Terms and conditions

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 of the energy-saving applications "CLEVERGY" and "ECOGRID" (together, "the Application").

The Application is available both as a mobile application (available for download from various app 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, S.L. ("CLEVERGY" or "we"). Our identifying details are as follows:

These Terms and Conditions are binding on anyone who accesses or uses the Application (the "user" or "you").

Please note that:

2.1. The Application developed by CLEVERGY allows its users to obtain information about their energy consumption. Through the Application, users can view and manage their consumption, track it in detail and receive personalised recommendations aimed at reducing the costs associated with electricity consumption (such as tips 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 to and use of the Application is permitted only for those aged eighteen (18) or over.

2.4. In order to enjoy all the features the Application offers, you need to create a user account.

2.5. When creating an account in the Application, you undertake to provide only truthful and up-to-date information. This means, among other things, that you may not use false identities or the identities of third parties. You must also keep your user account information up to date.

2.6. It is your responsibility to make sure you choose a secure password and to keep your login details secret.

2.7. Your user account and your login 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 recorded in 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.

3.1. CLEVERGY owns the intellectual and industrial property rights in the Application and all its related elements. This includes, by way of example:

3.2. In addition, the Application may contain elements protected by the intellectual and industrial property rights of third parties other than CLEVERGY, such as the trade marks and trade names of the restaurants, or the photographs and texts accompanying their description.

3.3. Users are not authorised to reproduce, distribute, publicly communicate or transform the Application or its content.

3.4. By way of example, the above means that users may not extract or reuse, 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.

4.1. Remember that you must use the Application only for its intended purposes: obtaining information about your energy consumption, viewing and managing your consumption, receiving personalised recommendations, and so on.

4.2. The following list sets out, by way of example, some of the commitments you undertake:

4.3. The above list is merely indicative, so you must comply with all other obligations applicable to you under these Terms and Conditions and under applicable law.

4.4. If you make prohibited use of the Application or if, for any other reason, your use of the Application causes harm to CLEVERGY or to 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 the damage such claims cause us.

5.1. Your access to the Application may be blocked temporarily or permanently, and your user account may be deleted immediately, without prior notice and with no liability whatsoever for CLEVERGY, if CLEVERGY knows or has reasonable grounds to suspect that you are breaching these Terms and Conditions or applicable law. We may also prevent you from creating new accounts in the Application in the future.

5.2. We may also restrict access to the Application temporarily or permanently (as the case may be) when we are carrying out maintenance work or when, for any reason, we cease providing our services in relation to the Application.

5.3. You will have no right to bring any claim against CLEVERGY in relation to the blocking or deletion of your account.

5.4. You may delete your account at any time.

5.5. Where 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. Where your access to the Application is permanently restricted (including where your account has been deleted by you or by us), you will automatically and permanently lose access to the information linked to your account.

6.1. The Application may contain links to third-party websites (for example, the websites of electricity retailers).

6.2. CLEVERGY does not control and is not responsible for the content of those websites. If you use any of the links to third-party websites contained in the Application, you do so at your own risk. If accessing those third-party websites causes you any harm (including harm caused by viruses and other malicious elements), you must bring your claim against the third party that owns that website.

6.3. Remember, too, that use of those websites will be subject to the terms of use, privacy policy, cookie policy and any other conditions imposed by the third party responsible for that website.

7.1. CLEVERGY's role is limited to identifying the consumption of the main household appliances and providing recommendations aimed at reducing the costs associated with electricity consumption (such as energy-efficient devices or other products marketed by third parties).

7.2. CLEVERGY does not under any circumstances guarantee the suitability of the information provided.

7.3. Among other things, CLEVERGY is not responsible for the price, the performance or the conditions under which the third-party products it recommends are marketed.

7.4. We undertake to take reasonable measures to ensure the Application works properly.

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 damage or loss you may suffer as a result of:

7.7. The Application is designed to run on a computing device that meets certain technical specifications. CLEVERGY is not responsible for possible compatibility problems between the Application and your device.

8.1. We reserve the right to make improvements, replacements or modifications to any feature or content of the Application at any time and without prior notice.

8.2. We may also amend these Terms and Conditions at any time. We will notify you of such changes by one of the means set out in the "Notices" clause. If, once we have notified you of the amendment to 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.

9.1. CLEVERGY may send you notices by email, through general or individual notifications published in the Application (in its mobile version and/or its web version), or by any other method appropriate to the type of communication.

9.2. If you wish to send us a notice (including any suggestion, enquiry or complaint), please use one of the following means:

10.1. In order to access all the features of the Application and, in particular, to register a user account, you need to 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 processing of your personal information very seriously, and we always take the utmost precautions.

10.4. Please consult CLEVERGY's Privacy Policy and Cookie Policy for more details on how CLEVERGY processes your personal data.

11.1. These Terms and Conditions are governed by Spanish law.

11.2. If a dispute arises between you and CLEVERGY, you and CLEVERGY undertake to attempt to reach an amicable, good-faith solution within thirty (30) days of the date on which the dispute is notified.

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 relating to these Terms and Conditions to the exclusive jurisdiction of the courts and tribunals of the city of Madrid, unless you qualify as a consumer or user under applicable law, in which case we will submit to the courts and tribunals of your place of residence.

11.4. If you qualify as a consumer or user, you may also use the European Commission's online dispute resolution platform.