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The etaMIND® AI Suite delivers fully managed AI solutions – covering setup, training, and ongoing maintenance.
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Our platform is built with multi-layer protection to ensure safe, reliable operation in critical infrastructures.
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AI Cuts Ventilation Energy Use by 60% at Stellantis Paintshop
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Significant Savings for a Leading Pharma Company
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Optimal Control for Data Center Cooling Systems
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Optimizing Automotive Production: AI-Driven Cooling System Enhancements
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Our costumers reduce energy & operational costs, emissions, risks & create peace of mind at operations & energy management.
For any energy infrastructure – vendor-independent.
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Electric
Cooling
Heating
Ventilation
AI Cuts Ventilation Energy Use by 60% at Stellantis Paintshop
Read success story
Significant Savings for a Leading Pharma Company
Read success story
Optimal Control for Data Center Cooling Systems
Read success story
Optimizing Automotive Production: AI-Driven Cooling System Enhancements
Read success story
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etalytics Secures €8M Series A Funding and Launches New Partnership
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AI Cuts Ventilation Energy Use by 60% at Stellantis Paintshop
Read success story
Significant Savings for a Leading Pharma Company
Read success story
Optimal Control for Data Center Cooling Systems
Read success story
Optimizing Automotive Production: AI-Driven Cooling System Enhancements
Read success story
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Legal Notice

Terms

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Contractual Relationship

1.1 Subject Matter,

1.1.1 This document contains the general terms and conditions ("GTC") under which etalytics GmbH ("etalytics") provides services to its customers.

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1.1.2 The subject matter of these GTC is all services provided by etalytics to its customers. Services may include the provision of hardware or software, support, or other services related to the "etaONE" platform, the “etaEDGE” gateway or the various platform modules (etaMODULES) of etalytics.

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1.1.3 These GTC shall apply even if the contractual partners enter into future agreements regarding etalytics' services without etalytics referring to these GTC again. This applies, in particular, to service offerings that will be created by etalytics in the future. Etalytics offers its services to the customer only on the basis of these GTC.

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1.1.4 By including these GTC, any previous General Terms and Conditions of etalytics shall be replaced.

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1.2 Provisions and Order of Precedence

1.2.1 The content of the contract is primarily determined by the provisions made in etalytics' offer, followed by the documents listed below in the respective order:

• "Module Descriptions" for the offer,

• other service descriptions according to clause 1.2.2, • user manuals,

• these GTC

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1.2.2 Other service descriptions result from the features or other information regarding a product or service ("Product Descriptions")presented by etalytics before or at the conclusion of the contract and the price lists.

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1.2.3 The service descriptions may also determine the scope and modalities of the service provision. Service descriptions apply only if they have been provided by etalytics digitally or in paper format as texts or images. Oral information does not constitute a service description unless confirmed by etalytics in written form.

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1.3 Formation of Contracts

1.3.1 A contract is concluded when the customer accepts etalytics' offer in written form or when etalytics grants the customer access to the etaONE platform according to the offer, and the customer starts using etalytics' provisioning services.

1.3.2 Etalytics does not accept any GTC of the customer that deviate from these GTC in whole or in part unless expressly agreed upon in writing. This also applies if etalytics provides the services without reservation despite being aware of conflicting GTC of the customer. Only the management or employees authorized in writing by the management of etalytics are authorized to grant approval.

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§2 Technical basis and conditions of use of the services

2.1 etalytics is free to implement and design its services as long as the service descriptions do not contain specific requirements. This also applies to compliance with standards (e.g., DIN, ISO, BSI).

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2.2 It is the customer's responsibility to determine the technical and other requirements for the use of etalytics' services, especially the IT resource requirements ("System Requirements"), and to establish them before using the services. This does not apply if etalytics has examined the technical feasibility regarding the specific systems or the System Requirements at the customer as its own service.

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2.3 etalytics may communicate the SystemRequirements or system recommendations on a case-by-case basis, include them in the service descriptions, or provide them on its digital information platforms. System requirements published by etalytics are non-binding minimum requirements for the use of etalytics' services at the time of publication. etalytics is exempt from its own (subsequent) performance obligations and(defect) liability to the extent that they are not significantly affected by non-compliance with the minimum requirements.

