Last updated: 1 May, 2026 · Version 1.3
1. Definitions
The following terms have the meanings set out below wherever they appear in these Terms and Conditions.
2. Account Registration and Access
2.1 To use CastValue, Users must register and create an account. By registering, you confirm that the information you provide is accurate and that you have the authority to enter into this agreement on behalf of any organisation you represent.
2.2 Accounts are non-transferable. Users may not share login credentials with third parties. Organisations wishing to grant access to multiple Users must contact CastValue to arrange appropriate multi-seat access.
2.3 FlexUp reserves the right to reject, suspend, or terminate any account at its reasonable discretion, particularly where a User is found to have violated these Terms or to be acting in bad faith toward the platform, other Users, or the integrity of the benchmarking process.
3. Forecaster Terms — Data Submission and Use
3.1 Data Ownership
Forecasters retain full ownership of their underlying Forecast Data. CastValue does not claim ownership of any raw forecast submissions.
3.2 License Grant
By uploading Forecast Data to CastValue, the Forecaster grants FlexUp a non-exclusive, worldwide, royalty-free license to:
3.3 Vintage Classification and Data Integrity
CastValue automatically classifies all submitted Forecast Data as ex ante (submitted prior to Resolution of the relevant Target Variable) or ex post (submitted after Resolution) based on upload timestamp. This classification is determined by the platform and is final for benchmarking purposes. Forecasters accept the platform's vintage classification as the authoritative basis for their performance record.
Forecasters warrant that the Forecast Data they submit is genuine and that they have the right to submit it without breaching any confidentiality, employment, or third-party data agreement.
3.4 Consent to Benchmarking and Display
Forecasters expressly consent to their Benchmark Data being made visible to Traders on the platform in accordance with their chosen plan, privacy settings, and the post-Resolution rule. Forecasters on the free Showcase plan agree to basic directory listing and headline accuracy visibility. Forecasters on Showcase Pro additionally consent to lead alert features and contact data sharing as described in the plan terms published on the CastValue website.
3.5 Post-Resolution Rule
Forecast Data and Benchmark Data for a given forecast period are made available to other platform Users only after Resolution of the relevant Target Variable for that period.
3.6 Visibility Controls
Forecasters may adjust which markets, horizons, or time periods are displayed on their Showcase Dashboard within the constraints of their plan. CastValue does not permit selective exclusion of performance periods for the purpose of misrepresenting overall accuracy. FlexUp reserves the right to display a disclosure where data coverage is materially incomplete.
3.7 Minimum Data Standards
FlexUp may establish and update minimum data quality standards covering coverage, submission frequency, and format, as published on the CastValue website from time to time. Forecast Data that does not meet these standards may be excluded from benchmark rankings or flagged accordingly, with notice given to the Forecaster.
4. Benchmark Data Access Terms
4.1 License to Access
Users holding a Benchmark Data access plan (whether Explore, Benchmark Pro, or Showcase Pro as applicable) are granted a limited, non-exclusive, non-transferable license to access and use Benchmark Data for their own internal business purposes. Permitted purposes include forecast provider evaluation, procurement, trading decision support, and — for Forecasters — benchmarking and improving their own forecasting methods and positioning.
4.2 Restrictions on Use
Users may not:
4.3 Internal Use and Exports
Users may export Benchmark Data to PDF or Excel formats for internal business purposes, including investment committee, risk review, procurement documentation, or internal forecast methodology review. Such exports must retain all CastValue attribution marks and may not be distributed externally as standalone documents without FlexUp's prior written consent.
4.4 API Terms
API access is granted solely for the purpose of integrating Benchmark Data into the Trader's own internal systems and workflows. API credentials may not be shared externally. Automated extraction beyond reasonable internal use is prohibited and may result in rate limiting or account suspension.
4.5 Not Investment or Trading Advice
Benchmark Data provided by CastValue is for informational and evaluation purposes only. It does not constitute trading advice, investment recommendations, or any form of regulated financial service. Users are solely responsible for their own trading, commercial, and methodological decisions. FlexUp accepts no liability for losses arising from reliance on Benchmark Data. Users who use Benchmark Data in external communications — including sales materials, marketing, or client-facing documents — are solely responsible for ensuring such use complies with applicable advertising and competition law, including rules on comparative advertising (§ 6 UWG).
5. Intellectual Property
5.1 All intellectual property in the CastValue platform, including the user interface, software, and documentation, is owned exclusively by FlexUp GmbH. The Platform Methodology is published as open source; nothing in these Terms restricts Users' rights to use the open source methodology in accordance with its published licence terms. The compiled Benchmark Data and the structured collection of Forecast Data submissions constitute protected databases under §§ 87a et seq. of the German Copyright Act (UrhG). FlexUp has made and continues to make a substantial investment in obtaining, verifying, and presenting the contents of these databases. Extraction or re-utilisation of substantial parts of these databases without FlexUp's prior written consent is prohibited.
5.2 Benchmark Data is a derivative work produced by FlexUp through application of the Platform Methodology to Forecast Data. Ownership of Benchmark Data vests in FlexUp, subject to the Forecaster's rights in the underlying Forecast Data.
5.3 FlexUp may use aggregated, anonymised, and non-attributable performance data for the purposes of platform improvement, product development, marketing, and publication of market insights, provided no individual Forecaster's performance can be identified without their consent.
