DTN Addendum – Energy Services

Last updated: January 1, 2024

The additional terms set forth in this Addendum apply to the following DTN Energy products and services (collectively, the “Service”): Messaging, FuelSellerTM, Price AdminTM, TIMS, PetroEx, Partner Insights, and TABS services, including any add-on modules or features/functionality to the foregoing (including, without limitation, TABS Allocation Viewer (Classic and Contemporary), Enhanced Credit Module, Load Assistance Dashboard, Supply Event Module, Terminal Viewer, Forecast Module, Forecast Viewer, Planned Movement/Pickup Module, TABS BOL Push, Fuel Admin, and associated APIs).

1. DTN Messaging (“Messaging”) consists of the electronic transmission services for transmitting various types of information from Customer to Third Parties when and as requested by Customer locations. For the purposes of this Addendum, “Third Parties” means any third party that Customer designates to receive any information from Customer.
2. DTN Terminal Administration and Billing System (“TABS”) provides Customer with the ability via the Internet to monitor and control product allocations, manage third party credit or accounts, and transmit/receive bill of lading (BOL) data.
3. DTN Terminal Inventory Management System (“TIMS”) provides Customer with the ability to aggregate and receive formatted pipeline and terminal data feeds, including (without limitation) pipeline tickets, transportation schedules, inventory data and balances, in a selected standard format.
4. DTN Petroleum Product Exchange (“PetroEx”) consists of an Internet based data exchange application using the PIDX standardized record formats to transmit bill of lading (BOL), pipeline tickets, product transfer order and inventory data.
5. DTN FuelSellerTM (“FuelSeller”) provides Customer with the ability to optimize and execute rack price decisions by integrating market price discovery, client business intelligence, and/or various pricing strategies.
6. DTN Price AdminTM (“Price Admin”) provides Customer with the ability to authorize and send price messages to third parties, and export price files to facilitate integration into Customer’s billing, accounting, or ERP system.
7. DTN Partner Insights (“Partner Insights”) provides Customer with the ability to collect and share data (such as carriers, drivers, and vehicles) necessary to facilitate operations with supply chain partners via a single point-management of the data with automated distribution to terminal systems along with integration capabilities to other systems via available APIs.
8. For purposes of this Addendum, the term “Transaction Data” means, collectively, BOL data, pipeline and terminal data information, and product order and inventory data (as applicable). Transaction Data will be collected, transmitted, and monitored as specified by the Customer.
9. In order to utilize the Service, Customer (and each applicable Third Party) shall be responsible for obtaining and maintaining any equipment, devices, software, hardware, or other ancillary services necessary to connect to, access, or otherwise use of the Service.
10. The establishment, maintenance, and termination of any contracts, and the terms and conditions thereof, between Customer and any other party using the Service are the sole responsibility of Customer and such other party. Neither DTN nor Customer is an agent or representative of the other. Neither DTN nor Customer has the right or authority to create, assume, or incur any liability or obligation of any kind on behalf of or in the name of the other. In no event will this Agreement or the provision or use of the Service be deemed to create or imply any right of either party to create, assume, or incur any liability or obligation of any kind on behalf of or in the name of the other.
11. DTN EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OPINION, WHETHER EXPRESS OR IMPLIED, AS TO THE LEGAL ENFORCEABILITY OR ADMISSIBILITY AS EVIDENCE OF ANY RELATIONSHIP INTO WHICH CUSTOMER ENTERS OR COMMUNICATION WHICH CUSTOMER EXCHANGES THROUGH USE OF THE SERVICE.