Only the Ukrainian version of the Terms of service has legal force

The version of November 30, 2023

1. GENERAL PROVISIONS

1.1. This Energy Map website is an online service offering access to quality market and statistical data concerning the energy and related sectors (the “Website”), owned by DiXi Group Nongovernmental Organization (address: 02154 Kyiv, Rusanivskyi Boulevard 6, apt. 22; EDRPOU code 36159679) (“DiXi Group”).

1.2. DiXi Group enables Users to use this Website on the terms laid down below (the “Terms”). These Terms represent a legally binding agreement between a User and DiXi Group, made on the terms of accession agreement and having as its subject the provision of Website usage services and/or services offered on the Website to the User.

1.3. By using the Website in any form (viewing materials, creating an account, downloading Content, etc.), the User acknowledges and agrees with these Terms regardless of whether or not the said User has an Account. If a User disagrees with these Terms and does not fully and unconditionally accept them, the User shall refrain from using this Website.

2. DEFINITIONS

Account: a User’s Account created at the time of registration on the Website and allows identifying and authenticating the said User on the Website.

Content: all results of intellectual activity posted on the Website, including but not limited to datasets, resources, design elements, graphic images, illustrations, software, texts, and any other materials.

User: a natural person who reached the age of 18 years, has full legal capacity, has access to the Website and uses it, regardless of whether or not they have an Account.

Website: an online information and analytical resource located at the URL address: https://map.ua-energy.org/, containing textual, graphic, and other information perceived as a single whole and run by a system hardware complex.

Terms: these Website Terms of Use.

Dataset: a collection of structured same-type data concerning a particular topic. It may consist of one resource or a group of separate but closely-related resources run by different information controllers and different data structures, itemization, etc. It also includes metadata.

Resource: a table with numeric and/or textual data structured in a machine-readable format.

3. WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

3.1. All results of intellectual activity posted on the Website, including but not limited to datasets, resources, design elements, graphic images, illustrations, software, texts, and any other materials, all together and separately, represent the copyrighted Content.

3.2. All copyrights and other intellectual property rights to the Website and its Content are owned by DiXi Group and protected by Ukrainian and international laws on intellectual property rights. If a User downloads specific files of the Content on their device, the intellectual property rights shall not pass to that User but shall remain the property of DiXi Group.

3.3. Any use of the Content contrary to these Terms shall constitute a violation of DiXi Group’s copyrights and other intellectual property rights and may entail liability provided by law. In such a violation, DiXi Group may exercise all its rights and legal remedies, including demand for compensation of damages.

4. REGISTRATION ON THE WEBSITE

4.1. A User can use this Website by registering on it and creating an Account or viewing the Website without registration and without creating an account.

4.2. If a User registers on the Website and creates an Account, they can, in addition to viewing the Website, download the entire free Content and certain paid Content (subject to payment of a fee) according to the enabled technical functional. The procedure of accessing the Content by registered Users is outlined in paragraphs 5.2 and 5.3 of these Terms.

4.3. To register on the Website, a User must complete a registration form and enter required information, particularly e-mail address. When registering on the Website, a User shall create a password, bearing personal responsibility for its security.

4.4. By registering on the Website, a User provides consent to receiving e-mails about Content updates. These e-mails will be regularly sent to the User’s e-mail address when creating an Account, and concern the Content, the User, selected themselves using the “follow” function.

4.5. A User bears responsibility for providing valid and accurate information about themselves.

4.6. If DiXi Group discovers any false or inaccurate information provided by a registered User, DiXi Group reserves the right to suspend or delete that User’s Account at any time.

4.7. Every Account on the Website can be used by one User only. Users are prohibited from providing Account data to third parties.

4.8. If DiXi Group discovers the instances of providing Account data to third parties or joint cases of use of an Account, DiXi Group may suspend or delete that Account.

5. CONTENT ACCESS TERMS

5.1. Terms of accessing the Content by unregistered Users

5.1.1. A User using the Website without creating an Account can view the Website, search for and view only a certain portion of the Content (dashboards, datasets, etc., according to the enabled technical functional) without being able to download the Content.

5.2. Terms of accessing free Content by registered Users

5.2.1. A registered User can view the Website, search for and view the Content, and download a certain portion of the Content designated on the Website for free.

5.2.2. To download free Content, a User should click on the relevant button, select the desired file format and language, or click on the appropriate button against the document chosen from the list of resource files. After that, the selected free Content will be automatically downloaded to the User’s device.

