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Data protection

General terms and conditions of business

Introduction

We take the protection of the data of users of our website and/or our mobile app very seriously and are committed to protecting the information that users provide to us in connection with the use of our website and/or our mobile app (“digital assets”). ) to provide protection. We are further committed to protecting and using your data in accordance with applicable law.

This Privacy Policy explains our practices regarding the collection, use and disclosure of your information through the use of our digital assets (the “Services”) when you access the Services through your devices.

Please read the Privacy Policy carefully and make sure you fully understand our practices regarding your information before using our Services. If you have read this policy, fully understand it and do not agree with our practices, you must stop using our digital assets and services. By using our Services, you accept the terms of this Privacy Policy. Continued use of the Services constitutes your acceptance of this Privacy Policy and any changes thereto.

In this privacy policy you will learn:

  • How we collect data

  • What data we collect

  • Why we collect this data

  • Who we pass on the data to

  • Where the data is stored

  • How long the data is retained

  • How we protect the data

  • How we deal with minors

  • Updates or Changes to the Privacy Policy

What data do we collect?

Category: Always

Below is an overview of the data we may collect:

  • De-identified and non-identifiable information that you provide during the registration process or that is collected through the use of our Services (“Non-Personal Information”). Non-personal data does not allow any conclusions to be drawn as to who collected it. Non-personal information that we collect consists primarily of technical and aggregate usage information.

  • Individually identifiable information, i.e. H. all those through which you can be identified or could reasonably be identified (“personal data”). The personal information we collect through our Services may include information requested from time to time, such as names, email addresses, addresses, phone numbers, IP addresses and more. If we combine personal information with non-personal information, we will treat it as personal information as long as it is in combination.

How do we collect data? 

Category: Always

Below are the main methods we use to collect data:

 

  • We collect data when you use our services. This means that when you visit our Digital Assets and use Services, we may collect, record and store usage, sessions and related information.

  • We collect data that you provide to us, for example when you contact us directly via a communication channel (e.g. an email with a comment or feedback).

  • We may collect information from third-party sources as described below.

  • We collect information that you provide to us when you log in to our Services through a third party such as Facebook or Google.

Why do we collect this data?

Category: Always

We may use your data for the following purposes:

 

  • to provide and operate our services;

  • to develop, customize and improve our Services;

  • to respond to your feedback, inquiries and requests and to offer assistance;

  • to analyze demand and usage patterns;

  • for other internal, statistical and research purposes;

  • to improve our data security and fraud prevention capabilities;

  • to investigate violations and enforce our terms and policies and to comply with applicable law, regulation or governmental request;

  • to provide you with updates, news, promotional materials and other information related to our Services. For promotional emails, you can decide for yourself whether you would like to continue to receive them. If not, simply click on the unsubscribe link in these emails.

Who do we share this data with?

Category: Always

We may share your information with our service providers to operate our services (e.g. storing data through third party hosting services, providing technical support, etc.).

 

We may also disclose your information in the following circumstances: (i) to investigate, detect, prevent, or take action against unlawful activities or other wrongdoing; (ii) to establish or exercise our rights of defense; (iii) to protect our rights, property or personal safety, or the safety of our users or the public; (iv) in the event of a change of control of us or one of our affiliates (by way of a merger, acquisition or purchase of (substantially) all of the assets, among other things); (v) to collect, maintain and/or manage your information through authorized third parties (e.g. cloud service providers) as appropriate for business purposes; (vi) to work with third parties to improve your user experience. To avoid any misunderstandings, we would like to point out that we may transmit, pass on or otherwise use non-personal data to third parties at our own discretion.

Category: User has a blog or forum 

Please note that our Services enable social interactions (e.g. publicly posting content, information and comments and chatting with other users). Please be aware that any content or data you provide in these areas may be read, collected and used by other people. We advise against posting or sharing information that you do not wish to be made public. If you upload content to our Digital Assets or otherwise make it available as part of using a Service, you do so at your own risk. We cannot control the actions of other users or members of the public who have access to your data or content. You acknowledge and hereby acknowledge that copies of your data may remain accessible on cached and archived pages even after they have been deleted or after a copy/storage of your content has been created by a third party.

