Terms of Service

Last updated: 19 May 2026

These Terms of Service (“Terms”) form a binding agreement between you (the “Customer”, “you”) and Rudig Consultores Lda, trading as “bessmo” (“bessmo”, “we”, “us”) and govern your access to and use of the bessmo platform, websites, APIs and related services (together, the “Service”).

By creating an account, accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and “Customer” refers to that organisation.

The Service is offered to business users only. If you are a consumer acting outside the scope of your trade, business, craft or profession, please do not use the Service.

1. Definitions

• “Account” means the Customer’s account on the Service.
• “Authorized Users” means individuals authorised by the Customer to use the Service through the Account.
• “Credits” means the units of consumption used to access certain features of the Service, as described in our pricing materials.
• “Customer Data” means all data, files, configurations and other content uploaded to or generated within the Service by or for the Customer.
• “Documentation” means the user-facing documentation made available by bessmo for the Service.
• “DPA” means the Data Processing Agreement available at www.bessmo.com/legal/dpa, which is incorporated into these Terms.
• “Order” means a subscription, plan selection or credit purchase placed by the Customer through the Service.
• “Output” means simulation results, optimisation outputs, reports, charts and other materials produced by the Service from Customer Data.
• “Privacy Policy” means our privacy policy at www.bessmo.com/legal/privacy.

2. The Service

2.1 What bessmo does

bessmo provides a software platform for the simulation and economic optimisation of battery energy storage systems (“BESS”). The Service allows the Customer to upload data describing a battery asset and applicable market and operational parameters, runs optimisation and simulation algorithms over that data, and returns Output describing modelled revenues, dispatch profiles and related metrics.

2.2 What bessmo is not

The Service is a software tool that produces modelled estimates based on the inputs and assumptions provided by the Customer. It is not:

• a forecast of actual market or asset performance;
• investment, financial, trading, tax, legal or engineering advice;
• a regulated financial service;
• a balancing-responsible-party, energy-supplier or trading service;
• a substitute for the Customer’s own due diligence, professional advisers or risk management.

See also the disclaimer at Section 12.

2.3 Changes to the Service

We may update, modify, add or remove features of the Service from time to time. We will not materially reduce the core functionality of a paid plan during its current term without notice. New features may be made available subject to additional terms.

3. Accounts and access

3.1 Registration

To use the Service, the Customer must register for an Account, provide accurate and complete information, and keep that information up to date.

3.2 Authorized Users

The Customer is responsible for the acts and omissions of its Authorized Users as if they were its own. The Customer shall ensure that each Authorized User complies with these Terms.

3.3 Credentials and security

The Customer is responsible for safeguarding its credentials and for any activity that occurs under the Account. The Customer must notify us promptly of any unauthorised use of the Account or any other suspected security incident.

3.4 Eligibility

The Customer represents that it is at least 18 years old, has full legal capacity to enter into these Terms, and is not subject to any sanctions or trade restrictions that would prohibit its use of the Service.

4. Customer Data and Outputs

4.1 Ownership

As between the parties, the Customer retains all rights, title and interest in and to Customer Data and Outputs. We acquire no rights in Customer Data or Outputs except the limited licence in Section 4.2.

4.2 Licence to bessmo

The Customer grants bessmo a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process, display and otherwise use Customer Data and Outputs solely as necessary to (i) provide, secure and support the Service, (ii) comply with law, and (iii) prevent or address technical or security issues.

4.3 Aggregated and anonymised data

bessmo may generate and use aggregated, de-identified data derived from use of the Service for product improvement, benchmarking and analytics, provided that such data does not identify the Customer, any individual or any specific Customer asset, and is not used to disclose any of the Customer’s confidential information.

4.4 Customer responsibility for inputs

The Customer is solely responsible for:

• the accuracy, quality, legality and completeness of Customer Data;
• having all rights and lawful bases necessary to upload Customer Data to the Service;
• the decisions it takes on the basis of Outputs.

