Terms of use

RIGHT TO USE THE SERVICE

Subject to the continued compliance with the terms contained in these Terms of Use, Kapacity.io grants to You a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Service during the term of these Terms of Use and solely for the purposes of Your own or internal purposes or operations.

For the sake of the proper functioning and operation of the Service as intended, You understand and agree that the Service shall be the primary energy consumption control platform service in each of the premises which are connected to the Service.

The Service or its contents (including materials or information included in or generated by the Service) do not constitute a legal opinion or advice of any kind. You are responsible for the use and utilisation of the Service and contents of the Service and for the assessment of the impact of the Service, as well as for ensuring that the Service fulfils Your intended purpose of use.

You are responsible for acquiring and maintaining any and all network connections, hardware and software required for using the Service and You are solely liable for maintaining any security systems (including any costs thereof).

User account(s)

To access the Service, You must first register a user account with Kapacity.io or directly in the Service. You must provide accurate and complete information and keep your information updated at all times during the term of these Terms of Use.

You are responsible for maintaining the confidentiality of Your username and password. You are further responsible for any and all activities that occur under Your user account. You shall notify Kapacity.io immediately of any unauthorised use Your user account or any other breach of security. Kapacity.io will not be liable for any kind of loss or damage that You may incur as a result of someone else using Your passwords or accounts.

By accepting these Terms of Use you hereby grant Kapacity.io the right to access and manage Your user account and all Customer Data therein (as defined in these Terms of Use) for the purposes of troubleshooting and managing the customer relationship.

You must notify Kapacity.io immediately of any change in your eligibility to use the Service.

Restrictions of use

You may use the Service only and strictly in accordance with the terms of these Terms of Use and other instructions provided by Kapacity.io from time to time.

Unless otherwise permitted in these Terms of Use, You may not:

• make changes to the Service;
• circumvent or attempt to circumvent any usage control or anti-copy features of the Service;
• probe, scan or test the vulnerability of the Service;
• use the Service and the content available through the Service in any manner that could damage, disable, overburden or impair the Service;
• use any data mining, robots, scraping, or similar data gathering or extraction method;
• use, copy, sell, resell, rent, transfer, license or otherwise provide anybody with the Service and/or the content of the Service available through the Service, except as provided herein;
• interfere with other users’ use of the Service;
• reverse engineer or decompile the Service or access the source code thereof, except as permitted by law;
• use the Service for transmitting any unauthorised advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;
• use the Service in violation of any applicable law;
• use the Service in ways that violate intellectual property rights or privacy of third parties or users; and/or
• use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.

AVAILABILITY and modifications of the service, LIMITED WARRANTY

Kapacity.io will make reasonable efforts to keep the Service operational. Kapacity.io shall have the right to suspend the availability of the Service due to installation, change or maintenance work or due to severe data security risk to the Service or if required by law or public authorities. If Kapacity.io suspends the Service for these or comparable reasons, it shall inform You of the suspension and the duration of the estimated suspension in advance or, if this is not reasonably possible, without undue delay after it has become aware of such occurrence.

Kapacity.io shall have the right to deny Your access to the Service without any prior notice to You, if Kapacity.io suspects that You are in breach of these Terms of Use, or that You burden or use the Service in a manner which may jeopardise the availability of the Service to other users.

You acknowledge that interruptions to the availability of the Service may also occur due to no fault of Kapacity.io, for example, in the event of data connection disruptions or interruptions to the availability of systems or components delivered by third parties. Kapacity.io accepts no liability for any such reasons.

To the extent permitted by applicable laws, Kapacity.io has no obligation to maintain, support, upgrade, or update the Service, or to provide any specific content through the Service. Kapacity.io may further discontinue providing the Service (wholly or partly) at its sole discretion.

Kapacity.io may make modifications or changes to the Service (including trial version, if any) at any time and at its sole discretion and without notifying You thereof, provided that such changes do not materially affect Your use of the Service. However, if Kapacity.io introduces changes materially affecting the Service, Kapacity.io will notify You in advance and if You do not accept such material change, You have the right to terminate these Terms of Use by notifying Kapacity.io thereof prior to the effective date of such change.

Except as specifically provided under these Terms of Use, the Service (including all interfaces and integration tools provided by Kapacity.io) is provided on a strict "AS IS" -basis and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular or general purpose.

THIRD-PARTY SERVICES

In connection with Your use of the Service, You may provide Customer Data to Kapacity.io or enter it in the Service. Kapacity.io shall have no liability for the accuracy or completeness of such Customer Data for the provision of the Service, or otherwise. For the purposes of these Terms of Use, “Customer Data” shall mean any content and/or materials and any information (including personal data) regarding Your or a third party’s business and/or premises or other information, provided by You in the Service and/or originating from third-party services (by You using the interfaces and integration tools in the Service, or otherwise), including without limitation any third-party content that You have licensed or acquired.

You hereby grant Kapacity.io a non-exclusive, worldwide, and limited right to use the Customer Data for the purposes of delivering and performing the Service. Kapacity.io may store and use Customer Data during the term of these Terms of Use for the purposes of providing the Service. Kapacity.io shall have the right to generate and fully exploit and use anonymous usage, statistic and other aggregate data from and by analysing the Customer Data and Your use of the Service, provided that all such aggregate data is in completely de-identified and anonymous form.

You are obliged to ensure that Customer Data does not infringe any third-party intellectual property rights or violate any applicable laws or legislation (including privacy laws). You are not entitled under any circumstances to upload any illegal, offensive, threatening, libellous, defamatory, or otherwise inappropriate data to the Service. In case Kapacity.io believes, in its reasonable opinion, that any Customer Data violates these Terms of Use or any applicable law, Kapacity.io shall have the right to delete such Customer Data without prior notice and without any liability.

