Terms of Service
Our set of guidelines for the use of our services
Last update 14.01.2019
- 1.1. GRTgaz Deutschland GmbH, Zimmerstr. 56, 10117 Berlin, Germany, registered with the commercial register of the local court of Charlottenburg no. HRB 135502 B (‘Appygas’ or ‘appygas’), provides an information service regarding European gas transmission market data on www.appygas.com (‘Platform’). Subject to their registration status (see sections 2-4), users of the Platform (the ‘Users’) can access certain or all features of the Platform.
- 1.2. The offerings are directed at Business Customers, but not to Consumers (both as defined below), but in each case only to end users. For the purpose of these Terms of Service (‘Terms’), (i) a ‘Consumer’ is any individual entering into the contract for a purpose not related to their business, trade or self-employed professional activity (sec. 13 of the German Civil Code (‘BGB’)), and (ii) a ‘Business Customer’ a costumer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of their business or their self-employed professional activity (sec. 14 (1) BGB).
- 1.3. These Terms apply to all business relations between appygas and the User. Standard business conditions of the User do not apply, regardless of whether or not appygas expressly object to them in a particular case.
SERVICES RENDERED AND DATA PROVIDED ON THE PLATFORM
5. Main Modules and Main Functionalities provided on the Platform
- The services rendered and the functionalities and data provided on the Platform are categorized as follows:
- 5.1. Homepage / ‘Flows Map’ Module:
The appygas ‘Flows Map’ module displays a European map showing gas flows for a selected time period for interconnection points on a virtual level between two market areas, virtual storages, production points and LNG terminals. A ‘Usage’ mode allows a visualization of usage rates for each point as well as filling levels for storage facilities and terminals. By clicking on a market area, Premium User and Trial User can access a detailed view with more information (if available), such as consumption, network imbalance and spot prices on the market area level. From this view, Premium User and Trial User can access a further level of information providing more data such as nominations, technical and available capacities.
- 5.2. ‘Availability’ Module:
- 5.3. ‘Route Calculator’ Module:
- 5.4. ‘Trades’ Module:
Appygas merely serves as a means of communication for market participants. Any transaction, such as an assignment or transfer of use, will be performed via secondary market platforms such as Prisma. Appygas reserves the right to refuse publication of offers without giving reason, in particular if doubts occur concerning the User’s power of representation of their company.
Where messages are being forwarded to recipients (in particular in case of anonymous publications), appygas will not take note of their contents or review them. By forwarding messages, appygas does not enter into any contractual, pre-contractual, or quasi-contractual special relationship with the sender or the recipient concerning the transaction.
6. General Use
- 6.1. Use of the Platform is strictly limited to its destined functions. Any inappropriate or illegal use, manipulation, or amendments of the Platform is prohibited. It is particularly, but not exclusively, forbidden to use the Platform
to carry out or to support anticompetitive practices, including advertisement for other information services or utilities in general;
to copy or to read out contents like offers, tables, or data sets for commercial uses, except for the proper use according to these Terms;
to use pornographic, insulting, offensive, sexist, racist, threatening, youth protection law infringing, or other illegal or immoral contents or to advertise, offer, or sell such products;
to use malware;
to distribute contents that affect or infringe the rights of third parties or that are covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;
to influence the availability of the Platform or the services provided by appygas in a negative way for other Users, including the interception of messages, the transmission of junk mail and/or false information or data, and the transmission of messages for own commercial purposes;
to use temporary e-mail addresses;
to provide false names, addresses, telephone numbers, facsimile numbers, e-mail addresses, member names, or other data of messenger services;
to resale or forward any contents, including details of other members provided in the ‘Trades’ module, to third parties.
- 6.2. If a User violates these Terms, appygas may restrict, block, and/or delete the respective account. When choosing between said measures, appygas will consider the relevance of the inappropriate use, the legitimate interest of the User, and the degree of responsibility of the User. During the analysis of the circumstances, appygas may temporarily block an account, delete single and/or all licenses of the respective User, warn the User, or restrict their use of the Platform.
- 6.3. Use of the Platform is subject to the current state of technology. Appygas may limit its services due to capacity limits, requirements of the security or integrity of the server or the performance of technical features or if the limitation serves the proper or improved provision of services. Appygas services may therefore be temporarily or partially interrupted.
