These regulations define the rules for the provision of services electronically via the SCANTHESUN mobile application available online via Google Play, in particular the rules for access and use of the application, the types and scope of services provided, the terms of service provision, including payment, as well as the complaint procedure.
The current content of the regulations is valid from December 7, 2023.
1. MOBILE APPLICATION
1.1. The SCANTHESUN mobile application available online via Google Play was created and administered by ScanTheSun Sp. z o. o. with its registered office in Lublin at ul. Tomasza Zana 11A, 20-601 Lublin, entered into the register of entrepreneurs of the National Court Register kept by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, 6th Commercial Division of the National Court Register under KRS number 0000824707; with REGON number: 385347828 and NIP: 7123398156, with a share capital of PLN 5,550 (in words: five thousand five hundred and fifty zlotys).
1.2. If you have any questions related to the application, please contact ScanTheSun sp. z o. o. electronically at the following e-mail address: contact@scanthesun.com or by sending a letter to the following address: ul. Tomasza Zana 11A, 20-601 Lublin.
2. DEFINITIONS
2.1. Application – software called ScanTheSun made available to Guests and Users via Google Play, intended for installation in the memory of a Mobile Device, the creator, owner and administrator of which is ScanTheSun, used mainly to create photovoltaic installation projects.
2.2. Google Play – software called: Play Store, created by Google Ireland Limited with its registered office at Gordon House, Barrow Street , Dublin 4, Ireland, intended for Mobile Devices with the Android system, enabling the use of the Google Play online store via a Mobile Device .
2.3. Guest – a natural person using the Application who does not have an Account or is not logged in to it.
2.4. Account – the User’s account in the Application, which collects data provided by the User and about the Projects created by him, as well as other information related to the use of the Application.
2.5. Business Account – An account used for purposes related to running a business by the User.
2.6. Private Account – Account used for purposes unrelated to running a business by the User.
2.7. Design – a design of a photovoltaic installation prepared by the Application based on data entered by the User.
2.8. Regulations – these regulations.
2.9. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( OJ UE .L No. 119, page 1).
2/10. ScanTheSun – ScanTheSun Sp. z o. o. with its registered office in Lublin at ul. Tomasza Zana 11A, 20-601 Lublin, entered into the register of entrepreneurs of the National Court Register kept by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, 6th Commercial Division of the National Court Register under KRS number 0000824707; with REGON number: 385347828 and NIP: 7123398156, with a share capital of PLN 5,550 (in words: five thousand five hundred and fifty zlotys).
2/11. Force majeure – a sudden external event, unforeseeable and independent of the will of the parties, which occurred after the conclusion of the Agreement, making it impossible to perform the Agreement in whole or in part, permanently or for a certain period of time, which cannot be prevented or counteracted with due diligence of the parties, in particular accident, fire, flooding, flood, strike, martial law, state of emergency, pandemic.
2/12. Mobile device – a device enabling the use of the Application and data transmission services, in particular a mobile phone or tablet, operating based on the Android operating system.
2/13. User – a natural person with full legal capacity, who is over 18 years of age, a legal person or an organizational unit without legal personality but with legal capacity, using the Application after logging in to their Account.
2/14. Business User – User with a Business Account.
2.15. Private User – User with a Private Account.
3. TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY
3.1. The purpose of the Application is to enable Users to carry out photovoltaic installation projects on a mobile device in the fastest possible way, from those available on the market, allowing for greater energy yield thanks to the most optimal arrangement of panels. The application allows you to create a project without going to the roof, taking into account the shading (trees, surrounding buildings, chimneys), which is adapted in terms of the number of panels as well as their positioning to the specific installation site, which significantly changes the payback time of the investment in the photovoltaic installation. Using the Application, you can generate a detailed forecast report of the energy yield from the designed installation for each month, taking into account weather conditions. The application in the version for Business Users also includes functionalities that allow it to be used as a sales tool, including project management, preparing installation designs for customers, and creating a customer database (CRM). ScanTheSun is not a party to any understandings, contracts or any other legal relationships between Business Users and their clients.
3.2. ScanTheSun provides services via the Application in the following areas:
- preparing Projects,
- calculation of energy yield based on data entered by Users,
- generating reports on energy yield forecasts from installations covered by the Projects,
- providing functionalities for project management by Business Users (customer projects, CRM, etc.),
- creating and using the Account function,
- using the contact form.
3.3. The services of access to the Application and the creation and use of Account functions are provided free of charge. Other services are provided for a fee under the terms described in the Regulations.
3.4. Users act solely at their own risk in connection with the implementation and use of Projects. ScanTheSun is not responsible for installing the installation in accordance with the Design, achieving energy yields consistent with the report or calculation made via the Application, and is not responsible for any claims between Business Users and their clients.
