Terms and Conditions — Spark app

1. The parties and subject matter

1.1. This document constitutes the contract concluded between:

Nova Carpathians Creations S.R.L., a Romanian limited liability company, with its registered office at Sat Câmpeni (Com. Prăjeni) no. 80, Botoșani county, postal code 717306, Romania, registered with the Trade Register under no. J7/158/2019, sole registration code RO40526927, e-mail contact@greenlead.ro, telephone +40 754 389 035 (hereinafter the “Provider”, “we”, “us”),

and the natural person who downloads, installs or uses the application (hereinafter the “User”, “you”).

1.2. The subject matter of this contract is the Provider's supply of the digital service known as Spark – Solar Assistant, under the conditions set out below.

1.3. By downloading, installing or using the Application, the User declares that they have read, understood and fully accept these Conditions. Absent such acceptance, the User has no right to use the Application.

1.4. These Conditions apply exclusively to the Spark mobile Application. The general terms and conditions of the GreenLead platform (available in Romanian) continue to apply to the web services supplied through it — installer matching, quote requests, the lead system and the partner wallet. In the event of any inconsistency concerning the Application, these Conditions prevail.

1.5. The processing of personal data is governed by the Spark Privacy Policy, which forms an integral part of this contract.

1.6. The information required by Romanian Law no. 365/2002 on electronic commerce is set out in this section and in section 24.

2. Definitions

In these Conditions, the following terms have the meanings set out below:

• Application — the Spark – Solar Assistant mobile application, in any version and on any platform;
• Service — the digital service supplied through the Application, within the meaning of GEO no. 141/2021;
• Account — the user account created under section 4;
• Free Plan — use of the Service without payment of a price in money, described in section 10;
• Subscription — the paid service known as Spark Pro, described in section 11;
• App Store — the App Store operated by Apple Inc., or Google Play operated by Google LLC;
• Manufacturer's Platform — the online service operated by the inverter manufacturer or an affiliated third party, through which photovoltaic system data is made available;
• Spark+ — the artificial-intelligence-based conversational assistant made available through the Application;
• Automatically Generated Content — any text, assessment, diagnostic, recommendation or verdict produced by Spark+, by the Diagnostic function or by the Routine Check function.

3. Conclusion of the contract. Eligibility

3.1. The contract is deemed concluded upon creation of the Account or, if earlier, upon first use of the Application.

3.2. The User must be at least 18 years old and have full legal capacity. By accepting these Conditions, the User declares that they meet these requirements.

3.3. The Application is intended for use by consumers, within the meaning of Art. 2 point 2 of Romanian GEO no. 34/2014, for the management of their own energy system. Use for purposes falling within the User's trade, business, craft or profession renders the statutory consumer protection provisions inapplicable.

3.4. The Provider reserves the right to refuse to conclude the contract or not to supply the Service in a given territory, on objective grounds, including legal compliance.

4. The User's Account

4.1. The Account is created by supplying an e-mail address and a password, or by using the “Continue with Apple” or “Continue with Google” functions.

4.2. The User undertakes to supply true, accurate and complete information and to keep it up to date.

4.3. The User is responsible for keeping their authentication credentials confidential and for all operations carried out through their Account. The User must notify the Provider without delay, at contact@greenlead.ro, of any unauthorised use of or suspected compromise of the Account.

4.4. The Spark Account and the account on the greenlead.ro platform are one and the same account. Part of the profile data is shared between the two services, as set out in the Privacy Policy.

4.5. The User may delete the Account at any time, from the Application, via Settings → Delete account. Deletion is irreversible and produces the effects described in the Privacy Policy.

4.6. Deleting the Account does not, in itself, terminate an active Subscription. Termination of the Subscription is effected exclusively in accordance with section 11.4.