IMPORTANT: THE SERVICE SHALL NOT BE USED AS A STORAGE SERVICE FOR ANY CUSTOMER DATA OR ANY OTHER OF YOUR INFORMATION OR DATA. YOU SHALL BE SOLELY RESPONSIBLE FOR STORING APPROPRIATE BACKUP COPIES OF ANY CUSTOMER DATA OR ANY OTHER INFORMATION PROCESSED IN THE SERVICE.

PERSONAL DATA PROTECTION

At Kapacity.io, we take the protection of your personal data seriously. We are committed to ensuring that your personal data is handled in compliance with applicable data protection laws and regulations. Our practices regarding the collection, use, storage, and protection of personal data are detailed in our Privacy Policy. By using our services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, processing, and sharing of your personal data as described therein. For more information about how we handle personal data, please review our Privacy Policy https://kapacity.io/privacy-policy/.

INTELLECTUAL PROPERTY RIGHTS

All right, title and interest in and to all intellectual property rights in or related to the Service, any usage data generated by the Service and thereto related documentation, use manuals and analytics (including modifications to any of the foregoing, if any), aggregate data and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Kapacity.io and/or its subcontractors or licensors, as the case may be.

Except as expressly stated herein, these Terms of Use do not grant You any intellectual property rights in the Service or any other products or services of Kapacity.io, and all rights not expressly granted hereunder are reserved by Kapacity.io and its subcontractors or licensors, as the case may be.

The intellectual property rights and title to Customer Data, as well as any analysis or results produced as a result of Customer Data in the Service, shall belong to You, but You shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Data.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless Kapacity.io from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third-party claim: (i) regarding Customer Data; or (ii) regarding Your use of the Service in violation of these Terms of Use (including cases where Kapacity.io’s access to and control of Your premises’ automation systems (which are considered as third-party services), Your application programming or other interfaces or of a third party, infringe third party intellectual property rights or other rights of a third party.

CONFIDENTIALITY

Neither Party shall disclose to third parties any material or information received from the other Party and marked as confidential or which should be understood to be confidential and shall not use such material or information for any other purposes than those stated in these Terms of Use.

A Party shall return all records or copies of the confidential information of the other Party at the request of the other Party and at the latest upon the expiry or termination of these Terms of Use. This shall not apply to confidential information or copies thereof which must be stored by the receiving Party in accordance with applicable law. The obligation of confidentiality is applied during the term of these Terms of Use and for five (5) years after the termination of these Terms of Use unless applicable laws require a longer obligation of confidentiality.

The confidentiality obligation shall, however, not be applied to material and information, (a) which is generally available or otherwise public; or (b) which the Party has lawfully received from a third-party without any obligation of confidentiality; or (c) which was lawfully in the possession of the receiving Party prior to receipt of the same from the other Party without any obligation of confidentiality related thereto; or (d) which a Party has independently developed without using material or information received from the other Party as verified by the written records of the receiving Party; or (e) which a Party is obligated to disclose due to applicable mandatory laws, public authority regulations or court orders. In case of disclosure due to (e), the Party must promptly inform the other Party of such disclosure.

LIMITATION OF LIABILITY

Neither Party shall be liable for any indirect or consequential damages caused to the other Party. The foregoing shall not apply to damages resulting from the breach of the Sections 3 (Restrictions of use), 8 (Intellectual Property Rights), 9 (Indemnification) or 10 (Confidentiality).

Each Party's total aggregate liability under or in connection with these Terms of Use shall be limited to the total and aggregate of the service fees You have paid for the Service during a period of three (3) months preceding the occurrence for which damages are claimed.

Nothing contained herein shall be deemed to limit each Party’s liability towards the other Party in the event of and to the extent that the damages are caused by wilful misconduct or gross negligence of the breaching Party.

Kapacity.io has no other obligations or liabilities than those that have expressly been agreed upon in these Terms of Use. Kapacity.io shall not be liable for any costs or damages resulting from the use of the trial version.

Kapacity.io shall not be responsible for any reason whatsoever for the destruction, disappearance of or for changes to the Customer Data (including personal data), such as the costs incurred by recreation of the files. You shall be responsible for making backup copies with respect to Your Customer Data.

TERM AND TERMINATION

These Terms of Use will take effect as of the effective date of Your agreement to use the Service, however no later than when You commence to use the Service. These Terms of Use are subject to the subscription term and/or termination agreed in the Terms of Service.  

Kapacity.io has the right to terminate these Terms of Use with immediate effect and without prior notice, if You fail to comply with the terms contained herein.

Upon expiry or termination of these Terms of Use, You shall cease to use the Service.

All provisions of these Terms of Use that are intended to survive the termination or expiry of these Terms of Use shall do so, including without limitation Sections 8 (Intellectual Property Rights), 10 (Confidentiality), 11 (Limitation of Liability) and 13.1 (Governing Law and Dispute Resolution).

MISCELLANEOUS

Governing Law and Dispute Resolution

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions.

To the extent permitted by law, any dispute, controversy or claim arising out of or relating to these Terms of Use or a breach, termination or validity thereof shall be settled by the District Court of Helsinki as the court of first instance. You are, however, entitled to choose to bring action in either the applicable court of first instance in Your home jurisdiction or in the District Court of Helsinki.  

Force Majeure

Neither Party shall be liable for delay and damage caused by an impediment beyond the Party’s control and which the Party could not have reasonably taken into account and the consequences of which the Party could not reasonably have avoided or overcome.

Notices

Any notice or other written communication with regard Your use of the Service shall be handled through info@kapacity.io.

Assignment

Kapacity.io may assign all or any of its rights or obligations hereunder to a third party.

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