Terms and Conditions

1. Introductory provisions

1.1 These terms and conditions (the “Terms”) are issued by Sunalytiq s.r.o., Company ID 29725771, with its registered office at Děčínská 552/1, Střížkov, 180 00 Prague 8, entered in the commercial register kept by the Municipal Court in Prague, file no. C 451378 (the “Provider”), pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”).

1.2 The Terms form an integral part of every Contract between the Provider and the Client. Any provisions of the Contract that deviate from the Terms take precedence over them.

1.3 The Services are intended exclusively for businesses and legal entities for the purposes of their business or other similar activity. The Provider does not enter into contracts with consumers, and statutory provisions on consumer protection do not apply to the Contract. By concluding the Contract, the Client confirms that it is concluding it in the course of its business, and the person acting on behalf of the Client declares that they are authorised to do so.

1.4 The Client’s own terms and conditions do not apply, even if the Client refers to them, unless the Provider expressly accepts them in writing.

2. Definitions

• Client means a business or legal entity that has entered into a Contract with the Provider.
• Contract means any agreement between the Provider and the Client on the provision of Services, including a written contract, a confirmed order or quotation, and these Terms.
• Services means in particular making the Software available, management and monitoring of the Plant, evaluation of performance and losses, diagnostics, forecasts, reports on the condition of the Plant, coordination of servicing, preparation of documentation for claims, warranty claims and insurance events, and verification of the remedy carried out.
• Software means the Parhelion software, which creates a digital twin of the Plant, findings and forecasts on the basis of inverter data, satellite weather data and other inputs, as well as the client portal at portal.sunalytiq.com and the Provider's related applications, models, algorithms, interfaces and documentation.
• Plant means the photovoltaic power plant, or battery storage, to which the Services relate.
• Client Data means operational, technical and other data on the Plant that the Client provides or makes available to the Provider, including data from manufacturer portals, inverters and dataloggers.
• Outputs means analyses, models, the digital twin, findings, forecasts, estimates of losses and yields, recommendations, reports and other results of the Services.
• Third Party means a service, installation, inspection, testing or other person who carries out physical work or measurements on the Plant, including independent partners performing thermographic drone surveys, as well as a manufacturer, supplier or insurer.
• Subcontractor means a person whom the Provider uses for its own performance of the Contract, in particular a provider of hosting, email and other IT services.
• User means a natural person to whom the Client has granted or enabled access to the Software.
• Confidential Information means information that a party designates as confidential or whose confidential nature follows from its content, in particular business, technical and pricing information.
• GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation.

3. Formation of the contract

3.1 Information on the website, including the loss calculator, the study and any pricing details, is for information only and does not constitute an offer to conclude a contract within the meaning of Section 1732 of the Civil Code (Act No. 89/2012 Coll.).

3.2 A Contract is concluded by signing a written contract, by the Provider’s written confirmation of an order (including an order placed through the website or the client portal), or by payment of a proforma invoice issued by the Provider on the basis of the Client’s order. Written form also includes email.

3.3 An acceptance of an offer containing any addition or deviation does not constitute acceptance of the offer, even if it does not materially alter the terms of the offer. Section 1740(3) of the Civil Code does not apply.

3.4 The scope of the Services, the price and any availability parameters are governed by the Contract. Anything not expressly stated in it does not form part of the Services.

3.5 The Provider is not obliged to conclude a Contract and may reject an order without giving reasons.

4. Subject matter and scope of services

4.1 The Provider provides the Services with professional care and to the extent agreed in the Contract. The Services are analytical, software and coordination services.

4.2 Unless the parties agree otherwise in writing, the Services do not include:

• physical work on the Plant, installation, repairs, cleaning and replacement of components;
• thermographic measurements, drone flights and other on-site measurements, which are carried out by Third Parties;
• statutory electrical inspections, technical inspections or any other activity requiring a special licence, certificate or authorisation;
• legal, tax, accounting, insurance or investment advice, or representation of the Client before courts and public authorities;
• energy audits, design documentation and construction supervision;
• dispatch control of generation and electricity trading.

