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Terms and Conditions

1. Background​

  • These terms and conditions (the “Terms and Conditions”) govern the access to and use of the Sourceful website, platform, products, and other services provided by Sourceful Labs AB (collectively, the “Services”), between the End User and Sourceful Labs AB.

  • The Services provides a blockchain-based service for management, measurement and distribution related to solar energy.

  • By using the Services, the End User agrees and consents to being bound by the Terms and Conditions set out herein.

2. Definitions​

  • Definitions shall, irrespectively of whether used in singular or plural, in definite or indefinite form, have the defined meaning as set out below in this Section 2 when used with a capital initial letter.

  • “Confidential Information” means all information of any nature (whether oral, written, electronic or any other form) disclosed by either Party before or after the effective date of the Terms and Conditions relating to the disclosing Party, to its business, technology, partners, affiliates, customers and/or suppliers and irrespective of whether such information is retained in the form in which it was provided to the other Party or is contained or reflected in notes or other documents prepared by the disclosing Party.

  • “End User” means the consumer that is using the Services in accordance with these Terms and Conditions.

  • “Sourceful” means Sourceful Labs AB, reg. no 559382-0458.

  • “Intellectual Property Rights” means all present and future rights, title, and interest whatsoever (whether legal or beneficial and whether registered or unregistered), in the copyright and in any design rights, trademarks, patents, rights or protections or similar to copyright (including all moral rights), topography rights, software programs, applications, database rights, know-how, trade names, trade secrets, inventions and other intangible proprietary information.

  • “Party” means Sourceful and the End User respectively and “Parties” means Sourceful and the End User jointly.

  • “Services” means the Sourceful website, platform, products, and other services provided by Sourceful to the End User. For the avoidance of doubt, third-party services or applications that are contracted directly between the End User and the third-party provider are not included in the Services.

3. General​

  • These Terms and Conditions govern the End User’s use of the Services developed and maintained by Sourceful, solely for purposes in accordance with the Terms and Conditions.

  • Purchases of hardware products sold by Sourceful are subject to Appendix 1 (Terms of Purchase) to these Terms and Conditions.

4. New versions​

  • Sourceful are entitled to update, upgrade and modify the Services at all times. Significant changes will, in Sourceful’s discretion, be communicated to the End User directly or by notice on Sourceful’s website.

  • These Terms and Conditions apply to updates, upgrades and supplements to the original Services, unless Sourceful provides other terms along with the update, upgrade or supplement.

  • The End User acknowledges and agrees that Sourceful may stop providing and/or modify the Services (or any features within the Services) to the End User or to other users at Sourceful’s sole discretion, subject to thirty (30) days’ prior notice to the End User.

5. No warranty​

  • Except as expressly specified herein, the Services is provided “as is” and “as available” without warranty of any kind, whether express or implied. Sourceful does not warrant that the Services will be compatible with any End User material or data or otherwise meet the End User´s requirements, or that operation will be uninterrupted or error-free.

  • Sourceful does not warrant that the output or result of using the Services will be correct, error-free or otherwise meet the End User’s requirements.

6. Utility tokens​

  • By linking a Solana wallet to the Service, connecting the gateway to the Service and making electricity available to the network operators through the Service, the End User can be rewarded with utility tokens as described on the Sourceful website. Neither the End User nor Sourceful are entitled to any other rewards or compensation for using or providing the Services, unless explicitly set out in these Terms and Conditions.

7. Limitation of Liability​

  • The End User assumes the entire risk of using the Services.

  • Sourceful is under no circumstances liable for indirect damages, special damages, consequential damages including, but not limited to, loss of profits or loss of data, which may result from the use of the Services.

  • If End User’s material, data, methodologies, software, information and/or equipment provided by End User to Sourceful or used by End User in connection with the Services is held or is reasonably believed by Sourceful to infringe any third party right, Sourceful shall have a right to cease using such information and suspend the End User’s access to and use of the Services and to request that the End User remove or delete such information stored or processed on the Services. Should End User fail to remove or delete such information stored or processed on the Services within ten (10) days’ from receiving notice thereof, Sourceful shall have a right to remove or delete such information.

  • 7.1, 7.2 and 7.3 apply to the maximum extent permitted by applicable mandatory law.

8. Misuse of the Service​

  • Sourceful reserves the right to, in its sole discretion, deactivate, suspend or terminate the End User’s access to the Service and right to receive any future utility tokens through the Service, in the event Sourceful has reason to believe that the End User is misusing the Service in any way. Misuse of the Service shall include, but not be limited to, attempting to or misrepresenting, distorting or falsifying the input or output from the energy gateway or otherwise by conducting any fraudulent or illegal activity.

