Your privacy is important to us. It is our policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including via our app, Backup Energy Simulator, and its associated services.
Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use an app or online service.
In the event our app contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our app.
This policy is effective as of August 10, 2026
Last updated: August 11, 2026
Information we collect falls into one of two categories: "voluntarily provided" information and "automatically collected" information.
"Voluntarily provided" information refers to any information you knowingly and actively provide us when using our app and its associated services.
"Automatically collected" information refers to any information automatically sent by your device in the course of accessing our app and its associated services.
We may ask for personal information - for example, when you submit content to us, when you register an account or when you contact us — which may include one or more of the following:
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
We may collect personal information from you when you do any of the following on our app:
We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, If you consent to us accessing your social media profiles, we may combine information sourced from those profiles with information received from you directly to provide you with an enhanced experience of our app and services.
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure and no one can guarantee absolute data security.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.
We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
We do not aim any of our products or services directly at children under the age of 13 and we do not knowingly collect personal information about children under 13.
We may disclose personal information to:
Third parties we currently use include:
Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our app or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example serving particular content to your device), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.
Our privacy policy covers the use of cookies between your device and our servers. A cookie is a small piece of data that an app may store on your device, typically containing a unique identifier that allows the app servers to recognise your device when you use the app; information about your account, session and/or device; additional data that serves the purpose of the cookie; and any self- maintenance information about the cookie itself.
We use cookies to give your device access to core features of our app, to track app usage and performance on your device, to tailor your experience of our app based on your preferences, and to serve advertising to your device. Any communication of cookie data between your device and our servers occurs within a secure environment.
Please refer to our Cookie Policy for more information.
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
Our app may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy. If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.
The following section includes provisions that comply with the privacy laws of these states (California, Colorado, Delaware, Florida, Virginia, and Utah) and is applicable only to the residents of those states. Specific references to a particular state (in a heading or in the text) are only a reference to that state's law and applies only to that state's residents. Non-state specific language applies to all of the states listed above.
Some browsers have a "Do Not Track" feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser "Do Not Track" signals.
We adhere to the standards outlined in this privacy policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.
At all times, you may decline cookies from our site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this privacy policy for more information.
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes. In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the California Consumer Privacy Act, and the California Privacy Rights Act (collectively, CCPA) that can result in different prices, rates, or quality levels for the goods or services we provide. Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes. To make such a request, please contact us using the details provided in this privacy policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organisations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.
In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:
For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.
You have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
To exercise any of these rights, please contact us using the details provided in this privacy policy.
In addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by applicable statute with third parties and affiliates for their own direct marketing purposes.
To receive this information, send us a request using the contact details provided in this privacy policy. Requests must include “Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.
The GDPR distinguishes between organizations that process personal information for their own purposes (known as "data controllers") and organizations that process personal information on behalf of other organizations (known as "data processors"). We, Backup Energy Simulator, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.
We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.
Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:
Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. When you contact us, you may consent to your name and email address being used so we can respond to your enquiry. While you may request that we delete your contact details at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details in order to respond.
Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Restrict: You have the right to request that we restrict the processing of your personal information if:
Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.
Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 14 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.
Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.
In accordance with PIPEDA, we broaden our definition of personal information to include any information about an individual, such as financial information, information about your appearance, your views and opinion (such as those expressed online or through a survey), opinions held about you by others, and any personal correspondences you may have with us. While this information may not directly identify you, be aware that it may be combined with other information to do so.
As PIPEDA refers to personal information using the term Personally Identifying Information (PII), any references to personal information and PII in this privacy policy, and in official communications from Backup Energy Simulator, are intended as equivalent to one another in every way, shape and form.
Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. When you contact us, we assume your consent based on your positive action of contact, therefore you consent to your name and email address being used so we can respond to your enquiry. Under PIPEDA, consent is only valid if it is reasonable to expect that an individual to whom the organization's activities are directed would understand the nature, purpose, and consequences of the collection, use, or disclosure of the personal information to which they are consenting.
Where you agree to receive marketing communications from us, we will do so based solely on your indication of consent or until you instruct us not to, which you can do at any time.
While you may request that we delete your contact details at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
While Backup Energy Simulator endeavors to keep, store and handle customer data within locations in Canada, it may use agents or service providers located in the United States (U.S.), European Economic Area (EEA) or United Kingdom (UK) to collect, use, retain and process personal information as part of providing services to you. While we use all reasonable efforts to ensure that personal information receives the same level of security in any other jurisdiction as it would in Canada, please be aware that privacy protections under U.S. laws may not be the same adequacy.
Although PIPEDA does not contain an extensive set of consumer rights, it does grant consumers the right to:
Where you give us consent to collect and use your personal information for a specific purpose. Subject to some restrictions, you can, at any time, refuse to consent, or continue to consent to the collection, use or disclosure of their personal information by notifying us using the email address below in the "Contact Us" section. Withdrawal of consent may impact our ability to provide or continue to provide services.
Customers cannot refuse collection, use and disclosure of their personal information if such information is required to:
While you may request that we delete your contact details at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
PIPEDA gives you a general right to access the PII held by businesses subject to this law. Under PIPEDA, you need to make your access request in writing and pay a minimal fee of $30.00.
If any organizational fees seem unjust, you have the right to complain about this. We retain the right to decide how we disclose the copies of your PII to you. We will take all necessary measures to fulfill your request in 30 days from receipt, otherwise we must inform you of our inability to do so before the 30-day timeframe if:
You may request a correction to any factual errors or omissions within your PII. We would ask you to provide some evidence to back up your claim. Under PIPEDA, an organization must amend the information, as required, if you successfully demonstrate that it's incomplete or inaccurate.
