Terms and Conditions

Contents

0. Company Data

Our website address is https://youwindrenewables.com and Youwind platform is placed under the domain https://app.youwindrenewables.com/
Youwind Renewables ehf. is a company registered in Iceland at Valhúsabraut 14, IS-170 Seltjarnanes with organization registration number SSN: 551019-0390 and VAT number 136128.
Youwind Capital, is a company registered in Spain at Av. Carles III 58-60, F Comercial, entl.7ª 08028 Barcelona with VAT number ESB67214452.
This website and all material, services and products including everything under the trading name Youwind Renewables and Youwind are the copyright of Youwind Renewables ehf and Youwind Capital SL. All rights reserved 2021-2030. Youwind Renewables ehf and Youwind Capital SL will be referred in this document onwards as Youwind.

1. Definitions

“Agreement”:  Agreement refers to this Terms and conditions published at the website.
“Authorized Users”: means the users from the Client who can be added, removed, or changed from time to time by the administrative user designated by the Client during the term of this Agreement, provided that the total number of such users remains within the subscription limit specified in the proposal accepted and confirmed by the Client. For the avoidance of doubt, the administrative user is also counted and included in the number of Authorized Users. The Authorized Users must be employees of the Client.
“Client” also refers as Licensee/user in this document. 
“Commercial proposal” means the purchase documents that have been agreed and signed by licensee and Youwind.
“Licence”:  The platform with its different modules is not sold but licensed to Licensee.
“Licensor”: this is Youwind that owns Youwind Platform.
“Licensee”: the applicant and the Client is designated as Licensee. The services offered by Youwind under these terms and conditions are designed specifically to be used by companies, professionals and entrepreneurs within their professional activity. Therefore, these services cannot be used and are not offered to consumers and individual users.
“Licence Fees”: the Licence Fees depend on the package selected by the Licensee and are subject to change according to the purchase document.
“Platform”: the Licensor operates a cloud-based IT solution where the Licensee can access at https://app.youwindrenewables.com/.
This platform includes data, images, text, software, formulas, APIs (application programming interfaces), link to other websites, tools, and other information and materials delivered by Youwind.
The language of the Platform is in English.
“Product Support”: Product Support refers to the standardised assistance provided by the Licensor to the Licensee in relation to functional events, malfunctions, and inquiries, clarifications regarding the functionalities, configuration and standard operation of the Platform. For the avoidance of doubt, Product Support does not include the provision of Consulting Services.
“Product Training”: Product Training means an introduction from Licensor to Licensee on how to use the Platform. An Onboarding procedure is included in your package described in the commercial proposal. In addition, there are video tutorials and an online user guide available for you.
“Reasonable Efforts”: means efforts in terms of resources and time that may be reasonably expected by Licensee in accordance with industry standards.
“Scope of Licence”: the Scope of Licence depends on the package selected by the Licensee according to the currently valid description in the commercial proposal.
“Support Services”: means Product Training, with IT support and onboarding sessions.

2. Data Privacy

The following section is to inform you of what personal data is collected and how it will be processed, used, and protected.

2.1. Privacy Policy

IThe use of user’s data and the security measures implemented by Youwind is explained at the document: “Privacy Policy”, https://youwindrenewables.com/privacy-policy-2/