4.5 Backup

The Customer is responsible for maintaining its own backups of Customer Data outside the Service. bessmo’s backups are for service operation and disaster recovery only and are not a substitute for the Customer’s own backups.

5. Acceptable use

The Customer shall not, and shall not permit any Authorized User or third party to:

• (a) use the Service in violation of applicable law or regulation;
• (b) upload or transmit any data that infringes third-party rights or contains malware;
• (c) attempt to reverse engineer, decompile or disassemble the Service except as expressly permitted by mandatory law;
• (d) access the Service in order to build a competitive product or copy its features or user interface;
• (e) resell, sublicense or make the Service available to third parties outside the Customer’s organisation, except as expressly permitted;
• (f) interfere with or disrupt the integrity, availability or performance of the Service or any data contained therein;
• (g) attempt to gain unauthorised access to the Service, related systems or networks, or other customers’ data;
• (h) use the Service to send unsolicited communications, conduct phishing, or otherwise abuse the Service or its users;
• (i) use the Service for the development, training or evaluation of artificial-intelligence or machine-learning models without our prior written consent;
• (j) upload personal data falling within Article 9 or Article 10 GDPR;
• (k) circumvent or attempt to circumvent any usage limits, security measures or access controls.

We may suspend or terminate access in response to a violation of this Section in accordance with Section 14.

6. Subscriptions, Credits and payment

6.1 Plans and Credits

Access to the Service is provided on a paid basis, through subscription plans, Credit purchases or a combination of both, as described on our pricing pages and in the Customer’s Order.

6.2 Credit consumption

Credits are consumed as the Customer uses certain features of the Service. We will use commercially reasonable efforts to display Credit balances and consumption in the Service. Unused Credits remain valid for the period stated at the time of purchase or, if none, for twelve (12) months from the date of purchase.

6.3 Non-refundability

Except where required by mandatory law, Credits and pre-paid subscription fees are non-refundable. Termination of these Terms does not entitle the Customer to a refund of any pre-paid amounts except as expressly set out in Section 14.4.

6.4 Fees, invoicing and taxes

The Customer shall pay the fees applicable to its Order. All fees are stated exclusive of value-added tax (VAT) and other applicable taxes, which shall be added where required. The Customer is responsible for any withholding taxes; if the Customer is required to withhold any tax, the fees payable shall be grossed up so that bessmo receives the full amount stated on the invoice.

6.5 Payment method

Fees are payable by bank transfer (or such other method as bessmo may make available) against an invoice issued by bessmo. Invoices are payable within fourteen (14) days of the invoice date, unless a different period is specified on the invoice or otherwise agreed in writing. bessmo may introduce additional payment methods (such as card payment through a third-party payment processor) in the future, in which case the relevant terms will be communicated to the Customer.

6.6 Late payment

Without prejudice to any other remedy, we may charge late payment interest on overdue invoices at the maximum rate permitted by applicable law and may suspend the Service for non-payment after at least ten (10) days’ prior notice.

6.7 Auto-renewal

Subscription plans renew automatically for successive periods of the same length unless cancelled before the end of the then-current term. The Customer may cancel auto-renewal through the Service or by contacting us.

6.8 Changes to pricing

We may change pricing for new Orders at any time. For renewals of existing subscriptions, we will give at least thirty (30) days’ notice of any price change before it applies; if the Customer does not accept the change, it may cancel before the next renewal.

7. Free trials and signup credits

Where we offer free trials or signup Credits, they are provided for evaluation purposes only, are non-transferable and may be subject to additional terms. We may modify or withdraw free trials and signup Credits at any time. We do not warrant Service availability or performance during free trials.

8. Intellectual property

8.1 bessmo IP

We retain all rights, title and interest in and to the Service, the underlying software, models, algorithms, user interface, Documentation and all related intellectual property, including all derivative works, modifications and improvements thereof. Subject to the Customer’s compliance with these Terms, we grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the term solely for its internal business purposes.

