Terms of Service

Chapter 1 – Definitions

In these Terms of Service, the following terms have the meanings specified below, whether used in singular or plural form.

1.1 Service
The Software-as-a-Service platform offered by Currently, consisting of one or more software components, including but not limited to:

as well as all associated functionalities, reports, updates, extensions and technical support services.

1.2 Currently
The private limited company offering the Service, operating under the name Currently, established in the Netherlands, registered with the Chamber of Commerce, also referred to as "we" or "us".

1.3 User
Any natural person or legal entity that creates an Account or uses the Service, whether or not on behalf of an organisation, also referred to as "you".

1.4 Account
The personal or business user environment through which the User gains access to the Service and in which settings, projects and usage data are stored.

1.5 Subscription
The agreement on the basis of which the User gains access to (part of) the Service for a specified period, whether or not against payment.

1.6 Content
All data, configurations, inputs, files, projects and other information entered, generated or stored by the User in the Service.

1.7 Results
All outputs generated by the Service, including simulations, calculations, visualisations, analyses, indications, reports and exports.

1.8 Simulations
Model-based calculations and visualisations performed by the Service on the basis of data and system parameters provided by the User.

1.9 Intellectual Property Rights
All intellectual property rights and related rights, including but not limited to copyrights, database rights, trademark rights, trade name rights and know-how.

1.10 Agreement
The legal relationship between Currently and the User to which these Terms of Service apply.

1.11 Terms of Service
These Terms of Service, including all associated documents referenced herein.

1.12 Privacy Policy
The separate document describing how Currently processes personal data in accordance with the GDPR.

1.13 Cookie Policy
The separate document describing which cookies Currently uses and for which purposes.

Chapter 2 – Applicability

2.1
These Terms of Service apply to all use of the Service, to every Account, to every Subscription and to every Agreement between Currently and the User.

2.2
By creating an Account, entering into a Subscription and/or actually using the Service, the User declares to have read these Terms of Service and to agree to them.

2.3
Deviations from or additions to these Terms of Service are only valid if expressly and in writing confirmed by Currently.

2.4
If additional or separate agreements are concluded between Currently and the User, such as custom arrangements or business contracts, those agreements take precedence only to the extent they expressly deviate from these Terms of Service.

2.5
The applicability of any general terms and conditions of the User is expressly rejected.

2.6
If any provision of these Terms of Service proves to be null and void or voidable, this does not affect the validity of the remaining provisions. In such case, the parties shall replace the relevant provision with a provision that approximates the purpose of the original provision as closely as possible.

Chapter 3 – The Service

3.1
Currently makes the Service available as a software platform for design, configuration, simulation and visualisation purposes within the domain of energy- and power-related applications, including but not limited to solar panels, inverters, batteries and energy storage systems, electric vehicle charging solutions and related systems.

3.2
The Service is intended as a tool to support design and decision-making. The Service does not provide instructions for physical installation, implementation or commissioning of systems and does not replace expert assessment by a qualified professional.

3.3
The functioning of the Service depends on data, settings and choices entered by the User. The User is solely responsible for the accuracy, completeness and currency of this data.

3.4
Currently reserves the right to modify, expand or restrict the content, functionality and technical operation of the Service, provided that the core functionality of the Service is not materially affected thereby.

3.5
Currently endeavours to develop and maintain the Service with due care, but cannot guarantee that the Service will function at all times without errors, completely or free from interruptions.

3.6
Currently is entitled to temporarily take parts of the Service offline for maintenance, updates or technical modifications. Where reasonably possible, maintenance will be announced in advance.

3.7
The Service may make use of data, services or infrastructure from third parties, including but not limited to external data sources, public registers, calculation models and cloud and network services. The availability, currency and accuracy of these external sources falls outside Currently's direct sphere of influence.

Currently is not liable for interruptions, inaccuracies or temporary unavailability of (parts of) the Service resulting from failures, maintenance or changes by such third parties, including but not limited to external data providers and technical infrastructure partners.

Chapter 4 – No advice, no warranties

4.1
The Service, including all Results and Simulations, is intended solely as a supporting tool for design and decision-making. The Service does not constitute professional, technical, financial, legal or any other expert advice.