You may contact us at any time, using the information provided in the Contact Us section of this privacy policy if you believe your PII on our systems is incorrect or incomplete.
If we cannot agree on changing the information, you have the right to have your concerns recorded with the Office of the Privacy Commission of Canada.
This privacy policy complies with the PIPEDA's requirements and ten principles of privacy, which are as follows:
1. Accountability. Backup Energy Simulator is responsible for the PII under its control and will designate one or more persons to
2. Identifying purposes. Backup Energy Simulator identifies the purposes for which personal information is collected at or before
3. Consent. Consent is required for Backup Energy Simulator's collection, use or disclosure of personal information, except where
4. Limiting collection. Personal information collected will be limited to that which is necessary for the purposes identified by
5. Limiting use, disclosure and retention. We will not use or disclose personal information for purposes other than those for
6. Accuracy. Personal information will be maintained by Backup Energy Simulator in an accurate, complete and up-to-date format as
7. Safeguards. We will protect personal information with security safeguards appropriate to the sensitivity of such information. 8. Openness. We will make our policies and practices relating to the collection and management of personal information readily
9. Customer access. We will inform customers of the existence, use and disclosure of their personal information and will provide
10. Challenging compliance. Customers are welcome to direct any questions or inquiries concerning our compliance with this
Our email interactions with our customers are compliant with Canadian Anti-Spam Legislation. The Company does not send unsolicited email to persons with whom we have no relationship. We will not sell personal information, such as email addresses, to unrelated third-parties. On occasion, your personal information may be provided to our third-party partners to administer the products and services you request from us.
When you leave our website by linking to another website, you are subject to the privacy and security policies of the new website. We encourage you to read the privacy policies of all websites you visit, especially if you share any personal information with them.
To enquire about Backup Energy Simulator's privacy policy, or to report violations of user privacy, you may contact us using the details in the Contact us section of this privacy policy.
If we fail to resolve your concern to your satisfaction, you may also contact the Office of the Privacy Commissioner of Canada:
30 Victoria Street
Gatineau, QC K1A 1H3
Toll Free: 1.800.282.1376
www.priv.gc.ca
The GDPR distinguishes between organizations that process personal information for their own purposes (known as "data controllers") and organizations that process personal information on behalf of other organizations (known as "data processors"). We, Backup Energy Simulator, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.
We may indirectly collect personal information about you from third-parties who have your permission to share it. For example, if you purchase a product or service from a business working with us, and give your permission for us to use your details in order to complete the transaction.
We may also collect publicly available information about you, such as from any social media and messaging platforms you may use. The availability of this information will depend on both the privacy policies and your own privacy settings on such platforms.
In addition to the aforementioned purposes warranting the collection and use of personal information, we may also conduct marketing and market research activities, including how visitors use our site, website improvement opportunities and user experience.
If your personal information is no longer required for our stated purposes, or if you instruct us under your Data Subject Rights, we will delete it or make it anonymous by removing all details that identify you ("Anonymisation"). However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
Data Protection and Privacy Laws permit us to collect and use your personal data on a limited number of grounds.. In which case, we will collect and use your personal information lawfully, fairly and in a transparent manner. We never directly market to any person(s) under 18 years of age.
Our lawful bases depend on the services you use and how you use them. This is a non-exhaustive list of the lawful bases we use:
Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. When you contact us, we assume your consent based on your positive action of contact, therefore you consent to your name and email address being used so we can respond to your enquiry.
Where you agree to receive marketing communications from us, we will do so based solely on your indication of consent or until you instruct us not to, which you can do at any time.
While you may request that we delete your contact details at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details in order to respond.
Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. For example, we are required to keep financial records for a period of 7 years. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
The personal information we collect is stored and/or processed in the United Kingdom by us. Following an adequacy decision by the EU Commission, the UK has been granted an essentially equivalent level of protection to that guaranteed under UK GDPR.
On some occasions, where we share your data with third parties, they may be based outside of the UK, or the European Economic Area ("EEA"). These countries to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information.
If we transfer your personal information to third parties in other countries:
Right to Restrict Processing: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
Right to Object: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
Right to be Informed: You have the right to be informed with how your data is collected, processed, shared and stored.
Right of Access: You may request a copy of the personal information that we hold about you at any time by submitting a Data Subject Access Request (DSAR). The statutory deadline for fulfilling a DSAR request is 30 calendar days from our receipt of your request.
Right to Erasure: In certain circumstances, you can ask for your personal data to be erased from the records held by organizations. However this is a qualified right; it is not absolute, and may only apply in certain circumstances.
When may the right to erasure apply?
Right to Portability: Individuals have the right to get some of their personal data from an organisation in a way that is accessible and machine-readable, for example as a csv file. Associated with this, individuals also have the right to ask an organisation to transfer their personal data to another organisation.
However, the right to portability:
Right to Rectification: If personal data is inaccurate, out of date, or incomplete, individuals have the right to correct, update or complete that data. Collectively this is referred to as the right to rectification. Rectification may involve filling the gaps i.e. to have to have incomplete personal data completed - although this will depend on the purposes for the processing. This may involve adding a supplementary statement to the incomplete data to highlight any inaccuracy or claim thereof.
This right only applies to an individual's own personal data; a person cannot seek the rectification of another person's information.