4.3 The Provider may develop and modify the Software and the Services on an ongoing basis, provided that this does not materially reduce the agreed scope of paid Services.

4.4 The Provider’s obligation is an obligation to act with professional care, not an obligation to achieve a result. The Provider does not guarantee that any particular generation, output, yield, saving, payback or outcome of a claim, warranty claim or insurance event will be achieved.

4.5 The monitoring carried out by the Provider is not a safety, fire or protection system of the Plant. It does not replace the Plant’s protective systems, statutory inspections, regular maintenance or the operator’s obligations under applicable law.

5. Client cooperation and obligations

5.1 The Client shall give the Provider timely access to the Client Data and to manufacturers’ portals and monitoring systems, and shall provide true, complete and up-to-date information about the Plant, in particular its wiring, components, warranty and insurance terms and previous interventions. The Client is responsible for the accuracy and completeness of this information.

5.2 The Client declares that it is entitled to make the Client Data and access to third-party systems available to the Provider and that in doing so it does not infringe the rights of third parties or manufacturers’ contractual terms. If the Client does not own the Plant, it shall obtain the owner’s consent.

5.3 The Client is responsible for safety at the Plant and in its surroundings. The Client shall ensure safe access for Third Parties, inform them of on-site risks, obtain the property owner’s consent to access and to measurements, including drone measurements, and is responsible for fulfilling the statutory obligations of the Plant operator, in particular in the areas of occupational safety, fire protection and the energy sector.

5.4 The Client shall approve proposed interventions in good time and inform the Provider of changes to the Plant, outages and any interventions carried out without the Provider’s knowledge.

5.5 Decisions on interventions, investments, claims, insurance events and the operation of the Plant are always made by the Client on its own responsibility, even where they are based on the Outputs.

5.6 The Provider is not liable for any delay in or defects of the Services resulting from missing, late, incomplete or inaccurate cooperation by the Client. The Provider’s deadlines are extended by the duration of any such delay, and the Provider is entitled to reimbursement of the reasonable costs incurred as a result.

6. Data and outputs

6.1 Client Data remain the Client’s. The Client grants the Provider a non-exclusive right to use, process and store the Client Data to the extent necessary to provide the Services, for the term of the Contract and for as long as necessary to protect the Provider’s rights.

6.2 The Client further grants the Provider a free-of-charge, non-exclusive licence, unlimited in territory and time and non-terminable, to use the Client Data and the Outputs in anonymised or aggregated form, from which neither the Client, nor the Plant, nor any natural person can be identified, to improve models and the Software, for statistics and for research. This licence continues after the Contract ends.

6.3 Outputs, including forecasts and reports on the condition of the Plant, are estimates based on available data, physical and statistical models and satellite weather data. Their accuracy depends on the quality and completeness of the input data, the weather and other circumstances beyond the Provider’s control. Outputs are not a guarantee of generation, output, savings or yield, and are not an expert opinion, an inspection report, a technical inspection or an investment recommendation.

6.4 The Client may use the Outputs for its own purposes and pass them on to its banks, insurers, auditors, manufacturers and suppliers in connection with the Plant. The Client may not alter the Outputs in a way that distorts their content. The Provider assumes no obligation or liability towards persons to whom the Client passes the Outputs.

6.5 The Provider takes data from manufacturers’ portals, dataloggers, weather and satellite services and other third-party sources as they are provided to it, and is not liable for their accuracy, completeness or availability.

7. Service coordination and third parties

7.1 When coordinating service work, measurements, claims and insurance events, the Provider acts in the name and on behalf of the Client, unless the parties agree otherwise. The contract for the work or measurement is concluded between the Client and the Third Party. The Provider orders an intervention only after the Client has approved the quotation.

7.2 Thermographic drone measurements and other on-site measurements are carried out by independent partners on their own responsibility, including responsibility for authorisation to operate the unmanned aircraft and for compliance with air traffic regulations. The Provider processes and evaluates their results.

