APsystems Terms of Service

Effective Date: 6 March 2024
Updated Date: 6 March 2024

 

These “Terms of Service” apply to all users including corporate users and household users (collectively, “you”, or “your”) who use our services provided by Altenergy Power System Inc. and/or any of our subsidiaries or affiliates (collectively, “APsystems”, “we”, “us”, or “our”).

Please carefully read through these terms and understand our purposes and practices before accepting them. By opening an account in our website or APPs  or APIs or accessing or using any part of our product / service, you accept and agree to become bound by the Terms of Service, you accept and agree to become bound by the Terms of Service. Besides, you also agree to comply with and be bound by the Privacy Policy and such other policies and guidelines, notices, circulars and announcements from time to time issued by us to you, all of which shall form part of the Terms of Service.

Notwithstanding that we may notify you of any major changes we made to these Terms electronically, you shall be responsible for regularly reviewing these Terms. At any time, you can view our current Terms of Service on our Website. All amendments, supplements and revisions shall be effective upon publication on our Website. When you use our Services after our publication of any such amendment, supplement or revision, you are deemed to have read and agreed to the latest version of our Terms of Service, Privacy Policy and such other policies and guidelines, notices, circulars and announcements from time to time issued by us to you. If you do not agree to such amendments, supplements or revisions, you shall close your account and stop using any of our Services.

The Terms of Service shall be effective and legally binding on the date when：

  1. you create an account, affirmatively accepts the agreement in writing or electronically; or
  2. otherwise uses our Services.

Subsequently, these Terms of Service shall be continued until your termination of use of our website or application Account or our Services. Your acceptance of these Terms of Service shall serve as confirmation that you fully understand and accept to all the provisions in these Terms. If you do not understand any of these Terms, you are advised to obtain independent legal advice.

 

Table of Contents

  • Definition
  • Service
  • Scope of Service
  • Service Usage Regulations
  • Privacy Policy
  • Limitation of Liability
  • Termination
  • Exclusion of Warranties
  • Changes of Terms of Service
  • Contact Us

 

Definition

  1. Licensed Software: refers to the software developed by APsystems you can download, install, and use from the corresponding platforms.
  2. Service: refers to the licensed software provided by APsystems.

 

Service

You can monitor, register, operate and maintain, and manage PV solar systems through the licensed software services provided by APsystems. These services will be optimized or modified based on the changes of requirements from users, and also may be temporarily suspended due to regular maintenance.

 

Scope of Service

  1. APsystems grants you the right to use the services relating to these Terms free of charge. If you obtain the services from any other third party without authorization by APsystems, APsystems cannot guarantee the services be used normally and therefore takes no responsibility for any loss or damages caused to you.
  2. You are prohibited to license, duplicate, sell, lease, transfer, issue the product in any form, or use the data for other commercial purposes. If such a commercial operation is necessary, prior written authorization and permission from APsystems should be obtained beforehand.
  3. APsystems may change, update or upgrade the relevant services from time to time, and may add new services. If there are no separate agreements accompanying the new services, you are entitled to the corresponding functions and services, which are also subject to these Terms.
  4. You shall be responsible for the accuracy, reliability, integrity and legitimacy of the registration data and the legitimacy of the way in which you input or obtain the data.
  5. You shall keep your login credentials and not share your solar system to anyone else. In case of any safety loophole regarding your account (including but not limited to the divulgence of password), you should notify APsystems immediately once you being aware of it, and APsystems will assist you in taking relevant measures.
  6. APsystems device supports automatic upgrade and upgrade upon user authorization.

 

Service Usage Regulations

  1. You should use the licensed software according to regulations. The following are against usage regulations:
    • Publish or share computer viruses, worms, malicious codes, software that deliberately destroys or alters computer systems or data;
    • Collect other users’ personal information or data without consent, such as email addresses, etc.;
    • Use the service maliciously in an automated way, cause excessive burden on the server or interfere with or damage the website server and network link in other ways;
    • Access server data or communication data without authorization;
    • Interfere with and disrupt the use of other users.
  2. You understand and agree:
    • APsystems will determine whether you are suspected of violating the above-mentioned usage regulations, and will suspend or terminate your user license or take other restrictive measures in accordance with the agreement based on determining results;
    • If you violate the relevant laws or the provisions of these terms and cause any loss to APsystems, you will be obliged to compensate APsystems for the losses and/or damages incurred;

 

Privacy Policy

APsystems respects your rights and control over your personal information, and the security of your personal information is important to you and to APsystems as well. APsystems has formulated the “Privacy Policy”, which explains the details of how we collect, store, use, store and share your personal information. Please carefully read through our Privacy Policy to understand our purposes and compliance practices.

