Terms of Service

These Terms of Service govern access to and use of HPP Design, including the website hpp-design.com, the web application app.hpp-design.com, free tools, paid bundles, professional sizing services, generated reports and related services.

These Terms are entered into between 54 Holding Srl, with registered office at Via Giuseppe Mazzini 5, 37047 San Bonifacio (VR), Italy, VAT No. IT04395100235 ("HPP Design", "we", "us" or "our") and the person or legal entity accessing or using the Services ("Customer", "User", "you" or "your").

1. Acceptance of the Terms

By creating an account, accessing the Services, purchasing a bundle, clicking "I accept", or otherwise using HPP Design, you agree to these Terms. If you use HPP Design on behalf of a company, organisation or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, do not use the Services.

2. Relationship with other documents

These Terms should be read together with:

• the Privacy Policy;
• the Cookie Policy;
• the Pricing page and checkout information;
• any order confirmation, invoice, quote or specific written agreement signed by HPP Design.

If there is a conflict between these Terms and a specific written agreement signed by HPP Design, the signed agreement prevails for the specific matter covered by it. Commercial terms displayed at checkout apply to the relevant purchase.

3. The Services

HPP Design provides cloud-based tools for preliminary sizing and configuration of hydropower turbines and related equipment, including parameters and outputs for turbine types such as Pelton, Francis, Kaplan and Archimedean Screw turbines, according to the features available from time to time.

The Services may allow users to enter site parameters, generate possible turbine configurations, view technical data, estimate performance, compare options, access efficiency-related information, estimate costs, save projects and download reports.

The Services are digital tools. They do not include, unless expressly agreed in writing, custom engineering consultancy, certification, site inspections, detailed engineering design, regulatory submissions, construction drawings, environmental assessment, grid connection analysis, procurement advice or professional liability coverage.

4. Eligibility

You must be at least 18 years old to create an account or purchase Services. If you represent a company or organisation, you must have the authority to act on its behalf.

HPP Design is primarily intended for engineers, consultants, developers and other professional or business users. Consumers may also purchase the Services; where you purchase as a consumer, the mandatory consumer protections described in these Terms apply.

5. Account registration

To create an account, you may be required to provide information such as first name, last name, company or organisation, telephone number, email address, country, address, VAT or tax identification number where needed, password and other information requested during sign-up or checkout.

You agree to provide accurate, complete and up-to-date information and to update it when necessary. HPP Design may suspend or terminate accounts containing false, incomplete, misleading or unlawful information.

You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately if you suspect unauthorised access.

6. Plans, free features and paid credits

HPP Design may offer free access, paid bundles, professional sizing credits or other plans. The features, limits, number of sizings, power thresholds, prices and VAT treatment are displayed on the Pricing page or at checkout and may change from time to time.

Purchased professional sizing credits do not expire. They remain available on your account until they are used, subject to the account termination and inactivity provisions of these Terms. If HPP Design introduces validity periods for credits in the future, such periods will apply only to credits purchased after the change and will be clearly displayed at checkout.

Credits are personal to the account, non-transferable and not redeemable for cash, unless mandatory law provides otherwise.

HPP Design may change plan names, limits, thresholds and features prospectively. Changes will not reduce already purchased paid credits, unless required by law, security, technical constraints or force majeure.

7. Orders, payment and invoicing

Prices are shown in the currency and VAT/tax status displayed at checkout. Unless otherwise stated, prices may be displayed excluding VAT. You are responsible for taxes, duties and charges applicable to your purchase, except for taxes based on HPP Design's income.

Payments are processed through our payment provider Stripe. By submitting payment information, you authorise Stripe and HPP Design to charge the amounts due. Full payment card numbers and CVV codes are processed directly by Stripe and are not stored by HPP Design.

HPP Design may issue electronic invoices or request additional billing data where required by Italian or EU tax rules, including VAT number, tax identification number, PEC, SDI code or billing address.

If payment fails, is reversed, is disputed or is suspected to be fraudulent, HPP Design may suspend access to paid Services until the issue is resolved.

Coupons or discounts are valid only under the conditions stated with the coupon and may expire, be limited to specific plans, be non-transferable or be withdrawn in case of misuse.

8. Refunds, cancellation and withdrawal rights

Unless mandatory law provides otherwise, paid digital Services, bundles and credits are non-refundable once purchased, especially where credits have been used, the service has been made available, or a generated output has been delivered.

For business customers, no statutory consumer withdrawal right applies.

