- Language
Terms & Conditions
Windlogger / Windcrane Terms & Conditions
Effective date: 1 September 2022
The website https://www.windlogger.com (the “Website”) and any related software applications,
domain names, portals, products and services (collectively, the ‘Services’) are offered by Logic
Energy Ltd having a business address at PO Box 26237, Kilmarnock, KA1 9GE, UK
(‘Windlogger / Windcrane,’ ’us,’ ‘we,’ or ‘our’).
These Windlogger / Windcrane Terms & Conditions (the ‘Terms’) govern individual user’s or business entity’s
(‘you’ and ‘your’) access and use of the Website, the Services, and any current or future websites,
portals, software applications, domain names, products and services that may be offered by
Windlogger / Windcrane from time to time, except where your use of the Services is subject to a separate
agreement.
Please read the Terms carefully because they contain important information regarding your use of
the Website and the Services. If you do not agree with one or more provisions of the Terms, you
are not allowed to use the Website and the Services.
1. General
About the Website and the Services. The Services include remote wind speed monitoring systems,
sensors and accessories for cranes, software and hardware offered by WINDCRANE. The
Services are intended for professional non-consumer use. The Website provides information about
the Services and WINDCRANE.
License to use the Website and the Services. WINDCRANE grants you a personal, revocable,
non-exclusive, non-transferable and limited license to use the Website and the Services pursuant
to these Terms. You are not allowed to use the Website and the Services in countries where they
may be restricted or prohibited by local legislation. WINDCRANE reserves the right to refuse or
cancel your access to the Website and the Services for any reason whatsoever.
Minors. The Website and the Services are not marketed and should not be used by persons under
the age of 18.
Privacy and other relevant terms. The documents that include important provisions regarding your
use of the Website and the Services and should be read and interpreted together with these
Terms, are:
WINDCRANE privacy and cookie policy available at https://www.windcrane.com/contact-
us/privacy-policy, which describes in detail how WINDCRANE handles your personal data
collected through the Website (the “Privacy Policy”);
Logic Energy Limited General Terms and Conditions; and
Other individual terms and conditions made available by us on the Website or through the
Services.
2. User Account
In order to access the Services and use the full functionality of the Website, you have to maintain a
user account (the “User Account”). The User Account can be obtained by contacting
WINDCRANE. WINDCRANE reserves the right, at its sole discretion, to refuse to register any User
Account for any reason. You are not allowed to assign your rights under these Terms and your
User Account is not transferable. By maintaining your User Account, you acknowledge, agree and
warrant that:
You can conclude legally binding contracts;
You will comply with these Terms and all applicable local, state, national and foreign laws, treaties,
and regulations in connection with your use of the Website and the Services;
You will provide only true, accurate, complete, and up-to-date personal data;
You will register no more than one User Account; and
You will be solely responsible for all information and activities that occur under your User Account.
The collection and use of your personal data submitted through your User Account is subject to the
Privacy Policy. You are solely responsible for maintaining the confidentiality of your User Account,
including handling your login details and passwords in a secure manner. You further agree to
immediately notify WINDCRANE about any allegedly unauthorised use of your User Account or
any other security breach related to your User Account. You are responsible for using secure
Internet connection and protected networks when accessing the Website and the Services.
WINDCRANE cannot and will not be liable for any loss or damage resulting from your failure to
comply with these security obligations.
WINDCRANE reserves the right to suspend or terminate your User Account if, at its sole
discretion, we have grounds to believe that your use of the Website and/or Services seriously and
repeatedly breaches these Terms.
3. Fees and payments
The Fees. The Services are subject to the applicable service fees, including subscription fees (the
“Fees”). The schedule of the Fees may made available on the Website or communicated to you
personally. Unless indicated otherwise, the Fees include applicable sale tax. By ordering the
Services, you agree to pay the Fees for every billing cycle in accordance with these Terms, the
terms and conditions of the respective Fees, and other terms and conditions in force at the
moment the service contract is concluded. The Fees remain valid for as long as they are indicated
on the Website or communicated by us. The Fees are subject to a change with a prior notice to
you.
Invoices. Invoices for the Fees due are issued automatically at the beginning of each billing cycle.
We will automatically renew your Subscription Plan (as defined hereunder) based on its renewal
cycle, unless you cancel your Subscription Plan (as defined hereunder) prior to the expiration of
then-current subscription term.
Payment processing. All payments related to the Services are processed by our third-party
payment processors (the “Payment Processors”). The Payment Processors may collect some
personal data from you, such as your name, credit card number, and billing address, which will
allow them to process your payments. The Payment Processors handle all steps in the payment
process through their systems, including data collection and data processing, subject to their
individual terms and policies. You are responsible for ensuring that all payment information is
correct and the funds necessary for paying the Fees are available. You agree not to hold
WINDCRANE liable for payments that do not reach it because you have quoted incorrect payment
information or the Payment Processors refused the payment for any other reason.
Steps to conclude a service contract. If you would like to conclude a paid service contract with us,
you need to: (i) visit https://www.windcrane.com; (ii) choose the product or service that you would
like to order; and (iii) contact us for further information. After your payment is completed, we will
send a confirmatory email informing you about your order. By completing the payment and
receiving the confirmatory email, you conclude a service contract in English with us on the basis of
these Terms. The details of the specific service contract will not be filed by us and, therefore, the
specific contract will not be available to you. However, if you do require any information regarding
your order, you can contact us directly.