Cookies and similar technologies

When you visit or access our Services, we authorize third parties to use web beacons, cookies, pixel tags, scripts and other technologies and analytics services (“Tracking Technologies”). These tracking technologies may allow third parties to automatically collect your data to improve the navigation experience on our digital assets, optimize their performance and ensure a tailored user experience, as well as for security and fraud prevention purposes.

 

To find out more, please read our Cookie Policy.

Category: The user is NOT affiliated with an advertising service

We will not share your email address or other personal information with advertising companies or advertising networks without your consent.

Category: The user is connected to an advertising service, a campaign manager or Facebook Ads

We may provide advertising across our Services and our digital assets (including websites and applications that use our Services), which may also be tailored to you, such as: B. Ads based on your recent browsing behavior across websites, devices or browsers.

 

To deliver these advertisements to you, we may use cookies and/or JavaScript and/or web beacons (including transparent GIFs) and/or HTML5 local storage and/or other technologies. We may also use third parties, such as: B. Network advertisers (i.e. third parties that display advertisements based on your website visits) to serve targeted advertisements. Third-party advertising network providers, advertisers, sponsors and/or website traffic measurement services may also use cookies and/or JavaScript and/or web beacons (including transparent GIFs) and/or Flash cookies and/or other technologies to improve effectiveness measure your ads and tailor advertising content for you. These third-party cookies and other technologies are subject to the specific privacy policy of the relevant third party and not this one.

Where do we store the data?

Category: Always

Non-Personal Information

 

Please note that our companies and our trusted partners and service providers are located around the world. For the purposes explained in this Privacy Policy, we store and process any non-personal data that we collect in different jurisdictions.

Category: User collects personal data

Personal Data

Personal data may be maintained, processed and stored in the United States, Ireland, South Korea, Taiwan, Israel and to the extent required for the proper provision of our Services and/or by law (as further explained below) in other jurisdictions.

How long is the data retained?

Category: Always

Please note that we retain collected information for as long as necessary to provide our services, comply with our legal and contractual obligations to you, resolve disputes, and enforce our agreements.

We may correct, supplement or delete inaccurate or incomplete data at any time at our sole discretion.

How do we protect the data?

Category: Always

The hosting service for our digital assets provides us with the online platform through which we can offer our services to you. Your data may be stored through our hosting provider's data storage, databases and general applications. It stores your data on secure servers behind a firewall and it offers secure HTTPS access to most areas of its services.

Category: User accepts payments/eCom

All payment options offered by us and our hosting provider for our digital assets comply with the PCI-DSS (credit card industry data security standard) regulations of the PCI Security Standards Council. This involves collaboration between brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information (including physical, electronic and procedural measures) by our store and service providers.

Category: Always

Regardless of the measures and efforts taken by us and our hosting provider, we cannot and do not guarantee absolute protection or security of the data that you upload, post or otherwise share with us or others.

For this reason, we ask that you set strong passwords and, if possible, not provide us or others with any confidential information that you believe, if disclosed, could cause you significant or lasting harm. Additionally, because email and instant messaging are not considered secure forms of communication, we ask that you do not share any confidential information through any of these communication channels.

How do we deal with minors?

Category: User does NOT collect data from minors

The Services are not intended for users who have not yet reached the legal age of majority. We will not knowingly collect data from children. If you are under the age of majority, you should not download or use the Services or provide any information to us.

 

We reserve the right to request proof of age at any time so that we can check whether minors are using our services. If we become aware that a minor is using our Services, we may prohibit or block such user's access to our Services and we may delete any data we maintain about that user. If you have reason to believe that a minor has provided information to us, please contact us as explained below.

Category: User collects data from minors

Children can use our services. However, if you want access to certain features, you may be required to provide certain information. Some data collection (including data collected through cookies, web beacons and other similar technologies) may occur automatically. If we knowingly collect, use or disclose information collected from a child, we will provide notice and obtain parental consent in accordance with applicable law. We do not condition a child's participation in an online activity on the child providing more contact information than is reasonably necessary to participate in that activity. We only use the information we collect in connection with the services the child has requested.

 

We may also use a parent's contact information to communicate about the child's activities on the Services. Parents can view information we have collected from their child, prohibit us from collecting any additional information from your child, and request that any information we have collected be deleted from our records.

