PROSPECT TERMS OF USE

Version: 3.0 Last Updated: 2026-05-24 Effective Date: 2026-05-25

PROSPECT, a data platform operated by Access to Energy Institute. PROSPECT provides its software on an open source, free of charge basis, to help its users collect, aggregate, analyze and display data from any modern renewable energy solution.

These PROSPECT Terms of Use apply to all PROSPECT users.

1. PLATFORM OVERVIEW

1.1 Data Protection

For data processing activities, lawful basis, data subject rights, subprocessors, international transfers, and security measures, see the PROSPECT Data Protection Policy.

1.2 RBF Program Operators

If you operate a Result Based Financing (RBF) program through PROSPECT, A2EI acts as a data processor on your behalf. A Data Processing Agreement (DPA) governs this relationship and is available upon request at dpo@prospect.energy. For detailed processing activities, see the PROSPECT Data Protection Policy.

1.3 Contact

General: prospect@prospect.energy | DPO: dpo@prospect.energy | Support: support@prospect.energy

2. ACCESS & REGISTRATION

2.1 Invite-Only Access

PROSPECT operates on an invite-only basis. If you are interested in using the platform, please contact us at prospect@prospect.energy to learn about requirements and request access. PROSPECT may, at its absolute discretion, refuse to register a user.

2.2 Authorized Users

Account sharing is strictly prohibited. Each PROSPECT account is assigned to a specific invited individual or legal entity and may only be used by that person. By accessing and using PROSPECT, you confirm that you have read, understood, and agreed to be bound by the PROSPECT Policies. Users are solely responsible for all activity occurring under their account.

2.3 Eligibility

PROSPECT is a business-to-business (B2B) platform. You must be at least 18 years of age and legally capable of entering into binding agreements to create and maintain a PROSPECT account. If you are using PROSPECT on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use.

3. USER RESPONSIBILITIES & DATA QUALITY

3.1 Data Provider Responsibility & Legal Compliance

Data Providers bear sole responsibility for the legality, reliability, accuracy, and quality of all data provided to PROSPECT, as well as its use. Users must ensure that all data has been legally obtained and is shared without breaching any legal duty owed to a third party, including contractual obligations and confidentiality duties. Data must comply with all applicable national laws, including consumer protection and data protection laws. Users must also respect the intellectual property rights of third parties. Only the Data Provider may upload, modify, update, or share their data with other users.

3.2 Data Quality Checks

PROSPECT performs automated data completeness checks. If data is rejected or marked as inconclusive, users will be given the opportunity to improve their datasets.

3.3 Removal of Non-Compliant Data

PROSPECT reserves the right to remove any material or information provided by users if, in PROSPECT's opinion, such material conflicts with current laws. PROSPECT will not remove data solely because it is incomplete or does not meet quality standards.

4. DATA OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

4.1 User Data Ownership & Sharing

All data provided to PROSPECT by registered Data Providers is the property of the registered Data Provider. This ownership extends to the data itself and excludes ownership of the functionalities provided by PROSPECT, including graphical dashboard and visualization functionalities. PROSPECT provides users with the functionality to share all their datasets or segments thereof, including dashboards and reports. The sharing of information or data with other registered users, or any third party, shall be subject to the express consent of the Data Provider. PROSPECT will not provide access to any third party without such consent.

4.2 Software License

The PROSPECT platform, including its source code, design, user interface, graphics, and compilation, is owned by A2EI or its licensors and is protected by intellectual property laws. The PROSPECT software is released under the GNU Affero General Public License v3 (AGPL-3.0). The LICENSE is available in the public PROSPECT repository.

4.3 Trademarks

The PROSPECT name, logo, and related marks are trademarks of A2EI. You may not use these marks without the prior written permission of A2EI.

5. PLATFORM PRINCIPLES

5.1 Free Use

Users may freely use PROSPECT, provided it is in conformity with these PROSPECT Terms Of Use and any applicable law.

5.2 Data Collection Principle

PROSPECT does not collect your data other than at your instigation and your full control. PROSPECT provides the platform functionalities only.

5.3 Data Content Disclaimer

PROSPECT is not responsible for data content, data veracity or completeness.

5.4 PII Protection & Classification

PROSPECT provides technical measures to encrypt or anonymize data containing PII. Users may upload custom data, including PII. It is the user's responsibility to properly map and mark their data so that applicable PII protection techniques (encryption, anonymization) are correctly applied. Where data is properly mapped and marked, PROSPECT will apply the appropriate protection measures; where data is not properly mapped or marked, protection measures may not be applied. Users bear full responsibility for ensuring their data is correctly classified before upload. For details on available protection techniques, see the PROSPECT Data Protection Policy.