  • In the event Sourceful has suspended an End User suspected of conducting activities described in Section 8.1 above, the End User access to the Service and right to receive tokens may be reinstated by validating that its has not used the Service in violation with the Agreement. The process for validation of the End User’s conduct is described on the Sourceful website. However, Sourceful reserves the right to assess each individual situation and in its sole discretion determine when and if an End User can be reinstated.

9. Indemnification​

  • To the maximum extent permitted by applicable mandatory law, the End User agrees to defend, indemnify and hold harmless Sourceful from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) relating to (i) any non-compliance by the End User with these Terms and Conditions, (ii) any violation of applicable law, including but not limited to, infringement of any third party right relating to the End User’s use of the Services in violation with these Terms and Conditions, or (iii) a suspension of the End User’s access to or use of the Services or a deletion of the End User’s information.

10. Support​

  • If you need help with the Services, visit our community on Discord where you can connect with us and other users and developers. Sourceful has no responsibility for any advice given by other users and developers.

  • Sourceful has no obligation to provide support for the Services.

11. Grant of Use​

  • Subject to the End User’s compliance with the Terms and Conditions, Sourceful grants the End User a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to use the Services in the form provided in accordance with these Terms and Conditions and applicable law. The End User is furthermore entitled to use the Services in accordance with the open-source licensing model described in Section 12.3.

  • Any notices of copyright or other Intellectual Property Right concerning ownership rights of the Services or medium on which the Services is made available may not be altered or deleted. The same applies to the corresponding markings on all documentation that is provided by Sourceful.

  • Any third-party tools or software included in the Services may also be subject to separate license agreement with such third party. Sourceful is not liable for any third-party tools or software or the End User’s use thereof.

12. Intellectual Property Rights​

  • The title to and ownership of, and all Intellectual Property Rights, including but not limited to copyright, and all other rights to, the Services (or the copy of the Services or the medium on which the Services has been delivered) shall remain with Sourceful, (or its third-party licensors, as applicable). Thus, these Terms and Conditions do not imply that any other rights are granted to the End User other than the right to use the Services solely for the End User’s internal use as set out in these Terms and Conditions.

  • Nothing in these Terms and Conditions shall imply a right for the End User to use any of Sourceful’s trade names, trademarks, service marks, logos, domain names, or other Intellectual Property Rights owned by Sourceful (or its third-party licensors, as applicable).

  • Sourceful has released the source code to the software used to facilitate the Services as open-source software under the MIT license. The End User is free to download and use, further develop and create derivative versions of the software in accordance with the terms set out in the MIT license.

13. Personal Data​

  • Sourceful will process personal data in accordance with our Privacy Policy. Please find our Privacy Policy.

14. Consumers' right to rescind from the Agreement​

  • If the End User is a consumer, as defined under applicable law, the End User has a right to rescind from the Agreement within fourteen (14) days from registering for the Services and through the registration entering into the Agreement with Sourceful.

15. Termination and Consequences of Termination​

  • The End User may terminate the Service at any time by disconnecting the gateway from the Service.

  • The End User may also terminate the Service by contacting Sourceful at sales@Sourceful.io.

  • For avoidance of doubt, the End User are not rewarded utility tokens following termination.

  • Sourceful may terminate the Agreement at any time without cause by disconnecting the gateway from the Service.

16. Confidentiality​

  • Each Party shall maintain strict confidentiality and shall not disclose to any third party any Confidential Information which comes into that Party’s possession and shall not use Confidential Information without prior written permission by the other Party. This provision shall not, however, apply to information or material, which is, or becomes, public knowledge by means other than by breach by a Party to this section and to the extent Confidential Information must be disclosed due to applicable law, stock exchange regulations or by order of a court or a government agency or authority, provided that the disclosing Party promptly gives notice to the other Party of such obligation of disclosure.

  • Each Party shall ensure that requisite confidentiality agreements are entered into with the respective Party’s employees and representatives to bind all such personnel to adherence with the abovementioned confidentiality undertaking.

17. Limitations​

Sourceful may suspend or revoke your license to use the Service, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Service.

Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:

cheats; i.e. methods not expressly authorized by Sourceful (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating fraudulent behavior, including exploits of any bugs.

bots; i.e. any code and/or software, not expressly authorized by Sourceful, that allows the automated control of a Service, or any other feature of the Service, e.g. simulation of data used by the Service;

hacks; i.e. accessing or modifying the software of the Service in any manner not expressly authorized by Sourceful; and/or

any code and/or software, not expressly authorized by Blizzard, that can be used in connection with the Service and/or any component or feature thereof which changes and/or facilitates use of fraudulent data or other functionality;

18. Miscellaneous​

  • The End User may not sell, assign, or transfer any of its obligations and/or rights under these Terms and Conditions without the prior written consent of Sourceful.

