1. Parties and scope
These terms govern the relationship between [Фирмено наименование], company ID (ЕИК) [ЕИК], registered address [Registered address] (the “Provider”, “we”), and any person who registers an account or uses the TokPirate service (the “Customer”, “you”).
By registering, starting a free trial or paying for a plan, the Customer confirms having read and accepted these terms. If you act on behalf of a company, you confirm that you are authorised to represent it.
The service is intended for owners and operators of solar plants using it in the course of their business. [If the service is also offered to consumers, add their rights under the Bulgarian Consumer Protection Act here.]
These terms are provided in Bulgarian and English. [In case of discrepancy, the Bulgarian version prevails.]
2. Definitions
- Service – the TokPirate software, available through the web application at [application address], together with the features described on the website.
- Plant – the solar PV plant the Customer connects to the Service.
- Manufacturer cloud – the inverter manufacturer’s monitoring and control platform (e.g. FusionSolar, iSolarCloud, SEMS Portal).
- Minimum price – the threshold set by the Customer below which the Plant’s output is limited.
- Schedule – the forecast of the Plant’s production for the next day that the Service sends to the Trader.
- Trader – the party that buys the energy produced by the Plant and/or coordinates the balancing group the Plant belongs to.
3. The Service
The Service:
- monitors IBEX day-ahead prices and, when the IBEX price for a 15-minute interval falls below the Minimum price, limits the Plant’s output through the Manufacturer cloud and restores it afterwards;
- prepares Schedules and sends them to the Trader the day before, including planned curtailments;
- shows production and results after fees, inverter and string data, and sends alerts;
- depending on the plan, provides export limiting and zero export, portfolio management and API access.
Features by plan are listed on the Pricing page. The Service requires no hardware installation and works through the Manufacturer cloud.
4. Registration and account
The Customer provides accurate and complete information on registration and keeps it up to date. The Customer keeps login details confidential and is responsible for the actions of users added to the account.
If unauthorised access is suspected, the Customer notifies the Provider without delay at [имейл].
5. Free trial
Every new Customer may use the Service free of charge for 14 days without entering card details. During the trial, the features of the selected plan are available [to be confirmed].
If the Customer does not choose and pay for a plan when the trial ends, automated control of the Plant stops and data is kept for [period] before deletion. The trial is available once per Customer [and per Plant].
6. Plans, prices and payment
The price depends on the total number of inverters connected to the account:
- Start (up to 5 inverters) – €19 per month billed monthly, or €180 per year billed annually (€15 per month).
- Pro (up to 25 inverters) – €69 per month billed monthly, or €624 per year billed annually (€52 per month).
- Business (up to 100 inverters) – €199 per month billed monthly, or €1,788 per year billed annually (€149 per month).
- Custom (over 100 inverters) – price and terms under an individual contract.
All prices are in euro and exclude VAT, which is charged in accordance with applicable law. Current prices are published on the Pricing page.
Payment is made in advance, monthly or annually depending on the chosen billing period. Payment method: [bank transfer / card / other]. Invoices are issued electronically.
If the number of connected inverters exceeds the plan limit, the Provider will offer the Customer the next plan. The new price applies from [the next billing period].
The Provider may change prices by notifying the Customer by e-mail at least [30] days in advance. Changes do not affect a period already paid for.
In case of late payment, the Provider may, after a warning by e-mail, suspend automated control until payment is received.
7. Customer obligations
The Customer shall:
- connect only plants it owns or is authorised to grant access to and control;
- set and review the Minimum price, thresholds and fees the Service uses in its calculations – these are the Customer’s commercial decisions;
- inform its Trader (and the balancing group coordinator) that the Plant is curtailed automatically and that Schedules are sent by TokPirate, and check that its contract with the Trader allows this;
- comply with its grid connection agreement and the instructions of the grid operator and ESO, the Bulgarian transmission system operator – the Service does not replace them;
- maintain a working internet connection at the Plant and the inverters’ connection to the Manufacturer cloud;
- not use the Service in breach of the law or third-party rights, and not attempt to gain unauthorised access to the Provider’s systems.
8. Access to inverter clouds
For the Service to work, the Customer grants the Provider access to the Manufacturer cloud – via [username and password / API key / installer access], depending on what the platform supports.
The Provider uses this access solely to provide the Service: reading production and inverter status data, and setting and removing active power and export limits. The Provider does not change other inverter settings without the Customer’s explicit request.
Access credentials are stored [encrypted] and are not disclosed to third parties. The Customer may revoke access at any time, from its account or in the Manufacturer cloud. Once access is revoked, automated control stops.
Manufacturer clouds are provided by third parties under their own terms. The Provider is not liable for their availability, changes to their interfaces or a manufacturer’s decision to restrict remote control.
9. Market data and schedules
IBEX prices and other market data are obtained from third parties. The Provider makes reasonable efforts to process them accurately and on time but does not guarantee that they are complete, accurate or continuously available.
Schedules are forecasts and may differ from actual production, for example because of the weather. Notifying schedules to ESO and settling imbalances remain the responsibility of the Trader and the balancing group coordinator under their contract with the Customer.
Financial results shown in the Service are indicative and are calculated from the fees entered by the Customer. The Trader’s invoices and statements prevail.
10. Limitation of liability
The Service is provided “as is”. The Provider exercises due care to keep it running but does not guarantee that it will be uninterrupted or error-free.
The Provider is not liable for damage or lost profit caused by:
- errors, delays or unavailability of third-party market data, including IBEX;
- outages, errors or changes in Manufacturer clouds;
- loss of internet connection at the Plant, or faults in inverters or other Customer equipment;
- the Minimum price, thresholds and fees set by the Customer;
- decisions, penalties or imbalance costs imposed by the Trader, the balancing group coordinator, ESO or the grid operator;
- force majeure.
The Provider’s total liability to the Customer is limited to the amount paid by the Customer for the Service in the preceding [12] months. These limitations do not apply in cases of intent or gross negligence.
11. Availability and support
Planned maintenance that may interrupt the Service is announced in advance [by e-mail / in the app] where possible. Guaranteed availability (SLA) is offered only under an individual Custom plan contract.
Support: e-mail [имейл], phone [телефон], [Support hours]. Support levels by plan are listed on the Pricing page.
12. Intellectual property
The software, design, the TokPirate brand and the website content belong to the Provider. The Customer receives a non-exclusive, non-transferable right to use the Service for the term of the contract. Data about the Customer’s Plant remains the Customer’s.
13. Personal data
The Provider processes personal data in accordance with its Privacy policy. Where it processes personal data on the Customer’s behalf, the parties conclude a [data processing agreement].
14. Term and termination
The contract runs for the chosen billing period and renews automatically for the same period until terminated.
The Customer may terminate at any time from its account or by e-mail to [имейл]. Termination takes effect at the end of the paid period. [Refund terms for annual billing.]
The Provider may terminate with [30] days’ notice or, in case of a material breach by the Customer, immediately by notice sent by e-mail.
After termination, automated control stops, Manufacturer cloud credentials are deleted within [period] and other data is kept for [period] unless the law requires otherwise. On a request made before termination, the Provider will hand over the Customer’s data in [format].
15. Changes to these terms
The Provider may amend these terms. The Customer is notified of material changes by e-mail at least [30] days in advance. If the Customer does not agree, it may terminate the contract before the changes take effect.
16. Governing law and disputes
These terms are governed by Bulgarian law. Disputes are settled amicably or, failing that, by the competent Bulgarian court [in …].
17. Contact
[Фирмено наименование], company ID (ЕИК) [ЕИК], [Registered address].
E-mail: [имейл] · Phone: [телефон]