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TERMS OF USE FOR SOLMATE CLOUD & APP SERVICES

Last Updated: 22.08.2025
Version: 1.0

1. Scope and Object of Agreement

1.1. Services Covered. These Terms of Use („Terms“) govern the use of the Solmate mobile application, the Solmate web interface, firmware updates, and all associated cloud functions (collectively, the „Services“) provided by Efficient Energy Technology GmbH („EET,“ „we,“ „us,“ „Company“), located at Paula-Wallisch-Straße 14, 8055 Graz, Austria, for the use, monitoring, and diagnostics of Solmate energy storage systems („Device“).
1.2. Relationship to Hardware Purchase. These Terms apply solely to the digital services. These Terms do not govern the purchase of the physical Device. Device purchases are governed by the General Terms and Conditions of Sale („GTC“) of the seller, which may be EET or an authorized reseller.
1.3. Acceptance. By creating an account, registering a Device, or using any portion of the Services, you („Customer,“ „you“) accept these Terms.
1.4. Changes to the Terms. We may update these Terms with at least 30 days notice for material changes. We may update them immediately if required for safety, security, legal compliance, or to address a vulnerability. Your continued use of the Services after notice constitutes acceptance.

2. Connectivity and System Requirements

2.1. Customer Connectivity Responsibility. The Customer acknowledges that full functionality—including monitoring, updates, and warranty-related communications—requires an active internet connection (WiFi or Ethernet). Maintaining this connection is the sole responsibility of the Customer.
2.2. Device Connectivity. Your Device connects to EET’s cloud infrastructure through secure communication channels. These include:
2.3. Offline Operation. If the Device loses internet connectivity:
2.4. Customer Cybersecurity Responsibility. We design our products with security in mind. For optimal protection, we recommend you also maintain basic network security practices, including maintaining secure WiFi passwords, installing router updates, and preventing unauthorized access to your network.

3. Remote Access, Diagnostics, and Configuration

3.1. Remote Support Access. To resolve technical issues, EET may establish a temporary, authenticated, and encrypted remote connection to your Device. Such remote access is:
  • Performed only by authorized engineers;
  • Limited to the minimum necessary actions; and
  • Logged and auditable upon request.
3.2. Enhanced Diagnostic Data. In the context of an active support case, EET may temporarily activate detailed diagnostic measurements (e.g., high-frequency signal logs).
  • Notification: You will be notified via direct communication from Support.
  • Usage: Diagnostic data is used exclusively for the support case, retained only as long as necessary, and processed in accordance with our Privacy Policy.
3.3. Remote Configuration. EET may, where strictly necessary, remotely adjust critical Device parameters (e.g., charge limits, grid settings) to ensure battery safety, regulatory/grid-code compliance, or the correction of malfunctions. Non-critical or feature-changing adjustments require prior customer notice.

4. Data Rights and Usage

4.1. Data Categories.
  • „Product Data“: Raw operational data generated by the Device (e.g., energy flow, consumption, battery state of charge).
  • „Personal Data“: Data relating to an identified or identifiable person, governed by our Privacy Policy.
  • „Derived Data“: Aggregated or computed values created by EET, including algorithms, analytics, and system health estimates.
  • „Trade Secrets“: Proprietary algorithms, optimization logic, or internal models that cannot be disclosed.
4.2. Access Rights. The Customer may access Product Data through the App and Portal. Comprehensive datasets may be requested via Customer Support and will be provided without undue delay.
4.3. Portability. Upon request via Customer Support, we will transfer your Product Data directly to a designated third party. Where permitted by law, EET reserves the right to charge reasonable compensation for facilitating such transfers.
4.4. Prohibited Use. You may use your Product Data freely. However, you agree not to:
  • Reverse-engineer proprietary algorithms;
  • Extract Trade Secrets; or
  • Use Derived Data to develop directly competing optimization logic.
4.5. Retention. Product Data is retained only as long as necessary for providing the Services or fulfilling legal obligations. You may request deletion in accordance with the Privacy Policy.

5. Software Updates and Security

5.1. License. EET grants you a revocable, non-exclusive, non-transferable license to use the App and Device firmware solely for operating the Device.
5.2. Types of Updates.
  • Critical Security Updates (Mandatory): To address vulnerabilities or safety risks.
  • Compliance Updates: To maintain conformity under the EU Sale of Goods Directive.
  • Feature Updates: Enhancements not required for safety or conformity.
5.3. Automatic Installation. Updates are installed automatically to ensure the safety of the lithium-ion battery system, cybersecurity, and grid-code conformity. You agree not to block or interfere with such updates.
5.4. Consequences of Blocking Updates. If you disable connectivity or refuse updates:
  • EET is not liable for resulting defects or security incidents; and
  • Conformity-related warranty claims may be affected where permitted by law.
5.5. Cybersecurity Measures. EET implements industry-standard protection measures aligned with relevant EU cybersecurity regulations.

6. Term, Termination, and Account Deletion

6.1. Duration. The Service Agreement lasts for the operational lifetime of the Device, subject to the continued commercial availability of the Service.
6.2. Termination for Cause. EET reserves the right to suspend or terminate access if you:
  • Hack, tamper with, or reverse-engineer the firmware;
  • Use the Service for unlawful activities; or
  • Breach Section 4.4 or other contractual obligations.
6.3. Effects of Termination. Upon termination:
  • Cloud services cease;
  • Locally stored Device functionality continues where technically possible;
  • Personal data is deleted or anonymized unless legal obligations require retention; and
  • You may request the export of your Product Data prior to deletion.
6.4. No Impact on Hardware Warranty. Termination of cloud access does not, by itself, affect your statutory hardware warranty rights.

7. Liability and Warranty

7.1. Service Availability. We strive for high uptime but cannot guarantee uninterrupted availability. Temporary outages may occur due to maintenance, updates, or force majeure.
7.2. Data Integrity. The Services are not a data-backup product. Although reasonable precautions are taken, EET is not liable for the loss of historical data.
7.3. Accuracy of Third-Party Data. EET is not responsible for the correctness of external data sources (e.g., grid signals, weather forecasts) that may influence energy calculations or system recommendations.
7.4. General Liability.
  • EET is liable without limitation for intent, gross negligence, and harm to life, body, or health.
  • For slight negligence, liability is limited to foreseeable, contract-typical damages.
  • Nothing in these Terms limits your statutory consumer rights.

8. Governing Law and Dispute Resolution

8.1. Governing Law. These Terms are governed by the laws of Austria, excluding conflict-of-law rules.
8.2. Consumer Protection. Mandatory consumer protection laws of the country in which the Customer habitually resides remain unaffected.
8.3. ODR Platform. The European Commission provides a platform for Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr/
8.4. Alternative Dispute Resolution. We are willing to participate in voluntary mediation procedures before recognized consumer arbitration boards.

9. Miscellaneous

9.1. Intellectual Property. All software, firmware, documentation, analytics, and algorithms remain the sole intellectual property of EET.
9.2. Force Majeure. Neither party is liable for failures caused by events outside reasonable control (e.g., natural disasters, grid failures, internet outages, governmental actions).