7.3 The Provider selects Third Parties with professional care but is not liable for the quality, timeliness, safety or defects of their work and measurements, for any damage they cause or for whether they hold the required authorisations. The Client asserts any claims arising from defective performance against the Third Party; the Provider will assist the Client with this on request.

7.4 If, exceptionally, the Provider orders the work of a Third Party in its own name but on behalf of the Client, the Client shall reimburse the Provider the Third Party’s price and related costs. In that case, the Provider is liable only for the proper selection of the Third Party and for passing on the Client’s instructions and, at the Client’s request, shall assign to it its claims against the Third Party.

7.5 For claims, warranty claims and insurance events, the Provider prepares the supporting documentation and conducts the correspondence. Whether a claim is accepted is decided by the manufacturer, supplier or insurer. The Client monitors the deadlines for asserting claims, unless the Contract expressly entrusts this to the Provider. The Provider is not liable for the rejection of a claim or for missed deadlines of which it was not informed in good time and in full.

7.6 If the Client grants the Provider a power of attorney to deal with Third Parties, the Provider acts within the scope of that power of attorney and keeps the Client informed of significant steps on an ongoing basis.

8. Client portal and availability

8.1 For the term of the Contract, the Provider grants the Client a non-exclusive, non-transferable, time-limited licence to use the Software for the Client’s own needs in connection with its Plants.

8.2 The Client shall protect its login credentials, is responsible for the conduct of its Users and shall notify the Provider without undue delay of any suspected misuse of access. The Provider recommends enabling two-factor authentication and may require it for certain accounts or functions.

8.3 Neither the Client nor its Users may:

• copy, modify, decompile or reverse engineer the Software, unless expressly permitted by law;
• make the Software available to third parties outside the Client, in particular the Provider’s competitors, or use it to create a similar service;
• bulk-download data, circumvent security measures or test for vulnerabilities without the Provider’s prior written consent;
• introduce into the Software any malicious code, or any content that breaches the law or infringes the rights of third parties.

8.4 In the event of a breach of the rules under Article 8.3 or a security risk, the Provider may temporarily restrict or block access, even without prior notice.

8.5 The Provider aims for high availability of the Software but, unless the Contract provides otherwise, does not guarantee uninterrupted or error-free availability. Planned maintenance is announced in advance. The Provider is not liable for outages of manufacturers’ interfaces, dataloggers, weather and satellite services or other third-party systems.

8.6 The Provider backs up the data in the Software regularly. However, the Software is not intended to be the Client’s sole document repository; the Client shall keep its own copies of documents that are important to it.

9. Subcontractors

9.1 The Provider may use Subcontractors to perform the Contract. It is liable to the Client for their performance to the extent and subject to the limitations set out in these Terms.

9.2 Third Parties with whom the Client concludes a contract under Article 7.1 are not Subcontractors of the Provider.

9.3 The use of Subcontractors who process personal data on behalf of the Client is governed by Article 13.5.

10. Price and payment

10.1 The price of the Services is governed by the Contract. The Provider is not registered for VAT; if it becomes registered, it will add VAT at the statutory rate to the price. Third Parties’ prices are not included in the price of the Services, unless the Contract provides otherwise.

10.2 Recurring Services are paid in advance for the agreed period on the basis of a proforma invoice or an invoice. The Services begin to be provided once payment has been credited, unless the parties agree otherwise.

10.3 The Provider issues invoices electronically. Invoices and proforma invoices are payable within 14 days of issue, unless the Contract provides otherwise. Payment is deemed made on the day it is credited to the Provider’s account.

10.4 In the event of late payment, the Provider is entitled to default interest at the rate set by Government Regulation No. 351/2013 Coll. and to reimbursement of the costs associated with recovering the debt, at least in the minimum amount under that regulation.