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2.4 The System Requirements will be adjusted by etalytics from time to time based on technological progress and do not represent the characteristics of etalytics' services for the entire contract term.It is the customer's responsibility to check whether the System Requirements or system recommendations have changed immediately before agreeing to (further) services. This also applies when etalytics becomes aware of the intended use of etalytics' services by the customer.

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2.5 If etalytics provides the System Requirements required for a product in the service descriptions, it is solely the customer's responsibility to check and ensure compatibility if they deviate from the recommendation.

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2.6 etalytics is only responsible for the expressly and specifically agreed components. Additional software, hardware, access, telecommunicationor data services, other services, or objects required to connect or install etalytics' services with the customer's systems or to use etalytics'services must be procured and provided by the customer at their own expense. This particularly applies to racks, connections, and patch or other cables. If etalytics nevertheless provides such components, they will be charged at etalytics' general prices.

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2.7 To use certain functionalities, data interfaces to the customer's sensors and actuators are required. etalytics offers data processing through certain industry-standard protocols. It is the customer's responsibility to verify whether the sensors and actuators they use can communicatevia the interfaces offered by etalytics and have correctly implemented the standard protocols.

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2.8 To ensure smooth operation of etaONE, the software regularly transmits technical metrics andl og files to etalytics. This transmission involves data that is exclusively technical in nature and does not contain any sensitive or personal information. The data is used to enhance the performance of the software, diagnose errors, and facilitate preventive maintenance.

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3.1 General

3.1.1 The etaONE platform is a software for monitoring, analyzing, modeling, and mathematically optimizing energy systems and facilities. It provides functionalities for capturing, storing, and evaluating time series and metadata through various modules.

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3.1.2 etalytics offers different alternatives for the provision of software:

• Software installed on the customer's IT resources ("On-Premises")

• Access to the software's functionalities over the internet (Software as a Service, "SaaS")

• Software pre-installed on hardware.

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3.1.3 The subject of software provision is always the current version of the program.

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3.1.4 Any documentation beyond the comments and explanations in the software itself is only provided if explicitly agreed upon.

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3.2 Changes, New Program Versions

3.2.1 etalytics is entitled to modify, expand, or adapt the software at any time, including through updates, new versions, or the replacement of software or hardware components. Such new program versions may also lead to changes in the technical requirements for usage. Updates may also affect functionalities, algorithms, and calculation methods by limiting or removing them.

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3.2.2 In the case of automated updates of software components, such as in SaaS, it is the customer's responsibility to check whether updates contain relevant changes. etalytics may refer to digital accessible information, especially on the internet, to indicate changes through updates.

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3.2.3 The manual installation of a new program version requires a minimum of 14 days' notice. However, etalytics is entitled to shorten or waive the notice period if measures are necessary to maintain the security or integrity of etalytics' information technology systems, and longer waiting is considered inappropriate. In such cases, etalytics shall provide immediate notification as soon as possible.

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3.2.4 If the customer believes that their legitimate interests are unreasonably affected by a new program version, they must immediately inform etalytics in writing about the negative effects to provide etalytics with the opportunity to mitigate or eliminate the effects. New program versions necessary for maintaining the security or integrity of etalytics' information technology systems are deemed reasonable. If installing a new program version is unreasonable for the customer, etalytics may continue to provide services based on the old program version or terminate the contract if continuation becomes unreasonable for etalytics.

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3.2.5 New program versions must only be compatible with the most recently provided program version, unless the parties explicitly agree on a different program version as the basis for further update services (Fork).

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3.3 Special Provisions for SaaS

3.3.1 In the case of SaaS, the service consists of providing access to the etaONE platform for the use of software functionalities. etalytics operates the etaONE platform on an external IT infrastructure (Cloud) and provides the customer with internet access to the software functionalities through a user account.

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3.3.2 A certain storage quota for operational data is included in SaaS provision, and the extent is specified in the offer. If the storage quota is exceeded, the customer must pay for the additional storage space according to the current price list.

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3.4 Special Provisions for On-Premises Licenses

3.4.1 On-Premises licenses involve the installation of software in a running form on the customer's IT resources.

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3.4.2 The installation is carried out by etalytics remotely at the customer's premises. The customer must provide suitable IT resources in accordance with the specified system requirements for the agreed installation date and grant etalytics remote access for the installation. The customer must also ensure the availability of a knowledgeable administrator to explain the provided IT resources or address questions from etalytics during installation.