If you are an EU consumer, you have a 14-day withdrawal right for distance contracts. However, where you expressly request immediate performance of a digital service or supply of digital content and acknowledge that you may lose the withdrawal right once the service is fully performed or the digital content is supplied, you may no longer be entitled to withdraw after performance or supply, subject to mandatory law. This acknowledgement is requested at checkout.

Nothing in these Terms limits mandatory rights that cannot be excluded under applicable law.

9. Use of the Services

You agree to use HPP Design only for lawful purposes and in accordance with these Terms. You must not:

• use the Services in violation of laws, regulations, sanctions, export controls or third-party rights;
• access or attempt to access accounts, systems or data without authorisation;
• interfere with, disrupt, overload, scan or test the vulnerability of the Services without written permission;
• introduce malware, viruses, worms, harmful code or disruptive content;
• reverse engineer, decompile, disassemble, copy or attempt to derive source code, algorithms or non-public logic except where mandatory law permits it;
• scrape, harvest, bulk extract or mirror the Services;
• resell, sublicense, rent, lease or commercially exploit the Services except as expressly allowed in writing;
• remove copyright, trademark or proprietary notices;
• use the Services to create a competing product or benchmark the Services publicly without written permission;
• enter personal data of third parties unless you have a lawful basis and all required notices and rights;
• use the Services for final construction, safety-critical decisions, regulatory filings or investment decisions without independent professional verification.

10. User data and responsibility for inputs

You retain ownership of the data you enter into HPP Design. You grant HPP Design a limited right to host, process, transmit, display, back up and use your data as necessary to provide, secure, maintain and improve the Services and comply with these Terms and applicable law.

You are solely responsible for:

• the accuracy, completeness and suitability of all input data;
• confirming site conditions, hydrology, geotechnical assumptions, environmental constraints, grid conditions, regulatory requirements, equipment availability and project economics;
• verifying all outputs before relying on them;
• maintaining independent backups of critical information and reports.

11. Generated outputs and engineering disclaimer

HPP Design outputs are preliminary and informational. They are generated from user inputs, assumptions, formulas, models, available turbine configurations and software logic that may not reflect all site-specific conditions, manufacturer limitations, local laws, safety factors, standards, construction constraints or market conditions.

HPP Design does not warrant that outputs are complete, accurate, suitable for a specific project, compliant with applicable standards, accepted by authorities, bankable, constructible, safe or economically achievable.

You must have qualified engineers and relevant professionals independently review and validate all outputs before using them for design, procurement, permitting, financing, construction, operation, safety assessment or contractual commitments.

No output from HPP Design constitutes professional engineering advice, certification, warranty, guarantee, feasibility approval, investment advice or substitute for expert judgement.

12. Intellectual property

HPP Design, including software, source code, object code, algorithms, databases, user interface, design, text, graphics, templates, reports, trademarks, know-how, documentation and all related intellectual property, is owned by HPP Design or its licensors.

Subject to your compliance with these Terms, HPP Design grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your internal professional or business purposes.

No rights are granted except as expressly stated in these Terms.

13. Reports and output licence

Subject to payment of applicable fees and compliance with these Terms, you may use reports and outputs generated for your own internal analysis, feasibility studies, preliminary project assessment and communication with your professional advisers, clients or project stakeholders.

You must not present outputs as certified, final or independently verified by HPP Design unless HPP Design has expressly provided a separate signed professional service agreement stating so.

14. Confidentiality

Each party may receive non-public information from the other party. The receiving party must use reasonable care to protect confidential information and must not disclose it except to personnel, advisers or providers who need to know it and are bound by confidentiality obligations, or where disclosure is required by law.

Confidential information does not include information that is public, already known without restriction, independently developed, or lawfully received from a third party.

15. Third-party services

The Services may integrate or link to third-party services such as payment providers, analytics tools, maps, documentation, external websites or support tools. Third-party services are governed by their own terms and policies. HPP Design is not responsible for third-party services except where mandatory law provides otherwise.

16. Availability, maintenance and changes

HPP Design aims to provide reliable Services but does not guarantee uninterrupted or error-free availability. The Services may be unavailable due to maintenance, updates, security issues, network failures, third-party provider issues, force majeure or other causes.

HPP Design may modify, suspend, discontinue or replace features, provided that material changes affecting paid Services will be handled in a commercially reasonable way and in accordance with mandatory law.

17. Support

Support is provided through the channels indicated on the website or app, such as email or support forms. Unless a separate service level agreement is signed, HPP Design does not guarantee response times or resolution times.

