gridshare terms of use

This agreement (“Agreement”) is a legal agreement between you (“you”) and Lunar Energy Limited of 55 Baker Street, London, W1U 7EU (“Lunar Energy”, “us” or “we”) for the provision of software as a service to enable you to access and use Gridshare Services, as defined below, and use any documents provided (“Documents”).

We license use of the Gridshare Services and Documents to you on the basis of this Gridshare Agreement. We do not sell the Services or Documents to you. We, or our licensors, remain the owners of the Services and Documents at all times.

AGREED TERMS

1. Definitions

In this Agreement, the following words and expressions have the following meanings:

“Authorised Users” means those of your board members, employees, agents, independent contractors, subcontractors and service providers who are authorised by you to access and use the Gridshare Service and the Documentation. Lunar Energy reserves the right to impose a maximum number of Authorised Users.

“Authorised User Data” means any Personal Data relating to Authorised Users that Lunar Energy receives from any source in the course of performing its obligations under this Agreement.

“Confidential Information” means information about the Party’s business affairs, products, software (including all source code, object code, Documentation, user interfaces, and any modifications, improvements, or derivative works thereof), confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, the existence and terms of this Agreement, and in any case, whether oral or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as confidential, but a Party’s information shall not be deemed to be Confidential Information if it:

i. is at the time of disclosure or becomes through no wrongful act, inaction or omission of the receiving Party, publicly available or generally known;

ii. known to the receiving Party at the time of disclosure without an accompanying obligation of confidentiality;

iii. is rightfully obtained by the receiving Party by a third party on a non-confidential basis from a third party; or

iv. is independently developed by the receiving Party, without use of or reference to the disclosing Party’s Confidential Information, and which independent development can be shown by written evidence.

“Data” means (i) information, data, and other content, in any form or medium that is submitted, posted or otherwise transmitted by or on your behalf, or Authorised Users, for the purposes of receiving the Gridshare Services and (ii) the Services Data. For the avoidance of doubt, Data is Confidential Information, and includes as End User Data, Device Data, and all data or information (i) provided by an End User, through Gridshare Services, and (ii) regarding the performance of any Device owned or leased by an End User, obtained by Lunar Energy through the GridShare Services.

“Device” means Covered Products as defined in and backed by the Limited Warranty.

“Device Data” means the telemetry data, performance data and metadata collected from Devices monitored through the Gridshare Services, including End User Data collected from Devices.

“Documentation” means the documentation for the Gridshare Services made available to you by us.

“End User” means an individual for whom you have installed a Device on such individual’s property pursuant to an agreement between you and such individual.

“End User Data” means any Personal Data relating to End Users that Lunar Energy receives from any source in the course of performing its obligations under this Agreement. For the avoidance of doubt, End User Data includes, without limitation, names, addresses, telephone numbers, email addresses, location information, IP addresses, utility account information, financial account or credit information, and behavioural data, including energy generation, consumption, and storage data.

“Effective Date” means the date on which you accepted this Agreement.