GTC
Lumera Terms of Use
§ 1 Formation of the Contract
The contract between Alpspitz Energy GmbH („Provider“) and the customer acting for business purposes („Customer“) is concluded when the Customer accepts the Provider's offer
(i) in text form within the offer period, or
(ii) after the offer period has expired, accepts the offer in text form and the Provider confirms acceptance or begins performing the service.
§ 2 Applicable Contract Terms
For this contractual relationship between Provider and Customer, only the provisions of the offer and these Terms and Conditions apply. No other agreements or contractual terms exist. The Customer's terms and conditions shall not apply.
§ 3 Subject Matter of the Contract
The subject matter of the contract is the paid granting of the use of the Lumera Energy software provided as part of a Software-as-a-Service offering (hereinafter „Lumera Energy“) by the Customer for the duration of the contract, as well as the provision of the storage space and computing capacity required for this purpose.
§ 4 Contractual Scope of Services and Service Scope
(1) The Provider grants the Customer the use of the current version of Lumera Energy for the agreed number of authorized users via the internet by access through a browser.
(2) The Provider provides the Customer with a Software-as-a-Service (SaaS) platform that makes it possible to perform customizable simulations based on historical data regarding the profitability and sizing of commercial battery storage systems. The core of the service is the ongoing provision of information in the sense of a service, without any obligation to achieve a work result.
(3) The Customer is able to upload company data such as address, electricity consumption load profiles, electricity price data and technical data of real battery storage systems into Lumera Energy. The Provider uses Lumera Energy to create simulations and calculations based on this data, enabling an indicative assessment of storage size and potential cost savings. The simulation is primarily based on historical data and is intended solely as guidance. The platform serves to provide information and indications as to whether the installation of a battery storage system could generally be worthwhile, as well as to estimate possible savings under different operating strategies. Actual operation may differ due to numerous factors.
(4) The Customer is free to share simulation displays via a shareable hyperlink with third parties for internal or business purposes. Persons who receive this link can view the results directly, but cannot modify them further.
(5) The Customer is free to export simulation displays for its own purposes – depending on the plan, also supported by the possibility of its own corporate design – and to reuse them separately.
§ 5 Additional Provisions on Performance
(1) The Provider ensures the functionality and availability of the software during the term of the contractual relationship and will maintain it in a condition suitable for contractual use. The exact scope of functions of Lumera Energy depends on the Customer's chosen plan, as specified in more detail in the offer.
(2) The Provider may, without being obliged to do so, update or further develop Lumera Energy at any time and, in particular, adapt it due to changes in the legal situation, technical developments or to improve IT security. In doing so, the Provider shall reasonably take into account the Customer's legitimate interests and inform the Customer in good time about necessary updates. In the event of a material impairment of the Customer's legitimate interests, the Customer shall have a special right of termination.
(3) The Provider is not obliged to adapt the software to the individual needs or IT environment of the Customer.
(4) The Provider will regularly maintain the software and inform the Customer in good time of any resulting restrictions. Maintenance will regularly be carried out outside the Customer's normal business hours unless maintenance must be carried out at another time for compelling reasons.
(5) The Provider will take appropriate measures to protect the data. However, the Provider assumes no storage or custodial obligations with regard to the data. The Customer is responsible for adequate backup of the data.
(6) The Customer remains the owner of the data stored on the Provider's servers and may request its return at any time.
§ 6 System Availability
The Provider guarantees system availability of 98% on a monthly average during regular operating hours (Mon-Fri, 08:00-18:00 CET).
§ 7 Webinars
(1) The Provider offers the Customer webinars, online training sessions or information events, also depending on the booked plan. These serve solely to provide general information about the platform, its functions, and relevant topics in the area of energy storage and simulation.
(2) The content of the webinars does not constitute individual advice, legally binding information or a guarantee of specific results. They are not to be understood as binding recommendations for action or as a basis for investment decisions.
(3) Recording or sharing the webinar content by the Customer is permitted only with the Provider's prior written consent.
§ 8 Scope of Use and Rights
(1) The software is not physically provided to the Customer.
(2) The Customer is granted, for the contractually agreed number of user accounts and for the duration of the contract, a simple, i.e. non-sublicensable and non-transferable, right to use the current version of the software by accessing it via a browser in accordance with the contractual provisions.
(3) The right of use includes:
● The Customer may use the software within the scope of its own business activities by its own personnel.
● The Customer may forward the hyperlink provided to it with simulation displays to third parties for internal or business purposes.
● The Customer may export simulation displays for its own purposes – depending on the plan, also supported by the possibility of its own corporate design – and reuse them separately.
(4) Any further use of the software by the Customer is not permitted.
(5) To the extent that the Customer provides content, data, trademarks, logos or other elements of its corporate identity within the scope of using the platform or exports them into the platform, the Customer grants the Provider a simple, non-exclusive, non-transferable right to use such content to the extent necessary for the purposes of providing the services.
§ 9 Customer Obligations
(1) The Customer shall ensure that use takes place only within the contractually agreed scope. Any unauthorized access must be reported to the Provider without delay.
(2) The Customer is obliged not to upload to Lumera Energy any data or otherwise provide any data whose use violates applicable law, official orders, third-party rights or agreements with third parties.
(3) The Customer shall not upload any data containing viruses or other harmful components to Lumera Energy or otherwise provide such data to the Provider.
(4) The Customer shall make appropriate data backups on a regular basis on its own responsibility.
§ 10 Customer's Sphere of Responsibility
(1) The Provider makes no warranty as to the accuracy, completeness or timeliness of the simulation results. Rather, these are considered an indication for planning purposes. Changed results in practice may arise in particular if known or unknown factors deviate from or supplement the historical data used as a basis.
