- 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 the “Digital Services”) of K2 Systems GmbH (“K2”)
§1 Scope of application and contractual object
1.1. K2 Systems GmbH (“K2”) provides the 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 customer is governed exclusively by these General Terms and Conditions of Use for Entrepreneurs (“TCU-E”) with general provisions for all services and special provisions for the individual services, which the 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 listed above for the use of the digital services is exclusively intended for entrepreneurs as defined by §14 of the German Civil Code (BGB). Consumers as defined by §13 of the BGB are not covered by these TCU-E. The 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 by §13 of the BGB. Use for training purposes is permitted, but commercial use and practical implementation of the results of such use are excluded.
Special provisions for
I. K2 Base
1. K2 provides the customer with the “K2 Base” software via the Internet for the technical design of the solar technology mounting systems supplied by K2.
2. The use of K2 Base is free of charge for the customer.
3. Technical and professional requirements at the customer’s site
3.1. A computer with Internet access and the usual equipment, such as a web browser, is a technical requirement for the use of K2 Base at the customer’s site. The customer simply retrieves or enters data via a web browser and obtains access to the results based on this (software as a service).
3.2. The K2 Base computer programs in the background, the server capacity required to use the software and the necessary storage space for data are provided by us, a data centre commissioned by us or in a cloud infrastructure.
3.3. The customer’s access to the Internet is not the subject of this contractual relationship. The customer has sole responsibility for the proper functioning of their Internet access, including the transmission channels and fees as well as their computer systems. The customer is responsible for the regular backup of design plans created with K2 Base and the use of 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 technology and appropriate knowledge of roof construction at the customer’s site.
The data requested in K2 Base must be determined and entered correctly by the customer. Wind and snow loads must be verified. The 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 check the plausibility of the results provided. The results provided relate exclusively to the structural analysis of the mounting system. The building statics are not a constituent of the K2 Base calculation.
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 the additional loads that are applied. In cases of doubt, a structural engineer should 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. These are available at 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 rules with the version used in the software, upon which the calculation is 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 rules are applicable and up to date. We take into account the Eurocodes, i.e. the pan-European harmonised rules for the design method in the building sector, including the national annexes as well as national building regulations. We endeavour to ensure that the relevant Eurocodes are kept up to date by means of updates. However, we must point out that a certain amount of time is always required after the publication of new rules in order to implement them in the software, which is why there is no entitlement to receive the appropriate updates, and the designated version of the underlying rules in the program must be observed by the customer. The rules are applied on the basis of the specified location. The selected language has no influence on the rules which are applied.
4. Rights of use for the customer and individual user accounts
Changes that are not intended by the program must not be made to the presentation of the results, including the bill of materials in K2 Base – whether in digital or printed form. In particular, it is not permitted to 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, 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 the projects that have been created.
II. K2 Docu
1. K2 provides the customer with an app for documenting PV systems which have been constructed with mounting systems for solar technology provided by K2 via the Internet 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 except for the use of the documentation function.
3. The customer is liable to pay a charge for the use of the documentation function. In this respect, the customer can enter into a separate contract within the app for the chargeable service. The charge obligations and the associated details are expressly pointed out when this separate contract is concluded.
4. A user’s projects 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 the projects that have been created.
III. K2 Buddy
1. K2 provides the customer and 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. Use of the 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.
This information must be observed by the customer or installer as well as the end customer. The customer or installer must again 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. 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 Base, K2 SSO, K2 Docu and K2 Buddy (referred to collectively as the “digital services”)
§2 Rights of use for the customer and individual user accounts
2.1. 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 respective project in unmodified form. If access to the digital services is required in accordance with the contract, we will grant the 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 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 must conclude a contract concerning the use of the digital services in accordance with these TCU-E for the customer whose company they are working in. The user must enter the requested information truthfully, particularly the customer’s company and contact details. The user is the customer’s representative in this matter. If the user operates independently, i.e. without representative power for the customer, they must conclude the licence agreement in their own name and must fulfil all customer obligations. In this case, however, we are entitled to terminate the licence agreement without notice.
2.3. The 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, even within the customer’s own company. The user must neither allow third parties within their own customer’s company nor outside the company to access the digital services.
2.4. The customer is responsible for ensuring that all users working for their company comply with these TCU-E.
2.5. If the user leaves the customer’s company, they must terminate the relevant licence agreement for their user account. Another person may also terminate the licence agreement for a user account on behalf of the customer at any time or request that we immediately block the user account in accordance with section 4.2. We are entitled to implement the termination or request provided that the corresponding authority of the other person to represent has been plausibly demonstrated.
2.6. We are entitled to use the user’s e-mail address stored in the user account for all announcements we give to the 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 customer’s e-mail domain.
2.7. Customers can manage their company data themselves in MyK2. This includes the company name, address, contact data and employees, amongst other things. Administrators of a company maintain these independently and autonomously, in particular the employee list. 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 that have been created on behalf of their company.
§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-E 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-E, 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 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 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-E, particularly in order to fulfil new technical, economic or legal requirements or amendments to the services that we provide.
4.6. The customer will be informed of the amendment by us and asked for their consent. If the customer does not agree 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 customer can terminate the contract regarding the use of the digital services without adhering to a notice period by referring to the rejection of the amendment to the TCU-E.
§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 customer therefore has no entitlement to the remedying of any defects in the free-of-charge digital services, irrespective of culpability.
6.2. However, if the 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 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.
7.4. The customer must indemnify us from claims made directly against us by third parties due to the breach of duties associated with our services in accordance with the licence agreement with the customer, insofar as we would not be liable vis-à-vis the customer in accordance with the liability criterion described above in sections 7.1 to 7.3.
§8 Privacy policy
K2 processes personal data provided by the 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 notices, which are available on the website at:
Data protection notice K2 Base
Data protection notice K2 Docu
Data protection notice K2 SSO
Data protection notice K2 Buddy
§9 Final provisions
9.1. All legal issues arising from and in connection with these TCU-E are governed by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law particularly also extends to claims arising from unlawful acts (criminal offences) which are closely associated with this contract.
9.2. The exclusive place of jurisdiction for all disputes arising from and in connection with the licence agreement is Stuttgart (Germany), provided that the customer is a business person, a legal entity under public law or a special asset under public law, or is treated as such or if their place of business or office is in a foreign country. We are also entitled to take legal action at the customer’s place of business and at any other permissible place of jurisdiction.
Version 2.0 (Status: 30.11.2023)