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3.5 Usage Rights

3.5.1 Software and its associated documentation are legally protected. Copyrights and other intellectual property rights, patents, trademark rights (including marks and titles),all other industrial property rights, and intellectual property rights to the software and documentation provided or made accessible to the customer by etalytics during contract initiation or execution are exclusively owned by etalytics.

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3.5.2 Any use of the software not expressly permitted or not required to achieve the contract's purpose is prohibited.

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3.5.3 The customer is authorized to use the software for internal company purposes during the contract's term.

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3.5.4 Usage rights are non-exclusive and limited to the duration of the usage contract.

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3.5.5 When the software is provided as SaaS, the customer receives the opportunity to administer or use the software's functionalities over the internet for the contractually specified purposes. The software is not provided on the customer's computers, and the customer does not obtain any proprietary rights to the software. In particular, the customer is not entitled to download, store, reproduce, or modify the software.

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3.5.6 When the provision is made as "On-Premises," the customer is only entitled to use the installed, unmodified software for the agreed purposes. Any further installation or independent reproduction of the software, including cloning, is prohibited.

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3.5.7 The customer does not acquire separate rights to the software provided on the hardware. The software may only be used for the hardware's intended purpose.

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3.5.8 The customer is not entitled to change, modify, or otherwise interfere with the software in a way that deviates from the agreed usage.

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3.5.9 The customer is not allowed to fully or partially transfer the software to a third party, grant a third party the right to use the software, or use the software on behalf of a third party, unless expressly permitted by the usage agreement or the service description.

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3.5.10 The transfer of customer rights to an entire software package or parts thereof, as well as any other exploitation acts, including rental, lending, and distribution in physical or nonphysical form, are not allowed. The customer's rights to program copies for which exhaustion has occurred remain unaffected.

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3.5.11 The customer shall be held responsible for any usage by third parties if they use the access and usage options provided by the customer, as long as this is attributable to the customer. This particularly applies to the usage of separately chargeable services.

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3.5.12 Copying and modifying, transferring, publishing, or otherwise improperly using all offered services by the customer or a third party is prohibited unless etalytics has expressly and in writing released such usage. The release is at etalytics' discretion.

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3.5.13 If the customer is legally entitled to create backup copies and no contrary agreement has been made, the customer may reproduce the software to create the necessary backup copies for secure operation. The backup copies must be marked as such and remain labeled with etalytics' copyright notice.

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3.5.14 Copyright notices on or in software or documentation must not be deleted, altered, or otherwise suppressed.

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3.5.15 If the customer lawfully possesses original data carriers or backup copies of the software, these must be kept secure and protected against unauthorized access.

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3.5.16 etalytics may temporarily or permanently prohibit, block, and/or terminate the customer's use or access to the software if the customer significantly exceeds their usage rights, violates provisions for protection against unauthorized use, or engages in unauthorized use according to clause 8. etalytics must provide the customer with a reasonable deadline for remedy, if feasible. A usage prohibition or blocking does not simultaneously constitute a termination of the contract. After the usage prohibition, the customer must confirm the cessation of usage in writing to etalytics. etalytics retains the right to claim compensation for the contractually non-compliant usage and/or any further claims. The customer has the right to regain usage or access if they can prove that they have discontinued the contractually noncompliant usage and have taken effective measures to prevent any future contractually non-compliant usage.

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3.5.17 The customer has no entitlement to the provision of the source code of the software and does not receive any usage or other exploitation rights to it. Libraries, drivers, documentation, and user manuals are also only subject to the granting of usage rights if expressly agreed upon. The customer's right to error correction exists only if etalytics has been given the opportunity to correct the error itself and has not done so within abreasonable period.

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3.5.18 The customer's rights always pertain to the current version of the software provided by etalytics. If etalytics has made a new version of the software available to the customer, the authorization to use the previous version ends. As long as the customer is authorized not to install a new version of the software, they remain authorized to use the old version.

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3.5.19 Upon the termination of the customer's usage rights, the customer must irrevocably delete all copies or installations of the software provided by etalytics, unless the customer is legally obligated or entitled to retain it for a longer period. In such cases, the obligation to delete arises immediately after the end of the retention period. The customer must confirm the deletion in writing to etalytics upon request. The customer has no right to retain the software after the usage rights have ended.