Notification of data breaches: Upon discovery of a data breach, we will investigate the incident and report it to the UK's data protection regulator and yourself, if we deem it appropriate to do so.
Complaints: You have the right, at any time, to lodge a complaint with the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance using the details below. Please provide us with as much information as you can about the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
To enquire about Backup Energy Simulator's privacy policy, or to report violations of user privacy, you may contact our Data Protection Officer using the details in the Contact us section of this privacy policy.
If we fail to resolve your concern to your satisfaction, you may also contact the Information Commissioner's Office (ICO), the UK Data Protection regulator:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate)
Website: www.ico.org.uk
For any questions or concerns regarding your privacy, you may contact us using the following details:
Harm Poelen
Last updated on August 11, 2026.
We're Private Entrepreneur Poelen Harmen Ivo ("we", "us", or "our"), trading as Backup Energy Simulator, a company registered in Ukraine, and these Terms and Conditions of Sale (our "Terms") form a legally binding agreement between you and us.
Backup Energy Simulator (backupenergysimulator.com) is operated by Private Entrepreneur Poelen Harm Ivo, registered in Ukraine. We provide a browser-based software service that helps homeowners and small businesses plan and evaluate backup electricity systems. Users enter their own assumptions — electricity consumption split into critical and regular loads, battery capacity, inverters, solar yield, generator specifications and fuel consumption, grid tariffs and expected power-outage patterns — and the service simulates the resulting behavior hour by hour across a chosen number of days. It shows battery charge levels, which source supplies the property at each moment, expected periods without power, energy costs, savings and energy mix; it allows several scenarios to be compared side by side; and it can export the results as PDF, Excel or XML reports. Paid plans additionally allow saved configuration templates and optional AI-assisted scenario building and analysis. The service is delivered entirely online through a web browser. There is no physical product, shipment or installation. Accounts are available free of charge with limited functionality and as paid plans billed in advance per year). The service is a planning and visualization aid only. All results are estimates derived from assumptions supplied by the user. We do not provide engineering, electrical, safety, financial or investment advice; we do not sell, install, monitor or service equipment; and the service is not connected to any real installation. Users are expected to have any system design verified by qualified professionals before purchasing or building it.
"Services" means all products and services provided by us that link to these Terms, including our website; our application ("Backup Energy Simulator", our "App" or "Application"); the content provided, generated, or made available for or in relation to our Services (our "Materials"); and any products or services connected to or relying on Third-Party Services.
"You" ("your", the "customer", or the "user") means any individual using our Services, including any employees, agents, contractors, or other persons accessing our Services through your account ("Account") or with your authorization.
"Using our Services" means interacting with our Services in any way, including: creating an Account, making payments accessing, browsing, providing or transmitting any other information, content, materials, or instructions through our Services, integrating with our Services, or doing so directly or through automated tools, scripts, software, or third-party applications.
By using our Services, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced and expressly incorporated within, and you consent to electronic communications and contracting as permitted under applicable laws. If you do not agree, you may not use our Services.
Our Services are intended for users aged 18 or older, or above the age of majority in their jurisdiction, whichever is higher. Persons below this age may not use our Services. If we become aware that a user is below the required age, we may suspend or terminate their access to our Services immediately and without liability.
By using our Services, you acknowledge and agree that:
If you do not meet these requirements, you must not use our Services.
By using our Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
Failure to comply with these limitations may result in the suspension or termination of your access and rights to our Services, as well as any other legal remedies available to us.
We reserve the right to amend, remove, or vary these Terms at any time. Non-material changes may be effective immediately. For material changes, we may require you to re-accept the Terms to continue using our Services. We will provide you with reasonable notice as legally required, by any reasonable means, and such changes will become effective after the notice period. Changes required by applicable law or emergency may take effect immediately regardless of materiality.
Your continued access to or use of our Services after the effective date of any modifications constitutes your acknowledgment of and agreement to be bound by the revised Terms.
Every clause in these Terms applies in full, except where a mandatory provision of applicable law requires otherwise. Nothing in these Terms limits, excludes, or modifies any mandatory rights, protections, or remedies you may have under the laws that apply to you.
Where statutory conditions are met, you have the right to change your mind about a purchase within the withdrawal period specified below. For consumers in the European Union and European Economic Area, this is known as the "Right of Withdrawal" under EU consumer protection law. For consumers in the United Kingdom, this is known as the "Right to Cancel" under UK consumer law.
Our withdrawal period, how it is calculated, and the procedure for exercising your Right of Withdrawal are explained below.
The Right of Withdrawal applies exclusively to natural persons who act as consumers for purposes outside their trade, business, craft, or profession, and have their habitual residence in a Member State of the European Union or the European Economic Area or the United Kingdom, and enter into a contract with us at a distance (including online).
This right does not apply to persons acting in a professional or commercial capacity, or to consumers residing outside the EU/EEA/UK.
The Right of Withdrawal does not apply to contracts for:
You may withdraw from the contract within 7 days from the day the contract is entered into.
You must inform us of your intention to withdraw by an unequivocal statement. You can do this by contacting us via the details at the base of these Terms, or by making an unequivocal statement in any other suitable way. If the withdrawal period expires on a non- working day, your deadline is extended until the next working day.
Where your purchase includes digital content not supplied on a tangible medium, or services that begin before the withdrawal period ends, we will ask for your express consent to begin performance and your acknowledgment that you will lose your Right of Withdrawal. This consent will be obtained before performance begins and confirmed to you on a durable medium.
