Terms and Conditions for Use of the "TrustEE" Platform

§ 1 Scope of application

(1) These Terms and Conditions for Use govern the usage of the platform accessible via https://trustee-stage.ise.fraunhofer.de (hereinafter: "the Platform").

(2) The Platform is part of the TrustEE project (www.trust-ee.eu) funded by the European Union as part of the Horizon 2020 research and innovation program (hereinafter: "TrustEE").

(3) In accordance with the Horizon 2020 Consortium Agreement, TrustEE is being conducted by a research consortium, the members of which are:

  • Fraunhofer Institute for Solar Energy Systems ISE, Heidenhofstr. 2, 79110 Freiburg
  • AEE - Institute for Sustainable Technologies, Feldgasse 19, 8200 Gleisdorf, Austria
  • ainia centro tecnológico, Parque tecnológico de Valencia, c/ Benjamin Franklin, 5-11, E46980 Paterna
  • Borg & Co AB , Sveavägen 98, 4 tr, 113 50 STOCKHOLM
  • REENAG Holding GmbH, Hagenmüllergasse 12/2, 1030 Vienna, Austria
  • Universidade de Évora, Largo dos Colegiais 2, 7000 Évora

(4) The technical operator of the Platform is the Fraunhofer-Gesellschaft, Hansastrasse 27c, 80686 Munich via the legally non-independent organisation Fraunhofer Institute for Solar Energy Systems ISE, Heidenhofstr. 2, 79110 Freiburg (hereinafter: "the operator"),

(5) All offers in connection with the Platform are made exclusively on the basis of these terms and conditions except as otherwise agreed in writing between the user and the operator (sec. 126 of German Civil Code [BGB]). The general terms and conditions of users shall not apply, and shall only become part of the agreement if and as expressly agreed in writing.

(6) The contract language is English.

(7) A current version of these terms and conditions is posted here: https://trustee.ise.fraunhofer.de/view_terms_and_conditions

§ 2 Long-term objective

(1) The long-term objective of the Platform, as part of TrustEE, is the standardized evaluation of commercial projects in the European Union in the fields of industrial energy efficiency (EE) and renewable energy (RE) (hereinafter "the Project") and to support the implementation of economically and technologically significant projects thus identified through opportunities to obtain the necessary financing, the precise nature of which is yet to be finalised.

(2) It is neither possible nor intended at this time for such financing to actually be arranged. For now the sole activities are conducting evaluations and obtaining indications of interest from potential (re-)/financing partners.

((3) Continuation of the process will - if and when these re-financing instruments have actually been created and fulfil legal and administrative requirements - without exception require obtaining further information from the operator and the consent of the users involved, potentially requiring the acceptance of additional and/or deviating legal conditions.

§ 3 Project evaluation

(1) The Platform performs standardized and predominantly automated project evaluation in order to give the user a non-binding assessment of the project the user has presented on the Platform in respect of the subsequent financing objectives pursued via TrustEE, and also to enable potential (re-)/financing partners to assess the evaluation methodology employed by the Platform, the results of the methodology and the projects identified as promising.

(2) Standardised project evaluation is carried out via automated economic and technical assessment in which the project presented by the user is compared with background simulations run on generic models for EE and RE projects of a similar type.

(3) These evaluations are based on the research and development work of the consortium, and are themselves research and development results. The operator and the consortium members are bound to exercise due scientific care and uphold the technological state of the art, but are not obligated to actually attain a research and development objective or an economically exploitable outcome. No assurance is given that results obtained through the Platform will be accurate, reproducible or economically viable.

(4) The process outcome is generation of a standardized report (project report) outlining the results of the three-stage project evaluations. Reaching the respective stages indicates to the user that certain economic, technological and qualitative criteria have been met. This result is non-binding and entails no commitment respecting potential financing, actual financing or even consideration in the further course of the TrustEE project.

(5) The Platform is also used to collect data for research purposes and for practical validation of the planned steps.