4. TERMS AND CONDITIONS OF PROVIDING SERVICES ELECTRONICALLY
4.1. Technical conditions
4.1.1. Using the Application requires a mobile device with Internet access. Using the Application also requires an active e-mail address.
4.1.2. ScanTheSun is not a data service provider. The costs of data transmission required to download, install, run and use the Application are covered by its Users and Guests on their own, based on separate agreements concluded with telecommunications operators or other Internet access providers. ScanTheSun is not responsible for the amount of fees charged for the use of data transmission necessary to use the Application and recommends Users and Guests to monitor the measurement of data transmitted by the device in connection with the use of the Application.
4.1.3. ScanTheSun is not responsible for the inability to access the Application resulting from reasons beyond its control, including interruptions in the operation of the Application caused by Force Majeure, prohibited actions of third parties or incompatibility of the Application with the technical infrastructure of the Guest or User, or for any damages, including indirect ones. and lost benefits resulting from interruption in the functioning of the Application caused by the need for system maintenance or other factors beyond the control of ScanTheSun.
4.1.4. ScanTheSun reserves the right to interrupt the operation of the Application necessary for its maintenance or updating. ScanTheSun also undertakes to inform in the Application about planned interruptions or difficulties in the functioning of the Application. ScanTheSun reserves that it is not obliged to update the Application in the event of updates of operating systems by their suppliers.
4.2. Account
4.2.1. Subject to point 4.2.2., the use of the Application is possible only after prior registration and creation of an Account. A guest can create a Private Account or a Business Account.
4.2.2. Viewing information about the Application and using the contact form does not require creating an Account. Using other functionalities of the Application requires registration and logging in to the Account.
4.2.3. A Private Account can only be opened by a person who is over 18 years of age and has full legal capacity. A Business Account can only be opened by a natural person running a business, a legal person or an organizational unit without legal personality but with legal capacity running a business.
4.2.4. A natural person acting on behalf of and on behalf of a Guest or User who is a legal person or an organizational unit without legal personality, which is granted legal capacity under the Act, ensures that he or she is duly authorized to act and perform all activities on behalf of and on behalf of such Guest or User within the framework of using the Application.
4.2.5. The Guest can register (create) a Private Account using his or her e-mail address. During registration, it is necessary to provide the following data: customer name, e-mail address. The Guest may register (create) a Business Account using his or her e-mail address used to conduct business activities. During registration, it is necessary to provide the following data: customer name, full company name, tax identification number, registered office address, e-mail address. In order to register (create) an Account, the Guest should accept the content of the Regulations and the Privacy Policy. Providing the indicated data and accepting the Regulations and the Privacy Policy is voluntary, but failure to perform these activities will result in the inability to register in the Application and create an Account.
4.2.6. The User is fully responsible for the use of his Account by any third parties, unless the use of the Account by third parties was illegal and unauthorized and the User immediately and effectively notified ScanTheSun about it.
4.2.7. The service of creating and maintaining an Account is free of charge.
4.2.8. Creating an Account involves ScanTheSun sending notifications to the e-mail address provided by the User regarding the Account, the Application and other information related to the User’s activity in the Application. Notifications do not constitute the transmission of commercial information.
4.2.9. The User is not obliged to post any deposit or provide other financial guarantees to ScanTheSun.
4.3. Scope of paid services, prices, payment methods
4.3.1. The User may purchase a subscription to the services available in the Application in accordance with the offer available on the website www.scanthesun.com. The offer describes the detailed scope of services covering a given subscription, the period for which the service is made available and the price of each type of subscription. A Private User can purchase a subscription intended for individual customers, and a Business User can purchase a subscription intended for business customers.
4.3.2. The subscription is purchased via the website www.scanthesun.com. The user is always informed about the price of the selected service. The use of a paid service provided via the Application requires an explicit confirmation that its provision involves the obligation to pay.
4.3.3. The prices posted in the Application are given in Polish zloty and are gross prices (prices already include added taxes). If the User wants to receive an invoice for the purchase of the service, he or she is obliged to provide this information when making the purchase and providing the invoice data.
4.3.4. Payments are made in advance, i.e. before the service begins. The provision of a paid service will commence after the full payment for this service has been credited to ScanTheSun’s account.
4.3.5. Depending on the User’s choice, the price may be paid via the PayU online payment system, i.e. the payment operator PayU SA based in Poznań (ul. Grunwaldzka 186, 60-166 Poznań) or PayPal , i.e. the payment operator PayPal (Europe) S. .and rl . et Cie , SCA (RCS Luxembourg B 118 349).
4.3.6. Making a payment via PayU or PayPal online payments will require accepting the regulations of the service provider and will constitute a separate legal relationship. ScanTheSun is not responsible for the implementation of the payment service by a third-party provider.
