General Terms and Conditions of Use for Services

1. Subject of the Terms

1.1 These terms of use (‘Terms of Use’) apply to the contractual relationship between Comsel System Oy (‘Comsel System’), the direct contracting party (“Customer”) and the end user (‘User’) of applications provided by Comsel System (‘the Application’), collectively referred to as the Customer and the User, hereinafter referred to as the ‘Parties’. The Terms of Use apply to the Parties' right to use the services provided by Comsel System in the Application. In the Application, the Parties can, among other things, monitor, manage and optimise the use of devices (‘Comsel Device’) purchased by the Customer from Comsel System, Comsel System's partners, or third-party devices supported by Comsel System's applications and services. 1.2 The Service may be subject to additional terms and conditions that the Parties must agree to before the Parties begin using the Service in question. If the additional terms and conditions conflict with these Terms of Use, the terms and conditions for the Service in question shall apply in the first instance and these Terms of Use shall apply in the second instance. 1.3 Comsel System reserves the right to make changes to the Terms of Use. The amended Terms of Use shall enter into force when the Parties have approved the amended Terms of Use in the Application or otherwise continued to use the Application or Service to which the amended Terms of Use apply. 1.4 The Services may be used by the owner of the relevant Device, the person in possession of the Device or the person who has access to the service on the basis of some other right of use. The Parties are not entitled to use the Services for another party's Device without the appropriate licence.

2. Validity and Termination of the Agreement

The right to use a Service shall take effect on the part of the Parties when the Parties have approved these Terms of Use, filled in the information required to open the Application and the Service, and the User has registered as a user of the Application and the Service. After the Parties have registered, the Parties' right of use shall apply until further notice. Both Parties have the right to terminate the right to use the Service with one (1) month's notice, unless otherwise agreed. Comsel System has the right to delete from its records any Customer usernames that have not been used for more than twelve (12) months.

3. Services

3.1 ‘Services’ refers to services that are included from time to time in the range of services offered in Comsel System Applications and that can be used through this registration and in accordance with the Services that the Parties have implemented in the Application.

3.2 The Services are continuously developed and the Service is delivered to the Parties ‘as is’. Comsel System reserves the right to change, among other things, the selection of services, user manuals, the information technology function and the appearance of the Service, and to regularly update the Services' software in order to maintain or develop the Service's functions and to guarantee the security of the Devices and Services without notifying the Parties separately. If the Parties use the Services after a change has come into effect, the Parties are deemed to have accepted the change.

3.3 Comsel System is not responsible for the Service being suitable for other purposes desired by the Parties than the purpose for which the Service is intended.

4. Regulating Power

4.1 ‘Regulating power’ means that the Unit's energy consumption is changed or interrupted, or that energy charged in a battery is fed into the electricity grid.

4.2 The transmission system operator Fingrid Oyj is obliged to prepare for situations in which there is an imbalance in the electricity system and to be able to react quickly by regulating electricity production and consumption. For this reason, Comsel System has the right to decide that services related to the use of Control Power are covered by these Terms of Use. The device may therefore automatically regulate energy use when a disturbance occurs that may affect the functioning of the Device, the Application or the Service.

5. Consumption Flexibility

The Service may include features whereby the schedule and timing of the Device's energy consumption and other functions are optimised in accordance with what Comsel System has defined or in accordance with the definition chosen by the Parties (‘Consumption Flexibility’).

6. Username and Password

Upon registration, the User will receive a personal username and password for the Application. The User undertakes to store them carefully and keep them secret. The User is responsible for ensuring that no third party gains knowledge of the username and password. The User is responsible for any use made of the User's username and password and for any damage and costs this may entail. If the User has reason to suspect that the username has been lost or fallen into the possession of an unauthorised person, the User shall immediately change the password in the Application or immediately inform customer service, which will then ensure that the authorisations associated with the username and password are removed. This can be done during the opening hours of Comsel Systems' customer support, as soon as possible given the work situation.

7. Obligations of the Parties

7.1 The parties are obliged to use the Application and Services in accordance with these Terms of Use, the law and good practice.

7.2 The Application may not be used to publish or distribute material protected by copyright or other intellectual property rights without the permission of the relevant rights holder, or in any other way that is harmful, offensive or damaging to Comsel System, the Customer and other Users or third parties.