2.2. Cookies Policy

Youwind cookies policy is described at this document “Cookies Policy”,

https://youwindrenewables.com/cookies-policy/

2.4. Confidentiality

1. The Parties expressly agree to treat the contents of this Agreement and any know-how of the Parties thereto as well as all other proprietary information (“Confidential Information”) one of the Parties may have obtained within the scope of the execution of this Agreement, either directly or indirectly, in writing, orally, electronically, or in any other manner as confidential. Confidential Information shall include data uploaded by the Licensee to the Platform as well as the functions of the Platform. Confidential Information also shall include, but not limited to: (a) all non-public, proprietary documents, contracts, financial models, and trade secrets; (b) commercial, financial, legal and technical information (including forecasts and projections); (c) information relating to the internal management or structure of the disclosing Party; (d) all information relating to the current or potential customers, distributors, suppliers or consultants of the disclosing Party; (e) information which is derived or produced wholly or partly from any information that is the disclosing Party’s Confidential Information by virtue of this definition by or on behalf of the receiving Party or any person to whom it has made such information available including an analysis, note, calculation or summary. Information shall not be considered to be confidential if it (i) is common knowledge, or has been lawfully disclosed by a third party; (ii) was publicly known or shall be so without violating this Agreement, or because the information becomes or became known due to a violation of the obligation to keep secrecy by the other Party; (iii) was lawfully disclosed by a third party to one of the Parties, or (iv) was already lawfully and without being subject to an obligation to keep secrecy known to the Parties before this Agreement or (v) is required to be disclosed by the receiving Party pursuant to applicable law, regulation or court order, in which event, the receiving Party agrees, to the extent legally permitted and reasonably practicable, to use reasonable efforts to provide prompt advance notice to the disclosing Party, to only disclose Confidential Information to the extent necessary to comply with the applicable law and to use reasonable efforts to ensure that any of the disclosing Party’s Confidential Information disclosed is kept confidential.
2. Each Party shall treat any Confidential Information as strictly confidential and secret and refrain from disclosing it to any third party or make it available in any other manner. Excluded shall be a notification: (i) the hosting provider, who shall need said information for the purposes of this Agreement and who are, in turn, subject to an obligation to maintain confidentiality that is at least equally as stringent as the present one; (ii) insofar as applicable, mandatory statutory provisions require such notifications, with all reasonable steps to limit such disclosure and ensure confidential treatment to be taken.

3. Each Party shall take all reasonable precautions to protect the Confidential Information of the other Party and avoid any dissemination of such information.

4. Each Party shall immediately notify the other Party, if it becomes aware of an unauthorized use or disclosure of Confidential Information or if it has reasonable grounds to assume that such an unauthorized use or disclosure has occurred.

5. At the written request of the disclosing Party, the receiving Party shall immediately have to destroy or return any and all written, electronic, or otherwise archived documents, files, and copies thereof, which contain Confidential Information, including memoranda, notes, and other documents based on or containing Confidential Information. At the written request of the disclosing Party, the receiving Party shall have to confirm the destruction of any and all Confidential Information in accordance with this clause. Irrespective of this, the receiving Party shall be released from its obligation to destroy or return Confidential Information to the extent that it shall be obligated to store such information because of legal requirements (such as the obligation to keep business records).

6. The obligations to maintain confidentiality under this Section (Confidentiality Protection) shall remain in force even after the expiry or termination of this Agreement, for as long as said Confidential Information shall not be a matter of common knowledge or have been destroyed or returned respectively.

7. Each party shall treat as confidential and keep secret any knowledge, information or documentation on the other party’s internal affairs, projects, products, financial status, business operations etc., including information contained or embodied in the Products and these Terms. This obligation shall remain in force after termination of these Terms for any reason.

3. Use of the Platform, Warranty and Liability

1. Licensor hereby grants to Licensee a nontransferable (non-sublicensable), non-exclusive license during the Subscription Term, to allow Authorized Users to access and use the platform for its business purposes. The Licensee will have the non-exclusive, limited, non-assignable, and non-sublicensable right to use the Platform in the applicable Scope of License in compliance with the specific clauses listed in this document and according to the applicable law. The functionality of the Platform will be unlocked when the invoice has been issued.

2. The subscription to the Platform does not include any technical or financial advice or opinion from the Licensor.

3. The Licensor warrants to Licensee that the Platform will work substantially as described in the documentation, provided the Licensee uses a current browser version and has a sufficiently fast Internet connection. The Licensor cannot guarantee that the operation of the Platform will at all times be free from errors, bugs and/or defects, nor that it will be fully operational at all times, as it may be necessary, due to maintenance work or circumstances beyond the Licensor’s control, for the Platform to be temporarily out of service or subject to limited access.

