Terms & Conditions - Nutzer Platform
1. Scope of Application
1.1 These General Terms and Conditions ("AGB") apply to all contracts relating to the use of the online platform User Platform at nutzer.levo.gmbh between Levo GmbH, Bücklestraße 3, 78467 Konstanz, Germany ("Levo", "we") and its users or customers ("User", "Customer", "you").
1.2 The User Platform is designed in particular to enable users of a communal building energy supply or solar-based energy supply to view consumption data, invoices, and contract-related information.
1.3 These AGB apply to both:
- a) consumers within the meaning of Section 13 BGB, and
- b) entrepreneurs within the meaning of Section 14 BGB.
1.4 Conflicting, deviating, or supplementary terms of the Customer shall not apply unless Levo has expressly agreed to them in text form.
2. Provider
Provider of the User Platform and contractual partner with respect to the platform is:
Levo GmbH Bücklestraße 3 78467 Konstanz Germany
Commercial Register: Freiburg HRB 734714 Email: contact@levo.gmbh
3. Subject Matter of the Contract
3.1 Levo operates the User Platform as a digital platform for displaying and managing user-related information in connection with energy consumption, consumption overviews, invoices, and other contract-relevant data.
3.2 Unless otherwise stipulated in the individually signed contract, Levo provides the technical platform and its associated functions.
3.3 Where the individually concluded contract so provides, the subscription or consumption-based billing is carried out in the name and on behalf of the respective operator of the installation ("Operator"). In this case, the Operator is the User's contractual partner with respect to the energy-related service, tariffing, and billing, while Levo assumes the technical provision and operation of the platform.
3.4 The specific scope of services results from these AGB, the online ordering process, the separately signed contract, and any supplementary agreements.
3.5 Unless expressly agreed otherwise, Levo does not owe any specific economic success, any specific savings, or uninterrupted technical availability.
4. Contract Conclusion
4.1 Users cannot independently create an account on the platform.
4.2 The contract is concluded through an online ordering process with Levo and additionally through a separately signed contract, which may in particular set out the kWh-based tariffing and the contract term.
4.3 By submitting an order, the Customer makes a binding offer. The contract is concluded when Levo accepts the order or grants access to the User Platform.
4.4 Levo reserves the right to reject orders where required information is missing, inaccurate, or where legal or technical reasons prevent processing.
4.5 Where consumers are concerned, the mandatory statutory requirements of electronic commerce apply to paid online contracts. The ordering process must clearly indicate the obligation to pay.
5. Platform Access
5.1 Access to the User Platform is granted only to the specifically designated User and only for the contractually intended purpose.
5.2 Access credentials must be kept confidential and protected against unauthorized access by third parties.
5.3 The User is responsible for all actions carried out using their access credentials, insofar as the User is responsible for the misuse.
5.4 The User must inform Levo without undue delay if there are indications of unauthorized use of their access.
6. Right of Use
6.1 For the duration of the contract and subject to proper payment of the agreed remuneration, the User receives a simple, non-exclusive, non-transferable, non-sublicensable right to use the User Platform for the contractually intended purposes.
6.2 Any transfer, rental, leasing, sublicensing, resale, or other provision to third parties is prohibited unless expressly agreed otherwise in writing.
6.3 The User may not use the platform unlawfully, circumvent technical protection measures, or decompile or reverse-engineer the platform except where mandatory law expressly permits this.
6.4 If the User or Customer fails to pay the agreed remuneration or does not fulfil payment obligations towards the Operator, access to the User Platform may be suspended or restricted after prior notice and expiry of a reasonable grace period, to the extent legally permissible.
7. User Duties
7.1 The User is obligated to provide all information required for the contract and use of the platform completely and accurately.
7.2 The User is responsible for ensuring that the content and information entered or transmitted via the platform is lawful and does not infringe any third-party rights.
7.3 It is prohibited to upload or transmit any unlawful content, malware, or other technically harmful content.
7.4 The User remains responsible for compliance with statutory obligations arising in connection with their energy consumption, usage, or contractual relationship with the Operator.
8. Prices, Billing, and Payment Terms
8.1 Use of the User Platform or the subscription facilitated through the platform is based on the fees agreed during the ordering process and/or in the separately signed contract.
8.2 Billing is carried out at monthly intervals.
8.3 The remuneration may be wholly or partly consumption-based, in particular based on the kWh tariffing agreed in the contract.
8.4 Where applicable in individual cases, payments are made economically for the benefit of the Operator; Levo may in this respect act as the technical platform provider and/or settlement agent.
