The Website accessible through the link https://www.x-elio.com/ is owned by X-ELIO Renewables S.L., (“X-ELIO” or “Holder”, interchangeably), with Tax Identification Number B87232096 and registered office at Calle Poeta Joan Maragall, 1, 5th floor, 28020 Madrid.

The following are the conditions (“General Terms Use”) that generally govern access to the X-ELIO website, for both the services and functionalities offered therein, without prejudice to the application of other different conditions or any amendment thereof.

Periodic reading and review is recommended, as there may be amendments to this Legal Notice.

If you have any questions, complaints, suggestions or concerns, please contact us at privacy@x-elio.com so we can try to help you.

General Terms of Use

The General Terms of Use govern the access and use of the X-ELIO Website accessible through the link https://www.x-elio.com/

1. Parties

These General Terms of Use are signed, on the one hand, by the Holder and, on the other hand, by you, as an individual or legal entity who freely, voluntarily and free of charge accesses the website owned by X-ELIO (hereinafter, the “User” or “Users”).

The User tacitly consents to the General Terms of Use by simply visiting, browsing and using the Website.

2. Free Website

X-ELIO makes the Website available to Users free of charge for mere browsing.

3. Purpose of the Website

X-ELIO makes the Website available to the User to provide information regarding its specific activity and features, all of which are related to the corporate purpose of X-ELIO, which fundamentally consists of the development of sustainable solar energy projects and any other activity related thereto.

The User assumes, knows and accepts, by the mere fact of visiting the Website, that the data and information contained may contain errors, inaccuracies or not be updated. In this regard, the visitor must not use said data and information to make any decisions that may have economic or other consequences for the same or for third parties, without first verifying said data at their own discretion and under their own responsibility for the appropriate purposes.

X-ELIO reserves the right, at its discretion, to update the contents of the Website, to delete them, limit them and to prevent access to them, temporarily or definitively, as well as the right to modify at any time the presentation, configuration and location of the Website and its access to the General Terms of Use and requirements, not guaranteeing the availability or continuity of operation of the Website or of any other
sites accessed through links on the Website.

4. User Obligations

As a User, you must respect X-ELIO and comply with the following conditions:

a. Use the Website and its services and features in accordance with applicable legislation (especially intellectual and industrial property laws and personal data protection laws), as well as generally accepted morals and good customs, public order and these General Terms of Use.

b. Use the Website in a diligent, correct and lawful manner

c. Regularly review these General Terms of Use, the Privacy Policy and the Cookie Policy

d. Check the notifications X-ELIO sends you, as they may contain important information

e. Not breach these General Terms of Use

f. Not infringe any rights or interests of X-ELIO or third parties, such as intellectual or industrial property rights (patents, trademarks, trade secrets, copyrights or other rights owned by X-ELIO)

g. Not use the Website to collect information and content to commercialize or provide any service in the market, that X-ELIO believes corresponds to or competes with it

h. Not introduce by any means computer viruses, worms, Trojan horses or any other type of malicious code aimed at interrupting, destroying or limiting the functionality of the Website

i. Not use reverse engineering techniques and/or decompile or decrypt or use any other system to find out the source code of the Website or any element subject to copyright or underlying intellectual property

j. Not modify the Website in any possible way or manner

k. Not damage, disable, overburden, or hinder the service (or the network or networks connected to the service), or interfere with any other User’s use and enjoyment of the service.

l. Not take any action or use any means to simulate the appearance or operation of the Website for any purpose

5. Availability of X-ELIO and its services

We offer the services of X-ELIO and will try to make sure those services are durable over time, as well as improve and expand them, so that you can access them at any time, as decided by X-ELIO and according to their availability and limitations.

We have no further obligation beyond what is contained in these General Terms of Use. However, there may be other special legal conditions, in which case such conditions will also apply.

X-ELIO reserves the right to modify, delete or alter at any time the services offered through the Website, whether they are their own or those of third parties.

6. Intellectual and industrial property

All intellectual and industrial property rights over the Website and all its contents, including programming, design, applications, graphics, codes, text or images present therein, belong exclusively to X-ELIO, or it has sufficient rights and/or authorizations for their exploitation.

Likewise the domain name, trademarks, trade names, and in general, any distinctive signs found on the Website are also owned by X-ELIO or it has the necessary licences to use them.