Refunds. WINDCRANE does not issue partial or full refunds for the Services purchased by you,
unless the provision of such Services is impaired due to WINDCRANE fault or the Services are
defective. WINDCRANE reserves the right, on a case-by-case basis and at its sole discretion, to
decide whether a refund should be issued to you.
Subscription terms. Some of the Services (e.g., the Lifetime Service) are offered on a subscription
basis, subject to the subscription plan chosen by you (the “Subscription Plan”). Invoices for the
Fees due are issued automatically at the beginning of each billing cycle. Unless you cancel the
Subscription Plan prior to the expiration of then-current subscription term, WINDCRANE will
automatically renew the Subscription Plan based on its renewal cycle and will issue an invoice for
the Fees due.
Cancellation. The Subscription Plan must be cancelled at least 30 calendar days prior to expiration
of then-current billing period to avoid automatic renewal. If you cancel your Subscription Plan later,
the cancellation will not be guaranteed. All cancellation request must be submitted to
WINDCRANE at info@windcrane.com. Your inactivity on the Website or failure to use the Services
do not substitute your request for the cancellation of the Subscription Plan.
4. Services Warranties and Commitments
WINDCRANE hereby commits to render the Services that conform to generally accepted industry
standards, provided that:
The Services have not been modified, changed, or altered by anyone other than WINDCRANE;
You promptly notify WINDCRANE of any downtime of the Services or any support enquiries
related thereto;
You provide adequate troubleshooting information allowing WINDCRANE to identify and address
problems;
All Fees due have been paid by you; and
You do not abuse the Services.
You hereby commit to:
Use the Services in accordance with these Terms, the service contract, and other general terms in
force during the term of your use of the Services;
Use the Services in accordance with the recommendations, operating rules, and guidelines set by
WINDCRANE;
Ensure that your authorised agents, employees, or other persons responsible for accessing and
using the Services are instructed on the proper use of the Services in line with the instructions
provided by WINDCRANE;
Ensure that the Services are used in combination with the recommended software and you will
remain solely responsible for obtaining a license to use the said software; and
Ensure that the Services are used on a suitable piece of hardware.
The Services may not meet the standards to be expected of a mission-critical meteorological or
navigation resources. The Services Data provided by WINDCRANE may be obtained from external
sources and third parties. Such data is processed automatically without human oversight. Therefore,
the Services Data may not always be accurate, up-to-date, or available.
5. Use of Services Data
Any technical non-personal Services-related data collected by WINDCRANE through the Services
(e.g., wind monitoring data, historic wind data reports, wind forecasts, live data, and remote live
data) (the “Service Data”) can be used by WINDCRANE for any legitimate business purposes,
including, but not limited to:
To analyse the usage of the Services;
To enhance wind forecasts;
To examine the relevance, popularity, and engagement rate of the Services;
To investigate and help prevent security issues and abuse;
To develop and provide additional features to the Services; and
To personalise the Services for your specific needs.
The non-personal data may be disclosed to third parties for any purpose. WINDCRANE may share
it with prospects or partners for business or research purposes, for improving the Website and the
Services or developing new products and services.
You are not allowed to directly or indirectly disclose, deliver, transmit, broadcast, redistribute, or
forward the Services Data made available to you by WINDCRANE or any other data, information,
or images related to the Services in any format without prior written permission from WINDCRANE.
The Services and the Service Data made available to you by WINDCRANE may be used solely for
personal, informational, internal purposes and may not be re-purposed without the express written
permission of WINDCRANE.
6. Support and Maintenance
Any requests for customer or technical support should be addressed to WINDCRANE by email at
info@windcrane.com. If agreed between WINDCRANE and you, WINDCRANE shall provide
maintenance services related to the Services within the term of the service agreement. The
maintenance services shall be provided in accordance with the standards of skill and care
reasonably expected from a leading service provider in WINDCRANE’s industry.
WINDCRANE reserves the right to, upon a prior notice to you, schedule regular maintenance times
related to the Services. During the maintenance, all or a part of the Services may not be available
to you. WINDCRANE reserves the right, in its sole discretion, to suspend provision of all or a part
of the Services for unscheduled maintenance, if reasonably necessary. In that event,
WINDCRANE will put reasonable efforts to notify you as soon as possible.
7. WINDCRANE Hardware
We offer for sale wind monitoring systems that may contain hardware elements (the “Hardware”).
The use of the Hardware is subject to the terms and conditions of the respective warranty that you
will receive with the Hardware. Please read the warranty carefully and make sure that you use the
Hardware in accordance with the applicable technical requirements and follow all
recommendations, operating rules, and guidelines pertaining to the Hardware.
Right of withdrawal. If you purchase the Hardware as a consumer (i.e., a person acting wholly or
mainly outside the scope of trade, business, or profession) and, in your country of residence, you
have the right to withdraw from a service contract, you can cancel your sales contract with us
within the period of 14 days after you have physically taken possession of the Hardware without
providing any reason to us. If you act as a business, trader, or use the Hardware for professional
purposes, you are not entitled to exercise the right of withdrawal; please contact us for more
information. If you qualify for a withdrawal and you would like to receive a refund, you must inform
us of your decision to withdraw from the contract by email at info@windcrane.com before the 14-
day period expires. After you get our return notice, you have to return the Hardware at your own
cost to the address indicated by us without undue delay and in any event no later than 14 days
from the day on which you informed us about your wish to return the Hardware. The deadline is
met if you send back the Hardware before the period of 14 days expires. The shipping costs for the
return of the Hardware shall be paid fully by you and are non-refundable. To be entitled for a
refund, the Hardware must be (i) unused, (ii) in an impeccable condition, (iii) with the applicable
tags on, and (iv) in its original packaging. If any of these conditions are not met, we will not refund
you for the returned Hardware.
