TRACE.App is aimed at companies and commercial users. Consumers within the meaning of § 13 BGB (German Civil Code) are excluded from use. Upon registration you confirm that you are acting as a business within the meaning of § 14 BGB (German Civil Code).
(1) The following General Terms and Conditions (hereinafter "GTC") govern the relationship between TRACE Electricity GmbH, Dorothea-Bernstein-Weg 48, 22081 Hamburg (hereinafter "TRACE") and the users of our website at trace-electricity.com (hereinafter "Website"). The domains trace-electricity.de, trace-electricity.ai and trace-electricity.io are resolved by redirect to trace-electricity.com and are likewise subject to these GTC from the point of redirect.
(2) By using the Website, the user acknowledges these GTC. A contractual obligation arises exclusively through the means described in § 2 (use of TRACE products). The current version of the GTC is always available at trace-electricity.com/en/terms/.
(3) These General Terms and Conditions apply to businesses within the meaning of § 14 BGB (German Civil Code). For consumers (§ 13 BGB (German Civil Code)), only the product-specific terms of use apply (Terms of Use - TRACE.App and Terms of Use - TRACE.Parser), which contain special provisions for consumers.
(4) In the event of conflicts between these GTC and product-specific terms of use (ToU-App, ToU-Parser), the terms of use shall take precedence.
These GTC do not govern the use of TRACE products. Separate terms apply to each product; an overview of the relevant documents per product:
TRACE.App is the cloud-based energy analysis application for end users and corporate accounts, accessible at app.trace-electricity.com. Use is free of charge; for B2B corporate accounts a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR is required.
TRACE.Parser is the cloud-based SaaS tool for analysing energy production profiles, accessible at parser.trace-electricity.com, available exclusively to business customers (B2B) on the basis of a credit-based subscription. The terms of use are accepted upon requesting trial access or upon conclusion of a contract. A Data Processing Agreement (DPA) pursuant to Art. 28 GDPR automatically becomes part of the contract upon conclusion. Upon ordinary termination by the customer after the expiry of the minimum term, unused credits are refunded pro rata provided the residual value exceeds EUR 10.00. An administration fee of a flat rate of EUR 5.00 (net) may be deducted.
TRACE.Konfigurator and TRACE.Studio are provided on the basis of individual offers. TRACE.Konfigurator is aimed at B2B energy suppliers and enables the configuration and evaluation of energy procurement scenarios. TRACE.Studio comprises individual consulting and analysis services; the exact scope of services is defined in the respective offer. The governing document is the "TRACE.Konfigurator Licence & Service Agreement" including the Data Processing Agreement (DPA) pursuant to Art. 28 GDPR, which is attached to each offer and becomes legally binding upon signature by the customer. A sample DPA is available upon request: contact@trace-electricity.com.
(1) The Website serves to provide information about TRACE's offerings, to present references and the team, and to facilitate contact. It is freely accessible.
(2) The presentation of TRACE products and services on the Website does not constitute a binding contractual offer. Orders and contracts are concluded exclusively through the means described in § 2.
The user undertakes not to use the Website abusively. In particular, it is prohibited to:
All content on the Website (texts, images, graphics, logos, source code) is protected by copyright and is the property of TRACE or is used with the permission of the respective rights holder. Any use beyond the intended use of the Website (reading, printing for personal information) requires the prior written consent of TRACE.
The right to decompile programme code for interoperability purposes pursuant to § 69e UrhG (German Copyright Act) remains unaffected.
Input data of the user remains the property of the user. TRACE receives a limited licence to process such data solely for the purpose of fulfilling the contract.
TRACE endeavours to ensure the highest possible availability of the Website but cannot guarantee uninterrupted accessibility. Planned maintenance work will be announced at least 48 hours in advance. Outages due to force majeure or circumstances beyond the control of TRACE (e.g. natural disasters, network outages, third-party DDoS attacks) cannot be excluded. TRACE is not liable for damages arising from temporary unavailability.
TRACE aims for Website availability of 98.0% on a monthly average. Planned maintenance windows (announced at least 48 hours in advance) as well as downtime due to force majeure (e.g. natural disasters, power outages, internet service provider outages, third-party DDoS attacks) do not count as downtime and are not taken into account in the calculation of availability.