10.5 If the Client is more than 14 days late with a payment, the Provider may, after giving prior notice by email and after an additional period of at least 7 days has expired without payment, suspend the provision of the Services, including by restricting access to the Software. Suspension does not affect the Client’s obligation to pay the price. The Provider shall restore the Services without undue delay after the outstanding amount has been paid.

10.6 The Provider may change the price of recurring Services with effect no earlier than 60 days after notifying the Client. In that case, the Client may terminate the Contract with effect from the date on which the change takes effect.

10.7 If the Client terminates the Contract for a reason that does not lie with the Provider, the price paid for the period already begun is not refundable.

10.8 The Client is not entitled to set off its claims unilaterally against the Provider’s claims.

11. Intellectual property

11.1 The Software, models, algorithms, methodology, databases, documentation, report templates, website, texts, graphics, logo and the Solar PV Underperformance 2026 study are subject to the intellectual property rights of the Provider or its licensors, in particular under Act No. 121/2000 Coll., the Copyright Act. None of these rights passes to the Client under the Contract unless expressly stated.

11.2 The Client has a non-exclusive right to use the Outputs to the extent set out in Article 6.4. The methodology, models and procedures by which the Provider produces the Outputs remain with the Provider.

11.3 The Provider may use any feedback, suggestions and ideas for improvement provided by the Client free of charge and without restriction to develop the Software and the Services.

11.4 The Client may use the Sunalytiq and Parhelion names and the related logos only with the Provider’s consent. The Provider may name the Client as a reference or publish a case study only with the Client’s prior written consent.

12. Confidential Information

12.1 Each party shall keep the other party’s Confidential Information confidential, use it only to perform the Contract and disclose it only to those of its employees, advisers, Subcontractors and Third Parties who need it and are bound by confidentiality obligations.

12.2 The confidentiality obligation does not apply to information that is publicly known other than through a breach of the Contract, information that a party can demonstrate it already knew or lawfully obtained from a third party, or information whose disclosure is required by law or by a decision of a public authority.

12.3 The confidentiality obligation lasts for the term of the Contract and for five years after it ends.

12.4 After the Contract ends, a party shall, at the request of the other party, return or destroy the Confidential Information, except for copies held in backups and data that it must or may retain under the law or Article 6.2.

13. Personal data and data processing clause

13.1 The Provider processes personal data of the Client's contact persons and Users as a controller in accordance with the privacy policy.

13.2 Where, in providing the Services, the Provider processes personal data for which the Client is responsible as controller, for example data on a Plant operator who is a natural person, contact details of persons on site, or personal data captured in documentation and in images from measurements, it acts as processor. This Article constitutes a data processing agreement under Article 28(3) of the GDPR, unless the parties conclude a separate agreement.

13.3 The subject matter of the processing is personal data to the extent necessary to provide the Services, for the term of the Contract and until its return or erasure under Article 13.4. The nature and purpose of the processing are the storage, analysis and display of data in the Software, the preparation of Outputs and communication with Third Parties. The data subjects are, in particular, operators and owners of Plants, the Client’s staff and contact persons, and other persons named in the Client’s documentation. The categories of data are identification and contact data, the address of the Plant, operating data attributable to a natural person, and the content of communications and documents.

13.4 As processor, the Provider:

• processes personal data only on the Client’s documented instructions, which are the Contract and instructions given in the Software or in writing, and shall inform the Client if, in its opinion, an instruction infringes legal requirements;
• ensures that persons authorised to process personal data have committed themselves to confidentiality or are under a statutory obligation of confidentiality;
• implements technical and organisational measures under Article 32 of the GDPR;
• assists the Client in responding to data subjects’ requests and in complying with its obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to it; it may charge for assistance beyond ordinary cooperation at actual cost;
• notifies the Client of a personal data breach without undue delay after becoming aware of it;
• after the Contract ends, erases or returns the personal data, at the Client’s choice, unless storage is required by law;
• provides the Client with the information necessary to demonstrate compliance with these obligations and allows an audit, no more than once per calendar year, on at least 30 days’ notice, at the Client’s expense and through a person bound by confidentiality, without disrupting the Provider’s operations.