Faulty Hardware. If you find that the Hardware that you have received are faulty or wrong
Hardware has been delivered, you are entitled to:
Cancel the purchase and return the Hardware as described in section “Right of withdrawal” above;
Request a reduction of the fees paid by you or a refund (please contact us for further information);
Request a repair of the Hardware (please contact us for further information); or
Request to replace the Hardware with the same non-faulty Hardware or similar Hardware (please
contact us for further information).
If you do not receive the Hardware that you have purchased within the specified shipping period,
please contact us and we will look into your order.
8. Commercial Communication and Services-Related Notices
WINDCRANE will send you newsletters and other commercial communication only in the following
instances:
If WINDCRANE receives your prior express (“opt-in”) consent to receive marketing messages
(please note that your voluntary subscription to such communication substitutes such consent); or
If WINDCRANE decides to send you marketing messages about its new services that are closely
related to the Services already used by you.
If you prefer not to receive any commercial communication from WINDCRANE, you can easily opt-
out free of charge. To do so, please click the “unsubscribe” link in any email that WINDCRANE
sends to you. WINDCRANE will cease to send you commercial communication as soon as
possible.
Within the term of the Services, you may receive from WINDCRANE important technical notices
about your use of the Services, including service-related, technical or administrative emails,
information about your payments, privacy and security, and other important matters. Please note
that WINDCRANE will send such notices on an “if-needed” basis and they do not fall within the
scope of commercial communication that requires your prior consent and you cannot opt-out from
the said notifications.
9. Disclaimer of Warranties
Your use the Website and the Services is at your own risk. The Website and the Services are
provided to you “as is” without warranty of any kind either express or implied. It is your own
responsibility to ensure that the Website and the Services meet your specific requirements.
Neither WINDCRANE nor its employees, agents, third-party information providers, merchants,
licensors or the like warrant that the Website and the Services or their operation will be accurate,
reliable, uninterrupted or error-free. No agent or representative has the authority to create any
warranty regarding the Website and the Services on behalf of WINDCRANE.
10. Service Data Disclaimer
The use of the Service Data, including any action taken or not taken as a result of the Service
Data, is at your own risk.
The Service Data is made available with no warranties, expressed or implied, concerning the
accuracy, completeness, reliability, or suitability of the Service Data. The Service Data may contain
nonconformities, defects, errors, or omissions. You are solely responsible for verifying the
accuracy of the Service Data before using it. The Service Data is provided “AS IS”.
WINDCRANE shall not be liable regardless of the cause or duration, for any errors, inaccuracies,
omissions, or other defects in, or untimeliness or unauthenticity of, the Service Data, or for any
delay or interruption in the transmission thereof to you, or for any claims or losses arising
therefrom or occasioned thereby. You hereby assume the entire risk as to the quality of the
Service Data.
Furthermore, WINDCRANE does not accept any responsibility or provide any liability for any
damage to, or loss of data, software, or hardware resulting from the use of or inability to use the
Service Data. It is your responsibility to ensure the compatibility and protection of any data,
software, or hardware used in conjunction with the Service Data.
The use of the Service Data for purposes other than those for which the Service Data is intended
may yield inaccurate or misleading results. You may not assert any proprietary rights to the
Service Data.
WINDCRANE shall not be liable for any activity involving the Service Data with respect to lost
profits, lost savings or any other consequential damages. WINDCRANE shall not be liable for any
indirect, consequential, exemplary, special, incidental, or punitive damages, including, without
limitation, loss of use or lost business, revenue, profits, or goodwill, arising in connection with the
Service Data, under any theory of tort, contract, indemnity, warranty, strict liability or negligence,
even if WINDCRANE knew or should have known of the possibility of such damages.
11. Limitation of Liability
The content of the Website and the Services is for your general information and use only. It is
subject to change without notice. Neither WINDCRANE nor any third parties provide any warranty
or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the
information and materials found or offered on the Website and the Services for any particular
purpose. You acknowledge that such information and materials may contain inaccuracies or errors
and WINDCRANE expressly excludes liability for any such inaccuracies or errors to the fullest
extent permitted by law.
To the fullest extent permitted by applicable law, in no event will WINDCRANE, its affiliates,
founders, officers, directors, employees, agents, suppliers or licensors be liable to any person for
any indirect, incidental, special, punitive, cover or consequential damages, including, without
limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business,
business interruption, loss of anticipated savings, loss of business opportunity, however caused,
under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory
duty, negligence or otherwise, even if we have been advised as to the possibility of such damages
or could have foreseen such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,
so the limitation and exclusion of this section may not apply to you.
By using the Website and the Services, you acknowledge that WINDCRANE may use third-party
suppliers to provide software, hardware, storage, networking, and other technological services.
The acts and omissions of such third-party suppliers may be outside of WINDCRANE control. To
the maximum extent permitted by law, WINDCRANE excludes any liability for any loss or damage
resulting from the acts and omissions of such third-party suppliers.
12. Indemnification
You agree to indemnify and hold WINDCRANE and its affiliates, founders, directors, officers,
employees, and agents harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys’ fees, incurred in connection with or arising from any third-party
allegations, claims, actions, disputes, or demands asserted against any of them as a result of or
relating to your use of the Website, the Services, or any wilful misconduct on your part.
