Terms of Service

1. Scope and Contracting Party

(1) These General Terms and Conditions (hereinafter "Terms") govern the use of the web-based software platform PV-GlareCheck (hereinafter "Service" or "Platform"), accessible at https://pv-glarecheck.com, operated by PV-SimLab GmbH (in formation), Elbstraße 88/1, 22880 Wedel, Germany (hereinafter "Provider").

(2) The Service is intended for businesses, freelancers, and commercial users (hereinafter "User" or "Customer"). Use of the Service requires the User to be of legal age.

(3) Geographic Restriction: Use of the Service from the United States of America (USA) or by individuals and companies domiciled in the USA is not permitted. By registering, the User confirms that they are not located in and do not have their domicile in the USA.

(4) Conflicting or deviating terms of the User shall not become part of the agreement unless the Provider expressly consents in writing.

2. Description of Services

(1) PV-GlareCheck is a web-based software for the analysis and assessment of potential glare effects from sunlight on photovoltaic installations. The Service enables Users to conduct glare analyses and generate reports.

(2) The results of glare analyses are based on mathematical models and simulations. The Provider makes no warranty regarding the accuracy, completeness, or suitability of the results for any particular purpose. The results expressly do not constitute legally binding expert opinions and do not replace professional advice from qualified experts.

(3) The Provider reserves the right to expand, restrict, or modify the functionality of the Platform at any time, provided that the essential usability of the Service is not unreasonably impaired.

3. Registration and User Account

(1) Use of the Service requires the creation of a user account. The User is obliged to provide truthful and complete information during registration and to keep such information up to date.

(2) Access credentials must be kept confidential and must not be shared with third parties. The User is liable for all activities conducted through their user account.

(3) The Provider reserves the right to suspend or delete user accounts without prior notice in the event of a violation of these Terms or suspicion of misuse.

4. Token System and Payment

(1) The use of certain features requires tokens that can be purchased through the Platform. The type, scope, and prices of tokens are set out in the current price list on the Platform.

(2) Purchased tokens are non-transferable, non-refundable, and not exchangeable for cash, unless mandatory statutory provisions provide otherwise.

(3) The Provider reserves the right to adjust prices and token packages with effect for the future. Tokens already purchased remain unaffected by price changes.

5. Intellectual Property and Usage Rights

(1) All rights to the Platform, including software, algorithms, design, text, graphics, and other content, remain with the Provider or its licensors.

(2) The User is granted a simple, non-transferable, non-sublicensable right to use the Platform for its intended purpose for the duration of the contractual relationship.

(3) The following is prohibited:
a) copying, decompiling, reverse-engineering, or creating derivative works from the Platform or parts thereof;
b) making the Platform available to third parties, whether for a fee or free of charge;
c) conducting automated access (scraping, bots) to the Platform;
d) circumventing or manipulating security mechanisms of the Platform.

(4) The User retains all rights to project data created and content uploaded by the User. The Provider receives a simple right of use for the purpose of providing the Service.

6. Warranty, Liability and Limitation of Liability

(1) Purpose of results / preliminary screening only, not an expert opinion: The glare analyses, simulations and reports generated by the Service are solely a software-based, model-driven preliminary screening for rough orientation. They expressly do not constitute a glare report, an expert opinion or any technical or legally binding assessment and are not intended to serve as the direct basis for permitting, planning, investment or other decisions with external effect. Any use of the results mandatorily requires an independent expert review and counter-check by the User’s suitably qualified experts; the User bears sole responsibility for the evaluation, interpretation and use of the results. Subject to mandatory statutory provisions and the liability rules in paragraph 3, no warranty whatsoever is given for the correctness, completeness or fitness of the results for a particular purpose. Use of the Service and of the results is — subject to the mandatory liability under paragraph 3(a) and (b) and under the Product Liability Act — at the User’s own risk.

(2) Warranty: Statutory provisions apply to the quality of the software unless otherwise stipulated below. The Provider does not warrant that the software meets the User’s individual requirements or operates without interruption or error.