5. Description of the Service

5.1. The Application makes the following principal functionalities available to the User:

• a) connection to the User's account on the Manufacturer's Platform and display of data on production, consumption, battery state and grid exchange;
• b) calculation of estimates of savings and earnings, based on the energy price declared by the User;
• c) energy usage recommendations and a daily summary;
• d) the Spark+ conversational assistant, which has access to the User's system data;
• e) the Diagnostic and Routine Check functions;
• f) notifications regarding alarms, production and relevant events, subject to the User's consent.

5.2. The Service is informational and monitoring in nature. The Application is not a legal metering instrument, is not a security or alarm system, does not command or control the User's equipment, and does not substitute for the services of a qualified installer or electrician.

5.3. The Provider may develop, modify or withdraw functionalities, under the conditions of sections 11.2, 16 and 21.

6. Connecting the photovoltaic system. The User's representations and warranties

6.1. For the Service to operate, the User enters into the Application the credentials for their account on the Manufacturer's Platform.

6.2. By effecting the connection, the User represents and warrants that:

• a) they are the holder of that account or hold the express right to use it and to authorise the Provider's access;
• b) they are entitled to dispose of the photovoltaic system data to which they grant access;
• c) the connection infringes no third-party rights and does not breach the contractual conditions applicable between the User and the Manufacturer's Platform.

6.3. The User authorises the Provider to authenticate on their behalf on the Manufacturer's Platform and to access the plant's data periodically, including automatically and in the absence of any interaction by the User with the Application. This authorisation is revocable at any time, by disconnecting the system in the Application.

6.4. The User acknowledges that their authentication credentials are transmitted to the Manufacturer's Platform, for the purpose set out in art. 6.3.

6.5. The Provider recommends that, where the Manufacturer's Platform allows it, the User use a dedicated account with limited rights instead of their main administrator account.

6.6. The Provider is not affiliated with inverter manufacturers and does not represent them. The Manufacturers' Platforms are independent services, which they may modify, restrict or discontinue, whose access conditions they may change, and to which they may apply query limits. The Provider is not liable for the unavailability, delay or inaccuracy of data originating from them, subject to section 18.

7. Nature of the information supplied. Exclusion of professional advice

7.1. The values displayed in the Application originate from the User's equipment, via the Manufacturer's Platform, and are reproduced in the form in which they are received.

7.2. Earnings, savings, investment payback periods and any amounts expressed in money constitute estimates, determined on the basis of the data entered by the User — in particular the energy price in their contract — and of certain calculation assumptions. They do not constitute a guarantee of any financial outcome and do not substitute for the invoice issued by the User's energy supplier, which remains the only document with settlement value.

7.3. Weather forecasts and production estimates are approximate by their nature.

7.4. Automatically Generated Content is produced by technical means, without prior human review. It:

• a) may contain errors, omissions or information unsuited to the User's specific situation;
• b) is indicative in nature and does not constitute technical, electrical, energy, legal, tax, financial or investment advice;
• c) does not substitute for verification by a qualified installer or electrician.

7.5. This section defines the subject matter and nature of the performance owed; it is not a limitation of the Provider's liability. Liability is governed by section 18.

8. Safety warning

8.4. The Application is not an alarm or safety system. Notifications may be delayed or may not be delivered, for reasons relating to the communications network, the operating system, device configuration or the Manufacturer's Platform. The User shall not rely on the Application to be warned of critical situations.

9. Artificial intelligence systems. Transparency

9.1. The User is informed that, when using the Spark+, Diagnostic and Routine Check functions, they are interacting with an artificial intelligence system and not with a natural person. This information is provided in accordance with Art. 50 of Regulation (EU) 2024/1689.

9.2. Automatically Generated Content is produced by artificial intelligence models operated by third-party providers, identified in the Privacy Policy.

9.3. The User has the right to request a human review of any Automatically Generated Content, by submitting a request to contact@greenlead.ro. The Provider responds within a reasonable period.

9.4. Automatically Generated Content produces no legal effects concerning the User and does not constitute an automated decision within the meaning of Art. 22 of Regulation (EU) 2016/679.

