Kiome® 1.1. Kiome® is a registered app, property of Cleanwatts Digital, S.A., a Portuguese public limited company, with registered head office at Ladeira da Paula, 6, 3040-574, Antanhol, registered with the Commercial Registration Office of Lisbon under the registration and corporate taxpayer number 513246690. 1.2. These Terms and Conditions are applicable to the Kiome® smartphone app.
Terms of Access to the Private Area of Kiome® 2.1. Access to private functionalities of Kiome is reserved exclusively for Kiome® registered customers, namely those who own a Kiome® kit and have successfully completed registration in the private area of Kiome, as part of a Cleanwatts Renewable Energy Community (REC) or in the process of joining a Cleanwatts REC. 2.2. Request for access to the private area of Kiome® involves filling out a registration form and accepting the provisions of these Terms and Conditions. 2.3. In the case of the request for access to the private area of Kiome® as part of a REC, the Customer must provide the unique identifier of his/her REC. 2.4. The Customer undertakes to provide trustworthy, factual and up-to-date information regarding any personal data required for access to the private area of Kiome®. 2.5. After the Customer fills in the form requesting access to the private area of Kiome® and accepts these Terms and Conditions, the request for access to the private area will be confirmed by Cleanwatts Digital, S.A. via e-mail.
Services Provided in the Private Area of Kiome® 3.1. Services provided in the private area of Kiome® are the following: a) Energy monitoring services (available through the acquisition and activation of a Kiome® kit, through the acquisition and activation of a similar metering device supported by Cleanwatts Digital, S.A or by Distribution System Operator (DSO) metering data (if supported by Cleanwatts Digital, S.A); b) Presentation of the Customer’s energy profile; c) Global consumption monitoring in the Customer’s house; d) Renewable Energy Community Data: i. REC imported energy; ii. REC exported energy (if available); and iii. Economic benefits with the REC. e) Messaging: Message inbox to receive messages from the REC Manager regarding information, news, or other. 3.2. In order to use the functionalities mentioned under subparagraph a) from item 3.1., the Customer must provide the information requested in the private area of Kiome, namely those regarding his/her power supply contract. 3.3. Cleanwatts Digital, S.A. reserves the right to modify these Terms and Conditions regarding any Service to be added to the existing Services.
Customer Rights 4.1. Right of Free Termination: Customers have the right to terminate the contract without penalty within 14 days after acceptance, notifying Cleanwatts Digital, S.A. in writing. 4.2. Right to Information: Customers have the right to clear information about services, including prices and conditions. 4.3. Warranty: Details of warranties offered for services and products will be provided in accordance with applicable legislation.
Termination 5.1. The contract shall be effective from the date of the registration of the Kiome® equipment or the creation of the user account, and shall continue for a period of 12 (twelve) months, with automatic renewal for the same period, unless otherwise communicated by the Customer, on the private area of Kiome®, at least 30 (thirty) days prior to the date of termination or renewal of the service. 5.2. Cleanwatts Digital, S.A. may at any time and for any reason terminate the contract and/or terminate the provision of all or any portion of the Service. Notwithstanding the foregoing, Cleanwatts Digital, S.A. will provide at least thirty (30) days´ notice to Customer prior to terminating or suspending the Service; provided that the Service may be terminated immediately if (i) Customer has breached this Contract or (ii) Cleanwatts Digital, S.A. reasonably determines that it is commercially impractical to continue providing the Service in light of applicable laws. 5.3. In the event that the Customer terminates the contract before its term without just cause, he/she will be liable to pay the remainder of the contracted period.
Access Code 6.1. In the request for access to the private area of Kiome, the Customer must choose an Access Code (Password) that guarantees personal and confidential access to Kiome. 6.2. The User Code and Access Code are personal, untransferable, and for exclusive knowledge and use by the Customer, he/she must guarantee and protect its confidentiality, not revealing them to anyone and not using them in such a way as to allow its decoding and/or copy. The Customer shall defend and hold harmless Cleanwatts Digital, S.A. against all claims and liabilities for any damages caused by misuse. 6.3. Access to the private area of Kiome by third parties using the User Code or Access Code chosen by the Customer, with or without his/her authorization, will be considered, for all legal and contractual purposes, to have been made by the Customer, namely for the purpose of defining compensations for damages suffered by Cleanwatts Digital, S.A. or third parties, unless evidence to the contrary is presented by the Customer. 6.4. The Customer undertakes to immediately inform Cleanwatts Digital, S.A. regarding any breach of procedural rules or misuse that comes to his/her knowledge, including breach of confidentiality of codes.
Price, Billing and Payments 7.1. The Customer will be granted access to the service described in item 3.1, during the whole term of the contract. 7.2. The service is considered to be active when it is used by the Customer with frequency, being deactivated when it ceases to receive the Customer´s data for a period upwards of 90 (ninety) days. 7.3. Cleanwatts Digital, S.A. shall inform the Customer of additional services and the conditions under which these services can be subscribed. 7.4. The conditions regarding the rental of the Kiome Kit shall be governed by a separate and specific rental contract.