If you request that we begin providing the services before the 7-day withdrawal period ends, and you later cancel within that period, you must pay for the services provided up to the date of cancelation. This amount will be calculated proportionally based on the total agreed price.
If the services are fully performed within the withdrawal period, and you have expressly requested early performance and acknowledged that you will lose your Right of Withdrawal once the services are fully delivered, the Right of Withdrawal will no longer apply.
If you exercise your Right of Withdrawal, we will reimburse all payments received from you, less any amount proportionate to the Services already provided up to the point you informed us of your withdrawal. We will process this refund without undue delay and in any event within 14 days from the day we are informed of your decision to withdraw. Refunds will be made using the same payment method you used unless you expressly agree otherwise.
If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement. Where permitted by section 64A of the Australian Consumer Law, our liability for failure to comply with a non-excludable consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
You may need to create an Account to access all or part of our Services. Your username and password are for your personal use, and you must ensure that your Account information is accurate. If you believe your Account information requires updating, or if you experience problems accessing your Account, contact us.
From time to time, we may need to access your Account to provide or support our Services, to investigate potential violations of these Terms, to respond to legal requests, or to protect the security and integrity of our Services.
We may offer the option to register, log in, or connect your Account to Third-Party Services using Single Sign-On (SSO). When you use this feature, you acknowledge that you are using a Third-Party Service, and you grant us permission to access and process information from your Third-Party Service profile as permitted by that service and your privacy settings. You may revoke access to any Third-Party Service at any time through your Account settings or the Third-Party Service's platform.
Although we make commercially reasonable efforts to keep our Services secure, you are solely responsible for maintaining the security of your Account and any password(s) used to access it. You agree to: (a) use strong, unique passwords; (b) not share or disclose your password or access credentials to any third party; (c) implement additional security measures we may offer, such as two-factor authentication, if available; and (d) notify us immediately if you suspect any unauthorized access to your Account or other security breach, take all necessary steps to terminate the unauthorized use, and provide us with your full cooperation and assistance to terminate, rectify, and prevent further unauthorized use. We reserve the right to require you to change your password or implement additional security measures if we believe your Account security may be compromised.
We are not liable for any loss, damage, or consequences arising from: (a) your failure to comply with these security obligations; (b) unauthorized access to your Account; or (c) any actions taken through your Account, whether or not authorized by you.
Nothing in this section excludes or limits our liability where unauthorized access to your Account results from our own negligence or breach of our security obligations under applicable law.
If you wish to delete your Account, you can do so at any time through your Account settings, or by reaching out to our support team.
Before we can complete your account deletion, you will need to settle all outstanding payment obligations to us. Once the account deletion process is complete, we will send you a confirmation email.
Outstanding payment obligations do not affect your right to request the deletion of your personal data under applicable data protection law. However, we may retain personal data that is necessary to comply with legal obligations, to pursue outstanding payments, or to establish, exercise, or defend legal claims. All other personal data will be deleted as required by law.
We reserve the right, at our sole discretion and without liability, to the maximum extent permitted by applicable law, to suspend, terminate, or delete your Account, restrict access to our Services, or take any other appropriate measure with immediate effect for reasons including but not limited to:
Where the issue is capable of being remedied and immediate action is not reasonably necessary, we will give you prior notice and a reasonable opportunity to remedy it before we suspend or terminate. We may act immediately and without prior notice where we reasonably consider it necessary, including in cases of fraud, security risk, unlawful activity, legal or regulatory requirements, or repeated failure to remedy.
Upon suspension or termination, any license rights granted to you under these Terms will terminate immediately, all outstanding payments due to us shall become immediately due and payable, and we may delete your data in accordance with our Privacy Policy. We may, at our sole discretion, apply any credits, prepayments, or other amounts owed to you toward fulfillment of such payments. Before we permanently delete your data, we will provide you with a reasonable opportunity (no less than 30 days from notification) to export or retrieve your data, unless deletion is required immediately for legal, security, or fraud prevention reasons.
You may appeal our decision by contacting us. All appeals are subject to our review and may not be available in all circumstances.
Unless stated otherwise, all prices displayed on our Services are in United States Dollars (USD) and are exclusive of sales tax where applicable.
The total price displayed at checkout before you confirm your purchase represents the full amount payable to us, including any applicable charges that we are required to collect.
If we discover an obvious pricing error before processing your payment, we reserve the right to correct the error and inform you of the correct price. In such cases, you will have the option to proceed at the correct price or cancel.
If you qualify for tax-exempt status, you must provide valid documentation for verification. We may reject documentation that cannot be verified, and any unapproved purchase will be subject to applicable taxes.
We reserve the right to adjust taxes or fees to comply with legal changes, with notice where required.
Our website accepts payments using:
Depending on the payment method you choose, additional costs and conditions may apply. We reserve the right to modify available payment methods with appropriate notice.
If you choose a payment method that involves additional fees, such as currency conversion or installment fees charged by your bank or payment provider, those fees will be clearly indicated before payment confirmation where known to us. We do not impose hidden surcharges.
Payments are securely processed by licensed third-party payment providers:
By providing payment information, you authorize the relevant payment provider to store and process it; you authorize us to charge your selected payment method for the total amount displayed at checkout, any applicable recurring fees or subscriptions, and any additional amounts expressly agreed by you; and you confirm that you are authorized to use the selected payment method and that the billing information provided is accurate and up to date.
