I. Introduction
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Renergia” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Energy Advisor (“Energy Advisor”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Energy Advisor, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
II. Accounts and membership
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
III. Information Collection and Use
The App collects and processes certain information about you, including but not limited to, data related to your dwelling's characteristics, types and ages of appliances, lighting sources, heating systems, and the number of occupants. We value your privacy and handle your personal information in accordance with our Privacy Policy. By using the App, you consent to the collection, processing, and storage of your personal data as outlined in our Privacy Policy. The information collected is used to estimate your monthly and annual electricity and heat consumption, as well as to generate a personalized energy efficiency plan to help you optimize your energy usage.
III.1 Privacy Policy
At Renergia, we value your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, store, and protect the data we collect from users of our mobile application ("Mobile Application") and related services.
a) Information We Collect
We may collect the following types of information when you use our Mobile Application:
Personal information: This may include your name, email address, contact information, and any other information you provide to us voluntarily.
Dwelling characteristics: We may collect data related to your dwelling's characteristics, such as types and ages of appliances, lighting sources, heating systems, and the number of occupants.
b) Use of Information
We collect and process your information for the following purposes:
Estimation of energy consumption: The data collected is used to estimate your monthly and annual electricity and heat consumption accurately.
Personalized energy efficiency plan: We generate a personalized energy efficiency plan based on the information you provide. This plan aims to provide recommendations and suggestions for optimizing energy consumption in your dwelling.
Sizing of technical solutions aimed at optimizing energy consumption in your home.
c) Data Security
We take appropriate measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. These measures include the implementation of technical and organizational security measures to ensure the confidentiality and integrity of your data.
d) Data Storage and Retention
We store and retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. After the retention period expires, we will securely delete or anonymize your data.
e) Third-Party Service Providers
We may engage third-party service providers to assist us in delivering our services. These providers are contractually obligated to handle your personal information securely and only process it for the purposes specified by us.
f) Data Sharing
We do not sell, rent, or lease your personal information to third parties. However, we may share your information in the following cases:
With your explicit consent.
When required by law or to protect our rights, property, or safety.
In connection with a business transaction, such as a merger, acquisition, or sale of assets.
Your Choices:
You have the right to access, modify, or delete your personal information held by us. You can exercise these rights by deleting your account directly from the App.
Changes to the Privacy Policy:
We may update this Privacy Policy from time to time. Any changes will be effective immediately upon posting the revised policy in the Mobile Application. We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your personal information.
IV. Estimation of Energy Consumption
The App employs a proprietary algorithm to estimate your electricity and heat consumption based on the information provided. The estimation results are provided for informational purposes only and should not be relied upon as precise measurements or guarantees. We make reasonable efforts to ensure the accuracy of the estimation results. However, variations in individual circumstances and external factors may impact the actual consumption values.
V. Energy Efficiency Plan
Based on the data you provide, the App automatically generates a personalized energy efficiency plan. This plan aims to provide recommendations and suggestions for optimizing energy consumption in your dwelling. It is important to note that the energy efficiency plan is indicative and should not be considered as a contractual commitment or a guarantee of specific outcomes. Implementation of the plan is at your discretion, and we are not liable for any consequences arising from its implementation.
VI. Indicative Project of Photovoltaic Panels
As part of the App's functionality, it may generate an indicative project of photovoltaic panels based on the information provided by you. The indicative project is intended to provide you with an estimation of the potential benefits and feasibility of installing photovoltaic panels. However, it does not constitute a formal proposal, offer, or obligation on our part.
VII. Links to other resources
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
VIII. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
IX. Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Energy Advisor or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Energy Advisor. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Energy Advisor or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Energy Advisor or third party trademarks.
X. Limitation of liability
To the fullest extent permitted by applicable law, in no event will Energy Advisor, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Energy Advisor and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Energy Advisor for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
To the fullest extent permitted by applicable law, in no event shall Energy Advisor, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages. This includes damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, or any other loss or damage, however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise. We strive to provide accurate and reliable information and services through our Mobile Application. However, it is important to note that the estimation results, recommendations, and suggestions provided by the Mobile Application are for informational purposes only and should not be relied upon as precise measurements or guarantees. Variations in individual circumstances and external factors may impact the actual results and outcomes. To the maximum extent permitted by applicable law, the aggregate liability of Energy Advisor and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Energy Advisor for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations of liability specified in this Agreement also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
XI. Indemnification
You agree to indemnify and hold Energy Advisor and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
It is important to understand that you have an obligation to use the Mobile Application responsibly and in compliance with applicable laws and regulations. By agreeing to these Terms and Conditions, you agree to indemnify and hold us harmless from any claims or liabilities that may arise from your actions or misuse of the Mobile Application. We encourage you to review this section carefully and consult with legal counsel if you have any questions or concerns regarding the limitation of liability or indemnification obligations.
If you have any questions or concerns about our limited liability and indemnification clauses, please contact us at:
Email: contact@renergia.ro
XII. Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
XIII. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Romania without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Romania. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Romania, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
At Renergia, we strive to provide a positive user experience and resolve any disputes or concerns that may arise. This section outlines our approach to dispute resolution and the applicable laws and jurisdiction for users of our mobile application ("Mobile Application").
XIII.1 Dispute Resolution Mechanisms:
In the event of any dispute or disagreement between you and Renergia, we encourage you to first contact us directly to seek a resolution. We believe in open communication and will make reasonable efforts to address your concerns promptly.
In addition, we may consider offering alternative dispute resolution mechanisms, such as mediation or arbitration, to provide users with additional options for resolving disputes. These mechanisms can offer a faster and more cost-effective resolution process compared to traditional litigation. We will assess the feasibility and suitability of such mechanisms and make them available if appropriate.
XIII.2 Applicable Laws and Jurisdiction:
This Agreement and any disputes arising out of it are governed by the substantive and procedural laws of Romania, without regard to its rules on conflicts or choice of law. For users located in different countries, it is important to note the following:
- Jurisdiction: The exclusive jurisdiction and venue for actions related to this Agreement shall be the courts located in Romania. By using our Mobile Application, you consent to the personal jurisdiction of these courts.
- International Users: If you are accessing or using our Mobile Application from outside Romania, you do so at your own risk and are responsible for complying with the laws and regulations of your jurisdiction.
It is our intention to comply with applicable laws and regulations governing data protection, privacy, and consumer rights to the extent possible. However, if any provision of this Agreement is deemed to be inconsistent with the laws of your jurisdiction, the relevant laws of your jurisdiction shall prevail.
XIII.3 Waiver of Jury Trial:
To the extent permitted by law, you hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. We believe that alternative dispute resolution methods can provide an efficient and fair resolution process.
By accessing and using our Mobile Application, you acknowledge and agree to the dispute resolution mechanisms and jurisdiction outlined in this section.
If you have any questions or concerns about dispute resolution or the applicable laws and jurisdiction, please contact us at:
Email: contact@renergia.ro
By including provisions on alternative dispute resolution mechanisms, clarity on applicable laws and jurisdiction, and a waiver of jury trial, you can provide users with additional options and clarity on how disputes will be resolved. This helps to promote transparency and establish a framework for addressing any potential conflicts that may arise.
XIV. Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
XV. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
XVI. Contact Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
contact@renergia.ro
This page was last updated on July 4, 2023.
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