TERMS OF USE AND PRIVACY POLICY FOR MOBILE APPLICATION AND ACCESS FROM MOBILE DEVICES

1.- GENERAL TERMS OF USE

The purpose of this document is to establish the General Terms of Use for the mobile application (APP) that is the property of AMPERE POWER ENERGY, S.L (hereinafter AMPERE with a registered address atthe Campo Anibal Industrial Complex, Avda. del Progres no. 13 46530 Puzol (Valencia). Its Tax Identification Number is B9877116 and it is entered in the Valencia Trade Register, Volume 10.007, Book 7.309 sheet V 117.540

AMPERE reserves the right to modify these Terms of Use at any time in order to adapt them to applicable laws in force

These Terms of Use do not exclude the possibility that certain Application Services maybe subiect to their own particular terms (hereinafter referred to as Particular Terms in addition to the General Terms of Use due to their specific features.

AMPERE can make changes and updates to these Terms of Use and the Privacy Policy at any time and without advanced notice. These charges will be published on the website and on the Application and shall be in effect from the moment They are published.

As a consequence of the above, the User must periodically check to see if there are any changes in these Terms and, regardless of whether the User provides express agreement or not, if they continue to use the Service after the changes are published this implies agreement and assumption of said changes in the User does not agree to the updates in the Terms of Use of the Privacy Policy, they can withdraw by no longer using the Service

The downloading and use of the application confers user status of said application (hereinafter the use and implies the reading, understanding and acceptance of all of the terms and conditions included here.

1.1- USE OF THE MOBILE APPLICATION AND ITS SERVICES

The User acknowledges and accepts that the use of the contents and/or services offered by this mobile application will be under their exclusive risk and/or responsibility. The User access to use this mobile application and all of its content and Services in compliance with the law, accepted moral standards, public policy and these Terms of Use and the Particular Terms, where applicable.

Additionally, they agree to use the services and/or contents of the mobile application appropriately and not use them to undertake illicit activities or any that constitute a crime, that infringe upon the rights of third parties and for infringe regulations on intellectual and industrial properly. or any other applicable rules of law. In particular the user agrees not to transmit introduce, disseminate or make available to third parties any type of material or information date contained messages, drawings, sound and Image files, photographs, software, etc.) that may go against the law, morality public policy and these Terms of Use and, where applicable relevant particular Terms

1.2- INTELLECTUAL AND INDUSTRIAL PROPERTY

All brands, copyrights, databases and other Intellectual Property Rights of the Application, whatever their nature, as well as the source code are the exclusive property of AMPERE or, where applicable, of those owners from whom AMPERE has legitimately obtained the licence or cession to use them in the Application

The Application and all of the contents provided through it including but not limited to lexis, graphics, images, ils design and the intellectual property rights that may correspond to said contents, as well as the brand trade name, logotype or any other distinctive symbol belongs to AMPERE

The download, access to and use of the Application does not assign the User any right over said brand trade name and/or distinctive symbols.

AMPERE grants limited, free, non exclusive and revocable authorisation for personal, non commercial use to receive the multimedia content made available through the Application. This authorisation will remain in effect unless the User stops using the Application or is removed upon AMPERES request

AMPERE retains ownership of all copies of the Application even after it is installed in the User's device.

The User agrees to not disassemble, decompile, apply reverse engineering or attempt in any other way to gain access to the Applications source code.

1.3- WARRANTY EXCLUSIONS. LIABILITY

AMPERE does not guarantee or assume any responsibility for the function availability, accessibility or continuity of the information contained and the services of this mobile application which has been indicated above, may be modified wholly or partially temporarily suspended or even withdrawn.

Neither does AMPERE guarantee the maintenance updating of the information contents or services that are part of the Application, nor their quality, reliability, suitability or utility.

Likewise, the user accepts that the Application operates through the Internet and mobile networks and that, as a result, the quality and availability of the Application may be affected by factors beyond AMPERES control.

As a result of all of the above, within the limits established by law, AMPERE shall not be liable for any type of losses, direct or indirect harm or damages caused to the User as a result of the unavailability lack of access, lank of continuity of this mobile application and/or access to the Application itself.

The Application software version may undergo periodic updates in order to be compatible with new functions and services. Therefore, the User must have a mobile device and an operating system that are compatible with the new software to be able to continue to gain access to the application and use he service. As a result AMPERE shall not be liable for the Users inability to gain access to or use the Application as a result of the incompatibility of the device or operating system

The downloading access and use of the Application in mobile devices or similar does notimply that AMPERF has any obligation to monitor for the absence of viruses, worms or any other harmful computer element. It is the user's responsibility. In any car to ensure the availability of the suitable tools for detecting and desinfecting harmful computer programs. AMPERE does not accept any responsibility for any damage or alteration to the User's devices as a result of the Application's installation and use, including but not limited to computer equipment, portable devices or mobile phones.