18. Account deletion, inactivity and termination

You may request deletion of your account through the account settings or by contacting HPP Design at info@hpp-design.com.

If you do not use the Services for more than 24 months, HPP Design may freeze your account. If inactivity continues for more than 36 months, HPP Design may terminate the account and delete associated data, including sizings, turbine configurations, generated reports and other account data, unless retention is required by law or for legal claims. Before any termination for inactivity, HPP Design will attempt to notify you at the email address associated with your account.

HPP Design may suspend or terminate access immediately if you breach these Terms, fail to pay amounts due, misuse the Services, create security risks, infringe third-party rights, provide false data, or violate applicable law.

19. Effects of termination

Upon termination, your right to access the Services ends. You may lose access to account data, project data, unused credits, configurations and generated outputs. Before deleting your account or allowing it to become inactive, download any reports or information you need.

Sections that by their nature should survive termination will survive, including intellectual property, confidentiality, payment obligations, disclaimers, limitation of liability, indemnity, governing law and dispute resolution.

20. Data protection

HPP Design processes personal data as described in the Privacy Policy. If you use the Services to process personal data on behalf of third parties, you are responsible for ensuring that you have the legal right to do so. The Services are not intended to process special categories of personal data or personal data of third parties inside project fields.

If a data processing agreement is required for your use case, contact HPP Design before entering such data into the Services.

21. Warranties and disclaimers

The Services are provided on an "as is" and "as available" basis to the maximum extent permitted by law.

HPP Design disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, uninterrupted availability and suitability for any specific hydropower project.

Nothing in these Terms excludes warranties or rights that cannot be excluded under mandatory law.

22. Limitation of liability

To the maximum extent permitted by law, HPP Design will not be liable for indirect, incidental, special, consequential, punitive or exemplary damages; loss of profits, revenue, business, opportunity, goodwill, data or anticipated savings; project delay; procurement losses; construction losses; financing losses; or losses arising from reliance on unverified outputs.

To the maximum extent permitted by law, HPP Design's total aggregate liability arising out of or relating to the Services will not exceed the amount paid by you to HPP Design for the Services giving rise to the claim during the 12 months before the event giving rise to liability. For free Services, the aggregate liability cap is EUR 100.

The limitations above do not apply to liability that cannot be excluded or limited under applicable law, including liability for wilful misconduct, gross negligence, death or personal injury caused by negligence, fraud, or mandatory consumer rights.

23. Indemnity

If you are a business user, you agree to indemnify and hold HPP Design harmless from claims, damages, liabilities, costs and expenses arising from your unlawful use of the Services, breach of these Terms, infringement of third-party rights, inaccurate inputs, or use of outputs without appropriate professional verification.

24. Force majeure

HPP Design is not liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, strikes, labour disputes, internet failures, hosting failures, power outages, cyberattacks, public authority actions, epidemics, changes in law or supplier failures.

25. Changes to these Terms

HPP Design may update these Terms from time to time. Updated Terms will be posted on the website or app. Material changes may also be notified by email or in-app notice. Continued use of the Services after the effective date of updated Terms constitutes acceptance, except where mandatory law requires a different process.

Changes to paid Services will not retroactively alter the essential commercial terms of already purchased credits, unless required by law, security, technical necessity or force majeure.

26. Governing law and jurisdiction

These Terms are governed by the laws of Italy, excluding conflict-of-law rules.

For business users, the courts of Verona, Italy, have exclusive jurisdiction, unless mandatory law provides otherwise.

For consumers, disputes may be brought before the courts of the consumer's place of residence or domicile where mandatory consumer law so provides. Nothing in these Terms limits mandatory consumer rights.

27. Notices and contact

Legal notices to HPP Design must be sent to:

54 Holding Srl
Address: Via Giuseppe Mazzini 5, 37047 San Bonifacio (VR), Italy
Email: info@hpp-design.com

HPP Design may send notices to the email address associated with your account, through the app, or by posting notices on the website.

28. Assignment

You may not assign or transfer your rights or obligations under these Terms without HPP Design's prior written consent. HPP Design may assign these Terms in connection with a merger, reorganisation, sale of assets, change of control or transfer of the HPP Design business, provided that your mandatory rights are not reduced.

29. Severability and no waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of the right to enforce it later.

30. Entire agreement

These Terms, together with the Privacy Policy, Cookie Policy, checkout terms and any signed written agreement, constitute the entire agreement between you and HPP Design regarding the Services.