Terms & Conditions
These Terms of Service (the "Terms") govern access to and use of the Service offered by Axion Energy Markets Data ("Axion", "we", "us"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity and “you” refers to that entity.
1) Definitions
- Customer: the individual or entity that signs up for the Service.
- User: an individual authorised by Customer to access the Service.
- Customer Data: datasets, files, configurations, or other content submitted to the Service by or on behalf of Customer.
- Output: results generated by the Service based on Customer inputs and/or Axion data sources.
2) Accounts & Eligibility
- Accounts must be registered with accurate information. You are responsible for maintaining the confidentiality of credentials and for all activities under your account.
- You must be at least the age of majority in your jurisdiction and a professional user. The Service is not intended for consumers or children.
3) Access, Subscriptions & Payment
- Access is provided on a subscription or usage basis as set out in the order, checkout, or in-app plan (the "Order").
- Fees are exclusive of taxes. You are responsible for VAT and other applicable taxes. If payment fails or is late, we may suspend or limit access.
- Trials and beta features may be offered on an evaluation basis and are provided AS IS without support or warranties.
4) Acceptable Use
- No unlawful, infringing, or harmful activity.
- No scraping or bulk exporting that circumvents rate limits or licensing terms.
- No reverse engineering, decompiling, or attempting to derive source code except where permitted by law.
- No use to develop a competing dataset or service without our prior written consent.
5) Intellectual Property
The Service, software, documentation, and Axion-provided datasets are owned by Axion or its licensors and are protected by law. Except for the limited rights expressly granted in these Terms and your Order, Axion reserves all rights. You may not remove proprietary notices. Feedback you provide may be used to improve the Service without restriction.
6) Customer Data
- Customer retains ownership of Customer Data. You grant Axion a non-exclusive licence to process Customer Data to provide and improve the Service, including for security and operational analytics.
- You are responsible for ensuring you have all necessary rights to Customer Data and that your use complies with law and third-party rights.
7) Third-Party Services
The Service may interoperate with third-party tools (e.g., cloud storage, analytics, identity providers). Your use of third-party services is governed by their terms and privacy policies. Axion is not responsible for third-party services.
8) Confidentiality
Each party will protect the other party’s confidential information with reasonable care and use it only for the purposes of these Terms. This section does not limit disclosures required by law (after reasonable notice, if permitted).
9) Privacy
Our processing of personal data is described in the Privacy Policy above. Where Axion acts as processor for Customer Data, the parties will enter into a Data Processing Agreement (DPA) that includes the European Commission Standard Contractual Clauses where applicable.
10) Data, Accuracy, and No Advice
You acknowledge that energy market data is complex and may be sourced from third parties and public sources. Outputs and data are provided "AS IS" and "AS AVAILABLE" and do not constitute investment, trading, financial, legal, or other professional advice. You are solely responsible for decisions made using the Service, including trading or commercial decisions.
11) Warranties & Disclaimers
To the maximum extent permitted by law, the Service and all data, content, and features are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that data will be accurate, complete, or timely.
12) Limitation of Liability
To the fullest extent permitted by law: (a) Axion shall have no liability for any indirect, incidental, special, consequential, exemplary, punitive, or business-interruption damages, loss of profits, revenue, goodwill, data, or cost of substitute services, arising out of or relating to the Terms or the Service; and (b) in any event, Axion’s aggregate liability for all claims in any 12-month period shall not exceed the greater of EUR 100 or the amounts actually paid by you to Axion for the Service giving rise to the claim during the 12 months preceding the first incident. Nothing in these Terms limits liability that cannot be excluded under applicable law (e.g., for fraud or wilful misconduct).
13) Indemnity
You will defend, indemnify, and hold harmless Axion and its affiliates, officers, directors, and personnel from and against claims, losses, and expenses (including reasonable legal fees) arising from your use of the Service in breach of these Terms or applicable law, or from Customer Data (including alleged infringement or violation of third-party rights).
14) Suspension & Termination
- We may suspend or limit access if required by law, for security, for non-payment, or for breach of these Terms.
- Either party may terminate for material breach not cured within 30 days of notice. Upon termination, your right to use the Service ceases, and we may delete or disable access to Customer Data after a reasonable retention period unless required by law to retain it.
15) Modifications
We may modify the Service and these Terms from time to time. If changes are material, we will provide notice (e.g., in-app or email). Continued use after the effective date of changes constitutes acceptance.
16) Export & Sanctions Compliance
You must comply with applicable export control and sanctions laws and represent that you are not barred from using the Service under such laws.
17) Governing Law & Dispute Resolution
These Terms are governed by the laws of [insert governing law, e.g., Spain], excluding its conflict of laws rules. The courts of [insert venue, e.g., Madrid, Spain] shall have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue there. If you are a consumer (which the Service is not intended for), mandatory consumer rights and venues may apply.
18) Notices
Legal notices to Axion must be sent to support@axion-insights.com and to our registered address. We may provide notices to you via the Service, email, or your account contact details.
19) Miscellaneous
- Severability: If any provision is unenforceable, the remainder remains in effect.
- Assignment: You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a corporate transaction.
- Force Majeure: Neither party is liable for delays or failures due to events beyond reasonable control.
- Entire Agreement: These Terms and your Order constitute the entire agreement regarding the Service and supersede prior agreements on the subject.
- No Waiver: Failure to enforce a provision is not a waiver.