1. Introduction and Definitions
By accessing or using the services provided by Lun Energy ApS (“Lun”), you agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your use of Lun's software, platforms, tools, applications, systems, and services (collectively, “Services”). Specific terms are defined contextually, and any term with a capital letter in this agreement has importance as outlined in their respective sections.
2. Services and Modifications
Lun offers software and services, including system design, data analysis, proposal generation, project management, and more, to support heat pump sales and installation projects. These Services are available on a subscription, per-project fee, or per-installation fee basis, as agreed with the User. Lun reserves the right to update or change the Services, with significant changes communicated in advance.
3. Service Availability and Support
While Lun aims for high service availability, there might be instances when Services are unavailable. Specific service level agreements are provided separately. Lun offers customer support, with details on availability and response times provided in separate agreements or specific service packages. During instances of outages, Lun will strive to provide users with timely notifications about the service interruption and expected restoration times.
4. Account and Authorization
You must be at least 18 years old to use the Services. Only those representing commercial installers can access Services; it is not for personal consumer use. If you create an account, ensure its security and report any unauthorized uses. You can designate Authorized Users (employees, agents, or contractors) to use the Services on your behalf and are responsible for their actions. Regular account reviews are recommended to remove any unnecessary or inactive authorized users.
5. Fees, Payments, and Refunds
Fees are based on agreements per project, per installation or subscription and are due within 15 days of invoicing. Late payments might incur interest. All fees are non-refundable, except where legally required or in exceptional cases where services aren't as described. In the case of any disputes regarding invoicing or charges, users are advised to contact Lun's financial department within 10 days of receiving the invoice.
6. Use and Restrictions
Users must adhere to these Terms and applicable laws. Activities like reverse engineering, creating competing products, and unauthorized access are prohibited. When using the Services, respect their integrity and avoid any malicious activities. Users are also expected to regularly review and adhere to any user guidelines or best practices provided by Lun.
7. User Content and Licensing
Users retain rights to their content. However, uploading or storing content gives Lun a license to use it for improving Services. Lun retains all rights to the Services and grants you a limited license for access and use. Any publically shared content or reviews about the Services may be used by Lun for promotional purposes.
8. Data Management
Lun takes measures to back up data. However, users are strongly encouraged to maintain their own backups. Lun is not liable for any data loss, regardless of the circumstances. If personal data processing is involved, both parties will respect applicable laws.
9. Aggregated User Data Usage and Sharing
Lun may collect, aggregate, and analyze user data generated from the usage of the Services to identify trends, improve our Services, or for other analytical purposes. This aggregated data will be anonymized and will not contain personally identifiable information. Lun may share this aggregated and anonymized data with third parties for business purposes, including but not limited to product development, market research, and industry analysis. By using the Services, you agree to the collection, aggregation, anonymization, and sharing of such data as described above.
10. Confidentiality, Feedback, and Third Parties
Confidential information must not be disclosed without consent. Feedback to Lun becomes its property. Some Services may integrate third-party functions; Lun isn't responsible for third-party actions or content.
11. Warranties, Liabilities, and Indemnification
Services are “as is”, without warranties. Lun's liability is limited to direct damages from gross negligence. Users should indemnify Lun from third-party claims resulting from Terms violations.
12. Term, Termination, and Force Majeure
These Terms continue until terminated. Lun may suspend Services for any breach. Neither party is liable for events beyond their control, like natural disasters.
13. General Provisions
This document represents the entire agreement. English version prevails. It's governed by Danish law. Contact Lun Energy ApS for any concerns. Disputes should first be resolved through negotiations. Any unresolved disputes after negotiation will be subject to arbitration in Denmark under the Danish Arbitration Association.
14. Additional Information