8.2 Feedback

If the Customer provides feedback, suggestions or ideas about the Service, the Customer grants us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up licence to use that feedback for any purpose without restriction or compensation.

9. Confidentiality

9.1 Definition

“Confidential Information” means non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”) that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Customer Data is the Confidential Information of the Customer. The Service, its features and non-public pricing are the Confidential Information of bessmo.

9.2 Obligations

The Recipient shall (a) use the Discloser’s Confidential Information only to perform its obligations or exercise its rights under these Terms, (b) protect it using at least the same care it uses to protect its own confidential information of a similar nature (and no less than reasonable care), and (c) not disclose it to any third party except to its personnel, advisers and sub-processors who need to know and are bound by confidentiality obligations no less protective.

9.3 Exclusions

Confidentiality obligations do not apply to information that is or becomes public through no fault of the Recipient, is rightfully received from a third party without restriction, was already known by the Recipient without restriction, or is independently developed without use of the Discloser’s Confidential Information. The Recipient may disclose Confidential Information as required by law, provided that it gives the Discloser reasonable prior notice (where lawful) and cooperates in any effort to limit or contest disclosure.

10. Data protection

10.1 Roles

To the extent bessmo processes personal data on behalf of the Customer, the Customer is the controller and bessmo is the processor. Our processing is governed by the DPA, which forms part of these Terms.

10.2 Privacy Policy

Our processing of personal data in our own capacity as controller (for example, the personal data of the Customer’s billing or administrative contacts) is described in the Privacy Policy.

10.3 Customer's obligations

The Customer warrants that it has all rights, consents and lawful bases required under applicable data protection law to upload any personal data contained in Customer Data to the Service and to instruct bessmo to process it. The Customer shall not upload special categories of personal data within the meaning of Article 9 or 10 GDPR.

11. Security and availability

We implement and maintain technical and organisational measures designed to protect the Service and Customer Data against unauthorised access, disclosure, alteration or destruction, as described in the DPA. We do not commit to a specific uptime service-level under these Terms; any service-level commitments are set out in a separate service-level annex if and where agreed in writing.

12. Disclaimer regarding Outputs

The Customer acknowledges and agrees that:

• (a) Outputs are modelled estimates produced by algorithms operating on inputs and assumptions provided by the Customer;
• (b) real-world outcomes will differ, often materially, from Outputs, due to factors including but not limited to market volatility, regulatory change, battery degradation patterns, weather, equipment failures, operational decisions, dispatch latency, counterparty behaviour and forecasting error;
• (c) Outputs do not constitute, and shall not be relied upon as, investment, financial, trading, tax, legal or engineering advice;
• (d) the Customer is solely responsible for any decisions or actions taken in reliance on Outputs, including any investment, financing, procurement, dispatch, trading or operational decision;
• (e) the Customer shall make its own independent assessment, including by engaging qualified professional advisers as appropriate.

Without limiting Section 13, bessmo accepts no liability for any decision, action or omission of the Customer or any third party in reliance on any Output.

13. Warranties and limitation of liability

13.1 Limited warranty

We warrant that we will provide the Service with reasonable skill and care.

13.2 Disclaimer

Except as expressly set out in these Terms and to the maximum extent permitted by law, the Service and Outputs are provided “as is” and “as available”, and we disclaim all other warranties, representations, terms and conditions, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, completeness, non-infringement or uninterrupted operation.

13.3 Exclusion of certain damages

To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any loss of profit, revenue, business, anticipated savings, goodwill, data, or trading or investment losses, in each case howsoever arising, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

13.4 Liability cap

To the maximum extent permitted by law, each party’s aggregate liability arising out of or in connection with these Terms in any twelve (12) month period shall not exceed the greater of (i) the total fees actually paid by the Customer to bessmo under these Terms in the twelve (12) months preceding the event giving rise to the liability, and (ii) EUR 1,000.