 

Please contact us to view, update or delete your child's information. To protect your child, we may ask you to provide proof of your identity. We may deny you access to the information if we believe your identity is questionable. Please note that certain data cannot be deleted due to other legal obligations.

Category: Always

We will only use your personal data for the purposes set out in the Privacy Policy and only if we are satisfied that:

 

  • the use of your personal data is necessary to perform or enter into a contract (e.g. to provide you with the Services themselves or customer service or technical support);

  • the use of your personal data is necessary to comply with relevant legal or regulatory obligations, or

  • the use of your personal information is necessary to support our legitimate business interests (provided that we do so at all times in a manner that is proportionate and respects your privacy rights).

As an EU resident you can:

 

  • request confirmation as to whether or not personal data concerning you is being processed and request access to your stored personal data and certain additional information;

  • request to receive personal data that you have provided to us in a structured, commonly used and machine-readable format;

  • request correction of your personal data held by us;

  • request the deletion of your personal data;

  • object to our processing of your personal data;

  • request the restriction of the processing of your personal data, or

  • lodge a complaint with a supervisory authority.

Please note, however, that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements. If you have general questions about the personal information we collect and how we use it, please contact us as indicated below.

In the course of providing the Services, we may transfer data across borders to affiliates or other third parties and from your country/jurisdiction to other countries/jurisdictions worldwide. By using the Services, you consent to the transfer of your data outside the EEA.

 

If you are based in the EEA, your personal data will only be transferred to locations outside the EEA if we are satisfied that an adequate or comparable level of protection of personal data exists. We will take appropriate steps to ensure that we have appropriate contractual arrangements in place with our third parties to ensure that appropriate security measures are in place so that the risk of unlawful use, alteration, deletion, loss or theft of your personal data is minimized and that such third parties will at all times act in accordance with applicable laws.

Rights under the California Consumer Privacy Act

 

If you use the Services as a California resident, you may have the right to request access to and deletion of your information under the California Consumer Privacy Act (“CCPA”).

 

To exercise your right to access and delete your data, please read below how to contact us.

Category: The website does not sell any data about its users 

We do not sell users' personal information for the purposes of the CCPA.

Category: Websites with a blog or forum 

Users of the Services who are California residents and under 18 years of age may request and obtain removal of their posted content by sending an email to the address provided in the “Contact Us” section below. These requests must all be marked “California Removal Request.” All requests must include a description of the content that you request to be removed and sufficient information to permit us to locate the material. We will not accept communications that are unlabeled or improperly delivered, and we may not be able to respond if you do not provide sufficient information. Please note that your request does not ensure that the material will be completely or comprehensively deleted. For example, material you post may be republished or reposted by other users or third parties.

Updates or Changes to the Privacy Policy

Category: Always

We may revise this Privacy Policy from time to time in our sole discretion, the version posted on the Site will always be current (see “As of” statement). We encourage you to periodically review this Privacy Policy for any changes. If there are any significant changes, we will post a notice on our website. Your continued use of the Services following notification of changes on our website will constitute your acknowledgment and agreement to the changes to the Privacy Policy and your agreement to be bound by the terms and conditions of such changes.

Contact

Category: Always

If you have general questions about the Services or the information we collect about you and how we use it, please contact us at:

 

Surname: Xai Energy GmbH

Address: Dürener Straße 3, 50189 Elsdorf

Email address: info@xai-energy.de

​

DISCLAIMER 

The information contained herein is not a substitute for legal advice and you should not rely solely on it. Specific requirements regarding legal terms and guidelines may vary from state to state and/or from jurisdiction to jurisdiction. As set out in our Terms of Use, you are responsible for ensuring that your Services are permitted by, and comply with, the law applicable to you.

To ensure that you fully comply with your legal obligations, we strongly recommend that you seek professional advice to better understand which requirements apply specifically to you.

§ 1 Scope 
1.      These terms and conditions of sale apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 Paragraph 1 of the German Civil Code (BGB). We only recognize the purchaser's conditions that conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing. 
2.      These terms and conditions of sale also apply to all future transactions with the customer, as long as they involve legal transactions of a related nature (as a precaution, the terms and conditions of sale should always be attached to the order confirmation).
3.      Individual agreements made with the buyer in individual cases (including additional agreements, additions and changes) always take precedence over these terms and conditions of sale. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.


