(1) These Terms of Use (hereinafter "ToU") govern the use of TRACE.Parser, the cloud-based SaaS tool of TRACE Electricity GmbH, Dorothea-Bernstein-Weg 48, 22081 Hamburg (hereinafter "TRACE"), for the automated processing and analysis of energy production profiles.
(2) TRACE.Parser is directed exclusively at entrepreneurs within the meaning of § 14 BGB (legal entities under private law, partnerships, and natural persons acting in the course of their commercial or independent professional activity). Use by consumers is not intended.
(3) By registering for a trial access or requesting a quote, the customer declares their agreement to these Terms of Use and the Privacy Notice for TRACE.Parser.
(4) Conflicting or deviating conditions of the customer are not recognized unless TRACE expressly agrees to their validity in writing.
(5) These Terms of Use apply exclusively to entrepreneurs (§ 14 BGB). Consumers (§ 13 BGB) are excluded from using TRACE.Parser.
(1) TRACE.Parser enables customers to upload production profiles (e.g. in CSV or XLSX format) and have them automatically analysed for data errors, anomalies, and key metrics. The results are provided as structured reports and visualisations.
(2) Access to the application is provided via a web browser at the URL communicated by TRACE. TRACE provides the technical infrastructure as Software-as-a-Service; installation on the customer's own hardware is not part of the contract.
(3) The functions included in the service description depend on the plan selected by the customer (trial access or paid subscription). TRACE reserves the right to expand or adjust the scope of functions in the course of further development, provided that the contractually agreed service level is not thereby reduced.
(1) Trial access: By requesting a free trial access via the form on the TRACE website and agreeing to these Terms of Use therein, the customer submits an offer to conclude a free trial usage agreement. The contract is concluded upon TRACE activating the access.
(2) Paid subscription: By submitting a quote request via the form on the TRACE website and agreeing to these Terms of Use therein, the customer initiates the quotation process. The contract is concluded upon written order confirmation by TRACE. The specific scope of services, price, and contract term are governed by the respective offer.
(3) TRACE is entitled to reject a registration or conclusion of contract without giving reasons.
(1) TRACE grants the customer, for the duration of the contract, a simple, non-transferable, and non-sublicensable right to use TRACE.Parser as intended within the scope of the booked plan.
(2) The usage right / license is limited to the customer's internal business operations. Passing on access credentials to third parties outside the authorised users (cf. § 5 para. 2) is prohibited.
(3) Any reproduction, decompilation, reverse engineering, or other modification of the software is prohibited to the extent not permitted by mandatory law.
(1) TRACE aims for a monthly availability of 98.0% (measured as the proportion of minutes without unplanned outages in the total month). Scheduled maintenance work will be announced at least 48 hours in advance and shall not be counted in the calculation. Downtime due to force majeure or circumstances outside TRACE's control (e.g. natural disasters, network outages, DDoS attacks by third parties, outages of AWS or Cloudflare) shall not constitute a breach of the availability requirement and shall likewise not be counted in the calculation. TRACE is not liable for damages caused by temporary unavailability (cf. § 9).
(2) Team access: Depending on the selected subscription plan, the primary user (account holder) may invite additional persons from their company as users:
Each invited user must agree to these Terms of Use. The primary user is jointly responsible for compliance with these terms by all invited users. The primary user ensures that an appropriate legal basis exists for the transfer of data of invited team users to TRACE (e.g. § 26 BDSG for employees or Art. 6 para. 1 lit. b GDPR).
(3) Support is offered within the scope of the respective plan during normal business hours (Monday to Friday, 09:00–17:00 CET, excluding public holidays in Hamburg) by email. TRACE aims to provide a first response within 24 hours.
(1) TRACE.Parser is billed on the basis of a credit-based subscription model. A fixed number of credits is consumed per analysis. The available credits depend on the booked plan. Unused credits expire at the end of the billing period unless otherwise agreed. If the contractual relationship ends through an ordinary or extraordinary termination issued by TRACE or through discontinuation of the service, the customer will be refunded pre-paid, unused credits on a pro-rata basis. Upon termination by the customer or upon expiry of the minimum term, unused credits expire at the end of the contract. A refund of credits is only made in the event of termination by TRACE Electricity. Upon termination by the customer, unused credits expire without replacement unless mandatory law provides otherwise. Billing data is retained in accordance with § 147 AO and § 257 HGB for up to 10 years.
(2) The specific prices, plan services, and terms are set out in the individual offer. All prices are stated net of the applicable statutory value added tax.
(3) Trial access: The trial access is free of charge and limited to the period specified in the offer. There is no entitlement to an extension or conversion into a paid subscription.
(4) Price adjustments will be communicated to the customer at least six weeks before they take effect in text form (e.g. by email). If the customer does not object within this period, the new prices shall be deemed agreed as of the next billing period.
(1) The customer is obliged to keep their access credentials confidential and not to make them accessible to unauthorised third parties. The customer shall notify TRACE immediately if there are indications of misuse of the access credentials.
(2) The customer ensures that only persons who are authorised to use TRACE.Parser and have accepted the Terms of Use are granted access.
(3) The customer is solely responsible for the data they upload (e.g. production profiles, measurement data). The customer warrants that they have the necessary rights to process this data and that its use does not infringe the rights of third parties.
(4) Abusive use of the service – in particular the use of automated scripts to systematically flood the API, use for unlawful purposes, or the disclosure of analysis results in a manner that damages TRACE – is prohibited.
(1) The term of the subscription is governed by the respective offer. Unless otherwise agreed, the subscription automatically renews after the expiry of the minimum term for a further period of equal duration if not terminated in time.
