1.1 These General Terms and Conditions (“AGB”) apply to all contracts between Levo GmbH, Bücklestraße 3, 78467 Konstanz, Germany (“Levo”, “we”, “us”) and its customers (“Customer”, “you”) concerning the use of the online platform Betreiberplattform available at betreiber.levo.gmbh.
1.2 Betreiberplattform is a digital platform through which operators of communal building electricity supply / solar installations (“Gemeinschaftliche Gebäudeversorgung”) can access services relating in particular to monitoring consumers, billing information, and installation status.
1.3 These AGB apply to both:
1.4 Conflicting, deviating, or supplementary terms of the Customer shall not apply unless we have expressly agreed to them in text form.
Provider of Betreiberplattform and contractual partner is:
Levo GmbH
Bücklestraße 3
78467 Konstanz
Germany
Commercial Register: Freiburg HRB 734714
Email: contact@levo.gmbh
3.1 Levo provides the Customer with access to Betreiberplattform as a subscription-based digital service.
3.2 The exact scope of services results from the description on the website, the booking process, and any individual agreements made with the Customer.
3.3 Unless expressly agreed otherwise, Levo does not owe any specific economic success, any specific savings, or uninterrupted technical availability.
3.4 Access to certain functions, in particular billing-related functions, may depend on the Customer maintaining an active paid subscription.
4.1 A user cannot independently create an account on the platform.
4.2 The contract is concluded through an online order process with Levo. By submitting an order, the Customer makes a binding offer to conclude a subscription contract. The contract is concluded when Levo accepts the order or provides access to the platform.
4.3 Levo may reject orders at its reasonable discretion, in particular where the required information is incomplete, inaccurate, or where technical or legal reasons prevent onboarding.
4.4 The contract language may be German and/or English.
5.1 Access to Betreiberplattform is granted only to the Customer designated by Levo and only for the agreed contractual purpose.
5.2 The Customer shall keep access data confidential and protect it against unauthorized access by third parties.
5.3 The Customer is responsible for all activities carried out using its access credentials, unless the Customer is not responsible for the misuse.
5.4 The Customer shall inform Levo without undue delay if it becomes aware of unauthorized use or suspected misuse of access credentials.
6.1 For the duration of the contract and subject to full payment of the agreed remuneration, Levo grants the Customer a simple, non-exclusive, non-transferable, non-sublicensable right to use Betreiberplattform for its own intended purposes.
6.2 The Customer is not entitled to rent, lease, lend, resell, sublicense, distribute, or otherwise make the platform available to third parties unless expressly agreed in writing.
6.3 The Customer may not circumvent technical protection measures, reverse engineer the platform except where mandatory law expressly permits this, or use the platform unlawfully.
6.4 If the Customer is in payment default, Levo may suspend access to the platform, including billing-related functions, after prior notice and expiry of a reasonable grace period, unless statutory law permits immediate suspension.
7.1 The Customer shall provide all information required for onboarding and use of the platform truthfully and completely.
7.2 The Customer is responsible for ensuring that the use of Betreiberplattform and the data entered by the Customer comply with applicable law.
7.3 The Customer shall not upload, transmit, or use any unlawful content, malware, or content infringing third-party rights.
7.4 The Customer is responsible for informing end consumers or other relevant persons where required by law in connection with operation of the installation or use of billing-related processes.
8.1 Use of Betreiberplattform is subject to the agreed subscription fee displayed or communicated during the ordering process.
8.2 The subscription is billed at monthly intervals.
8.3 Unless otherwise agreed, payments are due in advance for the respective billing period.
8.4 If the Customer is in payment arrears, Levo is entitled to the statutory rights, including charging default interest and, subject to legal requirements, suspending access in accordance with Section 6.4.
9.1 The subscription is concluded for an indefinite term with a monthly billing interval.
9.2 There is no minimum term.
9.3 The subscription renews automatically for successive monthly periods unless terminated.
9.4 Termination by the Customer must be declared by contacting Levo by email at contact@levo.gmbh or via the contact page on the website.
9.5 The contract ends at the end of the current billing period, unless another effective termination date is agreed or required by law.
9.6 The reason why Levo may require direct contact for termination is that, depending on the contractual setup, downstream consumers or participants may need to be informed. Mandatory consumer rights remain unaffected.
9.7 The right of both parties to terminate for good cause remains unaffected.
9.8 Upon termination or suspension due to non-payment, access to the platform and to billing-related functions may be restricted or discontinued.
10.1 Customers may contact Levo via the website contact form and may upload pictures and documents in connection with their request.
10.2 Files and data submitted via the contact form are used solely for processing the respective request.
10.3 According to Levo’s current process, such uploaded files and related contact-form data are not shared with third parties and are retained for up to one (1) month, unless a longer retention period is required by law or necessary for asserting, exercising, or defending legal claims.
10.4 Further information on the processing of personal data is provided in Levo’s Privacy Policy.
11.1 Betreiberplattform, including its software, databases, design, layout, texts, graphics, logos, and trademarks, as well as all other content created or provided by Levo, is protected by copyright, trademark rights, and other intellectual property rights.
11.2 As between Levo and the Customer, all rights, title, and interest in and to Betreiberplattform and Levo’s own content and trademarks remain the exclusive property of Levo or its licensors.
11.3 The Customer receives no rights beyond the limited right of use expressly granted under these AGB.
11.4 Any use of Levo’s trademarks, logos, or other protected content beyond the contractual purpose requires Levo’s prior written consent.
12.1 To the extent the Customer submits feedback, ideas, suggestions, improvement proposals, or similar communications relating to Betreiberplattform or Levo’s services, Levo may use, evaluate, adapt, and exploit such feedback without restriction for business purposes.
12.2 Unless otherwise expressly agreed, the Customer shall have no claim to compensation, reimbursement, naming, or credit for such feedback or suggestions.
12.3 This does not affect the Customer’s rights in content that is independently protected by law; however, simple feedback and suggestions may be used by Levo as described above.
13.1 Levo may further develop, adapt, or modify Betreiberplattform where this is necessary for technical, legal, or operational reasons, provided the essential contractual functions are not materially reduced without justification.
13.2 Levo is entitled to carry out maintenance work and technical changes.
14.1 Levo shall be liable without limitation:
14.2 In cases of slight negligence, Levo shall only be liable for breach of a material contractual obligation (wesentliche Vertragspflicht / cardinal 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 Customer may regularly rely.
14.4 The limitations of liability also apply in favor 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 Customer made appropriate backups, unless Levo is mandatorily liable without limitation.
15.1 The Customer may only set off claims against Levo if such claims are undisputed, ready for decision, or finally adjudicated.
15.2 The Customer may exercise a right of retention only insofar as it is based on the same contractual relationship.
16.1 Where the Customer is a consumer, mandatory statutory consumer rights remain unaffected by these AGB.
16.2 Any provisions of these AGB that are invalid or inapplicable in relation to consumers shall be replaced by the applicable statutory provisions to the extent required.
16.3 Any statutory rights of withdrawal that may apply to consumers under separate legal provisions are not restricted by these AGB. Information on any right of withdrawal should be provided separately where legally required.
17.1 These AGB and all contractual relationships between Levo and the Customer shall be governed by the laws of the Federal Republic of Germany.
17.2 If the Customer is a consumer and has habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected.
17.3 If the Customer 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.
18.1 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 statutory provision to the extent available.