1.- GENERAL TERMS OF USE

This document is to establish the General Terms of Use of the Energy Saving Calculation Simulation Application (hereinafter, the "Application") of AMPERE POWER ENERGY, S.L. (hereinafter, "AMPERE"), whose registered address is Polígono Industrial Campo Aníbal, Avda. del Progrés no. 13, 46530 Puzol (Valencia), Fiscal ID Code number B98771116 and which is registered in the Commercial Registry of Valencia in Volume 10,027, Book 7,309, page V-167,540.

AMPERE may, at any time and without the need for prior notice, make modifications and updates to these Terms of Use and the Privacy Policy. These modifications will be published on the Application and will become effective from the moment of their publication.

As a result of the above, the User should regularly check whether there are any modifications to these Terms of Use and if the User continues to use the service following their publication, this will imply that they have accepted and understood the changes. Where they do not agree with the Terms of Use or the Privacy Policy updates, they may renounce the same and stop using the service.

Accessing and using the Application accords them the status of User of the Application (hereinafter, the "User") and implies that they have read, understood and accepted the current Terms of Use in their entirety.

Accessing and using the Application is free of charge, except for the cost of the connection through the telecommunications network provided by the internet service provider contracted by the User.

1.1 USE OF THE APPLICATION AND ITS SERVICES

Through the Application, whose information and outcome is exclusively advisory in nature, AMPERE allows the User to simulate the calculation of energy savings they would obtain by installing any of the AMPERE energy storage systems (hereafter, the "Service").

The User acknowledges and accepts that access to the Application and use of the content and/or Service offered by Application will be at their own risk and/or liability. The User agrees to use the Application and all of its content and the Service in accordance with the law, ethical standards, public order and these Terms of Use. Similarly, they agree to make personal and appropriate use of the Service and/or content of the Application and not to use it for onerous, illicit or criminal activities, which breach the rights of others and/or regulations on intellectual and industrial property, or any other applicable legislation.

For the User to access the Application, it is necessary to use certain access data the "username" and "password" (both, together, the "Access Data"), which will be generated by the User following delivery of the corresponding Data collection form to AMPERE and after the latter has registered them in the Temporary access system.

AMPERE is under no obligation to register users on the Temporary access system and may deny or cancel access to the Application Ad nutum (at will).

The Access Data is personal and non-transferable and, as a result, the User agrees not to share it and not to make unlawful and negligent use of the data.

1.2 INTELLECTUAL AND INDUSTRIAL PROPERTY

All the Application’s trademarks, copyrights, databases and other intellectual property rights, whatever their nature, as well as its source code, are the exclusive property of AMPERE, or, where appropriate, of those owners from which AMPERE has legitimately obtained the licence or release for them to be used in the Application.

The Application and all of the content provided through it, including, but not limited to, texts, graphics, images, its design and the intellectual property rights which may be associated with said content, as well as the trademarks, commercial name, logo or any other distinctive symbol are the property of AMPERE.

Access to and use of the Application does not grant the User any right to the aforementioned trademark, commercial name and/or distinctive symbols and neither to its contents.

AMPERE grants a limited, free, non-exclusive and revocable authorisation to use the contents made available through the Application. This authorisation will remain in force unless the User ceases to use the Application or they are removed at AMPERE ’s request.

The User agrees not to disassemble, decompile, reverse engineer, or attempt to somehow gain access to the Application’s source code, unless expressly and legally authorised to do so.

1.3 EXCLUSION OF WARRANTIES. LIABILITY

AMPERE neither guarantees nor assumes any liability for the operation, availability, accessibility or continuity of the Application’s information and Services, which may be modified in whole or in part, temporarily suspended or, even deleted.

AMPERE does not guarantee that the Application’s information, contents and Services will be maintained or updated; neither does it guarantee their quality, reliability, suitability and usefulness.

Likewise, the User accepts that the Application is accessed via the internet and that, therefore, the quality and availability of the Application may be affected by factors beyond AMPERE ’s control.

As a result of the above, AMPERE will not be liable, within the limits established in the current legislation, for any losses or direct or indirect damages caused to the User as a result of the unavailability, access failure, lack of continuity in the Application and/or access to the Application itself.

