Terms of service

1.Acceptance

1.1Purpose. These Terms of Service (“Terms”) govern access to and use of SEN Energy Data by Sherpas (the “Service”), operated by Sherpas Group SpA, RUT 76.271.957-6, domiciled at La Siembra 8934, Vitacura, Santiago, Chile, represented by Gonzalo Esteban Díaz Pearcy (“Sherpas”), by any person who accesses or uses the Service (the “User”).

1.2Acceptance. The User accepts these Terms and the Privacy policy by checking the required box on the access-request form, whose text reads “He leído y acepto los Términos de Servicio y la Política de Privacidad de SEN Energy Data by Sherpas (versión 1.1)” (in English, “I have read and accept the SEN Energy Data by Sherpas Terms of Service and Privacy Policy (version 1.1)”). Together with the request, Sherpas records the name and e-mail address that the requester enters in the form, the version accepted and the date. Anyone who requests access by e-mail instead of using the form must state in the message that they accept these Terms and the Privacy policy (version 1.1), and that message is the record of their acceptance. Anyone who does not agree with these Terms must refrain from using the Service. Anyone who accepts on behalf of an organization declares that they are authorized to bind it.

1.3Sign-in and people already admitted. When the User signs in, the authorization screen informs the User that, by continuing, they accept these Terms and the Privacy policy (version 1.1), with links to both documents. Sherpas will ask by e-mail that people admitted before version 1.0 took effect accept these Terms expressly, and will state in that e-mail the version whose acceptance is requested.

2.Description of the Service

2.1What the Service is. SEN Energy Data by Sherpas is a free alpha service, with access by request, that delivers public data on the Chilean electricity market (SEN, Sistema Eléctrico Nacional) to the User’s AI assistant (Claude or ChatGPT, including Codex; Microsoft Copilot coming soon) through an MCP server, the standard AI assistants use to connect to data sources.

2.2Coverage. The SEN Energy Data by Sherpas trust page (the “trust page”, https://sherpas-sen-mcp.web.app) presents the Service’s current coverage and its declared limitations, for each data table.

2.3Certified Layer. The Service includes a layer of Sherpas’s own, made up of the canonical entity dictionary (the canonical identifiers, names and types of SEN entities, such as power plants, busbars and companies), the correspondence tables between the identifiers of the same entity and the certified metrics, with their documentation (the “Certified Layer”), to which sections 4 and 5 refer. “Certified” means that the metrics have an operational definition that is documented and validated internally by Sherpas; it is not a third-party certification or a guarantee of accuracy.

2.4Nature of the Service. The Service is offered as an alpha, is free of charge and operates by request. It may change, be interrupted or end, in accordance with section 8, and Sherpas offers no service level agreement at this stage.

2.5AI assistants and third-party services. Sherpas does not control the third-party AI assistants through which the User connects to the Service, nor their answers, and the User remains subject to the terms and policies of their providers. Claude is a trademark of Anthropic; ChatGPT and Codex, of OpenAI; Microsoft Copilot (coming soon), of Microsoft. Sherpas is not affiliated with, sponsored by or endorsed by those companies.

2.6Independence from public bodies. SEN Energy Data by Sherpas is not a service of Chile’s Coordinador Eléctrico Nacional (“CEN”) or of any public body, and is not affiliated with or endorsed by them. The figures it provides are prepared by Sherpas from public information and may differ from the official figures; in the event of a difference, the official source prevails.

3.Access and accounts

3.1Admission by request. Access is granted individually, on request, to an e-mail address, the same one the User uses to sign in with Google, which Sherpas adds to a list of admitted people.

3.2Request form. There is no self-registration and no automatic public sign-up. The access-request form on this site records a request for Sherpas to review, but it does not create an account or grant access by itself.

3.3Admission decision. Sherpas may accept or decline any request and admit a limited number of people. Suspension, revocation and termination of access are governed by section 8.

3.4Personal account and credentials. The User must use the Service only through their own admitted account or e-mail, keep their access credentials safe and not share their session or credentials with third parties. The User must notify Sherpas immediately, at the address stated in section 13, if they believe someone else used their access without authorization.

3.5Professional use. The Service is intended for professional use and is not directed to persons under 18 years of age. The User declares that they use it for professional or business purposes and not as a final consumer.

