- for the K2 Buddy software and app
(referred to collectively as the “Digital Services”) of K2 Systems GmbH (“K2”)
§1 Scope of application and contractual object
1.1. K2 Systems GmbH (“K2”) provides the end customer with digital services.
1.2. The use of the access-restricted digital services requires the prior registration of the user and activation of the access data.
1.3. The use of the digital services by the end customer is governed exclusively by these General Terms and Conditions of Use for Entrepreneurs (“TCU-C”) with general provisions for all services and special provisions for the individual services, which the end customer must agree to when creating an account. An appropriate contract regarding the use of the digital services (“licence agreement”) comes into force with the registration confirmation sent by e-mail by K2 after registration.
1.4. Our offer for the use of the digital services for the K2 Buddy is also intended for consumers as defined by §13 of the German Civil Code (BGB). These TCU-C apply exclusively to consumers as defined by §13 of the BGB.
Special provisions for K2 Buddy
I. K2 Buddy
1. K2 provides the end customer with software and an app for the display of individual snow load measurement data from the module(s) of the PV system of the respective end customer together with push messages and possible recommendations for action via the Internet under the name “K2 Buddy”.
2. The use of the K2 Buddy is free of charge for the end customer.
3. Special warnings and product information for the end customer are available at https://k2-systems.com/en/digital-services/k2-buddy/product-and-warning-notices-for-customers-end-customers/ and can be sent to you on request.
This information must be observed by the end customer. It is the responsibility of the end customer to observe the recommendations for action.
4. This product contains open-source software developed and licensed by third parties. A list of the open-source software used and the corresponding licence texts can be found in the software or in the app under “Licence”.
5. A user’s devices are associated with the company account, i.e. if the user leaves the company account, the projects that they created and the associated content remain in the company account and are not transferred. They no longer have permission to access or edit the projects that they created as a member of the company account. Administrators and other members of the company account will still have access to all the device data.
General provisions for K2 Buddy (referred to collectively as the “digital services”)
§2 Rights of use for the end customer and individual user accounts
2.1. The end customer is entitled to use the digital services for their own purposes, but not to allow third parties to use their own access to the digital services. If access to the digital services is required in accordance with the contract, we will grant the end customer a non-exclusive, non-transferable and non-sublicensable limited right to use the computer programs based on the digital services for the duration of this contract. The end customer has no entitlement to be provided with the program code, in particular the source code.
2.2. Every person with access to the digital services (user) requires their own user account (named user principle). Each user will conclude a contract for the use of the digital services in accordance with these TCU-C. The user must enter the requested information truthfully, particularly the contact details. The end customer and the user must prevent unauthorised access to the digital services by third parties. It is particularly important for the user account access details to be treated in confidence by the user, and not be made accessible to third parties.
2.3. We are entitled to use the user’s e-mail address stored in the user account for all announcements we make to the end customer or user as their representative. This e-mail address must be an e-mail address that relates to the user’s identity and must be created under the end customer’s e-mail domain.
2.4. End customers can manage their user data themselves. Amongst other things, this includes the name and contact detail.
§3 Control rights of K2 Systems GmbH
3.1. We are entitled to log and analyse all actions of a user for the purpose of data integrity, auditability regarding the provisions of these TCU-C and the design of our website in line with requirements.
3.2. If there is sufficient reason to suspect that a user has violated these TCU-C, we are entitled to block the relevant user account. The account can only be unblocked after the relevant suspicion has been refuted.
§4 Duration, amendment and termination of the contract
4.1. The contract for the free use of the digital services is of indefinite duration. The end customer has no entitlement to retain or continue these services.
4.2. The contract regarding the free use of our digital services can be terminated by the end customer or by us at any time by giving two weeks’ notice to the end of a calendar month.
4.3. The right of the contracting parties to terminate the contract for an important reason without adhering to a notice period remains unaffected.
4.4. Access to the digital services for the relevant user account will be withdrawn when the termination comes into effect.
4.5. We reserve the right to make an appropriate amendment to these TCU-C, particularly in order to fulfil new technical, economic or legal requirements or amendments to the services that we provide.
4.6. The end customer will be informed of the amendment by us and asked for their consent. If the end customer does not consent to the amendment, they will no longer be able to make use of the digital services we provide. In this case, both we and the end customer can terminate the contract for the use of the digital services without adhering to a notice period by referring to the rejection of the amendment to the TCU-C.
§5 Performance limits of the Internet
5.1. Data communication via the Internet may not be available without errors and/or at all times based on the current state of technology.
5.2. We cannot therefore be held responsible, particularly for the constant availability of the digital services, if interruptions are the result of a network infrastructure that we do not operate or appropriate maintenance work. We will announce scheduled maintenance work via the digital services website and will restrict unscheduled maintenance work to the absolute minimum.
§6 Limitation of warranty
6.1. No warranty is given for the provision free of charge of the digital services, irrespective of culpability on our part. The end customer therefore has no entitlement to the remedying of any defects in the free digital services, irrespective of culpability.
6.2. However, if the end customer notices any defects or possible improvements, we would be grateful for the relevant information and will endeavour to follow up on this.
§7 Limitation of liability
7.1. We only accept liability vis-à-vis the end customer for wilful or grossly negligent breaches of duty, irrespective of the legal reason.
7.2. In the case of gross negligence, the scope of liability is limited to the typical and foreseeable damage that was to be prevented by the breached duty.
7.3. The mandatory liability for death, bodily injury or damage to health in accordance with the Product Liability Act remains unaffected.
§8 Privacy policy
K2 processes personal data provided by the end customer in accordance with the provisions of the applicable data protection law. For more information about this and your rights as a data subject, please refer to our data protection notice, which is available on the website at:
Data protection notice K2 Buddy
Version 1.0 (Status: 19.12.2023)
