Terms of Service

1. Introduction

These Terms of Service ("Terms"), along with any referenced documents, govern your use of our website www.fidgate.com, platform, and software owned or operated by FIDgate (collectively, the "Services").

By accessing or using FIDgate, you agree to these Terms and enter into a legally binding contract with FIDgate. If you do not agree, you must stop using the Services immediately.

2. Our Services

FIDgate is a software-as-a-service (SaaS) platform that provides financial optimization, data analysis, and modeling for utility-scale solar PV and energy storage projects. Our Services include but are not limited to:

• Project configuration analysis
• Financial modeling & risk assessment
• Optimization of solar-storage hybrid projects

These Services may be provided via software access, consulting, or advisory services, subject to separate agreements where applicable.

3. Eligibility & Acknowledgements

• You must be at least 18 years old to use Frigate and the Services.
• If you use FIDgate on behalf of an organization, you confirm you have the authority to bind the organization to these Terms.
• Your use of FIDgate is subject to our Privacy Policy, which details how we collect, process, and store personal data in compliance with applicable laws, including the GDPR.

4. License & Access to Services

4.1 License Grant

FIDgate grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, subject to these Terms.

4.2 License Restrictions

You agree that you shall not:

• Resell, distribute, sublicense, or provide access to third parties.
• Copy, modify, reverse-engineer, decompile, or attempt to extract the source code of any FIDgate software.
• Use FIDgate for any unlawful, fraudulent, or harmful activities.

FIDgate reserves the right to suspend or terminate your access if you violate any of these restrictions.

5. Compensation

5.1 Payment Terms

Payment for the Services may be made via bank transfer or a third-party payment processor. FIDgate reserves the right to modify payment methods and may prioritize certain methods at its sole discretion.

5.2 Subscription Plans & Additional Features

You may subscribe to FIDgate on a:

• Per-project basis
• Annual subscription

Certain advanced features, such as access to additional datasets, enhanced computational capabilities, and specific power plant modeling, may be subject to additional fees beyond the base subscription price. These fees will be clearly communicated directly to you.

Failure to make payments on time may result in suspension or termination of access to the Services.

6. Acceptable Use Policy

When using FIDgate, you agree to:

• Comply with all applicable laws and regulations.
• Not use FIDgate for fraudulent, malicious, or unlawful purposes.
• Not introduce viruses, malware, or malicious code.
• Not interfere with the integrity or security of the platform.

Consequences of Violation

If you violate these Terms, we may:

• Suspend or terminate your account.
• Take legal action to recover damages.
• Report your activities to law enforcement if necessary.

FIDgate is not liable for any damages resulting from enforcement actions under this section.

7. Intellectual Property Rights

7.1 Ownership & Usage

All intellectual property rights over FIDgate's software, algorithms, methodologies, models, and trademarks belong exclusively to FIDgate.

You retain ownership of your own project data and reports generated using the platform.

FIDgate retains ownership of all underlying technology, software, and proprietary models.

7.2 Feedback & Improvements

If you provide feedback, suggestions, or ideas, you grant FIDgate a worldwide, perpetual, royalty-free license to use, modify, and incorporate that feedback into its Services.

7.3 IP Complaints

If you believe your intellectual property rights have been violated, contact us at contact@fidgate.com.

8. Disclaimer of Warranties

8.1 General Disclaimer

You acknowledge and agree that your use of FIDgate and its Services is at your sole risk. The Services are provided "as is" and "as available", without any warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Warranties that the Services will be uninterrupted, error-free, or free from security vulnerabilities.
• Warranties that the optimization results, analyses, or financial projections provided by FIDgate will be 100% accurate or applicable to any specific project or regulatory environment.

Neither FIDgate, its affiliates, subsidiaries, shareholders, directors, employees, service providers, agents, third-party content providers, distributors, licensees, licensors, nor anyone involved in the creation, production, or delivery of the Services (collectively, the "FIDgate Parties") guarantee that:

• The Services will be free from defects, errors, or interruptions.
• Any identified defects will be corrected.
• The platform, software, or servers that make the Services available are free from viruses, malware, or other harmful components.

