1. Service Description
1.1. Cloogy® Portal (hereinafter, “Portal”) is a registered website, property of Virtual Power Solutions S.A., 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. Virtual Power Solutions S.A., trading as VPS (PT), part of VPS group – VPS Virtual Power Solutions Ltd, with registered Head Office in 10 Acklam Road, Notting Hill, London. W10 5QZ. United Kingdom. Registered in England: 09247528.
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.
1.4. Any service or functionality to be later added to the Portal will also be covered by these Terms and Conditions. VPS reserves the right to change, modify, add or delete parts of these Terms and Conditions at any moment without prior notice. However, modifications will always be published in the Portal and made known to the Customer upon first use after revision, so that the Customer may confirm his/her acceptance.
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.
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) Global consumption monitoring in the Customer’s house/office;
b) Consumption monitoring of electrical appliances adequately connected to a Smart Plug;
c) Presentation of the Customer’s energy profile;
d) 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;
e) 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 subparagraphs a) to c), the Customer must provide the information requested in the private area of the Portal, namely those regarding his/her power procurement contract.
3.4. VPS reserves the right to add terms to these Terms and Conditions regarding any Service to be added in the future to the existing Services.
3.5. Where VPS 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 VPS 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 VPS or third parties, unless evidence to the contrary is presented by the Customer.
4.4. The Customer undertakes to immediately inform VPS 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. VPS reserves the right to provide additional paid and optional to the equipment owner.
5.3. Where VPS exercises the rights mentioned in 6.2, VPS will communicate its decision to the Customer, letting him/her know the price stipulated and how to subscribe the service.
6. Modification, Suspension or Cessation of the Portal
6.1. VPS 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. VPS 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 VPS considers there are reasonable grounds to consider that information is false, erroneous 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. VPS holds the exclusive right to suspend at any moment, partially or totally, access to the Website, particularly regarding management, repairing, modification or modernisation operations.
7. Contractual Liability
7.1. Even though the Portal presents adequate security levels, VPS will not 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. VPS 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. VPS 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. Limitation of Liability
8.1. The Customer expressly accepts that:
a) Usage of the Service is done at his/her own risk. Service is provided as presented. VPS expressly refuses any responsibility for any kind of guarantee, explicit or otherwise, including, but not limited to, the guarantee of compliance with procedural rules by the User.
b) VPS does not in any way guarantee that:
i. The Portal fulfils any needs or expectations;
ii. The Portal will be available and operational without interruption, nor that it will be secure or flawless, nor that it will operate endlessly;
iii. Any defect detected in the software will necessarily be corrected, except if it affects users’ data security or the functionality of the service;
c) Any content obtained in any way through the use of the Portal will be so at the User’s own risk. User will be the sole responsible for any damage caused to his/her system or computer equipment, as well as any data loss resulting from that operation.
d) No advice or information, verbal or written, obtained by the Customer through the Portal will generate any guarantee that is not expressed in these Terms and Conditions.
8.2. The Customer accepts that VPS cannot in any way be held responsible for any damage, whether direct or indirect, casual or accidental, including, but not limited to, damages due to loss of profits, data, content, or any other losses (even if previously warned by the Customer to the possible occurrence of such damages), resulting from:
a) Use or impossibility of use of the Portal;
b) Non-authorised access to personal databases in the Portal;
c) Non-authorised modification of databases in the Portal.
9. Privacy and Personal Data
9.1. At VPS 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.
9.2. 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.
9.3. 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 VPS 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.
9.4. VPS 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.
9.5. VPS 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.
9.6. VPS 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.
9.7. VPS 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.
9.8. VPS warrants to the Client, without additional charges, the right to forget your personal data. To do this, the Customer must send an email to email@example.com 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.
9.10. VPS 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.
9.11. VPS 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.
10. International Customers
Acknowledging the global nature of the Internet, the Customer is obliged and undertakes to comply with, beside these rules, English Law, European Union Laws and any other applicable.
11. Communications and Notifications
In case the Customer wishes to contact Virtual Power Solutions S.A. concerning the Portal, he/she can do so through the contacts available in www.cloogy.com.
12. Intellectual Property
12.1. 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.
12.2. 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 VPS exclusive property, or of the entities that authorised its use by VPS.
12.3. The Customer acknowledges that any content that may be included in the advertising material, highlights or mention of any sponsor or announcer is protected by laws concerning copyright and related rights, industrial property rights or other property protection rights. Except if previously authorised in writing by VPS, the announcers or sponsors, User may not modify, rent, donate, lend, sell, distribute or produce works whose creative basis may be considered, totally or in part, created by others, whether in the Portal or in the software included or any other content included in the public areas of the Internet site.
12.4. The Customer undertakes not to access nor try to access the Portal in any way other than through the means formally provided for the effect.
12.5. All the brands and logos presented in the Portal, particularly VPS brands, symbols and logos, are protected by intellectual property rights.
13. Computer Security
VPS 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 VPS cannot entirely control the circulation of information via the Internet, VPS cannot guarantee the absence of any type of viruses or similar elements harmful to the Customer’s computer.
14. Links to Third Parties’ Pages
14.1. VPS 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”). VPS 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.
14.2. VPS declines any responsibility for content available in the pages mentioned or related with them.
14.3. It is up to the Customer to decide whether to access or not Third Parties’ Pages or content, at his/her own risk. The Customer must also bear in mind that these Terms and Conditions do not apply to those accesses. The Customer must review terms and policies applicable in Third Parties’ Pages, including privacy and data gathering policies in any Third Parties’ Page to which the User may be directed through the Portal.
15. Non-compliance, Infringements and Infractions
15.1. Non-compliance with any of the rules stated in these Terms and Conditions or any other existing legal provisions entitles VPS to suspend, cancel and/or remove a User access to the systems.
15.2. Any infraction or infringement of these Terms and Conditions or any other legal norms must be communicated to VPS through the electronic address: firstname.lastname@example.org.
16. Applicable Legislation
English Law is applicable to all questions not regulated by these Terms and Conditions.
17. Competent Court
For the resolution of all legal disputes emerging from these Terms and Conditions, the Court of England and Wales is designated competent, with the jurisdiction of all other Courts expressly renounced.