4.2
All Results and Simulations are indicative in nature and based on data, assumptions, parameters and external data sources entered by the User. The outcomes may differ from reality and do not constitute a guarantee of performance, yield, suitability or compliance with legal or technical standards.

4.3
The User remains solely responsible at all times for:

4.4
Currently gives no warranty, express or implied, with respect to the accuracy, completeness, currency or reliability of the Service, the Content, the Results or the Simulations.

4.5
Use of the Service and reliance on the resulting Results and Simulations is entirely at the User's own risk and expense.

4.6
The Service does not take into account applicable laws and regulations, standards, permit requirements or subsidy schemes, unless expressly stated otherwise. This includes but is not limited to building regulations, technical standards, grid operator conditions and subsidy schemes.

It is the User's responsibility to independently verify whether designs, configurations, Results or Simulations comply with applicable laws and regulations and qualify for subsidies or other financial schemes.

Chapter 5 – Accounts and use

5.1
To be able to use (parts of) the Service, the User must create an Account. The User is responsible for providing accurate, complete and current information upon registration and during use of the Service.

5.2
An Account is created for the User and may only be used by the User for whom the Account was created, unless expressly agreed otherwise.

If the User is a legal entity or organisation, the User may grant one or more natural persons access to the Service as sub-users within the Account.

All actions performed by sub-users are deemed to have been performed on behalf of and under the responsibility of the User.

5.3
The User is responsible for keeping login credentials secure and for all actions performed via the Account. Currently may assume that actions taking place via an Account have been performed by or under the responsibility of the User.

The User is responsible for managing sub-users, including granting, modifying and revoking access rights. Currently may assume that sub-users act with the permission of and under the responsibility of the User.

5.4
If the Service uses a licence model allowing multiple users within a single organisation to gain access (such as floating licences), sharing access is only permitted within that organisation.

Sharing Accounts or access rights with third parties outside the organisation is not permitted.

5.5
The User is not permitted to use the Service in a manner that:

5.6
If Currently establishes or reasonably suspects that the User is in breach of these Terms of Service, Currently is entitled to take appropriate measures, including restricting, suspending or terminating access to the Account.

In the event of suspension or termination of an Account due to a breach of these Terms of Service, there is no right to a refund, damages or compensation for subscription fees or other charges already paid, nor to compensation for indirect damage, consequential damage or loss of income, including lost revenue, profit or project proceeds as a result of not being able to use the Service (in time).

5.7
In urgent or serious cases, Currently is entitled to take measures without prior warning, if this is necessary to protect the Service, other users or third parties.

Chapter 6 – Subscriptions, pricing and payment

6.1
For the use of (parts of) the Service, the User owes a fee in accordance with the subscription forms and rates applicable at the time of subscription as made known by Currently.

6.2
Subscriptions are entered into for an indefinite period, unless expressly agreed otherwise, and are automatically renewed for successive periods.

6.3
The fee for a Subscription is charged in advance and is immediately due and payable. Payment must be made via the payment methods offered by Currently.

6.4
If the User fails to meet payment obligations on time, Currently is entitled to suspend access to the Service in whole or in part until the payment obligations have been fulfilled.

6.5
Suspension or termination of the Service due to non-payment does not release the User from the obligation to pay amounts already due or still owed.

6.6
Unless expressly stated otherwise, paid fees are non-refundable.

6.7
Currently is entitled to amend its rates and subscription terms. Price changes will be announced in advance and do not apply to periods already paid in advance.

6.8
The User may cancel a Subscription at any time. Cancellation only takes effect at the end of the current subscription period.

Fees already paid for a current subscription period will not be refunded, regardless of the time of cancellation.

6.9
Currently may offer additional functionalities, add-ons or services that can be obtained separately or in addition to a Subscription, whether or not by means of credits.

Purchased credits represent a right of use and are not redeemable for money. Credits are non-refundable and may, where applicable, have a limited validity period as made known by Currently.

6.10
If (parts of) the Service are offered on the basis of use, consumption or other variable factors (usage-based pricing), the User owes a fee in accordance with the actual registered usage.

Usage data registered by Currently is deemed to be correct, unless the User proves otherwise.

6.11
If the Service is offered in whole or in part free of charge, for example within the framework of a trial period, partnership, promotion or otherwise, the Service is provided "as is".

