Terms of use

1. General

These terms (“terms and conditions” or “agreement”) apply to the Customer’s access to a subscription service. The Customer must be either a legal entity or a private individual of legal age. The Software as a Service will be provided by Suena GmbH (“suena” or “provider”). The subscription services that suena offers are:

1. Paper Trading: where software is made available to the Customer through a cloud provider platform (SaaS) during the agreed term against a subscription fee paid by the Customer (Subscription)

2. Quarterly Battery Storage Revenue Forecasts: where a report (in form of a PDF unless otherwise agreed) is made available quarterly to the customer 

Both Services are referred to as subscription, where the service is provided by suena during the agreed term against a subscription fee paid by the customer (subscription).

Customer and suena are also referred to as “Party” or jointly as “Parties”.

Unless otherwise agreed in writing, this agreement applies to the exclusion of any standard terms and conditions provided by Customer, including any terms included in purchase orders issued by the Customer after this agreement have entered into force.

The Customer may not use suena’s products for any illegal or unauthorized purpose, nor may the customer use the SaaS in violation of any laws in your jurisdiction (including, but not limited to, copyright laws). The Customer must not transmit any viruses or other code of a destructive nature.

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2. Term and termination

The agreement enters into force when the customer purchases a subscription through the online shop of suena (on suena’s website) or through a payment link made available to the Customer by suena. 

The agreement will remain in force at least for twelve (12) months. Unless it is terminated by either Party with written notice no later than

1. one (1) month before the end of a calendar year for product Quarterly Battery Storage Revenue Forecasts, then the agreement shall automatically be renewed for recurring twelve (12) month periods, or

2. one (1) month before the end of a calendar year for product Paper Trading, then the agreement shall automatically be renewed on a monthly basis (and can be terminated with one (1) month notice).

Either Party can terminate the Agreement with immediate effect in the event of a material breach of contractual obligations by the other Party that has not been remedied by the defaulting Party within reasonable time. Nonpayment of a not-insignificant part of the subscription fee when due is to be considered as material breach and entitles suena to terminate the agreement with immediate effect if the customer has not paid the overdue amount within 30 days following a payment reminder by suena.

Suena has the right to reject the Services without reason 30 days after the Service was purchased. In this case, Suena will reimburse the Customer within 30 days after the rejection notice has been sent to the Customer. The amount of the reimbursement only applies to the part of the Service that was not yet provided by suena.

3. suena’s Duty 

Suena will provide the subscription services with the level of care reasonably expected. The services will be delivered in accordance with the description provided herein. If there is a need for changes in functionality or adjustments to the scope of the SaaS (applicable only to Paper Trading), either at the request of the Customer or due to governmental, legal, or regulatory requirements affecting the Customer's business, the Customer may request these changes to be made in the SaaS. Suena will evaluate the cost and time implications of these changes and present them to the Customer. Any agreed-upon changes will be documented in writing and will only be implemented upon the Customer's payment for such implementation.

4. Customer’s Duty

The Customer shall assist in facilitating suena’s performance of its duties under this agreement. Upon reasonable request, the Customer shall provide suena with the necessary information to verify that the use of the SaaS complies with these Terms and Conditions. The Customer shall take necessary precautions to prevent misuse of Customer credentials that could allow unauthorized access to the SaaS.

Additionally, the Customer shall implement and maintain reasonable mechanisms during the term of the agreement to monitor and ensure the proper functioning of the SaaS. 

The Customer is encouraged to perform a risk analysis to assess the potential consequences of incidents or disruptions (such as a lost internet connection) to better understand security risks related to their use of the SaaS and to implement mitigating measures if necessary. It is the Customer’s responsibility to ensure compliance with all applicable laws and regulations.

The Customer shall have sole responsibility for the business processes they choose to implement or support using the SaaS.

​​You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. Right of use

Suena holds all intellectual property rights to the SaaS. The Customer shall have no rights to the SaaS other than the following usage rights.

The Customer is granted a non-exclusive, limited, terminable, and non-transferable right to use the SaaS, solely for the Customer’s internal business purposes. The Customer may not sell, rent, sub-license, or modify the SaaS or its documentation, nor grant access to the SaaS to any unauthorized third parties.

The Customer retains all rights, title, and interest in and to all data provided by the Customer while using the SaaS and shall bear sole responsibility for the legality, reliability, integrity, accuracy, and quality of the data provided. Each Party shall exercise diligence in protecting the Customer’s data and preventing any unauthorized third party from gaining access to it.

6. Data protection

Suena’s website provides details about the SaaS solution. Technical and operational requirements needed for the Customer's access to the SaaS will be supplied once the service is confirmed. Suena uses third-party cloud platforms to provide the SaaS. Unless otherwise agreed by the Parties, any hosting platform will be located within the EU/EEA area, and EU laws and regulations for data protection will apply.

The operational services include the necessary infrastructure for the cloud solution (servers, databases, network) and storage of data within the cloud solution. The solution utilizes the cloud provider’s security mechanisms to prevent unauthorized access to the SaaS.

Suena will proactively monitor the SaaS, including infrastructure, application, processes, and Customer access.

The Customer is aware and consents that its data, as provided to suena by using the SaaS, is stored and processed by the cloud provider. Suena shall, through planned and systematic measures, ensure satisfactory information security in accordance with applicable laws and regulations, protecting the Customer’s data from any loss, misuse, unauthorized access, or alteration, as well as from viruses and other malware attacks. 

Suena shall inform the Customer without undue delay in the event of any suspected or actual breach related to Customer data processed or stored in the SaaS.

7. Availability

If the Customer becomes aware of any disturbances in the SaaS, they must notify suena without undue delay. Suena will assess the reported disturbance and get back to the Customer to try to solve the problem.

8. Payments

The Customer shall pay suena as follows:

1. Fees for access to the Paper Trading Subscription. Invoices for Paper Trading must be paid within thirty (30) days of the invoice date. Suena may also send the Customer a payment link (from a third-party payment processor) to automatize the recurring payments by credit card or bank transfer.

2. For Quarterly Battery Storage Revenue Forecasts, payment must be processed before the Customer receives the reports. Payments are to be made via the provided payment links.

Any objections to invoices must be raised in writing without undue delay upon receipt of the invoice.

The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made. The Customer agrees to promptly update Customer’s account and other information, including e-mail address and credit card numbers and expiration dates.

9. Confidentiality of Information and Data Privacy 

Each Party may gain access to information from the other Party that is intended to be kept confidential and is either labeled as such or is clearly of a confidential nature. This confidential information may include, but is not limited to, trade secrets, personal data, processes, Customer data, technical information, know-how, or ideas.

Each Party agrees to keep the other Party's confidential information secure and shall not disclose it to any third party or use it for any purpose other than the execution of this Agreement. Affiliates are not considered third parties. The obligation of confidentiality will remain in effect for the duration of the Subscription and continue for five (5) years after its termination.

However, no Party will be bound by confidentiality obligations for information that: (i) becomes publicly known through no fault of the receiving Party; (ii) was already in the receiving Party’s lawful possession before disclosure; (iii) is lawfully disclosed to the receiving Party by a third party without any confidentiality restrictions; or (iv) is independently developed by the receiving Party.

No Party shall be prevented from disclosing confidential information if required by law, a court of competent jurisdiction, or any regulatory or administrative body.

10. Governing Law, Jurisdiction 

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic Germany. 

Any disputes arising from or concerning the performance of this Agreement shall be settled amicably by the Parties. If an amicable settlement cannot be reached, the exclusive place of jurisdiction for such disputes shall be Hamburg, Germany

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