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3.5.20 The customer may only decompile the interfaces of the software within the limits and in compliance with all provisions of § 69e of the German Copyright Act (UrhG) and only after notifying etalytics in writing about their intention to decompile and requesting the necessary information with a notice period of at least 2 weeks. All knowledge and information obtained by the customer during the decompilation process must be treated as strictly confidential and may only be disclosed with the explicit, written, prior consent of etalytics. Before involving any third party, the customer must obtain a written declaration from the third party committing to maintain strict confidentiality regarding all information obtained through the decompilation. Section69e (2) of the German Copyright Act remains unaffected

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3.6 Support and Service Level

Support services are governed by the provisions in Appendix A "Service Level Agreement.

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§4 Provision of the Gateway for a Limited Time

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4.1 The provisions of this section apply in addition to and take precedence over other clauses regarding the provision of the etaEDGE IIoT Gateway("Gateway").

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4.2 The customer may only terminate the contract due to non-granting of contractual use after etalyticshas been given a reasonable opportunity to remedy the defects, and such attempts have failed.

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4.3 The customer shall be liable for any damages present in the Gateway upon return, unless they can prove that they are not responsible for the damage.

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4.4 Any use of the Gateway after the termination of the contract is prohibited. If the customer continues to use the Gateway without etalytics' consent, they shall pay etalytics the compensation generally requested by etalytics for such usage, unless the customer can prove significantly lower damages incurred by etalytics. Further claims for damages by etalytics remain unaffected.

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4.5 Installation

4.5.1 The customer will receive the Gateway within one month after contract conclusion, unless agreed otherwise. The installation can either be carried out by the customer themselves, with instructions provided by etalytics, or, upon the customer's request, by etalytics as an additional service according to the current price list.

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4.5.2 In the case of SaaS provision, installation requires an internet connection.

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4.5.3 In the case of On-Premises provision, installation requires access to the customer's own server.

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4.5.4 Access is also required to other relevant facilities, sensors, actuators, and meters of the customer that are intended to be controlled or read by the platform.

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4.6 Maintenance, Defect Rectification, and Updating

4.6.1 etalytics will maintain the Gateway during the provision period. Maintenance includes technical support, providing updates, information, and assistance with its use.

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4.6.2 etalytics is entitled to perform maintenance measures even if the customer requests the rectification of a defect in the hardware.

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4.6.3 Hardware maintenance can include the installation of updates on the provided devices or the replacement of devices or components.The customer is required to provide all reasonable cooperation for hardware maintenance, including but not limited to:

• Enabling remote access

• Exchanging components

• Describing malfunctions

• Making adjustments for error correction

• Providing suitable personnel for fault analysis

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4.6.4 etalytics is entitled to make changes to the provided Gateway for maintenance purposes. Improvements may only be made if they are reasonable for the customer and do not impair the contractual use of the hardware.

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4.6.5 With the customer's consent, etalytics may replace the hardware or individual components for the purpose of defect rectification. The customer shall not unreasonably withhold their consent and provide suitable cooperation, following the provisions in 4.6.3 analogously.

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4.6.6 It is the customer's responsibility to promptly notify etalytics of any defects, malfunctions, or damages. If the customer fails to notify Etalytics, they forfeit their rights if they pay the agreed compensation for the affected service in full and without reservation for at least 3months.

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4.7 Transfer

4.7.1 Without the prior explicit consent of etalytics, the customer is not permitted to transfer the Gateway to third parties, sell, rent, or otherwise permanently or temporarily dispose of or grant third parties the right to use the Gateway.

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4.7.2 The use by the customer's employees or other third parties, subject to the customer's instructions within the scope of the intended use is always permitted.

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§5 Quality of AI Services, Models, and Calculation

5.1 etalytics' services may be based on complexalgorithms, models, mathematical formulas, or methods of Artificial Intelligence ("AI"). Errors can occur in these foundations, during implementation, configuration, presentation, and interpretation. It isthe customer's responsibility to verify the suitability, correctness, and absence of undesired features in the data collected by them and processed through etalytics' services.

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5.2 The customer performs an appropriate plausibility and sample check regarding the results of etalytics'services ("calculation results"), especially before basing economic decisions on calculation results.