No rights can be derived from free use. Currently accepts no liability in such cases, regardless of the nature or cause of any damage, and is not obliged to provide support, availability, continuity or compensation of any kind.

Chapter 7 – Intellectual property and licence

7.1
All Intellectual Property Rights relating to the Service vest exclusively in Currently or its licensors. This includes, but is not limited to, the software, source and object code, architecture, simulation models, algorithms, databases, user interfaces, documentation and designs.

7.2
The User obtains only a non-exclusive, non-transferable and non-sublicensable right to use the Service in accordance with these Terms of Service and the applicable Subscription.

7.3
The User is not permitted to, without prior written consent from Currently:

7.4
All Content entered or generated by the User in the Service remains the property of the User. The User grants Currently a limited, non-exclusive right of use to process this Content to the extent necessary for delivering, maintaining and improving the Service.

7.5
If the User provides feedback, suggestions or other information to Currently with respect to the Service, the User grants Currently an unlimited, royalty-free right to use and process such information for all purposes related to the Service.

7.6
To the extent the Service provides functionality to export Results, reports, visualisations or other output, the User acquires the right to use these exports for their own internal and business purposes.

This right of use does not include a transfer of Intellectual Property Rights in the underlying software, models, formats or layout of the Service.

7.7
Obtaining a licence or access to the Service does not grant the User any ownership rights with respect to the Service or parts thereof.

The User does not obtain the right to inspect, access or use the source code of the Service, nor any right other than the right of use expressly described in these Terms of Service.

Chapter 8 – User data and content

8.1
The User is fully responsible for all Content entered, generated, stored or processed via the Service. The User warrants that the use of this Content does not infringe the rights of third parties and does not violate applicable laws or regulations.

8.2
Currently does not review Content for substance and is not responsible or liable for its accuracy, completeness or lawfulness, unless mandatory law provides otherwise.

8.3
The User indemnifies Currently against all claims from third parties arising from or related to the Content, including claims for infringement of Intellectual Property Rights, privacy rights or other legal obligations.

8.4
Currently is entitled to take measures with respect to Content if this is necessary to comply with legal obligations, court orders or to protect the Service, other users or third parties.

8.5
Currently is not liable for any damage, loss, lost income or other adverse consequences suffered by the User's customers, clients or other third parties as a result of using the Service, the Content, the Results or the Simulations.

All claims from such third parties must be directed exclusively to the User, who indemnifies Currently in this regard.

8.6
Currently may implement technical measures to prevent loss of Content, Results and Simulations, including creating backups. No guarantees or rights can be derived from such measures.

The User remains solely responsible at all times for making and keeping their own copies of Content, Results and Simulations. Currently is not liable for loss, damage or unavailability of Content, Results or Simulations, regardless of the cause.

Chapter 9 – Availability and maintenance

9.1
Currently endeavours to make the Service available as continuously as possible, but gives no warranty with respect to availability, error-free operation or uninterrupted access to the Service.

9.2
Currently is entitled to temporarily take the Service or parts thereof offline for maintenance, updates, modifications or other technical activities. Where reasonably possible, scheduled maintenance will be announced in advance.

9.3
The availability of the Service may also depend on services, infrastructure and data sources from third parties. Currently is not liable for failures, interruptions or limitations in the Service resulting from shortcomings, maintenance or outages with such third parties.

9.4
Currently is not liable for damage, loss or lost income arising from temporary or permanent unavailability of the Service, regardless of the cause.

9.5
Unless expressly agreed otherwise in a separate written agreement, no service levels or warranties apply with respect to availability, performance, response times or recovery times of the Service.

Chapter 10 – Liability

10.1
Currently's total liability for all damage arising from or related to the Agreement, regardless of its basis, is limited to the extent permitted by law to the lower of:

10.2
If and to the extent that for whatever reason no payment is made under any liability insurance of Currently, Currently's liability is in all cases limited to the amount referred to in article 10.1.

10.3
Currently is not liable for indirect damage, consequential damage or business damage, including but not limited to lost revenue, lost profit, missed savings, reputational damage, loss of data, missed projects or damage resulting from delay.

10.4
The liability limitations apply regardless of the basis of liability, including contractual liability, tort or any other legal basis.

10.5
The limitations on liability contained in this chapter do not apply if and to the extent that the damage results from intent or deliberate recklessness on the part of Currently.

