Terms of service

1. Introductory provisions

1.1 These terms and conditions (the “Terms”) are issued by Sunalytiq s.r.o., IČO 29725771, with its registered office at Děčínská 552/1, Střížkov, 180 00 Prague 8, registered in the Commercial Register maintained by the Municipal Court in Prague under 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, order or offer that the Provider concludes with the Client, including participation in the pilot programme. 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 acting in the course of their business. The Provider does not enter into contracts with consumers. Any 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 concluded a Contract with the Provider or is taking part in the pilot programme.
• Contract means any agreement between the Provider and the Client on the provision of Services, including a confirmed order, an application to join the pilot programme and these Terms.
• Services means, in particular, provision of access to the Software, performance monitoring, loss assessment, diagnostics, forecasting, service coordination, preparation of documentation for defect, warranty and insurance claims, and verification of remedial work.
• Software means the Parhelion platform, 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, where applicable, the battery storage system to which the Services relate.
• Client Data means the operational, technical and other data on the Plant that the Client provides or makes available to the Provider, including data from manufacturers’ portals and dataloggers.
• Outputs means analyses, models, the digital twin, estimates of losses and yields, recommendations, reports and other results of the Services.
• Third Party means any service, installation, inspection, testing or other contractor carrying out physical work on the Plant, as well as any manufacturer, supplier or insurer.
• User means a natural person for whom the Client has set up, or to whom it has given, access to the Software.
• Confidential Information means information that a party designates as confidential or whose confidential nature is apparent from its content, in particular business, technical and pricing information.

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.

3.2 A Contract is concluded by signing a written contract, by the Provider’s written confirmation of an order or by acceptance of an application to join the pilot programme. 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 commitments are governed by the Contract or the confirmed offer. Anything not expressly stated there does not form part of the Services.

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

5. Pilot programme

5.1 In the pilot programme, the Provider makes the Software available and provides selected Services free of charge in order to validate them in real-world operation and obtain feedback. The pilot programme is not a paid service and there is no entitlement to take part in it.

5.2 In the pilot programme, the Software and the Services are provided “as is”, including features still under development. The Provider does not guarantee their availability, completeness, accuracy or freedom from defects and does not agree to any availability commitments.

5.3 The pilot programme is not agreed for a fixed term. Either party may end it at any time by written notice, including by email, without giving reasons and without any entitlement to compensation.

5.4 In the pilot programme, the Client provides access to the necessary data, practical feedback and cooperation in evaluating the results. The costs of Third Parties (labour, parts, transport) are borne by the Client, and only in accordance with a quotation that the Client has approved in advance.

5.5 Continuation after the pilot programme is possible only on the basis of a new written agreement on scope and price. No obligation to pay for the Services arises without the Client’s express consent.

5.6 The Provider may use the results of the pilot programme in anonymised and aggregated form to develop the Software and for statistical purposes. It may publish a case study or the Client’s name or logo only with the Client’s prior written consent.

5.7 As the pilot programme is free of charge, the Provider is liable within it only for damage caused intentionally or through gross negligence and for harm to the natural rights of an individual.

6. Client cooperation

6.1 The Client shall give the Provider timely access to the Client Data, manufacturers’ portals and monitoring systems, and shall provide true, complete and up-to-date information about the Plant, in particular its wiring, components, warranty terms and previous interventions.

6.2 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.

6.3 The Client shall ensure safe access to the Plant, inform Third Parties of on-site risks 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.

6.4 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.

6.5 The Provider is not liable for any delay in or defects of the Services resulting from missing, late or inaccurate cooperation by the Client. The Provider’s deadlines are extended by the duration of any such delay.

7. Data and outputs

7.1 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.

7.2 The Provider may use the Client Data in anonymised and aggregated form, from which neither the Client nor the Plant can be identified, even after the Contract ends, to improve its models and the Software, for statistics and for research.

7.3 Outputs are model-based estimates built on available data, physical models and statistical methods. 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 an expert opinion, an inspection report or an investment recommendation.

7.4 Decisions on interventions, investments, claims and the operation of the Plant are always made by the Client on its own responsibility. 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.

8. Service coordination and third parties

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

8.2 The Provider selects Third Parties with professional care but is not liable for the quality, timeliness, safety or defects of their work, 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.

8.3 For defect, warranty and insurance claims, the Provider prepares the supporting documentation and correspondence. Whether a claim is accepted is decided by the manufacturer, supplier or insurer. The Provider is not liable for the rejection of a claim or for deadlines of which it was not informed in good time and in full.

8.4 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.

9. Client portal and rules of use

9.1 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.

9.2 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.

9.3 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.

9.4 In the event of a breach of these rules or a security risk, the Provider may temporarily restrict or block access, even without prior notice.

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

10. Price and payment

10.1 The price of the Services is governed by the Contract or the confirmed offer. The Provider is not registered for VAT; if it becomes registered, it will add VAT at the statutory rate to the price.

