Terms and Conditions

TERMS AND CONDITIONS OF THE ENCOR ESS APPLICATION

 

§ 1.

  1. These terms and conditions (“Terms and Conditions”) specify the rules of use of the application called Encor ESS (“Application”).
  2. The rights and obligations of users and the owner of the Application specified in the Application and related to its usage shall be identical for all the interested parties.

 

§ 2.

  1. The Application constitutes a computer program that belongs to the company (“the Company”) established under Polish law and operating under the name Corab S.A., seated in Olsztyn, address: ul. Michała Kajki 4, postal code 10-547 Olsztyn, entered into the register of entrepreneurs of the National Court Register under number 0000950779, the registry records of which are kept by the District Court in Olsztyn, the 8th Commercial Division of the National Court Register, holder of NIP [Tax ID no.]: 7390207757 and REGON [National Business Registry Number]: 510519084.
  2. The Company can be contacted at the standard mail address indicated next to the presentation of the Company or at the following e-mail address: wsparcie@corab.com.pl.

 

§ 3.

The user (“the User”) of the Application can be any natural person with full legal capacity, legal person or organizational unit without legal personality, which are granted legal capacity under provisions of law.

 

§ 4.

The Terms and Conditions are provided to Users free of charge. Every User can obtain, reproduce and save the contents of the Terms and Conditions through the communication and information system they use. The Terms and Conditions can be directly obtained through the Application, in the “Settings” tab.

 

§ 5.

In order to install and use the Application, the User needs to make a statement that they have read the contents of the Terms and Conditions and accepted their provisions, provide the User data required by the Application, as well as give consent to the processing of the User’s personal data, pursuant to the Privacy Policy which applies to the Terms and Conditions and that the User can download from the following website: encorbat.corab.pl.

 

§ 6.

  1. Access to the Application is protected with a password that the User sets when providing the data required by the Application, whereby the password can be changed by the User later on.
  2. The User undertakes that they shall keep their set password in strict confidence, protecting it against third-party access, as well as shall not disclose the password to such third persons, subject, however, to the condition that when the User decides to disclose the password to third persons, the User should instruct such third persons on the contents of the Terms and Conditions as well as obligate them to comply with the provisions thereof, obligate them to keep the password confidential and use the access to the Application only for the purpose specified by the User. The User shall be liable for any actions or omissions and the outcome of the access to the Application used by third persons as if such actions, omissions or outcomes were their own. The Company shall not verify whether the Application is used by the User or persons that the User provided with the password to the Application. Thus, the Company shall not be liable for any actions or omissions of such third persons or any outcome thereof.

§ 7.

  1. The Application gives the User the opportunity to monitor work, control the proper functioning of the system and check errors of the Encor ESS G2 energy storage system. (“the Installation”).
  2. The data on the operation of the Installation are collected, processed and displayed in the Application through a communication module (“Logger”) integrated with the BMS.
  3. Thanks to the information provided by the Logger as well as the designed features of the Application, the Application allows:
  1. An overview of the ongoing operation of the system, including the amount of electricity stored in the system.
  2. A presentation of statistics concerning the operation of the Installation.
  3. Demonstrative information on the possible savings achieved by the User thanks to the operation of the Installation in comparison with the costs of electricity that the User would need to pay according to market rates, if they used it.
  4. Determination of the charge level of such storage and the amount accumulated in the storage.
  5. Obtaining information on the errors occurring in the operation of the system or its sub-assemblies.
  6. In case of fitters of Installation, a simplified diagnostic overview of its operation, along with basic information in that scope.
  1. The User is aware that the data collected and information displayed by the Application are only of demonstrative nature and may contain erroneous readings. Thus, possible diagnostics of the Installation and all its components, as well as the possible identification of their defects, can take place only on the basis of a direct inspection carried out by a person with proper qualifications.

 

§ 8.

