Kiome® portal terms & conditions

 

1. Kiome® Portal

1.1. Kiome® Portal (hereinafter, “Portal”) is a registered website, property of Cleanwatts Digital, S.A., Portuguese public limited company, with registered head office at Ladeira da Paula, 6, 3040-574 Antanhol, registered in the Commercial Registration Office of Lisbon under the single registration and taxpayer number 513246690.

1.2. The Portal is accessible via the electronic address www.cleanwatts.energy/kiome, 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 Kiome® customers registered in the private area of the Portal, considering as such those who own a Kiome® 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 Kiome® 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 Cleanwatts Digital, S.A. to the Customer, via an account confirmation e-mail.

 

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 Kiome® 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 Kiome® 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. Cleanwatts Digital, 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 Cleanwatts Digital, 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. Termination

4.1. The contract shall be effective from the date of the registration of the Kiome® equipment, and shall continue for a period of 12 months, with automatic renewal for the same period, unless opposition to the renewal is filed, which must be communicated by registered letter with acknowledgment of receipt, at least 30 (thirty) days prior to the date of termination or renewal of the service.

4.2. Either party may terminate this agreement in accordance with any of the circumstances referred to in these Terms and Conditions.

4.3. Where a binding monthly plan is in effect, if the Customer terminates the contract early without just cause elsewhere referred within these Terms and Conditions, he/she will be liable to pay the remainder of the contracted period immediately.

 

5. Access Code

5.1. 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.

5.2. 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 Cleanwatts Digital, S.A. and third parties for any damages caused by misuse.

5.3. 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 Cleanwatts Digital, S.A. or third parties, unless evidence to the contrary is presented by the Customer.

5.4. The Customer undertakes to immediately inform Cleanwatts Digital, S.A. about any breach of procedural rules or misuse that comes to his/her knowledge, including breach of confidentiality of codes.

 

 

6. Price, Billing and Payments          

6.1. 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.

6.2. 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.

6.3. Cleanwatts Digital, S.A. reserves the right to provide additional paid and optional to the equipment owner.

6.4. Where Cleanwatts Digital, S.A. exercises the rights mentioned in 6.3., Cleanwatts Digital, S.A. will communicate its decision to the Customer, letting him/her know the price stipulated and how to subscribe the service.

6.5. 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.

 

7. Modification, Suspension or Cessation of the Portal

7.1. Cleanwatts Digital, 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 Kiome® service mentioned in item 3.1. of these terms and conditions.

7.2. Cleanwatts Digital, 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 Cleanwatts Digital, S.A. considers there are reasonable grounds to consider that information is false, susceptible of misleading or provided with fraudulent intent.

7.3. Cleanwatts Digital, 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.

 

8. Contractual Liability

8.1. Even though the Portal 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.

8.2. Any consultation of data and information, as well as services and products subscription, will be presumed to have been done by the Customer. Cleanwatts Digital, S.A. declines any responsibility related to misuse or fraudulent use of information obtained by third parties.

8.3. 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.

8.4. 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 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.

 

 

9. Privacy and Personal Data

9.1. 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.

9.2. Customer data is collected under the request to access Kiome® 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 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.

9.4. 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 Client, who may at any time withdraw this same consent, in the same way that he provided it.

9.5. 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.

9.6. Cleanwatts Digital, 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.cleanwatts.energy.

9.7. Cleanwatts Digital, S.A. guarantees the customer, 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.

9.8. Cleanwatts Digital, 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 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 will 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.

9.9. Cleanwatts Digital, S.A. may use cookies when you browse the Kiome® Portal. Cleanwatts Digital, S.A. cookies do not identify the Client, they only collect anonymous information about a user and an anonymous computer, and do not allow references to deduce the Client's name or surname, nor the reading of the cookie files created by third parties.

9.10. Cleanwatts Digital, 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 Kiome® Portal.

9.11. 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 communications whose reception is independent of the recipient intervention.

 

10. Communications and Notifications

In case the Customer wishes to contact Cleanwatts Digital, S.A. concerning the Portal, he/she can do so through the contacts available in www.cleanwatts.energy.

 

11. Intellectual Property

11.1. 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.

11.2. 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 Cleanwatts Digital, S.A. exclusive property, or of the entities that authorised its use by Cleanwatts Digital, S.A.

11.3. The Client is not authorised to transmit, publish, modify, copy, sell, use or distribute in any way the information contained in the Kiome® Portal without the prior written authorisation of Cleanwatts Digital, S.A., under penalty of being able to incur civil and criminal liability.

11.4. All the brands and logos presented in the Portal, 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.

 

12. Computer Security

Cleanwatts Digital, 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 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.

 

13. Links to Third Parties’ Pages

13.1. Cleanwatts Digital, 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”). 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. The use of these links is the Customer’s exclusive responsibility.

13.2. Cleanwatts Digital, S.A. cannot be in any way responsible for content available in the pages mentioned or related with them.

 

14. User’s Liability

14.1. If the User of the Kiome® 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.

14.2. Cleanwatts Digital, S.A. does not control the content made available by its Users in the Kiome® Portal and, therefore, does not guarantee its correctness, quality, completeness or truthfulness.

14.3. Without prejudice to the previous number, 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.

14.4. Cleanwatts Digital, S.A. also reserves the right to suspend or terminate access to users who place on the Kiome® Portal the types of content referred to in the previous number.

 

15. Applicable Legislation

Portuguese Law is applicable to all questions not regulated by these Terms and Conditions.

 

16. 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.