Energetica Acceptable Use Policy

Last Updated: 31 Jan 2024

This Acceptable Use Policy (“AUP”) applies to Customers’ and their employees’, associates’ or subcontractors’ use of (and access to) all services (“Services”) offered by Energetica Systems Pty Ltd and its cloud platform (“Energetica”). “Customer” under this AUP means any corporate or private entity with a service agreement (or other agreement) between that entity and Energetica governing the customer’s use of (or access to) Energetica (“Agreement”). Accessing Energetica indicates acceptance of all terms of the AUP without exception.

Energetica may change this AUP by posting an updated version of the AUP at https://energetica.io/aup.html and such updates will be effective upon posting.

WARNING: Customer’s violation of this AUP (or a violation by any Customer employee, associate, or subcontractor) will be considered a material breach of the relevant Agreement. Customer is responsible for ensuring all users with access to Energetica are made aware of the AUP.

Customer will promptly notify Energetica in writing of any unauthorised use of the services under this AUP (in each case that comes to Customer’s attention) and promptly take all reasonable steps necessary to terminate such unauthorised use, including collaborating with Energetica to remediate.

Intended Use of the Services

1. The Services are intended to store, index, analyse and make available commodity and associated data and related analytics and reporting to a Customer’s designated user, end user and any external user (“User”) that Customer provides with access to such data.

2. Intended uses of the Services include:

(a) Viewing, tagging, retrieving and/or sharing by a User of the content that the User has created and/or migrated and which is stored in Energetica;

(b) Administration by a Customer of information relating to its data stored in Energetica, including, without limitation, the information management policies, metadata, access rights, configuration settings, and other such options and features; and

(c) Viewing, downloading, modifying by a Customer of reports, alerts, and other compiled data stored and/or generated on or through Energetica.

Restrictions on Use of the Services

Customer will not, and will not encourage, permit, or assist any third party to:

· Circumvent any usage or access limits on the use of the Services.

· Create multiple accounts, to access the Services in a manner intended to avoid incurring fees or otherwise violate user restrictions.

· Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other item of a destructive or deceptive nature.

· Make the Services available to any third party (via a service arrangement, service bureau, lease, sale, resale, or otherwise) or use such for any purpose other than its own internal business purposes.

· Damage, disable, overburden, impair, or disrupt the Services or attempt to gain unauthorized access to any systems or networks that connect thereto or otherwise interfere with the operation of the Services or in any way with the use of the Services by others.

· Deliberately engage in bulk analysis that causes performance degradation within the system. Energetica has built in adequate performance headroom into the platform and will assist with any performance issues arising from acceptable usage.

· Copy, retain or distribute any reporting that is identified as confidential to Energetica and that is provided for reference purposes only, except as authorised by Energetica in writing. This restriction does not affect reporting not explicitly stated as confidential to Energetica.

· Perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking, or penetration testing of the Services (without first obtaining Energetica’s written consent).

· Use the Services other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any Australian or local privacy laws to the extent applicable to customer).

· Use the Services in a manner that violates any third-party rights (including, without limitation, intellectual property and privacy rights).

· Use the Services to mislead or defraud any person or entity.

· Promote, facilitate, or encourage illegal activity, including using the Services to assist known terrorist organisations or their related parties.

· Access or use the Services in order to create a product or service competitive with the Services.

· Copy any features, functionality, or graphics of the Services.

· Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or their outputs or reformat (or frame) any portion of the web pages that are part of the Services’ user interface.

· Use the Services in connection with any real-time control system (including any aviation, mass transit, medical or nuclear application) or any other application that could result in death, personal injury, catastrophic damage or mass destruction.

· Use any Services in any manner that would disparage Energetica.

· To the extent the following restriction is permitted by applicable law, access or use the Services for purposes of evaluating the availability, performance or functionality of the Services, or for any other benchmarking or competitive purposes (without obtaining Energetica’s written consent).

· Create, train or improve (directly or indirectly) a substantially similar product or service or artificial intelligence or neural network model.

· Reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services, documentation or data related to the Services.

· Modify, translate, or create derivative works based on the Services.