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Terms of Use

Sunny Portal Terms of Use

  1. General Information

    2. SUNNY PORTAL is a free service within the scope of the website SunnyPortal.com

    of

    SMA Solar Technology AG 
    Sonnenallee 1 
    34266 Niestetal
    Germany

    Represented by the management board:
    Dipl.-Ing. Günther Cramer (Chief Executive Officer)
    Dipl.-Soz.Päd. Jürgen Dolle (Chief Human Ressources Officer)
    Dipl.-Ing. Peter Drews (Chief Product Officer)
    Dipl.-Ing. Roland Grebe (Chief Technology Officer)
    Dipl.-Ing. Uwe Hertel (Chief Operating Officer)
    Dipl.-Kfm. Pierre-Pascal Urbon (Chief Financial Officer)
    Dipl.-Ing. Marko Werner (Chief Sales & Marketing Officer)

    Supervisory board:
    Dr. jur. Erik Ehrentraut (Chairman)

    Commercial register of the Local Court Kassel HRB - No.: HRB 3972
    Turnover tax identification number Germany: DE 113 085 954
    WEEE-Reg.Nr. DE 95881150


    Contact: info@SMA.de
    Phone: +49 561 95 22 - 0
    Fax: +49 561 95 22 - 100

    SUNNY PORTAL is an Internet platform for the administration and presentation of data of power engineering units and systems.

  2. Scope of Validity

    3. These terms of use are binding for the participation in SUNNY PORTAL.
    SUNNY PORTAL can be used only on the basis of these terms and conditions.
    By clicking the button "I agree" when logging in, you are indicating that you accept the following terms of use.

  3. User's Obligations

    4. When registering, the user receives one or several passwords and one or several user IDs for the use of SUNNY PORTAL.
    The user is obliged to keep user IDs and passwords confidential and not to give them to a third party. In case of suspected misuse of access data, SMA must be informed immediately.
    As soon as SMA receives notice of possible misuse of the application, SMA may take the necessary counter measures and in particular may prohibit further use of SUNNY PORTAL. If a user ID is not used for a period of three months, SMA is entitled to delete this ID without further notice.

  4. Permitted Use and Use Limitations

    5. The platform SUNNY PORTAL has been developed by SMA and is subject to copyright protection.
    SMA owns all usage and exploitation rights.
    The user has usage and exploitation rights only as far as these are defined in the terms of use.
    The user may use retrieved information and results of the Internet site for his/her own and for non-profit use only.
    No other use of requested information and results of the service other than that mentioned above is allowed without explicit written approval from SMA.

    SMA expressly points out that the information provided on the Internet site SUNNY PORTAL is for the information of the user only and is not to be used for arbitration or evidence pertaining to claims against utility operators.

  5. Special Provisions for Contributions of the User

    6. 5.1.
    The registered user is entitled to place his/her own contributions on the website.
    SMA is not responsible for content, correctness or the form of these contributions. The user is not entitled to the publication of submitted comments or other contributions. SMA reserves the right to not publish comments or contributions without reason, to edit them prior to publication or to delete them after publication at its own discretion.

    5.2.
    By registering and accepting the terms of use, the user particularly agrees to:

    • abstain from any kind of insults, criminal content, pornography, and rude expression in the contributions,
    • bear the sole responsibility for the content of his/her contributions,
    • honor the rights of third parties (in particular, trademark rights, copyright and personal rights),
    • release SMA from claims of a third party resulting from the contributions,
    • restrain from placing any advertising of any kind or using the Internet site SUNNY PORTAL for any kind of commercial activities.

    5.3.
    In case of violation of the agreement defined in 5.2., SMA is entitled to revoke user rights and take legal action against the user for the resulting damage.

  6. Exclusion of Liability/ Disclaimer

    7. SMA is not liable for the accuracy, completeness or quality of the provided information, documents and prices and yield information displayed, nor is SMA responsible for the information being current and up-to-date.

    SMA does not assume any responsibility for possible errors or failures in the stated information, etc., to which are referred or linked.