13.5 The Client grants the Provider a general authorisation to engage further processors. The Provider shall inform the Client of any intended addition or replacement of a further processor by email or in the Software, and the Client may raise a reasoned objection within 14 days. If the parties do not reach agreement, the Client may terminate the affected Service. The Provider shall impose on further processors the same personal data protection obligations as it has itself. A list of processors is set out in the privacy policy.

13.6 The Provider shall transfer the Client’s personal data to countries outside the European Economic Area only where the conditions of Chapter V of the GDPR are met.

13.7 The Provider passes personal data to Third Parties under Article 7 only to the extent necessary for the specific intervention or claim and only with the Client’s consent or on its instruction.

13.8 The Client is responsible for having a legal basis for the processing of the personal data that it passes to the Provider and for having duly informed the data subjects. The Client shall compensate the Provider for any damage it incurs as a result of a breach of this obligation.

13.9 The limitation of liability under Article 14 also applies between the parties to the obligations under this Article. The rights of data subjects under Article 82 of the GDPR are not affected.

14. Liability and its limitation

14.1 The Provider is liable for damage caused by a breach of the Contract in accordance with the Civil Code, subject to the limitations set out in this Article.

14.2 The Provider is not liable for:

• lost profit, lost generation, loss of revenue, subsidies, support or savings, loss of data or any other indirect or consequential damage;
• damage resulting from reality deviating from the Outputs, which are estimates under Article 6.3;
• damage caused by false, incomplete or late information or cooperation on the part of the Client;
• damage caused by Third Parties, in particular service companies, partners carrying out measurements, manufacturers, suppliers and insurers, or by their work, decisions, equipment and data;
• decisions of the Client made on the basis of the Outputs, the calculator or the study;
• outages and inaccuracies of data from manufacturers’ portals, dataloggers, weather and satellite services;
• damage arising from a breach of the Client’s obligations under Article 5.3 or from the suspension of the Services under Article 10.5.

14.3 The Provider’s total liability for all damage arising under or in connection with the Contract is limited to the amount that the Client actually paid to the Provider for the Services in the 12 months preceding the event that caused the damage. For Services provided free of charge, the Provider is liable only for damage caused intentionally or through gross negligence.

14.4 The parties declare that, having regard to the nature and price of the Services and to the Client’s ability to insure the Plant and loss of generation, they consider the limitation of liability under this Article reasonable. The risks of operating the Plant, in particular damage to it, fire and loss of generation, are borne by the Client and are to be covered by its insurance, not by the Services.

14.5 The limitations and exclusions of liability do not apply to damage caused intentionally or through gross negligence, to harm to the natural rights of an individual, or to other cases in which they cannot be agreed under Section 2898 of the Civil Code or other legislation.

14.6 The Client must assert a claim for damages against the Provider in writing without undue delay and no later than six months after becoming aware of the damage. In accordance with Section 630 of the Civil Code, the parties shorten the limitation period for the Client’s rights under the Contract to one year.

15. Force majeure

15.1 A party is not liable for failure to perform an obligation caused by an extraordinary, unforeseeable and insurmountable obstacle arising independently of its will, in particular a natural disaster, extreme weather, an epidemic, war, a cyber attack, a power or telecommunications outage, an outage of Subcontractors’ services and manufacturers’ interfaces, or action by a public authority.

15.2 A party affected by force majeure shall notify the other party without undue delay. Deadlines for performance are extended by the duration of the obstacle. If the obstacle lasts longer than 60 days, either party may terminate the Contract with immediate effect.

15.3 Force majeure does not release the Client from the obligation to pay the price for Services that have already been provided.

16. Term and termination

16.1 The Contract is concluded for an indefinite period, unless it provides otherwise. Either party may terminate it in writing with one month’s notice, which begins to run on the first day of the month following delivery of the notice.

16.2 Either party may terminate the Contract with immediate effect if the other party materially breaches the Contract and fails to remedy the breach within 15 days of a written notice, or if insolvency proceedings are petitioned against it and the petition is not manifestly unfounded.

