Pogoji uporabe

1. Introductory provisions

The terms of use of the SG Connect service (the “Terms of Use”) refer to the rights and obligations of the parties involved during the access of the SG Connect services, namely (i) any person visiting the website https://www.sgconnect.eu/ and its related pages; and (ii) any person using the SG Connect application.

The Services are provided by NGEN energetske rešitve d.o.o., a company incorporated and existing under the laws of Slovenia, with its registered office at Moste 101, 4274 Žirovnica, Slovenia (“NGEN”).

These Terms of Use shall also apply to all updates, upgrades, new versions or any other changes in the Service.

2. Definitions and terms

Account. A unique account created for the User to access the Service or parts of the Service.

Appliance, Appliances. One or more devices controlled by the User and added to the Service, including but not limited to Ngen Star units, PowerBanks, EV chargers, and SmartMeters.

Personal Data. Any information that relates to an identified or identifiable individual.

Registration. Entry of requested user data and first login with the aim of opening the User Account.

Service. The Smart Grid Connect application, also known as SG Connect.

User. Any person who uses the Service and/or the Website.

Website. SG Connect website, accessible from https://www.sgconnect.eu/

3. User registration and account

The use of the Service is free of charge for the User, but the User is obliged to pay for eventual costs related to the transfer of data during the download and use of the Service, according to the User’s mobile operator polices, including eventual roaming charges.

The User guarantees that the data entered into the Service is correct, accurate, complete and valid. By Registration and creation of the Account, the User confirms that they have legal capacity and authority to register and take all legal actions they are entitled to in accordance with these Terms of Use. The User confirms that they have read these Terms of Use.

The User shall be responsible for its Account and for all activities on it and must continuously take care of the security of its login details, such as e-mail and password. In case of suspicion of login data misuse, the User is obliged to notify NGEN thereof through one of the listed communication channels in order to block, temporarily or not, the Account. NGEN shall not be responsible for possible misuse of e-mail and password by third parties.

The User undertakes to keep its Account with due care, protecting it especially against unauthorized access by third parties, and undertakes not to disclose it or in any way make it available to unauthorized persons. The User shall be responsible for every action under their Account. NGEN shall not be liable for any damage that may occur to the User or third parties due to unauthorized use and/or misuse of the Account.

NGEN shall send all notifications and messages related to the use of the Service in accordance with these Terms of Use to the User to the e-mail address specified during Registration, and the User will send all notifications and information through the Smart Grid Connect mobile application.

4. Use of the service

The User may use the Service to monitor and control the performance of your Appliances, as well as manage their connection to the grid.

The User agrees to:

  • Use the Service solely for lawful purposes and in accordance with these Terms.
  • Not interfere with or disrupt the functionality of the Service, including any servers or networks connected to the Service.
  • Comply with all applicable laws, regulations, and industry standards related to energy usage, grid connections, and renewable energy systems.

5. Technical support

In case of technical problems, the User may reach NGEN’s technical support. The user support is available via the web support page, at the e-mail address support@ngen.si or through the free of charge telephone number 0804488, only in Slovenia, available every working day between 7 AM and 4 PM CET.

6. Intellectual property

The Service, the Website, and their content, including but not limited to text, graphics, logos, icons, images, software, and other materials, are the exclusive property of NGEN or its licensors and are protected by intellectual property laws. The User is granted a limited, non-exclusive, and non-transferable license to access and use the Service and the Website for personal or internal business purposes, but may not: (i) copy, modify, distribute, or create derivative works based on the Service’s or the Website’s content, or (ii) reverse engineer, decompile, or disassemble any part of the Service or the Website.

7. Rights, obligations, and liabilities

The Account can be cancelled upon request through the support channels listed above, exclusively from the e-mail address or telephone number through which the User was registered. Cancellation of the Account is possible only if the User has no outstanding debts towards NGEN. The Account will be deactivated and the username will be deleted from the list of the Service users. NGEN cannot reactivate the Account once cancelled.

NGEN shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

(i) The use or the inability to use the Service and/or the Website.
(ii) Unauthorized access to or alteration of User’s transmissions or data.
(iii) Statements or conduct of any third party.
(iv) Any other matter relating to the Service and/or the Website.

NGEN does not guarantee the continuous, uninterrupted, or secure access to the Service and/or the Website and is not responsible for any delays or failures in performance resulting from acts beyond its reasonable control, including but not limited to internet failures, equipment failures, electrical power failures, road blockages, traffic restrictions, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, earthquakes, natural disasters, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Users are responsible for ensuring that their use of the Service and/or the Website is compliant with all applicable laws and regulations. NGEN assumes no responsibility for any violation of such laws or regulations by the User.

The Service and the Website may include links to third-party websites or services that are not owned or controlled by the NGEN. NGEN has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The User acknowledges and agrees that NGEN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

To the fullest extent permitted by law, NGEN and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from or related to your use of the Service and/or the Website. The User agrees to indemnify, defend, and hold harmless NGEN and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Service and(or the Website or the User’s violation of these Terms.

NGEN does not necessarily manufacture, distribute, install, or hold any authority, control, or influence over the Appliances. Consequently, NGEN is not responsible for the performance, quality, safety, or compliance of the appliances not manufactured by the company. The operation, maintenance, and usage of the Appliances are strictly subject to the guidelines, recommendations, and warranties provided by their respective manufacturers.

8. Questions and complaints

The User can make a complaint via the following channels:

e-mail:
support@ngen.si

Mail, to the address:
NGEN d.o.o.,
Moste 101,
4274 Žirovnica, Slovenia

In person:
By submitting a complaint to the mailroom at NGEN’s headquarters.

9. Processing of personal data

NGEN will process Personal Data in accordance with the provisions of these Terms of Use, its Privacy Policy, and the provisions governing the protection of Personal Data.

10. Settlement of disputes

NGEN and the User agree that all potential disputes arising from these Terms of Use shall be settled amicably. The settlement of disputes that cannot be settled amicably lies within the jurisdiction of the court in Ljubljana.

11. Miscellaneous and final provisions

If any of the provisions of these Terms of Use becomes illegal, invalid or unenforceable in any respect according to the applicable regulations, this shall have no effect on the legality, validity or enforceability of other provisions of these Terms of Use and such provision shall be replaced by legal, valid or enforceable provision which, in terms of its purpose and the intent of both parties, corresponds to the provision it replaces.

NGEN may suspend or terminate any User’s access to the Service or the Website at any time, without notice, for any reason, including if NGEN believes that the User has violated these Terms. Upon termination, all rights granted to you under these Terms will cease immediately.

The Terms of Use may be amended in accordance with legal regulations and NGEN’s business policy.

These Terms of Use shall enter into force and apply from September 17, 2024.