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5.3 etalytics assists the customer in creating a security concept to mitigate risks arising from the use of calculation results. It is the customer's responsibility to determine the appropriate technical and organizational measures for safeguarding against damages that may arise from the use of faulty or undesired calculation results, to implement the security concept, and to review it at reasonable intervals. etalytics is not capable of and not obliged to identify the corresponding risks and evaluate the measures taken with regard to these risks.

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5.4 If etalytics' services are aimed at optimization, it should be understood that, unless expressly agreed otherwise, this only involves approximating specific characteristics in the processed data to a target value. Optimization is, therefore, a mathematical process. Any interpretation or application to goals beyond the data requires a thorough analysis of their significance.

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5.5 If AI methods are used to recognize patterns, derive statements or forecasts from data, it is thecustomer's responsibility to verify the suitability for their own purposes, especially in terms of the error tolerances of recognition and forecasting. Machine learning methods derive results from criteria that may not be immediately comprehensible. Therefore, etalytics does not warrant that the results represent a specific quality concerning the processed data.

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5.6 etalytics employs artificial intelligence (AI) for the continuous improvement of the functionality of the etaONE software. To this end, etalytics authorised to extract learned parameters from AImodels and use them for product development, as well as to share AI models and the extracted learned parameters between different customer installations to increase the effectiveness and efficiency of the models. The use of these models and parameters significantly contributes to product improvement and enables etalytics to continuously provide improved solutions that are specifically tailored to the requirements of comparable energy systems. The rights to the learned parameters and the further developed AI models remain with etalytics.

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§6 Customer's Obligations, EspeciallyCooperation

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6.1 The customer must designate at least one competent contact person who can provide legally binding declarations on behalf of the customer or

expedite such declarations in a timely manner. This

contact person should be familiar with the customer's IT infrastructure and software.

6.2 The customer declares that all information provided in connection with the conclusion of the contract is truthful and complete. Any changes to this information that are relevant to the contractual relationship must be promptly communicated to etalytics without prompting. This particularly applies to information that determines the customer's eligibility to use etalytics services.

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6.3 The customer must provide reasonable support to etalytics in the execution of services, particularly by promptly responding to inquiries and providing cooperation as specified in the service descriptions. The customer should proactively inform etalytics of any foreseeable delays in cooperation or other impediments to service provision within their domain.

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6.4 The customer shall keep their system environment up-to-date. However, before updating components, the customer must ensure compatibility with etalytics' services.

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6.5 The customer shall make appropriate preparations for handling disruptions or failures in etalytics' services, especially in cases where a product does not work properly in whole or in part, or the availability of a service is restricted. The customer is particularly responsible for regular and case-specific data backups and troubleshooting. Case-specific data backups are required, especially before all appointments for remote maintenance, remote access, or on-site activities by etalytics for the purpose of updating, modifying, or configuring software. It is the customer's responsibility to backup data that is intended for transmission to the gateway or platform, at their own discretion.

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6.6 Prior to reporting faults, seeking support services,or asserting defects, the customer must, to a reasonable extent, examine the information provided by etalytics or other providers regarding the relevant service, especially troubleshooting instructions.

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6.7 The customer must explicitly inform etalytics of anyspecial risks, particularly regarding data availabilityor integrity, that could arise during the execution ofservices at all appointments.

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6.8 If the installation, configuration, replacement ofhardware, software, or any other service is due, thecustomer must ensure that etalytics is granted freeaccess to the affected premises and racks at thescheduled appointment. The customer must alsoprovide a suitable contact person on-site who cananswer technical questions about the existinginfrastructure and possess the necessaryknowledge and rights to make any adjustments orinstallations to the customer's systems, oralternatively, allow remote access (digital access).For on-site activities, etalytics must be providedwith a workplace with internet and power accessand user data for administration purposes.

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6.9 Any specific regulations of the customer that areintended to apply to etalytics' activities or those ofits employees at the customer's place of business orfor access to the customer's IT resources (e.g.,security policies, authorization concepts, provisionsfor on-site activities, confidentiality agreements)must be communicated to etalytics by the customerin a timely manner, at least 2 weeks before a serviceappointment. etalytics' employees are not authorized to represent etalytics on such matterson-site.

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6.10 The customer shall provide necessary(specialized) information, test data, materials, anddocumentation (hereinafter referred to as"customer material") in the format required byetalytics. etalytics will destroy this customermaterial when it is no longer needed for contractualor legal purposes, unless otherwise agreed.