Depending on the service provided, the payment provider may act as an independent data controller for fraud prevention and regulatory compliance purposes. Further information on how your personal data is processed is available in our Privacy Policy.
Although payments are processed by third parties, we remain responsible for fulfilling our contractual obligations to you. For billing inquiries, please contact us using the contact details at the base of these Terms. For technical payment processing issues, you may also contact the relevant payment provider.
You must promptly inform us if your payment method is canceled, your payment details change, or you become aware of unauthorized use.
If we are notified that a payment method has been compromised or used without authorization, we will suspend further charges to that payment method pending clarification.
We reserve the right to suspend or terminate access to our Services if payment is not successfully completed, in accordance with the Account Suspension and Termination section.
If we identify a clear technical or administrative billing error, we reserve the right to correct it. We will notify you before charging any additional amount and provide an opportunity to raise questions or dispute the correction. You may contact us at any time if you believe you have been incorrectly charged.
If you are dissatisfied with any payment or billing matter, please contact us so we can attempt to resolve the issue.
Backup Energy Simulator is a digital service that is delivered immediately. Access to the paid features begins as soon as your payment is confirmed, and the substantive value of the service — a complete set of simulations of your own installation, compared side by side and exported as reports — can normally be obtained within a few hours of first access. For that reason, and because the service can be evaluated before purchase, paid plans are sold as non-refundable. Before you buy, please use the free account. It is deliberately limited in functionality, but it runs the same simulation engine on your own figures and is sufficient to establish whether the tool suits your purpose and to understand both its possibilities and its limitations. If you are in any doubt about what the service does or whether it fits your project, evaluate it there first — that is what the free account is for. Where the law of your country gives you a right of cancellation or withdrawal that cannot be excluded, that right applies regardless of the above. Consumers in the European Union, the EEA, Switzerland and the United Kingdom have a 14-day right of withdrawal for digital content, which you may be asked to waive expressly at checkout in order to receive immediate access; several other countries provide comparable periods. Payments are processed by [PADDLE LEGAL ENTITY AS SHOWN ON YOUR CHECKOUT], which acts as merchant of record and reseller for every transaction, and Paddle's own refund policy and buyer terms apply alongside this one. Paddle may also grant a refund at its own discretion within 14 days of a transaction. If the service does not work as described and we are unable to put it right, tell us and we will refund the affected payment. The same applies to a duplicate or accidental purchase reported promptly. Subscriptions renew annually until cancelled. You may cancel at any time and will keep access until the end of the period already paid for. We do not refund the unused part of a period; cancelling prevents the next renewal rather than reversing the last payment. Refund requests and cancellations: support@backupenergysimulator.com, or through Paddle's buyer support.
Some of our products and services are available through annual subscription plans ("Subscriptions"). Subscriptions are personal, non- transferable, and non-sublicensable. They begin upon payment confirmation and automatically renew at the end of each billing cycle, unless canceled or automatic renewal is disabled. You must maintain an active Account in good standing to manage your Subscription.
The total price, applicable taxes, billing frequency, and renewal terms are clearly displayed before you complete your purchase. By signing up for a subscription, you authorize the charges associated with your chosen subscription, including any required taxes, to be applied to the payment method linked to your account. If payment is made by credit card, you agree that a pre-authorization may be requested for verification, and you consent to ongoing periodic charges aligned with the subscription term until the subscription is canceled or otherwise ends.
If a renewal charge fails, you agree that charges may be attempted on any backup payment method you have provided. Failed payments may result in the suspension of access until resolved, in accordance with the Account Suspension and Termination section.
If you fail to pay for your subscription, you agree to reimburse us for all reasonable collection costs we incur, including attorney fees and court costs. We may charge interest on unpaid amounts at a reasonable rate not exceeding the maximum rate permitted by applicable law.
We reserve the right to amend our subscription pricing, modify service offerings, discontinue features, or refuse subscriptions at our discretion. Any price changes will take effect at your next renewal, and we will notify you in advance in accordance with the Material Changes section of these Terms.
Features, usage limits, and device restrictions are determined by your selected subscription plan, as described at signup or as later modified with notice.
We may suspend or terminate your subscription if you materially breach these Terms or fail to make payment, in accordance with the Account Suspension and Termination section.
You may upgrade, downgrade, or cancel your Subscription at any time through your Account settings or by contacting our customer support team. Changes take effect at the end of the current billing cycle unless otherwise specified. Downgrades or cancelations do not entitle you to refunds for unused portions, but you retain access until the cycle ends.
We may offer a free trial period of one week for new customers to evaluate our paid Services ("Free Trial"). Each customer is entitled to one Free Trial only, and we reserve the right to determine your eligibility at our sole discretion.
At the end of the trial period, your access to paid features will end automatically. To continue using paid features, you will need to select a subscription plan and provide a valid payment method.
Our Services may include features, tools, and integrations (collectively, "Third-Party Services") that rely on, are built by, are connected with, or are supported by companies that are independent from us. By using Third-Party Services, you agree to comply with the applicable terms and conditions, usage rules, and policies of the respective providers.
We do not endorse, are not liable for, and make no representations or warranties about any Third-Party Services. We have no control over these services and are not responsible for how they work or what they do. If a Third-Party Service stops working or changes how it connects with our Services, we may need to discontinue that connection without liability to you, to the maximum extent permitted by applicable law.
Where an issue with our Services originates from a Third-Party Service, our responsibility is limited to using commercially reasonable efforts to resolve or mitigate the impact on our Services. We are not obligated to fix, replace, or compensate for failures, outages, or changes caused by Third-Party Services, except where required by applicable law.
