Terms of Service

Agreement to terms

These Terms of Service ("Terms") govern your access to and use of the OpenTurbine website and services. By accessing the site or using the services you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind it. A separate signed order or master agreement, where one exists, controls over these Terms to the extent of any conflict.

The services

OpenTurbine provides analysis of wind farm operational data: per-turbine performance modeling, fault detection, and the findings derived from them, together with related documentation and support. We may update or improve the services over time, including the models themselves.

Accounts

You are responsible for safeguarding your account credentials and for activity under your account. Notify us promptly of any unauthorized use.

Acceptable use

You agree not to misuse the services: no unlawful activity, no infringement of others' rights, no attempts to breach security or disrupt the services, and no reverse engineering except to the extent the law permits. You will comply with applicable export and sanctions laws.

Your data and our findings

You retain all rights in the operational data you provide. You grant us the rights necessary to process it in order to deliver the services to you, and nothing more. Findings we produce from your data are provided for your use in operating and maintaining your assets.

You are responsible for the accuracy of the data you provide and for the operational decisions you take. Findings are analytical output based on the data available, not a warranty of asset condition, and they do not replace inspection or the judgment of a qualified engineer.

Intellectual property

OpenTurbine and its licensors own the services, software, models, and all related intellectual property, including improvements to the models themselves. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the services and the findings we deliver. Feedback you provide may be used by us without restriction.

Disclaimers

Except as expressly stated in a signed agreement, the services are provided "as is" without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, and each party's aggregate liability is limited as set out in the applicable signed agreement, or where none exists, to the amounts paid for the services in the twelve months preceding the claim.

Term and termination

These Terms apply while you use the services. We may suspend or terminate access for material breach. Provisions that by their nature should survive termination will survive.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, and the parties submit to the state and federal courts located in Delaware, unless a signed agreement states otherwise.

Changes and contact

We may update these Terms and will revise the date above when we do. Continued use after changes means you accept them. Questions: [email protected].