§ 4 Registration and contract conclusion

(1) Consumers are not allowed to utilise the Platform. Currently the Platform is only open to users with a business domicile within the European Union.

(2) Registration and setting up a user account are required for use of the Platform. Registration is free of charge for the user.

(3) By clicking the "Register" button in the registration process, the user submits a legally binding request to conclude a contract. The user is notified by e-mail of receipt of the submitted registration request. This does not yet constitute a contract however. The user must confirm the submitted registration request by clicking on the confirmation link provided in the e-mail. A contract with the operator governing usage of the Platform is only entered into when the operator confirms the contract by e-mail or activates the user account.

(4) The user warrants that data entered and stored in the user’s account are up-to-date and accurate. The use of pseudonyms is prohibited. The user is obligated to update saved data without delay in case of changes.

(5) There is no entitlement to activation of a user account. The operator may refuse or decline activation without stating reasons, and may deactivate an account at any time.

(6) The user is obliged to handle login data with care. The user is prohibited from disclosing login data to third parties and from allowing third parties to access to the user account. The user has the same liability vis-a-vis the operator for the actions of third parties to whom the user discloses login data as for the user’s own actions. The user must inform the operator immediately if the user suspects any misuse of login data.

(7) The operator is entitled to restrict the user's access to specific content and to lock the user's account at any time, such as in case of suspicion that such content or the user is in breach of applicable law or infringing third-party rights.

(8) The operator is entitled to restrict access to the Platform – wholly or in part, temporarily or permanently – for maintenance purposes, due to capacity issues and in consequence of events beyond the operator’s control.

§ 5 Use of the Platform

(1) Upon successfully completing registration, the user may utilise the Platform free of charge. The operator expressly reserves the right however to charge fees at a later date for use of certain areas of the Platform.

(2) The following user roles are available:

  • Promoter (§ 6)
  • and
  • TrustEE manager (§ 7).
    At present, only members of the consortium can be TrustEE managers.

(3) The user holds the role promoter. TrustEE manager roles are assigned by the operator.

§ 6 Promoters

(1) Promoters can present one or more EE or ER projects (hereinafter: "proposals") on the Platform, providing a name, description, and specifying the assignment of tags and the technology type.

(2) Next the user can provide information on the project presented using input screens (hereinafter "project data").

(3) As the first step, the user provides information about the project allowing economic evaluation by the Platform (hereinafter: "stage 1").

(4) If the economic evaluation by the Platform yields a positive result, the user is notified accordingly and can then provide technical information about the project in the second stage (hereinafter: "stage 2"). If the evaluation yields a negative result, the user is notified accordingly, and may be informed of what information led to the negative evaluation.

(5) If technical evaluation by the Platform yields a positive result, the Platform automatically prepares a standardised results report (hereinafter: "results report") for further use by the consortium. If the evaluation yields a negative result, the user is notified accordingly and may be informed of what information led to the negative evaluation.

(6) If stage 2 is successfully completed, a TrustEE manager (an employee of one of the consortium members) may contact the promoter to discuss the results, potentially obtain additional information and validate the result. The further procedure is otherwise as indicated in paragraph 5 above.

(7) The operator reserves the right to forward the results report to third parties, in particular to (re-)/financing partners for the purposes outlined under § 3 (1) (assessing the underlying methodology, the results delivered by the methodology and the projects identified as promising). The Promoter is not entitled to such forwarding, nor shall any claims accrue to the Promoter against the operator, consortium members or the third parties on the basis of such forwarding.

(8) The Promoter warrants that the project data entered are correct. If project data change following entry, the Promoter must notify the Platform and change the proposal accordingly.

§ 7 TrustEE manager

(1) TrustEE managers are able to review proposals submitted by promoters and the automated evaluations of these proposals. They may utilise this data for the purposes of the TrustEE project, including their own research purposes and research purposes of the consortium. TrustEE managers may, in consultation with the consortium, contact the respective promoters to validate their proposals and evaluations.

