(1) These Terms of Use govern the use of TRACE.App (app.trace-electricity.com), a cloud-based application for the analysis of energy consumption and savings potential.
(2) The provider is:
TRACE Electricity GmbH
Dorothea-Bernstein-Weg 48
22081 Hamburg
Germany
E-Mail: privacy@trace-electricity.com
(3) These Terms of Use apply exclusively to TRACE.App. Separate terms apply to other TRACE products – in particular TRACE.Parser, TRACE.Konfigurator and TRACE.Studio.
(4) By registering for or using TRACE.App, you agree to these Terms of Use. Conflicting terms of the user are not recognised.
(5) For consumers (§ 13 BGB (German Civil Code)), the mandatory statutory warranty rights apply without restriction.
(6) The following supplementary documents apply to TRACE.App:
Technical requirements: Use of TRACE.App requires a current web browser (Chrome 90+, Firefox 88+, Safari 14+ or Edge 90+) with JavaScript enabled and an internet connection. The app is accessible at app.trace-electricity.com.
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us (TRACE Electricity GmbH, Dorothea-Bernstein-Weg 48, 22081 Hamburg, E-Mail: contact@trace-electricity.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract (§ 357 para. 8 BGB (German Civil Code)).
(If you wish to withdraw from the contract, please complete and return this form.)
To TRACE Electricity GmbH, Dorothea-Bernstein-Weg 48, 22081 Hamburg, E-Mail: contact@trace-electricity.com:
(*) Delete as appropriate.
(3) Special provision for digital content and SaaS services: The right of withdrawal also expires in the case of a contract for the supply of digital content not supplied on a tangible medium if TRACE Electricity has begun performance of the contract after the consumer has expressly agreed that TRACE Electricity would begin performance before the end of the withdrawal period, and the consumer has confirmed their awareness that they lose their right of withdrawal upon TRACE Electricity's commencement of performance of the contract (§ 356 para. 5 BGB (German Civil Code)). TRACE.App is immediately available as a digital service after full registration and account setup; upon registration the consumer expressly agrees that TRACE Electricity begins performance of the contract immediately, and confirms their awareness that the right of withdrawal expires upon commencement of performance.
(1) TRACE.App is a cloud-based application that supports decision-makers in small and medium-sized enterprises (SMEs) in analysing energy costs, identifying savings potential and reducing CO₂ emissions.
(2) The app enables users to record energy consumption data, perform automated analyses, receive individual recommendations and, upon request, establish contact with suitable energy solution providers.
(3) TRACE.App is provided free of charge. TRACE reserves the right to introduce paid functional extensions in the future. Any such changes will be communicated to users by email at least six weeks before they take effect. Users who do not agree to the introduction of paid features may terminate their usage relationship prior to the changes taking effect. For new features that require new processing of personal data, the Privacy Policy will be updated in advance pursuant to Art. 13 para. 2 GDPR and the user will be informed.
(1) Use of TRACE.App requires registration of a user account with a valid email address and a secure password. Registration via third-party services (e.g. Google) is also possible. When registering via Google OAuth, Google's privacy notices additionally apply; details on processing can be found in the App Privacy Notice § 3.
(2) Registration is permitted exclusively for adult natural persons or legally capable legal entities. By registering, you confirm that the information you provide is complete and truthful.
(3) You are obliged to keep your login credentials confidential and to protect them from access by third parties. TRACE must be notified without delay if misuse of your login credentials becomes known or is suspected.
(4) Only one account per user is permitted. Sharing login credentials with third parties is prohibited.
(5) Use of TRACE.App by automated systems, bots or scripts is not permitted without the express written consent of TRACE.
(1) TRACE grants the user a simple, non-exclusive, non-transferable and non-sublicensable right to use TRACE.App for their own business purposes.
(2) All rights to TRACE.App, including design, source code, algorithms, texts, databases, graphics and associated documentation, remain with TRACE Electricity GmbH or its licensors. These are protected by copyright and other intellectual property rights.
(3) The user is not permitted to copy, distribute, modify, translate, decompile, disassemble or otherwise edit the app, except where this is expressly permitted by law.