§ 2 Offer and conclusion of contract
If an order is to be viewed as an offer in accordance with Section 145 of the German Civil Code (BGB), we can accept it within two weeks.


§ 3 Documents provided
All documents provided to the customer in connection with the placing of the order - including in electronic form - such as: B. Calculations, drawings, etc., we reserve ownership and copyright. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer's offer within the period specified in Section 2, these documents must be returned to us immediately.


§ 4 Prices and payment
1.      Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT at the applicable rate. Packaging costs will be charged seperately.
Payment of the purchase price must be made exclusively to the account specified overleaf. The deduction of a discount is only permitted if there is a special written agreement.
2.      Unless otherwise agreed, the purchase price is to be paid within 10 days of delivery (alternatives: “... the purchase price is payable within 21 days of invoicing” or “... the purchase price is payable by - specific date - payable”). Interest on late payments will be charged at a rate of 8% above the respective base interest rate p.a. (see Appendix 1). The assertion of a higher damage caused by default remains reserved.
3.      Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wages, materials and sales costs for deliveries made 3 months or later after conclusion of the contract.
 
§ 5 Retention rights
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.


§ 6 Delivery time
1.      The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.
2.      If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor.
3.      In the event of a delay in delivery not caused intentionally or through gross negligence on our part, we are liable for a flat-rate compensation for delay of 3% of the delivery value for each full week of delay, but not more than 15% of the delivery value.
4.      Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.


§ 7 Transfer of risk upon shipment
If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when they leave the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

§ 8 Retention of title 
1.      We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased item if the purchaser behaves in breach of contract.
2.      The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them against theft, fire and water damage at their new value at his own expense (note: only permitted when selling high-quality goods). If maintenance and inspection work needs to be carried out, the purchaser must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or is subject to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us. 
3.      The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims against the customer arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended. [Note: This clause does not apply if an extended retention of title is not desired.]
4.      The processing or transformation of the purchased item by the purchaser is always carried out in our name and on behalf of us. In this case, the purchaser's expectant right to the purchased item continues with the converted item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing occurs in such a way that the purchaser's item is to be viewed as the main item, it is agreed that the purchaser transfers proportional co-ownership to us and stores the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us those claims that arise against a third party as a result of the connection of the reserved goods with a property; we accept this assignment now.
5.      We undertake to release the securities to which we are entitled at the purchaser's request if their value exceeds the claims to be secured by more than 20%.
 
§ 9 Warranty and notice of defects as well as recourse/manufacturer recourse
1.      The purchaser's warranty rights require that he has properly fulfilled his obligations to inspect and give notice of complaints in accordance with Section 377 of the German Commercial Code (HGB). 
2.      Claims for defects expire 12 months after delivery of the goods we have delivered to our customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, body and health that are based on an intentional or negligent breach of duty by the user. (Note: when selling used goods, the warranty period can be completely excluded, with the exception of the claims for damages mentioned in sentence 2). 
To the extent that the law stipulates longer deadlines in accordance with Section 438 Paragraph 1 No. 2 BGB (buildings and items for buildings), Section 445 b BGB (right of recourse) and Section 634a Paragraph 1 BGB (construction defects), these deadlines apply. Prior to returning the goods our permit is to be requested.
3.      If, despite all care taken, the delivered goods have a defect that was already present at the time of transfer of risk, we will, at our discretion, repair the goods or deliver replacement goods, subject to timely notification of the defect. We must always be given the opportunity to provide supplementary performance within a reasonable period of time. Claims for recourse remain unaffected by the above regulation without restriction.
4.      If subsequent fulfillment fails, the customer can withdraw from the contract or reduce the remuneration - without prejudice to any claims for damages.
5.      Claims for defects do not exist if there is only an insignificant deviation from the agreed quality, if there is only an insignificant impairment of usability, if there is natural wear and tear or if there is damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, defective construction work subsoil or due to special external influences that are not assumed under the contract. If repair work or changes are carried out improperly by the customer or third parties, there are no claims for defects for these or the resulting consequences. 
6.      Claims of the customer due to the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us are subsequently sent to a location other than the branch of the has been transported to the customer, unless the transport corresponds to its intended use. 
7.      The purchaser's recourse claims against us only exist to the extent that the purchaser has not made any agreements with his customer that go beyond the legally binding claims for defects. Paragraph 6 also applies accordingly to the scope of the purchaser's right of recourse against the supplier.
 