13. Intellectual Property
The Website and the Services contain materials which are owned by or licensed to WINDCRANE,
including, but not limited to, the texts, images, logos, photos, designs, layout, look, appearance,
graphics, trademarks, service marks, software, and source code (the “WINDCRANE Property”).
Except for material in the public domain under UK copyright law, the WINDCRANE Property is
protected by UK and foreign copyright laws. Except as otherwise expressly provided in these
Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license,
modify, rewrite, create derivative works from, transfer, or sell any WINDCRANE Property without
the prior consent of WINDCRANE.
These Terms do not transfer to you any intellectual property owned by WINDCRANE or third
parties, and all rights, titles, and interests in and to such property will remain solely with
WINDCRANE or respective third-party proprietors.
You may not use the WINDCRANE brand, the word or figurative trademarks associated with the
Website and the Services or third-party trademarks without a prior consent of a trademark owner.
You are not allowed to use such brands and trademarks in any way that suggests that
WINDCRANE sponsors, endorses, or associates with you without obtaining prior written consent
from WINDCRANE. All trademarks which are not the property of, or licensed to, WINDCRANE are
acknowledged.
If you have any grounds to believe that any content made available through the Website or the
Services violates your or third party’s intellectual property rights, please contact WINDCRANE and
express your concerns or request to remove the allegedly infringing content. Before sending your
claim to WINDCRANE, please make sure that you sign it and include information that would allow
WINDCRANE to locate the allegedly infringing content.
14. Your Content
By submitting any content through the Website or the Services (“Your Content”), you grant
WINDCRANE unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use,
distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare
derivative works of, and reproduce Your Content for the purposes of carrying WINDCRANE
legitimate business interests.
You agree not to submit Your Content that violates these Terms or any applicable laws, including
intellectual property rights of others.
You understand and agree that, in order to ensure the security of the Website the Services,
WINDCRANE may, but has no obligation to, monitor or review Your Content. WINDCRANE
reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove Your
Content, in whole or in part, that violates these Terms or may harm the reputation of the Website
and the Services. However, you remain solely responsible for Your Content.
You are not allowed to make publicly available personal data of persons who have not provided
you with their prior authorisation or consent to share that personal data (e.g., you cannot publish
name and contact details of a person who has not allowed you to do so) through Your Content.
Your Content includes your personal views and recommendations. Your Content does not reflect
WINDCRANE views, recommendations, endorsement, or any commitments related thereto.
15. Availability
The Website and the Services are available at all times, unless the availability of the Website or
the Services is impaired due to the scheduled or unscheduled maintenance, or force majeure
events. The availability of the Website and the Services may be affected by factors, which
WINDCRANE cannot reasonably control, such as bandwidth problems, equipment failure, or force
majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts
of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions;
shortage of supply; and breakdowns. We take no responsibility for the unavailability of the Website
or the Services caused by such factors. If you encounter problems while using the Website or the
Services, please contact us immediately.
WINDCRANE reserves the right, at its sole discretion, to change, modify, suspend, or discontinue
any aspect of the Website or the Services at any time, including their technical features, content,
databases, availability, and specifications of the required equipment.
16. Third-Party Links
From time to time, the Website and the Services may include links to other websites owned and
operated by third parties. These links are provided for your convenience to provide further
information. They do not signify that WINDCRANE endorses the third-party website(s).
WINDCRANE has no responsibility for the content of the linked website(s) and WINDCRANE is not
responsible or liable in any manner for the security and privacy practices deployed by those third
parties. Please exercise your due diligence before clicking on any third-party links.
17. Prohibited Use
None of the materials available on the Website may be reverse-engineered, disassembled,
decompiled, transcribed, stored in a retrieval system, translated into any language or computer
language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction,
recordation or otherwise), resold or redistributed without the prior written consent of WINDCRANE.
Any violation of this provision may result in severe civil and criminal penalties.
You are further not permitted to use the Website and the Services in any manner that substitutes
or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Fraud;
Provision of false, inaccurate, or misleading information;
Sharing content that depicts or incites others to commit acts of violence or may result in injuries,
physical harm, and emotional distress;
Spreading malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Sharing sexually explicit, nude, libellous, harassing, violent, defamatory, abusive, profane, vulgar,
threatening, hateful, obscene behaviour and terrorism-related content;
Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing,
and overburdening the Website or the Services;
Interfering with or abusing other users of the Website or the Services;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about the users of the Website or the Services.
If you think that some of the content available through the Website or the Services is inappropriate,
infringes these Terms, applicable laws, or your right to privacy, please contact WINDCRANE
immediately by email at info@windcrane.com.
18. Governing law and disputes
These Terms shall be governed and construed in accordance with the laws of Scotland, without
regard to its conflicts of law provisions. You agree to resolve any disputes arising out of or relating
to these Terms by means of negotiation with WINDCRANE. If the dispute cannot be resolved by
means of negotiation, the courts located in Scotland shall have the jurisdiction. This section does
not affect any statutory rights that you may be entitled to as a consumer.
19. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable,
such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable
law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity
and enforceability of the remaining provisions shall not be affected as a result.
20. Changes
WINDCRANE reserves the right to make changes to these Terms by posting the changed Terms
on the Website. Your continued use of the Website or the Services after the date of amendment
constitutes your agreement to all such terms, conditions and notices, and any changes to the
Terms made by WINDCRANE.