5.5 Compliance with Policies

A2EI and any entity or individual operating under PROSPECT shall be obliged to comply with the PROSPECT Data Protection Policy.

5.6 Data Anonymization Rights

PROSPECT reserves the right at all times to request anonymization or the removal of any data at risk of PII or of a violation of the PROSPECT Data Protection Policy.

5.7 Liability for Shared Data

A2EI shall not be liable for any use of data, dashboards, schemes, or other information available in PROSPECT that is shared by users or Data Providers with other registered users with the express consent of the relevant user or Data Provider.

5.8 Data Portability & Export

A2EI strives to manage PROSPECT transparently and will present data in a clear, consistent, structured, and accessible format. Users can export their data at any time in a structured, commonly used, machine-readable format (CSV, JSON) via the PROSPECT platform interface, in accordance with GDPR Article 20. Users may also remove and transfer their data at any time.

5.9 Fair Use

PROSPECT is operated as a Digital Public Good in support of expanding access to modern renewable energy. To preserve the availability, performance, and affordability of the shared platform for the broader community of mission-aligned users — including non-profits, governments, program operators, and partner organizations — use of PROSPECT must remain within reasonable limits proportionate to legitimate energy access activities.

A2EI may determine, at its sole discretion, whether a user’s consumption of platform resources is consistent with this Fair Use principle. Indicators of usage exceeding Fair Use include, but are not limited to: sustained API or platform requests materially above the typical usage profile of comparable users; bulk data ingestion, processing, or export volumes that disproportionately consume shared infrastructure (compute, storage, or bandwidth); use patterns characteristic of commercial-scale operations or productization extending beyond mission-aligned data collaboration; automated workflows or analytical processes whose resource footprint materially affects platform stability or other users’ quality of service; and the aggregation of multiple accounts or programs that, in combination, exceed Fair Use thresholds. Where A2EI determines that a user’s activity exceeds Fair Use, A2EI will, where practical, contact the affected user to discuss the observed usage patterns and propose a remediation path. Remediation paths may include (a) adjusting usage to align with Fair Use; (b) migration to a dedicated PROSPECT instance operated under a separate paid agreement on a cost-recovery or commercial basis, which provides scaled resources and the option of additional services; or (c) negotiation of a custom service tier. If, following reasonable notice, the user does not adopt one of the proposed remediation paths, A2EI may apply additional rate limits, throttle or suspend the user’s access, or terminate the affected account in accordance with Section 8.2. This Section 5.9 supplements and does not limit the rate limiting provisions of Section 7.6 or the limits of use set out in Section 6. Nothing in this Section 5.9 obliges A2EI to offer a dedicated paid instance to any specific user, and A2EI may decline to do so at its sole discretion.

6. LIMITS OF USE

By providing data to the platform and/or by accessing data within the platform, you agree not to use PROSPECT or any data in PROSPECT:

6.1 Lawful Use

In any way that is unlawful, fraudulent, or breaches any applicable local, national, or international law or regulation;

6.2 Non-Discrimination

In any way that could promote acts of discrimination or harassment or that would exploit anyone on the grounds of disability, sex, sexual orientation, race, nationality, ethnic or national origin, religion or belief, gender reassignment, marital or civil partner status;

6.3 Compliance with Terms and Policies

To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the PROSPECT Terms Of Use or the PROSPECT Policies or set out below;

6.4 No Spam

To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);

6.5 No Malicious Software

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

6.6 No Circumvention of Platform Controls

To circumvent or attempt to circumvent rate limits, access controls, or other platform mechanisms designed to ensure fair access and platform stability.

7. SERVICE AVAILABILITY

7.1 No Uptime Guarantee

A2EI does not guarantee continuous access to PROSPECT for any users. PROSPECT may be unavailable at times for technical maintenance, redesign, or other operational tasks.

7.2 Maintenance Notice

Where practical, A2EI will communicate scheduled maintenance windows on the PROSPECT website or via email to registered users, with the aim to provide reasonable prior notice.

7.3 Data Backup Responsibility

A2EI is not responsible for any inadvertent data loss. Users and Data Providers must have adequate data back-up systems in place to mitigate any risks of inadvertent data loss.

7.4 Service Changes

In case PROSPECT changes any system functionalities, it is the responsibility of users and Data Providers to update and, where needed, make relevant changes in their datasets to ensure continued data operations.