Accessing and using the Application does not imply any obligation by AMPERE to control the absence of viruses, worms or any other harmful computer bugs. In all cases, the User is responsible for ensuring the availability of suitable tools to detect and disinfect harmful computer programmes. AMPERE will not be liable for any damage or alteration to the User’s devices resulting from accessing or using the Application, including, but not limited to, computer equipment, portable devices or mobile phones.

AMPERE shall have no liability whatsoever for the deletion of, or the inability to store or transmit, any content or other information kept or transmitted by the Application. Neither will it be liable for the accuracy or reliability of any information contained therein, which is provided as guidance and does not constitute a recommendation, advice or instruction. Consequently, the User must carry out their own analysis and research of the information presented in the Application and their final decision with respect to the information contained therein shall not be linked to the Application’s content, but, rather it must be the result of their own investigations and analysis of the data, information, forecasts, projections and/or other information.

The final outcomes may differ, even materially, from what was expected or projected by the User.

The User accepts that, to the extent permitted by applicable law, the sole and exclusive right they have when faced with any problems or dissatisfaction with the Application, or the contents of it, is to stop using it. AMPERE hereby states and declares its good faith in creating, developing and updating the Application. However, in the hypothetical case that the User considers that any of the items and/or contents of the Application infringes either their rights or the rights of third parties, they should immediately inform AMPÈRE through any of the contact means indicated on the Application or these Terms of Use, so that the appropriate measures can be adopted in accordance with current legislation.

1.4 USERS’ CONDUCT

AMPERE does not guarantee that the User of the Application will use the contents and/or services in accordance with the law, ethical standards, public order, or these Terms of Use. Likewise, it does not guarantee the reliability and accuracy, completeness and/or authenticity of the data provided by the User.

AMPERE will not be liable, either indirectly or collaterally, for loss and damages of any kind arising from the use of the services and contents of the Application by the User or those that may arise from the lack of reliability, accuracy and/or authenticity of the data or information provided by the User through the Application. Therefore, using the Application does not imply an obligation on AMPERE’s part to check the veracity, accuracy, adequacy, suitability, completeness and relevance of the information provided through it.

AMPERE is not liable for any decisions made by the User based on the information provided through the Application or for damages caused to the User or third parties for actions based solely on the information obtained through the Application.

1.5 LINKS OR HYPERLINKS

Should the Application provide links or hyperlinks to webpages through buttons, links, banners etc..., AMPERE will not have any form of control over such sites, information and content. Under no circumstances will AMPERE assume any liability for the content of any link belonging to third-party websites, nor will it guarantee the technical availability, quality, reliability, accuracy, range, veracity, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites.

Accordingly, if the User has actual knowledge of any illegal activities carried out through these third-party websites, they must immediately notify AMPERE so that it can proceed to disable access to said link.

The inclusion of these links to other websites does not imply any type of association, relationship, collaboration, merger or involvement with the entities connected.

The User is aware and voluntarily accepts that, in any case, accessing links or hyperlinks is under their sole and exclusive responsibility.

1.6 COOKIES

AMPERE may use cookies solely for the purpose of allowing the User to identify and maintain their session and to access the Application without any type of advertising or similar, nor to compile browsing statistics or share content on social networks.

2.- PRIVACY POLICY

AMPERE wishes to inform the Application’s User of the policy it follows regarding the processing of all personal data which, through the use of the Application’s functions, may be provided to AMPERE.

AMPERE reserves the right to make changes to the privacy policy at any time. The use of the Application implies that the User accepts any changes that can be made to it at any time.

2.1 THE DATA CONTROLLER’S IDENTITY

AMPERE POWER ENERGY, S.L. (hereinafter, “AMPERE”), whose registered address is Polígono Industrial Campo Aníbal, Avda. del Progrés no. 13, 46530 Puzol (Valencia), with Fiscal ID Code number B98771116 and which is registered in the Commercial Registry of Valencia, Volume 10,027, Book 7,309, Page V-167.540 and email info@ampere-energy.com informs the Application’s User of the existence of an automated personal data file whose Data Controller is AMPERE.

2.2 PURPOSE OF THE FILE

Any personal data that is voluntarily provided by the User will be used to allow AMPERE to contact the User for promotional activities involving AMPERE ENERGY products. The purpose of the personal data file is specified in the questionnaire collecting said data, it will always be used for lawful purposes relating to AMPERE’s business activity and it will be treated with absolute confidentiality, destined only for those purposes for which it was collected and of which the User was expressly informed at the time of collection.