4.Acceptable use

4.1 In addition to section 3, the User agrees:

1. not to attempt to evade, overload or circumvent the usage limits Sherpas enforces on the Service, nor to automate queries to bulk-download its content;
2. not to probe the Service for security vulnerabilities without Sherpas’s prior written permission, nor to access systems or data without authorization or in excess of the authorization they have; such conduct may constitute an offence under Law No. 21.459;
3. not to replicate, resell or redistribute the Certified Layer in bulk or systematically, nor to build with it a product that replaces it, without a separate written agreement;
4. not to use the Service to identify, profile or track natural persons, nor to attempt to extract third parties’ personal data;
5. not to enter in their queries or reports third parties’ personal data, sensitive data, health data, payment card data, identification numbers, passwords or credentials, which the Service does not need;
6. not to present the Service’s figures as official figures of the CEN or of any authority;
7. not to use the Service for unlawful purposes or in a manner contrary to Chilean law.

5.Data, sources and licences

5.1Public sources. The underlying data comes mainly from the CEN, which by law must maintain public information systems on the facilities and the operation of the system (Article 72°-8 of the General Electricity Services Law), and from other public sources. Sherpas claims no ownership over the facts those sources publish.

5.2Conditions of each source. The data of each source remains subject to the conditions of that source, and these Terms give the User no more rights over it than the source grants. The terms of the CEN’s site allow its contents to be downloaded for personal or academic use citing the source, and require prior authorization for their sale, resale, distribution or reproduction for commercial purposes. The Pollutant Release and Transfer Register (“RETC”, Registro de Emisiones y Transferencias de Contaminantes) of the Ministerio del Medio Ambiente declares a Creative Commons attribution licence for its dataset, and each datos.gob.cl dataset states its own.

5.3Citing the original source and Sherpas. When publishing or sharing figures obtained with the Service, the User must cite the original source and Sherpas, stating the origin of the data and its processing. For example: “Source: Coordinador Eléctrico Nacional (public data). Processing: SEN Energy Data by Sherpas, accessed on [date].” If the figure uses another of the sources in section 5.4, the User must name it as well.

5.4Main sources. The Service’s main sources and the way to name them are the following:

1. Coordinador Eléctrico Nacional: operation, marginal costs, demand, generation, transfers and infrastructure (Infotécnica). “Source: Coordinador Eléctrico Nacional.”
2. Comisión Nacional de Energía: statistics and declarations of projects under construction. “Source: Comisión Nacional de Energía.”
3. Ministerio de Energía (IDE Energía): geographic layers of facilities. “Source: Ministerio de Energía, IDE Energía.”
4. Ministerio del Medio Ambiente (RETC): emissions by facility. “Source: RETC, Ministerio del Medio Ambiente.”
5. datos.gob.cl: State datasets. The attribution that each dataset indicates.
6. Banco Central de Chile: observed US dollar exchange rate, obtained through mindicador.cl. “Source: Banco Central de Chile (via mindicador.cl).”

5.5Information in the results. As a general rule, every metric, operation or query result states the metric or tables used and the date up to which data is available.

5.6Licence of use. Sherpas retains all rights in the Service and the Certified Layer and grants the User, for as long as their access lasts, a limited, non-exclusive, non-transferable, revocable and royalty-free licence to use the Service and its results in their internal professional work and to publish derived figures and analyses, with the attribution described in section 5.3. The licence does not include redistributing the Certified Layer in bulk or systematically, reselling it, offering it to third parties as a service or rebuilding it from the Service’s results, without prejudice to section 4.

5.7Catalogue metadata. The metadata of the source catalogue that Sherpas publishes as such is governed by the Creative Commons Attribution 4.0 International (CC BY 4.0) licence, as indicated in each case. The Certified Layer is not licensed under CC BY 4.0.

5.8Ownership. The software, trademarks, documentation and design of the Service belong to Sherpas or its licensors.

6.Accuracy and disclaimer of warranties

6.1Provided “as is”. The Service and the data it returns are provided “as is” and as available, on a best-efforts basis by Sherpas. To the fullest extent permitted by applicable law, Sherpas gives no warranty of any kind, express or implied, as to their accuracy, completeness, timeliness or fitness for a particular purpose, nor as to their availability or continuity.

