Terms of Service

1. The service

Enertecma S.L. (“Enertecma”, “we”, “us”, operating the EnergyData service) provides an Excel add-in and REST API that delivers Spanish and Iberian energy market data (prices, generation, futures, commodities, and related metrics). By using the Service you agree to these Terms.

2. Plans and billing

• We offer Free, Standard, Pro, and Premium plans. Features and request limits vary by plan.
• Paid plans include a 14-day free trial. You will not be charged until the trial ends.
• Subscriptions are billed monthly or annually via Stripe. You can cancel at any time from your dashboard; access continues until the end of the current billing period.
• We may adjust pricing with at least 30 days’ notice. Existing subscriptions are honoured until their next renewal.

3. Acceptable use

You agree not to:

• Redistribute, resell, or sublicense raw data obtained through the Service.
• Share your API key with third parties or use it from multiple organisations.
• Attempt to circumvent rate limits or usage restrictions.
• Use the Service for any unlawful purpose or in a way that could damage, disable, or impair it.
• Reverse-engineer, decompile, or extract the source code of the add-in or API.

We reserve the right to suspend or terminate accounts that violate these terms, without refund for the current billing period.

4. Data sources and attribution

The data delivered through the Service originates from publicly available official sources, including but not limited to OMIE, ESIOS/REE, OMIP, MIBGAS, ENTSO-E, EIA, and SendeCO2. We aggregate and format this data for convenience but are not the original producer. The underlying data remains the property of its respective source.

5. Data disclaimer — IMPORTANT

6. Limitation of liability

To the maximum extent permitted by applicable law:

• Our total aggregate liability for any and all claims arising out of or related to the Service shall not exceed the amounts you have paid to us in the twelve (12) months preceding the event giving rise to the claim.
• We expressly exclude liability for indirect damages, consequential damages, loss of profits, loss of revenue, loss of data, loss of business opportunity, or any special or punitive damages, even if we have been advised of the possibility of such damages.
• During the 14-day trial period of any paid plan (Standard, Pro, Premium), your aggregate liability cap is also zero euros (€0), as no fees have been paid. Trial periods carry no warranties, no service-level commitments, and no refund rights.
• For users on the Free plan, our maximum liability is zero euros (€0).

7. Indemnification

You agree to indemnify, defend, and hold harmless Enertecma S.L. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your reliance on data obtained through the Service.

8. Data ownership and proprietary derivatives

8.1 Underlying market data ownership

The raw market data delivered through the Service originates from public regulatory platforms (OMIE, ESIOS/REE, OMIP, MIBGAS, ENTSO-E, EIA, SendeCO2, and others). The underlying raw data remains the property of its respective original source.

8.2 Permitted use of the data

Subject to your active subscription and the restrictions in §3 (Acceptable use), you may incorporate insubstantial portions of the data into your own analytical workflows, reports, and decision-making. Commercial use of the data, including providing professional services to third parties or generating reports for external clients, is permitted under any paid plan.

8.3 Prohibited uses

You may not:

• Systematically redistribute, republish, or make the raw data publicly available through any channel that competes with or substitutes for the Service.
• Use the data, in whole or in part, as training data, fine-tuning data, embeddings, or any other input for machine-learning or artificial-intelligence models, whether for your own use or for third parties.
• Sub-license, sell, or commercially transfer the data outside the scope of your own subscription.
• Use the data as the basis for financial products, indices, benchmarks, or trading algorithms offered to third parties, without a separate written licensing agreement with Enertecma S.L.

8.4 Proprietary derivatives

Aggregations, derived metrics, and computed values produced by the Service — including but not limited to capture prices by technology, BESS spreads, pre-aggregated hourly/daily/monthly series, normalised zone/timezone mappings, and any other transformation generated by Enertecma — are the intellectual property of Enertecma S.L. You receive only a non-exclusive, non-transferable right to use them under your subscription.

8.5 Brand, software, and documentation

The EnergyData Iberia name and logo, the website, the Excel add-in, the REST API, the MCP server, and all documentation are the intellectual property of Enertecma S.L. They may not be copied, reverse-engineered, or republished without our prior written consent.

8.6 No warranty

See §5 (Data disclaimer) and §6 (Limitation of liability) for the disclaimers and liability limits that apply to the underlying data and to all derivatives.

9. Service availability

We aim to provide a reliable service but do not guarantee uninterrupted or error-free access. We may perform maintenance, updates, or experience outages from third-party providers. We are not liable for any downtime or service interruptions.

10. Account termination

You may delete your account at any time by contacting us at support@energydataiberia.com. We may also terminate or suspend your account if you breach these Terms. Sections 5, 6, 7, 8, and 11 survive termination.

11. Confidentiality

11.1 Mutual confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service, including (without limitation) pricing, configuration data, business plans, and technical specifications.

11.2 Survival

The confidentiality obligations of this section survive termination of these Terms for a period of five (5) years.

11.3 Exclusions

The obligations of confidentiality do not apply to information that:

• is or becomes publicly available without breach of these Terms;
• was lawfully received from a third party not bound by a confidentiality obligation;
• was independently developed without reference to the other party’s confidential information;
• is required to be disclosed by law, regulation, or court order, in which case the recipient shall give the discloser reasonable advance notice where lawful.

12. Personal data protection

12.1 Controller

Enertecma S.L. is the data controller (responsable del tratamiento) for the personal data processed in connection with the Service.

12.2 Applicable law

The processing of personal data is governed by Regulation (EU) 2016/679 (GDPR) and Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (LOPDGDD).

12.3 Privacy Policy

The full description of what personal data we collect, the purposes, legal bases, retention periods, recipients, international transfers, and your rights as a data subject is set out in our Privacy Policy.

12.4 Supervisory authority

You have the right to lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos — AEPD, www.aepd.es) if you believe your personal data is being processed unlawfully.

13. Changes to these terms

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the website at least 30 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance.

14. Governing law and jurisdiction

These Terms are governed by the laws of Spain. Any disputes arising from or related to these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Madrid, Spain.

15. General provisions

15.1 Entire agreement

These Terms (together with the Privacy Policy, Cookie Policy, and Legal Notice) constitute the entire agreement between you and Enertecma S.L. regarding the Service and supersede any prior agreements or understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.3 No waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.4 Notices

Notices to you may be given by email to the address registered with your account. Notices to Enertecma S.L. shall be sent by email to legal@energydataiberia.com.

16. Contact

For questions about these Terms, contact us at legal@energydataiberia.com.