§ 10 Miscellaneous
1.      This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2.      The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation (Note: The use of the clause is not permitted if at least one of the parties is a company not registered in the commercial register)
3.      All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
 
APPENDIX  


Remarks
Although the clause prohibitions of the catalog provisions of §§ 308, 309 BGB in accordance with § 310 Paragraph 1 BGB do not apply to general terms and conditions that are vis-à-vis entrepreneurs. S.d. § 14 BGB, it cannot automatically be assumed that the use of clauses such as those mentioned in §§ 308, 309 BGB against entrepreneurs will normally withstand the content control of §§ 305 ff. BGB. According to Section 307 Paragraph 1, 2 No. 1 BGB, which also applies to the use of general terms and conditions towards entrepreneurs, in cases of doubt, unreasonable disadvantage to the contractual partner is to be assumed if the clause with essential basic principles of the legal regulation from which the deviation is made does not exist is compatible. According to case law, this leads to the clause prohibition catalogs of §§ 308, 309 BGB also gaining indirect significance in commercial transactions via the interpretation of § 307 BGB. 
The clause prohibitions of Section 308 of the German Civil Code (BGB) can generally be transferred to sales between entrepreneurs because the commercial characteristics are taken into account in their scope of assessment. On the other hand, with the prohibitions of Section 309 BGB, such a blanket solution is not possible, but the violation of Section 309 is also an indication of the ineffectiveness of the clause when selling between entrepreneurs. It is advisable to have a case-by-case review carried out by a legal expert before using the General Terms and Conditions.
Transparency requirement
This requirement means that, in case of doubt, a clause in general terms and conditions is unreasonably disadvantageous even if it is not clear and understandable. This requirement means that non-transparent clauses per se are to be regarded as ineffective, without the addition of an unreasonable disadvantage to the contractual partner in terms of content. This also means that the transparency requirement also applies to price regulations and service-describing clauses, which are generally excluded from content control.
Warranty periods
For purchase and work contracts, the warranty period is 2 years. The warranty period can be shortened as follows by General Terms and Conditions:
 
MOVABLE PROPERTY EXCEPT CONSTRUCTION MATERIALS
new                                         - Buyer is consumer                                2 years
                                              - Buyer is entrepreneur                               1 year
used                              - Buyer is consumer                                1 year
                                              - Buyer is entrepreneur                               no
 
CONSTRUCTION MATERIALS (IF INSTALLED)
new                                                                                                               5 years
used                              - Buyer is consumer                                1 year
                                              - Buyer is entrepreneur                               no
 
UNBUILT LAND                                                                 no
 
BUILDINGS
New building                                                                                                         5 years
Old building                                                                                                           no
 
Obligation to report defects
For non-obvious defects, the notice period for defects may not be set in the General Terms and Conditions for less than one year. The start of the period is the start of the statutory limitation period.
Reimbursement of expenses for subsequent performance
In accordance with Section 439 Paragraph 2 of the German Civil Code (BGB), the seller must bear the expenses necessary for the purpose of supplementary performance (e.g. transport, travel, labor and material costs). This obligation may not be excluded by general terms and conditions. 
Limitation on subsequent performance
In the case of a defective item, the buyer can choose to rectify the defect or deliver a defect-free item or, if the conditions are met, also demand compensation. Only if the supplementary performance is not successful, not possible or unreasonable can the buyer – secondarily – assert warranty rights: withdrawal or reduction.  Restrictions solely on supplementary performance are ineffective if the other party to the contract is deprived of the right to a reduction if supplementary performance fails. 
 
Limitations of Liability
Any exclusion or limitation of liability for damages resulting from injury to life, body or health that is based on an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user is invalid.
Amount of late payment interest
From the start of the default, the buyer owes the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, either as a buyer or as a seller, the interest rate is 5% above the base interest rate. In the case of purchase contracts between entrepreneurs, the interest rate is increased to 8% above the base interest rate due to the reform of the law of obligations.

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