  • These Terms and Conditions supersede all prior agreements and understandings (whether written or oral) between the Parties with respect to the subject matter hereof.

  • Sourceful reserves the right to amend and update the Terms and Conditions at its own discretion. Sourceful shall inform the End User of any amendments of material importance to the Terms and Conditions no later than sixty (60) days prior to the change coming into effect. Any amendments or updates to the Terms and Conditions entitles the consumer to terminate the Terms and Conditions.

  • Any amendments or updates to the Terms and Conditions agreed between the Parties must be made in writing.

  • For questions or concerns about the Services, please contact Sourceful at info@Sourceful.io.

19. Law and Dispute Resolution​

  • These Terms and Conditions shall be governed by the substantive law of Sweden, without regard to its principles and rules on conflict of laws.

  • For questions or complaints about the Product (as defined in Appendix 1 – Terms of Purchase below), please contact us at info@Sourceful.io. The Purchaser may also file complaints to The National Board for Consumer Disputes (ARN) or general courts.

Appendix 1 - Terms of Purchase​

1. Applicability​

  • These terms of purchase (the “Terms of Purchase”) supplement the Terms and Conditions and shall apply when the parties (the Purchaser and Sourceful) have agreed in writing or have otherwise entered into an agreement according to which the Terms of Purchase apply.

  • In the event of conflict between these Terms of Purchase and the Terms and Conditions, these Terms of Purchase shall take precedence in relation to purchases of hardware from Sourceful. All other provisions of the Terms and Conditions shall remain in effect.

2. Definitions​

  • Definitions shall, irrespectively of whether used in singular or plural, in definite or indefinite form, have the defined meaning as set out below in this Section 2 when used with a capital initial letter. The definitions set out in the Terms and Conditions shall also apply.

  • “Agreement” shall mean every individual agreement between the Purchaser and Sourceful regarding the sale and purchase of Products. These Terms of Purchase shall constitute an integral part of any such Agreement.

  • “Product(s)” shall mean the components which Sourceful undertakes to sell to the Purchaser, and which are set forth in detail in an Agreement.

  • “Purchaser” means the consumer entering into the Agreement with Sourceful.

3. Prices and Payment​

  • The price of the purchase shall be set to the price which Sourceful applies at the time of receiving the order from the Purchaser, unless the Parties have expressly agreed otherwise. Unless otherwise expressly agreed, the prices are set exclusive of VAT and other public charges, which shall be paid by the Purchaser.

  • Unless otherwise agreed in writing between the Parties, payment shall be made in SEK within thirty (30) days of the purchase. In the event of the Purchaser’s delay with such payment, Sourceful shall be entitled to interest in accordance with the Swedish Interest Act (1975:635).

4. Delivery and delivery time​

  • Sourceful shall deliver the Product to the Purchaser within thirty (30) days after entering the Agreement, unless otherwise agreed.

5. Consumers' right to rescind from the Agreement​

  • The Purchaser has a right to rescind from the Agreement within fourteen (14) days from delivery. The Purchaser shall notify Sourceful of its decision to rescind from the Agreement in accordance with section 6 below.

  • When the Purchaser has connected the Product to the Purchaser’s solar panels and initiated the use of the Services with the Product, the chip inside Product is irreversibly coded to the Purchaser. As such, the Product has been fully delivered and utilized by the Purchaser upon the Purchaser’s connection to the Product. The Purchaser’s right to rescind from the Purchase with Sourceful does not include Products that cannot be restored once the Purchaser has connected to it, Sourceful undertakes to specifically informer and request the End User’s approval in relation to the exemption from the right to rescind from the purchase in connection with the sale of the physical product.

6. Notice​

  • For questions or concerns about the Product, please contact Sourceful at info@Sourceful.io.

7. Limitation of liability​

  • The End User assumes the entire risk of using the Products.

  • Sourceful is under no circumstances liable for direct damages, indirect damages, special damages, consequential damages including, but not limited to, loss of profits or loss of data, which may result from the use of the Product.

  • For information on product safety, please refer to the manufacturer’s terms and conditions. These are provided together with the product.

  • 7.1 and 7.2 applies to the maximum extent permitted by mandatory law.

8. Grounds of relief​

  • A circumstance which prevents or substantially obstructs the performance of Sourceful’s undertakings under the Agreement, and which Sourceful could not dispose of, and defects or delays in deliveries from sub-suppliers caused by the above-mentioned circumstances, shall constitute grounds for relief which entitles Sourceful to appropriate time extensions and relief of liability from conditional fines and other sanctions. Sourceful shall notify the Purchaser in writing without unreasonable delay from the day Sourceful realized or ought to have realized the grounds for relief.

  • The Purchaser shall be entitled to withdraw from the Agreement if the performance of the Agreement is delayed for more than six months due to a circumstance set out in 8.1.