(2) Any decisions made by the Customer on the basis of the simulation are made at its own risk. The Provider assumes no responsibility for the actual implementation or operation of the storage systems.
(3) The Customer is solely responsible for sharing hyperlinks relating to Lumera Energy and for the associated provision of access to the data. The Provider assumes no liability for the use or further dissemination by third parties of the content accessible via the link. It is the Customer's responsibility to inform third parties of the contractual terms under which the Customer has information provided by the Provider.
§ 11 Warranty
(1) With regard to the granting of the use of the software and the provision of storage space, the warranty provisions of tenancy law (§§ 535 et seq. BGB) shall apply.
(2) The Customer must notify the Provider of any defects without delay.
(3) Warranty for only insignificant reductions in the suitability of the service is excluded. Strict liability pursuant to Section 536a (1) BGB for defects that already existed at the time of conclusion of the contract is excluded.
§ 12 Liability
(1) The Provider shall be liable without limitation in the event of (i) intent, (ii) gross negligence, (iii) culpable injury to life, body or health, as well as (iv) under the Product Liability Act and (v) within the scope of warranties assumed in writing.
(2) Notwithstanding the cases of unlimited liability pursuant to § 12 (1), the Provider shall be liable for slightly negligent breach of duty only in the event of breach of material contractual obligations, i.e. obligations whose fulfillment is essential for the proper performance of the contract in the first place or whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the other party may regularly rely, but limited to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract.
(3) § 12 (2) also applies in favor of the Provider's employees, representatives and organs.
§ 13 Reference Mention
The Customer permits the Provider to name the Customer and the joint project as a reference in its public relations work (in particular on the Provider's website) during the term of the contract and for up to one year after the end of the contract. At the Customer's request, the wording and content shall be coordinated between the parties in advance. For these purposes of reference mention, the Customer also grants the Provider the non-exclusive right, limited in time to the reference mention, to use the Customer's trademark. The parties shall agree on the details of trademark use (with due regard to the Customer's corporate identity) at the Customer's request. Any further use or modification of the trademark requires the Customer's prior consent.
§ 14 Fees and Payment Terms
(1) The Customer shall pay the fee agreed in the offer (plus VAT) to the Provider.
(2) Invoicing shall be quarterly, unless otherwise agreed between the parties. The invoice is due for payment within 30 business days.
§ 15 Price Adjustments
(1) The Provider is entitled to adjust the contractually agreed prices in accordance with this § 15, insofar as its cost-determining factors (in particular personnel, energy, license or other procurement or operating costs) change significantly, i.e. by more than 5% in total.
(2) The Provider shall notify the Customer of the price change, stating the reasons under paragraph (1), in text form at least six (6) months before the planned effective date. The notification shall state the extent of the price change, the date on which it becomes effective and a reference to a special right of termination.
(3) The Customer is entitled to exercise a special right of termination in text form vis-à-vis the Provider within three (3) months of receipt of the notification of the price change. Termination of the contract shall become effective on the day before the planned effective date of the price change.
(4) If the Customer does not exercise its special right of termination pursuant to § 15 (3), the changed prices shall be deemed agreed with effect from the notified date.
§ 16 Term and Termination
(1) Unless otherwise agreed, the contract is concluded for an indefinite period.
(2) Unless otherwise agreed, the contract may be terminated by either party with 6 months' notice to the end of a calendar month.
(3) The right to terminate without notice for good cause remains unaffected.
(4) Termination must in any case be in text form.
(5) The Provider reserves the right to irretrievably delete all of the Customer's data remaining on its servers 30 days after the end of the contractual relationship.
§ 17 Data Protection
(1) The Provider will process any personal data provided by the Customer in accordance with data protection regulations.
(2) The Customer shall not provide the Provider with any personal data in the context of the service relationship whose processing by the client would constitute processing on behalf within the meaning of Art. 28 GDPR. Should, contrary to expectations, a processing agreement within the meaning of Art. 28 GDPR prove to be legally required – in particular due to official requirements – the parties shall conclude an appropriate contract in accordance with the requirements of Art. 28 GDPR.
§ 18 Export Control and Sanctions Law
The performance of the contract by the parties is in each case subject to the condition that no obstacles to performance arise due to national or international foreign trade law regulations and that there are no embargoes and/or other sanctions.
§ 19 Force Majeure
No party shall be liable for failure to perform or delayed performance of its contractual obligations to the extent that this is based on events of force majeure. Force majeure includes, in particular, natural disasters, war, acts of terrorism, governmental measures, pandemics and cyberattacks or other serious disruptions to IT infrastructure that are beyond the control of the respective affected party. The affected party shall inform the other party without delay of the occurrence and the expected duration of the event.
§ 20 Final Provisions
(1) The Provider is entitled to amend these Terms and Conditions, with a notice period of at least 30 days to the Customer, in order to take into account improvements in the services or changes in the company, e.g. new products or functions, services or technologies, for legal, regulatory or security-related reasons and/or to prevent misuse or damage. Unless the Customer informs the Provider in text form within 20 days of such notification of its objection to such amendment, the amendment shall be deemed accepted by the Customer. If the Customer declares its objection to the amendment in text form within 20 days of the notification, the contract shall continue under the existing terms without such amendment taking effect.
(2) Should individual provisions of this contract be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties shall replace such provisions with valid and enforceable provisions that come as close as possible to the meaning and economic purpose as well as the intention of the parties at the time of conclusion of the contract. The same applies in the event of a contractual gap.
(3) Amendments to this contract and its annexes must be made in text form.
(4) German law shall apply to the exclusion of conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (CISG).
(5) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Munich.
[Status: 02/2026]