Modification and Suspension of the Kiome Services 8.1. Cleanwatts Digital, S.A. reserves the right to add, delete or modify at any moment any content in Kiome, undertaking, however, to maintain areas in which the Customer can access all the functionalities of the Kiome® service mentioned in item 3.1. of these terms and conditions. 8.2. Cleanwatts Digital, S.A. reserves the right to suspend or cease access to the services of Kiome, as well as to solicit confirmation of any information provided by the Customer, whenever Cleanwatts Digital, S.A. considers there are reasonable grounds to consider that information is false, susceptible of misleading or provided with fraudulent intent.
Representations, Warranties and Disclaimers. 9.1. Each party represents that it has full power and authority to enter into the Contract. Each party warrants that it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable (including applicable security breach notification law). 9.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. CLEANWATTS DIGITAL S.A. MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICES. 9.3. Although Kiome presents adequate security levels, Cleanwatts Digital, S.A. will not in any case be held responsible for any damages suffered by the Customer and/or third parties, due to delays, interruptions, errors, or suspensions of communications originated by sources out of its control, namely any deficiencies or flaws caused by communications networks or communication services provided by third parties, the computer system, modems, connection software or computer viruses. 9.4. Any consultation of data and information, as well as services and products subscription, will be presumed to have been made by the Customer. Cleanwatts Digital, S.A. declines any responsibility related to misuse or fraudulent use of information obtained by third parties. 9.5. Elements and information transmitted and the subscription of services and products requested by the Customer will have full legal effect. The Customer may not invoke lack of signature to justify non-compliance with obligations taken. 9.6. Cleanwatts Digital, S.A. will not be responsible for any defects, malfunctioning or incompatibility, namely related to the Customer’s hardware, or any source code or software supplied in Kiome, and as such will not be obliged to provide any kind of support regarding its use, and does not guarantee they ensure the fulfilment of the Customer’s desired purposes.
Privacy and Personal Data 10.1. At Cleanwatts Digital, S.A. we care about the safety of our customers, which are our top priority, and we know that the use of your personal data requires your complete confidence. Therefore, in line with the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 - GDPR), we define in the following points the rules for the treatment of the Customer's personal data. 10.2. Customer data is collected under the request to access Kiome® private area. The information collected is essential information for the system operation being processed and stored in a computerized way using designated safe technologies, thus reducing the risk of unauthorized access or loss of information. 10.3. The information provided by the Customer so that we can contact him/her, will only be used for the purposes of this Contract with the consent of the Client, and may at any time be withdrawn by the Client. The contact information may be used to identify the Customer if he contacts Cleanwatts Digital, S.A. in order to obtain support for the Kiome® product and if it is necessary to continue the communication with the Customer Support Team. The Customer may also be contacted by the Customer Support Team if any security breach is found which compromises Customer's personal data. 10.4. Cleanwatts Digital, S.A. understands that the consumption of electricity, water and gas registered by the product Kiome®, aggregated and disaggregated, can be understood as personal data. In this sense, these are only used and processed to offer the best possible service in terms of energy management. However, this service can be improved by using this data grouped in comparative analysis, standards analysis, and inference analysis. The use of these personal data in the elaboration of the referred analysis is done with the consent of the Customer, who may at any time withdraw this same consent. 10.5. Cleanwatts Digital, S.A. does not share your personal data with third parties. Your personal data is only for system operation and exclusive use by employees under confidentiality laws. However, we may be required to provide your personal data in the event of a legal requirement. 10.6. Cleanwatts Digital, S.A. warrants, without additional charges, the right to access, rectify and update your personal data, either directly or through a written request through the contacts in www.cleanwatts.energy. 10.7. Cleanwatts Digital, S.A. guarantees, at no additional charge, the right to portability of their data upon support request of the Kiome® product. The data will be provided in standard and open formats. 10.8. Cleanwatts Digital, S.A. warrants, without additional charges, the deletion of your personal data. To do this, the Customer must send an email to support@cleanwatts.energy with the request that their personal data must be deleted, identifying the personal data to erase. For a correct identification an email asking to confirm the unique identifier of your Kiome® kit may be sent to the customer. Upon receiving this email, Cleanwatts Digital, S.A. undertakes to delete Client's personal records data within two weeks maximum. 10.9. Cleanwatts Digital, S.A. may use cookies when you browse Kiome®. Cleanwatts Digital, S.A. cookies do not identify the Customer, only collecting anonymous information about a user and an anonymous computer, and do not allow references to deduce the Customer's name or surname, nor the reading of the cookie files created by third parties. 10.10. Cleanwatts Digital, S.A. reserves the right to change the rules regarding privacy, which the Customer will have the opportunity to review their consent on Kiome®. 10.11. Cleanwatts Digital, S.A. is obliged to comply with the legislation applicable to the processing of personal data, namely the GDPR, as well as to comply with the regulations of Law 7/2004, of January 7, namely those regarding the sending of commercial communications whose reception is independent of the recipient intervention.
