Terms of Service

1. Application of these Terms

These Terms apply to visitors to Kavaken's websites and to individuals who access or use the Kavaken product portal or related services.

Kavaken's products and services are intended for business and professional use.

Where a customer has entered into a separate agreement with Kavaken, including a master services agreement, subscription agreement, order form, proposal or statement of work (a "Customer Agreement"), that Customer Agreement will govern the provision and use of the relevant services.

If there is any inconsistency or conflict between these Terms and a Customer Agreement, the Customer Agreement will prevail.

These Terms continue to apply to matters that are not addressed in the applicable Customer Agreement.

2. User Accounts

Certain Kavaken services are available only to authorised users.

Users must:

• provide accurate information;
• keep login credentials confidential and secure;
• not allow unauthorised persons to use their account; and
• promptly notify Kavaken of any suspected unauthorised access.

Users are responsible for activities carried out through their accounts where those activities result from their actions or failure to take reasonable steps to protect their credentials.

3. Permitted Use

Users may access and use Kavaken's services only for legitimate business purposes and in accordance with the permissions granted by Kavaken and the applicable Customer Agreement.

Users must not:

• access the services unlawfully or fraudulently;
• attempt to gain unauthorised access to Kavaken systems or another user's account;
• interfere with the security or operation of the services;
• introduce malicious code;
• bypass access restrictions or security controls;
• reverse engineer, decompile or attempt to derive the source code, algorithms or underlying models of the services, except where permitted by law;
• systematically scrape or extract information from the services except through authorised functionality;
• reproduce, resell or make the services available to unauthorised third parties; or
• use Kavaken's services, outputs or proprietary information to develop or train a competing product or service without Kavaken's written permission.

Kavaken may suspend access where reasonably necessary to address a material security risk, unlawful use or material breach of these Terms.

4. Customer Data and Confidential Information

Customers retain their rights in data and information provided to Kavaken.

Kavaken may process such information as necessary to provide, support, secure and improve the contracted services, subject to the applicable Customer Agreement, data processing agreement and Privacy Policy.

Users must treat confidential information made available through the Kavaken platform as confidential and must not disclose it to unauthorised persons.

Kavaken may use aggregated or de-identified information derived from use of the services to analyse and improve its products and services, provided that such information does not reasonably identify the customer, an individual or a specific customer asset.

5. Artificial Intelligence and Automated Analysis

Kavaken services may include artificial intelligence, machine learning, statistical models, automated analysis and agent-based functionality.

These features may generate alerts, analyses, forecasts, recommendations, explanations, reports or other outputs based on available data.

Such outputs may contain uncertainty, errors or incomplete information and should be considered together with the underlying evidence and appropriate professional judgment.

Unless otherwise agreed in a Customer Agreement, the customer remains responsible for operational, engineering, safety, commercial and regulatory actions taken on the basis of information provided through the services.

Kavaken will not use a customer's confidential operational data to train a third-party general-purpose foundation model for the benefit of unrelated third parties unless separately agreed with the customer.

6. Intellectual Property

Kavaken and its licensors retain all intellectual property rights in the Kavaken platform and services, including its software, algorithms, models, analytical methods, workflows, interfaces, documentation and branding.

No rights in Kavaken intellectual property are transferred to a user except the limited right to access and use the services as authorised by Kavaken.

Ownership and permitted use of customer-specific reports, analyses or other deliverables will be governed by the applicable Customer Agreement.

7. Website Information

Information on Kavaken's website is provided for general information purposes.

Case studies, performance improvements, energy gains, financial impacts and other results may relate to specific customers, assets, periods or operating circumstances and should not be regarded as guarantees of future performance.

8. Privacy and Security

Personal data is processed in accordance with Kavaken's Privacy Policy at kavaken.com/privacy.

Where Kavaken processes personal data on behalf of a customer, the applicable data processing agreement will govern that processing.

Users must take reasonable precautions to maintain the security of their accounts and notify Kavaken promptly of suspected security incidents.

9. Changes and Availability

Kavaken may update or modify its websites and services from time to time.

Access may occasionally be restricted for maintenance, upgrades, security reasons or circumstances outside Kavaken's reasonable control.

Any specific service levels, support commitments or availability guarantees will be governed by the applicable Customer Agreement.

10. Liability

Where a Customer Agreement applies, the liability provisions in that Customer Agreement will govern.

Where no Customer Agreement applies, nothing in these Terms excludes liability that cannot lawfully be excluded.

To the maximum extent permitted by law, Kavaken will not be liable for indirect or consequential losses arising solely from access to or use of the website or any services provided without a separate Customer Agreement.

11. Termination and Suspension

Kavaken may suspend or terminate access to its services where:

• access is no longer authorised by the relevant customer;
• the applicable Customer Agreement expires or terminates;
• a user materially breaches these Terms;
• continued access creates a material security or legal risk; or
• Kavaken is required to do so by law.

12. Changes to these Terms

Kavaken may update these Terms from time to time.

The latest version will be published on Kavaken's website together with the date of the most recent update.

Material changes affecting registered users may also be communicated through the product portal, email or another appropriate channel.

13. Governing Law

These Terms are governed by the laws of England and Wales.

The courts of England and Wales will have exclusive jurisdiction over disputes arising from these Terms, unless an applicable Customer Agreement provides otherwise.

14. Contact

Questions about these Terms can be sent to:

Kavaken Limited
TUSPark Eagle Labs
27 Grainger Street
Newcastle, NE1 5JE England

contact@kavaken.com