4.3.7. In the event of early termination of the use of a paid service due to deletion of the Account by the User or by ScanTheSun based on point 6.6. Regulations, the fee charged for the unused period will not be refunded.
5. USER OBLIGATIONS
5.1. The User is responsible for using the Application in accordance with the provisions of the Regulations.
5.2. The user is obliged to:
- compliance with the provisions of the Regulations and other regulations related to the use of the Application;
- not to infringe any rights of ScanTheSun and its image, in particular its intellectual property rights;
- not to create more than one Account in the Application and not to create an Account on behalf of any other person, however, one User may create one Private Account and one Business Account at the same time, provided that he or she meets the conditions for opening these Accounts;
- not to make any attempts to circumvent or interfere with the Application software.
6. ACCOUNT SUSPENSION, RESTRICTION OF ACCESS TO THE APPLICATION, DELETION OF ACCOUNT
6.1. The User may delete his/her Account from the Application at any time. The consequence of this is the lack of access to information and data previously available via the Account.
6 .2. In the event of a breach of the Regulations by the User, after warning the User, ScanTheSun is entitled to block the User’s access to the Account for a period not longer than 14 days.
6.3. A User whose access to the Account has been blocked should contact ScanTheSun within 14 days of blocking access to the Account in order to determine how to remove the effects of violating the Regulations and restore access to the Account. ScanTheSun’s contact details are included in point 1.2 of the Regulations.
6.4. Blocking access to the Account means that you will not be able to use the services that are available after logging in to the Account.
6.5. Within 14 days of blocking access to the Account, the User may remove the effects of violating the Regulations. In such a case, access to the Account will be restored.
6.6. If the User does not remove the effects of violating the Regulations within 14 days of blocking access to the Account, the Account will be deleted by ScanTheSun.
6.7. Deleting the Account, both by the User and ScanTheSun, is tantamount to deleting all data collected in the Account, including Projects.
7. PERSONAL DATA
7.1. Information regarding the protection of the User’s personal data and the use of cookies can be found in the Privacy Policy document available in the Application: [https://scanthesun.com/en/privacy-policy/].
7.2. Processing of personal data in connection with the use of the Business Account
7.2.1. Personal data of the Business User’s employees and clients entered into the Application in connection with the use of the Business Account functionality are processed by the Business User as the personal data administrator. The Business User declares that he processes personal data via the Application in accordance with applicable law, in particular the GDPR. The Business User entrusts this personal data to ScanTheSun for processing on the basis specified in Art. 28 GDPR on the basis of a data processing contract. To this extent, ScanTheSun acts solely on behalf of the Business User in order to perform the contract concluded with him. The template of the data processing agreement is Annex No. 2 to the Regulations.
7.2.2. ScanTheSun is not responsible for the processing of personal data by Business Users.
8. INTELLECTUAL PROPERTY RIGHTS FOR THE APPLICATION
8.1. ScanTheSun has all intellectual property rights to the Application and its individual elements, therefore using the Application in a manner or for purposes inconsistent with the Regulations or provisions of generally applicable law is prohibited and results in the User’s liability towards ScanTheSun. ScanTheSun grants the User a free and non-exclusive license to use the Application in accordance with its intended purpose, which includes the right to reproduce it only in time and to the extent necessary to launch, operate and store the Application in the memory of the Mobile Device with which the User is connected. uses in accordance with the Regulations; such license right does not authorize the User to grant further licenses or to use the Application for other purposes.
9.2. ScanTheSun has all intellectual property rights to the Projects and their individual elements. ScanTheSun grants the User a free and non-exclusive license to use the Project prepared by a given User solely for the purpose of using it for their own needs related to the implementation of the photovoltaic installation covered by the Project. In the case of Projects prepared by a Business User, the right covers the use of the created Project for its own needs related to the implementation of the photovoltaic installation to which the Project applies for the Business User’s client; such license right does not authorize the User to grant further licenses or to use the Project for other purposes.
10. COMPLAINT PROCEDURE
10.1. If any irregularities are detected in the operation of the Application, the Guest or User should first contact ScanTheSun via the contact form provided in the Application or via the contact details provided in point 1.2. Regulations by providing information about the identified problem. ScanTheSun will take action to remove any irregularities as soon as possible.
10.2. Notwithstanding the above, the Guest or User has the right to submit a complaint regarding non-performance or improper performance of services by ScanTheSun.
10.3. Complaints should be reported to ScanTheSun electronically to the e-mail address: contact@scanthesun.com or by sending a letter to the following address: ul. Tomasza Zana 11A, 20-601 Lublin.
10.4. The complaint should include: name and surname or name of the User or Guest, e-mail address or correspondence address, in the case of submitting a complaint by correspondence, description of the subject of the complaint.
10.5. ScanTheSun will respond to the complaint immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Guest or User’s request is justified.
