1. Provider and scope
Thermalyzer is provided by Marco Silipo, Beethovenstraße 90, 46145 Oberhausen, Germany (the “Provider”).
The service is offered exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code, legal entities under public law, and special funds under public law. It is not intended for consumers. Customer terms apply only when the Provider expressly agrees to them in text form.
2. Registration and formation
A person authorized to represent the business registers it using complete and accurate required information. Submitting registration is an offer to use the service under these Terms. The agreement is formed when the organization workspace is successfully provisioned.
The registering person confirms that they may bind the business. Changes to the legal name, address, or responsible contacts must be updated in the service or communicated to the Provider promptly.
3. Service
Thermalyzer provides organization-scoped functions for planning and documenting PV thermography projects. These include customers and sites, projects and inspections, thermal and RGB media, measurement geometry, findings, tasks, templates, and versioned reports.
The available application and any separate service agreement define the specific scope. Integrations, devices, internet access, thermographic capture conditions, and the Customer's professional services are not part of the service unless expressly agreed.
4. Accounts, organizations, and roles
Accounts are personal and credentials must not be shared. The Customer protects credentials and devices appropriately and reports actual or suspected unauthorized access without delay.
The Customer is responsible for members, roles, and permissions in its organization workspace. The protected Owner role must remain assigned to an available, authorized person. Actions by authorized users are attributed to the organization to the extent permitted by law.
5. Customer data and rights
The Customer remains responsible for customer, project, inspection, media, finding, and report data it provides. It confirms that processing is lawful and that it holds the rights needed for operation, storage, processing, and report generation.
For the agreement's duration, the Customer grants the Provider the non-exclusive rights technically required to process Customer data only to provide, secure, troubleshoot, and support the service as agreed. This does not include using Customer data for advertising or selling it.
6. Acceptable use
The service may be used only within applicable law and granted permissions. Unlawful content, access to other organizations, bypassing access controls, overload or attack activity, and distribution of malicious software are prohibited.
The Provider may temporarily restrict access where necessary to address a concrete threat, protect other organizations, or comply with law. Where possible, the affected Customer will be informed beforehand or promptly afterward.
7. Field work and offline data
Offline project packs and locally cached media may be processed only on appropriately protected, authorized devices. The Customer maintains device locking and current system software and removes local data when the field purpose or access ends.
Synchronization status and conflicts must be checked before completing a case. The Customer verifies the server-side project state instead of inferring a successful transfer solely from a local display.
8. Professional responsibility
Thermalyzer supports capture, measurement, structuring, and report generation. It does not replace qualified thermographic capture or professional assessment, plausibility review, and approval by suitable people.
The Customer remains responsible for capture conditions, measurement parameters, assessment of anomalies, recommended action, and use of generated reports. Reports must be reviewed in full before distribution.
9. Operation, maintenance, and changes
The Provider works to operate the service securely and reliably but does not promise uninterrupted availability unless a separate agreement says otherwise. Maintenance, security work, external networks, and events outside reasonable control may temporarily affect use.
Functions may evolve while preserving the service's contractual core benefit. Material adverse changes will be announced with reasonable notice unless security or legal obligations require immediate action.
10. Charges
Creating and using a workspace currently does not incur a charge unless expressly agreed otherwise in an individual case. This is not a promise that use will remain without charge permanently.
Any future paid use requires a separately activated or agreed contract identifying its scope, term, and charges. Continued registration alone does not create new payment obligations without that agreement.
11. Term, ending use, and data
Unless a separate term is agreed, the Customer may request workspace closure in text form. The Provider may end a relationship without charge on reasonable notice. The right to end for good cause remains unaffected.
Before a planned closure, the Customer should export reports and data it needs. After the agreement ends, data is removed or restricted under applicable deletion and retention rules; statutory duties and evidence needed for legal defense remain unaffected.
12. Defects and liability
The Customer reports reproducible problems with the information needed to investigate. The Provider receives a reasonable opportunity to examine and remedy them.
The Provider has unlimited liability for intent and gross negligence; culpable injury to life, body, or health; liability under the German Product Liability Act; and expressly assumed guarantees. For slight negligence affecting an essential contractual duty, liability is limited to foreseeable loss typical for the agreement. Liability for other slight negligence is excluded to the extent permitted by law.
13. Privacy and confidentiality
The versioned Privacy Notice explains the Provider's processing of personal data. Where the Provider processes personal inspection or customer data on the Customer's behalf, the parties enter the agreements required by law.
Both parties appropriately protect identifiable non-public confidential information and use it only to perform the agreement. Mandatory legal disclosure remains unaffected.
14. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, legal entity under public law, or special fund under public law, the Provider's place of business is the venue where legally permitted.
Changes do not apply retroactively. A new version is incorporated only in line with legal and contractual requirements. If an individual provision is ineffective, the remaining provisions are unaffected. The German version governs where legally permitted.