4. In the event that the Licensee is unable to use the Platform under the agreed terms due to an error or malfunction attributable to the Licensor, or because the Licensor has carried out modification, enhancement, update, or any other change to the Platform, the Licensee shall immediately notify the Licensor in writing. The Licensor’s liability under this Agreement shall be strictly limited to proven errors in the formulas embedded in the Platform’s engineering models, meaning the algorithmic expressions used to process input data and generate outputs, which in any case the Licensee must substantiate. In such case, the Licensor shall make all reasonable efforts to remedy the issue within a maximum period of 30 days. If, upon expiry of such period, the problem has not been resolved, the Licensee shall have the right to terminate the contract. The Licensor shall be obliged to refund to the Licensee the proportional part of the subscription fee paid and unused, which shall in any event be capped at the amount corresponding to 12 months, as well as any other amount the Licensee may have paid in advance for this purpose.

The Licensor expressly disclaims and excludes any liability for factors beyond such formulas, including, without limitation: (i) errors, inaccuracies, or omissions in the input data provided by the Licensee; (ii) the interpretation, analysis, or use by the Licensee of the results generated by the Platform; and (iii) any decisions or actions taken by the Licensee or third parties based on such results.

5. In the event that, for any reason, the Licensor is required to pay any compensation or indemnity to the Licensee, the maximum amount of such payment shall in no case exceed the equivalent of twelve (12) months of the subscription fee paid by the Licensee.

6. Except as expressly provided herein, the Licensor shall have no liability for any direct or indirect damages or losses, including, without limitation, any loss of use or data, business interruption, loss of profits, or any indirect, special, incidental, consequential, or punitive damages of any kind, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise. The Licensor shall not be liable for any claims, actions, liabilities, costs, expenses, or damages arising from causes unrelated to the engineering functions of the Platform, nor for external services provided by other suppliers.

7. The Licensee declares that it possesses the expert and specific knowledge in wind energy and financing necessary for the proper use of the Platform and undertakes to act with due diligence in its application to its wind projects. This Platform is designed to analyze the initial phases for the feasibility assessment of potential wind farms.

8. The use of the Platform shall not exceed the scope agreed in the licence, and the Licensee shall register all users prior to their use. The sharing, advertising, or promotion of login credentials (username and password) to third parties (including subcontractors) is not permitted. In the event of a breach, the Licensor may terminate the Agreement without prior notice.
9. The Licensee shall be solely responsible for its use of the Platform and for any result and/or report generated by the Platform. The Licensor shall not be liable to the Licensee or to any third party for any losses or damages caused wholly or partly by the Licensee’s negligence, nor for any decision or action taken by the Licensee or any third party. In its communications with third parties, the Licensee shall in no event imply that the Licensor has in any way influenced the content or results of the Platform, provided consultancy, or assumed any responsibility.
10. It is not within the scope of the Licensor’s obligations to identify discrepancies, errors, inconsistencies, or omissions in the information and material provided or generated by the Licensee, nor is the Licensor obliged to actively monitor the Licensee’s content.

11. The Licensee warrants to the Licensor that any content published or uploaded to the Platform is lawful and does not infringe the rights of any third party (including, without limitation, intellectual property rights, confidentiality agreements, trade secrets, data privacy rights, and personal rights) nor otherwise breaches any applicable law or regulatory provision. If the Licensor receives a notification from a person affected by allegedly unlawful content made available on the Platform by the Licensee, the Licensor may, at its sole discretion, partially or fully block access to the Licensee’s content.

12. The Licensee shall defend, indemnify, and hold the Licensor harmless from and against any third-party claim, action, liability, cost, and expense arising out of or in connection with any content uploaded by the Licensee to the Platform. The Licensee shall be solely responsible for any content (input) and all activity occurring under authorised user accounts, as well as for ensuring compliance with all terms and conditions of the Agreement by each authorised user. The Licensee shall be solely responsible for the accuracy, quality, integrity, legality, reliability, and suitability of all data generated, uploaded, and transmitted.