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6.11 It is the customer's responsibility to examinethe admissibility of the intended use of etalytics'services and service results and their suitability forthe intended use, particularly in economic terms.etalytics only undertakes such examination as anadditional service upon explicit agreement forspecific uses.

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6.12 The customer is obliged to ensure that agentsand assistants comply with the obligations of thissection 6 towards etalytics.

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6.13 etalytics is not responsible for performance restrictions resulting from a breach of duty or obligation by the customer, unless etalytics is responsible for such breach intentionally or through gross negligence. If the customer is in default with cooperation or fails to cooperate properly, etalytics may demand reasonable compensation, including any standby costs. Other rights of etalytics resulting from default or the customer's breach of duty, particularly claims for damages, remain unaffected.

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6.14 The customer must promptly inspect and verify delivered or provided goods and services. Section377 of the German Commercial Code (HGB) applies,if applicable.

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§7 Availability

7.1 Where etalytics indicates or agrees on the availability of SaaS services, this shall generally be considered a target agreement. The availability is dependent on third-party services outside the responsibility of etalytics, for which etalytics does not assume liability. The decisive factor for availability is that the platform or specific program runs and responds on the server used by etalytics. Not included in the responsibility are, in particular, the hardware and software environment at the customer's or users' end, as well as the transmission paths.

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7.2 Times of unavailability resulting from necessary updates, maintenance, and service work on IT resources ("downtimes") will be counted as downtime for availability calculation. etalytics will make efforts to schedule downtimes during periods of low utilization, especially during nighttime.etalytics will announce downtimes unless measures to avert specific threats to the security and integrity of the systems require immediate downtime.

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§8 Prohibited Use

8.1 All uses of the services by the customer that may impair the confidentiality or integrity of etalytics' information technology systems are prohibited. Additionally, any uses that do not serve the contractually specified purposes of the services or exceed the typical scope of use are also considered prohibited.

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8.2 A significant exceeding of the scope of use occurs when the actual usage significantly deviates either(i) from the individually agreed criteria for determining the extent of usage, based on which the remuneration is calculated, or - in the absence of individual contractual regulations - (ii) from the typical, expected usage behavior of the customer.The following criteria may be relevant fordetermining this:

• Number of connected locations,

• Number of connected data points (read/write),

• Number of users,

• Storage quota,

• Unlocked modules and functionality,

• Number of started minutes for Script Runner oncloud resources (etaSCRIPTS module).

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§9 Remuneration, Billing

9.1 The one-time and recurring fees are specified in theoffer or the general price lists of etalytics.

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9.2 Unless otherwise agreed, the agreed remunerationis due annually and must be paid accordingly.

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9.3 Payments are generally due in advance on the 3rdbusiness day of the billing period.

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9.4 If etalytics provides services that are not specifiedor priced in the contract, etalytics shall be entitledto remuneration based on the actual effort at thegeneral hourly rates of etalytics.

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9.5 In the event of a significant exceeding of the scopeof use according to clause 8.2, etalytics shall beentitled to remuneration according to the generalprice list or, alternatively, a reasonableremuneration.

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9.6 In the event of the customer's payment default,after fruitlessly setting a reasonable deadline to thecustomer, with simultaneous threat of blockingaccess to etalytics' services, etalytics is entitled toblock access until the payment is received. Thisdoes not apply to insignificant default amounts upto 5% of the remuneration for the affected etalyticsservice. The obligation to pay the agreedremuneration remains unaffected by this.

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9.7 Unless expressly stated otherwise, all prices areunderstood to be net prices plus value-added tax.

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9.8 etalytics reserves the right to reasonably adjust theagreed remuneration of an ongoing contractualrelationship with a notice period of 6 weeks beforethe effective date, provided that the underlyingcalculation bases for pricing, such as costs forpersonnel, materials, operation and softwaremaintenance, state/regulatory taxes, levies, fees,and costs of third-party components, havechanged, and only to the extent that this results in a change in the overall price. Once the annualremuneration increases by more than 5%, thecustomer may terminate the contract to beeffective at the time of the price adjustment. Thetermination must be made no later than 2 weeksbefore the price adjustment takes effect. etalyticswill inform the customer of the special terminationright in the announcement of the price adjustment.If the calculation bases mentioned in sentence 1decrease, the customer may demand a pricereduction corresponding to the decreasing costs.The customer may assert this claim with a noticeperiod of 6 weeks.