13.5 Excluded from cap

Nothing in these Terms limits liability that cannot be limited under applicable law (including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability the limitation of which is prohibited by law).

13.6 Allocation of risk

The Customer acknowledges that the fees reflect the allocation of risk set out in this Section and that these limitations are an essential element of the bargain between the parties.

14. Term, suspension and termination

14.1 Term

These Terms commence on the date the Customer first accepts them and continue for the duration of the Customer’s subscription(s) and/or until all Credits are consumed or expired, and thereafter until terminated in accordance with this Section.

14.2 Termination for convenience

The Customer may terminate its Account at any time by following the cancellation procedure in the Service. Termination for convenience does not entitle the Customer to a refund of pre-paid fees except as required by mandatory law.

14.3 Termination for cause

Either party may terminate these Terms with immediate effect by written notice if (a) the other party materially breaches these Terms and fails to cure the breach within thirty (30) days after written notice (or immediately if the breach is incapable of cure), or (b) the other party becomes insolvent, ceases to do business, or is the subject of any bankruptcy, liquidation or similar proceedings.

14.4 Suspension

We may suspend the Customer’s access to the Service with or without notice if (a) the Customer is in breach of these Terms, including non-payment, (b) the Customer’s use poses a security, legal or reputational risk to bessmo, the Service or other customers, or (c) suspension is required by law.

14.5 Effect of termination

On termination: (a) the Customer’s right to access the Service ceases; (b) all unpaid invoices become immediately due; (c) for thirty (30) days after termination, the Customer may request export of Customer Data (in a format reasonably available within the Service); thereafter we may delete Customer Data in accordance with the DPA; (d) Sections that by their nature should survive termination (including 4.1, 6.3, 8, 9, 10, 12, 13, 14.5, 15 and 16) shall survive.

15. Indemnification

The Customer shall defend, indemnify and hold bessmo harmless from and against any third-party claim, and any related liabilities, damages, costs and expenses (including reasonable legal fees), arising out of or related to (a) the Customer’s use of the Service in breach of these Terms or applicable law, (b) Customer Data or its upload to the Service, or (c) the Customer’s decisions or actions taken in reliance on Outputs.

16. General

16.1 Notices

Notices to the Customer may be given via email to the address associated with the Account or through the Service. Notices to bessmo shall be sent to contact@bessmo.com or such other address as we may notify.

16.2 Changes to these Terms

We may amend these Terms from time to time. We will notify the Customer of material changes through the Service or by email at least thirty (30) days before they take effect. The Customer’s continued use of the Service after the effective date constitutes acceptance of the amended Terms. If the Customer does not accept the amended Terms, its sole remedy is to stop using the Service and to terminate in accordance with Section 14.

16.3 Force majeure

Neither party shall be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, governmental action, pandemic, internet or telecommunication failure, denial-of-service attacks or cloud-infrastructure provider outage. Payment obligations shall not be excused under this clause.

16.4 Assignment

The Customer may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets.

16.5 Subcontracting

We may use subcontractors and sub-processors to perform our obligations, provided that we remain responsible for their acts and omissions.

16.6 Entire agreement

These Terms (including the DPA, Privacy Policy and any Order or written annex referenced) constitute the entire agreement between the parties regarding the Service and supersede all prior agreements and understandings.

16.7 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force, and the invalid provision shall be replaced by a valid provision that most closely matches the intent of the original.

16.8 No waiver

Failure to enforce any provision shall not constitute a waiver of that or any other provision.

16.9 No partnership

Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.

16.10 Governing law and jurisdiction

These Terms are governed by the laws of Portugal, without regard to its conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts of Lisbon for any dispute arising out of or in connection with these Terms, without prejudice to any mandatory rights of consumers or to the right of either party to seek injunctive relief in any competent court.

16.11 Contact

Rudig Consultores Lda (trading as bessmo)
Rua da Barroca 6, 2º Esq, 2655-240 Ericeira, Portugal
NIPC: 518031292
Email: contact@bessmo.com