Terms of Service
These general terms and conditions along with all materials referenced herein (“Agreement”) is a legal agreement between Customer and Greenlytics AB, permitting Customer to access and use Greenlytics’ Services subject to the terms of the Agreement.
1.1 “Customer” means the legal entity registered as the Customer with access to the Services ordered. 1.2 “Services” means Greenlytics’ cloud-based services as available by Greenlytics from time to time, such as, but not limited to, power production/consumption forecasting and other services.
2 ABOUT THE SERVICES
2.1 Customer get access to third-party open or non-open data when using the Services. 2.2 Customer may submit its own production/consumption data when using the Services. 2.3 Customer data uploaded to the Services will be deleted from Greenlytics Services upon Customer’s request. Greenlytics will not share such data with third parties. Greenlytics keeps Customer data secure, including using encryption software and state of the art security measures. 2.4 Between Customer and Greenlytics, Customer owns all rights to the Customer data. Customer is liable for, and shall indemnify and hold Greenlytics harmless from, any infringement claims regarding Customer’s data or any other non-compliance by law. 2.5 Customer is the controller of its data, and shall ensure that such data is handled in accordance with applicable legislation. 2.6 Greenlytics may without prior notification to Customer make changes to the Services and its features. Should a change be detrimental to Customer, however, Customer will be informed of such change in advance and have a right to cancel its subscription with immediate effect. 2.7 Greenlytics offers subscription-based access to its Services. 2.8 Greenlytics may send information via email to the Customer regarding added services and other developments by Greenlytics or other providers. Separate conditions may apply to such future services. 2.9 Greenlytics may engage a subcontractor to perform its services. Greenlytics is liable for a subcontractor’s work as if it had been performed by Greenlytics.
3.1 Request for support or reports on errors regarding the Services should be done by sending an e-mail to firstname.lastname@example.org. All support communication will be in English. 3.2 Normal support hours are from 08:00 - 16:00 CET/CEST Monday-Friday. 3.3 Greenlytics is not obligated to provide the Customer with any technical or other support for Services during the term of any free trial period or beta testing period.
4 LICENSE GRANT AND COPYRIGHT
4.1 Customer is granted a non-exclusive right to use the Services on the Services solely for internal use in its organization and for its intended use. 4.2 Greenlytics and/or any third parties shall retain all right, title and interest to the Services, including all patents, copyrights, trademarks, trade secrets and other proprietary rights to analyses, calculations, models, forecasts and systems contained on the Services or otherwise provided as part of the Services.
5 CUSTOMER OBLIGATIONS
5.1 Access to the Services is personal. Individuals at Customer may not share access. 5.2 Customer is responsible for protecting and keeping username(s) and password(s) secure from unauthorized use. 5.3 External redistribution is prohibited. 5.4 Customer may not extract data from the Services via an automated process, such as a bot or webcrawler or other method of scraping data. However, Customer may subscribe to the API access as offered by Greenlytics. 5.5 It is Customer’s responsibility that it has the technical infrastructure, equipment and software needed for use of the Services. Greenlytics is not responsible for any faults and defects in such infrastructure, equipment and software. 5.6 When uploading data to the Services, Customer shall ensure that Customer’s data is (i) free from viruses or other malicious content, (ii) in the agreed format, and (iii) otherwise cannot damage or interfere with Greenlytics Services. Greenlytics provides backups for the Services. Customer is responsible for back-up of its own data beyond what is included in the backup service. 5.7 Customer agrees to serve as a reference customer. This includes to be listed on Greenlytics’ website and to agree on a joint press release which shall be accepted by both parties before published. Greenlytics may also refer to Customer’s name when communicating with third parties. 5.8 Customer is responsible for and warrants that the use of its data on the Services will comply with all applicable laws and regulations. 5.9 Customer may not use the Services in a way that causes Greenlytics or a third-party harm. If Customer becomes aware of the Services being used in violation of these provisions, the Customer shall immediately terminate such use and inform Greenlytics of the violation.
6 PERSONAL DATA
7 COST OF SERVICES
7.1 The fee for the Services is stated in the offer presented to Customer, which is part of this Agreement. Customer may have been granted a free trial of the Services, in which case the charges will automatically apply after the expiration of such trial period. 7.2 All fees are fixed during the first year (beginning Starting Date, i.e. the date the user registers for the Services). Following the first year, Greenlytics may adjust its fees in accordance with any annual changes of the Labor Cost Index for non-manual workers in the private sector (Swe: LCI tjm, SNI 2007 kod J). 7.3 Greenlytics will invoice Customer for the contracted time in advance on thirty (30) days payment terms. Greenlytics will deliver the invoice to Customer via electronic mail. In case of online payment with credit card or similar the fee will be charged in advance. 7.4 If Customer fails to pay by the due date for payment, Greenlytics shall be entitled to (without prejudice to any other right or remedy it may have):
(a) charge Customer interest on the outstanding amount in accordance with Swedish law until the date when payment has been made (both dates inclusive). Such interest shall be paid by Customer on demand; (b) terminate the Agreement in accordance with the provisions of Section 15 below; or (c) cancel or suspend Customer’s use of the Services until payment is received.
