General Terms and Conditions governing the purchase and usage of Crystalball.

Definitions

Soleco is the provider of the CRYSTALBALL system and referred to in this document as PROVIDER. Soleco represents a consortium that has developed the CRYSTALBALL system and Soleco retains the right to transfer this agreement to a new PROVIDER at any time and which will include transfer of CUSTOMER data. For the purpose of Section III (relating to data privacy and data usage) PROVIDER shall mean the consortium (Soleco, Geminise and Vela Solaris). Data may be shared seamlessly within the consortium and 3rd party / 3rd parties refers to companies beyond that consortium.

CUSTOMER refers to the purchaser of the CRYSTALBALL system along with any and all additional end-users of the CRYSTALBALL system

CRYSTALBALL refers to the whole system or to any constituent part and/or subset of the system

I. Product Support obligations and limit of liability

A) These terms are deemed accepted as soon as CUSTOMER purchases CRYSTALBALL. They are therefore in effect even before installation of CRYSTALBALL.

B) The general functionality of CRYSTALBALL is described on the crystalball.solar website. PROVIDER reserves the right to change the functionality of CRYSTALBALL at any time. Changes will be described on the website.

C) CUSTOMER is explicitly allowed to use CRYSTALBALL to support further services from other companies and service providers. For example, one key advantage of CRYSTALBALL over other products is that it has the potential to be used by CUSTOMER to participate in energy trading schemes offered by aggregators or other service providers. This may require additional connections of those other service providers but this is explicitly allowed.

D) PROVIDER commits that during the first 2 years (from date of purchase) that PROVIDER makes reasonable best efforts to keep the system running effectively. This shall include providing software updates that may have been developed (e.g. to resolve issues of connectivity to controlled equipment) free of charge. This obligation to provide such software updates as have been developed within the first 2 years does not constitute an obligation on PROVIDER to develop such software. It is recognised that there are many equipment items connected by the CRYSTALBALL and the development of those and their interfaces is outside the control of PROVIDER. On-site visits and work are excluded from the support service with the exception of any need to replace hardware.

E) CRYSTALBALL hardware is supplied with a 2 year warranty given by PROVIDER.

F) CUSTOMER agrees to protect all end devices and any associated interfaces (such as browser) from unauthorized access.

G) Beyond the first 2 years, CUSTOMER may request further support and PROVIDER may choose to quote for such support or may choose to decline to quote for such support. Declining to quote for support may be done for any reason at all, including (but not limited to): lack of support for a fix from respective equipment interface provider, fix is not commercially viable, no availability of people to be able to effect the fix.

H) The annual maintenance fee must be paid in all circumstances to allow the continued running of the CRYSTALBALL. Paying the annual maintenance fee does not entitle the customer to Product Support, nor does it guarantee the effective running of the CRYSTALBALL product. If the fee is not paid, the instance will be deleted from the cloud platform and the CRYSTALBALL will no longer run.

I) Should the CRYSTALBALL no longer run or run ineffectively then it is for CUSTOMER to make the necessary changes (e.g. adjust Heat Pump settings etc.) that may be needed to allow comfortable operation of the equipment that the CRYSTALBALL no longer effectively controls. This is regardless of the reason why the CRYSTALBALL no longer runs.

J) In no circumstances is PROVIDER responsible for any damages to any equipment controlled by or connected to CRYSTALBALL. This includes an exclusion of liability of such damages within the initial 2 year support period.

K) In no circumstances is PROVIDER responsible for any other effects either resulting from or related to the operation or lack of operation of the CRYSTALBALL, including (but not limited to : excess energy costs, lack of comfort of water temperature or room temperature, insufficient car charge when needed etc.)

L) Refunds and exchanges of CRYSTALBALL are not provided.

II. License terms

A) CRYSTALBALL hardware: The CRYSTALBALL hardware is required to run the CRYSTALBALL Energy Manager but does not contain any CRYSTALBALL software rights. All software loaded to the CRYSTALBALL hardware is subject to the sale terms set out in section II B.

B) Annual purchase of CRYSTALBALL Energy Manager is required to give CRYSTALBALL functionality. CRYSTALBALL Energy Manager contains an annual run-time license to allow use of CRYSTALBALL software for 1 year. The CRYSTALBALL Energy Manager contains software licensed by CSEM, Switzerland.

C) No copying, reverse engineering, re-engineering, modifying or re-distribution of the code is allowed.

D) The CRYSTALBALL Energy Manager contains 3rd party software components used under the MIT license as set out in Annex A of this document.