6. Subscriptions, Payment, and Cancellation
6.1 Free plans are available indefinitely at no charge. FlexUp reserves the right to modify, limit, or discontinue free plan features where there is a justified reason to do so — including legal or regulatory requirements, significant platform development (such as the introduction of new features, new User categories, or material growth in the User base that changes the platform's value or risk profile), or changes to the scope of the free offering — with 30 days' written notice.
6.2 Subscription fees for paid plans are as published on the CastValue website from time to time. Prices are quoted exclusive of VAT. Applicable VAT will be added at checkout in accordance with applicable EU rules. FlexUp will provide at least 30 days' written notice of any change to subscription fees.
6.3 Paid subscriptions are billed monthly in advance and renew automatically unless cancelled. Cancellations must be submitted through the platform before the next billing date to take effect for the following period. No refunds are issued for partial months, except as provided in Section 10 (Amendments).
6.4 In the event of non-payment, FlexUp may suspend paid features pending resolution. Accounts in arrears for more than 30 days may be terminated with written notice.
7. Data Protection and GDPR
7.1 FlexUp processes personal data in accordance with its Privacy Policy, which forms part of these Terms. Users are encouraged to read the Privacy Policy before registering.
7.2 FlexUp acts as data controller for account and usage data collected in connection with the platform. Where Users upload personal data of third parties, the User acts as data controller for that data and is solely responsible for ensuring compliance with applicable data protection law, including the GDPR.
7.3 FlexUp implements appropriate technical and organisational measures to protect personal and forecast data against unauthorised access, loss, or disclosure, in accordance with applicable data protection law.
7.4 Upon account termination, FlexUp will delete personal account data within 30 days. Aggregated or anonymised Benchmark Data derived from the account may be retained for platform integrity and historical benchmarking purposes.
7.5 Users who are market participants in wholesale energy markets within the meaning of Regulation (EU) No 1227/2011 as amended by Regulation (EU) 2024/1106 (REMIT II) are solely responsible for ensuring that their use of the CastValue platform — including the submission of Forecast Data and access to Benchmark Data — complies with their obligations under REMIT II, including the prohibition on insider trading and the obligation to publish inside information. FlexUp does not monitor Users' compliance with REMIT II and accepts no liability in connection with any User's obligations under that regulation.
8. Liability and Disclaimers
8.1 CastValue is provided "as is." FlexUp makes no warranty that the platform will be uninterrupted, error-free, or free from inaccuracies, and does not guarantee the accuracy or completeness of any Benchmark Data.
8.2 To the maximum extent permitted by applicable law, FlexUp's aggregate liability to any User for any claim arising from simple negligence in connection with non-cardinal contractual duties shall not exceed the total fees paid by that User to FlexUp in the 12 months preceding the claim. For breaches of cardinal contractual duties — those whose performance is essential to the proper execution of this agreement and on whose observance the User may reasonably rely — liability is limited to the typically foreseeable damage.
8.3 To the extent permitted by applicable law, FlexUp shall not be liable for indirect, consequential, or special damages, including loss of profit, trading losses, or loss of business opportunity, arising from use of or reliance on the platform. This exclusion applies only in cases of simple negligence and does not apply to breaches of cardinal contractual duties, gross negligence, or wilful misconduct.
8.4 Nothing in these Terms limits liability for fraud, wilful misconduct, or death or personal injury caused by negligence.
9. Term and Termination
9.1 These Terms take effect upon account registration and continue until the account is terminated.
9.2 Either party may terminate a free account at any time without notice. Paid subscriptions may be cancelled as described in Section 6.
9.3 FlexUp may terminate or suspend any account immediately for material breach of these Terms, including submission of fraudulent Forecast Data, unauthorised redistribution of Benchmark Data, or conduct materially detrimental to platform integrity. FlexUp will provide written notice of such termination and the reasons for it.
9.4 Upon termination, the User's license to access CastValue ceases immediately. Obligations relating to data ownership, intellectual property, and limitation of liability survive termination.
10. Amendments to These Terms
10.1 FlexUp may amend these Terms where there is a justified reason to do so, including changes in applicable law or regulation, court decisions affecting the enforceability of these Terms, material changes in FlexUp's cost base, or significant platform development — such as the introduction of new features, new User categories, or material growth in the User base that changes the platform's value or risk profile. Users will be notified of material changes by email or prominent platform notification at least 30 days before the amended Terms take effect.
10.2 Users who do not accept the amended Terms may terminate their account or cancel their Subscription with effect from the date the amended Terms take effect. Paid subscribers who cancel on this basis will receive a pro-rata refund of any prepaid fees for the unused period from the effective date of the change.
10.3 Continued use of CastValue after the effective date of any amended Terms constitutes acceptance of those Terms.
11. General
11.1 These Terms constitute the entire agreement between FlexUp and the User in relation to use of CastValue, and supersede all prior agreements and representations on that subject.
11.2 If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
11.3 FlexUp's failure to enforce any provision of these Terms shall not constitute a waiver of its rights to do so in the future.
11.4 Users may not assign their rights or obligations under these Terms without FlexUp's prior written consent.
11.5 FlexUp maintains a provider identification notice (Impressum) on the CastValue platform as required by the Digitale-Dienste-Gesetz (DDG). The Impressum contains FlexUp's full legal name, registered address, and commercial register details, and is accessible from the platform at all times.
12. Governing Law and Disputes
12.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law provisions.
12.2 The parties agree to attempt to resolve any dispute amicably before resorting to formal proceedings. In the event a dispute cannot be resolved amicably, the courts of Munich (Bayern) shall have exclusive jurisdiction.