 

Limitation of Liability

  1. Except for clear provisions in laws and regulations, APsystems will do its utmost to ensure that the licensed software and the technology and information involved are confidential, integrated, available, safe, effective, accurate and reliable, but it is limited by existing data security technology and strict organizational protection.
  2. You understand that APsystems cannot be responsible for your direct or indirect losses caused by force majeure or any third-party unlawful behaviors.
  3. You are responsible for any loss, damage, injury, or for any direct, indirect, special, incidental, exemplary or consequential damages caused by or related to any of the following reasons:
    • Your misconduct of the licensed software not due to APsystems’ fault;
    • Other losses related to the licensed software that are not caused by APsystems.
  4. Any other software derived from licensed software that were not developed and officially released by APsystems is illegal. Downloading, installing and using such software may cause unpredictable risks, APsystems is not responsible for the legal liabilities arising from this software and has the right to suspend or terminate the user license and/or all other services.
  5. You understand APsystems’ licensed software services involve internet services, which may be affected by unstable factors in various links. Although APsystems has taken security precautions, the services still may be suspended, interrupted, delayed, restricted or unavailable due to inherent deficiencies of the Internet and electronic communications and which are beyond the reasonable control of any party, including but not limited to fires, floods, terrorist attacks, plagues, natural disasters, riots, terminal viruses, hacker attacks, network failures, terminal failures and other event which is unforeseen and unavoidable (“Force Majeure”). APsystems shall not be responsible for the risks listed under Force Majeure. However, APsystems will try our best efforts to recover and maintain our service as soon as possible.

 

Termination

We reserve the right to temporarily or permanently suspend, terminate or limit your access privileges to part or all of our services with or without notice at any time for any reason or no reason including:

  1. if we reasonably believe you have violated, or we have objective grounds to reasonably believe you are violating or have violated the terms, including any incorporated agreements, policies or guidelines, or any applicable laws or regulations;
  2. if any activities occur on your account which may cause damage to or impair us or our Services.
  3. in response to requests by law enforcement or other government agencies under valid legal process;
  4. due to unexpected technical or security issues or problems;
  5. if there are extended periods of inactivity in your account.

If you are temporarily or permanently suspended, terminated or limited in your access privileges to part or all of our services, as we do not guarantee the permanent availability of your content, you should make backups of any content you value.

If you no longer want to use our Services, you can request us to delete your content. Please be aware that once you choose to delete your account with all content, you will not be able to reactivate your account or retrieve any of the content you have previously added.

The obligations and liabilities of both Parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

 

Exclusion of Warranties

Nothing in these terms shall affect any statutory rights that you:

  1. cannot contractually agree to alter or waive;
  2. are always legally entitled to as a consumer.

The services are provided “as is” and we make no warranty or claim to you with respect to them. In particular, we do not claim or guarantee that:

  • your use of the services will meet your requirements;
  • your use of the services will be uninterrupted, timely, securely or free of any error;
  • any information obtained by you as a result of your use of the services will be accurate or reliable of free of any error;
  • defects in the operation or functionality of any software provided to you as part of the services will be corrected.

To the extent allowed under the applicable law, no other conditions, representations, warranties, statements or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms of Service. We may change, suspend, withdraw or restrict the availability of all or any part of our platform for business and operational reasons at any time with publication in our website.

 

Changes of Terms of Service

We reserve the right to modify these “Terms of Service” at any time, and you have the right to be notified of the changes. We will notify you by email (sent to the email address specified in your EMA account) or by means of a notice in the EMA website or APPs prior to the change becoming effective. We encourage you to periodically review the latest information on our “Terms of Service”, and we encourage you to accept the latest version, in order to continue to use our products and services. If you have any objections to the new one, we will contact you and confirm your non-acceptance and we will delete your account, after which we will no longer provide you with our products and services.

 

Contact Us

If you have any questions or comments about this “Terms of Service”, please contact us directly at privacy@apsystems.com