10. The Free Plan

10.1. The Application may be used without payment of a price in money, within the limits of the Free Plan. As at the date of these Conditions, the Free Plan comprises:

• a) 5 messages per day to the Spark+ assistant;
• b) one Diagnostic session per calendar month;
• c) one Routine Check per calendar month;
• d) unrestricted access to the main dashboard, to system data and to notifications.

10.2. Use of the Free Plan involves the supply of personal data by the User. Accordingly, the contract remains subject to the legal guarantee of conformity set out in section 12, under GEO no. 141/2021.

10.3. The Provider may modify the limits of the Free Plan or discontinue it, on 30 days' notice, communicated in accordance with section 22. Such modification does not affect Subscriptions in progress.

11. The Spark Pro Subscription

11.1. Content. The Subscription extends the limits of the Free Plan. As at the date of these Conditions: 50 Spark+ messages per day, unlimited Diagnostics and Routine Checks. The applicable limits are those displayed in the Application at the time of use.

11.2. Modification of limits. The Provider may modify the limits of the Subscription only on objective and specified grounds, namely:

• a) a significant change in the costs borne by the Provider towards third-party providers of artificial intelligence or infrastructure services;
• b) a change in the applicable legal framework or in requirements imposed by the App Stores;
• c) requirements of Service security or the prevention of abusive use;
• d) improvement of a functionality or its replacement with an equivalent or superior one.

Such modification is communicated on 30 days' notice. Where the modification significantly reduces the User's rights under a paid Subscription, the User is entitled to terminate the Subscription before the modification takes effect and to obtain a pro-rata refund of the price corresponding to the unused period, under the conditions of art. 11.5.

11.3. Price, billing, renewal. The price is that displayed in the Application and in the App Store before the purchase is confirmed, in the currency of the User's account. As at the date of these Conditions, the reference prices for Romania are RON 35/month for the monthly plan and RON 23/month where payment is annual.

• a) The Subscription renews automatically at the end of each period;
• b) payment is collected by Apple, or Google, through the account associated with the App Store;
• c) the User's account is charged within the last 24 hours before the current period expires, at the price then in force, unless the User has cancelled beforehand;
• d) the Provider does not process or store payment instrument data.

11.4. Cancellation. The User cancels the Subscription from their account settings in the App Store (for the App Store: Settings → [the User's name] → Subscriptions), at least 24 hours before the end of the current period. Cancellation cannot be effected from the Application and cannot be effected by the Provider. After cancellation, the User retains access until the end of the period already paid for.

11.5. Refunds. Amounts are collected by Apple or Google, and refund requests must be addressed directly to them, in accordance with their policies (for Apple: reportaproblem.apple.com). The Provider cannot order the refund of amounts it has not collected. In the situations in which these Conditions provide for a pro-rata refund (sections 11.2, 15.5 and 16.2), the Provider shall assist the User in obtaining it, including by confirming to the App Store the basis of the request, or, where this is not possible, shall compensate the User by a corresponding extension of access to the Subscription features.

11.6. Price changes. The Provider may change prices for the future. A change does not affect a period already paid for. An increased price is applied to a Subscription in progress only with notice to and, where applicable, the consent of the User, in accordance with the App Store rules.

12. Legal guarantee of conformity

12.1. The Service is supplied subject to the conformity obligation laid down by GEO no. 141/2021 on contracts for the supply of digital content and digital services, transposing Directive (EU) 2019/770. This section applies to both the Subscription and the Free Plan, because the User supplies personal data.

12.2. The Service is in conformity where it corresponds to the description in these Conditions and in the Application, is fit for the purposes for which digital services of the same type are ordinarily used, and is supplied together with the updates necessary to maintain conformity.

