CLOOGY® PORTAL TERMS AND CONDITIONS
1. Cloogy® Portal
1.1. Cloogy® Portal (hereinafter, “Portal”) is a registered website, property of Virtual Power Solutions S.A., Portuguese public limited company, with registered head office at Ladeira da Paula, nº6, 3040-574 Antanhol, Coimbra, registered in the Commercial Registration Office of Lisbon under the single registration and taxpayer number 513 246 690.
1.2. The Portal is accessible via the electronic address www.cloogy.com, and other such addresses as advertised from time-to-time, in which a number of services are provided, including public and private functionalities.
1.3. These Terms and Conditions are applicable to the Portal. There can be Specific Conditions for certain services provided.
2. Terms of Access to the Private Area of the Portal
2.1. Access to private functionalities of the Portal is reserved exclusively for Cloogy® customers registered in the private area of the Portal, considering as such those who own a Cloogy® kit and have successfully completed registration in the private area of the portal.
2.2. Request for access to the private area of the Portal involves filling out a registration form and declaring acceptance of the dispositions stated in these Terms and Conditions.
2.3. In the request for access to the private area of the Portal, the Customer must provide the unique identifier of his/her Cloogy® equipment located on the bottom of the devices.
2.4. The Customer undertakes to provide truthful factual up-to-date information regarding any personal data necessary for the request for access to the private area of the Portal.
2.5. After the Customer fills in the form requesting access to the private area of the Portal and states his/her acceptance of these Terms and Conditions, the request for access to the private area will be confirmed by VPS to the Customer, via an account activation e-mail, sent to the client’s email account.
3. Services Provided in the Private Area of the Portal
3.1. Services provided in the private area of the Portal are the following:
a) Energy monitoring services (available through acquisition and activation of a Cloogy® kit):
i) Presentation of the Customer’s energy profile;
ii) Global consumption monitoring in the Customer’s house/office;
iii) Consumption monitoring of electrical appliances adequately connected to a Smart Plug.
b) Actuation and control services (available through acquisition and activation of Smart Plugs or other devices that can provide the actuation functionality), such as:
i) Possibility of switching electrical appliances on and off via the private area of the Portal, cutting off electrical power, provided they are adequately connected to a Smart Plug;
ii) Scheduling of operation of electrical appliances, provided they are adequately connected to a Smart Plug.
3.2. In order to use the services mentioned under the previous number, Customer must:
a) Install Cloogy® equipment, following procedures recommended in the Quick Installation Guide included with the equipment;
b) Register according to item 2 of these Terms and Conditions.
3.3. 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 the Portal, namely those regarding his/her power procurement contract.
3.4. Virtual Power Solutions S.A. reserves the right to add terms and conditions to these Terms and Conditions regarding any Service to be added in the future to the existing Services.
3.5. Where Virtual Power Solutions S.A. does not exercise the rights referred to in 3.4., the regime of the new service will be ruled by these Terms and Conditions.
4. Access Code
4.1. In the request for access to the private area of the Portal, the Customer must choose an Access Code (Password) that guarantees due legitimacy and confidentiality in the access to the Portal.
4.2. Because 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 will be responsible before Virtual Power Solutions S.A. and third parties for any damages caused by misuse.
4.3. Access to the private area of the Portal by third parties using the User Code or Access Code chosen by the Customer, with or without his/her authorisation, 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 Virtual Power Solutions S.A. or third parties, unless evidence to the contrary is presented by the Customer.
4.4. The Customer undertakes to immediately inform Virtual Power Solutions S.A. about any breach of procedural rules or misuse that comes to his/her knowledge, including breach of confidentiality of codes.
5. Price, Billing and Payments
5.1. Through the Portal, the Customer will be granted free access to the service described in item 3.1., subparagraph a), during the whole term of the contract.
5.2. The service is considered active when it is used by the Customer with frequency, being deactivated when it ceases to receive data of the Client for a period superior to 90 (ninety) days in a row.
5.3. Virtual Power Solutions S.A. reserves the right to provide additional paid and optional to the equipment owner.
5.4. Where Virtual Power Solutions S.A. exercises the rights mentioned in 6.3., Virtual Power Solutions S.A. will communicate its decision to the Customer, letting him/her know the price stipulated and how to subscribe the service.
5.5. If the equipment is made available in a scope other than the direct purchase, such as the rental, the conditions will be described in a contract of its own and appropriate to the situation in question.
6. Modification, Suspension or Cessation of the Portal
6.1. Virtual Power Solutions S.A. reserves the right to add, delete or modify at any moment any content in the Portal, undertaking, however, to maintain areas in which the Customer can access all the functionalities of the Cloogy® service mentioned in item 3.1. of these terms and conditions.
6.2. Virtual Power Solutions S.A. reserves the right to suspend or cease access to the services of the Portal, as well as to solicit confirmation of any information provided by the Customer, whenever Virtual Power Solutions S.A. considers there are reasonable grounds to consider that information is false, susceptible of misleading or provided with fraudulent intent.