  1. The Application can be downloaded free of charge from the online store onto a mobile device, including phones, laptops, tablets with an installed Android or iOS operating system.
  2. In order to download the Application, the device that the Application will be installed on must be connected to the Internet.
  3. In order to allow the functioning of the Application and its collection and processing of data, the Installation that the Application monitors must be connected to the Internet.
  4. In situations described in sections 2 and 3 above, the Company shall not be liable for the quality of the Internet connection and an uninterrupted transfer of data that allows installation of the Application and its collection and processing of data from the Installation. The Company would like to advise that data sent over the Internet can be distorted, intercepted or sent in an incomplete form, which shall not ensure the uninterrupted functioning of the Application. The costs of data transfer over the Internet shall be paid by the User and depend on the rates applied by the telecommunications operator that provides relevant services to the User.

 

§ 9.

For the efficient functioning of the Application, the User’s device on which the Application will be installed must be of at least the following parameters: Android 5.0 or iOS 8.0, and the Internet connection of that device must feature a bandwidth not lower than 1 Mb/s.

 

§ 10.

  1. The Application is of information and promotional nature and can also be used for purposes of simplified diagnostics of the User’s Installation.
  2. The Application is not intended for generation of any profit or any financial or non-financial advantage.
  3. The information originating from the Application are for information purposes only and must not be used for making decisions of financial, investment or similar nature. Any such decisions are made by the User independently and at their own risk.

 

§ 11.

The User of the Application shall be obligated:

  1. to provide only true, valid and necessary information in the provided forms and to immediately update such information;
  2. to use the services and functionality provided by the website in a manner that will not disrupt the functioning of the Application and in a manner compliant with the applicable regulations of law, provisions of the Terms and Conditions, as well as in accordance with customs and commonly accepted rules of social co-existence, as well as in a manner that will not disrupt the functioning of other users of the Application;
  3. not to deliver or provide any contents prohibited by law in the Application, especially contents that infringe proprietary copyrights, patent rights, third parties’ rights to trademarks or third-party personal rights;
  4. not to upload any illegal content;
  5. not to change the provided contents in an unlawful manner;
  6. not to take any action aimed at acquiring information that is not intended for the User.

 

§ 12.

  1. The User must not use the Application to conduct economic activity.
  2. The prohibition indicated in section 1 shall not apply to entrepreneurs who are professionally involved in assembly of photovoltaic installation, who as part of their professional activities help the Users install and operate the Application, and who, upon request of such Users, carry out diagnostics of the Installation and its sub-assemblies.

§ 13.

The User can, at any time, without a specific reason and without informing the Company, cease the use of the Application by selecting the option “Uninstall” or “Delete” on the screen of the device that will appear after holding the icon of the Application for more than 2 seconds.

 

§ 14.

  1. The Company shall be obligated to consider complaints regarding the functioning of the Application.
  2. The User can file complaints concerning the functioning of the Application to the standard postal address or the electronic mail address provided in the description of the Company as well as through the “Contact” feature that can be found in the Application in the “Your account” tab.
  3. The Company shall consider the received complaint within a period not longer than 5 (five) working days from the date of receipt and, if such a complaint is justified, the Company shall remove the defects of the Application within a period not longer than 30 (thirty) days from the expiry of that deadline.
  4. If the Application or its individual functions cannot be opened due to the technical parameters of the device used by the User or the quality of the Internet connection of that device, it shall not be considered as a defect of the Application.

 

§ 15.

The Company shall not be liable for any direct or indirect damage or lost profits arising from or in connection with the functioning of the Application. All the decisions that the User makes based on the readings originating from the functionality of the Application shall be made solely at the User’s own risk and the Company shall not be liable for them.

 

§ 16.

  1. The Application, as computer software, is subject to protection under the applicable regulations of law.
  2. The Company grants the User a free, non-exclusive and non-transferable license for the use of the Application in the sole area of exploitation, namely storing the contents of the Application in the memory of the device selected by the User and displaying the said contents on such a device. Any other areas of exploitation, particularly those referring to reproduction of the Application, trading and distribution, without the Company’s consent expressed in writing under the pain of invalidity, shall be explicitly excluded.

 

§ 17.

The Company shall be hold all and exclusive copyright and / or industrial property rights, regardless of their particular name, to the contents in the Application and displayed as part of it. The said protection shall, in particular, cover graphical, verbal and figurative expressions, “Corab” markings and the name “Encor ESS” along with specific colors, fonts and arrangement of all the other elements displayed in the Application. The fact that the Company grants a license to the User shall not mean that the User shall have any rights or claims with regard to the above-mentioned contents.

