These Terms constitute a binding agreement between you and The SolarWise Own The Sun AG.
The following Terms and Conditions (the “Terms”) constitute a binding agreement between you (“you”, “your” or the “user”) and The SolarWise Own The Sun AG, a company registered under the laws of Switzerland, with a registered address at Seestrasse 18c, 9326, Horn (“us” or “SolarWise”).
These Terms govern your interaction with SolarWise and your use of any SolarWise services collectively, the “Services”.
By clicking “I agree” or accessing and/or using any of the Services provided by SolarWise, you confirm that you have read, understood, and accepted these Terms.
SolarWise offers to enter into a contractual agreement with respect to solar panels offered for sale within a platform available at solarwise.ch (the “Platform”).
By accessing SolarWise’s Platform, the user will be able to purchase tokens that represent ownership of physical Tier 1 certified solar panels within specific photovoltaic systems located in various countries as indicated in the NFT metadata.
The token is offered on the Platform in the form of a Non-Fungible Token (“NFT”), issued and managed on the VeChain blockchain. NFTs are directly linked to ownership rights of an individualized solar panel.
By using the Platform, the user acquires ownership of solar panels, access to energy production data, transparent cost information, and the right to receive proceeds from the sale of solar energy after deduction of all costs, including SolarWise fees.
The user acknowledges that SolarWise facilitates the contractual relationship between the user and the owner/operator of the solar farm. SolarWise does not own the solar panel and its management is delegated to a third-party responsible for the solar farm.
The contractual relationship between the user and the solar farm is regulated by a separate custody agreement (“Custody Agreement”).
SolarWise reserves the right to offer, modify, withdraw, and/or terminate any of the Services at any time, without notice or liability to you.
SolarWise tokenizes solar panels and offers them for sale within the Platform. A single NFT exclusively represents the right of ownership of a specific solar panel.
By purchasing the NFTs, ownership of the solar panel is automatically transferred to you.
You acknowledge and agree that, as owner of the solar panel, you may have the right or obligation to dismantle and remove the solar panel from the solar farm where applicable.
In the event of dismantlement, the corresponding NFT shall irrevocably lose all value and legal force, as it shall no longer represent anything other than bare title of ownership over a decommissioned asset.
SolarWise may provide insurance information, including coverage terms and claims process, prior to purchase.
NFTs held in custody do not qualify as a deposit within the meaning of Article 481 of the Swiss Code of Obligations. SolarWise will not permit refunds or repayment of NFTs purchased by you.
As a holder of an NFT issued by SolarWise, you hold full ownership rights over the specific solar panel associated with your NFT, including the right to receive proceeds generated from the sale of solar energy.
To purchase NFTs, SolarWise reserves the right to request information required for Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) purposes.
SolarWise may request information including, but not limited to, origin of funds, country of residence, and politically exposed person status.
Refusal to provide requested information or a negative AML due diligence outcome may result in SolarWise refusing to provide Services.
The purchase of each NFT is subject to acceptance of a separate Custody Agreement governing safekeeping, maintenance, and management of the solar panel associated with such NFT.
Prior to completing the purchase, the Custody Agreement will be presented in a dedicated pop-up window. By clicking “I Accept”, you agree to be bound by its terms as if signed in writing.
No purchase shall be completed, and no transfer of ownership shall take effect, until the Custody Agreement has been expressly accepted through the Platform.
SolarWise acts solely as an intermediary facilitating the transfer of ownership of the solar panel to you. SolarWise does not hold title to, custody of, or control over the solar panels.
You acknowledge that:
Only persons of legal age, or persons above 16 years old with parental or legal guardian consent, may use the Services.
By using the Services, you represent that you have legal capacity, or that appropriate consent has been given.
If you represent a corporation, governmental organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms.
The Services are the property of SolarWise or its licensors and are protected under national and international laws, including copyright, trademark, and other laws.
Subject to compliance with these Terms, SolarWise grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Platform.
You may not copy, modify, distribute, lease, reverse engineer, or make the Services or Platform available to multiple users except as expressly permitted.
If you purchase an NFT representing ownership of a specific solar panel, you shall transfer the purchase price to SolarWise, which shall remit the payment to the original owner of the solar panel.
Payment shall be made exclusively through methods determined by SolarWise. You accept that you bear exchange costs related to the purchase.
Proceeds from the sale of energy produced by your solar panel shall be credited to the bank account or wallet address provided by you.
SolarWise is not responsible for verifying the accuracy of wallet addresses or bank account details provided by you.
SolarWise may terminate these Terms immediately in cases of conclusive evidence of fraud, money laundering, terrorism financing, criminal conduct, material irremediable breach, or where required by law or authority order.
In cases of reasonable suspicion, SolarWise may suspend access pending investigation or terminate upon written notice.
Upon termination without fraud or material breach by the user, SolarWise shall take reasonable steps to transfer associated NFTs to a wallet address designated by the user within thirty days.
SolarWise will make reasonable efforts to keep the Services and Platform operational. However, technical difficulties or maintenance may result in temporary interruptions.
SolarWise may modify or discontinue functions and features of the Services temporarily or permanently, with or without notice, to the extent permitted by law.
To provide the Services, SolarWise may collect, store, and process your personal data and/or information. By using the Services, you acknowledge that you have read and accepted SolarWise’s privacy policy.
SolarWise, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors shall not be liable for any loss or damages arising from or related to use of the Services or Platform.
SolarWise’s aggregate liability under these Terms shall not exceed the purchase price paid by you for the relevant NFT.
SolarWise shall not be responsible for circumstances beyond its reasonable control, including weather conditions, strikes, fires, floods, natural disasters, acts of war, governmental actions, grid curtailment, energy market changes, or currency devaluation.
SolarWise assumes no responsibility for technical failures, cyberattacks, data loss, stolen credentials, phishing, service interruptions, loss of profits, or errors in distribution of energy sale proceeds.
To the fullest extent permitted by law, you agree to defend, hold harmless, and indemnify SolarWise and its related parties from claims, actions, proceedings, liabilities, damages, losses, costs, fines, penalties, and expenses arising from your breach of these Terms, misuse of Services, violation of law, violation of third-party rights, or inaccurate information provided by you.
These Terms constitute the entire agreement between you and SolarWise and supersede any prior agreement relating to the subject matter.
SolarWise reserves the right to amend these Terms. Proposed amendments shall be notified to users by email or prominent notice on the Platform no less than thirty days before taking effect.
Where an amendment is material, the user may reject it and terminate these Terms without penalty before expiry of the amendment notice period.
If any provision is held invalid or unenforceable, remaining provisions shall remain valid and enforceable. Failure by SolarWise to enforce rights shall not be considered a waiver.
SolarWise may assign these Terms and/or delegate obligations in whole or in part. If the user transfers rights related to the Services, these Terms will automatically be assigned to the new third party.
Nothing in these Terms shall create a principal-agent, partnership, or joint venture relationship between you and SolarWise.
SolarWise shall not be deemed in default where performance is delayed or prevented by circumstances beyond reasonable control, including war, insurrections, bank failures, strikes, fires, floods, earthquakes, epidemics, governmental regulations, natural disasters, or acts of government.
These Terms are governed by Swiss law, excluding Swiss international private law and international treaties. All disputes shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland.
The SolarWise Own The Sun AG is a Swiss-based technology platform. By accessing this website, you acknowledge and agree to the following:
MANDATORY REQUIREMENT