5.2.3. A User can also receive access to free Content (particularly resources and analytical documents) without using the Website interface by using АРІ token available in the User’s “My Account”.

5.2.4. As soon as free Content becomes available for downloading, DiXi Group shall be deemed to have duly provided full access to the Content.

5.3. Terms of accessing paid Content by registered Users

5.3.1. General provisions

5.3.1.1. A portion of the Website’s Content can be provided to registered Users for downloading only in exchange for payment: purchasing a subscription or paying a one-time fee.

5.3.1.2. DiXi Group may change the amount of fee charged for access to paid Content (a subscription fee or a one-time fee). A User will be charged a fee for access to paid Content in the amount effective on the purchase date.

5.3.1.3. Payments for access to paid Content are charged in the hryvnia, the official currency of Ukraine.

5.3.1.4. Payments can be made by:

1) a bank card on the Website via a payment system operator. In that case, a payment is considered completed at the time of crediting the payment amount to the payment system’s Account. After the payment amount is credited to the payment system’s Account, the purchased Content becomes automatically accessible.

2) bank wire against the invoice issued to the User. In that case, a payment is considered completed after DiXi Group confirms crediting the payment amount to the bank account stated in the invoice issued to the User. The purchased Content becomes accessible after confirmation of crediting the payment amount to the bank account and solely on a weekday.

5.3.1.5. Paid Content becomes available for downloading only after the User makes a full payment in accordance with these Terms.

5.3.1.6. As soon as the Content becomes available for downloading in accordance with these Terms, DiXi Group shall be deemed to have duly provided full access to the Content.

5.3.1.7. The Content becomes available to a User at the time of purchasing the access to it and cannot be returned.

5.3.1.8. If a User purchased access to particular Content but cannot download it for technical or any other reasons on the User’s side, the User’s payment shall not be refunded, and the Content shall be considered duly received. A refund can be made only if (1) DiXi Group provided (a) nonworking file(s) impossible to reproduce or save, as proved by check made by DiXi Group, and (2) DiXi Group cannot replace this (these) file(s).

5.3.2. Subscription-based access to paid Content

5.3.2.1. A User can receive access to certain downloadable paid Content by purchasing a subscription. Information about subscription plans (basic, standard and other), fees, periods, payment and other terms is provided on the Website and can be changed by DiXi Group.

5.3.2.2. To receive subscription-based access to downloadable paid Content, a User should select the desired subscription plan on the Website and pay the subscription fee in accordance with subparagraph 5.3.1 of these Terms.

5.3.2.3. A User who purchased a subscription can download the selected Content from the Website by clicking on the relevant button and selecting the desired file format and language, or by clicking on the relevant button against the document selected from the list of resources files. After that, the chosen Content will be automatically downloaded to the User’s device.

5.3.2.4. A User can also receive access to the Content (in particular, resources and analytical documents) without using the Website interface, by using their personal АРІ token available in the User’s “My Account”.

5.3.2.5. Paid Content remains available to a User for downloading only for the duration of the subscription period. DiXi Group does not offer the option of automatically debiting the subscription fee amount from the User’s Account and prolonging the subscription for the next period.

5.3.2.6. A User can cancel their subscription for paid Content by notifying DiXi Group about it using the feedback form or by e-mail to: [email protected]. If a User cancels their subscription for paid Content, the subscription fee will not be refunded, subject to provisions of subparagraph 5.3.1.8 of these Terms.

5.3.3. access to paid Content by paying a one-time fee

5.3.3.1. A User can receive access to certain downloadable paid Content by paying a one-time fee for the selected Content.

5.3.3.2. A User can download the purchased Content by (1) downloading it from the link sent to the User’s e-mail address, and/or by (2) downloading it directly from the Website by clicking on the relevant button and selecting the desired file format and language, or by clicking on the relevant button against the document selected from the list of resource files. A User can also receive access to the purchased Content (in particular, resources and analytical documents) without using the Website interface by using personal АРІ token available in the User’s “My Account”.

5.3.3.3. The history of paid Content purchases by paying one-time fees is stored in the relevant section of the User’s “My Account”.

5.3.3.4. A User can download the purchased Content files again by: (1) downloading them directly from the Website using the link available in the transaction history section of the User’s “My Account”, or by (2) downloading it from the link sent to the User’s e-mail address. A User can download the purchased Content file(s) again in the version in which it (they) existed at the time of purchasing this (these) file(s).

