Service Agreement

Welcome to Soluna ESS APP and monitor.solunabattery.com

As you are the registered user of our APP & Platform, we would like to let you know about our updated service agreement.

This updated agreement is made against the GDPR issued by E.U.

We are committed to protecting your personal data privacy. As part of our privacy protection practice, we particularly emphasize that the service agreement will always apply when you use our platform.

Hereunder, DLG ENERGY is called WE and OUR, Data Subject is called YOU and YOURS.

1. Services provided

(1) Account Registration

Through email, mobile phone number and third-party social platform (mobile phone number and third-party social platform are limited to the territory of the People's Republic of China, registration of third-party social platform is limited to Soluna ESS application software), we can provide you with the service of registering account, through which you can have your own account.

(2) Create PV plant on line

You can create an on-line power station based on the physical information of your PV power station, and add our collector equipment to the power station to achieve the purpose of mapping your actual power station.

(3) Data collection

Our data logger collects data from devices such as inverters or BMS and sends it to our cloud service system,in which the data is processed and stored.

(4) Big Data Statistics

We collect the data through big data system statistics, and finally display the real-time and historical data of power generation, power consumption, power grid, batteries and so on (depending on the equipment you access and the type of grid connection of your power station).

(5) Data exporting

You can export your plant and equipment data in the Web system for your own further analysis.

(6) Fault Alarming and Notification

You can set whether to receive alarm messages and offline messages, once your power station alarm or offline, we will send mail or text messages to your mailbox or mobile phone.

2. Our Data Policy

(1) Processing

In order to provide you with the above services, we need to process your personal data as follows: collection, recording, organization, construction, storage, modification, retrieval, consultation, use, disclosure, dissemination or other utilization, arrangement, combination, restriction, deletion or destruction, regardless whether the operation is automated or not.

(2) Information providing

When we collect personal data from you, we will provide you with the following information:

A. Our identity and contact details should be provided as well as the identity and contact details of our representatives’ when necessary.

B. Provide detailed contact information for the Data Protection Authority when necessary.

C. If available, providing information about the recipient of personal data

D. Appropriate safeguards have been taken by us

(3) Recording

We will record and retain the personal data information we collected when you use our Soluna ESS software and monitor.solunabattery.com web pages for legal or commercial purposes in order to serve you, fulfill our legal obligations and implement our mutual agreements.

(4) Communicating

We will inform the recipient of the information that we have made corrections, deletions and processing restrictions on data information based on Article 3, paragraph 2/3/4/5, unless we are unable to notify or contain inappropriate actions. We will also inform you of the recipients of this information at your request.

(5) Safety

We use reasonable technical measures to protect your personal data collected. We have also taken a series of measures to prevent security vulnerabilities and unauthorized access to personal data.

A. A. In accordance with GDPR, we will inform you of the basic situation and possible impact of security incidents, the disposal measures we have taken or will take, the suggestions you can take to prevent and reduce risks on your own, and the remedial measures you may take. We will promptly inform you of the event by mail, letter, telephone, push notification, etc. When it is difficult to inform the user of the main body of information one by one, we will adopt a reasonable and effective way to publish the announcement.

B. At the same time, we will report the disposal of user information security incidents according to the requirements of the regulatory authorities.

C. In the case of discontinuation of operation of products and services, we will take reasonable measures to protect the information security of your users, including timely discontinuation of activities to continue collecting your user information; notification of discontinuation of operation will be sent to you in the form of one-by-one service or announcement; and deletion or anonymity of personal information held by you.

D. If beyond the stated purpose when collecting user’s information or before using your user information after beyond the scope of direct or reasonable association, we will inform you again and obtain your express consent.

(6) Notifying

When personal data leaks occurring, we will inform the data regulator of data leaks within 72 hours of discovering data leaks without undue delay, unless such data leaks do not pose any risk to individual rights and freedoms. If we do not inform the regulator within 72 hours, we will explain.

When personal data leakage is likely to endanger your rights and freedoms, we will inform you of personal data information leakage without undue delay.

3. Your rights

(1) Right of Accessing

You have the right to know whether we are processing your personal data information. If so, you have the right to know what information we hold about your personal data and how to use it and who to share it with. You have the right to appeal to the Data Supervisory Authority.

