Terms and Conditions

Last updated: January 2026

1. Scope

These Terms and Conditions (hereinafter "Terms") apply to all contracts between EnergyInMind GmbH (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the use of AgriPVx software and related services.

2. Subject of Contract

2.1 Service Description

AgriPVx is a web-based software solution for controlling solar trackers in agrivoltaics. The software enables:

• Control and monitoring of solar trackers
• Activation of farming modes for agricultural work
• Wind warnings and notifications via SMS
• Access via various devices (smartphone, tablet, desktop)

2.2 System Requirements

A current web browser with internet connection is required to use AgriPVx. The Customer is responsible for providing the necessary hardware and internet connection.

3. Contract Conclusion

The contract is concluded by written confirmation from the Provider following the Customer's request. The request can be made via the contact form on the website or by email.

4. Usage Rights

4.1 Granting

The Provider grants the Customer a simple, non-transferable right to use the software for the duration of the contract within the contractually agreed scope.

4.2 Restrictions

The Customer is not entitled to:

• Copy, modify, or create derivative works from the software
• Sell, rent, or sublicense the software
• Decompile or reverse engineer the software
• Use the software for illegal purposes

5. Customer Obligations

5.1 Access Credentials

The Customer is obligated to keep access credentials secret and protect them from third-party access. In case of suspected misuse, the Provider must be informed immediately.

5.2 Proper Use

The Customer agrees to use the software only for its intended purpose and in accordance with these Terms.

6. Payment

6.1 Prices

Payment for the use of the software is based on the current price list or individual agreement. All prices are exclusive of statutory VAT.

6.2 Payment Terms

Invoices are payable within 14 days of invoicing without deduction, unless otherwise agreed.

7. Warranty and Liability

7.1 Availability

The Provider strives for high availability of the software. 100% availability cannot be technically guaranteed. Planned maintenance work will be announced if possible.

7.2 Limitation of Liability

The Provider is fully liable for intent and gross negligence as well as for injury to life, body, or health. Otherwise, liability is limited to foreseeable, contract-typical damages.

The Provider is not liable for damages caused by improper operation, force majeure, or actions of third parties.

8. Data Protection

The collection and processing of personal data is carried out in accordance with our Privacy Policy and applicable data protection laws, particularly the GDPR.Privacy Policy.

9. Contract Duration and Termination

9.1 Duration

The contract duration is individually agreed. Unless otherwise agreed, the minimum contract term is 12 months.

9.2 Termination

The contract can be terminated by either party with a notice period of 3 months to the end of the contract term. Termination must be in writing.

9.3 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected.

10. Final Provisions

10.1 Amendments to Terms

The Provider reserves the right to amend these Terms. Changes will be communicated to the Customer at least 4 weeks before coming into effect. If the Customer does not object within 2 weeks of receiving the notification, the amended Terms are deemed accepted.

10.2 Applicable Law

Austrian law applies, excluding UN sales law.

10.3 Jurisdiction

The place of jurisdiction for all disputes arising from this contract is the registered office of the Provider in Austria.

10.4 Severability Clause

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

11. Contact