- for MyK2 (the single sign-on authentication service “K2 SSO”)
- for K2 Digital Solutions
- for the K2 Base design software (“K2 Base”)
- for the K2 Docu app (“K2 Docu”)
- for the K2 Buddy software and app
(referred to collectively as “Digital Services”) of K2 Systems GmbH (“K2”)
Clause 1: Scope of application and purpose of this Contract
1.1. K2 Systems GmbH (“K2”) provides the Customer with Digital Services.
1.2. The use of the access-restricted Digital Services requires prior registration of the user and verification of their access data.
1.3. The use of Digital Services by the Customer is governed exclusively by these General Terms and Conditions of Use for Businesses (“TCU-B”) with general provisions for all services and special provisions for each service, to which the Customer must agree when creating an account. A corresponding contract regarding the use of the Digital Services (“Licence Agreement”) comes into force when confirmation of registration is e-mailed by K2 after registration.
1.4. Our above-mentioned offer for the use of Digital Services is intended exclusively for businesses (“traders”) as defined in Section 14 of the German Civil Code (BGB). Consumers as defined in Section 13 BGB are not covered by these TCU-B. K2 Buddy, which can also be used by end customers, is an exception to this. Please refer to our General Terms and Conditions of Use for Consumers (TCU-C) in this respect for consumers as defined in Section 13 BGB. Use for training purposes is permitted, but commercial use and practical implementation of the results of such use are prohibited.
Special provisions for
I. K2 Base
- K2 provides the Customer with the “K2 Base” software via the internet for the technical configuration of the mounting systems supplied by K2 for solar energy installations.
- The use of K2 Base is free of charge for the Customer.
- Technical and specialist requirements on the Customer’s premises.
3.1. The use of K2 Base requires a computer with internet access and standard equipment, including in particular a web browser, on the Customer’s premises. The Customer merely retrieves or enters data via a web browser and gains access to the results generated on this basis (Software as a Service).
3.2. The computer programs underlying K2 Base, the server capacity required to use the software and the necessary storage space for data are provided by us or by a data centre commissioned by us or as part of a cloud infrastructure.
3.3. The Customer’s internet access is not part of this contractual relationship. The Customer has sole responsibility for the proper functioning of their internet access, including transmission channels and fees as well as their own computer systems. The Customer is responsible for regular backups of configuration plans created with K2 Base and for using a state-of-the-art virus scanner and firewall in their systems.
3.4. The correct use of K2 Base requires expertise in the use of mounting systems for solar energy installations and appropriate knowledge of roof construction on the Customer’s premises. The data requested in K2 Base must be determined and entered correctly by the Customer. Wind and snow loads must be verified. Project parameters must correspond exactly to the conditions on site. This is the responsibility of the Customer. Technically qualified specialists must be consulted in case of doubt. The Customer must verify the plausibility of the results provided. The results provided relate exclusively to the structural analysis of the mounting system. Structural analysis of the building is not included in the K2 Base calculations. The Customer is responsible not only for the system but also for the roof on which the system is installed. The connection of the mounting system to the roof covering must be checked on site to verify its suitability for any additional loads that occur. In cases of doubt, a structural engineer must be consulted to determine the load and the removal thereof. It is particularly important to note that the PV system generates point loads, which must be supported by the building and its roof. Our general assembly requirements and assembly instructions must be strictly observed. They can be viewed at https://k2-systems.com/en/knowledge-training/download-library/ and can be sent to you on request. The Customer must also observe the specifications of the module manufacturer and all statutory provisions, including the applicable accident prevention and occupational safety regulations.
3.5. The description of the technical standards with the version used in the software, upon which calculations are based, can be viewed in the “Summary” project step in the report under “Results – Notes” in K2 Base. The Customer is responsible for checking that these standards are applicable and up to date. We also apply the Eurocodes, i.e. harmonised European standards for structural design methods in the construction industry, including national annexes and national building regulations. We endeavour to ensure that the relevant Eurocodes are kept up to date by means of updates. However, please note that a certain amount of time is always required after the publication of new standards to implement them in the software. As such, customers are not entitled to updates, and the designated version of the underlying standards in the program must be observed by the Customer at all times. The standards are applied on the basis of the specified location. The selected language has no influence on the standards which are applied.
4. User rights of the Customer and individual user accounts
No changes must be made to the presentation of the results, including the bill of materials in K2 Base – whether in digital or printed form – that are not intended by the program. In particular, the Customer must not remove or replace the K2 logo in the presentation of the results, whether in digital or printed form. When the presentation of results is passed on to third parties, in particular to the end customer, a source reference must always be made to base.k2-systems.com.
5. A user’s projects are associated with the company account, i.e. if the user leaves the company account, any user-created projects and associated content remain in the company account and are not transferred. The user then no longer has 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 the projects that were created.