(1) TRACE is liable in accordance with statutory provisions for damages arising from injury to life, body or health that are based on a negligent breach of duty by TRACE.
(2) TRACE is liable without limitation for intent and gross negligence. In the case of slight negligence, TRACE is only liable in the event of a breach of cardinal obligations, limited to the foreseeable damage typical for the contract. Cardinal obligations are those obligations whose fulfilment is essential to the proper performance of the contract and on the observance of which the user regularly relies and may rely.
(3) Otherwise, TRACE's liability for damages, regardless of the legal basis, is excluded.
(4) Liability under the Product Liability Act and for injury to life, body or health remains unaffected.
(5) Claims for damages against TRACE expire in relation to businesses (§ 14 BGB (German Civil Code)) within 12 months of the user's knowledge of the damage, at the latest within 2 years of the damage-causing event. Excluded are claims based on intent, gross negligence, personal injury and claims under the Product Liability Act — for these the statutory limitation periods apply. For consumers (§ 13 BGB (German Civil Code)), a minimum limitation period of 2 years applies pursuant to §§ 438, 634a BGB (German Civil Code).
This shortening does not apply to claims based on intent, gross negligence, injury to life, body or health, or claims under the Product Liability Act (§ 202 para. 1 BGB (German Civil Code)).
The Website may contain links to external third-party websites. TRACE has no influence over their content and assumes no liability for them. The respective provider or operator is always responsible for the content of linked pages.
TRACE processes personal data of Website users in accordance with the Privacy Policy. For data processing in TRACE.App, the Privacy Notice - TRACE.App applies. For data processing in the TRACE.Parser application, the Privacy Notice - TRACE.Parser applies.
Information on data processing can be found in the Privacy Policy at trace-electricity.com/en/privacy/.
Amendments to the GTC will be communicated to the user at least 6 weeks before they take effect by email. The user is deemed to have consented if they do not object within 6 weeks of receipt of the notification. TRACE expressly draws attention to this consequence. In the event of an objection, TRACE may terminate the contractual relationship with ordinary notice.
For consumers, the following deviating provision applies: Amendments to the GTC will be communicated to the consumer at least 6 weeks before they take effect by email. If the consumer does not object within 4 weeks of receipt of the notification, this shall be deemed consent to the amendment. The significance of this silence will be expressly indicated in the amendment notification. In the event of an objection, the consumer is entitled to terminate the contractual relationship as of the date the amendment takes effect.
For users without a contractual relationship with TRACE (website visitors only), the GTC published at the time of access shall apply.
Collateral agreements, additions and amendments to this contract require text form (email is sufficient).
Termination may also be effected via the cancellation button provided on the platform in accordance with § 312k BGB (German Civil Code).
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the user is habitually resident remain unaffected (where applicable).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is Hamburg, provided that the user is a merchant, a legal entity under public law, or a special fund under public law. This place of jurisdiction does not apply to consumers within the meaning of § 13 BGB (German Civil Code); the place of jurisdiction for consumers is the consumer's place of residence (§ 29c ZPO (German Code of Civil Procedure)).
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
The EU Commission provides a platform for online dispute resolution (ODR), accessible at https://odr.ec.europa.eu/. Email: contact@trace-electricity.com. TRACE is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration body pursuant to the VSBG (German Consumer Dispute Resolution Act).
TRACE is entitled to amend prices with a notice period of 6 weeks in text form. In the event of price increases of more than 5%, the user has the right to terminate the contract with immediate effect as of the date the amendment takes effect.
TRACE is not liable for delays or failures in performance due to force majeure, including natural disasters, official orders, pandemics or infrastructure failures of third parties.
In the event of the insolvency of TRACE Electricity, TRACE or the insolvency administrator shall endeavour to properly transfer data to the customer within 30 days in a machine-readable format (CSV or JSON). There is no legal right to continuation of the contract by the insolvency administrator; the rights and obligations are governed by the provisions of the Insolvency Code, in particular § 103 InsO (insolvency administrator's right of election).
We'll send you a link by email so you can open the app on your desktop or laptop.
We sent the app link to . Open the email on your laptop or desktop to launch TRACE.App.
We use your email solely to send you this link. Details in our Privacy Policy.