Terms of Service

These general terms and conditions along with all materials referenced herein (“Agreement”) is a legal agreement between Customer and Rebase (Rebasian Technologies AB), permitting Customer to access and use Rebase Platform subject to the terms of the Agreement.

1 DEFINITIONS

1.1 “Customer” means the legal entity registered as the Customer with access to the Platform ordered.

1.2 “Platform” means Rebase cloud or on-premises software platform as available by Rebase from time to time, such as, but not limited to, power production/consumption forecasting and other services.

2 ABOUT THE PLATFORM

2.1 Customer get access to third-party open or non-open data when using the Platform.

2.2 Rebase may without prior notification to Customer make changes to the Platform 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.

2.3 Rebase offers subscription or licence based access to its Platform.

2.4 Rebase may send information via email to the Customer regarding added services and other developments by Rebase or other providers. Separate conditions may apply to such future services.

2.5 Rebase may engage a subcontractor to perform its services. Rebase is liable for a subcontractor’s work as if it had been performed by Rebase.

3 SUPPORT

3.1 Request for support or reports on errors regarding the Platform should be done by sending an e-mail to support@rebase.energy. All support communication will be in English if not otherwise decided.

3.2 Normal support hours are from 08:00 - 16:00 CET/CEST Monday-Friday.

3.3 Rebase is not obligated to provide the Customer with any technical or other support for Platform during the term of any free trial.

4 LICENSE GRANT AND COPYRIGHT

4.1 Customer is granted a non-exclusive right to use the Platform solely for internal use in its organization and for its intended use.

4.2 Rebase and/or any third parties shall retain all right, title and interest to the Platform, including all patents, copyrights, trademarks, trade secrets and other proprietary rights to analyses, calculations, models, forecasts and systems contained on the Platform or otherwise provided as part of the Platform. Customer shall retain all rights to any own developed proprietary models.

5 CUSTOMER OBLIGATIONS

5.1 Access to the Platform is personal through personal email. 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 Platform 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 Rebase.

5.5 It is Customer’s responsibility that it has the technical infrastructure, equipment and software needed for use of the Platform. Rebase is not responsible for any faults and defects in such infrastructure, equipment and software.

5.6 Customer agrees to serve as a reference customer. This includes to be listed on Rebase's website and to agree on a joint press release which shall be accepted by both parties before published. Rebase may also refer to Customer’s name when communicating with third parties.

5.7 Customer may not use the Platform in a way that causes Rebase or a third-party harm. If Customer becomes aware of the Platform being used in violation of these provisions, the Customer shall immediately terminate such use and inform Rebase of the violation.

6 PERSONAL DATA

6.1 Other than Customer’s contact information for billing and support services, where Rebase is the data controller, Rebase is the data processor of Customer’s personal data.

6.2 Rebase implements technical and organizational measures to protect the personal data and complies with applicable privacy regulations. See Rebase privacy policy for more information, available at https://www.rebase.energy/privacy-policy.

7 COST OF PLATFORM

7.1 The fee for the Platform is stated in the offer presented to Customer, which is part of this Agreement. Customer may have been granted a free trial of the Platform, in which case the charges will automatically apply after the expiration of such trial period.

7.2 Rebase will invoice Customer for the contracted time in advance on thirty (30) days payment terms. Rebase 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.

7.3 If Customer fails to pay by the due date for payment, Rebase 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 Platform until payment is received.

7.4 Customer shall bear sole responsibility for all expenses incurred in connection with using the Platform under the terms of this Agreement unless otherwise expressly agreed to herein.

7.5 Any costs incurred to Rebase 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, Rebase shall be entitled to reimbursement of per diem expenses and travel expenses.

8 AVAILABILITY OF THE PLATFORM

8.1 Rebase may guarantee a specified uptime of Platform 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 Platform (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 Rebase's reasonable control (see Section 10).

9 FORCE MAJEURE

9.1 Where Rebase is prevented from fulfilling its obligations pursuant to this Agreement due to circumstances which are beyond Rebase's 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 Platform, 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 Platform is provided “AS IS” without any implied warranty, if not otherwise expressed specifically. This includes, but it not limited to, warranties of merchantability or fitness for any particular purpose.

10.2 Rebase disclaims all warranties as to the accuracy, completeness or adequacy of information generated by the Platform. Rebase is not liable for any direct or indirect errors in the information or its conclusions. Customer uses the Platform at its own risk.

10.3 Rebase does not warrant at any time during the period of this Agreement, that access to or use of the Platform will be uninterrupted or error-free or that the Platform supplied are accurate or correct or that they meet any particular criteria of performance or quality.

10.4 In no event shall Rebase 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 Platform, even if Rebase has been advised of the possibility of such damages.

11 ADDITIONS AND AMENDMENTS TO THE AGREEMENT TERMS

11.1 Rebase reserves the right to change the specifications of its Platform 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://rebase.energy/terms-of-service.

12 FEEDBACK

12.1 Any feedback, comments, or suggestions Customer may provide about the Platform is entirely voluntary, and Rebase 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 feedback@rebase.energy.

13 TERM AND TERMINATION

13.1 This Agreement will commence as of the Starting Date.

13.2 The Agreement will terminate at the end of the current subscription or licence 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 Platform.

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 GENERAL

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 Rebase 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 Rebase.

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