6.2Data gaps and verification. The trust page and the list of limitations that the Service makes available to the AI assistant report the data gaps or discontinuities, the timeliness of each table and the other limitations that Sherpas knows of as of their update date, and complement this section. Sherpas does not guarantee that this information is exhaustive: the User must independently verify figures before making important decisions.

6.3No advice. The Service is not financial, investment, regulatory or technical advice.

7.Limitation of liability

7.1Excluded damages. To the fullest extent permitted by applicable law, Sherpas is not liable for loss of profit (lucro cesante), loss of opportunity, of data or of business, or for indirect damages arising from the use of the Service or from decisions made on the basis of the data it returns.

7.2Liability cap. Sherpas’s total liability for any claim relating to the Service will not exceed the amount the User paid for it in the twelve months preceding the event giving rise to the claim or, while the Service is free of charge, the equivalent in Chilean pesos of USD 100.

7.3Wilful misconduct and gross negligence. The exclusions and limitations in sections 6 and 7 do not apply in case of wilful misconduct (dolo) or gross negligence (culpa grave) by Sherpas, and nothing in these Terms excludes or limits any liability that applicable law does not allow to be excluded or limited, or the non-waivable rights that the law grants to the User.

8.Suspension and termination

8.1Suspension or revocation. Sherpas may suspend or revoke the User’s access, without prior notice, if the User breaches section 3 or 4, if there is a security risk or if the law so requires. Sherpas will state the reason, unless the law or the security of the Service prevents it.

8.2Termination of access and discontinuation of the Service. Outside the cases in section 8.1, Sherpas will give at least 15 days’ notice by e-mail before terminating the User’s access or discontinuing the Service. Sherpas may change the Service at any time, because this is a free pre-release service and not a subscription with a guaranteed term.

8.3Termination by the User. The User may stop using the Service at any time and request the deletion of their data in accordance with the Privacy policy.

8.4Surviving provisions. Provisions that by their nature should survive the end of access survive it, in particular sections 5, 6, 7, 11 and 12.

9.Privacy

9.1 The processing of the User’s personal data is governed by the Privacy policy, which forms part of these Terms.

10.Changes to these Terms

10.1Updates to the Terms. Sherpas may modify these Terms as the Service evolves from alpha towards a wider release. Material changes will be announced by e-mail to admitted people and on this page at least 15 days before they take effect. Minor changes, or changes required by law, may take effect upon publication.

10.2Versions. Each version states its number and its effective date. Earlier versions are provided on request.

10.3Continued use. Use of the Service after a change has taken effect constitutes acceptance of it, unless the change requires new consent under the Privacy policy, in which case it will be requested expressly.

11.Governing law and jurisdiction

11.1Governing law. These Terms are governed by the laws of the Republic of Chile.

11.2Jurisdiction. Any dispute relating to these Terms or to the Service will be submitted to the jurisdiction of the ordinary courts of justice of Santiago, Chile, without prejudice to the non-waivable rights that the law grants to the User.

12.General provisions

12.1Severability. If any provision of these Terms is declared void or unenforceable, the remaining provisions remain in force.

12.2No waiver. A failure or delay by Sherpas in exercising a right under these Terms does not constitute a waiver of it.

12.3Entire agreement. These Terms and the Privacy policy constitute the entire agreement between the User and Sherpas with respect to the Service, without prejudice to the information the trust page provides under sections 2.2 and 6.2 and to any written agreement entered into separately.

12.4Assignment. Sherpas may assign these Terms and the rights and obligations arising from them. The User may not assign them without Sherpas’s prior written consent.

12.5Notices. Notices between Sherpas and the User are given by e-mail: Sherpas’s to the address with which the User was admitted, and the User’s to the contact address stated in section 13, without prejudice to section 10.1 on changes to these Terms.

12.6Term. These Terms apply from the moment the User accesses or uses the Service until the end of their access, in accordance with section 8.

12.7Language. This English version of the Terms is a translation of the Spanish original; where the two differ, the Spanish version prevails.

13.Contact

13.1 For any question about these Terms, the Privacy policy, a request about personal data or the Service, the User may write to jorge@sherpas.net or visit the Support page. Sherpas Group SpA · La Siembra 8934, Vitacura, Santiago, Chile.