Energy Web AG (hereinafter "Energy Web", “we”, or “us”) operates a Launchpad (the “Launchpad”) in collaboration with Zeeve Inc (“Zeeve”). 

These are the general terms and conditions (the “Terms”) which govern your (“you” as a natural person and as a representative of a legal business entity or other organization, as applicable) relationship with Energy Web relating to your use of the Launchpad. 
‍

Please read these Terms carefully before registering to use the Launchpad. Your registration and use of the Launchpad are conditioned on your acceptance of and compliance with these Terms. By registering to use and using the Launchpad you agree to be bound by these Terms, and Energy Web’s privacy policy. If you disagree with any part of the terms, then you may not register to use the Launchpad or, if you already have registered, must immediately stop using the Launchpad. 

Energy Web may amend these Terms from time to time in their discretion, in accordance with all applicable governance processes relating to Launchpad. By continuing to make use of the Launchpad, you agree to and accept to be bound by the latest version of the Terms. The latest version of the Terms always applies between Energy Web and you, as accessible at any time on the Launchpad.

‍

1. Eligibility

1.1 To make use of the Launchpad, you must be able to form a legally binding contract with us. Accordingly, you represent that you have the full right, power, and authority to enter into and comply with these Terms on behalf of any company or legal entity for which you may act. 

1.2 You further represent and warrant that you are not (a) the subject of asset freeze, travel ban, financial, economic, human rights, sectoral or trade sanctions administered or enforced by 1 any governmental authority or otherwise designated on any list of prohibited or restricted parties or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations. Finally, you represent and warrant that you fully comply with all applicable laws and regulations, and that you will not conduct, promote, or otherwise facilitate any illegal activity (including but not limited to activities which are prohibited by applicable anti-money-laundering or counter-terrorism-financing regulations). 

1.3 We reserve the right to choose which markets and jurisdictions to conduct our business and may restrict or refuse, at our sole discretion, access to the Launchpad in certain countries or regions.

‍

‍

2. Data and privacy

2.1 Your use of the Launchpad involves creating certain data in the Launchpad. You may, by your use of the Launchpad, make certain data visible to other users and the general public. 
‍

2.2 You represent and warrant that any information that you submit to the Launchpad is true and correct. 

2.3 You understand and agree that we make no warranties, express or implied, as to the validity, accuracy, marketability, merchantability, or any other aspect of any information submitted to the Launchpad or published by us as a result of or derived from the Launchpad. 

2.4 You consent to our receipt of the information you submit to the Launchpad and our use of that information as may be required for validation. 

2.5 The records of the Launchpad are stored on our systems in accordance with standard safety practices and applicable laws. 

2.6 Energy Web and Zeeve take your privacy and the protection of your personal data, collected and processed in connection with the Launchpad, very seriously. If you want to find out more about the personal data collected, how we collect them and the related processes, you can check our Privacy Policy, available at any time on our website. 

‍

3. Identity and anti-money laundering

3.1 We may require, in our sole discretion, you to complete identity verification, “know your customer,” “know your business,” anti-money laundering, or similar steps related to fraud prevention or compliance with applicable laws or industry best practices. We may require these to be completed at the time of registration or at any subsequent time. 

3.2 We may reject your registration to use the Launchpad, or suspend or terminate your right to use it, if in our sole discretion we determine that you have failed to complete any such required steps to our satisfaction. 

3.3 We shall implement any such requirements via integration with a professional service performed by a third party specializing in the provision of such services. Any data you submit in compliance with these requirements shall be collected, processed, and retained in a manner consistent with our and that third party’s data and privacy policies and applicable law. 

‍

4. Help desk

4.1 In the event that you have questions or otherwise need support in using the Launchpad, you may contact us via E-Mail to support-launchpad@energyweb.org or use https://energyweb.zendesk.com/hc/en-us. All correspondence to or from the help desk shall be in English. 

4.2 We shall make reasonable efforts to respond to help desk requests in a timely manner and within the standard hours of business. 

‍

5. Intellectual property rights

5.1 Unless otherwise indicated by us or provided herein, the Launchpad, all content, and other materials contained therein, including, without limitation, the Launchpad logo, and all designs, text, graphics, pictures, information, data (other than data you and other users submit), software, and files relating to the Launchpad (the “Content”) are the property of Energy Web, or our respective affiliates and licensors, as applicable.
‍

5.2 The Content may not be copied, imitated or used, in whole or in part, without our prior written permission.  

5.3 Although you remain the owner of any data you submit, you grant to Energy Web, including the right to transfer to its affiliates, the non-exclusive rights to reproduce, represent, publish, exhibit, show, market, sub-license, distribute and to technically modify and compress the data you submit as is necessary for the purposes of the operation of the Launchpad. By submitting data, you agree to allow Energy Web in its discretion to use, store, publish, and/or share that data free-of-charge as is necessary for the purposes of the operation of the Launchpad, even after the termination of your right to use the Launchpad, to the maximum extent permitted under applicable law. 