5.3.3.5. The purchased Content remains available for downloading during 72 (seventy-two) hours after making payment for this Content. Upon expiration of the aforementioned period, the said Content becomes unavailable for downloading.

5.3.3.6. A User can also receive access to the purchased Content file(s) by placing a request using the feedback form on the Website, but only if the User is able to prove that they cannot download the Content using other methods described in these Terms. DiXi Group reserves the right to decide whether to grant or deny access to downloading the said Content.

6. PROCEDURE OF USING THE WEBSITE AND THE CONTENT

6.1. DiXi Group grants Users a limited, nonexclusive, revocable and sublicensing-prohibited license to use the Website and any Content on the Website on the following terms and conditions (unless a different type of license is required for the use of certain Content under paragraph 6.2 of these Terms):

6.1.1. Users can view and download the Website Content, subject to observance of DiXi Group’s copyrights and other intellectual property rights.

6.1.2. Users are prohibited from altering, copying, disseminating, republishing, posting, decompiling and transferring (transmitting, uploading to other servers, etc.) paid Content, providing access to downloading of paid Content by third parties, and using paid Content in any different manner without prior written permission by DiXi Group, except for personal use and public reproduction in accordance with subparagraph 6.1.4 of these Terms.

6.1.3. If the User aggregates paid Content available on the Website, i.e., generalizes data (for example, aggregates monthly data into annual data), the User can use this data in an aggregated format without seeking prior permission from DiXi Group, but with the obligatory indication of the source (a hyperlink to the Website page on which this Content is available).

6.1.4. Users can publicly reproduce the Content (paid, subject to provisions of subparagraph 6.1.3 of these Terms, and free) for information purposes without seeking prior permission from DiXi Group, but with the obligatory indication of the source (a hyperlink to the Website page on which this Content is available). 

6.1.5. Free Content is permitted for use in any manner, but with the obligatory indication of the source (a hyperlink to the Website page on which this Content is available).

6.1.6. Users are prohibited from using the Website and the Content in a manner that violates these Terms and Ukrainian law, or could inflict losses upon DiXi Group, damage its business reputation, or obstruct or disrupt the Website’s functioning.

6.2. To use certain Content (in particular, resources), a different type of license with special terms of use (superseding the provisions of this Section in the event of nonconformity with them) could be required. In that case, information about the type of the required license will be provided on the Website, and Users must read it before requesting access to the Content.

6.3. Users must refrain from the attempts to hack this Website and accounts of other users, from the attempts to interact with the Website in any other malicious manner, and from any other actions aimed to alter the Website’s functional characteristics and destabilize its performance.

7. PERSONAL DATA PROTECTION

7.1. DiXi Group is committed to maintaining the confidentiality of the website users’ personal data. Users must read the Privacy Policy, which explains what personal data DiXi Group collects and for what purpose, and the procedure of collecting, using and protecting personal data. By agreeing with the Privacy Policy when registering on and using the Website, a User gives consent to collect and process their personal data.

8. DISCLAIMERS AND RESPONSIBILITY

Use of the Website on an “as is” and “as available” basis

8.1. DiXi Group provides the entire information posted on the Website and services offered on the Website on an “as is” and “as available” basis. It means that DiXi Group does not guarantee that the Website, the Content posted on it and the services offered on the Website will meet the goals and expectations of the User or any other persons. DiXi Group does not give any warranties and assurances, whether express or implied, concerning the Content of this Website, its qualitative parameters or suitability for particular purposes.

Disclaimer of liability: general provisions

8.2. DiXi Group cannot be held liable for any direct or indirect losses or for any damages resulting from the use of, or inability to use, this Website or the Content posted on it.

Disclaimer of liability: Website performance

8.3. DiXi Group takes all possible efforts to ensure the proper performance of the Website and maintain the Content posted on it. At the same time, DiXi Group may suspend the Website or certain pages or functions thereof at its own discretion without prior notice to Users for maintenance, improvement, or other reasons.

8.4. DiXi Group cannot be held liable for any damages resulting from: the inaccessibility of, or interruption of access to, the Website; any technical errors or malfunctions in the Website; the absence of internet connection between the User’s device and the Website server, or between the Website server and the Internet; updates of the Website software; any viruses, errors, etc. transmitted to or from the Website or from third-party websites; any other risks related to the Website use. If the User’s equipment would need to undergo maintenance or repair as a result of using this Website, all costs related to the said maintenance or repair work shall be borne by the User.