21. Contact
For any questions, suggestions, or concerns about these Terms or your use of the Website or the
Services, please contact us:
Email: info@windcrane.com
Contact form: https://www.windcrane.com/contact-us
Postal address for communication: Logic Energy Ltd, PO Box 26237, Kilmarnock, KA1 9GE, UK
[END]
Effective date: 1 September 2022
The website https://www.windlogger.com (the “Website”) and any related software applications,
domain names, portals, products and services (collectively, the ‘Services’) are offered by Logic
Energy Ltd having a business address at PO Box 26237, Kilmarnock, KA1 9GE, UK
(‘Windlogger / Windcrane,’ ’us,’ ‘we,’ or ‘our’).
These Windlogger / Windcrane Terms & Conditions (the ‘Terms’) govern individual user’s or business entity’s
(‘you’ and ‘your’) access and use of the Website, the Services, and any current or future websites,
portals, software applications, domain names, products and services that may be offered by
Windlogger / Windcrane from time to time, except where your use of the Services is subject to a separate
agreement.
Please read the Terms carefully because they contain important information regarding your use of
the Website and the Services. If you do not agree with one or more provisions of the Terms, you
are not allowed to use the Website and the Services.
1. General
About the Website and the Services. The Services include remote wind speed monitoring systems,
sensors and accessories for cranes, software and hardware offered by WINDCRANE. The
Services are intended for professional non-consumer use. The Website provides information about
the Services and WINDCRANE.
License to use the Website and the Services. WINDCRANE grants you a personal, revocable,
non-exclusive, non-transferable and limited license to use the Website and the Services pursuant
to these Terms. You are not allowed to use the Website and the Services in countries where they
may be restricted or prohibited by local legislation. WINDCRANE reserves the right to refuse or
cancel your access to the Website and the Services for any reason whatsoever.
Minors. The Website and the Services are not marketed and should not be used by persons under
the age of 18.
Privacy and other relevant terms. The documents that include important provisions regarding your
use of the Website and the Services and should be read and interpreted together with these
Terms, are:
WINDCRANE privacy and cookie policy available at https://www.windcrane.com/contact-
us/privacy-policy, which describes in detail how WINDCRANE handles your personal data
collected through the Website (the “Privacy Policy”);
Logic Energy Limited General Terms and Conditions; and
Other individual terms and conditions made available by us on the Website or through the
Services.
2. User Account
In order to access the Services and use the full functionality of the Website, you have to maintain a
user account (the “User Account”). The User Account can be obtained by contacting
WINDCRANE. WINDCRANE reserves the right, at its sole discretion, to refuse to register any User
Account for any reason. You are not allowed to assign your rights under these Terms and your
User Account is not transferable. By maintaining your User Account, you acknowledge, agree and
warrant that:
You can conclude legally binding contracts;
You will comply with these Terms and all applicable local, state, national and foreign laws, treaties,
and regulations in connection with your use of the Website and the Services;
You will provide only true, accurate, complete, and up-to-date personal data;
You will register no more than one User Account; and
You will be solely responsible for all information and activities that occur under your User Account.
The collection and use of your personal data submitted through your User Account is subject to the
Privacy Policy. You are solely responsible for maintaining the confidentiality of your User Account,
including handling your login details and passwords in a secure manner. You further agree to
immediately notify WINDCRANE about any allegedly unauthorised use of your User Account or
any other security breach related to your User Account. You are responsible for using secure
Internet connection and protected networks when accessing the Website and the Services.
WINDCRANE cannot and will not be liable for any loss or damage resulting from your failure to
comply with these security obligations.
WINDCRANE reserves the right to suspend or terminate your User Account if, at its sole
discretion, we have grounds to believe that your use of the Website and/or Services seriously and
repeatedly breaches these Terms.
3. Fees and payments
The Fees. The Services are subject to the applicable service fees, including subscription fees (the
“Fees”). The schedule of the Fees may made available on the Website or communicated to you
personally. Unless indicated otherwise, the Fees include applicable sale tax. By ordering the
Services, you agree to pay the Fees for every billing cycle in accordance with these Terms, the
terms and conditions of the respective Fees, and other terms and conditions in force at the
moment the service contract is concluded. The Fees remain valid for as long as they are indicated
on the Website or communicated by us. The Fees are subject to a change with a prior notice to
you.
Invoices. Invoices for the Fees due are issued automatically at the beginning of each billing cycle.
We will automatically renew your Subscription Plan (as defined hereunder) based on its renewal
cycle, unless you cancel your Subscription Plan (as defined hereunder) prior to the expiration of
then-current subscription term.
Payment processing. All payments related to the Services are processed by our third-party
payment processors (the “Payment Processors”). The Payment Processors may collect some
personal data from you, such as your name, credit card number, and billing address, which will
allow them to process your payments. The Payment Processors handle all steps in the payment
process through their systems, including data collection and data processing, subject to their
individual terms and policies. You are responsible for ensuring that all payment information is
correct and the funds necessary for paying the Fees are available. You agree not to hold
WINDCRANE liable for payments that do not reach it because you have quoted incorrect payment
information or the Payment Processors refused the payment for any other reason.
Steps to conclude a service contract. If you would like to conclude a paid service contract with us,
you need to: (i) visit https://www.windcrane.com; (ii) choose the product or service that you would
like to order; and (iii) contact us for further information. After your payment is completed, we will
send a confirmatory email informing you about your order. By completing the payment and
receiving the confirmatory email, you conclude a service contract in English with us on the basis of
these Terms. The details of the specific service contract will not be filed by us and, therefore, the
specific contract will not be available to you. However, if you do require any information regarding
your order, you can contact us directly.
Refunds. WINDCRANE does not issue partial or full refunds for the Services purchased by you,
unless the provision of such Services is impaired due to WINDCRANE fault or the Services are
defective. WINDCRANE reserves the right, on a case-by-case basis and at its sole discretion, to
decide whether a refund should be issued to you.
