This is the English version of a document originally drafted in Romanian. The Romanian version is available at greenlead.ro/spark/termeni. Both versions state the same terms; see art. 26.5 for how language versions relate to each other.
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 creating an Account, 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, in section 24 and at the end of these Conditions.
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 assistant) — the artificial-intelligence-based conversational assistant made available through the Application, in writing and, where available, by voice;
- Automatically Generated Content — any text, assessment, diagnostic, recommendation, chart, spoken reply or verdict produced by the Spark assistant, 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.
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 and of Art. 2 point 1 of Directive 2011/83/EU, 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.
3.5. The Application is offered in the countries in which it is listed in the App Store. The User states their country in the Application; the country determines the currency in which amounts are displayed, the time zone used for notifications and the functionalities available under art. 5.4.
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 Profile → 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, can draw charts and can be used by dictation and, in the Subscription, by voice conversation and spoken replies;
- 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 10.3, 11.2, 16 and 21.
5.4. Certain functionalities tied to the Romanian energy market — among them indicative hourly market prices, documents and procedures related to the Romanian grid operators and the prosumer regime, and offers from installers in the GreenLead network — are available only to Users who have selected Romania as their country. For Users in other countries, money amounts are calculated exclusively from the prices the User declares.
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
Safety warning
8.1. The User must not carry out any work on the electrical installation, the inverter, the battery or the distribution board on the basis of information supplied through the Application. Photovoltaic installations operate at dangerous voltages and batteries may present a fire risk.
8.2. Any intervention must be carried out exclusively by qualified personnel, in accordance with the manufacturer's instructions and applicable technical standards.
8.3. In the event of smoke, burning smell, sparks, overheating or any suspicion of danger, the User must contact without delay their installer, the distribution system operator or the emergency service (112 in the European Union), without waiting for a response from the Application.
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 assistant (in writing or by voice), the Diagnostic and Routine Check functions and the daily recommendations, they are interacting with an artificial intelligence system and not with a natural person. The voice in which Spark speaks is synthetic, generated by artificial intelligence, and is not the voice of a real 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, including dictation of messages, and 3 charts per calendar month;
- b) one Diagnostic session per calendar month;
- c) one Routine Check per calendar month;
- d) the connection of one photovoltaic plant, with access to the main dashboard, to its 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 messages per day to the Spark assistant, unlimited Diagnostics, Routine Checks and charts, up to 3 photovoltaic plants on the same Account, voice conversation with Spark of up to 30 minutes per calendar month (at most 10 minutes per conversation) and spoken replies of up to 150 minutes per calendar month. To prevent abusive use, the following technical limits also apply to all plans: 25 messages per Diagnostic session, 30 data or chart requests to the Spark assistant per day and 80 dictations per day. Daily limits for messages, data requests and dictation reset at 00:00 UTC; monthly limits at the start of each calendar month. Where the Application displays more favourable limits, those apply.
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 or within 30 days after it 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 App Store account and including the taxes applicable in the User's country. Prices may differ from one country to another. The Subscription is offered with monthly or annual billing, at the User's choice.
- 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 current price, subject to art. 11.6, 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 through which it was purchased — on an Apple device: Settings → [the User's name] → Subscriptions; on Google Play: Google Play app → profile → Payments & subscriptions → 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. Cancelling the renewal does not affect the right of withdrawal set out in section 13.
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; for Google Play: support.google.com/googleplay/answer/2479637). The Provider cannot order the refund of amounts it has not collected. In the situations in which these Conditions provide for a refund (sections 11.2, 13, 15.5, 16.2, 20.2 and 21.3), the refund is made through the App Store from which the Subscription was purchased; the Provider assists the User in obtaining it, including by confirming the basis of the request to the App Store.
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
Mandatory rights
This section applies to both the Subscription and the Free Plan. No other provision of these Conditions may exclude or limit it.
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. A consumer User may withdraw from the Subscription contract, without giving any reason, within 14 days of the day on which the Subscription was purchased, in accordance with GEO no. 34/2014 and Directive 2011/83/EU. The same right applies to each new Subscription purchased (not to automatic renewals of an existing Subscription).
13.2. The Provider does not ask the User to waive this right. The price paid for that Subscription is refunded through the App Store from which it was purchased, in accordance with art. 11.5.