13. The Licensor does not warrant that the service or the results may be used for any specific purpose, nor does it provide any guarantee as to the results. The results generated by the Platform may vary depending on the parameters selected and applied by the Licensee. The Licensor shall use commercially reasonable efforts to inform the Licensee of the formulas and parameters employed in the calculations. The Licensor makes no warranty or representation that the content or any information available on or through the Platform (including any third-party content) is accurate, complete, or free from error. The Licensor expressly disclaims any liability for data provided by the Licensee and for any errors, inaccuracies, or omissions in the results derived therefrom. The Licensee shall remain solely and exclusively responsible for its use of the Platform and for any results and/or reports generated thereby. It shall be the responsibility of the Licensee to critically assess the results of the Platform and to consider the characteristics of the project, the asset, the wind resource, and the technical, environmental, and country-specific factors in its interpretation.

14. Unless otherwise specified in the licence, the Licensee is prohibited from any form of reproduction, distribution, public communication, modification, and, in general, any other act of exploitation or commercial use, or any other use of all or part of the Platform (including data, images, text, content, software, API, tools, materials, etc.) that exceeds the terms of this Agreement, as well as of the database and specifically the software, except where prior specific written authorisation has been obtained from the Licensor. Specifically, and expressly, the Licensee may not modify, alter, delete, remove, reproduce, publish, transmit, retransmit, assign, distribute, disseminate, make available, sell, or resell the contents of the website and the Platform.

15. Any analysis and report produced using the Platform or advisory service is confidential and contains proprietary intellectual property.

3.1. Platform Updates or Modifications

The Licensor shall not be obliged to make any improvements to the Platform. However, the Licensor reserves the right to update or modify the Platform during the life of this Agreement. At its sole discretion the Licensor may from time to time develop and make available to the Licensee, enhancements, upgrades, updates and features, improvements, modifications, extensions and other changes to the IT platform.

Results in the IT Platform are subject to change due to improvements and new deployments in the system that will increase the accuracy of the values and results. The Licensee hereby authorises the Licensor to implement such changes and acknowledges and agrees that such enhancements may affect the results generated when updating the scenario/library item by the Platform compared to those obtained prior to the implementation. The Licensee further acknowledges and agrees that, once implemented, the Platform cannot be reverted to its previous state, nor can any prior results be restored.

Licensor will use reasonable efforts to notify Licensee. Such updates may be subject to planned downtime and occur without notice.

3.2. Force Majeure

1. Neither Party shall be liable to the other Party for damages of any kind, provided the damage was caused, partially or wholly, directly or indirectly, by circumstances outside its control, such as, e.g., fire, floods, or other natural disasters, national strikes, government measures, cybersecurity attacks, embargoes, or downtimes of the communications structure, provided the affected Party shall notify the other Party in writing of such an event of force majeure within reasonable time.
2. If services should, due to force majeure, be lacking for a period of more than thirty (30) days, each of the Parties may terminate this Agreement effective immediately.

4. Support Services

1. All information provided in the Platform is made available on the understanding that users will exercise their own skill and care with respect to the use of the platform. 

2. The proper use of the Platform requires expert and subject-specific wind energy and financing knowledge.  

3. IT Functional Service Support will be covered by e-mail to support@youwindrenewables.com and if necessary, through online calls. More information is included in your Commercial proposal.  

4. The Licensor offers no hot-line function which is available at all times. 

5. The Licensor shall be free to mandate partner companies as subcontractors or assistants for Support Services.  

6. Licensor provides its Support Services on a reasonable efforts basis. A particular success shall not be owed. No specific resolution time is guaranteed.  

5. License Fees and Terms of Payment

1. Licence Fees and terms of payment are included at the Commercial proposal. All fees mentioned are exclusive of any applicable taxes (e.g. VAT), duties, or other charges, which may be either directly or indirectly levied due to the Licences granted and/or the provision of services. 

2. The Subscription to the Platform is granted solely to Authorized Users and shall not be shared with any third parties. The number of Authorized Users shall not exceed the maximum number agreed in the commercial proposal.  

3. User Subscriptions are for named users and cannot be shared or used by more than one user but may be reassigned from time to time when Authorized Users have terminated an employment or some other prior relationship with the Licensee, or otherwise no longer require ongoing use of the platform. Users must be employees of the customer or its affiliates and should register with their company’s mail. Customer’s affiliates can utilize the platform provided they are in the subscriber limit. In case of subcontractors/third parties, it will require prior written authorization from the Licensor. If the user gives access without permission the Licensor will ask for compensation for damages. 

