User Terms

Polarium Energy Solutions AB and Polarium Home Companion App

User Terms

## 1. General

 

Polarium Energy Solutions AB , company registration number 556986-5461 (”**Polarium**”, “**we**”, “**us**”) provides

the following services to a consumer who has a Polarium battery:

 

* a) Polarium Cloud where the consumer has access to the battery and battery data via a personal

account (“**Polarium Account**”).

* b) Polarium Home Companion App (the “**App**”), an online mobile application for managing and

monitoring the battery.

 

For clarity, the definition of each Service will be used in these User Terms when referring to one

of the above services. When both services are meant, either individually or together, the term (“**Services**”) is used. In addition, it should be noted that the App’s functions for managing and

monitoring the battery are a complement to the corresponding functionality that is available

directly on/via the physical battery.

 

These User Terms are applicable to you who create or use a Polarium Account and download the App (“**User**”, “**you**”, “**your**”, etc.). These User Terms govern the relationship between us and

you (the respective rights and obligations of the parties), and you accept and agree to them in

their entirety each time you create and/or use the Services.

 

The Services may only be used by consumers who have, or have had, the authority to register and use

the Services on a battery. The App may only be used in conjunction with a Polarium Account. A

Polarium Account may be created without you using the App (see further under section 2. Polarium

Account below).

 

These User Terms do not apply to the extent that they limit the User’s rights under mandatory law.

When reference is made to third parties in these User Terms, it refers to the authorized third party

that has entered into an agreement with Polarium for integration with the User’s Polarium Account.

 

## 2. Polarium-ID

 

`Establishment`

A user can link one or more battery systems to a home (a logical grouping of battery systems), and in turn link one or more homes to a single account.

 

 

* a) In the App when first installed, you register an email and a password.

* b) When the User requests access to the Polarium battery by activating third-party integration

with the Polarium Cloud. To create a Polarium Account through a third-party, you provide an email

to the third party in a secure manner that is shared with Polarium where the email is linked to

the Polarium Account.

 

Access to your Polarium Account is personal and login requires authentication.

 

`Use`

 

Once a Polarium Account is created, data from the battery (performance, settings,

battery usage, etc.), as well as any user-specific settings in the App, are allocated to the

Polarium Account for the purpose of you being able to manage and monitor the battery

in the App or through third-party services. Transfer of data from Polarium Account to a

third party requires that you, through the third party, give such party access to the

Polarium Account

 

`Communication`

 

You agree that the email address registered to the Polarium Account, either directly by

you or through third parties, may be used by Polarium for communication in relation to

these User Terms and related Services.

 

`Termination and disconnection`

 

You can terminate your Polarium Account at any time in the App or by contacting

Polarium. When the Polarium Account is terminated, the App or equivalent third-party

service will no longer function.

 

Simply uninstalling the App or terminating integration with a third-party application does

not mean that the Polarium Account itself is terminated.

 

You may also disconnect a battery from your Polarium Account. Such disconnection is

done either directly in the App or according to Polarium’s instruction. Disconnecting the

battery from the Polarium Account means that your account will remain in place but no

new data from the battery will be registered.

 

You are responsible for disconnecting the battery, or terminating a Polarium Account

associated with a battery, which you are not the owner of or otherwise have the right to

dispose of.

 

Once a battery has been disconnected from a Polarium Account, Polarium will confirm

the disconnection to the Polarium Account from which the battery was disconnected

 

## 3. Polarium Home Companion App

 

`Purpose of the service`

 

The App enables the User to manage and monitor their battery and its usage. In the App,

the User can also make changes to their customer information. Logging in to the App

requires your authentication. Questions regarding the App and your use of the same are

handled by Polarium’s customer service, see contact details on www.Polarium.com.

 

`Access to the Service`

 

The use of the App requires a Polarium Account.

 

`Functionality`

 

The App and its available services are set out in the App. The services and functions

available in the App at any given time are provided on an “as is” basis. The App is made

available without any express or implied warranties or representations of any kind

 

`User’s Termination of Use of the App`

 

You may terminate the use of the App by deleting it from the device or the devices on

which the App is installed. However, deleting the App does not terminate your Polarium

Account.

 

Deleting the App does not affect the User’s other obligations towards Polarium

 

## 4. Users responsibilities

 

`Responsibility for information provided by the User`

 

It is the User’s responsibility to ensure that the user information provided by the User

within the framework of the Polarium Account and the App is correct and up to date.

Polarium is not responsible for incorrect information provided by the User. Polarium

may assume that all instructions received from, or issued by, User or a third party using

or providing a Polarium Account integration, are correct.

 

`Responsibility for personal password`

 

The User is responsible for maintaining the confidentiality of his or her password and for

using the password in a way that prevents unauthorized parties from accessing the

user’s information. You shall immediately or as soon as possible change your password

and notify Polarium if you suspect that your password has been made available or

accessible to an unauthorized third party.