E) The CRYSTALBALL Energy Manager contains 3rd party software components used under the Apache license as set out in Annex B of this document

F) The CRYSTALBALL Energy Manager contains 3rd party software components used under the BSD 3-Clause License as set out in Annex C of this document

G) The CRYSTALBALL Energy Manager contains 3rd party software components used with bespoke licenses as set out in Annex D of this document

III. Privacy Policy and Data Treatment

A) Information that PROVIDER collects from CUSTOMER

PROVIDER collects, processes and stores the following information about CUSTOMER :

  • name, address, email address
  • the ID of CUSTOMER instance of CRYSTALBALL
  • the installer that installed the CRYSTALBALL
  • information about the devices (IP address, settings etc.)
  • the generated solar energy
  • consumption per device
  • the level of energy export and import to and from the grid
  • associated information such as energy tariffs
  • information from all connected devices (e.g. temperatures, charge levels etc.)
  • location data to allow appropriate weather information & forecasting
  • information of devices you use to connect to the system (computer, mobile etc.)
  • IP address, browser type, operating system, time of access etc.
  • phone number when given (e.g. when requesting support)

B) How CUSTOMER information is used by PROVIDER

PROVIDER uses the information about CUSTOMER in the following ways :

  • to allow the CRYSTALBALL to be installed and put in operation
  • to allow the CRYSTALBALL to function effectively
  • to allow future enhancements to the CRYSTALBALL product
  • to allow future products and services to be developed and offered
  • to answer your questions
  • to inform you about changes to CRYSTALBALL and/or about PROVIDER
  • to meet legal and regulatory requirements
  • to monitor usage for purposes such as Product Support and avoidance of mis-use

C) Disclosure of CUSTOMER data by PROVIDER to 3rd parties

For some of the purposes for which CUSTOMER data is used, PROVIDER will use 3rd parties.

Disclosure and use of specific CUSTOMER data to a 3rd party will only occur if that 3rd party is being contracted to either install the CRYSTALBALL, to support the operation of the CRYSTALBALL (e.g. Microsoft Azure Cloud) or to provide Product Support. In such cases the respective 3rd party is a processor on behalf of PROVIDER and PROVIDER remains responsible for CUSTOMER data.

PROVIDER will never share specific CUSTOMER data to any 3rd party for the purposes of advertising, advertising support, marketing or marketing support.

PROVIDER may share aggregated and anonymized data with 3rd parties in order to support development and market introduction of enhancements to CRSYTALBALL or to develop new products and services.

PROVIDER may share all and any CUSTOMER data when required to do so by law (either directly or indirectly in order to comply with a legal obligation).

D) Where PROVIDER stores CUSTOMER data

CUSTOMER data is stored in the following locations :

In the CRYSTALBALL device installed at CUSTOMER home/premises
In the Microsoft Azure Cloud within EU and/or Switzerland.
In the business software and systems of PROVIDER and (where applicable, as in Section III C) In the business software and systems of 3rd parties.
The transmission of information over the Internet is not entirely secure even using passwords and secure protocols. Therefore PROVIDER cannot guarantee the security of CUSTOMER data and CUSTOMER uses CRYSTALBALL at CUSTOMER risk.

E) Data storage duration and CUSTOMER rights to data deletion

PROVIDER stores data as long as is required to support the uses listed in Section III B.
CUSTOMER has the right to deletion and/or portability of CUSTOMER data on request to PROVIDER. CRYSTALBALL will no longer function once data is deleted.

Annex A

The following 3rd party software components are used by the CRYSTALBALL Energy Manager under the MIT license. Please note that the MIT license terms given here apply only to the use of the software components listed and are not the license terms of the CRYSTALBALL Energy Manager itself (for which the license terms are given in Section II, above).

MS DotNet Core, Copyright (c) .NET Foundation and Contributors

Ical.net, Copyright © 2016 Douglas Day, Rian Stockbower

Microsoft TSS, Copyright (c) Microsoft Corporation

Limpet, Copyright (c) Microsoft Corporation

Newtonsoft.Json, Copyright (c) 2007 James Newton-King

pyyaml v5.1.2, Copyright (c) 2017-2021 Ingy döt Net; Copyright (c) 2006-2016 Kirill Simonov

pytz v2019.1, Copyright (c) 2003-2019 Stuart Bishop stuart@stuartbishop.net

inflection v0.3.1, Copyright (C) 2012-2020 Janne Vanhala

DynamicExpresso.Core, Copyright (c) 2018 Davide Icardi

The MIT license:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Annex B

The following 3rd party software components are used by the CRYSTALBALL Energy Manager under the Apache license:

requests v2.22

The terms of the Apache License are set out below:

Apache License

Version 2.0, January 2004 http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

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Annex C

The following 3rd party software components are used by the CRYSTALBALL Energy Manager under the BSD 3-Clause License as described further below:

pandas v0.25, Copyright (c) 2008-2011, AQR Capital Management, LLC, Lambda Foundry, Inc. and PyData Development Team. All rights reserved. Copyright (c) 2011-2021, Open source contributors.

scikit-learn v0.22, Copyright (c) 2007-2020 The scikit-learn developers. All rights reserved.

control v0.8.2, Copyright (c) 2009-2016 by California Institute of Technology. All rights reserved.

pvlib v0.6.3, Copyright (c) 2013-2021, Sandia National Laboratories and pvlib python Development Team. All rights reserved.

networkx v2.3, Copyright (C) 2004-2021, NetworkX Developers, Aric Hagberg , Dan Schult , Pieter Swart . All rights reserved.

BSD 3-Clause License Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Annex D

The following 3rd party software components are used by the CRYSTALBALL Energy Manager under their own bespoke license terms as set out below:

Pulp Copyright (c) 2002-2005, Jean-Sebastien Roy Modifications Copyright (c) 2007- Stuart Anthony Mitchell

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.