Terms and Conditions
Update date 11/2023
1. GENERAL INFORMATION
These terms and conditions of use and contracting (the "Terms and Conditions") govern access to and use of the website https://www.clever.gy/ and the energy saving applications “CLEVERGY” and "ECOGRID" (together, “The Application”).
The Application is available both as a mobile application (available for download from various application stores) and as a web application (accessible at https://app.clever.gy/ or https://ecogrid.clever.gy/).
The Application is owned by THE CLEVERGY SOLUTION, SL (“CLEVERGY” o "us"). Our identifying data are as follows:
- NIF: B09897489
- Address: Calle Goya, 62, Floor 8 C, 28001, Madrid (Madrid)
- Contact email address: info@clever.gy
- Registration data in the Commercial Registry: Commercial Registry of Madrid, Volume 43.288, sheet number M-764.776, folio 170, entry 1.
These Terms and Conditions are binding on any person who accesses or uses the Application (the “user” or “you”).
Please note:
- These Terms and Conditions constitute a contract between you and CLEVERGY.
- By accessing or using the Application you represent that you have read these Terms and Conditions and You agree to be bound for them, as well as for the Privacy Policy and for the Cookies Policy from CLEVERGY. If you do not agree with any of these texts, you should not use the Application.
The original version of these Terms and Conditions has been drafted in Spanish. However, as a courtesy, CLEVERGY may make available to users versions of these Terms and Conditions in other languages (for example, in English). In the event of a contradiction between versions, the Spanish version will prevail.
2. CONDITIONS OF ACCESS TO THE APPLICATION AND CREATION OF A USER ACCOUNT
2.1. The Application developed by CLEVERGY allows its users to obtain information about their energy consumption. Thanks to the Application, users can consult and manage their consumption, carry out detailed monitoring and receive personalized recommendations aimed at reducing the costs associated with electricity consumption (such as advice to help you save on your energy bill or suggestions for more efficient products for your home).
2.2. Downloading, accessing and using the Application is free of charge.
2.3. Access and use of the site is only permitted for persons over eighteen (18) years of age.
2.4. In order to enjoy all the features offered by the Application, you must create a user account.
2.5. When creating an account on the Application, you agree to provide only true and up-to-date information. This means, among other things, that you may not use false identities or those of third parties. In addition, you must keep your user account information up-to-date.
2.6. It is your responsibility to ensure that you choose a secure password and keep your login information confidential.
2.7. Your user account and access credentials are non-transferable and for personal use. You may not share your account with other users.
2.8. You are solely responsible for all activity that occurs under your account. If you suspect that a third party is accessing your account, please contact us immediately at the following email address: info@clever.gy.
3 INTELLECTUAL AND INDUSTRIAL PROPERTY
3.1. CLEVERGY is the owner of the intellectual and industrial property rights over the Application and all its related elements. This includes, by way of example:
-i. All rights to the source code, object code, interface, databases and other elements of the Application.
-ii. All rights to trademarks, trade names and other distinctive signs of CLEVERGY.
3.2. In addition, the Application may contain elements protected by intellectual and industrial property rights of third parties other than CLEVERGY, such as the trademarks and trade names of the restaurants or the photographs and texts accompanying their description.
3.3. Users are not authorized to reproduce, distribute, publicly communicate or transform the Application or its contents.
3.4. By way of example, the above implies that users may not extract or reuse, either in whole or in part, the information available in the Application, regardless of whether the extraction is carried out through automated techniques (screen-scraping, bots, spiders, etc.) or manually.
4. PROHIBITED USES OF THE APPLICATION
4.1. Please remember that you must use the Application only for its intended purposes: to obtain information about your energy consumption, to consult and manage your consumption, to receive personalized recommendations, etc.
4.2. The following list includes, by way of example, some of the commitments you undertake:
-i. You will not use the Application to transmit or install viruses or other harmful components.
-ii. You will not attempt to access restricted sections of the Application or its systems and networks.
-iii. You will not attempt to breach the security or authentication measures of the Application.
-iv. You will not replicate, reverse engineer or decompile the Application (except where permitted by law).
-v. You will not make abusive use of the Application or use it in such a way that it may cause saturation of the Application.
-vi. You will not use the Application for the purpose of extracting information that allows you to offer a product or service (analogue or digital) that competes with the Application.
4.3. The above list is merely indicative, so you must comply with all other obligations applicable to you in accordance with these Terms and Conditions and current regulations.
4.4. If you make any unauthorized use of the Application or if, for any other reason, your use of the Application causes damage to CLEVERGY or third parties, you must hold us harmless. This means that you must cooperate with us so that we can defend ourselves and, in addition, you must indemnify us for any damages caused to us by these claims.