(2a) User’s duties to cooperate and verify; model basis:
a) The User is obliged, before any use, to have all results generated by the Service independently reviewed, recalculated and validated by qualified experts for plausibility and suitability for the specific case. Use of unverified results is entirely at the User’s own risk.
b) If the User detects irregularities, anomalies or implausible results, or has reasonable grounds to suspect such, the User must not use the results and must contact the Provider’s support without undue delay.
c) The User acknowledges that the simulation is based on a simplified physical model which in particular assumes ideal directed (specular) reflection (angle of incidence equals angle of reflection). Real photovoltaic modules may exhibit deviating reflection behaviour. It is incumbent on the User to verify on their own responsibility, before using the results, whether the modules used in the specific project sufficiently follow this model behaviour (e.g. by comparison with manufacturer or measured BRDF / reflection data). Insofar as the modules used do not sufficiently follow the model, the results are not or only of limited significance.
d) If the User breaches the foregoing verification and cooperation duties, this may be taken into account to reduce or exclude claims within the scope of § 254 of the German Civil Code (contributory fault). Mandatory liability under paragraph 3(a) and (b) and under the Product Liability Act remains unaffected.

(3) Liability: The Provider’s liability for damages — on whatever legal ground — is governed as follows:
a) For damages arising from injury to life, body or health based on an intentional or negligent breach of duty by the Provider or its legal representatives or vicarious agents, the Provider is liable without limit.
b) For other damages, the Provider is liable without limit in cases of intent and gross negligence and for the absence of a guaranteed quality.
c) In the case of simple negligence, the Provider is only liable for the breach of a material contractual obligation (cardinal obligation — an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the User may regularly rely); in this case liability is limited to the foreseeable, contract-typical damage at the time of conclusion of the contract, but at most to the amount paid by the User in connection with the relevant order, in any case capped at a maximum of EUR 500.
d) Any further liability is excluded.

(4) Indirect damages: Within the liability under paragraph 3, the Provider is liable for lost profits, data loss, business interruption and other indirect damages only insofar as these qualify as foreseeable, contract-typical damage within the meaning of paragraph 3(c) or a case of paragraph 3(a) or (b) applies. Otherwise liability for such damages is excluded.

(5) Availability: The Provider does not owe uninterrupted availability of the Service. Maintenance, technical failures or force majeure may cause temporary restrictions. Liability for damages from unavailability is governed by paragraph 3.

(6) Mandatory liability: Liability under the German Product Liability Act as well as any liability arising from the assumption of a guarantee or from fraudulently concealed defects remains unaffected.

(7) The above limitations of liability also apply in favour of the Provider’s legal representatives, employees and vicarious agents.

(8) Limitation period: The User’s claims for damages become time-barred twelve months after the statutory commencement of the limitation period. This does not apply to claims under paragraph 3(a) and (b), under the Product Liability Act, or for fraudulently concealed defects; in those cases the statutory limitation periods apply.

7. Indemnification

(1) The User shall indemnify and hold harmless the Provider from and against all third-party claims arising from the User’s unlawful use of the Service or any violation of these Terms. This includes reasonable costs of legal defense.

(2) The User is obliged to immediately inform the Provider of any third-party claims and to assist in the defense of such claims.

8. Data Protection

(1) The Provider processes personal data of the User in accordance with applicable data protection laws, in particular the GDPR.

(2) Details regarding data processing can be found in the Privacy Policy at pv-glarecheck.com/privacy.

9. Term and Termination

(1) The usage agreement is concluded for an indefinite period and may be terminated by either party at any time without cause.

(2) The User may delete their account at any time through the account functions.

(3) The Provider may terminate the agreement without notice for good cause, in particular in the event of a violation of these Terms or applicable law.

(4) Upon termination of the contractual relationship, all usage rights shall expire. The User is solely responsible for backing up their data before the end of the contract. Unused tokens expire without compensation upon termination.

10. Amendments to These Terms

(1) The Provider is entitled to amend these Terms with effect for the future, insofar as this is reasonable for the User, taking into account the interests of the Provider.

(2) The User will be informed of any changes in a timely manner. The amended Terms will be presented to the User for renewed acceptance upon the next use of the Platform.

(3) If the User objects to the amended Terms, the Provider is entitled to terminate the contractual relationship.

11. Final Provisions

(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from or in connection with these Terms shall be — to the extent permitted by law — the registered office of the Provider (Wedel, Germany).

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision.

(4) No side agreements to these Terms exist. Amendments and additions require text form.

(5) The European Commission provides a platform for online dispute resolution: ec.europa.eu/consumers/odr. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Effective: 18 May 2026 | Version 1.4