(4) Content that you enter into TRACE.App (e.g. energy consumption data) remains your property. You grant TRACE the right to process this data exclusively for the purpose of providing the service (legal basis: Art. 6 para. 1 lit. b GDPR). The processing of personal usage data is carried out on the basis of Art. 6 para. 1 lit. b GDPR. Your personal data will not be used for product improvement.
(4a) TRACE may use fully anonymised, aggregated usage statistics for further product development. Fully anonymised statistics do not fall within the scope of the GDPR (Recital 26).
(1) The user undertakes to use TRACE.App exclusively for lawful purposes and in accordance with these Terms of Use.
(2) In particular, the user is prohibited from:
(3) TRACE reserves the right to block access to the app without prior notice in the event of violations of these provisions and to assert any damages incurred.
(1) TRACE aims for system availability of at least 98.0 % on a monthly average (measured against the availability of the AWS infrastructure, eu-central-1). Planned maintenance windows will be announced at least 48 hours in advance and will take place outside of peak usage times; they are not counted towards the calculation of availability. Downtime due to force majeure or circumstances beyond TRACE's control (e.g. natural disasters, network failures, third-party DDoS attacks, failures of AWS or Cloudflare) do not constitute a breach of the availability requirement and are also excluded from the calculation.
Announced maintenance work (notice period: at least 48 hours, where possible outside of core business hours 9–17 CET) will not be counted as downtime in the availability calculation.
(2) TRACE reserves the right to change, expand or discontinue individual functions of the app at any time. Material changes will be communicated with reasonable prior notice.
(3) TRACE may discontinue the provision of the app entirely. In this case, users will be informed by email at least 90 days in advance. Within this period, users will have the opportunity to export their data stored in the app in a common format (CSV, JSON). After expiry of the period, all user data will be deleted in accordance with the Privacy Notice – TRACE.App. Upon discontinuation of the service, the Privacy Notice TRACE.App applies from a data protection perspective (deletion: 90 days after service discontinuation).
TRACE is obliged pursuant to § 327f BGB (German Civil Code) to provide TRACE.App with the necessary security updates and functional updates required for the duration of the usage relationship, so that TRACE.App meets the agreed requirements. The user will be informed of material updates in the app or by email. Optional updates may be performed at any time; there is no entitlement to specific additional features.
(1) The content and analyses of TRACE.App are based on automated algorithms and technical processes. In particular, savings potential, CO₂ estimates and recommendations regarding energy solution providers serve exclusively as guidance. TRACE provides no warranty for the substantive accuracy, precision, completeness, currency or suitability of results for any particular purpose. Responsibility for the review, interpretation and use of results lies exclusively with the user. Recommendations from TRACE.App constitute decision-support tools; the final decision rests with the user. No automated decision with legal or similarly significant effect within the meaning of Art. 22 GDPR is made.
(2) TRACE's liability is – to the extent permitted by law – limited to intent and gross negligence. This does not apply in the event of a breach of material contractual obligations (cardinal obligations); in this case, liability is limited to the foreseeable, contract-typical damage.
(3) TRACE is not subject to any limitation of liability for damages arising from injury to life, body or health, or from mandatory statutory provisions (e.g. the Product Liability Act).
(4) As a cloud service provider, TRACE is obliged to take appropriate technical measures to safeguard data (cf. Art. 32 GDPR; Technical and Organisational Measures TRACE.App (TOM)). For data losses arising from a breach of these safeguarding obligations by TRACE, TRACE is liable in accordance with the general liability rules (paras. 2 and 3). Data losses arising from abusive use or an error by the user (e.g. the user independently deleting data) are excluded from this liability.
(5) Claims arising from this contract are subject to limitation in accordance with the statutory limitation periods. Deviating contractual limitation provisions apply only in the B2B relationship (business accounts); vis-à-vis consumers (§ 13 BGB (German Civil Code)) the statutory limitation periods remain applicable.