(2) Termination requires text form (email to contact@trace-electricity.com is sufficient). The notice period is four weeks to the end of the respective billing period. TRACE may terminate the contractual relationship ordinarily with four weeks' notice to the end of the period in text form. Unused credits will be refunded on a pro-rata basis.
(3) The trial access ends automatically upon expiry of the agreed trial period without separate termination.
(4) The right to extraordinary termination for good cause remains unaffected. Good cause for TRACE exists in particular if the customer breaches essential obligations under these Terms of Use and does not remedy the breach within a reasonable period after a formal warning.
(5) After termination of the contract, all production profiles uploaded by the customer and analysis results generated therefrom will be irrevocably deleted within 30 days after the end of the contract. The customer may request immediate deletion at any time at privacy@trace-electricity.com. Access credentials (email address, password hash) will be deleted within 30 days after the end of the contract. Log data will be retained in accordance with the statutory retention periods, for a maximum of 30 days. An overview of the storage periods is contained in the Privacy Notice – TRACE.Parser.
(6) Uploaded production profile files (CSV uploads) are automatically deleted within 24 hours after completion of the analysis. Analysis results are stored for the duration of the usage agreement and deleted within 30 days after the end of the contract.
(1) TRACE is liable without limitation for intent, gross negligence, as well as under the Product Liability Act and for injury to life, body, or health.
(2) In cases of simple negligence, TRACE is only liable for breach of a cardinal obligation (essential contractual obligation whose fulfilment enables the proper performance of the contract in the first place). Liability is in this case limited to the typical, foreseeable damage and is in this case capped at EUR 2,500 per individual claim.
(3) Any liability for indirect damages, consequential damages, loss of profit, and data loss is excluded in cases of simple negligence.
(4) TRACE does not warrant the accuracy, completeness, or suitability of the analyses generated by TRACE.Parser for specific purposes. Expert review is the responsibility of the client.
(5) Claims for damages become time-barred 12 months after the client becomes aware of the damage, and no later than 2 years after the damage-causing event. This limitation does not apply to claims arising from intent, gross negligence, injury to life, body, or health, or claims under the Product Liability Act (§ 202 para. 1 BGB, § 309 no. 7 BGB by analogy).
TRACE processes personal data of the customer and its users exclusively for the provision and improvement of TRACE.Parser and for the performance of the contract. Details on data processing, the sub-processors engaged, and the rights of data subjects are set out in the Privacy Notice for TRACE.Parser. The Technical and Organizational Measures (TOM) pursuant to Art. 32 GDPR are available at /en/tom-parser/.
In the context of AI-assisted analysis, TRACE uses the following sub-processors: OpenAI, LLC (San Francisco, USA), Anthropic PBC (San Francisco, USA), and Amazon Web Services EMEA SARL (Luxembourg) for AWS AI services / Amazon Bedrock. None of these service providers uses your data for training their foundation models. Details on third-country transfers and safeguards (EU Standard Contractual Clauses pursuant to Art. 46 GDPR) can be found in the Data Processing Agreement (DPA-Parser) at /en/dpa-parser/.
To the extent that TRACE processes personal data in the course of performing the contract that the customer collects as Controller (in particular uploaded production profiles that contain personal data), a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR will be concluded, which automatically becomes part of the contractual relationship upon conclusion of the contract and is available at trace-electricity.com/en/dpa-parser/. This DPA is available at trace-electricity.com/en/dpa-parser/ and automatically becomes part of the contract.
TRACE Electricity is entitled to create anonymised or aggregated datasets from the processed production profile data and to use these for the improvement and training of its own algorithms and AI models. Re-identification of individual users or companies from these anonymised datasets is technically excluded. Personal data is not processed for this purpose. Any further use of the raw data for training purposes requires the express written consent of the client.
Individual data protection rights pursuant to Art. 15–20 GDPR, in particular the right to data portability (Art. 20 GDPR), may be asserted by affected natural persons against the customer as Controller. TRACE supports the customer in this regard within the framework of the separately to be concluded Data Processing Agreement (DPA).
(1) TRACE is entitled to amend these Terms of Use. Material amendments will be communicated to the customer at least six weeks before they take effect in text form (e.g. by email).
(2) If the customer does not object to the amendments within six weeks of receipt of the notification, the amendments shall be deemed accepted. TRACE will separately draw attention to the significance of silence as consent in the notification.
(3) In the event of an objection, TRACE is entitled to terminate the contractual relationship with six weeks' notice as of the date the amendments take effect. Within the notice period, TRACE will provide the customer, upon request, with a data export of all data stored in the system in a common format (CSV or JSON).
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, provided the customer is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany.
(3) Should any individual provisions of these Terms of Use be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory rule that most closely approximates the economic purpose of the invalid provision.
(4) Amendments or supplements to this contract require text form. This also applies to the waiver of this text form requirement.
Since TRACE.Parser is offered exclusively to entrepreneurs, consumer dispute resolution is not applicable. TRACE is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body pursuant to the VSBG. ODR platform (for information only): https://ec.europa.eu/consumers/odr/ | Email: contact@trace-electricity.com.
(1) TRACE will announce an intended permanent discontinuation of the TRACE.Parser service at least 90 days in advance in text form.
(2) Following the announcement, the customer may export all analysis results and uploaded data free of charge within 30 days in CSV and JSON formats. TRACE will provide suitable export functions for this purpose.
(3) In the event of TRACE's insolvency, the insolvency administrator is obligated to promptly provide the customer with a complete data export upon request. The customer has a priority right to the return of their data. TRACE will inform customers of any insolvency petition without delay.
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