5.4 Please note that due to the nature of the internet and digital media, data transmitted cannot be protected against risks of misappropriation and/or piracy, for which Energy Web shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable. 

‍

6. Disclaimers

6.1 Energy Web will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained within the Launchpad. Energy Web does not represent or warrant that any content is accurate, complete, reliable, current or error-free. 

6.2 Energy Web cannot guarantee the security of any data that you disclose. You acknowledge and accept the inherent security risks of providing information and dealing online over the internet. Energy Web will not be responsible for any breach of security unless it is due to its gross negligence. 

6.3 TO THE FULLEST EXTENT PROVIDED BY LAW, ENERGY WEB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE Launchpad AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

‍

7. Fees; payment terms 

7.1 Energy Web, in collaboration with Zeeve, may elect to charge you fees for your use of the Launchpad. The structure and amounts of these fees will be clearly described on the Launchpad website and may, among other possibilities, be structured as a subscription (e.g., a quarterly fee for use) and/or be transaction-based. 

7.2 The billing cycles for monthly or annual subscription fees, if any, shall be monthly or annual, respectively. Fees incurred in connection with transactions, if any, as well as any fees not related to monthly or annual subscriptions, shall be aggregated and charged on a monthly basis. 

7.3 If any subscription fee structure is in place and you have elected to subscribe for a subscription term (i.e, some period of time), then by default at the end of your subscription term your subscription will automatically renew for another subscription term of equal length. You may disable auto-renewal or cancel your subscription at any time. By canceling your subscription, you will not be charged for the next billing cycle, but you will not receive any refunds or credits for payments that have already been charged; you will retain access to the Platform for the remainder of your current subscription term. 

‍

8. Suspension; termination 

We may suspend or terminate your access to the Launchpad at any time with or without cause and without prior notice. As examples and not a limitation of the foregoing, we may terminate for cause if we determine in our sole discretion or suspect that you have engaged in fraudulent, unethical, or illegal activity in connection with the Launchpad; you have failed to pay any fees required to be paid with due; or you are not compliant with any legal or regulatory requirements. 

‍

9. Liability

9.1 Energy Web cannot be held liable in any way by you for direct damages of any nature whatsoever suffered by anyone as a result of or in connection with the Launchpad, unless arising from Energy Web’s wilful misconduct or gross negligence.  

9.2 Energy Web’s liability for indirect damages, including but not limited to consequential damages, lost profits, lost savings, reduced goodwill, loss due to business interruption, losses as a result of claims from third parties, and damages in connection with the engagement of third parties by you, as a result of or in connection with the Launchpad, is excluded. 

9.3 Energy Web is not liable for any loss arising in the operation of the Launchpad due to Energy Web acting on incorrect or incomplete information provided by you. 

9.4 Energy Web is not liable for any damage or loss, in any form whatsoever, caused to or by the Launchpad as a result of non-compliance with these Terms, such as, in the event of failure to deliver the Energy Web service on time or in full, due to unforeseen circumstances and/or force majeure, or any other agreed. 

9.5 If, for any reason, Energy Web is liable, then its liability to you in any year is limited to an amount equal to the lesser of (a) the total amount of fees collected by Energy Web from you in connection with your use of the Launchpad during that year and (b) fifty thousand euros. 

‍

10. Force Majeure

10.1 Energy Web may, at its discretion, suspend or terminate the Launchpad and any agreement or suspend its execution if, due to circumstances beyond its sphere of influence or of which it was not aware, it temporarily cannot comply with its obligations. Such suspension or termination shall not make Energy Web liable to pay any compensation of damages. 

‍

11. Other

11.1 If Energy Web does not enforce parts of these Terms between Energy Web and you, this cannot be regarded as a waiver of the right to enforce them at a later stage. 

11.2 You cannot transfer the rights and obligations under these Terms and/or any agreement between Energy Web and you to third parties. Energy Web can assign and/or transfer all rights and obligations under these Terms and/or any agreement between Energy Web and you to a third party, without consent from you being required.  

11.3 If any provision of these Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely. 

‍

12. Amendment and Variation 

12.1 These Terms may be updated or amended from time to time. Energy Web will post any such updates to the Launchpad website. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Launchpad website to inform yourself of any such changes. In addition, Energy Web may at any time change, add or remove any feature or functionality of the Launchpad without prior notice. By continuing to use the Launchpad after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Launchpad immediately. 

‍

13. Applicable law and competent court

13.1 These Terms and any agreements between Energy Web and you are exclusively governed by Swiss law without regard to any choice or conflict of law rules. 

13.2 Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Terms and/or an agreement must be submitted solely to the competent ordinary court in Zug, Switzerland. 

‍

14. Queries, remarks, and suggestions 

For any queries, remarks, or suggestions, please contact Energy Web using the contact details below or via the contact form on the interface and/or website. 

‍

Energy Web AG 7 Baarerstr. 10 CH-6300 Zug Email address: support-launchpad@energyweb.org or use https://energyweb.zendesk.com/hc/en-us