Subscription terms. Some of the Services (e.g., the Lifetime Service) are offered on a subscription
basis, subject to the subscription plan chosen by you (the “Subscription Plan”). Invoices for the
Fees due are issued automatically at the beginning of each billing cycle. Unless you cancel the
Subscription Plan prior to the expiration of then-current subscription term, WINDCRANE will
automatically renew the Subscription Plan based on its renewal cycle and will issue an invoice for
the Fees due.
Cancellation. The Subscription Plan must be cancelled at least 30 calendar days prior to expiration
of then-current billing period to avoid automatic renewal. If you cancel your Subscription Plan later,
the cancellation will not be guaranteed. All cancellation request must be submitted to
WINDCRANE at info@windcrane.com. Your inactivity on the Website or failure to use the Services
do not substitute your request for the cancellation of the Subscription Plan.
4. Services Warranties and Commitments
WINDCRANE hereby commits to render the Services that conform to generally accepted industry
standards, provided that:
The Services have not been modified, changed, or altered by anyone other than WINDCRANE;
You promptly notify WINDCRANE of any downtime of the Services or any support enquiries
related thereto;
You provide adequate troubleshooting information allowing WINDCRANE to identify and address
problems;
All Fees due have been paid by you; and
You do not abuse the Services.
You hereby commit to:
Use the Services in accordance with these Terms, the service contract, and other general terms in
force during the term of your use of the Services;
Use the Services in accordance with the recommendations, operating rules, and guidelines set by
WINDCRANE;
Ensure that your authorised agents, employees, or other persons responsible for accessing and
using the Services are instructed on the proper use of the Services in line with the instructions
provided by WINDCRANE;
Ensure that the Services are used in combination with the recommended software and you will
remain solely responsible for obtaining a license to use the said software; and
Ensure that the Services are used on a suitable piece of hardware.
The Services may not meet the standards to be expected of a mission-critical meteorological or
navigation resources. The Services Data provided by WINDCRANE may be obtained from external
sources and third parties. Such data is processed automatically without human oversight. Therefore,
the Services Data may not always be accurate, up-to-date, or available.
5. Use of Services Data
Any technical non-personal Services-related data collected by WINDCRANE through the Services
(e.g., wind monitoring data, historic wind data reports, wind forecasts, live data, and remote live
data) (the “Service Data”) can be used by WINDCRANE for any legitimate business purposes,
including, but not limited to:
To analyse the usage of the Services;
To enhance wind forecasts;
To examine the relevance, popularity, and engagement rate of the Services;
To investigate and help prevent security issues and abuse;
To develop and provide additional features to the Services; and
To personalise the Services for your specific needs.
The non-personal data may be disclosed to third parties for any purpose. WINDCRANE may share
it with prospects or partners for business or research purposes, for improving the Website and the
Services or developing new products and services.
You are not allowed to directly or indirectly disclose, deliver, transmit, broadcast, redistribute, or
forward the Services Data made available to you by WINDCRANE or any other data, information,
or images related to the Services in any format without prior written permission from WINDCRANE.
The Services and the Service Data made available to you by WINDCRANE may be used solely for
personal, informational, internal purposes and may not be re-purposed without the express written
permission of WINDCRANE.
6. Support and Maintenance
Any requests for customer or technical support should be addressed to WINDCRANE by email at
info@windcrane.com. If agreed between WINDCRANE and you, WINDCRANE shall provide
maintenance services related to the Services within the term of the service agreement. The
maintenance services shall be provided in accordance with the standards of skill and care
reasonably expected from a leading service provider in WINDCRANE’s industry.
WINDCRANE reserves the right to, upon a prior notice to you, schedule regular maintenance times
related to the Services. During the maintenance, all or a part of the Services may not be available
to you. WINDCRANE reserves the right, in its sole discretion, to suspend provision of all or a part
of the Services for unscheduled maintenance, if reasonably necessary. In that event,
WINDCRANE will put reasonable efforts to notify you as soon as possible.
7. WINDCRANE Hardware
We offer for sale wind monitoring systems that may contain hardware elements (the “Hardware”).
The use of the Hardware is subject to the terms and conditions of the respective warranty that you
will receive with the Hardware. Please read the warranty carefully and make sure that you use the
Hardware in accordance with the applicable technical requirements and follow all
recommendations, operating rules, and guidelines pertaining to the Hardware.
Right of withdrawal. If you purchase the Hardware as a consumer (i.e., a person acting wholly or
mainly outside the scope of trade, business, or profession) and, in your country of residence, you
have the right to withdraw from a service contract, you can cancel your sales contract with us
within the period of 14 days after you have physically taken possession of the Hardware without
providing any reason to us. If you act as a business, trader, or use the Hardware for professional
purposes, you are not entitled to exercise the right of withdrawal; please contact us for more
information. If you qualify for a withdrawal and you would like to receive a refund, you must inform
us of your decision to withdraw from the contract by email at info@windcrane.com before the 14-
day period expires. After you get our return notice, you have to return the Hardware at your own
cost to the address indicated by us without undue delay and in any event no later than 14 days
from the day on which you informed us about your wish to return the Hardware. The deadline is
met if you send back the Hardware before the period of 14 days expires. The shipping costs for the
return of the Hardware shall be paid fully by you and are non-refundable. To be entitled for a
refund, the Hardware must be (i) unused, (ii) in an impeccable condition, (iii) with the applicable
tags on, and (iv) in its original packaging. If any of these conditions are not met, we will not refund
you for the returned Hardware.
