Thanks for your interest in the DEXMA ENERGY GRADER! Here you can find the conditions of use for this service.
This conditions apply to use of the DEXMA Energy Grader service (the “Service”) made available by DEXMA SENSORS, S. L., (“DEXMA” or “us”) at https://dexmatech.typeform.com/to/rwVspY (the “Website”).
By clicking on the “Send” button that is shown as a part of the access process for the first time, you (“you” or the “User”) accept the following conditions (this “Agreement”) governing the use of the Service.
If you accept this Agreement in the name of a company or other legal entity, you represent and warrant that you have the authority required to bind that entity to these conditions, in which case the term “You” and “User” shall refer to that entity. If you do not have this authority or do not accept these conditions, you shall not click on the “Send” button and you may not use the Service.
1. Conditions of Use of the Service
1.1. The Service that consists in providing you with a free report (the “Report”) on (a) whether your building is energy efficient, (b) the competitive positioning of your energy purchase and (c) potential savings with respect to energy prices. The Report is generated by our technology based on the data sent by you (“User Data”).
1.2. This service is only available for corporate entities and/or professionals. It is not available nor may be used by consumers. The service is only available for your own internal use.
1.3. You may not (i) sell, resell, license, sublicense, transfer, assign, distribute or make available to third parties, or exploit commercially with third parties the Service or any contents therein or any contents of the Report (“Contents”), in whole or part; (ii) modify or make works derived or based on the Service or Contents; (iii) create Internet “links” to the Service or “mask” or “duplicate” the Service or Contents in or through any server or wireless or Internet-based device; or (iv) carry out any reverse engineering or access to the Service or attempt to modify the software and technology platform underlying the Service to (a) create a competing product, software or service, (b) create a software, product or service using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics of the software, product or Service.
1.4. In addition, you may not, through or via the Service: (i) send or store data in the Service that is false or inaccurate (ii) send or store material that contains software with virus, worms, trojans or codes, files, command sequences, harmful computer agents or programs; (iii) interfere or affect the integrity or performance of the Service or the data it contains; or (iv) try to obtain unauthorized access to the Service or related systems or networks.
2. User obligations and responsibilities
2.1. You must not offer false information or any false identity, if requested, to obtain access to or use of the Service.
2.2. In using the Service, you must not provide us with any personal data (any contact data, including your e-mail address, must be a corporate contact data) according to Spanish laws and rules on personal data. We shall immediately delete any personal data we find in our systems.
3. User Data
3.1. All User Data must be true, accurate and up-to-date as far as possible.
3.2. You alone are responsible of the accuracy, quality, integrity, legality, reliability, suitability of the User Data that you upload or otherwise transmit to the Service, and neither DEXMA nor our suppliers will be responsible for its elimination, correction, destruction, damage, loss or error arising during the storage of the User Data.
3.3. User Data will be used by DEXMA (a) to provide you with your Report and (b) in an anonymized manner, for purposes of maintenance, benchmarking, comparative analysis, statistics and for improving the Service, and, except for your Report, will be stored and processed anonymously.
3.4. Except as stated above, all User Data will be kept confidential.
4.1. The Service is free, and is provided “as is” and all implicit conditions, representations and warranties, whether statutory or of any other kind, including without limitation any warranty of merchantability, satisfactory quality, suitability or the non-infringement of third parties’ rights, are disclaimed to the maximum extent permitted by the applicable law. In particular but without limitation,
a) There is no warranty the reliability, suitability, quality, adaptability, veracity, availability, precision or totality of the Service or the Contents (including but not limited to the Report).
b) There is no warranty that (a) the use of the Service is secure, suitable, uninterrupted or functioning without errors or in combination with other hardware, software, systems or data; (b) the Service satisfies its needs or expectations; (c) any stored data is precise or reliable; (d) the quality of any product, Service, information or other material acquired through the Service satisfies its needs or expectations; (e) the errors or faults can be corrected; or (f) the Service or the servers allowing the Service do not contain a virus or other harmful components.
4.2. You agree that on no account will DEXMA, and/or its subsidiaries, affiliates, directors, employees, legal representatives and agents, be liable to you or any third party for any indirect, punitive, special, exemplar, accidental or other kinds of damages (including without limitation loss of data, income, benefits, use or other economic advantages) derived from this Service or related with the same in any way, including derived from the use or the incapacity to use the Service, or due to any Contents obtained through the Service, or any interruption, imprecision, error or omission, regardless of its cause.
5.1. DEXMA and its licensors hold all rights, title and interests to the Service, Website, Reports and connected databases, including without limitation all Intellectual and Industrial Property Rights therein, as well as of any suggestion, idea, request for improvement, comment, recommendation or any other information that has been offered by the User or any other party related with the Service. All rights that are not expressly granted remain reserved to the DEXMA and its partners or distributors.
5.2. This service may be discontinued at any time.
5.3. This Agreement shall be governed by the laws of Spain. You and DEXMA expressly agree that any conflict which may arise in relation to the interpretation or performance of this Agreement will be submitted exclusively to the ordinary courts of Barcelona, Spain, regardless of any other jurisdiction or court to which the parties may be entitled to submit such conflict.
5.4. We may use your contact email to send you electronic commercial communications regarding DEXMA’s own products and services. If you do not wish to receive these emails, please contact us on firstname.lastname@example.org