12.3. In the event of a lack of conformity, the User is entitled:

• a) to have the Service brought into conformity, within a reasonable time of informing the Provider, free of charge and without significant inconvenience;
• b) to an appropriate reduction of the price, where the Service was supplied for a price;
• c) to terminate the contract, where bringing the Service into conformity is impossible or has not been achieved within a reasonable time, where the lack of conformity persists, or where the lack of conformity is of a sufficiently serious nature.

12.4. The Service being supplied continuously, the burden of proving conformity lies with the Provider throughout the period during which the Service is to be supplied, in accordance with Art. 12 of GEO no. 141/2021.

12.5. The User informs the Provider of any lack of conformity at contact@greenlead.ro. The Provider acknowledges receipt and communicates the proposed remedy.

12.6. No provision of these Conditions may be construed as excluding or limiting the rights set out in this section. Any clause to the contrary is deemed not written.

13. Right of withdrawal

13.1. The consumer is, in principle, entitled to withdraw from the distance contract within 14 days, in accordance with GEO no. 34/2014.

13.2. In the case of digital content or digital services whose performance begins immediately, the right of withdrawal is extinguished where the User has expressly requested that performance begin and has acknowledged that they thereby lose the right of withdrawal. That request and acknowledgment occur upon immediate activation of the Subscription through the App Store.

13.3. Independently of the above, Apple's and Google's refund policies remain applicable and are generally more favourable to the User.

14. The User's obligations. Prohibited uses

14.1. The User undertakes not to:

• a) use the Application for unlawful purposes or contrary to these Conditions;
• b) enter the credentials of a photovoltaic system that does not belong to them and for which they do not hold the authorisation referred to in art. 6.2;
• c) access or attempt to access other users' accounts, data or systems;
• d) decompile, disassemble or apply reverse engineering techniques to the Application, or attempt to obtain its source code, except where mandatorily permitted by law;
• e) automatically extract, copy or reuse the Application's content, including the technical knowledge base, for commercial purposes;
• f) circumvent the limits of the Free Plan, usage limits or billing mechanisms;
• g) use Spark+ to generate unlawful, abusive or misleading content, or for purposes unrelated to the management of their own energy system;
• h) place an unreasonable load on the Provider's infrastructure or on the Manufacturers' Platforms, including through disproportionate query volumes.

15. Suspension and termination. Procedure

15.1. The Provider may suspend or terminate the User's access to the Service in the event of a breach of the obligations set out in section 14.

15.2. Save in the cases set out in art. 15.3, such a measure is taken only after the Provider has notified the User of the conduct complained of and has allowed the User a period of at least 7 days to remedy the situation or to submit observations.

15.3. The Provider may order immediate suspension, with subsequent notification within no more than 48 hours, where necessary in order to:

• a) prevent imminent harm to the Service, to other users or to third parties;
• b) comply with a legal obligation or an order of an authority;
• c) prevent fraud or a serious breach of security.

15.4. The User may challenge the measure at contact@greenlead.ro. The Provider re-examines the measure and communicates the outcome within 15 days.

15.5. Where the Provider terminates the contract without any breach of these Conditions by the User, the User is entitled to a pro-rata refund of the price corresponding to the unused Subscription period, under the conditions of art. 11.5.

15.6. The User may terminate the contract at any time by deleting the Account, subject to art. 4.6.

16. Availability of the Service. Discontinuation

16.1. The Provider uses due care to ensure the continuous availability of the Service, without however guaranteeing uninterrupted or error-free operation. The Provider may carry out maintenance, informing the User in advance where this is possible.

16.2. The Provider may discontinue the Service in its entirety, on 60 days' notice communicated in accordance with section 22. In that case:

• a) Subscriptions in progress terminate on the date the Service is discontinued, and the User is entitled to a pro-rata refund of the price corresponding to the unused period, under the conditions of art. 11.5;
• b) the User has a period of at least 30 days in which to exercise the right to data portability, in accordance with the Privacy Policy.