By using our Services, or any Third-Party Services in connection with our platform, you agree not to hold us responsible for any issues that arise directly from those Third-Party Services, to the maximum extent permitted by law.
Our Services include features and tools that incorporate artificial intelligence, machine learning, or related technologies ("AI Features"), which you may use at your discretion to perform or complete tasks within our Services.
By using our AI Features, you acknowledge and agree that:
When you provide inputs to our AI Features, we may process that data to generate outputs and to maintain, support, and improve our Services. We will not use your inputs to train AI models unless we have a lawful basis to do so and have informed you in accordance with our Privacy Policy.
Where required by applicable AI legislation, including the EU AI Act, we will comply with our obligations as a deployer of AI systems. This includes providing transparency about the use of AI in our Services and cooperating with any relevant regulatory requirements.
We do not guarantee the accuracy, reliability, or suitability of AI Features for any particular purpose and, to the maximum extent permitted by law, disclaim all liability for any errors, inaccuracies, or damages resulting from their use.
We may update, modify, or improve our Services from time to time. These updates may include technical adjustments, security enhancements, performance improvements, changes to features, or adaptations required to comply with legal or regulatory requirements. We reserve the right to implement updates at any time and for any reason, whether temporarily or permanently, with or without notice, and without liability to you or any third party, to the maximum extent permitted by applicable law.
You acknowledge that our Services may contain errors, bugs, or interruptions. We have no obligation to provide notice of, or correct, update, modify, maintain, or repair any aspect of our Services, except as required by applicable law.
We will not make changes that materially reduce the core functionality of our Services without a valid reason. If a change materially affects your access to or use of our Services, we will notify you in advance by email or other durable medium, unless the change is urgent for security or legal reasons.
If you do not agree with a material change that negatively affects your use of our Services, you may terminate your Subscription free of charge within 30 days of being notified and receive a proportionate refund for any prepaid period you will not use.
We reserve the right to suspend or discontinue all or part of the Services where reasonably necessary for legal, security, operational, or business reasons. If you have paid for ongoing access to a Service that is discontinued, we will notify you at least 30 days in advance by email or other durable medium. You will receive a proportionate refund for any prepaid period during which the Service is no longer available.
We aim to keep the Services available and reliable. However, the Services may occasionally be unavailable due to scheduled maintenance, updates, technical issues, or circumstances beyond our reasonable control. We are not liable for any loss or damage arising from temporary interruptions to the Services, to the maximum extent permitted by applicable law.
If you install our App on your device, you agree that the App may receive automatic updates where this function is enabled in your device settings. These updates may be required to ensure security, performance, or continued compatibility.
We retain sole ownership of all intellectual property ("IP") rights in and to our Services, our Materials, and any proprietary rights inherent in and to our Services. These rights are protected by international intellectual property laws and treaties and apply worldwide.
Nothing in these Terms shall be interpreted as transferring to you any rights, interest, or title in our company or Services, except as explicitly stated in these Terms.
Subject to your compliance with these Terms and any payment obligations you have to us, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for your personal or internal business purposes.
All rights not expressly granted to you are reserved by Backup Energy Simulator and its licensors.
If you publicly publish or distribute materials generated by or exported from our Services, you must include reasonable attribution to us, such as a visible credit or link to our website, unless we provide specific attribution guidelines, in which case those guidelines apply.
You may refer to our company name and brand in a factual and truthful manner. You must not use our name, logo, trademarks, or other brand assets in any way that implies endorsement, sponsorship, or affiliation with us without our prior written consent.
We respect the intellectual property rights of others, and we ask that everyone using our Services does the same. If you believe that your work has been reproduced on our Services in a way that constitutes copyright infringement, you may notify us using the process outlined below.
Please be aware that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages. If you're unsure whether your claim is valid, we recommend that you seek legal advice before proceeding.
To submit a claim, please provide us with the following information:
Please send all copyright infringement notices to:
Harm Poelen
info@BackupEnergySimulator.com
Voskresenska 27 M, Dnipro, Ukraine
If you believe that content you posted was removed or disabled as a result of a mistake or misidentification, you may send us a counter-notification containing the following information:
Upon receipt of a valid counter-notification, we will restore the removed content within 10 to 14 business days, unless the copyright owner files an action seeking a court order against the content provider. We reserve the right to remove content that violates these Terms regardless of any counter-notification.
"User-Generated Content" refers to any content, materials, information, feedback, ideas, suggestions, feature requests, reviews, or communications that you submit, post, upload, share, or otherwise provide to us or through our Services, whether publicly or privately.
By submitting User-Generated Content to us or through our Services, you grant us a non-exclusive, royalty-free, transferable, sub- licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy. This includes, without limitation, the right to use feedback, ideas, suggestions, and feature requests to develop, improve, and promote our Services without any obligation or compensation to you.
You retain your intellectual property ownership rights over your User-Generated Content. By submitting User-Generated Content, you represent and warrant that you own or have the necessary rights, licenses, and permissions to grant the license above, and that your content does not infringe, misappropriate, or violate the rights of any third party.
We reserve the right to review, edit, refuse, or remove any User-Generated Content at our sole discretion and without notice.
We aim to ensure that all information found on our Services is accurate and up to date. However, occasional errors, inaccuracies, or omissions may occur. We reserve the right to correct such errors and update information at any time. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
We make reasonable efforts to ensure that feature descriptions, screenshots, and other representations of our Services are accurate at the time of publication. However, as our Services are subject to ongoing updates and improvements, certain features, interfaces, or functionality may change over time and may differ from published descriptions.
