These Terms of Service ("Terms") govern your access to and use of the Encast website at encastenergy.com and the Encast platform and related services (the "Service"), operated by Encast Energy.
By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms.
1. The Service
Encast provides curtailment intelligence for renewable energy assets, including forecasts, risk indicators, recommended actions and reporting. The Service is provided for informational and decision-support purposes only.
2. No guarantee of results; your decisions
Forecasts, probabilities and recommended actions provided by the Service are estimates based on data and models. They are not guarantees of future outcomes and do not constitute financial, trading, investment or legal advice. All operational, trading and commercial decisions remain solely your responsibility, and you are responsible for verifying any information before acting on it.
3. Eligibility and accounts
You must be at least 18 years old and able to enter into a binding contract to use the Service. You are responsible for keeping any access credentials confidential and for all activity under your account.
4. Pilots and beta features
Parts of the Service may be offered as pilots, trials or beta features. These may be provided free of charge, may change or be withdrawn at any time, and are provided "as is" without any service commitments.
5. Acceptable use
You agree not to misuse the Service, including by attempting to access it without authorisation, reverse-engineering it, reselling or redistributing it without our consent, or using it in any unlawful way.
6. Intellectual property
The Service, including its software, models, content and branding, is owned by Encast or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. Data you provide to us remains yours.
7. Fees
Where the Service is provided under a paid plan, fees, billing and payment terms will be set out in a separate order or agreement between you and Encast.
8. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including as to accuracy, availability or fitness for a particular purpose.
9. Limitation of liability
To the maximum extent permitted by law, Encast will not be liable for any indirect, incidental or consequential damages, or for any loss of revenue, profits or data, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the amount you paid to us for the Service in the twelve months before the claim.
10. Term and termination
You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or if we discontinue the Service.
11. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified through the Service or by email, and continued use after changes take effect constitutes acceptance.
12. Governing law
These Terms are governed by the laws of Spain. Any disputes will be subject to the exclusive jurisdiction of the courts of Barcelona, Spain, unless mandatory law provides otherwise.
13. Contact
Questions about these Terms can be sent to hello@encastenergy.com