10.6
The limitations on liability contained in this chapter also apply to all liability exclusions, indemnifications and risk allocations included in earlier chapters of these Terms of Service, including but not limited to provisions relating to Results, Simulations, Content, availability of the Service, suspension, termination, third parties, data sources and data loss.

Chapter 11 – Force majeure

11.1
Currently is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure.

11.2
Force majeure includes, but is not limited to: failures or outages of internet or telecommunications facilities, failures at hosting, cloud or infrastructure services, outages of external data sources, cyber incidents, malware, DDoS attacks, power outages, fire, natural disasters, war, terrorism, government measures, pandemics, strikes, labour disputes and other circumstances outside Currently's reasonable sphere of influence.

11.3
If the force majeure situation is temporary in nature, Currently has the right to suspend its obligations for as long as the force majeure situation continues.

11.4
If the force majeure situation continues for more than three (3) months, both Currently and the User are entitled to terminate the Agreement in writing, without an obligation to pay damages arising in that case.

Chapter 12 – Termination and cancellation

12.1
The Agreement is entered into for an indefinite period and may be cancelled by the User in accordance with article 6.8.

12.2
Currently is entitled to terminate the Agreement in whole or in part with immediate effect if the User:

12.3
Upon termination of the Agreement, the User's right to use the Service expires on the date of termination.

12.4
Termination of the Agreement does not release the User from obligations that by their nature are intended to survive termination, including payment obligations and provisions regarding liability, intellectual property and indemnifications.

12.5
After termination of the Agreement, Currently is entitled to delete or deactivate the Account and associated access. Currently is not obliged to retain Content, Results or Simulations after termination, unless mandatory law provides otherwise.

12.6
In the event of termination of the Agreement, regardless of whether this termination is effected by Currently or by the User, access to the Account may be restricted in whole or in part by Currently. The User may in that case retain access to the Account with a limited service offering, as determined by Currently.

If the Account is permanently deleted, regardless of whether this deletion is effected by Currently or by the User, such deletion is irreversible. After deletion, Content, Results and Simulations are no longer accessible, not recoverable and not traceable to the User.

It is the User's responsibility to make any desired exports before termination or deletion of the Account. Termination or deletion of the Account does not give rise to a right to a refund, repayment or any form of compensation.

Chapter 13 – Amendments to the terms

13.1
Currently is entitled to amend or supplement these Terms of Service from time to time.

13.2
Amendments to the Terms of Service will be announced in advance via the Dashboard, by email and/or via the website.

13.3
Amended Terms of Service enter into force at the announced time. If no effective date is stated, the amendments enter into force thirty (30) days after announcement.

Amendments relating to rates, subscriptions or fees are governed exclusively by the provisions in Chapter 6.

13.4
If the User does not wish to accept an amendment, the User has the right to cancel the Agreement before the date on which the amended Terms of Service enter into force, subject to the applicable cancellation provisions.

13.5
Continued use of the Service after the effective date of amended Terms of Service constitutes acceptance of those amendments.

Chapter 14 – Applicable law and disputes

14.1
All Agreements, these Terms of Service and all legal relationships arising therefrom are governed exclusively by Dutch law.

14.2
All disputes arising from or related to the Agreement, the Service or these Terms of Service will, to the extent permitted by law, be submitted exclusively to the competent court in the Netherlands.

14.3
If these Terms of Service are made available in multiple languages, in the event of differences in interpretation or content the Dutch version shall prevail.

Chapter 15 – Final provisions and contact details

15.1
If any provision of these Terms of Service proves to be wholly or partially null and void or voidable, this does not affect the validity of the remaining provisions. In that case, the parties shall replace the relevant provision with a provision that aligns as closely as possible with the intention and purport of the original provision.

15.2
Currently is entitled to transfer its rights and obligations under the Agreement to a third party, for example in the context of a restructuring, acquisition or transfer of business activities.

15.3
Notices that must be given in writing under these Terms of Service may also be given electronically, including communication via the Dashboard or by email, provided that the origin and integrity of the message are sufficiently established.

15.4
Currently's records and electronic systems serve as conclusive evidence of the existence, content and performance of the Agreement, unless the User provides counter-evidence.

15.5
Questions about these Terms of Service or the Service may be directed to: