User Agreement KYOS KyPF

User Agreement KYOS KyPF

This Agreement governs the terms of use under which KYOS Energy Consulting BV, Nieuwe Gracht 49, 2011ND Haarlem, The Netherlands, registered with the Dutch Chamber of Commerce under no. 34309913, (“KYOS”), agrees to grant USER (“USER” or “you”) access to and use of KYOS’s online software service offerings regarding the calculation of long-term power prices (KYOS Fundamental Power model, or “KyPF”).

By indicating USERS’s acceptance of this Agreement or by using KYOS Software and Services as described in Article 1, USER agrees to be bound by this Agreement.

Article 1 – Description of Service and Software

1.1 KYOS provides an information service to simulate long-term power prices on kypf.kyos.com (“KyPF”). KyPF contains a fundamental power price model that uses selected data to simulate forward power prices, and also contains datasets, spreadsheets and user guides.
1.2 KYOS will provide USER with a user name and password to log in to KyPF.
1.3 USER is obliged to keep the login credentials confidential and prevent any unauthorized use by third parties.
1.4 USER obtains non-exclusive user rights for KyPF.
1.5 USER will not pay any fees for the use of KyPF under this Agreement, unless agreed in a separate agreement duly signed.

Article 2 – Duration of this Agreement

2.1 This Agreement commences on the date of first use of USER of KyPF and ends 365 days later or on 31 December 2019, whichever comes first.
2.2 KYOS reserves the right to end this agreement prematurely, or suspend user rights if USER is not complying with the terms as agreed in this Agreement.
2.3 KYOS reserves the right to end this Agreement and revoke access to KyPF at its sole discretion at any time without having to provide a reason or notice.

Article 3 – License

3.1 KYOS grants you a revocable, non-exclusive, non-transferable, limited license to use KyPF solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement
3.2 Included in the license are selected datasets with power plant details for various European countries, as well as other data needed to use KyPF.
3.3 USER may upload own data into KyPF, including price data, power demand data, power plant details and interconnection capacities.

Article 4 – Data

4.1 All data that USER uploads to KyPF (“KyPF Inputs”), will become joint ownership of the USER and KYOS.
4.2 All data that USER obtains by using the KyPF (“KyPF Output”), will become joint ownership of the USER and KYOS.
4.3 USER grants KYOS all rights of use regarding handling and publishing KyPF Input and KyPF Output. This also applies to partial handling and publishing. The rights of use are unrestricted in time, range, and content. KYOS will however respect the privacy of the USER in publications, unless otherwise agreed.
4.4 All KyPF Inputs and KyPF outputs will become visible to all other users of KyPF.

Article 5 – Operational clauses

5.1 The use of KyPF is bound by a ‘fair use policy’. Any abnormal occasions caused by USER which could lead to extreme overload of the model, servers or backbone at KYOS are to be avoided at all times.
5.2 In such instances as described in article 9.1, KYOS has, at its own discretion, the right to cancel processes or calculations or even revoke access to KyPF to avoid such overload.
5.3 It is strictly forbidden to resell or in other form commercially exploit the results obtained by using KyPF.
5.4 Use of the KyPF is strictly limited to its destined functions. Any inappropriate or illegal use, manipulation, or amendments of KyPF is prohibited and may lead to termination of access rights to KyPF.

Article 6 – Proprietary rights

USER acknowledges and agrees that KYOS owns all intellectual property rights in the Service and Software. Except as expressly stated herein, these conditions do not grant the USER any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Service and Software.

Article 7 – Guarantees & liability

7.1 KYOS cannot be held liable for any direct or indirect damage caused by using KyPF. Specifically, KYOS does not assume any liability with regard to the accuracy, completeness, correctness and timeliness of the information provided on KyPF.
7.2 KYOS does not guarantee that the information is provided without interruptions and with full availability on KyPF. KYOS does not guarantee error-free or uninterrupted service, nor that any defects will be corrected or that the use of KyPF will provide specific results intended by the User.
7.3 The data and results contained on and obtained by using KyPF are only intended as information and do not form investment counselling.

Article 8 – Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Article 9 – Other

9.1 Supply or procurement conditions of the USER are not applicable for the agreement.
9.2 The USER agrees to the terms of KYOS´ Privacy Policy available at https://www.kyos.com/contact/privacy-policy/
9.3 For any disputes that may arise, Dutch law will be applicable.
9.4 KYOS reserves the right to modify or replace this Agreement. You will be notified 30 days prior to any new terms taking effect.

Contact Information

If you have any questions about this Agreement, please contact us.

KYOS Energy Consulting BV
Nieuwe Gracht 49
2011 ND Haarlem, the Netherlands
Tel. +31 23 5510221
info@kyos.com