Faulty Hardware. If you find that the Hardware that you have received are faulty or wrong
Hardware has been delivered, you are entitled to:
Cancel the purchase and return the Hardware as described in section “Right of withdrawal” above;
Request a reduction of the fees paid by you or a refund (please contact us for further information);
Request a repair of the Hardware (please contact us for further information); or
Request to replace the Hardware with the same non-faulty Hardware or similar Hardware (please
contact us for further information).
If you do not receive the Hardware that you have purchased within the specified shipping period,
please contact us and we will look into your order.
8. Commercial Communication and Services-Related Notices
WINDCRANE will send you newsletters and other commercial communication only in the following
instances:
If WINDCRANE receives your prior express (“opt-in”) consent to receive marketing messages
(please note that your voluntary subscription to such communication substitutes such consent); or
If WINDCRANE decides to send you marketing messages about its new services that are closely
related to the Services already used by you.
If you prefer not to receive any commercial communication from WINDCRANE, you can easily opt-
out free of charge. To do so, please click the “unsubscribe” link in any email that WINDCRANE
sends to you. WINDCRANE will cease to send you commercial communication as soon as
possible.
Within the term of the Services, you may receive from WINDCRANE important technical notices
about your use of the Services, including service-related, technical or administrative emails,
information about your payments, privacy and security, and other important matters. Please note
that WINDCRANE will send such notices on an “if-needed” basis and they do not fall within the
scope of commercial communication that requires your prior consent and you cannot opt-out from
the said notifications.
9. Disclaimer of Warranties
Your use the Website and the Services is at your own risk. The Website and the Services are
provided to you “as is” without warranty of any kind either express or implied. It is your own
responsibility to ensure that the Website and the Services meet your specific requirements.
Neither WINDCRANE nor its employees, agents, third-party information providers, merchants,
licensors or the like warrant that the Website and the Services or their operation will be accurate,
reliable, uninterrupted or error-free. No agent or representative has the authority to create any
warranty regarding the Website and the Services on behalf of WINDCRANE.
10. Service Data Disclaimer
The use of the Service Data, including any action taken or not taken as a result of the Service
Data, is at your own risk.
The Service Data is made available with no warranties, expressed or implied, concerning the
accuracy, completeness, reliability, or suitability of the Service Data. The Service Data may contain
nonconformities, defects, errors, or omissions. You are solely responsible for verifying the
accuracy of the Service Data before using it. The Service Data is provided “AS IS”.
WINDCRANE shall not be liable regardless of the cause or duration, for any errors, inaccuracies,
omissions, or other defects in, or untimeliness or unauthenticity of, the Service Data, or for any
delay or interruption in the transmission thereof to you, or for any claims or losses arising
therefrom or occasioned thereby. You hereby assume the entire risk as to the quality of the
Service Data.
Furthermore, WINDCRANE does not accept any responsibility or provide any liability for any
damage to, or loss of data, software, or hardware resulting from the use of or inability to use the
Service Data. It is your responsibility to ensure the compatibility and protection of any data,
software, or hardware used in conjunction with the Service Data.
The use of the Service Data for purposes other than those for which the Service Data is intended
may yield inaccurate or misleading results. You may not assert any proprietary rights to the
Service Data.
WINDCRANE shall not be liable for any activity involving the Service Data with respect to lost
profits, lost savings or any other consequential damages. WINDCRANE shall not be liable for any
indirect, consequential, exemplary, special, incidental, or punitive damages, including, without
limitation, loss of use or lost business, revenue, profits, or goodwill, arising in connection with the
Service Data, under any theory of tort, contract, indemnity, warranty, strict liability or negligence,
even if WINDCRANE knew or should have known of the possibility of such damages.
11. Limitation of Liability
The content of the Website and the Services is for your general information and use only. It is
subject to change without notice. Neither WINDCRANE nor any third parties provide any warranty
or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the
information and materials found or offered on the Website and the Services for any particular
purpose. You acknowledge that such information and materials may contain inaccuracies or errors
and WINDCRANE expressly excludes liability for any such inaccuracies or errors to the fullest
extent permitted by law.
To the fullest extent permitted by applicable law, in no event will WINDCRANE, its affiliates,
founders, officers, directors, employees, agents, suppliers or licensors be liable to any person for
any indirect, incidental, special, punitive, cover or consequential damages, including, without
limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business,
business interruption, loss of anticipated savings, loss of business opportunity, however caused,
under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory
duty, negligence or otherwise, even if we have been advised as to the possibility of such damages
or could have foreseen such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,
so the limitation and exclusion of this section may not apply to you.
By using the Website and the Services, you acknowledge that WINDCRANE may use third-party
suppliers to provide software, hardware, storage, networking, and other technological services.
The acts and omissions of such third-party suppliers may be outside of WINDCRANE control. To
the maximum extent permitted by law, WINDCRANE excludes any liability for any loss or damage
resulting from the acts and omissions of such third-party suppliers.
12. Indemnification
You agree to indemnify and hold WINDCRANE and its affiliates, founders, directors, officers,
employees, and agents harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys’ fees, incurred in connection with or arising from any third-party
allegations, claims, actions, disputes, or demands asserted against any of them as a result of or
relating to your use of the Website, the Services, or any wilful misconduct on your part.
13. Intellectual Property
The Website and the Services contain materials which are owned by or licensed to WINDCRANE,
including, but not limited to, the texts, images, logos, photos, designs, layout, look, appearance,
graphics, trademarks, service marks, software, and source code (the “WINDCRANE Property”).