10.6. Information about the consideration of the complaint will be sent to the Guest or User in electronic form to the indicated e-mail address, or in writing to the indicated delivery address of the Guest or User, depending on the method of submitting the complaint.
10.7. ScanTheSun agrees to submit any disputes arising in connection with the services provided via the Application to mediation. The details will be determined by the parties to the conflict.
10.8. Detailed information on the possibility for the consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa.
1 0/09. More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website http://www.uokik.gov.pl.
11. CONCLUSION OF THE AGREEMENT, TERMINATION, WITHDRAWAL
11.1. Upon registration of the Account , an agreement for the provision of electronic services regarding access to the Account is concluded between ScanTheSun and the User . The contract is concluded for an indefinite period.
11.2. Upon purchase of paid services referred to in point 4.3. Regulations, an agreement is concluded between ScanTheSun and the User for the provision of electronic services in the scope of the service purchased by the User on the terms resulting from the selected offer.
11.3. The User may terminate the contract with ScanTheSun with immediate effect at any time by deleting the Account.
11.4. The User may withdraw from it without giving any reason within 14 days of concluding the contract for the provision of electronic services with ScanTheSun. In order to exercise the right of withdrawal, the User should submit a declaration of withdrawal from the contract by sending it electronically to the ScanTheSun e-mail address: contact@scanthesun.com or in writing to the following address: ul. Tomasza Zana 11A, 20-601 Lublin. The User may use the template of the declaration of withdrawal from the contract constituting Annex No. 1 to the Regulations.
11.5. The User is not entitled to withdraw from the service contract if ScanTheSun has fully performed the service with the User’s express consent.
12. DURATION OF SERVICES PROVIDED VIA THE APPLICATION
12.1. ScanTheSun, with the exception of paid services, provides services via the Application for an indefinite period of time. Paid services are provided for the specified period of time for which the User purchased them.
12.2. ScanTheSun may terminate the provision of services via the Application for important reasons, which include suspension or termination of business activity, filing for bankruptcy, declaration of bankruptcy, difficult financial situation of ScanTheSun or other similar reasons.
12.3. ScanTheSun is obliged to inform the User at least 90 days before the planned termination of the provision of services via the Application.
12.4. ScanTheSun will post information in the Application about the planned end date of the provision of services via the Application. At the same time, ScanTheSun will inform each User (i.e. each person who is a User on the date of posting this information in the Application) about it via an e-mail sent to the address provided during Account registration.
12.5. After performing the activities indicated in point 12.4. above, ScanTheSun will block the ability to purchase services in the Application. If, at the time of termination of the provision of services via the Application, the User has an active paid service, ScanTheSun will refund part of the fee for this service proportionally, i.e. in the amount corresponding to the period in which the User will no longer be able to use the service due to the termination of the service . services via the Application. The refund will be made within 30 days from the end of the provision of services via the Application to the User’s bank account from which the payment was made or to another bank account indicated by the User.
13. CHANGES TO THE REGULATIONS
13.1. ScanTheSun reserves the right to make changes to the Regulations for important reasons, i.e.: organizational, legal and technical changes, changes to the conditions of services provided by third parties to ScanTheSun, including payment methods – to the extent that these changes affect the implementation of the provisions of these Regulations , changes in the scope of the offer of services, including changes in the amount of fees, which, however, may not lead to the deprivation or limitation of the User’s rights arising from already purchased paid services.
13.2. Paid services purchased before the changes to the Regulations come into force will be provided in accordance with the provisions of the Regulations valid on the date of purchase of the service.
13.3. In the event of a change to the Regulations, ScanTheSun will post the new content of the Regulations in the Application along with the announcement of this change. At the same time, ScanTheSun will inform each User about the change in the Regulations (i.e. each person who is a User on the date of the change in the Regulations) by sending an e-mail to the address provided during Account registration along with delivering the new version of the Regulations. If the User does not accept the amended Regulations, he or she may delete his or her Account using its settings.
14. FINAL PROVISIONS
14.1. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, GDPR, Personal Data Protection Act.
14.2. The following Annexes constitute an integral part of the Regulations:
1) Sample contract withdrawal form.
2) Template of the agreement on entrusting the processing of personal data.
Annex No. 1 – TEMPLATE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee: ScanTheSun Sp. z o. o., ul. Tomasza Zana 11A, 20-601 Lublin
– I, the undersigned, hereby inform about my withdrawal from the contract for the provision of the following service ________________________________________________________________________________ as part of the ScanTheSun mobile application.
– The date of conclusion of the contract is ________________________________________________________________________
– Name and surname / company / User name __________________________________________________________________
– User Address ________________________________________________________________________
– Signature of the User or the person authorized to represent him (only if the form is sent in paper version)
– Date ____________________
(*) Delete as appropriate .
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