Feature listings on our Services reflect current availability at the time of publication. We make reasonable efforts to remove or update feature listings that are no longer available, but occasional discrepancies may occur. The display of a feature does not constitute a guarantee of ongoing availability.
We value and encourage authentic reviews, but before you leave a review on our Services, please ensure you do not post content that violates our Terms or the review guidelines laid out below.
When leaving a review on our Services:
We take reasonable steps to ensure that reviews published on our Services originate from users who have actually used our Services. This may include requiring an authenticated account to submit a review.
If a review violates these Terms or our review guidelines, we may remove it. Users who repeatedly break these rules may lose their ability to leave reviews, and we may take additional action if necessary.
Please report any non-compliant reviews using the contact details at the base of these Terms.
From time to time, our team may use Artificial Intelligence ("AI") to support the provision, improvement, or operation of our Services. Where we do so, we process data and deploy such systems in accordance with applicable laws and regulatory requirements.
We use AI for:
By using our Services, you acknowledge and agree to our use of AI.
We are committed to ensuring that our Services are accessible to everyone. This includes making an active and ongoing effort to remove accessibility barriers from our Services and to maintaining our compliance with global accessibility standards and regulations.
To guide us in making our Services more inclusive and accessible, we follow the Web Content Accessibility Guidelines (WCAG 2.2) level AA, with which we strive to comply as best as possible.
As our Services evolve, new content or updates may unintentionally introduce accessibility issues that we are not yet aware of. We actively monitor our Services to identify and resolve such issues. If you encounter an accessibility barrier, please let us know using the contact details at the base of these Terms.
Please send all accessibility feedback to our team using the contact details at the base of these Terms. You can share a description of the accessibility barrier you encountered, the specific webpage or URL where it happened, details about your device and any assistive technology you're using (if relevant), and anything else you think might help us understand and fix the problem. We will respond to you as quickly as possible.
We may provide links to third-party websites, applications, or resources ("Linked Sites") for your convenience. However, we don't control, review, monitor, or endorse these Linked Sites or their content, and we can't make any promises about their availability, accuracy, reliability, or suitability. When you access and use Linked Sites, you're doing so at your own risk, and we won't be responsible for any damages or losses that arise from your use of or reliance on any Linked Site.
We reserve the right to remove or disable links to any Linked Site at any time without notice or liability. When you access any Linked Site, you acknowledge that you're leaving our platform and that different terms of use and Privacy Policies may apply to your use of those Linked Sites.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by circumstances outside our reasonable control ("Force Majeure Events"). Force Majeure Events include, but are not limited to, acts of God, natural disasters, internet outages, cyberattacks, strikes, and failures of third-party services.
Upon the occurrence of a Force Majeure Event, we will use commercially reasonable efforts to promptly notify you through any reasonable means about the nature of the event and its expected impact on our Services, to the extent practicable under the circumstances. Any delay or failure to provide such notification due to the Force Majeure Event itself shall not constitute a breach of this agreement or result in any additional liability to us. The affected obligations will be suspended for the duration of the Force Majeure Event, and any performance deadlines will be automatically extended by a period equal to the duration of the delay plus a reasonable period for resuming activities.
Our Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we make no warranties or representations of any kind, express or implied, and we disclaim all implied warranties and conditions, including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
Without limiting the foregoing, we do not warrant that our Services will be uninterrupted, error-free, timely, secure, free of viruses or other harmful components, or that any defects will be corrected; that the Services will meet your requirements or expectations; or that any information or content available through the Services is accurate, complete, or reliable.
The following limitations apply to the maximum extent permitted by applicable law. Where any limitation is partially or wholly unenforceable, it applies to the maximum extent that is enforceable.
In no event will we, our affiliates, suppliers, licensors, agents, officers, directors, or employees be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, savings, reputation, use, or data, arising out of or in connection with these Terms or your use of (or inability to use) our Services, regardless of whether the claim is brought in contract, tort (including negligence), breach of statutory duty, indemnity, equity, or otherwise, and even if we have been advised of the possibility of such damages.
Our total aggregate liability to you arising out of or in connection with these Terms or your use of our Services, regardless of the cause of action, will not exceed the greater of (a) the total amounts paid by you to us in the $12 months immediately preceding the event giving rise to the claim, or (b) $5.
Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable law.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, some of the above limitations may not apply to you in their entirety, and our liability is limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless our company, our affiliates, and our respective officers, directors, employees, agents, licensors, suppliers, successors, and assigns ("Indemnified Parties") from all claims, losses, damages, penalties, fines, costs, and expenses (including reasonable legal fees and costs) arising out of or related to:
This indemnification obligation includes, without limitation, claims related to: (a) allegations of non-compliance with data protection, privacy, or consumer protection laws; (b) infringement or misappropriation arising from customized content, configurations, or implementations; and (c) any representations, warranties, or guarantees you make regarding our Services to third parties.
You will cooperate promptly and fully in the defense of any such claim at your own expense. We reserve the right, at our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to assist and cooperate with us in asserting any available defenses and to promptly reimburse us for all reasonable costs and expenses incurred in connection with such defense. You may not settle, compromise, or make any admission of liability in connection with any claim subject to this indemnification without our prior written consent.
