1.1. The provider of the software platform is Energy Leap DPC, UIC 208445157, registered office and management address: Republic of Bulgaria, Sofia 1616, Vitosha District, Boyana Quarter, Matey Preobrazhenski St. No. 6, Apt. 2, email: info@enle.ai (hereinafter referred to as the "Provider").
1.2. These Terms and Conditions ("T&C") govern the terms for access to and use of the Energy Leap software platform (the "Platform") by clients that are legal entities (the "Client").
2.1. These T&C apply together with an individual agreement concluded between the Provider and the Client.
2.2. In the event of any conflict between the individual agreement and these T&C, the T&C shall prevail, unless the individual agreement expressly and unequivocally provides otherwise.
3.1. The Provider grants the Client access to the Platform in the form of a paid subscription.
3.2. The Platform includes automated functionalities for analysis, optimization, decision-making and the transmission of commands to physical devices and systems.
4.1. The Platform uses algorithms, automated logic, forecasts and data obtained from external sources.
4.2. The Client expressly acknowledges and agrees that:
- The Platform does not replace human, engineering, commercial or managerial judgment;
- The Platform must not be used as the sole or final basis for critical, financial, technical or regulatory decisions;
- Full responsibility for all decisions, actions and consequences arising from the use of the Platform rests entirely with the Client.
5.1. The Platform processes data provided by the Client and/or obtained from third parties, including but not limited to operators, exchanges, API providers and network operators.
5.2. The Provider does not guarantee the accuracy, completeness, timeliness or continuity of data obtained from external sources.
5.3. The Provider shall not be liable for consequences arising from:
- inaccurate, delayed or missing data;
- errors or interruptions in external systems and services.
6.1. The Client bears full responsibility for ensuring, maintaining and reliably operating the internet connectivity, local network infrastructure, firewalls, VPN connections and all related communication services required for access to and normal operation of the Platform.
6.2. The Provider shall not be liable for interruptions, delays or instability of internet connectivity, nor for the absence or loss of communication between the Platform and physical devices, where such issues are caused by network problems, external factors or infrastructure not managed by the Provider.
6.3. The Client acknowledges that, in the event of limited or unavailable internet connectivity, the functionalities of the Platform may be partially or fully unavailable, without this constituting a breach by the Provider.
6.4. The Client is obliged to ensure local safety and protection mechanisms for its equipment in the event of loss of communication and issues caused by external factors, including, but not limited to, automatic protections, local controllers, emergency modes and safe operation procedures.
7.1. The Provider shall not be liable for:
- loss of profits;
- indirect, consequential or non-material damages;
- financial losses related to electricity prices, energy markets or regulatory mechanisms;
- penalties, fines or regulatory consequences incurred by the Client.
7.2. The maximum total liability of the Provider, regardless of the legal grounds, shall be limited to the amount of fees paid by the Client during the preceding 12 months.
8.1. The Platform is provided on a best effort basis.
8.2. Temporary interruptions due to maintenance, updates, technical issues or external causes shall not constitute a breach of the Provider's obligations.
9.1. All rights to the Platform, including software, algorithms, interfaces and documentation, are the exclusive property of the Provider.
9.2. The Client shall not copy, modify, distribute or otherwise use the Platform beyond the agreed scope.
10.1. The Provider has the right to unilaterally terminate access to the Platform in the event of breach, misuse or non-payment.
10.2. The Client's data shall be archived for a period of 30 days after termination, after which it may be deleted.
11.1. Only technical logs and data necessary for the operation and security of the Platform are processed.
12.1. All matters not regulated herein shall be governed by Bulgarian law.
12.2. All disputes shall be resolved by the competent Bulgarian court.