6. K2 also enables users to share projects with persons outside their own organisation. However, invited persons outside the organisation must only be granted permission to access projects if they are also registered as software users. The selection and authorisation of external users is entirely within the responsibility of the user issuing the invitation. K2 bears no liability for the accuracy of the e-mail address or for misuse of access data by third parties. It is the user’s responsibility to ensure compliance with data protection regulations whenever sending an invitation to and sharing data with external users. K2 merely provides the technical requirements for the invitation, but assumes no responsibility for data security or data protection during transmission to and use by users. When sharing projects and data with external users, the user must comply with data protection regulations, especially the applicable provisions of the General Data Protection Regulation (GDPR). K2 bears no liability for violations of data protection regulations caused by data transmission or by external users accessing the system. If required for security or legal reasons, K2 reserves the right to restrict or disable external user access and to restrict or disable the option of inviting users.
7. Use of interfaces to and from external software solutions and data transmission functions
7.1 Base enables the connection to other programs for the purpose of data exchange. This includes the option of importing data from external planning software into Base, as well as exporting data from Base to external systems. K2 assumes no guarantee or liability for the accuracy, security or completeness of data transferred via the interfaces. It is the user’s own responsibility to check any data that has been transmitted. Neither does K2 bear any liability for data loss or damage resulting from improper use of the interfaces. The user undertakes to comply with all applicable data protection and security regulations when using the interfaces and to ensure that no third-party rights are violated.
7.2 In addition, Base also provides the option of uploading images. It is the user’s responsibility to ensure that uploaded content does not violate third-party rights, such as copyrights and privacy rights. K2 assumes no liability for the correctness or legitimacy of uploaded content. It is the user’s responsibility to ensure that uploaded files do not contain malware or other security hazards. The provider reserves the right to check uploaded content and to delete any content that violates these terms.
7.3 Base also provides an API enabling users to send project data to external tools for further processing. The provider bears no liability for errors, data loss or damage resulting from the use of the API or from external applications. When using the API, the user is responsible for ensuring that all legal data protection and security regulations are observed. The API must only be used as detailed in the documentation provided and as specified by the provider. Any unauthorised manipulation of the API’s mode of operation is hereby expressly prohibited.
7.4 At the end of the project planning in K2 Base, the user or Customer has the opportunity to transfer the list of items to the shopping cart of the online shops of our wholesale partners at the touch of a button. Before placing a binding order, the Customer must check whether the list of items placed in the shopping cart is identical in content to the list previously generated by K2 Base. It is entirely within the Customer’s responsibility to decide which items should be placed in the shopping cart and then be bindingly ordered.
II. K2 Docu
1. K2 provides the Customer with an app for documenting PV systems built with mounting systems for solar energy installations supplied by K2, available online and as a mobile application in the relevant app stores under the name “K2 Docu”.
2. The use of K2 Docu is free of charge for the Customer.
3. A user’s projects are associated with the company account, i.e. if the user leaves the company account, any user-created projects and associated content remain in the company account and are not transferred. The user then no longer has 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 the projects that were created.
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”.
III. K2 Buddy
1. K2 provides the Customer and end customer with software and an app for displaying individual snow load measurement data from the module(s) of the PV system of the relevant end customer, along with push notifications and potential recommendations for action, via the internet under the name “K2 Buddy”.
2. Use of K2 Buddy is free of charge for both the Customer and the end customer.
3. Special warnings and product information for the Customer and 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.
These notes must be observed by the Customer, installer and end customer. The Customer or installer must also inform the end customer separately of the above-mentioned warnings and product information. It is the responsibility of the Customer or 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. The user no longer has 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 Base, K2 SSO, K2 Docu and K2 Buddy (referred to collectively as “Digital Services”)
Clause 2: Rights of use for the Customer and individual user accounts
2.1 Scope and extent of rights of use
The MyK2 user account enables the user to log into various K2 Digital Services (K2 Base, DocuApp, Product Catalogue, K2 Buddy – hereinafter referred to as “Services”) without having to sign up again by creating a user ID and entering the personal details already stored in the MyK2 user account.
We are entitled to use the user’s email address stored in the user account for all communications which we, as their representative, send to the Customer or user. This e-mail address must be an e-mail address that relates to the user’s identity and must be created under the Customer’s e-mail domain.
The Customer is entitled to use the Digital Services for their own business purposes but not to allow third parties to use their own access to the Digital Services. However, the Customer may pass on the results of the Digital Services to the end customer of the relevant project in unmodified form. The user is granted the right, limited to the duration of the Contract, to use the programs required for accessing the Digital Services. This right of use is non-exclusive and must not be transferred or sublicensed. The Customer is not entitled to receive the program code, in particular the source code.
2.2 Creation and administration of individual user accounts
By completing and sending the registration form via the website, the user requests the conclusion of a contract for the use of a MyK2 user account. To do this, the user must enter a valid e-mail address as the username and create a password (jointly referred to as the user ID). Alternatively, if available, they may register via a social media login, for which the user must agree to the transfer of their registration details from the social media network to the provider.
Once registered, the user will receive a confirmation link, which they must use to verify their e-mail address. Optional personal details can be added after confirmation. The user ID is required to use the MyK2 administration page.
To access Digital Services, the user must either create a company profile or join an existing company profile.
