Terms of Use

BESSview, operated by Birdview Energy

As of: October 2026

These Terms of Use govern access to and use of the BESSview application (the "Platform") and the BESSview website and documentation (together with the Platform the "Service"). They form the agreement between Birdview Energy B.V. and the organization on whose behalf the Service is used (the "Customer"). How we process personal data is described separately in our Privacy Notice at /privacy.

1. Operator and Scope

1.1. Operator

The Service is operated by:

Birdview Energy B.V.

IJsbaanpad 2

1076 CV Amsterdam

Netherlands

Chamber of Commerce (KvK) number: 96662387

E-mail: info@birdviewenergy.ai

1.2. Scope

The Platform is organized by organization. Each Customer has one organization on the Platform, and the persons who use the Platform on behalf of that organization are its users. The Customer is responsible for the use of the Service by its users and ensures that they comply with these Terms.

1.3. Acceptance

These Terms are accepted when an organization is registered on the Platform, and by each user when registering or when accepting an invitation to an organization. A person who registers on behalf of a company confirms that they are authorized to bind that company to these Terms.

1.4. Business Customers Only

The Service is intended exclusively for companies and other professional users acting in the course of their trade, business or profession. It is not offered to consumers. Statutory provisions that apply only to consumers do not apply.

1.5. Individual Agreements

A separate written agreement with the Customer, such as an Enterprise agreement, prevails over these Terms in case of conflict. General terms and conditions of the Customer do not apply.

2. Account and Registration

2.1. Accurate Details

Users must provide accurate and complete registration details and keep them up to date. We may refuse a registration.

2.2. Personal Accounts

Each user account is personal and may be used by one natural person only. Several persons may not share one account.

2.3. Credentials

Users must keep their password, any two-factor authentication codes and recovery codes confidential and protect them against unauthorized use. The Customer must inform us without delay if it suspects that credentials have been compromised.

2.4. Organization Administrators

Administrators of an organization can invite users, manage their roles and remove them. The Customer is responsible for choosing its administrators and for removing users who are no longer authorized to act on its behalf.

2.5. API Tokens

Users can create API tokens to access the Platform programmatically. An API token acts on behalf of the organization with the rights of the user who created it. The Customer is responsible for all actions performed with its API tokens and must revoke a token that is no longer needed or may have been disclosed.

3. The Service

3.1. Description

The Platform is a tool for simulating the operation and economics of battery energy storage systems, alone or combined with solar or wind generation, on the Dutch, German, Belgian and Romanian electricity markets. Users configure systems, upload data, run simulations and view financial results.

3.2. Nature of the Results

Simulations are model-based estimates. They depend on forecast price scenarios, on assumptions in the simulation engine and on the data and parameters entered by the user. Actual market prices, regulation, grid conditions and asset performance will differ from these assumptions. Simulation results are no guarantee or forecast of future revenue.

3.3. No Advice

The Service does not provide investment, financial, legal, tax or regulatory advice.

3.4. Responsibility of the Customer

The Customer remains solely responsible for its decisions, including investment, financing, trading and contracting decisions, and for checking whether the results are suitable for its purposes. The Customer is responsible for the correctness of the data and parameters it enters or uploads and must verify them before relying on any result.

4. Plans, Credits and Payment

4.1. Explore Plan

New organizations start on the free Explore plan. It provides limited access to the Platform, including a limited number of simulation runs and a restricted set of markets, scenarios and functions.

4.2. Paid Plans and Credits

Paid plans (Basic, Pro and Enterprise) extend the available functions, the number of simulation runs and the duration of access. Some functions, such as the financial report, are available only on certain plans. Running simulations consumes credits from the organization's balance. The Customer can buy additional credit packages. The scope, duration and price of each plan and package are shown on the billing page of the Platform at the time of purchase. Enterprise plans are agreed individually.

4.3. Prices and Payment

Prices are stated in EUR and are exclusive of VAT, which is charged in addition where applicable. Payment is due at the time of purchase and is processed through the payment service provider Mollie B.V. A plan or credit package is activated once the payment has been confirmed. We provide an invoice for each paid purchase.

4.4. No Refunds

Fees paid are not refundable, and unused credits or unused plan periods are not refunded, except where a refund is required by mandatory law.

4.5. Changes to Plans and Prices

We may change plans, credit packages and prices. Changes do not affect plans or packages that have already been paid for. Changes that affect an ongoing Enterprise agreement or existing paid entitlements to the Customer's detriment are announced at least 30 days in advance.

5. Customer Data and Content

5.1. Ownership

The data that the Customer and its users enter or upload into the Platform, including locations, profiles, price files, configurations, cost items and templates, and the simulation results produced for the Customer (together "Customer Data"), belong to the Customer.

5.2. Licence to Us

The Customer grants us a non-exclusive, royalty-free licence to store, process, copy and display Customer Data to the extent necessary to operate, secure and support the Service for the Customer. We do not use Customer Data for any other purpose and do not share it with third parties, except with the service providers named in the Privacy Notice and where required by law.

5.3. Anonymized Usage Statistics

We may create anonymized and aggregated statistics about the use of the Service and use them to improve and develop the Service. Such statistics do not identify the Customer or its users.

5.4. Rights to Uploaded Data

The Customer warrants that it has the rights required to upload and use Customer Data in the Service, and that doing so does not infringe the rights of third parties.