To the extent permitted by applicable law, this indemnification obligation (a) survives the termination or expiration of these Terms or your use of our Services, and (b) is independent of any other rights or remedies available to the Indemnified Parties. In jurisdictions where such indemnification provisions are limited or unenforceable, this section applies only to the maximum extent permitted by law and does not affect any non-excludable statutory rights you may have. The Indemnified Parties reserve all rights and remedies available at law or in equity and may seek injunctive relief or specific performance in addition to monetary damages.
By accepting these Terms, you agree that any disputes, claims, or issues related to these Terms, our Services, or your use of them (collectively, "Disputes") will be governed by the laws of Ukraine ("Governing Law"), without regard to conflict of law principles, and resolved in accordance with this section.
Before commencing litigation, you must first provide written notice of the Dispute to us using the contact details at the base of these terms, including a detailed description of the nature of the Dispute and the relief sought. We will attempt to resolve the Dispute informally through negotiation within 30 days from the date of your written notice. If the Dispute cannot be resolved within this period, either party may proceed with litigation.
Notwithstanding the other terms in this section, we have the right to seek injunctive relief against any unauthorized use or abuse of our Services, unauthorized disclosure of confidential information, or intellectual property infringement, and the right to pursue an enforcement action without first engaging in the dispute resolution process described in this section.
To the extent permitted by applicable law, you agree to resolve any and all Disputes on an individual basis and not as part of a class, representative, or consolidated action.
If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed removed to the extent necessary, and the remaining provisions shall remain in full force and effect.
If the removal of a provision materially affects the balance of rights and obligations under these Terms, we may amend the affected provision to the extent necessary to make it lawful, while preserving its original purpose as closely as possible.
No waiver of any breach, default, or right under these Terms shall be effective unless expressly made in writing and signed by an authorized representative of the waiving party. Our failure or delay in exercising any right or remedy under these Terms shall not operate as a waiver, impair future rights to strict performance, or affect any other available rights or remedies.
These Terms, together with our Privacy Policy and any mandatory pre-contractual information, form the agreement between you and us regarding our Services. They replace any prior discussions or communications relating to the same subject matter.
Nothing in these Terms limits or excludes any rights you have under applicable consumer protection, unfair commercial practices, or data protection laws. If any information we provide to you before entering into the contract is required by law to form part of the contract, it will remain binding.
We may update these Terms in accordance with the "Changes to Our Terms" section. We are not bound by any other term or condition you propose in any correspondence, purchase order, or document, regardless of whether we expressly object to it. Any other changes must be agreed in writing.
You may contact us at any time using the contact details at the base of these Terms. Where these Terms require notice in writing, email is sufficient unless mandatory law requires another method. A notice is considered received when it is sent, provided there is no indication that delivery has failed.
We may send notices to you using the email address associated with your Account or any other contact details you have provided. You are responsible for keeping your contact information accurate and up to date.
You may not transfer your rights or obligations under these Terms to another person without our prior written consent, unless such transfer is permitted by applicable law.
We may transfer our rights and obligations under these Terms to another company, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. If we do so, we will ensure that your rights under these Terms are not reduced as a result of the transfer. Where required by law, we will inform you of such transfer.
In these Terms, "including" means "including but not limited to."
The authoritative version of these Terms is the original English (US) version, which shall prevail over any translation in the event of a conflict. Any translations are provided purely for convenience, and we are not responsible for errors or inconsistencies in them.
Headings in these Terms are for convenience only and do not affect the interpretation of any provision.
Any provision of these Terms that by its nature or express terms should survive the expiration or termination of these Terms will survive, including any accrued rights and obligations.
Please direct all communications regarding these Terms to:
Harm Poelen
info@BackupEnergySimulator.com
Voskresenska 27 M
Dnipro Dnipropetrovsk Oblast 49000
Ukraine
Backup Energy Simulator is a digital service that is delivered immediately. Access to the paid features begins as soon as your payment is confirmed, and the substantive value of the service — a complete set of simulations of your own installation, compared side by side and exported as reports — can normally be obtained within a few hours of first access. For that reason, and because the service can be evaluated before purchase, paid plans are sold as non-refundable.
Before you buy, please use the 7-day trial. It is deliberately limited in functionality — the outage schedule is fixed, EV charging is switched off and the prices in the settings are demonstration values in USD — but it runs the same simulation engine on your own figures and is sufficient to establish whether the tool suits your purpose and to understand both its possibilities and its limitations. If you are in any doubt about what the service does or whether it fits your project, evaluate it there first. That is what the trial is for.
Where the law of your country gives you a right of cancellation or withdrawal that cannot be excluded, that right applies regardless of the above. Consumers in the European Union, the EEA, Switzerland and the United Kingdom have a 14-day right of withdrawal for digital content, which you may be asked to waive expressly at checkout in order to receive immediate access; several other countries provide comparable periods. Payments are processed by [PADDLE LEGAL ENTITY AS SHOWN ON THE CHECKOUT], which acts as merchant of record and reseller for every transaction, and their own refund policy and buyer terms apply alongside this one. They may also grant a refund at their own discretion within 14 days of a transaction.
If the service does not work as described and we are unable to put it right, tell us and we will refund the affected payment. The same applies to a duplicate or accidental purchase reported promptly.
Subscriptions renew annually until cancelled. You may cancel at any time and will keep access until the end of the period already paid for. We do not refund the unused part of a period; cancelling prevents the next renewal rather than reversing the last payment.
Refund requests and cancellations: support@backupenergysimulator.com, or through the payment provider's buyer support.