8.5 In the event of payment default, Levo or the respectively entitled contractual partner is entitled to the statutory rights.
9. Contract Term, Renewal, and Termination
9.1 The subscription is concluded with a minimum term of one (1) year.
9.2 After expiry of the minimum term, the contract renews automatically unless effectively terminated.
9.3 Termination must be declared by contacting Levo by email at contact@levo.gmbh or via the contact page on the website.
9.4 During the agreed minimum term, ordinary termination by the User is generally excluded, unless there is a move-out, another contractually provided special case, or good cause.
9.5 After expiry of the minimum term, termination takes effect in accordance with the contract or the applicable statutory provisions.
9.6 The right of both parties to terminate for good cause remains unaffected.
9.7 Where the User is a consumer and the contract was concluded online, the statutory requirements regarding automatic renewal and online termination must be observed. In consumer contracts, renewal and termination provisions in general terms and conditions may not exceed the legally permissible extent. Additionally, for paid ongoing obligations that can be concluded online, a statutory obligation may exist to provide a direct online termination option.
10. Contact Form and Uploads
10.1 Users may contact Levo via the contact form and upload images or documents in connection with their request.
10.2 Such data is used solely for processing the respective request.
10.3 According to Levo's current process, files and data submitted via the contact form are not shared with third parties and are retained for a maximum of one (1) month, unless a longer statutory retention period applies or retention is necessary for asserting, exercising, or defending legal claims.
10.4 Further information on the processing of personal data is provided in the Privacy Policy.
11. Intellectual Property
11.1 The User Platform, including its software, databases, layout, design, texts, graphics, logos, trademarks, and other content provided by Levo, is protected by copyright, trademark rights, and other legal protections.
11.2 All rights in and to the User Platform as well as Levo's own content and trademarks remain exclusively with Levo or its respective licensors.
11.3 The User is granted only the rights of use expressly set out in these AGB.
11.4 Any use of Levo's trademarks, logos, or other protected content beyond the contractually intended purpose requires Levo's prior written consent.
12. Feedback and Suggestions
12.1 If the User submits feedback, ideas, improvement suggestions, or other input relating to the User Platform or Levo's services, Levo is entitled to use, evaluate, adapt, and commercially exploit such feedback without restriction for business purposes.
12.2 The User has no claim to compensation, reimbursement, attribution, or other recognition for such feedback, unless otherwise expressly agreed.
13. Changes to the Services
13.1 Levo is entitled to further develop, adapt, or modify the User Platform where this is necessary for technical, legal, or operational reasons and the essential contractual purpose is not unreasonably impaired.
13.2 Levo is entitled to carry out maintenance work and technical changes.
14. Liability
14.1 Levo shall be liable without limitation:
- a) for intent and gross negligence,
- b) for injury to life, body, or health,
- c) under the German Product Liability Act, and
- d) to the extent of any guarantee expressly assumed.
14.2 In cases of slight negligence, Levo shall only be liable for breach of a material contractual obligation. In such case, liability is limited to the foreseeable damage typical for the contract.
14.3 Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the User may regularly rely.
14.4 The above limitations of liability also apply in favour of Levo's legal representatives, employees, and vicarious agents.
14.5 Any liability for loss of data is limited to the typical recovery effort that would have occurred had the User made appropriate backups, unless Levo is mandatorily liable without limitation.
15. Set-Off and Retention Rights
15.1 The User may only set off claims that are undisputed, ready for decision, or finally adjudicated.
15.2 A right of retention may only be exercised insofar as it is based on the same contractual relationship.
16. Consumer Notices
16.1 Where the User is a consumer, mandatory statutory consumer rights remain unaffected.
16.2 Any statutory rights of withdrawal are not restricted by these AGB. Where legally required, separate consumer information and withdrawal instructions must be provided.
16.3 Special information obligations and formal requirements may apply to paid consumer contracts concluded online.
17. Governing Law and Jurisdiction
17.1 The laws of the Federal Republic of Germany shall apply.
17.2 If the User is a consumer with habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected.
17.3 If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Konstanz or, at Levo's option, Freiburg, to the extent legally permissible.
17.4 Statutory provisions on exclusive jurisdiction remain unaffected.
18. Final Provisions
18.1 Amendments and supplements to individual agreements should be made in text form.
18.2 Should any provision of these AGB be wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
18.3 The invalid or unenforceable provision shall be replaced by the applicable statutory provision.