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§10 Liability

10.1 The following provisions regarding liability and warranty by etalytics apply to all claims for damages, defects, or replacement claims by the customer arising from or in connection with the performance of etalytics' services, regardless of thelegal basis on which they are based (e.g., warranty,default, impossibility, any breach of duty, existenceof an impediment to performance, unlawful act,etc.), but do not apply to claims of the customer:

• for damages resulting from the violation of life,body, or health,

• due to intentional concealment of a defect by etalytics or the absence of a characteristic for which etalytics has assumed a guarantee,

• based on intentional or grossly negligent behavior by etalytics or its legal representatives,

• under the Product Liability Act.

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10.2 The statutory provisions shall apply to theabove exceptions.

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10.3 etalytics shall be liable for slight negligence only in the case of a breach of essential obligations, i.e.,obligations whose fulfillment is essential for the proper performance of the contract, whose violation endangers the achievement of the purpose of the contract, and on whose compliance the customer can regularly rely (cardinal obligations). In the event of a breach of a cardinal obligation, liability is limited to the typically foreseeable damage under the contract, but in any case to a maximum of EUR 25,000.00 per damage event. This also applies to lost profits and savings not realized. Liability for other indirect consequential damages is excluded.

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10.4 In all other respects, etalytics' liability for slight or simple negligence is excluded.

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10.5 etalytics assumes no duty of conduct towards the Customer for the negligent breach of which etalytics is liable.

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10.6 etalytics shall be liable for grossly negligentdamage caused by its vicarious agents, limited tothe compensation of the typical and foreseeable damage for etalytics at the time of contract conclusion.

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10.7 The non-fault-based liability of etalytics in the area of rental and similar usage relationships forexisting defects at the time of contract conclusionis expressly excluded.

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10.8 etalytics shall not be liable for defects in connected third-party components, the customer'sproprietary software, or the interfaces used for connection, unless provided by etalytics itself.

10.9 etalytics shall not be liable for the third party'sbreach of obligations towards the providers of the connected third-party components. The customer is responsible for assessing the practical or legal consequences, such as additional costs, functionality restrictions, security risks, or potential damages resulting from the connection to etalytics, at their own responsibility.

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10.10 etalytics is not responsible for the customer's data on the connected third-party components.The customer shall ensure that the data is adequately protected against destruction, loss,etc., and shall perform regular backups in particular.

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10.11 Performance disturbances due to force majeure(especially strikes, lockouts, official orders, natural disasters, epidemics, or pandemics, failure of communication networks or network components,disruptions in the services of carriers) shall not be attributable to etalytics

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10.12 etalytics reserves the right to raise the defence of contributory negligence, in particular with regard to the customer's obligations regarding data backup and protection against malicious software according to the current state of technology.

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10.13 In the event of data loss, etalytics shall, in the case of a local (On-Premises) installation of the software, only be liable for the restoration effort that would be required assuming proper data backup by the customer. If the software is provided in a cloud environment operated by etalytics,etalytics is responsible for ensuring data backup.

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10.14 For services used under the license conditions of third parties, the liability provisions of the respective license shall take precedence and be final. If these provisions do not apply, this clause 10shall apply in a subordinate manner.

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10.15 The provisions of this clause 10 shall apply accordingly to claims of the customer against organs or employees of etalytics.

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§11 Confidentiality

11.1 The contracting parties undertake to keep all

confidential information made accessible to them in connection with this contract confidential in definitely. Confidential information includes information that is either marked as protected or confidential or otherwise designated as such, or information that, given the circumstances of its disclosure, is reasonably recognizable as confidential or constitutes trade secrets within the meaning of § 2 No. 1 GeschGehG.

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11.2 The above confidentiality obligation does not apply if and to the extent that the respective information is demonstrably (i) publicly known or becomes publicly known without the recipient's fault and without violating this confidentiality obligation, (ii) part of the state of the art or becomes part of the state of the art, (iii) already known to the recipient at the time of transmission,(iv) lawfully made known or accessible to the recipient by a third party, or will be lawfully made known or accessible by a third party, (v) required to be disclosed due to legal provisions or enforceable official orders or court decisions. The burden of proof for the existence of an exception lies with the respective information recipient. The other contracting party shall be informed in a timely manner before the information is disclosed to third parties.

