Sunswitch Terms and Conditions
Effective Date: 20 Aug 2024
Welcome to Sunswitch! These Terms and Conditions (“Terms”) govern your use of the Sunswitch service (“Service”), which monitors data from your inverters and allows you to control Devices based on these readings. By accessing or using the Service, you agree to comply with and be bound by these Terms.
1. Acceptance of Terms
By accessing or using the Sunswitch Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
2. Service Description
Sunswitch provides a service that monitors data from your inverters and allows you to control Devices based on these readings. This data may include but is not limited to energy production, system status, and performance metrics.
*Data Collection Frequency: Please note that some inverters may not allow for data to be read more than once every hour. In such cases, Sunswitch will only be able to take readings at intervals of one hour or longer. The Service will be limited by the technical capabilities of your specific inverter, and Sunswitch cannot guarantee more frequent data readings if your inverter does not support them.
3. User Responsibilities
– Access Sharing: To use the Sunswitch Service, you must provide Sunswitch with access to your inverters and Devices. You agree to share all necessary access credentials, including but not limited to login information, API keys, or any other required information to enable Sunswitch to read and monitor data from your Devices.
– Device Compliance: You are responsible for ensuring that your Devices are compatible with the Sunswitch Service and that all connections and settings are correctly configured. This includes understanding the limitations of your inverter, such as the frequency of data readings.
– Data Accuracy: You are responsible for the accuracy of the data shared with Sunswitch. Sunswitch is not responsible for any inaccuracies in the data provided by your inverters or Devices.
4. Limitation of Liability
– No Responsibility for Hacks or Data Breaches: While Sunswitch takes reasonable measures to protect your data, you acknowledge and agree that Sunswitch cannot guarantee absolute security. You agree that Sunswitch shall not be held liable for any unauthorized access, data breaches, or hacks that may occur. By using the Service, you expressly agree that you will not hold Sunswitch responsible for any loss or damage resulting from such incidents.
– Service Availability: Sunswitch does not guarantee uninterrupted or error-free operation of the Service. Sunswitch shall not be liable for any downtime, delays, or interruptions in the Service.
– Limitation of Damages: To the fullest extent permitted by applicable law, Sunswitch’s total liability to you for any claims arising out of or relating to the use of the Service, whether in contract, tort, or otherwise, shall be limited to the amount you paid for the Service in the one (1) month immediately preceding the event giving rise to such claim. This limitation of liability applies to all claims of any kind, whether based on warranty, contract, statute, tort (including negligence), or otherwise.
– Exclusion of Certain Damages: Sunswitch shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of use, or any other intangible losses, even if Sunswitch has been advised of the possibility of such damages.
5. Data Usage and Privacy
– Data Collection: By using the Service, you consent to Sunswitch collecting and storing data from your inverters and Devices. This data will be used to provide the Service, improve performance, and develop new features.
– Data Sharing: Sunswitch may share aggregated, anonymized data with third parties for research, analysis, or other purposes. Sunswitch will not share personally identifiable information without your explicit consent, except as required by law.
6. Termination
– User Termination: You may terminate your use of the Sunswitch Service at any time by ceasing to use the Service and notifying Sunswitch in writing.
– Sunswitch Termination: Sunswitch reserves the right to terminate or suspend your access to the Service at any time, with or without notice, for any reason, including but not limited to a breach of these Terms.
7. Changes to the Terms
Sunswitch reserves the right to modify these Terms at any time. Any changes will be posted on the Sunswitch website, and it is your responsibility to review the Terms periodically. Your continued use of the Service after any changes have been made constitutes your acceptance of the revised Terms.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of NSW, Australia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in NSW, Australia.
9. Contact Information
If you have any questions or concerns about these Terms or the Sunswitch Service, please contact us at hello@sunswitch.io
By using the Sunswitch Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
SunSwitch.io
Sydney, NSW