Interaction with third-party services

8.5. Third-party websites and online services are also used to ensure proper performance of the Website, and the Website may contain links to them. DiXi Group does not own or control these services and cannot bear responsibility for these services’ performance, Content, and security. DiXi Group urges Users to carefully read the terms of use and privacy policies of third-party websites and online services.

8.6. DiXi Group cannot bear responsibility for the performance of payment systems, banking institutions, payment services, telecommunications operators, Internet access providers, and other services.

8.7. Responsibility for all money transfers made by a User is fully borne by the user’s payment systems, banking institutions, and payment services.

9. TERMINATION OF WEBSITE ACCESS

9.1. A User can terminate access to the Website at any time by discontinuing the use thereof.

9.2. A registered User can delete their personal Account by (1) using the relevant function in the User’s “My Account”, or by (2) e-mailing a request to: [email protected]. The User’s Account will be deleted within three days after DiXi Group receives a request to delete the Account.

9.3. DiXi Group may suspend or delete a User’s Account at its own initiative upon occurrence or discovery of any of the following circumstances:

9.3.1. breach of these Website Terms of Use by the User;

9.3.2. DiXi Group has reasons to believe that the User’s actions do or could cause damage to other Users, DiXi Group, or the Website’s performance (for example, by hacking the Website, using the User’s device to facilitate DDoS attacks, etc.);

9.3.3. the User provided personal data of other persons when creating the Account;

9.3.4. the User provided any false or inaccurate information, in particular, but not exclusively, when making a payment for the Content.

9.3.5. The User is a citizen and/or lives/stays on the territory of the Russian Federation or is otherwise connected with it, and/or personal sanctions have been imposed on the User in accordance with the decisions of the competent bodies of Ukraine, and/or the European Union, and/or the United States of America.

9.3.6. The User utilizes an email address registered on sites in the .ru domain zone or on sites that have been sanctioned in accordance with the decisions of the competent bodies of Ukraine and/or the European Union and/or the United States of America, or if the owners or operators of such sites are individuals or companies that have been subjects to such sanctions.

9.3.7. The user posts (publishes) the materials of this Site on sites that have been sanctioned in accordance with the decisions of the competent bodies of Ukraine and/or the European Union and/or the United States of America, or if the owners or operators of such sites are individuals or companies that have been subjects to such sanctions.

9.4. The User whose account was suspended or deleted will receive a notice for reasons for Account suspension or deletion when attempting to enter the Account. DiXi Group reserves the right to suspend or delete the User's Account if DiXi Group has any reason or suspicion to believe that such a User falls under the criteria defined in paragraph 9.3. of the Terms without any explanation given as for the reasons.

9.5. A User whose Account was deleted can continue to use the Website by viewing the Website, searching for and viewing free Content (dashboards, datasets, etc., according to the enabled technical functional), without being able to download the Content.

9.6. A User whose Account was deleted cannot download paid Content purchased before their Account was deleted. The payment for the purchased Content (a subscription fee or a one-time fee) will not be refunded to the User, regardless of whether or not the said Content was downloaded to the User’s device.

9.7. If a User creates another Account using the same data used for the deleted Account for registration purposes, the deleted Account will not be reinstated.

9.8. If DiXi Group discovers the commission by a User of any violations mentioned in paragraph 9.3 of these Terms, DiXi Group reserves the right to deny services offered on this Website to the said User.

10. APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE

10.1. All legal relationships arising from these Terms are governed by Ukrainian law.

10.2. A User and DiXi Group shall seek resolution of all disagreements arising from these Terms by negotiation in accordance with the principles of good faith and cooperation.

10.3. If a User and DiXi Group cannot resolve a dispute by negotiation, the said dispute shall be resolved in accordance with Ukrainian law.

11. MAKING CHANGES IN THE TERMS

11.1. DiXi Group may revise these Terms without prior notice.

11.2. Changes in the Terms enter into force and become binding upon Users, on the date of posting the revised version of these Terms on this page. Every time DiXi Group makes changes in the Terms, the effective date of the revised version hereof will be shown in the upper part of this page.

11.3. DiXi Group recommends that Users check these Terms every time they visit the Website to be aware of any changes. By continuing to use the Website after the publication of changes, a User agrees with and accepts the revised version of the Terms with all changes. If a User disagrees with the changes, the said User shall refrain from using this Website.