7.5 Business Continuity

A2EI maintains business continuity and disaster recovery procedures to ensure service resilience. In the event of a significant disruption, A2EI will use reasonable efforts to restore service and communicate status updates to affected users. For details on our security measures and backup procedures, see the PROSPECT Data Protection Policy.

7.6 Rate Limiting

To ensure fair access and platform stability, PROSPECT applies rate limits to API endpoints and platform requests. Rate limits may be adjusted at A2EI's discretion based on system capacity and usage patterns. If you exceed applicable limits, requests may be throttled or temporarily rejected with an appropriate HTTP status code. For specific rate limit thresholds, refer to the PROSPECT API documentation or contact support@prospect.energy. If abnormal behavior is detected that potentially harms platform stability, A2EI reserves the right to require CAPTCHA verification, temporarily block the user's requests, or temporarily/permanently suspend the affected user account.

8. ACCOUNT MANAGEMENT

8.1 Account Security Responsibilities

Users are responsible for maintaining the confidentiality of their account credentials, including passwords and any other authentication mechanisms. Users should use strong, unique passwords, are advised to enable multi-factor authentication (MFA) where available, and ensure their internet connection is secure when accessing PROSPECT. Users must not share account credentials with unauthorized third parties, and must immediately notify A2EI at support@prospect.energy if they suspect any unauthorized use of their account. PROSPECT shall have the right to disable any registered user identification code or password, if in our opinion registered users have failed to comply with any of the provisions of these PROSPECT Terms Of Use.

8.2 Account Suspension & Termination

A2EI reserves the right to suspend or terminate user accounts, in whole or in part, at its sole discretion, with or without notice, for any reason, including but not limited to: violation of these PROSPECT Terms Of Use or PROSPECT Policies, provision of false or misleading information during registration, suspicious or unauthorized account activity, non-payment of fees (if applicable), insolvency or cessation of operations, or being subject to a judgment, rule, order, or statement of claim which might adversely affect data integrity. Upon suspension or termination, users will lose access to their accounts and any data stored therein. Users are strongly encouraged to export their data before account termination.

8.3 Account Recovery

In the event of a lost or compromised account, users may request account recovery by contacting support@prospect.energy. A2EI will verify the user's identity before restoring access to the account.

8.4 Security Vulnerability Reporting

If you believe you have found a security vulnerability in PROSPECT, please report it responsibly. For detailed reporting instructions, our response commitments, and responsible disclosure policy, see our Security Policy.

Do not report security vulnerabilities through public channels.

For urgent security concerns or suspected unauthorized access to your account, contact devops@prospect.energy.

8.5 Multiple Accounts

Users are not permitted to create multiple accounts unless explicitly authorized by A2EI. A2EI reserves the right to merge or delete duplicate accounts at its discretion.

8.6 Account Deletion

Users may request the deletion of their account and associated personal data at any time by contacting dpo@prospect.energy. Upon deletion, all personal data associated with the account will be permanently removed from PROSPECT's active systems, subject to legal retention obligations and backup retention policies as described in the PROSPECT Data Protection Policy.

9. INDEMNIFICATION & LIABILITY CAP

9.1 Indemnification by User

You agree to indemnify, defend, and hold harmless A2EI from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the PROSPECT platform
• Your violation of these PROSPECT Terms Of Use or any provision of law or regulation
• Your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right
• Any data or content you upload, post, or display on or through the PROSPECT platform

9.2 Limitation of Liability & Disclaimer

To the maximum extent permitted by applicable law, A2EI makes no representation or warranty of any kind with respect to the PROSPECT platform or service. A2EI expressly disclaims all express and implied warranties including, but not limited to, fitness for a particular purpose, title, noninfringement, and that the software will be error or bug-free, secure, or free from service disruption. In no event shall A2EI be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, income, contracts, revenue, business, data, use, goodwill, or other intangible losses
• Any unauthorized access to or use of our servers
• Any interruption or cessation of transmission to or from the PROSPECT platform
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the PROSPECT platform

Information contained in PROSPECT must not be considered as financial, legal, or other professional advice. PROSPECT shall not be responsible for the content or accuracy of any materials posted by registered users. The user acknowledges that service or maintenance disruptions may occur from time to time.

9.3 Cap on Liability

A2EI's total aggregate liability arising out of or related to these PROSPECT Terms Of Use or the PROSPECT platform shall not exceed the amount of €1,000 (one thousand Euros), unless otherwise required by applicable law.