(2) Right of Correcting

You have the right to request us to correct your personal data information without undue delay. You have the right to complete incomplete personal data, including by providing supplementary instructions.

(3) Right of Cancellation

You have the right to request us to delete your personal data information, and we are obliged to delete your personal data information without undue delay for one of the following reasons:

A. Personal data is unnecessary for the purpose of collecting or processing data in other ways.

B. Personal data is illegally processed

C. Personal data must be deleted in order to comply with our statutory obligations under the laws of the EU or member states.

(4) Right of Constraint Processing

In one of the following cases, you have the right to request restrictions on our data processing:

A. You raise an objection on the accuracy of personal data and allow us to verify the accuracy of personal data within a certain period of time.

B. This processing is illegal, and you object to this data processing and request that the use of personal data would be restricted.

C. We no longer need the personal data for this purpose, but you need the personal data for the purpose of establishing, exercising or defending legitimate rights.

(5) Objection

You have the right to object to our processing of your personal data, and we will also consider your requirements. Please provide us with the reasons for the objection so that we can assess whether we have a mandatory legal interest in continuing to process the data or whether we need to continue processing the data for legitimate claims.

4. Your Commitment

(1) You agree that we can process your personal data in order to provide you with the services mentioned in paragraph 1 of Article 2 above. You also have the right to revoke the consent at any time. However, the revocation does not affect the legal effect of data processing based on your consent before revocation.

If you do not agree to the terms of this agreement or withdraw your consent at any time thereafter, we have the right to terminate the service agreement.

(2) In order to serve you better, you agree that we can disclose your personal data information to equipment suppliers and installers at our own discretion.

(3) You agree that you will not engage in any actions that may interfere with the normal operation of our system, nor will you engage in any actions that we think may damage your personal information security.

(4) You know and agree that you have full capacity and authority to disclose or provide us with any personal data information. And you guarantee that our use of these data information under the service agreement will not expose us to any claims, liabilities or lawsuits.

(5) You know and agree that some of the data and information you provide to us may be transferred, stored or processed by our branch companies and equipment service agencies involved in this agreement. This may be different from your location, so this information may be transferred to overseas jurisdictions.

(6) You know and agree that the overseas transfer or processing of such information is necessary for the processing and management of your account and the provision of services to you, and you agree with us to do so. You further agree that we will process this information in accordance with the terms of this agreement in your interest, and you entrust us with the task of transferring, storing and processing this data information to these countries and regions in order to provide you with the services agreed upon in the service agreement.

(7) You know and agree that we have the right to delete, modify or reject any content that you submit, post or display on our Soluna ESS software and monitor.solunabattery.com web pages which we consider to be unlawful and in violation of the terms and conditions of this Agreement and which may hold us or our branch liable.

5. Force majeure

Unless otherwise stipulated in the terms and conditions of the services concerned, we shall not be responsible under any circumstances for any delay, failure or interruption of direct or indirect natural acts, forces or content or services beyond our reasonable control. These factors include, but are not limited to, Internet failures, computer viruses, cyber attacks, long-distance or any other equipment failures, power failures, strikes, labor disputes, riots, rebellions, civil strife, shortages of labour or materials, fires, floods, storms, explosions, God's actions, wars, government actions, orders of domestic or foreign courts or tribunals, or any section. Non-performance of the three parties.

6. Jurisdictional law and dispute settlement

This Agreement shall be governed by the laws of China without regard to its conflict-of-laws provisions. The parties hereto shall submit the dispute to the court of ShangHai city, China for jurisdiction.

7. Complaint suggestion

If you have any complaints about your data processing, please contact our data protector: lip.zhao@dlgenergy.com, we will try our best to solve your requirements.

Our telephone no.: +86-021-57475835

8. Notice of amendment

We reserve the right to amend this Term of Service at any time. Please keep in mind and review it regularly. If we decide to make any changes to the terms and conditions in written form, we will notify you by e-mail or on the Soluna ESS software and monitor.solunabattery.com web page before the change takes effect. In any case, your continued use of any service will constitute an acceptance of any such change.