PLEASE READ THIS POLICY CAREFULLY BEFORE USING THE LUMEN PLATFORM

1. Purpose and scope

This Fair Usage Policy (the "Policy") governs use of the Lumen platform and any related APIs (together, the "SaaS Services") provided by FGENexantECA. It is referenced in Schedule 5 (SaaS) of the Master Services Agreement (the "MSA") and applies in addition to the MSA, the relevant Schedule and the Order Form.

This Policy is designed to ensure that use of the SaaS Services is fair and reasonable, that no individual Client's usage degrades performance for other Clients, and that usage remains consistent with the agreed pricing model.

By using the SaaS Services, the Client and its Authorised Users agree to comply with this Policy. Failure to comply may result in throttling, suspension, additional charges or termination as set out below.

2. Definitions

Capitalised terms not defined here have the meanings given in the MSA or Schedule 5.

•       "Authorised User" has the meaning given in Schedule 5 of the MSA.

•       "Excessive Use" means usage that, in FGENexantECA's reasonable opinion, is not consistent with normal business use of the SaaS Services or that materially exceeds the limits set out in section 3 below.

•       "Permitted Purpose" means use of the SaaS Services for the Client's internal business purposes in connection with energy market analysis and related activities, as more particularly described in the Documentation.

•       "Run" means a single end-to-end query or analysis submitted to the SaaS Services through the user interface.

3. Fair use — UI access

Normal business use of the SaaS Services means executing one Run at a time per Authorised User, with each Run sized appropriately for the analysis being performed.

 

3.1 Concurrency

Concurrent Runs per Authorised User: 1 (one) concurrent Run. Authorised Users wishing to execute multiple Runs concurrently must use any concurrent-use feature made available by FGENexantECA, where applicable, or obtain FGENexantECA's prior written consent.

 

3.2 Reasonable use carve-out

Occasional bursts of activity that exceed normal patterns will not trigger enforcement provided they are isolated and not systematic. FGENexantECA reserves the right to determine, acting reasonably, whether usage is consistent with this Policy. Where particular Runs or patterns of usage are unusually large or resource-intensive, FGENexantECA may discuss them with the Client before treating them as Excessive Use.

4. Fair use — API access

API access (where included in the Client's subscription) is subject to additional limits reflecting the higher infrastructure and concurrency profile of programmatic use.

 

4.1 Concurrency

Concurrent Requests per service account: 1 (one) concurrent request unless an alternative concurrency limit is granted in writing by FGENexantECA.

 

4.2 Usage limits

Each Client API account is subject to a usage limit configured by FGENexantECA. When the limit is reached, the API will automatically stop accepting requests until the limit is reset, increased or the next billing period begins. The applicable limit will be notified to the Client in the Order Form or by FGENexantECA from time to time.

 

4.3 API in development

The Client acknowledges that the API offering is under active development. FGENexantECA reserves the right to modify the API specification, the applicable rate limits and the underlying infrastructure prior to general availability. FGENexantECA will give Clients reasonable notice of material changes that affect their existing usage.

 

5. Prohibited uses

The Client and its Authorised Users must not:

•       use the SaaS Services other than for the Permitted Purpose;

•       use the SaaS Services as a general-purpose AI gateway or to provide AI functionality to third parties;

•       use the SaaS Services to train, develop, fine-tune or evaluate any other artificial intelligence or machine learning model;

•       use scripted, automated or systematic methods to access the SaaS Services other than via the API in accordance with the limits in section 4;

•       attempt to circumvent any rate limits, concurrency caps or other technical controls applied to the SaaS Services;

•       share service account credentials or use a single Authorised User account to support concurrent activity by multiple individuals;

•       submit inputs to the SaaS Services that breach the acceptable use policies of FGENexantECA's underlying providers, including (without limitation) inputs relating to the design or production of weapons, child sexual abuse material, malicious code, or content that is illegal under English law;

•       use the SaaS Services in a manner that places undue load on the platform or that degrades performance for other users.

 

6. Pass-through of underlying provider terms

The SaaS Services are delivered using infrastructure and models provided by third party providers. The Client and its Authorised Users acknowledge that their use of the SaaS Services is subject to the acceptable use policies of those underlying providers, and the Client must ensure that its Authorised Users comply with such policies. FGENexantECA will make available, on request, summaries of any restrictions imposed by underlying providers that affect the Client's use of the SaaS Services.

 

7. Monitoring and enforcement

FGENexantECA monitors usage of the SaaS Services to enforce this Policy. Where FGENexantECA identifies Excessive Use or any breach of this Policy, FGENexantECA may, in its discretion and acting reasonably, take any one or more of the following actions:

•       issue a warning to the Client and require the Client to address the issue within a reasonable period;

•       apply technical throttling to the affected Authorised User(s) or the Client account as a whole;

•       temporarily suspend the affected Authorised User(s) or the Client account;

•       for API access, allow the configured usage limit to take effect, blocking further requests until reset;

•       charge the Client for usage in excess of normal patterns at the rate notified by FGENexantECA from time to time;

•       treat persistent or material breach as a material breach of the MSA, with the consequences set out in clause 14 of the MSA.

FGENexantECA will, where reasonably practicable, give the Client notice before applying throttling or suspension and an opportunity to remediate.

 

8. Changes to this Policy

FGENexantECA may amend this Policy from time to time. FGENexantECA will give the Client reasonable notice of material changes.

 

9. Contact

Questions about this Policy or about specific usage should be directed to: customer.support@fgenexanteca.com.

 

10. Governing law

This Policy is governed by English law and is to be read together with the MSA and Schedule 5. In the event of any conflict, the MSA precedence order applies.