In these Terms of Service, the following terms have the following meanings:
"Application" - the HorizonScan mobile application for Android platform
"Provider" or "We" - the owner and operator of the HorizonScan application
"User" or "You" - any individual or legal entity using the Application
"Service" - functionalities provided by the Application, including horizon measurements, solar calculations, and report generation
"Report" - PDF document generated by the Application containing solar potential analysis
"Measurement Data" - data collected by the User using the Application (panoramas, horizon measurements, location)
"Subscription" - a paid plan providing access to premium features
"Free Tier" - the basic version of the Application available without a Subscription, which includes advertising and usage limits
"Promotional Code" - a code (format: HS-XXXX-XXXX-XXXX) that grants temporary access to premium features, subject to terms specified by the code
2. Acceptance of Terms
2.1. Binding Agreement
By accessing, downloading, or using HorizonScan, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.
2.2. Age Requirement
You must be at least 18 years old or have reached the age of majority in your jurisdiction to use this Service.
2.3. Legal Capacity
You represent that you have the legal capacity to enter into a binding agreement and are not barred from receiving services under applicable law.
2.4. Understanding of Limitations
By using the Service, you confirm that you understand and accept the limitations and informational nature of the Application as described in Section 4.
3. Service Description
3.1. Purpose
HorizonScan is a mobile application designed to assist photovoltaic system installers in measuring azimuth and elevation angles using a real-time horizon line overlay on the camera view.
3.2. Features
The Service includes:
Real-time horizon line visualization
Azimuth and elevation measurements
Camera integration with field of view detection
Recording system for 360-degree coverage
PDF report generation
Data export in CSV format
3.3. Advertising
The Free Tier of the Application displays interstitial advertisements provided by Google AdMob. The User acknowledges and accepts that:
Interstitial ads (full-screen) may be displayed between certain actions in the Application
For users in the European Economic Area (EEA), ads are deferred until after the first panorama session, and a GDPR consent dialog is presented before ads are shown
Ad content is provided by third parties (Google AdMob) and the Provider is not responsible for the content of advertisements
Users with an active Subscription (Pro or Business) are exempt from all advertising
3.4. Availability
The Service is available on Android devices running Android 8 (API 26) or higher. Features may vary depending on device capabilities.
4. Limitations and Informational Nature
IMPORTANT: The HorizonScan Application is for informational and educational purposes only. It is a supporting tool for professionals, not a replacement for professional judgment or proper installation protocols.
4.1. Calculation Limitations
The User acknowledges and accepts that:
Calculations are based on theoretical mathematical models and historical climate data
Results are estimates that may significantly differ from actual values
The Application does not account for all factors affecting energy yield
4.2. Measurement Accuracy
The User acknowledges that:
Measurement accuracy depends on device sensors - different devices may have different accuracy levels
Magnetic interference, device calibration, and environmental conditions can affect measurements
We do not guarantee any specific level of accuracy
4.3. Factors Not Considered
Reports do not consider or simplify the impact of:
Actual weather conditions and cloud cover
Panel degradation over time
Inverter and wiring efficiency losses (a general efficiency coefficient is applied by default but may not reflect your specific equipment; this can be adjusted in Settings)
Soiling and snow on panels
New obstacles appearing after measurement
Installation quality and equipment characteristics
4.4. What the Report is NOT
Reports generated by the Application DO NOT constitute:
A guarantee of energy production
Professional engineering or technical advice
A basis for financial or investment decisions
A substitute for on-site assessment by qualified professionals
Design documentation for photovoltaic installations
4.5. Professional Verification Required
Users should verify all measurements with professional equipment before making installation decisions. Do not rely solely on this application for critical installations.
Recommendation: Before making decisions about photovoltaic installation, consult with qualified solar industry specialists.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.1. Exclusion of Liability
The Provider shall NOT be liable for any damages arising from:
Use of the Application or inability to use it
Inaccuracies or errors in calculations, reports, or data
Decisions made based on information from the Application
Differences between estimated and actual energy production
Financial losses, lost profits, or indirect damages
Device damage or data loss
5.2. Maximum Liability
To the maximum extent permitted by applicable law, our total liability for all claims arising from or related to the Service shall not exceed the amount paid for the Service in the 12 months preceding the claim, or 100 EUR, whichever is lower.
