Terms & Conditions

1. Introduction

1.1 Welcome to IntelliCharge.AI (“the Service”), a Software as a Service (SaaS) solution designed to optimize the performance of solar inverters and batteries, provided by AI POWER ApS (“AI Power,” “we,” “us,” or “our”).

1.2 By accessing and using the Service, you, the customer (“you”), agree to be bound by these Terms of Service (“Terms”) and accept our policies, including our Privacy Policy.

1.3 AI Power’s registered address is at Trekanten 16, 4200 Slagelse, Denmark, CVR: DK 43708759. For any inquiries or assistance, contact us via email at info@aipower.dk or call us at +45 60666660.

2. Service Description and User Obligations

2.1 Service Overview: The Service facilitates optimal energy utilization, enhancing the efficiency of solar inverters and batteries. By signing up, you authorize AI Power to take administrative control over the inverter and batteries' behaviors.

2.2 Equipment and Access: You are responsible for procuring all necessary equipment and ensuring stable internet connectivity to access and utilize the Service.

2.3. Third party access: By agreeing to these terms, you acknowledge that a third party may, when deemed necessary, request access to view your system's data within third-party and our platform.

3. User Responsibilities

3.1 Account Security: You must safeguard your account details and promptly notify AI Power of any unauthorized use. Regularly update your account information to maintain security.

3.2 Prohibited Actions: You are prohibited from engaging in any activity that infringes on AI Power’s intellectual property rights or attempts to reverse engineer or decompile the Service.

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3.3. It is the customer's responsibility at all times to ensure that their inverter and energy storage system are compatible and capable of communicating effectively with our services.

4. Third party responsibilities: Compliance with Legislation and Data Confidentiality

4.1 The Party agrees to fully comply with all applicable local and international laws and regulations, including but not limited to the General Data Protection Regulation (GDPR). 

4.2 The Party shall maintain the utmost confidentiality of user data and shall not disclose, share, or disseminate any such data without explicit prior written consent from AI Power. This obligation includes the responsibility to ensure that all user data is handled securely and in accordance with the highest standards of privacy and data protection.
 

4.3 The Party shall immediately inform AI Power in the event of any breach or suspected breach of data confidentiality or if any user data is compromised. 

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4.4 Furthermore, the Party agrees to undertake all necessary remedial actions promptly at their own expense to address any such breach.

5. Right of Withdrawal and financial Terms (Fortrydelsesret)

5.1 Subscription Purchases
If a recurring subscription (e.g., monthly or yearly) is purchased, the customer has a 14-day right of withdrawal according to the Consumer Contracts Act, provided the agreement was made via distance sales, such as online or outside a fixed place of business. The period runs from the day the customer receives the first delivery.

5.2 Exercising the 14-Day Right of Withdrawal
If you wish to use your 14-day right of withdrawal:
Write to info@intellicharge.AI and inform us that you wish to cancel your purchase.
AI Power
Trekanten 16
4200 Slagelse
http://www.intellicharge.ai

5.3 Delivery and Sale of Digital Products key/license key
When buying a key/license key and once the product key/license key has been delivered, the purchase cannot be canceled, as it can no longer be returned. We do not offer a right of withdrawal on software licenses since registering the license key in the software constitutes the customer's acceptance that the product cannot be returned. key/license key is defined as a key/license key that is a one of sale 
 

Our return policy is in accordance with the "Consumer Contracts Act" and applicable case law in the area:
Right of Withdrawal, Scope of the Right of Withdrawal:
§18. The consumer may withdraw from the contract (right of withdrawal) in accordance with the rules in this chapter for distance sales (Fjernsalg) and for contracts concluded outside the business premises of the trader.
Section 2. The rules in this chapter do not apply to:
13) “delivery of digital content not supplied on a physical medium, if the execution has begun with the consumer's prior express consent and acknowledgment that they thereby lose their right of withdrawal.”

