Terms of Service
1. Scope
These General Terms and Conditions (hereinafter "GTC") apply to the use of the Mirox SaaS platform (hereinafter "Platform") operated by Mirox Verwaltungs GmbH, Tempowerkring 6, 21079 Hamburg (hereinafter "Provider").
By registering and using the platform, the user accepts these GTC. Deviating terms and conditions of the user are not recognized.
2. Service Description
The platform offers a web-based software solution for monitoring and managing renewable energy generation facilities, in particular:
- Solar parks
- Wind turbines
- Battery storage systems
The specific functions depend on the respective booked tariff.
3. Registration and User Account
Registration is required to use the platform. The user is obliged to provide truthful and complete information during registration and to keep it up to date.
The user is responsible for keeping their access data confidential. In case of suspected misuse, the provider must be informed immediately.
4. User Obligations
The user agrees to:
- Use the platform only within the framework of applicable laws
- Not to transmit any content that is illegal, offensive or otherwise inadmissible
- Not to circumvent the technical security measures of the platform
- Not to use automated systems for data extraction unless expressly authorized
5. Intellectual Property
All rights to the platform, including copyrights, trademark rights and other protective rights, remain with the provider. The user is granted a simple, non-transferable right of use for the duration of the contractual relationship.
6. Availability and Maintenance
The provider strives to ensure the highest possible availability of the platform. The user acknowledges that 100% availability is technically not possible.
The provider reserves the right to carry out maintenance work that may lead to temporary restrictions. Planned maintenance work will be announced in advance if possible.
7. Data Protection and Data Security
The provider processes personal data in accordance with applicable data protection laws. Details are regulated in the privacy policy.
The user grants the provider the right to process the plant data transmitted via the platform insofar as this is necessary for the provision of the contractually owed services.
8. Liability
The provider is liable without limitation for intent and gross negligence. For slight negligence, the provider is only liable in the event of a breach of essential contractual obligations (cardinal obligations) and only up to the amount of the foreseeable, typically occurring damage.
The above limitations of liability do not apply to damages resulting from injury to life, body or health.
9. Contract Term and Termination
The contractual relationship begins with registration and runs for an indefinite period. It can be terminated by either party with a notice period to the end of the month.
The right to extraordinary termination for good cause remains unaffected.
10. Changes to GTC
The provider reserves the right to change these GTC. Changes will be communicated to the user in text form at least 4 weeks before they come into effect. If the user does not object within 2 weeks of receipt of the notification, the changed GTC are deemed to have been accepted.
11. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from this contractual relationship is Hamburg, provided the user is a merchant, a legal entity under public law or a special fund under public law.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
Last updated: November 2024