 

`Unauthorized Use of the Services`

 

Access to the Services is user-specific and Users are not entitled to give unauthorized

third parties access to the Services. The User is responsible for third parties’ usage, to the

extent that the User is responsible for such access. You are obliged to notify

Polarium immediately or as soon as possible of any suspicion that the Services have

been accessed or used by an unauthorized third party or that they have been used in an

unauthorized manner. The best way to minimize the damage caused by such misuse is to

change the Polarium Account password as soon as possible.

 

Unauthorized use does not mean the sharing of data to, at the User’s own choosing,

another user or third-party provider who, through integration with Polarium, has been

granted access to the User’s Account by the User having actively granted such another

user or third-party access.

 

If the User no longer has the authority/right to dispose of the battery and its functionality,

the User is obliged to disconnect the battery from his/her Polarium Account without

delay.

 

In addition, Polarium has the right to immediately disconnect a battery from a Polarium.

Account if it becomes aware of unauthorized use

 

## 5. Intellectual Property Rights

The content of the Services, such as text, trademarks, graphics, logos, icons, images,

sound recordings and software, belongs to Polarium, or its licensors or partners. All

intellectual property rights in the content of the Services are owned by Polarium, subject

to the exceptions mentioned in this User Agreement. Reproduction, assignment,

modification, storage, publication and distribution of the content of the Services is

prohibited without the prior written consent of Polarium. You are permitted to use the

Services on any device and to print materials for personal, non-commercial use.

 

## 6. Polarium’s liability and limitation of liability

Polarium does not provide any warranty for the Services. Further, Polarium does not

guarantee that the Services will be provided without errors or interruptions. Applicable

consumer protection laws and other mandatory laws apply. Polarium’s liability does

however not include greater liability than that which follows from mandatory laws.

 

Polarium’s ambition is that all information and functions related to the Services shall be

correct, complete and up to date, but cannot guarantee complete reliability or

correctness regarding the Services.

 

Polarium shall not be liable for any direct or indirect loss, cost or damage, including, but

not limited to, loss of revenue, loss of income or loss of profits, business interruption or

loss of information caused by the use, or interruption of use, of the Services. In addition,

Polarium is not responsible for any loss or damage caused by information system

failures or communication failures, including integration with third parties, or errors or

malware, or any third-party website or materials to which the Service may have a link or

reference.

 

If the performance of Polarium’s obligations regarding the Services is impeded or

prevented due to circumstances beyond Polarium’s control and the consequences of

which could not reasonably have been avoided or overcome, this shall constitute

exemption from damages and other penalties.

 

## 7. Changes to the Services and User Terms

Both parties understand that mobile applications and services provided through them are

rapidly evolving. Polarium may at any time make changes to the Services to improve

their availability or accessibility. Polarium may also add new services or features based

on demand or remove features that are used to a small extent or that have become

financially unprofitable for Polarium.

 

Polarium reserves the right to at any time modify these User Terms to adapt to changes

in the Services to meet changing business requirements, new technologies, new

hardware, standards, legislation, practices, or appropriate technical, administrative,

operational, or other relevant customs.

 

Both the Polarium Account and the App in its entirety are currently free of charge, but

Polarium reserves the right to charge the User directly, or (through) third parties who

through integration with the Polarium Account gain access to battery data, for the

provision of the services as such, or additional services. Such a change shall be notified

to you in a separate notice no later than thirty (30) days before it becomes effective, and

you may at any time terminate the Services.

 

## 8. Polarium’s right to termination and transfer

Polarium has the right to terminate the Services with immediate effect if you have not,

despite a notification, within a reasonable time, remedied the situation in the following

cases:

 

* A. You use the Services in a manner that violates these User Terms or your

obligations to Polarium; or

* B. Polarium has reason to suspect that the Services are being misused.

 

We also have the right to terminate the Services immediately if we determine that the

User does not exist or otherwise determine that the creation of a Polarium Account is

inappropriate.

 

Polarium has the right to transfer the provision of the Services and these User Terms to

a third party by notifying the User at least thirty (30) days in advance.

 

## 9. Personal data

When using the Services, Polarium (and, where applicable, subcontractors and other

partners) will process the User’s personal data in accordance with applicable laws and

the from time to time applicable privacy notice.

 

If you want to read about your rights or want to know how we process your personal

data, please see the privacy policy at www.Polarium.com.

 

## 10. Disputes

Disputes concerning the interpretation and/or application of these User Terms shall be

settled in accordance with Swedish laws by a general court or other competent body.

 

The European Commission also makes an out-of-court dispute resolution platform

available to consumers. The dispute resolution platform can be found at the external link:

http://ec.europa.eu/consumers/odr

 

## 11. Contact information

Contact details for Polarium Energy Solutions AB  can be found on www.Polarium.com

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Registration no. 556986-5461

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