7.5 Customer shall bear sole responsibility for all expenses incurred in connection with using the Services under the terms of this Agreement unless otherwise expressly agreed to herein. 7.6 Any costs incurred to Greenlytics related to a need for assistance with installation of client software etc. will be paid for by Customer, as agreed separately. In the event of travel outside of Stockholm, Greenlytics shall be entitled to reimbursement of per diem expenses and travel expenses.
8 AVAILABILITY OF THE SERVICES
8.1 Greenlytics may guarantee a specified uptime of Services as stated in the offer presented to Customer, which is part of this Agreement, unless unavailability results from (i) scheduled maintenance as posted on the Services (ii) technical problems or the performance or failure of Customer’s equipment, facilities or applications, (iii) compliance with laws, government regulations, orders or requirements, or (iv) circumstances beyond Greenlytics’ reasonable control (see Section 10). 8.2 Greenlytics reserves the right to close access to the Services for maintenance once monthly, with a 7 day advance notice. Exception may apply for severe issues.
9 FORCE MAJEURE
9.1 Where Greenlytics is prevented from fulfilling its obligations pursuant to this Agreement due to circumstances which are beyond Greenlytics’ reasonable control such as acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability, interruption of, or delay in telecommunications or third party services, failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services, and errors or delays in services from sub-contractors due to circumstances as stated herein, such circumstances shall constitute an excuse which occasions a postponement of the time for performance and a release from liability in damages and any other penalties.
10 LIMITATION OF LIABILITY AND DISCLAIMER
10.1 The Services are provided “AS IS” without any express or implied warranty of any kind including warranties of merchantability or fitness for any particular purpose. 10.2 Greenlytics disclaims all warranties as to the accuracy, completeness or adequacy of information generated by the Services. Greenlytics is not liable for any direct or indirect errors in the information or its conclusions. Customer uses the Services at its own risk. 10.3 Greenlytics does not warrant at any time during the period of this Agreement, that access to or use of the Services will be uninterrupted or error-free or that the Services supplied are accurate or correct or that they meet any particular criteria of performance or quality. 10.4 In no event shall Greenlytics or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the Services, even if Greenlytics has been advised of the possibility of such damages.
11 ADDITIONS AND AMENDMENTS TO THE AGREEMENT TERMS
11.1 Greenlytics reserves the right to change the specifications of its Services at any time without prior notice. 11.2 The Terms and Conditions may change over time. Significant additions or amendments will take effect from the time when they have been communicated to the Customer in writing. Other amendments will take effect from the time when they have been published on https://greenlytics.io/terms-of-service-with-data.
12.1 Any feedback, comments, or suggestions Customer may provide about the Services is entirely voluntary, and Greenlytics will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to Customer. Feedback can be submitted by mail to email@example.com.
13 TERM AND TERMINATION
13.1 This Agreement will commence as of the Starting Date. 13.2 Following an initial subscription period, the Agreement will automatically be renewed for periods equal to the initial subscription period, unless either party terminates this Agreement by written notice to the other party at least (90) days’ prior to the next period. The termination will then take effect at the end of the current subscription period. 13.3 Either party shall have the right to terminate this Agreement by written notice to the other party if:
(a) the other party commits a substantial breach of its obligations under this Agreement and such breach has not been cured within thirty (30) days after written notice, stating the sending party's intention to terminate this Agreement if compliance with the notice to cure is not met. Failure to pay correctly invoiced fees shall be regarded as a substantial breach of this Agreement; or (b) the other party becomes insolvent, or if a petition of bankruptcy or under any insolvency law is filed by or against the other party and such petition is not dismissed within sixty (60) days after it has been filed.
13.4 Upon the expiration or termination of this Agreement, Customer shall immediately cease using the Services. 13.5 Upon termination or expiration of this Agreement all rights granted to Customer under this Agreement shall promptly cease. 13.6 The rights and obligations of the parties set forth in Sections 5, 11 and 12 shall survive termination or expiration of this Agreement.
14.1 This Agreement shall be governed and interpreted according to Swedish law. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by public courts in Sweden with Stockholm District Court as the court of first instance. 14.2 The parties are independent contractors. Nothing in this Agreement will be construed as creating an employer-employee relationship, partnership, agency relationship, or joint venture between the parties. Customer agrees to be responsible for all of Customer’s federal and state taxes, withholding, social security, insurance, and other benefits. 14.3 This Agreement may be assigned by Greenlytics but Customer may not assign this Agreement, or any rights or obligations hereunder, whether by operation of contract, law or otherwise, except with the express written consent of Greenlytics. 14.4 If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. 14.5 The individual agreeing to the terms of this Agreement represents that it has the authority to execute this Agreement on behalf of Customer.
15 CONTACT INFORMATION
Greenlytics AB Org. no. 559115-5170 Stortorget 18 111 29 Stockholm, Sweden E-mail: firstname.lastname@example.org www.greenlytics.io