16.3 The Provider may also terminate the Contract with immediate effect if the Client is more than 30 days late with a payment or seriously breaches the rules under Article 8.3.

16.4 After the Contract ends, the Provider shall, on request made within 30 days, hand over the Client Data to the Client in a machine-readable format, where it has them available. It may then erase them, except for data that it must or may retain under the law or Article 6.2.

16.5 The end of the Contract does not terminate provisions that by their nature are intended to continue, in particular those on payments, use of anonymised data, intellectual property, confidentiality, personal data protection, liability and governing law.

17. Use of the website

17.1 The content of the sunalytiq.com website, including the loss calculator, the study, model examples and illustrative figures, is for information only. The Provider strives for its accuracy but does not guarantee its completeness, currency or fitness for any particular purpose.

17.2 The calculator results are indicative estimates based on a reference-plant model. They are not an offer, a guarantee or a basis for an investment decision.

17.3 The content of the website is protected by copyright. Quotations with attribution of the source are permitted; any other use requires the Provider’s consent. The Provider is not liable for the content of third-party websites to which we link.

17.4 The website does not use analytics or advertising cookies. Details of technically necessary cookies and of the storage of data in the browser can be found on the Cookies page and in the privacy policy.

18. Photos, video and logos

The photographs on the website come from Unsplash and we use them in accordance with the Unsplash License. The introductory video on the About us page comes from Pexels and we use it under the Pexels License, which permits free commercial use without attribution. We host copies of the photographs on our own server, so they are not loaded from third-party servers when you browse the website. The licence permits free use for commercial and non-commercial purposes without the author's consent. It does not cover the sale of photographs in unaltered form or their use to create a similar or competing service. The licence does not require attribution, so for each photograph we give a link to its source.

Social network logos are trademarks of their respective owners, and we use them only as links to our profiles.

19. Changes to the Terms and transitional provisions

19.1 The Provider may amend the Terms reasonably, in particular because of developments in the Services, legislation or security. It shall notify the Client of the change by email or in the Software at least 30 days before it takes effect. If the Client does not agree to the change, it may terminate the Contract with effect from the date on which the change takes effect. If it continues to use the Services after that date, it is deemed to have agreed to the change.

19.2 Contracts concluded before 18 October 2026 are governed by the version of the Terms in force at the time they were concluded, unless the parties agree otherwise or the Provider amends the Terms of those Contracts in accordance with Article 19.1.

19.3 The Provider shall send previous versions of the Terms by email on request.

20. Final provisions

20.1 The legal relations between the Provider and the Client are governed by the law of the Czech Republic.

20.2 Disputes arising under or in connection with the Contract are decided by the courts of the Czech Republic. For the purposes of Section 89a of Act No. 99/1963 Coll., the Code of Civil Procedure, the parties agree that the court with territorial jurisdiction is the Provider’s general court.

20.3 The parties assume the risk of a change in circumstances under Section 1765(2) of the Civil Code. In accordance with Section 1801 of the Civil Code, the parties exclude the application of Sections 1799 and 1800 of the Civil Code. The parties further exclude, under Section 558(2) of the Civil Code, the application of business customs to their relationship, unless the Contract expressly provides otherwise.

20.4 If any provision is invalid or ineffective, the other provisions are not affected. The parties shall replace it with a provision that comes as close as possible to its purpose.

20.5 The Client may not assign the Contract or any claims arising from it to a third party without the Provider’s prior written consent.

20.6 Notices under the Contract shall be delivered in writing, including by email to the addresses stated in the Contract, otherwise to info@sunalytiq.com. The Provider provides support for the Services at support@sunalytiq.com.

20.7 The Terms are drawn up in Czech and may be translated into other languages. In the event of a conflict, the Czech version prevails.

20.8 This version 3.0 of the Terms takes effect on 18 October 2026 and replaces version 2.0, effective from 1 October 2026, subject to Article 19.2.