4. The Licensee shall use all reasonable endeavours to prevent unauthorized access to, or use of, the platform and notify the Licensor immediately of any unauthorized use of any password or account or any other known or suspected breach of security. 

5. The licensee will be able to upgrade the contracted package at any time during the duration of the agreement. 

6. The number of users may be reviewed at the end of the contract year, to be aligned with the invoicing period. In case more users are needed for limited number of user licenses package during the year; they will be invoiced proportionally for the months left to the renewal date upon prior agreement with the Licensee. 

7. Suspension for Non-payment:   

The Licensor will provide The Licensee with notice of non-payment of any amount due if needed. 

The Licensor reserves the right to suspend or disable the Licensee’s access to the Platform immediately if any invoice remains unpaid after its due date, without prejudice to any other rights or remedies available to the Licensor under this Agreement or at law 

Unless the full and undisputed amount has been paid, the Licensor may suspend The Licensee access to any or all subscriptions ten (10) days after such notice.  

6. Intellectual Property Rights

1. The Licensee expressly acknowledges the intellectual property rights and, in particular, the copyrights, name and any possible design and trademark rights of the Licensor in the Platform (especially in the programs on which it is based, the appearance, the graphical user interface, and all contents) as well as in the results of the Platform and trade names and logos of the Licensor. 

2. Licensee recognizes that Licensor holds any and all ownership, copyrights and other intellectual property or industry rights in and to the platform including but not limited to the code to any software or algorithms used in the production of the Products. This also applies to any changes, adjustments, upgrades etc. hereto. Licensee shall respect such intellectual property rights. 

3. The Licensee may neither itself register intellectual property rights identical with, similar to, and/or detrimental to the Licensor, nor have such a registration supported or executed by third parties. If such an application for registration should be submitted or has been submitted with support by the Licensee, the Licensee shall – on request by the Licensor – have to refrain from using any such source codes, trade names, symbols, brochures, or designs, and withdraw any such registration or a respective application, or transfer already registered rights to the Licensor without any compensation. In addition, the Licensee shall have to indemnify the Licensor for all costs and expenses (including reasonable attorney’s fees), incurred in connection with the registration or the attempt of such a registration initiated by the Licensee. To the extent permitted by law, the Licensee shall moreover engage, even beyond the life of this Agreement, to refrain from imitating or replicating the Platform, its mode of operation, structure, surface, and design in any way whatsoever to create a competitive solution for commercial purposes. 

4. Licensee shall not reverse engineer, disassemble or decompile the platform except where and only to the extent that such operations are permitted by applicable mandatory law. 

5. Licensee shall not break or change any codes intentionally. Nor shall Licensee change or remove any marks and/or notices concerning copyright, trademarks or other rights, or references hereto stated in the platform or on the medium upon which the platform may have been delivered. 

6. The Licensee retains all rights to the data and content it uploads to the Platform (“Own Data”). The Licensee hereby grants the Licensor the non-exclusive, worldwide, and free right to save, display, reproduce, transfer, forward, edit, and use the Own Data, everything only to the extent necessary to maintain the range of functions of the Platform in favour of the Licensee. Upon termination of this Agreement, the aforementioned right shall expire. 

7. Life and Termination of the Agreement

 1. This Agreement shall be in force from the registration by the Licensee on the Platform and be valid for the fixed duration of Licence Period. The Agreement may be terminated by the Licensee in writing with a specific notice period set at the commercial proposal. If it is not terminated by either of the Parties, it shall automatically be extended by a Licence Period.  

2. In the event of a substantial violation of this Agreement by one of the Parties thereto, the other Party may terminate this Agreement without notice and effective immediately.  

3. Upon the termination of this Agreement; (i) all Licence and other rights, which the Licensee was granted under this Agreement, shall automatically expire, and (ii) the Licensee shall immediately refrain from any further use of the Platform as well as any Licensor IP. The Licensee itself shall be responsible for downloading and archiving the respective results in a suitable manner. The data of the Licensee will be stored for one year after the termination of the agreement, after this year Licensor shall delete this data, irrevocably and with prior notice. The Licensee has the right to ask for data deletion at any time. 