7.3 The User is responsible for all actions performed in the Service with the User's current username. The information provided is binding on the User. If there are errors in the information provided or if the information is destroyed, the User shall provide new information upon request. If the User discovers or suspects an error in the Service, the User shall discontinue use of the Service, immediately notify Comsel System of the error and follow the instructions from Comsel System.

8. Data Security and the Processing of Personal Data

8.1 The Parties are aware that it is not possible to completely guarantee information security in an electronic network environment. The Parties are responsible for appropriate data security in the Parties' own information systems and for the devices and connections required to use the Application and Services. The Parties are also responsible for ensuring that the devices and connections in question do not cause damage, disruption or harm to Comsel System or third parties. The Parties undertake to immediately notify Comsel System if the user's username is subject to misuse.

8.2 Comsel System is not liable for damage caused to the Parties by data security risks (e.g. computer viruses). Comsel System is not liable for any damage that may be caused to the Parties by information being lost or disappearing in the data network.

8.3 The Parties are obliged to provide the information that is essential and necessary for the delivery and commissioning of the Service and for registration in the Service. The Parties are responsible for ensuring that the information provided the Parties provide is correct and accurate and that the Parties have the right to disclose the information. The Parties are obliged to immediately notify Comsel System of any changes to their contact details or to the information provided by the Parties. Comsel System is responsible for ensuring that the Parties' personal data is processed with due care and in accordance with applicable legislation.

8.4 The Application processes the personal data of the User and other registered persons in accordance with Comsel System's current data protection description, which is available at https://arcticcharge.com/privacy.html and http://comselsystem.com/privacy&policy, which contains more information about rights relating to the processing of personal data.

9. Customer Support

Comsel Systems' customer support provides the Parties with advice on matters relating to the use of the Service during customer support opening hours at: support@comsel.fi.

10. Availability and Right to Terminate the Service

10.1 Comsel System has the right to temporarily suspend the use of the Services and the Application if it is necessary due to the Services, the Application or the Devices, technical changes or renewal of them, or due to installation, modification and maintenance work in the public telecommunications network. It is possible that the Service or Application cannot be used during ongoing programme updates.

10.2 Comsel System has the right to suspend the provision of Services by temporarily or permanently closing the operating connection, for example if the Parties do not comply with these Terms of Use or there is reason to suspect that the Service is being used in a manner that may cause damage to the contracting parties or third parties.

10.3 Any disruptions and errors in the Services will be repaired within normal working hours and as soon as possible given the work situation. Comsel System is not responsible for any inconvenience caused by the repair measures.

11. Rights Related to the Service

The ownership rights, copyrights and other intellectual property rights included in the Application and Services belong to Comsel System or other rights holders. These Terms of Use grant the Parties a non-exclusive, limited and non-transferable right to use the Application and Services in question. The Parties also have no right to disassemble or modify the source code of the Application or the Services in any way.

12. Force Majeure

Comsel System is not liable for damage caused by force majeure or unreasonable difficulties in business operations arising from similar causes. Force majeure includes, for example, war or uprising, earthquake, flood or other comparable natural disaster, pandemic, restrictions issued under the Emergency Powers Act, interruptions in public transport, telecommunications or public electricity distribution, import or export bans, strikes, lockouts, boycotts or other comparable industrial action.

13. Limitation of Liability Regarding Compensation for Damages

13.1 Comsel System is not liable for any disruptions, delays, errors, obstacles to use, username malfunctions or other damages caused by circumstances that related to the use or function of the Service.

13.2 Comsel System is not responsible for services linked to the Application and provided by third parties. The terms and conditions of the service in question apply to the use of services provided by third parties.

13.3 Comsel System is not liable for indirect damage, consequential damage or loss of profit or other financial consequential losses.

14. Fees for Services and Applications

14.1 The fee for a Service and Applications is the fee stated in Comsel System's current price list.

15. Applicable Law and Resolution of Disputes

15.1 Any disputes concerning the Terms of Use shall be settled primarily through negotiations. If this is not possible, the Customer has the right to refer the dispute to the district court of their place of residence.

15.2 The Terms of Use are governed by Finnish law, with the exception of its choice of law provisions.