6.3. Virtual Power Solutions S.A. reserves the right to cease operation of the Cloogy® Portal at any time. All users will receive a ninety (90) days' notice.
6.4. Virtual Power Solutions S.A. holds the exclusive right to suspend at any moment, partially or totally, access to the Website, particularly regarding management, repairing, modification or modernisation operations, as well as in cases of force majeure.
7. Contractual Liability
7.1. Even though the Portal presents adequate security levels, Virtual Power Solutions 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.
7.2. Any consultation of data and information, as well as services and products subscription, will be presumed to have been done by the Customer. Virtual Power Solutions S.A. declines any responsibility related to misuse or fraudulent use of information obtained by third parties.
7.3. Elements and information transmitted and the subscription of services and products requested by the Customer in will have full legal effect. The Customer may not invoke lack of signature to justify non-compliance with obligations taken.
7.4. Virtual Power Solutions 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 the Portal, 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.
8. Privacy and Personal Data
8.1. At Virtual Power Solutions 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.
8.2. Customer data is collected under the request to access Cloogy® Portal's private area. The information collected is essential information for the system operation being processed and stored in a computerised way using designated safe technologies, thus reducing the risk of unauthorised access or loss of information.
8.3. The information provided by the Customer so that we can contact him/her, will only be used for commercial purposes 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 Virtual Power Solutions S.A. in order to obtain support for the Cloogy® 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.
8.4. Virtual Power Solutions S.A. understands that the consumption of electricity, water and gas registered by the product Cloogy®, 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 Client, who may at any time withdraw this same consent, in the same way that he provided it.
8.5. Virtual Power Solutions 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.
8.6. Virtual Power Solutions S.A. warrants to you, 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.cloogy.com.
8.7. Virtual Power Solutions S.A. guarantees the customer, at no additional charge, the right to portability of their data upon support request of the Cloogy® product. The data will be provided in standard and open formats.
8.8. Virtual Power Solutions S.A. warrants to the Client, without additional charges, the right to forget your personal data. To do this, the Customer must send an email to firstname.lastname@example.org 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 Cloogy® kit will be sent to the customer. Upon receiving this email VPS undertakes to delete Client's personal records data within two weeks maximum.
8.10. Virtual Power Solutions S.A. reserves the right to change the rules regarding privacy. When this happens, the Client will have the opportunity to review your consent on the Cloogy® Portal.
8.11. Virtual Power Solutions 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 communications whose reception is independent of the recipient intervention.
9. Communications and Notifications
10. Intellectual Property
10.1. The Customer acknowledges that the content of the Portal and all the related software contains confidential information and is protected by copyright and any other legislation applicable.
10.2. Text files, images, graphics, sounds and animations, as well as any other information and its graphical representation in the Portal, and also the layout and structure of the Portal, are Virtual Power Solutions S.A. exclusive property, or of the entities that authorised its use by Virtual Power Solutions S.A..
10.3. The Client is not authorised to transmit, publish, modify, copy, sell, use or distribute in any way the information contained in the Cloogy® Portal without the prior written authorisation of Virtual Power Solutions S.A., under penalty of being able to incur civil and criminal liability.
10.4. All the brands and logos presented in the Portal, particularly Virtual Power Solutions S.A. brands, symbols and logos, are protected by intellectual property rights, reason why they cannot be copied or used without Virtual Power Solutions S.A. authorisation.
11. Computer Security
Virtual Power Solutions S.A. will enact all necessary measures in order to ensure that the Portal is totally free of viruses or any other similar elements harmful to the Customer’s computer. However, considering that Virtual Power Solutions S.A. cannot entirely control the circulation of information via the Internet, Virtual Power Solutions 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.
12. Links to Third Parties’ Pages
12.1. Virtual Power Solutions S.A. may provide in the Portal links to pages of other entities or to content housed in other servers, identifying clearly and notoriously those hyperlinks (hereinafter, “Third Parties’ Internet Sites”). Virtual Power Solutions S.A. declines any responsibility or control over content housed in servers of other companies, institutions, organisations, public or private entities and individuals. The use of these links is the Customer’s exclusive responsibility.
12.2. Virtual Power Solutions S.A. cannot be in any way responsible for content available in the pages mentioned or related with them.
13. User’s Liability
13.1. If the User of the Cloogy Portal 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.
13.2. Virtual Power Solutions S.A. does not control the content made available by its Users in the Cloogy® Portal and, therefore, does not guarantee its correctness, quality, completeness or truthfulness.
13.3. Without prejudice to the previous number, Virtual Power Solutions 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.
13.4. Virtual Power Solutions S.A. also reserves the right to suspend or terminate access to users who place on the Cloogy® Portal the types of content referred to in the previous number.
14. Applicable Legislation
Portuguese Law is applicable to all questions not regulated by these Terms and Conditions.
15. Competent Court
For the resolution of all legal disputes emerging from these Terms and Conditions, the Court of Coimbra is designated competent, with the jurisdiction of all other Courts expressly renounced.