FIDgate disclaims any responsibility for your reliance on results, simulations, or insights derived from its Services. Users are encouraged to consult with professionals before making investment or financial decisions based on FIDgate's outputs.

8.2 Dependence on External Data and Third-Party Services

FIDgate relies on external data sources, APIs, financial market databases, meteorological information, and third-party integrations (collectively, "External Sources"). FIDgate makes no warranties regarding the accuracy, reliability, or availability of third-party data, and is not responsible for service interruptions, errors, or failures caused by:

• Third-party APIs, integrations, or external datasets.
• Changes in government regulations or financial modeling standards that impact previously generated insights.
• Service outages or discontinuation of third-party tools integrated with FIDgate.

Users acknowledge that data updates, market fluctuations, and regulatory changes may affect the relevance and accuracy of previously generated simulations and financial models.

8.3 Loss of Data and System Integrity

FIDgate cannot and does not guarantee the permanent availability, integrity, or security of your data. Users acknowledge that:

• Data loss may occur due to software bugs, version incompatibilities, cyber incidents, or system failures.
• Stored projects, financial models, or simulations may be lost, corrupted, or become inaccessible.
• FIDgate is not liable for any damages resulting from data loss, corruption, or unavailability.
• Users are responsible for maintaining their own backups of critical data and project results.

8.4 Third-Party Links & External Websites

FIDgate may contain links to third-party websites, services, or integrations. These external services are not controlled or maintained by FIDgate, and we assume no responsibility for:

• The accuracy, content, security, or privacy policies of external websites.
• Any damages or losses caused by your use or reliance on third-party services.

Users should carefully review third-party terms and policies before engaging with external services.

8.5 Security of Your Account

Users are responsible for maintaining the security and confidentiality of their account credentials, including:

• Usernames, passwords, API keys, and access tokens.
• Preventing unauthorized access to their accounts.
• Promptly notifying FIDgate of any suspected security breaches.

FIDgate is not liable for unauthorized access to your account due to negligence, weak passwords, or account sharing.

8.6 Accuracy of Results & Financial Simulations

FIDgate's Services provide data-driven optimization models, financial forecasts, and project simulations; however, users acknowledge that:

• Model outputs are approximations and may not fully reflect real-world conditions, grid constraints, or evolving market dynamics.
• No warranty is made regarding the accuracy, completeness, reliability, or applicability of the results.
• FIDgate simulations rely on assumptions, datasets, and methodologies that may not be suitable for all investment, financial, or regulatory decisions.
• Users must independently verify results and consult with experts, financial analysts, or engineers before making critical business decisions.

9. Limitation of Liability

To the maximum extent permitted by law:

• FIDgate's total liability for any claims shall not exceed the amount you paid for the Services in the last 12 months.
• We shall not be liable for any indirect, incidental, or consequential damages, including lost profits, data loss, or reputational harm.

10. Indemnification

You agree to indemnify and hold FIDgate, its officers, employees, and affiliates harmless from any claims, damages, or legal actions arising from:

• Your use or misuse of the Services.
• Violation of these Terms.
• Infringement of third-party rights.

We reserve the right to assume exclusive defense in any indemnified matter at your expense.

11. Termination & Suspension

11.1 Voluntary Termination

Either party may terminate this agreement with 30 days' written notice.

Upon termination:

• The Client must settle all outstanding payments.
• FIDgate will revoke access.

11.2 Termination for Default

FIDgate may terminate the agreement immediately if:

• You materially breach these Terms.
• You fail to remedy a breach within 7 days of written notice.
• You engage in illegal or fraudulent activities.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of Estonia.

If a dispute arises:

• The parties shall attempt to resolve it through negotiations within 30 days.
• If unresolved, the dispute shall proceed to mediation.
• If mediation fails, disputes shall be exclusively resolved in Harju County Court, Estonia.

13. Miscellaneous

13.1 Severability

If any part of these Terms is found to be invalid, the rest shall remain in full force and effect.

13.2 Amendments

We reserve the right to modify these Terms. We will provide 30 days' notice before changes take effect. Continued use of our Services after modifications constitutes acceptance.

13.3 Contact Information

For any questions or concerns, contact us at:

📧 contact@fidgate.com