Terms of Service

This Terms of Service agreement (“Agreement”) is entered into between Kapacity.io Solutions Oy (“Kapacity.io”), registered in Finland, with its principal place of business at Hämeentie 31, 00500 Helsinki, Finland, and the user (“User”) accessing and using the Kapacity.io Software Service (“Service” or “Services”) provided by the Company.

1. Acceptance of Terms

By accessing or using the Service, User agrees to be bound by the terms and conditions set forth in this Agreement. If User does not agree to these terms, User must not use the Service.

2. Service Description

The Service provided by the Company enables Users to control and automate various aspects of their energy devices. The features and functionality of the Service may be subject to change or discontinuation at the sole discretion of the Company.

3. User Obligations

a. User shall provide accurate and complete information during registration and keep their account credentials confidential.

b. User shall use the Service in compliance with all applicable laws and regulations.

c. User shall not misuse, modify, reverse engineer, or attempt unauthorized access to the Service or its underlying technology.

4. Privacy and Data Protection

a. The Company’s privacy policy governs the collection, use, and disclosure of User’s personal data. User acknowledges and agrees to the terms of the Company’s privacy policy (www.kapacity.io/privacy-policy). 

b. User grants the Company the necessary rights to process and store User’s personal data in accordance with applicable data protection laws.

C. To the extent any software licensed from third parties, including open source software, (collectively, “Third Party Software”) is provided with or incorporated into the Service, User will comply with the terms and conditions of the applicable third party licences associated with the Third Party Software, in addition to the terms and restrictions contained in this Agreement. 

5. Intellectual Property Rights

a. The Company retains all rights, title, and interest in and to the Service, including any trademarks, copyrights, or other intellectual property rights.

b. User shall not use, reproduce, distribute, or create derivative works from the Service without the prior written consent of the Company.

6. Limitation of Liability

a. The Service is provided on an “as is” and “as available” basis. The Company makes no warranties or representations, express or implied, regarding the Service.

b. The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Service.

7. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Finland. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Helsinki, Finland.

8. Modification of Terms

The Company reserves the right to modify or update this Agreement at any time. User will be notified of any material changes to the Agreement. Continued use of the Service after such modifications shall constitute User’s consent to the updated terms.

9. Entire Agreement

This Agreement constitutes the entire agreement between the Company and User regarding the use of the Service and supersedes any prior agreements or understandings, whether written or oral.