(2) In consultation with the consortium, TrustEE managers make contact with potential (re-)financing partners to gauge the usability of the results reports.

§ 8 General obligations of the user

(1) The user undertakes to comply with applicable laws when entering data (e.g. criminal law, competition law, youth protection law and statutory information obligations under the Tele-media Act –TMG) and to refrain from utilising third-party data without consent, from infringing third-party rights (e.g. name rights, trademarks, copyrights, data protection rights) and from disclosing trade or business secrets.

(2) The user shall refrain from any activity which could overburden or impair the operation of the Platform, the offered services and/or the underlying technical infrastructure.

Such actions include in particular:

  • using software, scripts or databases in connection with use of the Platform.
  • automated reading, blocking, overwriting, modifying or copying of data except as necessary for proper usage of the Platform.

(3) The user shall notify the operator without delay of any disruption of usability of the Platform or its functionalities.

(4) The operator is entitled to implement technical measures (such as access barriers) to prevent usage beyond the permitted scope. It is prohibited for the user to utilise any means for defeating such technical measures.

§ 9 Data protection

Complete information on the handling of personal data and data protection is provided for the user in the operator’s Data Protection Policy posted on the Platform. This information can be viewed at https://trustee.ise.fraunhofer.de/view_data_protection.

§ 10 Usage rights

The user grants the operator a free, non-exclusive, right without geographic or temporal limitation to use content the user posts, in particular project data, descriptions, comments and responses (hereinafter: "data") for the uses outlined under § 3. In particular, the operator is entitled to copy, edit and transfer the data to third parties.

§ 11 Contractual and tortious liability

(1) Unlimited liability: The operator and the consortium members have unlimited liability for wilful intent and gross negligence in relation to actions or omissions respecting the Platform, and as provided in the Product Liability Act. The operator and the consortium members have liability for damages due to loss of life and bodily injury/harm in cases of slight negligence in relation to actions or omissions respecting the Platform.

(2) For the rest the following limited Liability applies: The operator and the consortium members only have limited liability in cases of slight negligence in relation to actions or omissions respecting the Platform for breach of a primary contractual obligation, the fulfilment of which is pre-requisite to proper execution of the contract, upon which the user may regularly rely (cardinal obligations). Liability for slight negligence is limited to the amount of damages foreseeable at the time of contract conclusion, the occurrence of which is expected as typical. This liability limitation also applies to vicarious agents of the operator and of the consortium members in relation to actions or omissions respecting the Platform.

§ 12 Contract term and termination

(1) The contractual relationship between the user and the operator is open-ended/non-expiring. It may be terminated at any time without observing a notice period, and without stating reasons.

(2) The parties’ right to terminate the contractual relationship on an extraordinary basis for good cause remains unaffected.

(3) Upon termination, the user will no longer have access to the user account or to the project data on the Platform. Any obligations of the operator to delete data provided by the user shall be governed by data protection regulations.

§ 13 Changes to the terms and conditions

(1) The operator is entitled to amend and supplement the terms and conditions, observing a reasonable notice period. The operator shall inform the user of any amendments or supplements to these terms and conditions in text form via e-mail, or at log-in.

(2) Such changes shall be deemed agreed to unless the user lodges written objection thereto within 14 days of their announcement. The operator shall give advisory of this clause in any change notification.

(3) If the user lodges objection by the applicable deadline, the operator shall be entitled to terminate usage at the time when the amended or supplemented terms and conditions go into effect, but no earlier than two weeks following elapse of the objection period.

§ 14 Concluding provisions

(1) The invalidity of provisions of these terms and conditions shall not affect the validity of any other provisions thereof.

(2) These terms and conditions shall be exclusively governed by German law. The UN convention on contracts for the international sale of goods [CISG] is ruled out.

(3) If the user is a trader, a legal entity under public law or a public-law fund, the place of jurisdiction for any disputes arising from or in connection with contracts between the user and the operator shall be Munich.