(1) TRACE Electricity is not liable for service disruptions caused by force majeure events beyond the sphere of influence of TRACE Electricity. Force majeure includes in particular: natural disasters, war, terrorist attacks, pandemics, government orders, power outages, third-party cyber attacks and failures of essential infrastructure service providers (e.g. cloud providers).
(2) TRACE Electricity will inform the user without delay of the occurrence and expected end of the force majeure event and will take reasonable measures to minimise the impact.
(3) If a force majeure event lasts for more than 30 days, either party is entitled to terminate the contract without observing a notice period.
(1) The usage relationship is concluded for an indefinite period and commences upon registration.
(2) Users may delete their account at any time without observing a notice period in the app or terminate by email to privacy@trace-electricity.com.
(3) TRACE may terminate the usage relationship by giving 6 weeks' (42 days') notice (ordinary termination). The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of serious or repeated violations of these Terms of Use.
(4) After the usage relationship ends, the user account will be deactivated. The deactivated account can be reactivated within 90 days by logging in again. During the 90-day period, data will continue to be processed on the basis of Art. 6 para. 1 lit. c GDPR (statutory retention obligations pursuant to §§ 147 AO, 257 HGB) and Art. 6 para. 1 lit. f GDPR (legitimate interest in asserting claims). During this period, the user can export their data. Data export is available in machine-readable format (CSV or JSON at the user's choice) and is available in the account area up to 30 days after the end of the contract. After expiry of this period, personal data will be irrevocably deleted. Immediate deletion without observing the 90-day period is possible upon express request pursuant to Art. 17 GDPR by email to privacy@trace-electricity.com. Upon request, TRACE will make your stored data available for download prior to deletion in a common format (Art. 20 GDPR). Data storage is otherwise governed by the Privacy Notice – TRACE.App.
Termination by button (§ 312k BGB (German Civil Code)): Consumers may also terminate this contract via the termination button ("Cancel now") provided on the platform. The termination takes effect immediately upon confirmation.
The processing of personal data in connection with TRACE.App is governed by the separate Privacy Notice – TRACE.App. This Privacy Notice forms part of these Terms of Use.
The Privacy Notice – TRACE.App applies to data processing within the app. When visiting the website, the Privacy Policy applies.
The Privacy Policy applies to use of the website trace-electricity.com (including the contact form).
If your personal data is processed for direct advertising via LinkedIn, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising (Art. 21 para. 2 GDPR).
For business accounts where personal data of company employees is processed, the conclusion of a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR is required. The Data Processing Agreement (DPA) – TRACE.App is available for download.
(1) German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules of private international law.
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Hamburg, provided the user is a merchant, a legal entity under public law or a special fund under public law. Otherwise, TRACE reserves the right to also sue the user at their general place of jurisdiction.
(1) Changes to these Terms of Use will be communicated to the user in text form (e.g. by email) at least 6 weeks before they take effect. The user may object within this period. TRACE expressly points out that the user's silence after expiry of the objection period shall be deemed consent to the amended terms (§ 308 no. 5 BGB (German Civil Code)). This provision applies exclusively to users who use TRACE.App in the course of their commercial or self-employed professional activity (entrepreneurs within the meaning of § 14 BGB (German Civil Code)). In the event of an objection, the contractual relationship ends at the time the changes take effect; until then, the existing terms apply. If the user does not object within 4 weeks of receipt of the notification, the change shall be deemed approved. The notification will expressly point out the significance of silence as consent.
(1a) For consumers within the meaning of § 13 BGB (German Civil Code) the following applies: A deemed consent by silence is not permissible. Changes require the express consent of the consumer, or the consumer is entitled to terminate the usage relationship without observing a notice period until the changes take effect. If the user objects to a change, they may extraordinarily terminate the contractual relationship effective from the date the change takes effect.
(2) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the legally permissible rule that comes closest to the commercial purpose of the invalid provision.
(3) The current Terms of Use are always available at trace-electricity.com/en/terms-app/.
(4a) Ancillary agreements require the text form.
(4) For questions regarding these Terms of Use, please contact: privacy@trace-electricity.com.
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://odr.ec.europa.eu/. E-Mail: privacy@trace-electricity.com. TRACE is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration body.
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