9.4 Exceptions

The limitations of liability set forth in this Section 9 shall not apply to:

• Liability for death or personal injury caused by A2EI's negligence
• Liability for fraud or fraudulent misrepresentation
• Liability for gross negligence or willful misconduct
• Any liability that cannot be excluded or limited under applicable law

10. DISPUTE RESOLUTION & GOVERNING LAW

10.1 Governing Law

These PROSPECT Terms Of Use and any dispute or claim arising from or in connection with them shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

10.2 Jurisdiction

You may bring any suit or proceedings related to these PROSPECT Terms Of Use and their application exclusively in the courts of Berlin, Germany, except in all instances in which German law demands that a suit or proceedings may be brought in another jurisdiction or specifically allows that another jurisdiction shall (also) have jurisdiction, in which case the jurisdiction of the courts of Berlin, Germany, shall be optional only (if German law so permits).

10.3 A2EI's Right to Sue

A2EI retains the right to bring a suit or proceedings against users for breach of these PROSPECT Terms Of Use in the courts of Berlin, Germany, or in your country of residence or any country of your operations.

10.4 Amicable Resolution

In the event of a dispute, users are encouraged to first contact prospect@prospect.energy to attempt to resolve the issue amicably. If the dispute cannot be resolved through direct communication, the parties agree to engage in good faith negotiations before pursuing formal legal proceedings.

10.5 Alternative Dispute Resolution

Consumer users may submit disputes to the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

10.6 Consumer Protection

Nothing in these PROSPECT Terms Of Use excludes or restricts any statutory rights or remedies that you may have as a consumer under applicable mandatory laws in your country of residence.

11. THIRD PARTY LINKS & WEBSITE LINKING

11.1 Third Party Links

In the case PROSPECT platform includes links to other websites or to resources provided by third parties, these links are provided for PROSPECT user's information only. PROSPECT does not have control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from their use.

11.2 Linking to PROSPECT

Users may link to the PROSPECT home page, provided that the linking is legal and that does not affect PROSPECT reputation. Users will refrain from including a link in its webpage that might suggest, explicit or implicitly, a form of association, partnership, approval or endorsement by PROSPECT.

12. PREVENTING PLATFORM MISFUNCTIONS

12.1 Unauthorized Access

PROSPECT users must not attempt to gain unauthorized access to PROSPECT site or systems. In case of breaching this provision, PROSPECT will report any such potential breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing the user's identity, and the user's access rights will cease immediately.

13. GENERAL PROVISIONS

13.1 Update of Terms

These PROSPECT Terms Of Use may be revised at any time by amending this page. Users are responsible for regularly reviewing these PROSPECT Terms Of Use and/or the PROSPECT Data Protection Policy. The continued use of PROSPECT website and/or PROSPECT instance constitutes the user agreement to all such amended terms and conditions and/or PROSPECT Data Protection Policy.

13.2 Exclusion

Nothing in these PROSPECT Terms Of Use creates a relationship of principal/agent, employer/employee, joint venture or partnership between PROSPECT and users.

13.3 Concerns and Clarifications

Users can contact prospect@prospect.energy in case of questions concerning the material displayed in PROSPECT or should they have any questions concerning the functioning of the PROSPECT platform.

13.4 Compliance Audit Rights

RBF program operators and enterprise users may request evidence of A2EI's compliance with applicable security and privacy standards (ISO 27001, ISO 27701, GDPR) by contacting dpo@prospect.energy. A2EI will provide relevant certification documents and compliance reports upon request, subject to confidentiality obligations.

13.5 Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that comes closest to the original intent.

13.6 Entire Agreement

These Terms of Use, together with the PROSPECT Policies, constitute the entire agreement between you and A2EI regarding your use of PROSPECT and supersede all prior or contemporaneous agreements, representations, or understandings, whether oral or written.

13.7 Force Majeure

A2EI shall not be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, government action, strikes, infrastructure failures, or widespread internet or power outages. A2EI will use reasonable efforts to mitigate the impact of such events and resume service as soon as practicable.

13.8 Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms of Use without A2EI's prior written consent. A2EI may assign or transfer these Terms of Use in connection with a merger, acquisition, or sale of all or substantially all of its assets.

13.9 Survival

The following provisions shall survive the termination or expiration of these Terms of Use: Sections 4 (Data Ownership and Intellectual Property Rights), 9 (Indemnification & Liability Cap), 10 (Dispute Resolution & Governing Law), and this Section 13 (General Provisions).

14. DEFINITIONS

For definitions of terms used in these Terms of Use, see the PROSPECT Definitions.