7. Content from Users
- Users may provide their own content, e.g. ratings. By submitting their own content, User grants appygas all rights of use regarding the handling and publishing of that content. This also applies to partial handling and publishing. The rights of use are unrestricted in time, range, and content.
9. Rights of third parties
Some contents of the Platform may be protected under data privacy law, copyright law, or trademark law. Contents shall not be copied, promoted, reproduced, forwarded, resold or otherwise be used without permission of the respective owner of rights except for the use of the Platform according to these Terms. This applies in particular to the use of robots, crawlers, or other automatic techniques.
- 10.1. Trial User and Free User may terminate their account at any time. Premium User may terminate their contract without giving reason with a notice period of one month to the end of the twelve-months-period beginning with the Commencement Date, or of any of the consecutive twelve-months-periods following thereafter. Termination shall be declared explicitly by email to firstname.lastname@example.org or by letter to the address of appygas as indicated above under section 1.
10.2. Appygas may terminate a membership of a Registered User without giving reason with a notice period of one month to the end of the twelve months period beginning with the Commencement Date. Termination shall be declared explicitly by e-mail to the respective Registered User’s email address or by letter to the respective Registered User’s mail address.
10.3. The right of termination for cause and without notice remains unaffected. A termination for cause shall be given in any case of a violation of the duties under these Terms.
LIABILITY AND FINAL PROVISIONS
11. Liability of appygas
- 11.1. Appygas does not assume any liability with regard to the accuracy, completeness, correctness and timeliness of the information provided on the Platform; it shall not b held liable for any safety compromise or other impairment of the proper functioning of the Platform, nor for any such compromise or impairment of User’s computer systems. Appygas does not guarantee that the information is provided without interruptions and with full availability on the Platform. Appygas does not guarantee error-free or uninterrupted service, nor that any defects will be corrected or that the use of the Platform will provide specific results intended by the User.
- 11.2. Appygas operates and maintains the Platform using state of the art technology and diligently selected third party providers. However, appygas does not accept any warranty with regard to the fact that the respective information, which is updated on a daily basis, is transmitted or provided at a certain time. Under certain conditions, the Platform might be irresponsive or there might be delays in the transmission of the information (both ‘Downtime’). Appygas is determined to minimize Downtime but is not liable for delays or transmissions and/or reception failures or with regard to Downtime and losses resulting from it.
- 11.3. The data and notifications contained on the Platform are only intended as information and do not form investment counselling. None of the information contains an offer for the sale or advertisement regarding offers for the purchase of products traded on the exchanges, regardless of whether such are products on the spot market or on the derivatives market.
- 11.4. The liability of appygas hereunder shall be limited to the total of all fees which are generated during the twelve (12) months preceding the first written notification of a case of damage issued to appygas.
- 11.5. Appygas does not assume any liability for defect transmission or default transmission due to lacking technical preconditions of the User.
- 11.6. These limitations do not apply in case of injury to life, body or health or in case of intent or gross negligence.
- 11.7. The limitations of liability and the releases as set out in sections 1 to 11.6 shall extend to the European Energy Exchange AG, Augustplatz 9, 04109 Leipzig (‘EEX’) as far as information and data provided on the Platform have been provided to appygas by EEX and the User expressly accepts these limitations and grants these releases to EEX.
- 11.8. The User understands that appygas is not creating or researching the information and data as provided on the Platform, but merely compiles data from various other sources. If data (in particular, but not exclusively price data) are quoted incorrectly on the Platform due to technical faults, the User releases appygas from any and all claims, known or unknown and regardless of the legal basis (including contractual, quasi-contractual and/or tort). Appygas accepts such release.
- 11.9. Limitations of liability of Appygas also apply to the personal liability of its employees, representatives and agents.
12. Liability of the User
- 12.1. The User relieves appygas of all claims third parties enforce against appygas if the User is responsible for the reason of the claim, e.g. because they have provided their own contents. In such cases, the User also bears the necessary legal costs for the defence, including lawyer and court fees.
- 12.2. In cases of an enforcement of claims by third parties as referred to in sec. 12.1, the User will provide appygas with all information necessary for the examination of the claim and for the defence against it. The User provides the information immediately, truthfully, and completely.