AMPERE shall not be responsible, directly or alternatively for any kind of damages or harm deriving from use of the Applications Services and contents by the use of any that my derive from the lack of truthfulness, accuracy and/ or authenticity of the data or information provided by the user through this mobile application. Therefore, use of the Application does not imply any obligation on AMPERE’s part to verify the reliability, accuracy suitability, appropriateness, completeness or relevance of the information provided through the Application

AMPERE does not accepts responsibility for the decisions made by the User based on the information provided through the Application or for the damages and harm suffered by the User or third parties as a result of activity that is based solely on the information obtained in the Application

2.- PRIVACY POLICY

AMPERE wishes to inform the Application User of the policy applied with regard to the processing of all data of a personal rature provided to the company as a result of using the Application's functions.

AMPERE reserves the right to make changes to the privacy policy at any time. Use of the Application implies that the Ulser accept the changes that may be made to it at any time

2.1- IDENTIFICATION OF THE FILE OWNER

AMPERE POWER ENERGY, S.L. (hereinafter AMPERE with a registered address in the Campo Anibal Industrial Complex, Avda. del Progres no. 13.46680, Puzol Valencia) Tax Identification Number B9877116 and entered in the Valencia Trade Register, Volume 10.027, Book 7.309, sheet V-167.540. Informs the Application ser of the existence of an automated personal information file for which AMPERE is responsible

2.2- FILE PURPOSE

All of the date that the User is asked to provide through the Application for mobile devices shall be necessary for the service to meet the aims of the service for which the Application was downloaded and installed in the corresponding devices

2.3- CONSENT

AMPERE informs the user that it complies with the data protection regulations in force and, in particular, with Organic Law 15/1990 of 13 December anthe Protection of Date of a personal Nature (LOPD) and with RD 1720/2007 of 2 December, Implementing the LOPD

In accordance with the provisions of the abovementioned regulation AMPERE declares that it only collects the data strictly necessary in order to provide the service intended by the Application.

However, AMPERE reserves the night to use the data that appear in its databases and the basic account information understanding this to be the data of the operation performance of the Ampere Product (Intelligent energy storage System) in order to:

  • Make statistical studies of the registered Users and the use they make of the Application
  • Analyse the results of the Ampere Products functioning improve its functioning, use and exploitation and facilitate the diagnostic of possible problems in it.
  • Provide the software updates included in the Ampere Product
  • Improve the Application's functioning
  • Therefore, through this document and many rate, through the download and use of the Application the user is informed and gives their consent for the inclusion of their pamonal information, including the data on Ampere Product functioning in the automatic files owned by AMPERE, in order to provide the service by virtue of which the Application was downloaded as well as complying with the aims mentioned in the paragraph above.

    2.4- GUARANTEE AND PROTECTION OF DATA

    In the processing of personal information AMPERE agrees to comply with the laws in force at all times and to maintain maximum confidentiality with regard to the information provided by the User.

    The personal information processed will not be used for any purposes other than those stated herein or, where applicable, included in another document or contract that binds both parties with particular terms.

    2.5- DATA VERACITY

    The User states that all of the date they have provided are true and correct and agrees to inform AMPERE of any changes.

    On the other hand, information provision is completely voluntary for the User, although if certain data are not provided and certain questions that may be asked in the registration process are not answered, this may make it Impossible to gain access to the services which were the reason for the request of personal information

    2.6- EXERCISING THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OBJECTION

    AMPERE informs the user that they may exercise the nights of access, rectification, cancellation and objection by sending a letter to the following address: Campo Anibal Industrial Complex, Avda. DelProgres no. 13, 46680, Puzol Valencia

    3.- OTHER POINTS

    3.1- MODIFICATIONS

    AMPERE reserves the right to make any modifications that it deems appropriate. This may include the modification removal or inclusion of new contents and/or serves as well as the way in which they appear provided and located.

    3.2- MINORS

    As a general rule to use the mobile Application’s Services, minors must have previously obtained permission from their parents, guardians or legal representatives, who shall be responsible for all of the acts performed using this mobile application by the minors in their charge

    3.3- LENGTH AND TERMINATION

    Provision of the Applications services and/or contents shall continue for an undefined length of time. Notwithstanding the above, AMPERE is authorized to unilaterally finalise, suspend or discontinue the Application and/or any of the services at any time and without prior notification.

    3.4- LAW AND JURISDICTION

    Each and every one of the questions regarding the Terms of Use and Privacy Policy, as well as these questions stemming from and relating to the services provided through the Application partially or wholly, are governed by Spanish law. The parties expressly waive the jurisdiction that might correspond to them and shall be subject to the Courts of the City of Valencia.