16.3. The Service depends on third parties over which the Provider exercises no control — the Manufacturers' Platforms, the artificial intelligence providers, notification services, the App Stores and the User's internet connection.

16.4. Functionalities made available on an experimental basis, identified as such in the Application, may be withdrawn or modified without the notice period set out in art. 11.2.

17. Intellectual property

17.1. The Application, its interface, the Spark and GreenLead names and logos, the texts, illustrations, technical knowledge base and source code are the property of the Provider or of its licensors and are protected by law.

17.2. The Provider grants the User a personal, limited, non-exclusive, non-transferable and revocable licence to use the Application on devices the User owns or controls, exclusively for their own, non-commercial purposes, in accordance with these Conditions and the App Store rules.

17.3. The User's system data belongs to the User. The Provider claims no ownership right over it. The User grants the Provider the right to process it for the purpose of supplying the Service, in accordance with the Privacy Policy.

17.4. Content entered by the User (questions, photographs, notes) remains theirs. The User grants the Provider a limited licence to store and process it, strictly for the purpose of supplying the Service, which terminates upon deletion of the content or of the Account.

18. Liability

18.1. No provision of these Conditions excludes or limits the Provider's liability for:

• a) death or personal injury caused by the Provider's fault;
• b) damage caused intentionally or through gross negligence, in accordance with Art. 1355 of the Romanian Civil Code;
• c) a lack of conformity of the Service, under section 12;
• d) any other liability which cannot be limited or excluded under mandatory provisions of law.

18.2. The User's statutory rights as a consumer remain unaffected.

18.3. Subject to art. 18.1, the Provider is not liable for:

• a) decisions taken by the User on the basis of the information, estimates or Automatically Generated Content, within the limits of the definition set out in section 7;
• b) production losses, material damage or costs resulting from faults in the User's installation, whether or not the Application flagged them;
• c) the unavailability, delay or inaccuracy of data originating from the Manufacturers' Platforms;
• d) notifications not delivered, delivered late or containing outdated information;
• e) work carried out by the User or by third parties on the electrical installation, in breach of section 8.

18.4. Subject to art. 18.1, the Provider's total liability towards the User, for any claim arising out of or in connection with the Service, is limited:

• a) in the case of Users with a Subscription active or terminated within the last 12 months — to the amount paid by the User by way of price in the 12-month period preceding the event giving rise to liability;
• b) in the case of Free Plan Users — to the amount of RON 1,000.

18.5. The limitation set out in art. 18.4 does not apply to the remedies provided for in section 12.

19. Indemnity

19.1. The User shall indemnify the Provider against the damage, costs and amounts which the Provider is required to bear as a result of a third-party claim founded on the User's breach of the representations and warranties set out in art. 6.2 or of the prohibition set out in art. 14.1(b).

19.2. The Provider shall notify the User of any such claim within a reasonable time and shall not enter into any settlement without the User's prior consent, which shall not be unreasonably withheld.

19.3. This section does not apply to the extent that the damage is attributable to the Provider.

20. Force majeure

20.1. Neither party is liable for non-performance of its obligations where this is caused by an event of force majeure, within the meaning of Art. 1351 of the Romanian Civil Code.

20.2. The affected party shall notify the other within a reasonable time. If the event lasts more than 60 days, either party may terminate the contract, with a pro-rata refund of amounts paid for the period not supplied.

21. Amendment of these Conditions

21.1. The Provider may amend these Conditions on objective grounds, namely a change in functionality, in prices, in the applicable legal framework or in requirements imposed by the App Stores.

21.2. Significant amendments are communicated to the User on 30 days' notice, in accordance with section 22, stating the content of the amendment and the date on which it takes effect.

21.3. The User is entitled to reject the amendment, by terminating the contract before the date on which it takes effect. In the case of a paid Subscription, such termination gives rise to a pro-rata refund of the price corresponding to the unused period, under the conditions of art. 11.5.