13. Final provisions
- 13.1. Ineffectiveness of individual provisions of these Terms does not affect the validity of these Terms as a whole. Within just and reasonable bounds and according to good faith, appygas and the respective User shall replace the ineffective definition by a permissible regulation identical in economic success, provided that no essential change of the contents is caused by that replacement.
- 13.2. Appygas will inform Users if any changes to these Terms should become necessary and will offer them the continuation of the use relationship at the changed conditions. These changes will become legally binding if User logs on to the Platform after the 30th day following the notification on the changes.
- 13.3. The Platform may contain links to other independent third-party websites (‘Links’). Links are provided solely as a convenience to the User and not subject to any control of appygas. Appygas is not responsible for the content of Links, including any information or materials contained therein. User are required to use their own judgment and discretion regarding the use and content of Links.
- 13.4. German law shall apply. UN Purchase Law and the collision regulations of German international private law shall not apply. Legal venue is the seat of appygas.
USE OF THE PLATFORM AND PRICING
2. Use as a Not-Registered User
3. Use as a Registered User, Registration Process and Free Trial Period
- 3.1. Certain services, information and data on the Platform are only accessible to Users who have created an account at the Platform (‘Registered User’). Users in their Free Trial Period, Free Users and Premium Users (see below) are all considered Registered Users.
- 3.2. An Unregistered User may start a double opt-in registration process to register by providing certain data (such as User name and company name) and a password in the registration form provided on the website. Registration is free of charge.
- 3.3. The User shall enter all data required during the registration process truthfully and completely.
- 3.4. Upon completion of the registration and subject to appygas’ approval, the User enters into a usage agreement with appygas. Appygas may refuse a registration without giving reason. Appygas may later restrict, block, or delete User's account if the information provided during the registration process is false. When choosing between said measures, appygas will consider the relevance of the false information, the legitimate interests of the User and the degree of their responsibility. If User's data change during their membership, they shall adjust their User profile immediately.
- 3.5. With completion of the double opt-in registration process, the User enters into a free trial period as Registered User (‘Free Trial Period’ / ‘Trial User’). They can now access the previously locked services of the Platform using their individual login credentials. The Free Trial Period lasts 14 days but can be extended by Appygas.
- 3.6. Registered User shall keep the login credentials confidential and prevent any unauthorized use by third parties. Registered User shall inform appygas immediately of indications that their account is being misused by a third party.
- 3.7. Each User may register only once. In cases of repetitive registrations or multiple accounts, appygas may remove all accounts except the oldest one.
- 3.8. Appygas may delete an account if attempts to contact and receive a response from the respective User via the provided e-mail address fail.
4. Free and Premium Users
- 4.1. After expiry of their Free Trial Period, Registered User loses access to certain services and functionality of the Platform but can continue using the Platform with limited functionality (‘Free User’). Appygas may change the scope of functionality provided to Free Users at any time.
- 4.2. To continue using the Platform with complete functionality as provided at the time of registration (‘Premium User’), User can request the conclusion of an agreement with said objective using one of the different contact means provided by appygas for that purpose. Appygas may refuse the conclusion of an agreement without reason or accept the offer of the User to use the services rendered by the Platform by sending the User a confirmation email, which also states the commencement date of the use of the Platform as Premium User (‘Commencement Date’). The agreement grants User the use of the Platform as Premium User and appygas the payment of the according annual fee by User for one year, or longer if the agreement is not terminated in time as specified in sec. 10.
- 4.3. Features added to the Platform after registration of a given Registered User will not be automatically included in the scope of functionality available to said Registered User; appygas may, however, increase the scope of functionality provided to a given Premium User accordingly at any time, either permanently or temporarily, either free of charge or for a fee negotiated with Premium User.
- 4.4. Appygas also offers subscriptions for companies seeking multiple licenses. Appygas may issue multiple licenses at a discount without prejudice to its general pricing policy.
- 4.5. Users are not permitted to manually or automatically (e.g. using crawlers) download contents from the Platform unless specified otherwise (e.g. by the provision of a download button as a functionality feature).
4.6. The licence fee for Premium Users is calculated on a yearly basis, beginning with the Commencement Date.
4.7. Appygas will invoice Premium Users on a yearly basis. Invoices become due five (5) days after receipt of the respective invoice, except when the invoice states a different due date.