Communications and Notifications In case the Customer wishes to contact Cleanwatts Digital, S.A. concerning Kiome, he/she can do so through the contacts available in www.cleanwatts.energy.
Intellectual Property 12.1. The Customer acknowledges that the content of Kiome and all the related software contains confidential information and is protected by copyright and any other legislation applicable. 12.2. Text files, images, graphics, sounds and animations, as well as any other information and its graphical representation in Kiome, and also the layout and structure of Kiome, are Cleanwatts Digital, S.A. exclusive property, or of the entities that authorised its use by Cleanwatts Digital, S.A. 12.3. The Client is not authorised to transmit, publish, modify, copy, sell, use or distribute in any way the information contained in Kiome® without the prior written authorisation of Cleanwatts Digital, S.A., under penalty of being able to incur civil and criminal liability. 12.4. All the brands and logos presented in Kiome, particularly Cleanwatts Digital, S.A. brands, symbols and logos, are protected by intellectual property rights, reason why they cannot be copied or used without Cleanwatts Digital, S.A. authorisation.
Cookies Policy 13.1. Cookies: Small text files stored on the user's device. 13.2. Types of Cookies: Session cookies, analytical cookies and functionality cookies. 13.3. Purpose: Used to improve user experience and monitor application performance. 13.4. Cookie Management: Users can direct cookie preferences in their browser settings.
Computer Security Cleanwatts Digital, S.A. will enact all necessary measures in order to ensure that Kiome is totally free of viruses or any other similar elements harmful to the Customer’s computer. However, considering that Cleanwatts Digital, S.A. cannot entirely control the circulation of information via the Internet, Cleanwatts Digital, S.A. cannot guarantee the absence of any type of viruses or similar elements harmful to the Customer’s computer, factuality that customers accept and recognise.
Links to Third Parties’ Pages 15.1. Cleanwatts Digital, S.A. may provide in Kiome, links to pages of other entities or to content housed in other servers, clearly identifying the hyperlinks (hereinafter, “Third Parties’ Internet Sites”). Cleanwatts Digital, S.A. declines any responsibility or control over content housed in servers of other companies, institutions, organisations, public or private entities and individuals. 15.2. The use of these links is the Customer’s exclusive responsibility. 15.3. Cleanwatts Digital, S.A. cannot be in any way responsible for content available in the pages mentioned or related with them.
User’s Liability 16.1. If the Customer of Kiome® leaves content in this space, he/she is the solely responsible for them. Thus, any information, data, texts, software, music, sounds, photographs, graphics, videos, images or other material exposed publicly or privately are the sole responsibility of the User. 16.2. Cleanwatts Digital, S.A. does not control the content made available by its Customers in Kiome® and, therefore, does not guarantee its correctness, quality, completeness or truthfulness. 16.3. Without prejudice to the foregoing, Cleanwatts Digital, S.A. may if detected, particularly, illegal, defamatory, insulting, threatening, abusive, obscene, invasive of third-party privacy, commercial promotion, ethically reprehensible or otherwise objectionable content, remove them. 16.4. Cleanwatts Digital, S.A. also reserves the right to suspend or terminate access to Customers who place on Kiome® the types of content referred to in the previous number.
Miscellaneous. 17.1. Neither party may assign or transfer any part of this Agreement without the written consent of the other party, except to an Affiliate, but only if: (a) the assignee agrees in writing to be bound by the terms of this Agreement; and (b) the assigning party remains liable for obligations incurred under the Agreement prior to the assignment. Any other attempt to transfer or assign is void. 17.2. Upon a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) the party experiencing the change of control will provide written notice to the other party within thirty days after the change of control; and (b) the other party may immediately terminate this Agreement any time between the change of control and thirty days after it receives the written notice in subsection (a). 17.3. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control. 17.4. Failure to enforce any provision of this Agreement will not constitute a waiver. 17.5. If any provision of this Agreement is found unenforceable, the balance of the Agreement will remain in full force and effect. 17.6. Nothing in this Agreement will limit either party's ability to seek equitable relief. 17.7. Any amendment must be in writing and expressly state that it is amending this Agreement. 17.8. This Agreement, and all documents referenced herein, is the parties' entire agreement relating to its subject and supersedes any prior or contemporaneous agreements on that subject. The terms located at a URL and referenced in this Agreement are hereby incorporated by this reference.
Governing Law Portuguese Law is applicable to all questions not regulated by these Terms and Conditions.
Jurisdiction Any dispute arising hereunder shall be settled in the Judicial Courts of Coimbra.
Communication and Notifications Customers can contact Cleanwatts Digital, S.A. through the contacts available at www.cleanwatts.energy.
