Terms of Service

Welcome to Fount!

Fount AS provides its services to you through its website located at www.fount.energy (the “Site”) and through its applications and related services (the “Services”), subject to the following Terms of Service (the “Terms”). The Services are owned and operated by Fount AS (“Fount”, “we”, “us”, “our”), with registered business office at Nygårdsgaten 114, 5008 Bergen, Norway, and company registration no. 818 278 152.

These Terms together with Fount´s Privacy Policy apply to your access to and use of the Services. These Terms also regulate any associated firmware, applications, software, websites, APIs, products, and services that is, or may be, provided by Fount. By registering for the Services and accepting these Terms you enter into an agreement with Fount which allows you to use the Services. If you do not have an account, you accept these Terms by using the Fount Platform.

These Terms apply to both consumers and commercial enterprises using Fount’s Services. A consumer is a person who is not primarily acting as part of a commercial enterprise. Certain rights are provided by Fount solely towards consumers to comply with applicable Norwegian consumer protection laws

1. Access and Use of the Service

Services Description: The Service is designed to provide information, enable purchase and sale of products and services, carry out communication, and give access to other products and services related to the supply and use of energy in the transport and mobility sectors.

Your Registration Obligations: You may be required to register with Fount in order to access and use the Services. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy as can be found on our Site.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. You agree to ensure that you exit from your account at the end of each session when accessing the Service.

Modifications to Service: Fount reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice. You agree that Fount will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.Consumers will be notified in due time in advance of any such modifications.

Right of Cancellation: Consumers have a right of cancellation in accordance with the Norwegian Cancellation Act. By accepting these Terms, consumers have explicitly consented to Fount providing the Services and granting access to the Fount Platform prior to expiry of the cancellation period, and thereby waiving the right to cancel.

2. Conditions of Use

Members: Users of the Services (“Members”) include, but are not limited to, sellers of transport energy (“Sellers”), buyers of transport energy (“Buyers”), and other parties involved in or who have an interest or role in transport energy (“Partners”).

Independent contractor: A Member who uses the Services is an independent contractor and is solely responsible for its own actions. Fount is not a party to any agreement between Members. All dealings are solely between the respective Members, and Fount makes no representations and warranties on behalf of any Member and will have no liability for any interactions between Members. Fount is not responsible for any contracts or proposals between Members other than making such contracts available to the other Members. Fount has no control over and does not guarantee the existence, quality, safety, truth, accuracy, or legality of any goods or services advertised by Members; or the ability of Members to sell goods or services, the ability of Members to pay for any goods or services; or that a Member will actually complete a transaction.

Authorization: You acknowledge that you are authorized to provide, or use offered products and services in accordance with all applicable international, national, and local laws, rules and regulations. You shall defend, indemnify, and hold Fount harmless from and against any and all fines, penalties, judgments, liabilities, expenses and costs of any nature resulting from your failure to comply with all such laws, rules, and regulations.

Non-agency: Fount is not an agent of any Member, and no Member is an agent of Fount. All Members are restricted and unauthorized to perform any legal or financially binding actions on behalf of Fount. Fount does not take possession, custody or control of any energy or quantities thereof at any time. Fount has no responsibility or liability for agreements between Members using the Service. Fount does not guarantee that Members will be paid by other Members using the Services.

Member Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, graphics or other materials that you upload, post, publish or display or email or otherwise use via the Service. To the extent permitted by applicable law, Fount takes no responsibility and assumes no liability for any content or for any loss or damage resulting therefrom, nor is Fount liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter when using the Services. Your use of the Services is at your own risk. Members shall not decompile, disassemble or otherwise attempt to discover source code, object code or underlying databases, structure or algorithms of the Fount Platform or the Services provided. Further, Members shall not modify, translate or create derivative works based on the Fount Platform or the Services provided.

Subscription Price: For access and use of the Services, Fount will charge Members a monthly or yearly Subscription Price (“Subscription Price”), according to current price list for the chosen subscription plan at the time of each purchase renewal. Upon payment of the Subscription Price, Fount grants the Member access to the Fount Platform (as defined below) and use of the Services. The Subscription Price shall be paid in advance, prior to the Member receiving access to the Services for the first time. Fount is authorized to charge your registered credit card or other payment instrument/solution in accordance with the terms of your subscription plan for as long as your subscription continues. Your subscription is continuous until you cancel it, or Fount suspends or otherwise stops providing access to the site and/or Services in accordance with these Terms.

Your subscription plan may be subject to price adjustments, including automatic price increases, during your subscription; and where a price adjustment applies to you, we will charge or invoice you under the new price structure, starting with the next billing period in the subscription term, or otherwise in accordance with the terms of your subscription plan. You will be notified in accordance with section 10. Your continued use of the Service after the price change or fee adjustments becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services. No access or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fount.

Service may be subject to monthly subscription plans and usage fees as agreed.

All applicable charging prices are listed inclusive of VAT. All prices are indicated on the Services before start of the charging process, or any other transaction is initiated. Fount reserves the necessary amount prior to initiation of the charging process. You acknowledge that the final and payable price of the service is directly dependent upon the use. Fount will deliver a receipt of the use of charging Service.

