Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all contracts regarding the use of software solutions and services provided by Calvergy UG (limited liability), c/o Collective Incubator, Jülicher Straße 209 q-s, 52070 Aachen (hereinafter "Calvergy" or "we") on the website calvergy.com.

Deviating terms and conditions of the user do not apply unless we have expressly agreed to their validity in writing.

Individual agreements made with the contractual partner in individual cases (including collateral agreements, additions and amendments) and information in our order confirmation take precedence over these general terms and conditions. For the content of such agreements, a written contract or our written confirmation is decisive, subject to proof to the contrary.

Legally relevant declarations and notices of the buyer regarding the contract (e.g., notices of defects, setting of deadlines, withdrawal or reduction) must be submitted in writing, i.e., in written and text form (e.g., letter, email, fax). Further statutory formal requirements and additional evidence (possibly in case of doubts about the legitimacy of the declarant) remain unaffected.

2. Services of Calvergy

Calvergy offers, in addition to consulting, a web-based platform for modeling, analyzing, and optimizing energy systems. Usage can be free or paid, depending on the contract.

The exact scope of services is defined in the service description on the website or in individual offers.

3. Registration and Contract Formation

Using the platform may require registration. A usage contract between the customer and Calvergy is formed upon completion of the registration process or an order through our website.

The contract is formed either by accepting an offer from Calvergy or by confirming registration through our platform.

4. Prices and Payment Terms

For paid services, the prices stated on the website or in individual offers apply. All prices are net, plus statutory VAT.

Payments are made through the offered payment methods. Billing can be monthly or yearly unless otherwise agreed.

The customer is in default if the aforementioned payment period expires. During default, the due amount is to be charged interest at the respective applicable statutory default interest rate according to § 288 II BGB in the amount of nine percentage points above the respective base interest rate. We reserve the right to assert further default damages.

If it becomes apparent after conclusion of the contract that our claim for payment of the purchase price is endangered due to lack of performance capacity on the part of the customer (e.g., through application for opening of insolvency proceedings), we are entitled according to the statutory provisions to refuse performance and, if necessary after setting a deadline, to withdraw from the contract (§ 321 BGB).

5. Usage Rights

Calvergy grants the customer a simple, non-transferable, and non-sublicensable right to use the provided software and content, exclusively within the scope of the contractually agreed purposes.

Any commercial distribution or use outside the platform is prohibited unless explicitly permitted.

6. Service Availability

Calvergy strives to provide uninterrupted platform availability. However, maintenance times, technical disruptions, or force majeure may lead to temporary restrictions.

There is no claim to continuous, uninterrupted use of the services.

7. Liability

Calvergy is liable without limitation for damages resulting from injury to life, body, or health, as well as in cases of intent or gross negligence.

For simple negligence, Calvergy is only liable for breaches of essential contractual obligations (cardinal obligations), limited to typically foreseeable damage.

Any further liability is excluded.

8. Term and Termination

The contract term is based on the respective agreement. For indefinite contracts, the user can terminate the contract at any time with 14 days' notice to the end of the month.

The right to extraordinary termination for good cause remains unaffected.

9. Privacy

Information on the processing of personal data can be found in our Privacy Policy.

10. Final Provisions

Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.

For these General Terms and Conditions and the contractual relationship between us as service provider and the customer, the law of the Federal Republic of Germany applies, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Aachen.

If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a public-law special fund, our place of business in Aachen is the exclusive, and also international, place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the buyer is an entrepreneur within the meaning of § 14 BGB.