10.2 The Provider issues invoices electronically. Invoices are payable within 14 days of issue, unless the Contract provides otherwise.

10.3 In the event of late payment, the Provider is entitled to statutory default interest under Government Regulation No. 351/2013 Coll. and to reimbursement of the costs associated with recovering the debt. If payment is more than 14 days overdue, the Provider may suspend the Services after giving prior notice.

10.4 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.

10.5 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, 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 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.

11.3 The Client may use the Sunalytiq and Parhelion names and the related logos only with the Provider’s 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 and subcontractors 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.

13. Personal data

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

13.2 Where the Provider processes personal data on behalf of the Client, for example data on a Plant operator who is a natural person, it acts as a processor. For such cases, the parties conclude a data processing agreement under Article 28 of the GDPR; if they have not done so, the provisions of this clause serve as that agreement: the Provider processes the data only on the Client’s instructions, ensures their security and confidentiality, engages only sub-processors bound by equivalent obligations, assists the Client in fulfilling its obligations and returns or deletes the data after the Contract ends.

14. Liability

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 clause.

14.2 The Provider is not liable for:

• loss of profit, lost generation, loss of revenue, subsidies or savings, loss of data or any other indirect or consequential damage;
• damage caused by untrue, incomplete or late information or cooperation on the part of the Client;
• damage caused by Third Parties, manufacturers and suppliers, or by their work, equipment and data;
• decisions made by the Client on the basis of the Outputs, the calculator or the study;
• outages and inaccuracies of data from manufacturers’ portals, dataloggers, and meteorological and satellite services.

14.3 The Provider’s total liability under the Contract is limited to the amount actually paid by the Client to the Provider for the Services in the 12 months preceding the occurrence of the damage. For the pilot programme and other free Services, clause 5.7 applies.

14.4 The limitation of liability does not apply to damage caused intentionally or through gross negligence or to harm to the natural rights of an individual, for which liability cannot be limited under Section 2898 of the Civil Code.

14.5 The Client must claim any damage from the Provider in writing without undue delay, and no later than six months after becoming aware of it. The limitation period for the Client’s rights under the Contract is one year.

15. Force majeure

15.1 A party is not liable for failing to perform an obligation where the failure was caused by an extraordinary, unforeseeable and insurmountable obstacle that arose 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 cloud providers’ services or manufacturers’ interfaces, or intervention by a public authority.

15.2 The party affected by force majeure shall notify the other party without undue delay. If the obstacle lasts longer than 60 days, either party may terminate the Contract with immediate effect.

16. Term and termination

16.1 The Contract is concluded for an indefinite period unless it states otherwise. Either party may terminate it in writing by giving one month’s notice, the notice period starting on the first day of the month following delivery of the notice. For the pilot programme, clause 5.3 applies.

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 request, or if an insolvency petition that is not manifestly unfounded is filed against the other party.

16.3 After the Contract ends, the Provider will, at the Client’s request made within 30 days, hand over the Client Data to the Client in a machine-readable format if it holds them. It may then delete them, except for data that it must or may retain by law or under clause 7.2.

16.4 Provisions which by their nature are intended to survive, in particular those on payments, intellectual property, confidentiality, liability and governing law, survive the end of the Contract.

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 endeavours to keep it accurate but does not guarantee its completeness, timeliness or fitness for a 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 investment decisions.

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

17.4 The website does not use cookies. For details of the data stored in your browser, see Cookies.

18. Photos, video and logos

The photos on the website come from Unsplash and we use them in accordance with the Unsplash License. The opening 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 photos 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 selling the photos in unaltered form or using them to create a similar or competing service. The licence does not require attribution, so instead we link to the source of each photo.

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

19. Final provisions

19.1 Legal relations between the Provider and the Client are governed by the law of the Czech Republic. Disputes shall be decided by the courts of the Czech Republic having subject-matter jurisdiction, with territorial jurisdiction determined by the Provider’s registered office.

19.2 The Provider may make reasonable amendments to the Terms, in particular in response to developments in the Services, legislation or security. It will notify the Client of any amendment by email or in the Software at least 30 days before it takes effect. If the Client does not agree with the amendment, it may terminate the Contract with effect from the date on which the amendment takes effect. If the Client continues to use the Services, it is deemed to have accepted the amendment.

19.3 The parties assume the risk of a change in circumstances under Section 1765(2) of the Civil Code. Sections 1799 and 1800 of the Civil Code on contracts concluded by adhesion do not apply.

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

19.5 Notices under the Contract are delivered in writing, including by email, to the addresses stated in the Contract or, failing that, to info@sunalytiq.com.

19.6 The Terms are drawn up in Czech and in other languages. In the event of any discrepancy, the Czech version prevails.

19.7 These Terms take effect on 1 October 2026 and replace the previous version.