Consumers (B2C) will be informed of changes to the Subscription Price at least one month prior to the implementation of the new pricing. Should a consumer choose not to accept the modified pricing, the consumer will have the right to terminate the Subscription prior to the new pricing taking effect and without incurring costs.

Transaction Fee: Payment for goods and services provided through the Services, and exchange of data, signals etc. to carry out the Services, are facilitated via third-party processing methods and are subject to these providers´ agreements. To cover our financial and data-related costs, Fount will charge a Transaction Fee (“Transaction Fee”) for these transactions. Payment for these Transaction Fees may be invoiced, charged against credit card or other payment instrument, or deducted against payments for transactions between Members. Fount may replace its third-party processing methods without prior notice. Fount reserves the right to offer and change the Transaction Fee under which Fount offers its Services. Any such change will follow mechanisms as set forth in these Terms.

Commercial Use: Unless otherwise expressly authorized in these Terms or in the Services, you agree not to display, distribute, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services

3. Intellectual Property Rights

Content of the Services: You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Fount, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Fount from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited

Software: The technology and software underlying the Services or distributed in connection therewith are the property of Fount (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Fount.

Fount Platform: Fount is the exclusive owner of the Services provided on its platform (“Fount Platform”), and all content comprised and included in the provided Fount Platform, including but not limited to data, photos, images, graphics, videos, audio, text, energy trading regimens, software, copyright, intellectual property rights, and other information, content, and other materials posted, generated, provided, or otherwise made available through the Fount Platform. The Fount Platform, including products, data, services and underlying technology, is or may be legally protected as copyright, trademark, patent, and/or intellectual property. Fount logos and other trademarks on the Fount Platform, and the overall look and feel of the Fount Platform, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without Fount’s prior written approval. Other trademarks, service and/or company names or logos mentioned on the Fount Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder

Trademarks: The Fount name, logos, product names, and service names are trademarks and service marks of Fount (collectively the “Fount Trademarks”). Other Fount, product- and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Fount. Nothing in this Terms or the Services should be construed as granting, by implication, or otherwise, any subscription or right to use any of Fount Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Fount Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Fount be liable in any way for any content or materials of any third parties (including Members), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

User Content: With respect to the content or other materials you upload through the Services or share with other Members (“User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. Unless otherwise agreed, by uploading any User Content, you hereby grant Fount a non-exclusive, worldwide, royalty free, fully paid up, transferable, license to copy, display, upload, store, modify and use your User Content solely in connection with the operation of or improvements to the Services in any form, medium or technology now known or later developed. Fount may collect, analyze and use certain information on an aggregated and fully anonymous basis in order to provide the Services.

Publicity: You acknowledge and agree that Fount may use your name and logo on Fount’s website and marketing materials to identify your relationship with Fount, unless otherwise agreed.

Copyright Policy: Fount respects the intellectual property of others, and we ask Members to do the same. It is Fount’s policy, in appropriate circumstances and at Founts sole discretion, to disable or terminate the accounts of Members who repeatedly infringe the rights of copyright holders. If you believe, in good faith, that any materials on the Fount Platform infringe upon your copyrights, please contact us.

4. Indemnity and Release

You agree to release, indemnify and hold Fount and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of such Indemnitee’s acting with negligence, gross negligence or willful misconduct.

5. Disclaimer of Warranties

The Services is provided to commercial enterprises on an “as is” and “as available” basis. Fount makes no warranty towards commercial enterprises using the Services that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

6. Limitation of Liability

The use of the Services is the sole responsibility of the User.

Fount shall not be held liable for any loss or damage resulting from the use of the Services, except in cases where such loss or damage is directly attributable to Fount’s intentional misconduct or gross negligence. In no event shall Fount's total liability in connection with the Services exceed five hundred Euro (EUR 500,-).

7. Termination

Fount reserves the right to terminate the Subscription with you for any reason with reasonable notice. Termination will take effect at the end of the current billing period. After termination, you will no longer have access to the Services. Fount may immediately after termination deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.

8. Member Disputes

You agree that you are solely responsible for your interactions with any other Member in connection with the Services and Fount will have no liability or responsibility with respect thereto.

9. Processing of personal data

At Fount, we respect the privacy of Members. Fount collects, processes and uses data pertaining to you for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (EU/2016/679), known as GDPR, and other applicable national data protection legislation.

Fount´s Privacy Policy can be found at our Site. By using the Services, you consent to our collection and use of personal data as outlined therein.

10. Entire agreement

These Terms constitute the entire agreement between you and Fount and govern your use of the Services, superseding any prior agreements between you and Fount with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third party software. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Any changes will become effective when posted. Your continued use of the Services after changes are posted constitutes your acceptance of the new Terms

11. Applicable law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Norway. Any dispute, controversy or claim arising out of or relating to these Terms shall be finally settled by the regular courts of Norway. You agree to and accept Bergen district court as legal venue.

12. Notices

All notices or potential Member complaints to Fount in relation to these Terms or the Services shall be sent by email to mail@fount.energy.