21.4. Continued use of the Application after the date on which the amendment takes effect, absent any contrary indication, constitutes acceptance of the amended version. This provision does not apply to amendments which would reduce the User's rights without compliance with art. 21.2 and 21.3.

21.5. Amendments required by a legal provision or by an authority may take effect on the date prescribed by it, with notice to the User.

21.6. The version in force is available at greenlead.ro/spark/en/terms and in the Application, under Settings → Terms and Conditions.

22. Communications

22.1. The Provider communicates with the User by notification in the Application and, where appropriate, by e-mail, to the address associated with the Account.

22.2. The User communicates with the Provider at contact@greenlead.ro.

22.3. Communications are deemed received on the date of dispatch, if that is a working day, or on the next working day.

23. Protection of personal data

23.1. The processing of personal data is described in the Spark Privacy Policy.

23.2. The exercise of the rights laid down by Regulation (EU) 2016/679 is governed by that document and is not conditional upon these Conditions.

24. Governing law. Dispute resolution

24.1. This contract is governed by Romanian law.

24.2. The choice of Romanian law does not deprive the User of the protection afforded by the mandatory provisions of the law of the country in which they have their habitual residence, in accordance with Art. 6(2) of Regulation (EC) no. 593/2008 (Rome I).

24.3. Disputes are settled by the competent courts in Romania. A consumer User may also, at their choice, bring proceedings before the courts of their domicile, in accordance with Art. 18 of Regulation (EU) no. 1215/2012.

24.4. A consumer User may turn to:

• a) the Romanian National Authority for Consumer Protection (ANPC) — anpc.ro;
• b) the competent alternative dispute resolution (ADR) entities under Romanian GO no. 38/2015, or the equivalent entity in their country of residence.

24.5. The Provider recommends first submitting a complaint to contact@greenlead.ro.

25. Terms specific to the iOS version (Apple)

The following terms apply when the User uses the Application on an Apple device and are required by Apple Inc. (“Apple”):

1. The parties. This agreement is concluded solely between the User and Nova Carpathians Creations S.R.L., and not with Apple. Apple is not responsible for the Application or its content.
2. Scope of licence. The licence granted for the Application is limited to a non-transferable licence to use the Application on any Apple-branded product that the User owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
3. Maintenance and support. The Provider, and not Apple, is solely responsible for providing any maintenance and support services for the Application. Apple has no obligation whatsoever in this respect.
4. Warranty. To the maximum extent permitted by applicable law, Apple gives no warranty for the Application. In the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the Application (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Provider's sole responsibility.
5. Claims. The Provider, and not Apple, is responsible for addressing any claims by the User or any third party relating to the Application or the User's possession and use of it, including claims relating to product liability, failure to conform to applicable legal requirements, and claims arising under consumer protection or privacy legislation.
6. Intellectual property rights. In the event of any third-party claim that the Application infringes that third party's intellectual property rights, the Provider, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. The User represents that they are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that they are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-party terms. The User agrees to comply with applicable third-party terms when using the Application.
9. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this agreement and, upon the User's acceptance of these terms, have the right to enforce it against the User as a third-party beneficiary.

26. Final provisions

26.1. If a clause is held void or inapplicable, the remaining provisions stay in force, and that clause is replaced by the applicable statutory provision.

26.2. The User may not assign the rights arising from this contract without the Provider's written consent. The Provider may assign its rights and obligations in the context of a reorganisation or a transfer of the business, without diminishing the User's rights and with prior notice to the User.

26.3. Failure to exercise a right does not constitute a waiver of it.

26.4. These Conditions, together with the Spark Privacy Policy, constitute the entire agreement between the parties in respect of the Application.

Nova Carpathians Creations S.R.L.
J7/158/2019 · VAT no. RO40526927
Sat Câmpeni (Com. Prăjeni) no. 80, Botoșani county, 717306, Romania
contact@greenlead.ro · +40 754 389 035