Preamble

Shenzhen SOFARSOLAR Co., Ltd (hereinafter referred to as “Sofarsolar”), 11th Floor, Gaoxinqi Technology Building, District 67, Xingdong Community, Xin'an Street, Bao'an District, Shenzhen, China, is the provider of the Sofar Cloud/App.

In addition, Sofarsolar offers photovoltaic products for sale. It is possible to register these products with Sofarsolar by means of Sofar Cloud/App. Further services of Sofarsolar as well as additional functions of the photovoltaic products can be used for these registered products within the scope of Sofar Cloud/App.

I. Validity of the terms of use

With these, Sofarsolar regulates the use of the Sofar Cloud/App. The use includes all functionalities of the Sofar Cloud/App in connection with the cloud-/app-based functionalities of the photovoltaic products of Sofarsolar.

The user of the services of the Sofar Cloud/App can be both an entrepreneur and a private consumer (hereinafter jointly referred to as "User"). The prerequisite is that the User is the owner of the photovoltaic products registered with Sofarsolar. The User is entitled to transfer the use of the Sofar Cloud/App, e.g. to installers, service representatives or other persons who have been commissioned by the User with the installation, maintenance or support of the photovoltaic products registered with Sofarsolar.

1. Applicable law

The use of the Sofar Cloud/App is subject to the laws of the People's Republic of China.

2. Contract language

The contractual language is English, even if the Sofar Cloud/App is made available in several languages. All communication in connection with the Sofar Cloud/App of Sofarsolar will be in this language.

3. Changes

Sofarsolar reserves the right to change the above terms of use at any time and without giving reasons with effect for the future.

II. Use, registration and processing of personal data

By installing/using the Sofar Cloud/App, the user accepts the above terms of use.

To download the Sofar Cloud/App, the terms and conditions of the respective app store must be accepted. Sofarsolar has no influence on these and accepts no responsibility or liability for them. Internet access or the use of mobile devices (smartphone) may be subject to charges. Sofarsolar has no influence on this.

1. Registration

In order to fully use the Sofar Cloud/App, the User must register with Sofarsolar. The registration also includes the specification of the Sofarsolar photovoltaic products used by the User as well as further data processed during the registration and the use of the registered Sofarsolar photovoltaic products.

The registration process for a private consumer requires an e-mail address to confirm the account and a password to be set to restrict access. The selected language is stored in the user profile.

The registration process for an entrepreneur requires further information for the validation of the truthful registration as an entrepreneur, where further user rights compared to a private User are granted.

Sofarsolar reserves the right to completely withdraw the use of the Sofar Cloud/App even after registration and to block or delete a registered use, in particular if the User violates the conditions stated under II.4.

The User can delete his or her registration at any time. After deletion, all information that Sofarsolar no longer needs to operate and provide the Sofar Cloud/App will be deleted from the Sofarsolar servers, unless Sofarsolar is entitled or obliged to retain it.

2. Processing of personal data

Insofar as personal data is processed during the registration and use of the Sofar Cloud/App, Sofarsolar is the controller for the processing of this personal data pursuant to Article 4 (7) EU GDPR.

Further information on the processing of this data is available for inspection at

https://sofarsolar.com/policy.html

3. Use

The Sofar Cloud/App is provided free of charge and voluntarily. There is no entitlement to use the Sofar Cloud/App. In particular, there is no entitlement to constant availability of the Sofar Cloud/App.

Sofarsolar expressly points out that the availability of the Sofar Cloud/App may be interrupted, particularly during maintenance work. No liability is accepted for the non-availability of the Sofar Coud/App.

Insofar as links to other websites are provided within the framework of the Sofar Cloud/App, this is done with the indication that the activation of these links leads to the User leaving the Sofar Cloud/App and using websites of other responsible bodies. Sofarsolar is not responsible for the content and functions of these websites.

4. Exclusion of use

Use of the Sofar Cloud/App is prohibited to the extent that:

· use is made in an offensive fraudulent manner or for the purpose of committing other criminal offences;

· use is made in a manner that is contrary to applicable law or infringes licences or intellectual property rights or violates the rights of third parties;

· the use is for the purpose of reselling the Cloud/App;

· the use is for unauthorised manipulation ("hacking"), modification or impairment of the security or functionality of the App or other websites (e.g. by means of viruses, Trojans, worms, logic bombs, denial of service attack, distributed denial of service attack or other material that is malicious or technologically harmful);

· the use is in an automated or other manner to remove, extract or otherwise obtain materials or content from the Cloud/App for use on a third party website or application.

5. Liability

The personal data processed within the scope of the Sofar Cloud/App is protected against unauthorised access by Sofarsolar using appropriate technical and organisational measures.

Should unauthorised access to personal data nevertheless occur, Sofarsolar will only accept liability for damage caused to data subjects in connection with the unauthorised use of personal data if Sofarsolar has breached its obligations to use appropriate technical and organisational measures with gross negligence or intent.

III. Termination of use

The use of the Sofar Cloud/App is for an indefinite period. Use may be terminated at any time by either party without notice and without stating reasons.

The discontinuation of the provision of the Sofar Cloud/App by the responsible party as well as the deletion of the registration by the user constitutes an implied termination of use.