    All liability claims towards SMA referring to damages of any kind, material and non-material, caused by the use or disregard of the presented information and/or the use of incorrect and/or incomplete information are absolutely excluded as far as there is no proven deliberate or grossly negligent fault of SMA. This especially applies to damages resulting from loss of effectivity, data or yield. It is the user’s sole responsibility to check the content of the results from the use of the platform SUNNY PORTAL and their suitability for the respective purpose of use.

    All quotations are subject to confirmation and are not binding. SMA expressly reserves the right to change, complete or delete parts of the site or the entire service or to interrupt or terminate publication without separate notice. The user can make no claim as to the constant temporal availability of the Internet service SUNNY PORTAL.

  7. References and Links

    8. In case of direct or indirect references/links on the pages of SUNNY PORTAL to other Internet sites which are outside of SMA’s responsibility, SMA expressly emphasizes that SMA has no influence on the current and future composition and content of the linked sites. SMA therefore does not make any warranty for the accuracy, completeness or quality of the provided information, nor that it is current, and explicitly disassociates itself from all content of these sites. This applies to all links included in SUNNY PORTAL to external sites and all content of these sites to which the links and the banners displayed refer. In the case of illegal, incorrect or incomplete content and especially damages, resulting from the use or disregard of the information provided, solely the provider of the site to which it has been referred shall be liable and not the party that refers via links to the respective site.

  8. Data Protection

    9. According to § 33 Para. 1 German Federal Data Protection Act and § 3 Para.5 German Teleservices Data Protection Act, SMA herewith expressly informs the user that SMA collects the user’s address data (e-mail addresses, names, addresses) in machine-readable form and processes them by machine for the use of SUNNY PORTAL, the service of customers, for advertisingand market research purposes and for the design of the telecommunication services according to need. SMA collects the user’s plant data made anonymous and uses it in order to publicize regional comparisons, e.g. in the press, radio, television and other publications. I agree that SMA may inform me regarding all improvements and all changes, limitations or upgrades necessary for normal operation and effective use of the Portal.

    The user expressly agrees to the use of his data with respect to the approval of the terms of use. As far as it is possible to enter other personal or business data, the disclosure of this information by the user is expressly done on a voluntary basis.

    The user has the right to request the deletion of the recorded data at any time and always has the right of inspection of the recorded data. In this case, a written notice to SMA Solar Technology AG, Sonnenallee 1, 34266 Niestetal, Germany or an e-mail to Datenschutzbeauftragter@SMA.de is sufficient.

  9. Changes

    10. SMA reserves the right to change these terms of use at any time and without reason. The updated terms will be sent to the user via e-mail at the latest 2 weeks before taking effect. Any objections to the updated terms of use must be sent in writing to SMA Solar Technology AG, Sonnenallee 1, 34266 Niestetal, Germany or by e-mail to info@SMA.de within two weeks of receipt, otherwise, the modified terms will be considered to be accepted. At the time, SMA will expressly note the meaning of the two weeks notice term to the user in the e-mail containing updated terms.

  10. Applicable Law, Court of Jurisdiction

    11. If the user is a business, these terms of use are subject to the applicable law of Germany. If the user is a consumer these terms of use are subject to the law of the Federal Republic of Germany as far as no mandatory statutory provisions, in particular consumer protection provisions, are opposed. In case the user is a merchant in terms of the German Commercial Code, a separate estate subject to public law or a legal person, Kassel is the exclusive jurisdiction for all disputes arising from these terms of use.

  11. Severability Clause

    12. These terms of use and the defined disclaimer ( 6.) shall be regarded as part of the website www.SMA.de. Regardless of whether case parts or single phrases of these terms of use do not correspond to current legal position, or will not correspond to it in the future, or are regarded as incompletely, content and legal force of the other parts of this document shall remain in force. The non-effective provision is superseded by a provision to be determined in the way of interpretation that economically corresponds the most to the non-effective provision in a legally effective way. The same applies to possible omissions in provision.


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