Except for material in the public domain under UK copyright law, the WINDCRANE Property is
protected by UK and foreign copyright laws. Except as otherwise expressly provided in these
Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license,
modify, rewrite, create derivative works from, transfer, or sell any WINDCRANE Property without
the prior consent of WINDCRANE.
These Terms do not transfer to you any intellectual property owned by WINDCRANE or third
parties, and all rights, titles, and interests in and to such property will remain solely with
WINDCRANE or respective third-party proprietors.
You may not use the WINDCRANE brand, the word or figurative trademarks associated with the
Website and the Services or third-party trademarks without a prior consent of a trademark owner.
You are not allowed to use such brands and trademarks in any way that suggests that
WINDCRANE sponsors, endorses, or associates with you without obtaining prior written consent
from WINDCRANE. All trademarks which are not the property of, or licensed to, WINDCRANE are
acknowledged.
If you have any grounds to believe that any content made available through the Website or the
Services violates your or third party’s intellectual property rights, please contact WINDCRANE and
express your concerns or request to remove the allegedly infringing content. Before sending your
claim to WINDCRANE, please make sure that you sign it and include information that would allow
WINDCRANE to locate the allegedly infringing content.
14. Your Content
By submitting any content through the Website or the Services (“Your Content”), you grant
WINDCRANE unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use,
distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare
derivative works of, and reproduce Your Content for the purposes of carrying WINDCRANE
legitimate business interests.
You agree not to submit Your Content that violates these Terms or any applicable laws, including
intellectual property rights of others.
You understand and agree that, in order to ensure the security of the Website the Services,
WINDCRANE may, but has no obligation to, monitor or review Your Content. WINDCRANE
reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove Your
Content, in whole or in part, that violates these Terms or may harm the reputation of the Website
and the Services. However, you remain solely responsible for Your Content.
You are not allowed to make publicly available personal data of persons who have not provided
you with their prior authorisation or consent to share that personal data (e.g., you cannot publish
name and contact details of a person who has not allowed you to do so) through Your Content.
Your Content includes your personal views and recommendations. Your Content does not reflect
WINDCRANE views, recommendations, endorsement, or any commitments related thereto.
15. Availability
The Website and the Services are available at all times, unless the availability of the Website or
the Services is impaired due to the scheduled or unscheduled maintenance, or force majeure
events. The availability of the Website and the Services may be affected by factors, which
WINDCRANE cannot reasonably control, such as bandwidth problems, equipment failure, or force
majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts
of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions;
shortage of supply; and breakdowns. We take no responsibility for the unavailability of the Website
or the Services caused by such factors. If you encounter problems while using the Website or the
Services, please contact us immediately.
WINDCRANE reserves the right, at its sole discretion, to change, modify, suspend, or discontinue
any aspect of the Website or the Services at any time, including their technical features, content,
databases, availability, and specifications of the required equipment.
16. Third-Party Links
From time to time, the Website and the Services may include links to other websites owned and
operated by third parties. These links are provided for your convenience to provide further
information. They do not signify that WINDCRANE endorses the third-party website(s).
WINDCRANE has no responsibility for the content of the linked website(s) and WINDCRANE is not
responsible or liable in any manner for the security and privacy practices deployed by those third
parties. Please exercise your due diligence before clicking on any third-party links.
17. Prohibited Use
None of the materials available on the Website may be reverse-engineered, disassembled,
decompiled, transcribed, stored in a retrieval system, translated into any language or computer
language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction,
recordation or otherwise), resold or redistributed without the prior written consent of WINDCRANE.
Any violation of this provision may result in severe civil and criminal penalties.
You are further not permitted to use the Website and the Services in any manner that substitutes
or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Fraud;
Provision of false, inaccurate, or misleading information;
Sharing content that depicts or incites others to commit acts of violence or may result in injuries,
physical harm, and emotional distress;
Spreading malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Sharing sexually explicit, nude, libellous, harassing, violent, defamatory, abusive, profane, vulgar,
threatening, hateful, obscene behaviour and terrorism-related content;
Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing,
and overburdening the Website or the Services;
Interfering with or abusing other users of the Website or the Services;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about the users of the Website or the Services.
If you think that some of the content available through the Website or the Services is inappropriate,
infringes these Terms, applicable laws, or your right to privacy, please contact WINDCRANE
immediately by email at info@windcrane.com.
18. Governing law and disputes
These Terms shall be governed and construed in accordance with the laws of Scotland, without
regard to its conflicts of law provisions. You agree to resolve any disputes arising out of or relating
to these Terms by means of negotiation with WINDCRANE. If the dispute cannot be resolved by
means of negotiation, the courts located in Scotland shall have the jurisdiction. This section does
not affect any statutory rights that you may be entitled to as a consumer.
19. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable,
such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable
law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity
and enforceability of the remaining provisions shall not be affected as a result.
20. Changes
WINDCRANE reserves the right to make changes to these Terms by posting the changed Terms
on the Website. Your continued use of the Website or the Services after the date of amendment
constitutes your agreement to all such terms, conditions and notices, and any changes to the
Terms made by WINDCRANE.
21. Contact
For any questions, suggestions, or concerns about these Terms or your use of the Website or the
Services, please contact us:
Email: info@windcrane.com
Contact form: https://www.windcrane.com/contact-us
Postal address for communication: Logic Energy Ltd, PO Box 26237, Kilmarnock, KA1 9GE, UK
[END]
