Vela Solaris AG End User Agreement

By using “Polysun Online” web site (“Service”), a service of Vela Solaris AG (“Company”), you (“Customer”) are agreeing to be bound by the following End-User Agreement and terms (this “Agreement”).

Vela Solaris reserves the right to update and change this End-User Agreement from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Account Terms

1. Background. The Company provides and sells the service commonly known as “Polysun Online” or “Polysun Online Premium”, which includes the electronic user help (help pages) and the component catalogs (“Service”). Customer wishes to license the service from the Company on the terms and conditions attached hereto as Exhibit A (the “Terms and Conditions”)
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. The email address you provide must remain valid for the duration of your subscription. Temporary or “disposable” email addresses are expressly disallowed.
5. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
6. You are responsible for maintaining the security of your account and password. Vela Solaris cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
8. You must not misrepresent yourself or take on the identity of someone else while using this service.
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
10. You may not use the software to develop products that compete with Vela Solaris products and/or otherwise use or decipher trade secret rights and all other intellectual and industrial property rights of any sort relating to any and all inventions (whether or not patentable), works of authorship, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by Vela Solaris. Such proprietary Information may not be used for any purpose other than the authorized use of the Vela Solaris platform.
11. Violation of any of these agreements will result in the termination of your Account. While Vela Solaris prohibits such conduct on the Service, you understand and agree that Vela Solaris cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment and Refunds Terms

1. If you elect to subscribe to any paid edition, you shall pay all applicable fees, as described on the Polysun Online. Vela Solaris reserves the right to change its prices at any time. You authorize Vela Solaris, directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such subscriptions.
2. Fees are billed in advance per period and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. You acknowledge and understand that Vela Solaris will continue to charge you for your subscription to any paid editions as long as your account remains active regardless if the paid editions or all purchased user licenses are used or not.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Privacy & Data Rights

Vela Solaris may provide data services or otherwise share aggregate, anonymous (not personally identifiable, or identifiable as being associated with your Company) information with its customers, business partners or other third parties. Vela Solaris will not, however, knowingly disclose personally identifiable information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate, to address an unlawful or harmful activity or unless otherwise authorized by the Company. In addition, any such data services related to specific manufacturer products (which may include aggregated cost data) will only be provided to third parties with the consent of such manufacturer.

Feedback

In using the Service, you may provide certain comments, suggestions, data, or other information to Vela Solaris (collectively “Feedback”). Vela Solaris shall have the right to retain and use any such Feedback in current or future products or services, without additional compensation to you. To the extent such Feedback is protectable under intellectual property laws, you agree to cooperate with Vela Solaris as needed to obtain such protection as Vela Solaris may desire and you agree to assign your rights to such Feedback to Vela Solaris.

Cancellation and Termination

You are solely responsible for properly cancelling any paid subscription. You can cancel your subscription at any time by checking the Cancel Subscription checkbox in the Subscription Plan editor.

If you choose to cancel your paid subscription, you will not be charged for any additional fees.

If your credit card cannot be authorized for any base monthly fees or usage fees, we will retry the card up to 7 times over the course of 7 days. If after 7 days we still cannot compete the charge, your account will be suspended until payment has been received.

Vela Solaris, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Vela Solaris service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Vela Solaris reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Vela Solaris reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Vela Solaris Site (www.velasolaris.com) or the Service itself.

Vela Solaris shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.

We claim no intellectual property rights over the material you provide to the Service. Your profile, project data, and other materials uploaded remain yours.

Vela Solaris does not pre-screen Content, but Vela Solaris and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The look and feel of the Service is copyright©2010 Vela Solaris. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Vela Solaris.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only available via email and via the company’s help website.

You understand that Vela Solaris uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Vela Solaris, or any other Vela Solaris service.

You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is copyright Vela Solaris.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by Vela Solaris.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Vela Solaris customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Vela Solaris does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Vela Solaris shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vela Solaris has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

The failure of Vela Solaris to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Vela Solaris and govern your use of the Service, superceding any prior agreements between you and Vela Solaris (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to info at Vela Solaris dot com.

Winterthur, August 10th 2012