5.3. Exceptions
Liability limitations do not apply to damages resulting from intentional misconduct, gross negligence, or damages to life, health, or body.
6. Disclaimer of Warranties
6.1. "As Is" Basis
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.
6.2. No Accuracy Guarantee
We do not warrant that:
Measurements will be accurate or reliable
The Service will meet your specific requirements
The Service will be uninterrupted, timely, secure, or error-free
Any errors in the Service will be corrected
6.3. Risk of Use
Your use of the Service is at your own risk. You are solely responsible for any damage to your device or loss of data resulting from use of the Service.
7. Indemnification
You agree to indemnify, defend, and hold harmless HorizonScan, its affiliates, directors, officers, employees, and agents from all claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from or related to:
Your use of the Service
Your violation of these Terms
Your violation of third-party rights
Any content you provide or generate through the Service
8. Intellectual Property
8.1. Ownership
The Service and its original content, features, and functionality are and will remain the exclusive property of HorizonScan and its licensors.
8.2. License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal and professional purposes in accordance with these Terms.
8.3. Restrictions
You may not:
Modify, disassemble, decompile, or reverse engineer the Service's source code
Copy, modify, or create derivative works from any part of the Service
Use our trademarks, logos, or branding without written permission
Measurements and report data are stored locally on your device. You are responsible for backing up your own data.
9.3. Camera Access
The Service requires camera access to function. Camera images are processed on the device. Optionally, the User may enable cloud synchronization of measurement thumbnails to external storage. This feature requires separate consent and can be disabled at any time.
9.4. Sensor Access
The Service uses your device's sensors (accelerometer, gyroscope, magnetometer) for measurements. Sensor data is not stored or transmitted.
10. Subscriptions and Payments
10.1. Subscription Tiers
The Application offers three subscription tiers:
Free - basic version with a limit of 3 panoramas per month, interstitial advertising, and watermarks on reports
Pro - unlimited panoramas, no advertising, no watermarks, optional Google Drive backup, weather data, CSV/JSON export, priority support
Business - all Pro features plus custom branding on reports and API access
Feature availability may change. Current feature details are displayed in the Application.
10.2. Free Tier Limitations
Free Tier users are limited to 3 panoramas per calendar month. This limit resets monthly. Interstitial advertisements are displayed between certain actions. These limitations are removed with an active Pro or Business subscription.
10.3. Payment Processing
Payments are processed through Google Play. By making a purchase, you also agree to Google Play's terms of service.
10.4. Auto-Renewal
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
10.5. Refund Policy
Refunds are processed according to Google Play's refund policy. We cannot provide refunds outside of Google Play's refund window.
10.6. Price Changes
We may change prices at any time. Price changes will apply from the next renewal period following notification.
10.7. Promotional Codes
The Provider may issue Promotional Codes that grant temporary access to premium features. The following terms apply:
Promotional Codes are bound to a single device upon activation and cannot be transferred
Codes may have an expiration date and/or a limited number of panoramas
The Provider reserves the right to revoke Promotional Codes at any time for any reason
Promotional Codes are provided "as is" and do not constitute a right to permanent access
If both a Subscription and a Promotional Code are active, the higher tier applies
11. Termination
11.1. Termination by You
You may terminate your use of the Service at any time by uninstalling the app and canceling any subscriptions.
11.2. Termination by Us
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.
11.3. Effect of Termination
Upon termination, your rights to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination will survive.
12. Changes to Terms
12.1. Right to Modify
We reserve the right to modify or replace these Terms at any time. If a modification is material, we will provide at least 30 days' notice before the new terms take effect.
12.2. Notification of Changes
Changes will be communicated through the Service or via email. Your continued use of the Service after changes constitutes acceptance of the new terms.
12.3. Disagreement with Changes
If you do not agree with the new terms, stop using the Service and cancel any subscriptions.
13. Governing Law and Jurisdiction
13.1. Governing Law
These Terms of Service are governed by Polish law.
13.2. Exclusive Jurisdiction
Any disputes arising from these Terms shall be resolved exclusively by the courts in Wroclaw, Poland.
13.3. Limitation of Liability
To the maximum extent permitted by law, total liability shall not exceed the amount paid for the Service in the 12 months preceding the claim.