As a result of the above, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, even if citing the sources, is prohibited, unless there is the prior, express and written consent of X-ELIO or the exclusive holder of the affected rights.

If you detect any infringement of intellectual and/or industrial property rights on the Website, please email us at privacy@x-elio.com as soon as possible.

7. Third Party Sites

The Website may contain links to pages or websites owned by third parties not related to X-ELIO. X-ELIO assumes no responsibility for such links or for the content that can be accessed by clicking on them, since it does not approve or review their features, advertising or, in general, the information included on such pages, waiving any liability for their content or their proper functioning or the consequences or damages that may
occur as a result of access to them.

Any User who accesses any of these links will do so at their own risk and at their own expense, assuming the external nature of said content and the impossibility for X-ELIO to guarantee that there are no threats, malware or viruses, or that they do not host illicit content or other links that, in turn, lead to sites with one or more of the aforementioned characteristics.

8. Responsibility for your actions

X-ELIO shall not in any case be responsible for how you use the Website, nor for what you share on Facebook, Twitter or any other external page through the Website. We will also not be responsible if you breach any obligation or commitment in these General Terms of Use.

9. Waiver of liability

X-ELIO makes every effort to make the services and functionality of the Website permanently available. However, when you access the Website, it will be displayed to you “as is,” depending on the availability and limitations that occur at any given time.

Despite X-ELIO’s ongoing efforts to protect the systems and content contained on the Website, to which end it employs standard Internet security standards, it is not possible to give full guarantees regarding intrusions or losses of information that may occur.

Likewise, the absence of viruses or other harmful elements on the Website or on thirdparty pages that may cause alterations to the user’s computer system, both software and hardware, cannot be guaranteed. For this reason, the User assumes and understands that there are situations that may be beyond X-ELIO’s control.

X-ELIO waives any liability arising from misuse of the Website by the User, as well as for breach of the obligations or commitments assumed under these General Terms of Use or any other that may be applicable.

In general, neither X-ELIO nor its collaborators will be liable in the event of loss of profit or consequential damage for any reason.

10. Use in keeping with the purpose of the Website

Users are permitted to obtain the information contained on the Website for personal and private use. Use for commercial or unlawful purposes is expressly prohibited.

Users must respect the integrity of the contents of the Website, any modification thereof being expressly prohibited.

All trade names, brands or other signs of any kind contained on the websites are the property of their owners and are protected by law.

11. Confidentiality and Data Protection

The collection of personal data through the Website and its processing by X-ELIO is regulated through a specific Privacy Policy that the User can access through the Website.

12. Indemnification

Any breach of these General Terms of Use by you could result in compensation for damages for X-ELIO. Thus, if X-ELIO suffers damages, losses or any type of expenses (such as lawyer’s and barrister’s fees) due to your breaches, you will be obliged to compensate us.

Likewise, if any type of claim or proceeding against us arises from your breaches, you must indemnify us, and we will be able to claim any expense, cost, damage or damage arising from your actions.

13. Effectiveness and interpretation of the General of Use

These General Terms of Use and all of their particular General Terms of Use constitute a single agreement between you, as a User, and X-ELIO as owners of the Website.

If any provision of the General Terms of Use is held to be illegal, invalid or unenforceable under a provision of the Competent Authority, it shall be modified so that it can be construed as enforceable and effective as nearly as possible to the original intent of the provision.

Failure to enforce strict compliance with any of the conditions of these General Terms of Use does not and cannot be construed as a waiver by us of the right to demand strict compliance in future.

A declaration of nullity of any or some of the clauses established in these General Terms Use by the competent Authority will not prejudice the validity of the remaining ones.

14. Language

The language applicable to these General Terms of Use is Spanish. Versions of these General Terms of Use and the page itself are also available in other languages. However, if versions of these General Terms of Use have been offered in other languages, it is for your convenience and you expressly agree that they will always be governed by the Spanish version.

If there is any contradiction between what the Spanish version of these General Terms of Use says and what the translations say, in all cases the Spanish version will prevail.

15. Legislation and jurisdiction

The relations between X-ELIO and the User shall be governed by Spanish law and, in the event of a conflict in the interpretation of or compliance with these General Terms of Use, they shall submit, expressly waiving any other jurisdiction that may correspond to them, unless another jurisdiction is imperatively established by Law, to the Courts and Tribunals of the City of Madrid.