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11.3 Each contracting party shall take appropriate precautions to safeguard the confidential information of the other party, at least the measures required according to § 2 No. 1 b)Gesch GehG. Each contracting party shall disclose confidential information of the other party to its bodies, employees, consultants, or subcontractors only subject to this confidentiality obligation, to which the recipients shall then be subject accordingly.

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§12 Data Protection

12.1 etalytics processes personal data only in accordance with applicable legal regulations, especially the General Data Protection Regulation(GDPR) and the Federal Data Protection Act (BDSG).

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12.2 The customer is obligated to ensure the legality of data processing activities associated with the use of etalytics' services, especially those that occur onor via IT resources within etalytics' responsibility. In particular, the customer shall inform etalytics if personal data is involved.

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12.3 The customer assumes responsibility for fulfilling all data protection information obligations, especially those under Art. 13 or 14GDPR, towards data subjects from their own area of responsibility, including employees, for the processing of personal data by etalytics for contract performance.

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12.4 If etalytics processes personal data on behalf of the customer (Art. 28 GDPR), the parties shall conclude a separate data processing agreement based on the standard template generally used by etalytics.

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§13 Term of Contract, Termination, Termination of the Contract

13.1 The contract shall commence at the latest upon the commencement of the use of services provided by etalytics and shall have a fixed term of 12months, unless otherwise agreed. Regular termination is excluded for the fixed term.

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13.2 The contract can be terminated with a notice period of three months to the end of the term; otherwise, the contract will be automatically extended for an additional 12 months.13.3 The right of both parties to terminate for an important reason remains unaffected. An important reason for etalytics shall especially existif:• The customer provides false information to etalytics resulting in a remuneration that is significantly lower than contractually agreed.• The customer substantially and improperly uses the software or other services.• The customer is in arrears with payment of the remuneration or a significant portion of the remuneration for either two consecutive months or for a period longer than two months, with an amount of at least two monthly payments.

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13.4 Notice of termination shall be given in written form.

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13.5 Access rights and performance claims of the customer will be blocked or terminated to the extent specified in the termination notice. etalytics is entitled to delete data stored under the corresponding identifier on IT resources controlled by etalytics. The customer is obligated to inform etalytics at the same time of the termination if deletion is not to occur at the time of termination.

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13.6 In the event of contract termination, items provided by etalytics to the customer for a limited period shall be returned at the customer's risk and expense and insured and traceable.

13.7 Provided files, data, and programs, as well as copies thereof, are to be deleted or destroyed by the customer.

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§ 14 Changes to the Regulations

14.1 etalytics reserves the right to amend or supplement these GTC and the provisions in the service descriptions. The same applies to the amount of remuneration for products and services, with the regulations on price adjustments according to clause 9.8 applying concerning the conditions and scope of the remuneration change. etalytics will inform the customer before any changes or supplements are made. Changes and supplements will be deemed accepted by the customer if the customer does not object in written form within 6 weeks after being informed. In the notification of the change or supplement to these GTC, etalytics will inform the customer about the consequences of the customer's silence. If the customer objects to the changes or supplements, either party may terminate this contract. etalytics can also conditionally declare termination in conjunction with the notification. In the case of changes or supplements to the GTC that are mandatory under applicable law or due to a courtor official order, the aforementioned deadlines may be shorter.

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14.2 Changes and supplements to these GTC require written form. This also applies to changes or annulment of this clause.14.3 Clause 14 does not apply to adjustments or changes to etalytics' services in ongoing obligations that do not have a significant impact on the equivalence relationship. In particular, the provisions of these GTC regarding changes to the

systems or changes to services through updates remain unaffected.

§ 15 Final Provision

15.1 Except in the area of § 354a HGB, the customer may only assign claims from this contract to third parties with prior written consent from etalytics.

15.2 The customer may assert a right of retention or set-off only with counter claims that are undisputed, acknowledged by etalytics, or legally established or arise from warranty claims.15.3 Declarations according to these GTC require written form (such as fax or email), unless otherwise agreed.15.4 German law shall exclusively apply, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG),and any provisions that may lead to the application of foreign law.15.5 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of etalytics at the time the legal action is brought. This does not apply if a different exclusive place of jurisdiction is legally determined. Additionally, etalytics is entitled to suet he customer at their general place of jurisdiction.

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