5. TEMPORARY OR PERMANENT ACCESS RESTRICTION TO THE APPLICATION
5.1. Your access to the Application may be temporarily or permanently blocked and your user account may be deleted immediately, without prior notice and without any liability to CLEVERGY, if CLEVERGY knows or reasonably suspects that you are violating these Terms and Conditions or applicable law. In addition, we may prevent you from creating new accounts on the Application in the future.
5.2. We may also temporarily or permanently restrict (as the case may be) access to the Application when we are carrying out maintenance or when, for any reason, we stop providing our services in relation to the Application.
5.3. You will not be entitled to make any claim against CLEVERGY related to the blocking or deletion of your account.
5.4. You can delete your account at any time.
5.5. When your access to the Application is temporarily restricted for any reason, you will automatically lose access to the information linked to your account for the duration of the block.
5.6. When your access to the Application is permanently restricted (including in cases where your account has been deleted by you or us), you will automatically and permanently lose access to the information associated with your account.
6. LINKS TO THIRD PARTY WEBSITES
6.1. The Application may contain links to third party websites (for example, websites of electricity suppliers).
6.2. CLEVERGY does not control and is not responsible for the content of such websites. If you use any of the links to third party websites contained in the Application, you do so at your own risk. If access to such third party websites causes you any damage (including damage caused by viruses and other malicious elements), you must file a claim against the third party owner of that website.
6.3. Please also remember that the use of such websites will be subject to the conditions of use, the privacy policy, the cookie policy and any other conditions imposed by the third party responsible for that website.
7. CLEVERGY'S LIABILITY
CLEVERGY's liability for the information provided
7.1. CLEVERGY is limited to identifying the consumption of the main household appliances and providing recommendations aimed at reducing the costs associated with the consumption of electrical energy (such as energy-efficient devices or other products marketed by third parties).
7.2. Under no circumstances does CLEVERGY guarantee the suitability of the information provided.
7.3. Among others, CLEVERGY is not responsible for the price, performance, or conditions under which the third-party products it recommends are marketed.
CLEVERGY's liability related to the operation of the Application
7.4. We undertake to take reasonable steps to ensure the proper functioning of the Application.
7.5. However, the Application is provided “as is” and “as available” without warranties of any kind.
7.6. Please note that we will not be liable for any damages you may suffer due to:
-i. The lack of suitability, accessibility, availability, usefulness or performance of the Application.
-ii. Errors or lack of accuracy or quality of the data and information contained in the Application (including information on reservations published by users and restaurants).
-iii. Possible compatibility issues between the Application and the device from which you are accessing the Application.
-iv. The unlawful interference of a third party or the introduction of viruses into your user account or your computer systems.
7.7. The Application is designed to operate on a computer device that meets certain technical specifications. CLEVERGY is not responsible for any compatibility issues between the Application and your device.
8. MODIFICATIONS TO THE APPLICATION AND/OR THESE TERMS AND CONDITIONS
8.1. We reserve the right to make improvements, substitutions or modifications to any functionality or content of the Application at any time and without prior notice.
8.2. In addition, we may modify these Terms and Conditions at any time. We will notify you of such changes in one of the ways set out in the “Notifications” section. If, after we have notified you of the modification of the Terms and Conditions, you continue to access or use the Application, you will be deemed to have accepted the new Terms and Conditions and will be bound by them.
9. NOTIFICATIONS, SUGGESTIONS, CONSULTATIONS AND COMPLAINTS
9.1. CLEVERGY may send you notifications by email, through general or individual notices posted on the Application (in its mobile version and/or in its web version) or by any other method that is appropriate to the type of communication.
9.2. If you wish to send us a notification (including any suggestion, query or complaint), please use one of the following means:
-i. Postal address: Calle Goya, 62, Piso 8 C, 28001, Madrid (Madrid)
-ii. Email: info@clever.gy
10 DATA PROTECTION
10.1. In order to access all the functionalities of the Application and, in particular, to register a user account, you must provide us with certain personal data.
10.2. In addition, the Application may install certain cookies that collect information about you.
10.3. At CLEVERGY we take the treatment of your personal information very seriously, which is why we always adopt the utmost precautions.
10.4. Please refer to the Privacy Policy and for the Cookies Policy from CLEVERGY to find out more details about how CLEVERGY treats your personal data.
11. APPLICABLE LAW AND JURISDICTION
11.1. These Terms and Conditions are governed by Spanish law.
11.2. If a dispute arises between you and CLEVERGY, you and CLEVERGY agree to try to reach an amicable and good faith solution within thirty (30) days from the date of notification of the dispute.
11.3. If an amicable solution cannot be reached, you and we agree to waive any other jurisdiction that may apply to us and expressly submit any dispute related to these Terms and Conditions to the exclusive jurisdiction of the courts and tribunals of the city of Madrid, unless you have the status of consumer or user in accordance with the applicable regulations, in which case we will submit to the courts and tribunals of your place of residence.
11.4. If you are a consumer or user, you may also use the European Commission's online dispute resolution platform, which can be accessed via this link.