The General Terms and Conditions of aliunid AG apply to all services provided by the company.
Services
The services provided by aliunid AG (hereinafter referred to as “services”) comprise devices and services. The core is the provision of real-time data from the electricity grid, which is read from electricity meters using various technologies and interfaces, stored in private clouds and displayed in software applications for smartphones and web browsers.
Configuration, installation, commissioning
The installation will be carried out either by employees of aliunid AG or by authorised third parties. The customer has the following obligations to co-operate: Provision of the data and information described or requested in the measurement and integration concept or in advance of the installation; provision of internet connectivity and power connection at the measurement points; access to the systems; provision of technically competent personnel with decision-making powers (e.g. for project coordination, workshops, meetings of requirements and acceptance); provision of the necessary technical and organisational support; access to the systems; provision of technically competent personnel with decision-making powers (e.g. for project coordination, workshops, requirements meetings and acceptance); provision of specific hardware and software required for installation and commissioning, unless these are procured by aliunid AG; acceptance of the solution and notification of defects within 30 days of commissioning.
Payment
Licences for the real-time data portal and the measuring points are charged once a year. Hardware is invoiced when ordered or delivered. The payment deadline is 20 days after receipt of the invoice, unless otherwise stated. The customer is responsible for timely payment of the services utilised.
Duration and cancellation
The appointment of an aliunid solution leads to an open-ended collaboration. This can be cancelled with three months’ notice to the end of the year. Licence payments already received and payments for time-limited pilot projects will not be refunded. Delivered hardware becomes the property of the customer upon purchase and cannot be returned or refunded – with the exception of gross defects at the time of installation – due to its limited reusability without a comprehensive functional check.
Interruptions and maintenance
aliunid ensures high availability of the services. However, it cannot guarantee that the services will function without interruption or disruption. There may be brief interruptions for maintenance work and software updates, which do not constitute a defect.
Liability
aliunid AG is liable for culpably caused damage up to a maximum of the amount of the agreed remuneration. The burden of proof lies with the customer. Liability for damages resulting from data loss and data damage as well as indirect and consequential damages, including loss of use and loss of profit, is excluded. aliunid accepts no liability for damage to the devices caused by improper use. The statutory provisions that exclude a limitation of liability remain reserved.
Contractual utilisation
The customer is responsible for use in accordance with the contract. Any use other than that specified in the order or contract is not permitted, in particular opening the hardware or tampering with the hardware and software by the customer or third parties. The customer is responsible for insuring the devices.
Data protection
The privacy policy of aliunid AG is available at https://aliunid.com/en/data-privacy/.
Access data
The customer is responsible for the access data to the services of aliunid AG, in particular for login data and passwords. In his own interest, the customer must keep these in a safe place and not make them accessible to third parties.
Intellectual property
All software is protected by copyright. aliunid grants the customer a limited, non-exclusive, non-transferable, revocable and non-sublicensable licence for the exclusive use of the software for the services of aliunid AG for the duration of the contract. All rights to the software remain fully with aliunid. The customer may not modify, adapt, translate, reconstruct by means of reverse engineering, decompile, disassemble or create a work derived from the software licensed by aliunid. The customer may not reproduce the software or allow the software to be accessed via a forum on a public computer or via distribution by means of “shareware”. aliunid may withdraw the licence at any time if the customer breaches this provision. The customer is liable for violations of the licence terms and corresponding claims by third parties. If aliunid is sued, the customer shall indemnify aliunid against any third-party claims. The firmware integrated in the product may contain third-party software components protected by copyright.
Changes
aliunid reserves the right to amend the General Terms and Conditions at any time. aliunid will notify the customer of any changes in an appropriate manner (e.g. by e-mail or newsletter). In the event of changes that are significantly detrimental to the customer, the service can be cancelled until the change comes into effect. If this is not done, the changes are deemed to have been accepted.
Place of jurisdiction and applicable law
The services of aliunid AG are provided under Swiss law. The place of jurisdiction is Aarau.
Brugg, 8.2.2024