13.3. Because the price is collected by Apple or Google, the User exercises the right of withdrawal by requesting the refund through the App Store, using the links in art. 11.5, or by sending the Provider, before the period expires, an unequivocal statement — for example by e-mail to contact@greenlead.ro, or using the model form in art. 13.5. In the latter case, the Provider confirms receipt and assists the User in obtaining the refund in accordance with art. 11.5.
13.4. Apple's and Google's refund policies remain applicable in addition and may be more favourable to the User.
13.5. Model withdrawal form. (complete and return this form only if you wish to withdraw from the contract) — To Nova Carpathians Creations S.R.L., Sat Câmpeni (Com. Prăjeni) no. 80, Botoșani county, 717306, Romania, contact@greenlead.ro: I hereby give notice that I withdraw from my contract for the supply of the following service: Spark Pro subscription; purchased on: …; name of the consumer: …; e-mail address of the Spark account: …; date: … .
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 the Spark assistant 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 periods set out in art. 10.3, 11.2 and 21.2.
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, unless they are caused by the Provider's breach of its obligations;
- 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 EUR 200 (or its equivalent in the User's local currency).
18.5. The limitation set out in art. 18.4 does not apply to the remedies provided for in section 12.
18.6. Where the mandatory law of the country in which the consumer User has their habitual residence does not permit a limitation provided for in this section — in particular for the breach of essential contractual obligations — that limitation applies only to the extent permitted by that law.
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 culpable 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 or within 30 days after that date. 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 constitutes acceptance only of amendments that are exclusively to the User's advantage, that are purely editorial or that are required by law. Amendments affecting the main obligations of the parties, the price or the balance of the contract to the User's detriment take effect towards the User only with the User's express acceptance, requested in the Application; if the User does not accept them, the contract continues under the previous version, and each party may terminate it in accordance with art. 21.3 and, for the Provider, with the notice period in art. 16.2.
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 Profile → 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 from the Provider are deemed received when they reach the User — when they are displayed in the Application or delivered to the User's e-mail address.
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. Jurisdiction is determined in accordance with Regulation (EU) no. 1215/2012 (Brussels I bis). A consumer User may bring proceedings against the Provider, at their choice, before the courts of Romania or before the courts of the place where the User is domiciled; the Provider may bring proceedings against a consumer User only before the courts of the Member State in which the User is domiciled (Art. 18). Disputes with Users who are not consumers fall within the jurisdiction of the competent courts in Romania.
24.4. A consumer User may turn to:
- a) the consumer protection authority of their country of residence (in Romania, the National Authority for Consumer Protection — anpc.ro);
- b) for cross-border disputes, the European Consumer Centre in their country (ECC-Net);
- c) the competent alternative dispute resolution (ADR) entities under Romanian GO no. 38/2015 (in Romania: anpc.ro/ce-este-sal), or the equivalent entity in their country of residence. The Provider is not obliged to participate in ADR proceedings, but will consider each request in good faith.
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”):
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Third-party terms. The User agrees to comply with applicable third-party terms when using the Application.
- 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.
26.5. Language versions. These Conditions are drafted in Romanian and are made available in English, Spanish, German, Hungarian and Polish. Each language version may be used for the conclusion of the contract. In the event of a discrepancy between versions, the interpretation most favourable to the consumer prevails.
26.6. Version history. This version replaces the version of 25 July 2026 and is made under art. 21.2–21.4 of that version. For Users who accepted the previous version, it takes effect on 1 December 2026, after a notice of at least 30 days given in the Application; until then, and for Users who terminate the contract under art. 21.3, the previous version applies. For new Users it applies from the date of publication. The main changes: the Application is offered in other countries of the European Union (art. 3.5, 5.4); amounts are no longer stated in lei; the plans are described as they are offered today — the Free Plan comprises one photovoltaic plant and 3 charts per month, the Subscription up to 3 plants, voice conversation and spoken replies (art. 10.1, 11.1); the right of withdrawal is granted without a waiver, with the refund made through the App Store (section 13); cancellation and refunds through Google Play (art. 11.4, 11.5); jurisdiction, consumer authorities and dispute resolution in the User's country (art. 24.3, 24.4); the rules on amendments, liability and communications (art. 18.6, 21.4, 22.3); language versions (art. 26.5).
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