4. In the event of a termination of the Agreement pursuant, any Licence Fees already paid for services no longer provided due to a premature termination shall be refunded proportionally, provided the Licensee was justified in terminating this Agreement for cause. Early Cancellation. You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term 

5. Provisions of this Agreement which, as to their meaning or contents, shall have to remain in force even after the expiry or termination of this Agreement, in order to accomplish the intended purpose, shall remain in force after the termination of this Agreement. 

8. Applicable Law

1. This Agreement and any dispute or claim arising out of or in connection with it shall be governed by the laws of Spain, both as to interpretation and performance.  

2. The Parties hereby irrevocably submit to the jurisdiction of the ordinary courts, in Barcelona Spain, with regard to any dispute arising out of or in connection with this Agreement. 

9. Miscellaneous

1. This Agreement shall replace any oral and written agreements entered into to date between the parties in the present context. In the event of a conflict between the provisions of this Agreement and Licensee’s general terms and conditions in the commercial proposal document, the terms and conditions of this Agreement shall prevail. 

2. If any provision of this Agreement should be or become invalid or if the Agreement should contain an omission, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, a valid provision that comes closest to the one economically intended by the Parties shall be deemed agreed. The same applies in the case of an omission. 

3. All modifications and/or amendments to this Agreement shall be in writing. This also applies to the amendment or cancellation of this requirement to use the written form. 

4. Without prior written consent by the other Party, any rights arising from this Agreement may not be assigned, with the exception of a transfer of this Agreement or the rights thereof by the Licensor to a subsidiary, affiliate, holding or group company. 

5. Third party infringement: Licensor acknowledges and agrees to release, defend, indemnify and hold harmless, at its expense, any third party action or suit brought against Licensee alleging that the Platform/software infringes intellectual property rights held by any third party (“IP Infringement Claim”), and Licensor will pay any damages awarded in final judgment of a competent court against Licensee that are attributable to any such claim; provided that (i) Licensee notify Licensor promptly in writing of such IP Infringement Claim; and (ii) Licensee will grant Licensor sole authority to handle the defense or settlement of any such claim, suit or proceeding and will provide Licensor with all reasonable information and assistance, at Licensor’s expense. Licensor will not be bound by any settlement that Licensee enter into without Licensor’s prior written consent. If the Platform/software becomes, or in Licensor’s opinion is likely to become, the subject of an IP Infringement Claim, then Licensor may, at its sole option and expense (a) procure for Licensee benefit the right to continue using the Platform/Software; (b) replace or modify the Platform/Software to avoid the IP Infringement Claim; or (c) if options (a) and (b) cannot be accomplished despite Licensor’s reasonable efforts, Licensor may accept return of the Platform/Software and grant Licensee a prorated refund for the remaining license period (if applicable). Notwithstanding the foregoing, Licensor shall have no responsibility for IP Infringement Claim resulting from or based on: (i) modifications to the Platform/Software made by a party other than Licensor or its designee; (ii) Licensee’s failure to use updated or modified Platform/Software provided by Licensor specifically to avoid infringement; or (iii) combination or use of the [Platform/Software with equipment, devices or software not supplied or authorized by Licensor or not in accordance with Licensor’s instructions. 

6. Changes in laws or case laws as well as adjustments of our business model can make it necessary on occasion to change this Terms and Conditions. On this page, you can always see the latest version of the document https://youwindrenewables.com/terms-and-conditions. However, any amendments to the Terms and Conditions will be notified to the Licensee, who will have a defined period within which to object, failing which acceptance of the amendments shall be deemed. 

7. Contact information: If you have additional questions about this Terms and Conditions or would like to submit a request to exercise your rights, please contact us at info@youwindrenewables.com  

8. By accepting the present Terms and Conditions, the Licensee confirms having received, read and accept it.  

 

Version: YWTC250901

Last reviewes and updated, September 2025