2.3 Responsibilities and administration of user accounts
Each user requires their own user account (principle of named users) and, when setting up their account, they conclude a contract for the use of Digital Services in accordance with these TCU-B on behalf of the Customer for whose company they work. The user must enter the requested information truthfully, particularly the Customer’s company and contact details.
Customers can manage their own data on the administration page of their MyK2 user account. This includes the company name, address, contact details and associated user profiles (hereinafter: Employees). Administrators of a company maintain these independently and autonomously, in particular the List of Employees. If an Employee is removed from a company by an administrator, their account is set to “private” status. As a result, they no longer have access to projects created on behalf of their company.
If a user leaves the Customer’s company, they must terminate the relevant licence agreement for their user account. If the e-mail address of the former user belongs to the Customer, the Customer is entitled to terminate the user agreement for the relevant user account at any time in accordance with Clause 4.2, or to request the immediate blocking of the user account with us. We are entitled to implement the termination or request, provided that the relevant proof of representative authority has been credibly presented.
2.4 User’s and Customer’s responsibilities
The Customer and user shall prevent any unauthorised third-party access to the Digital Services. In particular, the user shall treat user account access data as confidential and shall not disclose this data to third parties, not even to anyone within the Customer’s company. The user must not give access to the Digital Services to third parties within their own Customer’s company or to anyone outside the company.
The Customer is responsible for ensuring that all users working for their company comply with these TCU-B.
Should a user act without the representative authority of the Customer, they enter into the Contract in their own name and bear all the Customer’s obligations. In such a case we reserve the right to terminate the Contract without notice.
Clause 3: Monitoring rights of K2 Systems GmbH
3.1. We may log and analyse all user activities for the purpose of ensuring data security, ensuring compliance with the provisions of these TCU-B and optimising the needs-based development of our offerings.
3.2. If there is sufficient reason to suspect that a user has violated these TCU-B, we are entitled to block their user account. The account can only be unblocked after the said suspicion has been cleared up.
Clause 4: Contractual term, amendments and cancellation
4.1. This Contract on the free use of our Digital Services is of indefinite duration. The Customer is not entitled to retain or continue these services.
4.2. This Contract on the free use of our Digital Services may be terminated by the Customer or by us at any time by giving two weeks’ notice to the end of a calendar month.
4.3. These provisions do not affect the contracting parties’ right to terminate the Contract for good cause without notice.
4.4. As soon as a cancellation becomes effective, all access to the Digital Services will be cancelled for the relevant user account.
4.5. We reserve the right to make reasonable amendments to these TCU-B, particularly to address new technical, economic or legal requirements, or to accommodate changes in the services we offer.
4.6. The Customer will be informed of such amendments by us and asked for their consent. If the Customer does not consent to the amendment, they will no longer be able to make use of the Digital Services we provide. In such a case, both we and the Customer may terminate the Contract on the use of Digital Services without notice by referring to the rejection of the TCU-B amendment.
Clause 5: Internet performance limits
5.1. Under the current state of technology, data communication via the internet may not always be error-free and/or available at all times.
5.2. Therefore, we cannot be held responsible for the continuous availability of the Digital Services, particularly if disruptions are caused by network infrastructure not operated by us or by reasonable maintenance work.
We will announce scheduled maintenance work via on Digital Services websites and will limit unscheduled maintenance to the absolute minimum.
Clause 6: Limitation of warranty
6.1. We do not offer any warranty for the free provision of Digital Services, irrespective of any fault on our part. Therefore, the Customer has no claim, regardless of fault, to the rectification of any defects in the Digital Services provided free of charge.
6.2. However, if the Customer notices any defects or potential improvements, we would be grateful for the relevant information and will endeavour to address the matter.
Clause 7: Limitation of liability
7.1. We accept liability towards the Customer only for wilful or grossly negligent breaches of duty, regardless of the legal basis.
7.2. In the case of gross negligence, our liability is limited to the typical and foreseeable damage that the breached duty was intended to prevent.
7.3. These provisions do not affect mandatory liability for death, physical injury or damage to health under the German Product Liability Act (Produkthaftungsgesetz).
7.4. The Customer shall indemnify us against claims made directly by third parties for a breach of duties related to our services under the licence agreement with the Customer in instances where we would not be liable to the Customer under the liability provisions of Clauses 7.1 to 7.3.
Clause 8: Privacy policy
K2 processes the Customer’s personal data in accordance with the provisions of the applicable data protection law. For further details and your rights as a data subject, please refer to our data protection information, available on our website at:
K2 Base Data Protection Notice
K2 Docu Data Protection Notice
K2 SSO Data Protection Notice
K2 Buddy Data Protection Notice
Clause 9: Final provisions
9.1. All legal issues arising from or in connection with these TCU-B are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law particularly also applies to claims arising from unlawful acts (criminal offences) closely related to this Contract.
9.2. The exclusive place of jurisdiction for all disputes arising from or in connection with the licence agreement is Stuttgart (Germany), provided the Customer is a merchant, a legal entity under public law, or a special fund under public law, or is treated as such, or has its registered office or place of business outside Germany. We are also entitled to take legal action at the Customer’s place of business and at any other permissible place of jurisdiction.
Version 3.0 (dated: 29 April 2025)