In Danish:
§18. Forbrugeren kan træde tilbage fra aftalen (fortrydelsesret) i overensstemmelse med reglerne i dette kapitel ved aftaler om fjernsalg og ved aftaler indgået uden for den erhvervsdrivendes forretningssted. 
Stk. 2. Reglerne i dette kapitel gælder ikke for 
13) ”levering af digitalt indhold, som ikke leveres på et fysisk medium, hvis udførelsen er påbegyndt med forbrugerens forudgående udtrykkelige samtykke og anerkendelse af, at vedkommende dermed mister sin fortrydelsesret,”.
Link: [Consumer Contracts Act](https://www.retsinformation.dk/Forms/r0710.aspx?id=160666#Kap4)

5.4 Complaint Access
Center for Complaint Resolution
Nævnenes Hus
Toldboden 2
8800 Viborg
http://www.forbrug.dk
 

If you are a consumer residing in an EU country other than Denmark, you can file a complaint via the EU Commission's online complaint portal here: http://ec.europa.eu/odr
 

5.5 Cancellation Policy
You may cancel the Service at any time; cancellation will take effect at the end of the current billing period.

6. Termination and Suspension

6.1 AI Power reserves the right to terminate or suspend your access to the Service for any violation of these Terms or any activity harmful to the Service or other users.

7. Intellectual Property

7.1 All intellectual property rights related to the Service are owned by AI Power. Any unauthorized use, modification, or distribution of our intellectual property is strictly prohibited.

8. Warranties and Disclaimers

8.1 When you shop with us, you have a 24-month warranty. The complaint must be justified, and the defect must not have arisen due to incorrect use of the product or other damaging behavior. Please describe the problem in as much detail as possible.
 

Any complaint about defects in delivered software products must be made to us within a reasonable time after the buyer has discovered or should have discovered the defect. Two months is always considered a reasonable time. Otherwise, the Buyer loses the right to invoke the defect.

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Please specify and, upon request, demonstrate the nature of the defect - it is standard practice for us to ask for a screenshot of the error or similar evidence that clarifies the nature of the error. We may refuse the complaint if the Buyer does not cooperate or provides incomplete information about the product's defects.
 

8.2 AI Power's Liability
AI Power is solely responsible for the operation of its own SaaS service. External factors beyond our service are naturally beyond our control.

8.3 Limitation of Liability
AI Power's total liability under these terms shall not exceed the amount the end customer has paid in the last twelve months.

8.4 Inverter Manufacturer's Responsibility
The inverter manufacturer is not responsible for the IntelliCharge service; this service is maintained solely by AI Power. The inverter manufacturer is responsible for providing an API and the necessary data to the IntelliCharge.AI service.

8.5 Termination Due to API Data Cessation
If the hardware manufacturer stops providing the API data to IntelliCharge.AI in the future, the service will not be able to control the inverter, and this agreement will automatically terminate.

9. Indemnification

9.1 You agree to indemnify AI Power and hold us harmless from any claims, damages, or legal actions resulting from your use of the Service or violation of these Terms.

10. Governing Law and Jurisdiction

10.1 These Terms are governed by the laws of Denmark, and you agree to submit to the jurisdiction of Danish courts for any disputes arising out of your use of the Service.

11. Changes to Terms and Conditions

11.1 AI Power reserves the right to modify these Terms at any time. Changes will be communicated, and your continued use of the Service constitutes acceptance of the modified Terms.

12. Miscellaneous

12.1 Entire Agreement: These Terms, together with any amendments and additional agreements you may enter into with AI Power, constitute the entire agreement regarding the Service.

12.2 Severability: If any part of these Terms is deemed unlawful or unenforceable, it will not affect the validity of the remaining provisions.

12.3 Waiver: No waiver by AI Power of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

12.4 Force Majeure: AI Power is not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

13. Data Protection and GDPR Compliance

13.1 Data Protection: AI Power is committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR).

13.2 Your Rights: You have rights under GDPR, including access to your data, rectification, erasure, and data portability. Contact our Data Protection Officer at info@aipower.dk for any requests or inquiries.

13.3 Data Processing: We process personal data as a data processor, based on instructions from you, the data controller. We ensure that any third parties engaged in the Service are GDPR compliant.

13.4 Data Transfer and Localization: All personal data collected and processed in connection with the Service is stored exclusively within the European Union (EU). We do not transfer or process any personal data outside of the EU.

13.5 Data Breach: In case of a data breach, we will take immediate action to mitigate any potential adverse effects and will notify the relevant authorities and you in accordance with GDPR requirements.

14. Notices

14.1 Notices: All notices must be in writing and addressed to AI Power ApS, Trekanten 16, 4200 Slagelse, Denmark.

15. Support and Contact

15.1 Support and Contact: For questions about these Terms or the Service, contact us at info@aipower.dk or +45 60666660.