 

§ 18.

In particular, the User shall be strictly forbidden to use the Application, as a computer program, and its contents for purposes other than those arising from the Terms and Conditions, as well as shall be forbidden to dispose them for remuneration, regardless of the character of the nature of such remuneration, and to copy, develop or distribute the Application, as a computer program, and its contents.

 

§ 19.

Pursuant to Art. 13 sections 1 and 2 of the Regulation of the European Parliament and the Council (EC) 2016/679 of 27 April 2016 on protection of individuals with regard to processing of personal details and on free movement of such data and repeal to Directive 95/46/EC (the General Data Protection Regulation) (OJ.L.2016.119.1) (hereinafter referred to as “the GDPR”), the Administrator would like to advise as follows:

  1. The data administrator shall be CORAB SPÓŁKA AKCYJNA seated in Olsztyn (10-547) at ul. Michała Kajki 4, entered into the register of entrepreneurs managed by the District Court in Olsztyn, the 8th Commercial Division of the National Court Register under KRS number 0000950779, REGON (National Business Registry Number): 510519084, NIP (Tax ID no.): 7390207757.
  2. The Administrator appointed a Data Protection Officer (Katarzyna Krzywicka). The Data Protection Officer can be contacted at the following e-mail address: ido@corab.com.pl in all matters regarding the processing of personal data and the exercising of rights related to data processing.
  3. The Administrator shall process the following personal data: personal data included in this agreement, e-mail address of the contractor, other personal data provided to the Administrator in relation to the conclusion and performance of this Agreement.
  4. Personal data shall be processed by the Administrator:
    1. For the purpose of conclusion and performance of this agreement (pursuant to Art. 6 section 1 letter b of the GDPR),
    2. For archiving (evidencing) purposes in order to secure information for the legal need of factual presentation, which constitutes a justified interest of the Administrator (pursuant to Art. 6 section 1 letter f of the GDPR),
    3. For the possible determination, pursuit of or protection against claims, which constitutes a legally justified interest of the Administrator (pursuant to Art. 6 section 1 letter f of the GDPR).
  5. Personal data can be disclosed to sub-contractors i.e., entities that provide services for the Administrator in scope of data processing: accounting firms, legal support, technical support, IT companies.
  6. The Administrator shall process personal data for a period referred to in the Agreement and the until any potential claims under the Agreement become time-barred.
  7. The Entitled Party shall have the following rights connected with the processing of their personal data:
    1. Right to access the personal data and receive their copy,
    2. Right to rectify (correct) the data,
    3. Right to remove the data,
    4. Right to restrict data processing,
    5. Right to submit an objection to the processing of data under a legally justified interest
    6. Right to transfer the data
    7. Right to file a complaint to the supervisory authority
  8. In order to exercise the above-mentioned rights, the Entitled Party should send their request to the e-mail address indicated in the agreement. Before the exercising of the rights, the Administrator shall properly identify the Entitled Party.
  9. Not all of the rights listed above shall apply at all times and in all circumstances. Some of the rights described above shall not be absolute and their exercising shall be subject to verification.
  10. The provision of personal data is necessary for the conclusion of the Agreement.
  11. The Administrator shall not make decision based solely on automated personal data processing. The Administrator does not use profiling.

 

§ 20.

  1. The Terms and Conditions and the rules of usage of the Application shall be subject to Polish law, excluding conflict-of-law rules of that legal system.
  2. Any disputes arising from the Terms and Conditions, including provisions regarding their validity and interpretation as well as the use of the Application shall be resolved by the common court competent for the registered office of the Company.
  3. The Company declares that they hold the status of a large business entity within the meaning of Art. 4 point 6) of the act on counteracting excessive delays in trade transactions i.e., the act of 23 February 2021 (Polish Journal of Laws of 2021, item 424).
  4. The Terms and Conditions are subject to changes as a result of the need to adjust them to the provisions of the applicable law, instruction, interpretation, order or decision of a public authority or a court decision, if they have influence on the contents of the Terms and Conditions, as well as in a situation involving introduction of changes in the intended purpose, scope or nature of the Application, change in the conditions of provision of services and in the case of needed stylistic, linguistic or other corrections of non-substantive nature.