5.5. Deletion

When an organization is deleted, its Customer Data is deleted as described in the Privacy Notice at /privacy, subject to statutory retention obligations. The Customer is responsible for exporting any data it wishes to keep before deletion.

6. Acceptable Use

The Customer and its users may not:

• use the Service in violation of applicable law or for unlawful purposes;
• reverse engineer, decompile or otherwise attempt to derive the source code, models or forecast data behind the Service, except where mandatory law permits this;
• access the Service by scraping or other automated means outside the documented API, or place an unreasonable load on the Service;
• share accounts or credentials, or give persons outside the organization access to the Platform;
• circumvent plan limits, credit consumption, access controls or security measures, for example by creating multiple organizations or accounts;
• use the AI assistant to obtain unlawful content, to attack or test the Service without our consent, or in breach of the usage policies of the model provider;
• upload data, malware or other content that they are not entitled to use or that may damage the Service or other users.

We may take appropriate measures in case of a breach, including the suspension of users, API tokens or the organization.

7. AI Assistant

7.1. Optional Function

The Platform contains an optional AI assistant that can answer questions about the Customer's sites, scenarios and simulations and can run simulations on the Customer's behalf. It is switched off by default and is enabled per organization at the Customer's request.

7.2. Transfer to Anthropic

When the assistant is used, prompts, the conversation history of the session and the project data the assistant retrieves are transmitted to Anthropic, PBC in the USA, which processes them as our processor. Details are set out in the Privacy Notice at /privacy.

7.3. Generated Output

Answers of the assistant are generated automatically and may be incomplete, outdated or wrong. Users must check the output and any simulation configuration created by the assistant before relying on it.

8. Third-Party Components

The Service relies on the following third-party components:

• Mollie B.V. processes payments through its checkout, which may be shown inside the Platform. Mollie's own terms apply to the payment transaction.
• OpenStreetMap tiles are loaded from tile.openstreetmap.de, operated by FOSSGIS e.V., Germany, to display maps.
• Anthropic, PBC provides the language model behind the optional AI assistant.

We are not responsible for the availability or content of these third-party services, to the extent permitted by law.

9. Intellectual Property

All rights in the Service, including the Platform, the simulation engine, the price forecasts and scenarios we provide, the documentation, templates, reports and the BESSview and Birdview Energy names and logos, remain with us or our licensors. Subject to these Terms and payment of the applicable fees, the Customer receives a non-exclusive, non-transferable right, limited to the term of the agreement, to use the Service for its own internal business purposes. No other rights are granted.

10. Availability, Maintenance and Changes

10.1. Availability

We make reasonable efforts to keep the Service available, but do not guarantee uninterrupted or error-free operation. No availability is promised for the free Explore plan.

10.2. Maintenance

We may temporarily restrict access to the Service for maintenance, updates and security measures. Where possible, we announce planned interruptions in advance.

10.3. Changes to the Service

We may change, replace or discontinue functions, markets, scenarios and data sources. Where a change materially reduces functions that the Customer has paid for, we inform the Customer with reasonable notice.

10.4. Beta Functions

Functions marked as beta, preview or experimental are provided for testing. They may be changed or removed at any time and are excluded from any availability efforts.

11. Warranty and Liability

11.1. Warranty

To the extent permitted by Dutch law, the Service is provided as is and as available. We do not warrant that the Service or its results are suitable for a particular purpose or free of errors.

11.2. Limitation of Liability

Our liability is limited to direct damage. Our total liability per event, or series of connected events, is limited to the fees paid by the Customer for the Service in the twelve months before the event. Where the Customer has paid no fees, our liability is excluded to the extent permitted by law.

11.3. Excluded Damage

We are not liable for indirect or consequential damage, including lost profits, lost revenue, lost savings, trading losses, loss of data and damage resulting from investment, financing or trading decisions based on simulation results, reports or output of the AI assistant.

11.4. Intent and Gross Negligence

The limitations and exclusions in this Section 11 do not apply to damage caused by our intent or gross negligence, or by the intent or gross negligence of our management.

12. Term and Termination

12.1. Term

The agreement runs for an indefinite period.

12.2. Termination by the Customer

The Customer can delete its organization, and each user can delete their account, at any time. Deletion ends the agreement. Section 4.4 applies to remaining plan periods and credits.

12.3. Suspension and Termination by Us

We may suspend access or terminate the agreement if the Customer or its users materially breach these Terms, if payment is not made, or if required by law. We may also terminate free Explore accounts that have been inactive for a prolonged period, after notifying the account by e-mail at least 30 days in advance.

12.4. Effects of Termination

On termination, the right to use the Service ends and Customer Data is deleted as described in Section 5.5. Sections 9, 11 and 14 survive termination.

13. Changes to these Terms

We may update these Terms. Material changes are announced in the Platform or by e-mail at least 30 days before they take effect. If the Customer continues to use the Service after the changes take effect, the changes count as accepted. If the Customer does not agree, it can terminate the agreement before that date. The current version is always available at /terms.

14. Governing Law and Venue

These Terms and all agreements concluded under them are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) does not apply. The competent court in Amsterdam, the Netherlands, has exclusive jurisdiction over all disputes arising from or in connection with these Terms.

15. Contact

Questions about these Terms can be sent to:

Birdview Energy B.V., IJsbaanpad 2, 1076 CV Amsterdam, Netherlands

E-mail: info@birdviewenergy.ai

As of: October 2026