2.3 CONSENT

AMPERE informs the User that it complies with current data protection legislation and, specially, with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on protecting individuals regarding personal data processing and the free circulation of said data.

If, for any reason, you wish to contact us about any issue relating to the processing of your personal data or privacy, you can do so by any of the means listed above.

AMPERE does not collect the personal data of the Application’s Users through procedures beyond the User’s control, interested Users have to register to access the Application.

AMPERE will only have the personal data of those Users who voluntarily want to provide it through the Application, by way of the mechanisms established for that purpose. Only in these cases where it is the wish of the User and always on a voluntary basis, can they communicate their personal data to AMPERE.

Regarding security measures, personal data collected by AMPERE can be stored in databases, whose ownership corresponds exclusively to it, with AMPERE being responsible for the technical, organisational and security measures to ensure the confidentiality, integrity, and quality of the information contained therein in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and the Council of 27th April 2016 and its implementing regulations.

It is possible that third parties or entities may access the automated files owned by AMPERE containing data of a personal nature, within the framework of the provision of the Application’s "hosting" and maintenance services. However, said access will be conducted in accordance with the provisions of the applicable legislation. The provider of said service is "Google Cloud".

2.4 DATA GUARANTEE AND PROTECTION

When processing personal data, AMPERE agrees to comply with the regulations in force at all times and to keep the information supplied by the User strictly confidential.

Personal data being processed will not be used for purposes other than those listed herein, nor as the case may be, by another document or contract linking both parties with special conditions.

2.5 ACCURACY OF DATA

The User declares that all the data provided by them is true and correct and agrees to inform AMPERE of any changes.

On the other hand, data entry is absolutely voluntary for the User, although a failure to supply certain information or answers to questions that may be formulated in the course of any registration processes may mean that it is impossible to access the services for which the personal data has been requested.

2.6 EXERCISING RIGHTS

Any person has the right to obtain information about the existence of the processing of their personal data and to access any information and personal data that AMPERE POWER ENERGY S.L., has, to request that inaccurate data be corrected or, where appropriate, to request it be erased, when, among other reasons, the data is no longer needed for the purposes for which it was collected, or the person concerned withdraws the consent that they had previously granted.

In certain cases, the data subject may request that processing said data be limited, in which case, the data will only be retained in accordance with current regulations.

In some cases, they may exercise their right regarding data portability, which will be handed over to them or the new designated data controller in a suitable commonly used or machine readable format.

They are entitled to revoke their consent at any time for any of the processing for which they previously granted it.

AMPERE POWER ENERGY S.L. has forms available allowing any of these rights to be exercised, so please contact us at the following e-mail address info@ampere-energy.com and request the form you require. Similarly, you can use those provided to data subjects by the Spanish Data Protection Agency or third parties.

These forms must be signed electronically or accompanied by a photocopy of the National ID Document. If acting through a representative, it must also be accompanied by a copy of their National ID Document or electronic signature.

The forms must be submitted in person to AMPERE POWER ENERGY S.L’s registered address given above or, where appropriate, sent by e-mail.

You have the right to file a complaint with the Spanish Data Protection Agency, should you believe that your request for your rights has not been appropriately addressed.

AMPERE POWER ENERGY S.L’s resolution deadline is one month, starting from the effective date of receipt of your request by us.

3.- MISCELLANEOUS

3.1 AMENDMENTS

AMPERE reserves the right to make the amendments it deems appropriate, being able to amend, delete and include new content and/or services, as well as modifying the way in which they are presented and located.

3.2 MINORS

In general, in order to use the Application’s services, minors must have previously obtained the authorisation of their parents, guardians or legal representatives, who will be liable for all the acts performed through the Application by the minors for whom they are responsible.

3.3 DURATION AND TERMINATION

The provision of the Application’s services and/or content has an indefinite duration. Without prejudice to the foregoing, AMPERE is authorised to unilaterally terminate, suspend or stop Application and/or any of its services at any time and without prior notice.

3.4. LAW AND JURISDICTION

Any queries concerning the Terms of Use and the Privacy Policy, as well as all issues arising from or relating to, in whole or in part, the services provided through the Application, are governed in each and every one of their terms by Spanish law and, unless otherwise provided by law, the parties expressly renounce any jurisdiction that could correspond to them and are subject to the courts and tribunals of the city of Valencia.