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Terms and Conditions

Updated October 12th, 2022

MDLV Platforms, S.L. a Spanish company with legal address at Avenida del Municipi 14, Floor 36, 182, Benidorm, 03502, Alicante, Spain, and National Identification Number (NIF) B-09767054, registered in the Mercantile Registry of Alicante, Tomo 4458, Folio 223, Inscripción 1º, Hoja A-179096, (hereinafter «Modelium«). Modelium offers an online service to perform analyses and valuations of renewable energy projects. 

This document (the “Terms and Conditions”) regulates the rules of access and use of the website that Modelium has developed and that is accessible at www.modelium.com, and all of its subdomains, including the Software (hereinafter, the «Website«). Access to the Website confers the condition of user to whoever uses it (hereinafter, the «User«) and implies the acceptance of all conditions included in this document and in Modelium’s Privacy Policy and Cookies Policy. 

The platform is a cloud software (SaaS), accessible through the Website, that allows Users to receive the services, subject to and conditional upon continuous and full compliance of these Terms and Conditions (hereinafter, the «Software«). Access to the Software confers the condition of both user and client to whoever uses it (hereinafter, the «Client«) and implies the acceptance of all conditions included in this document and in Modelium’s Privacy Policy and Cookies Policy and is under their sole and exclusive liability.

Access and Use of the Website

Access to the Website, as well as, the non-consensual use that may occur of the information contained therein is the sole responsibility of the person who does it. 

The User undertakes to use the content, information and data of the Website in accordance with the Terms and Conditions, the rest of the policies accessible through the Website, the applicable regulations and widely accepted good manners and public order.

Modelium will not be liable for any consequence, damage or harm that may arise from such access to the Website, use or breach of the Terms and Conditions, nor shall it be liable for any security errors that may occur or for damage that may be caused to the computer system of the User (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User’s computer that is used to connect to the services and/or products offered by Modelium through the Website; (ii) a browser malfunction; and (iii) the use of out-of-date versions.

Website Use Regulations

Modelium reserves the right to cancel the account of the registered User and may terminate this contract. In particular, a User account may be cancelled if we detect the breach of any of the contractual obligations entered into under these Terms and Conditions, as well as in the case of observing use of the Website that does not comply with these Terms and Conditions, the Privacy Policy, Cookies Policy and/or the good faith usage accepted in the sector. 

Therefore, the User undertakes to:

  • Provide truthful information about the data requested in the forms provided by Modelium to access certain content or services offered through the Website and to keep them updated. Modelium reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Website, in case the data provided is or may be false, inaccurate or misleading. In any case, the User will be fully responsible for the data or content that they transmit or communicate to Modelium. In this sense, the User assumes responsibility for damages that may arise from misuse thereof.
  • Not use the Website, or any part of it, to develop analysis or valuation systems, to become a supplier of software application services in so far as they are aimed at enabling the access of third parties to the Software or any of its components, through rental operations, administrative services or any other similar activity, sharing them or making them available to third parties.
  • Not use the Website to collect personal data of other Users.
  • Not use the Website as a managing and sharing system for information and/or legal documentation, opposed to ethical or public order, copyright and/or industrial property rights.
  • Not carry out acts of reverse engineering, taking requirements and other activities aimed at developing an online platform identical or similar to the Software made available by Modelium, as this activity can be considered an act of unfair competition and infringement of the intellectual and industrial property rights that Modelium owns on the Software.
  • Not remove, delete, alter, manipulate or in any way modify those notes, captions, indications or symbols that Modelium, as the legitimate owner of the rights, incorporates into its intellectual or industrial property (e.g. copyright, ©, ® and TM), either on the Software itself or in the associated material.
  • Make Modelium aware of any events or situations that may have occurred that could jeopardize the access and security of authorized Users.
  • Not prevent the normal course of an event, contest, promotion or any other activity available through the Website, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by distorting the outcome thereof and/or by using fraudulent methods of participation, through any procedure, and/or through any practice that infringes or violates in any way these Terms and Conditions.
  • Refrain from using the contents of the Website for illicit purposes or effects, prohibited or contrary to those set forth herein, harmful to the rights and interests of Modelium, other users, third parties or that in any way may damage, disable, overload or deteriorate this Website or prevent the normal use or enjoyment of it by users.
  • Not systematically retrieve data or other content from the Website (including collecting usernames and/or email addresses of Users by electronic or other means) to create or compile, directly or indirectly, a collection, compilation, database or directory without Modelium’s written permission.
  • Not cheat, defraud or deceive Modelium or other Users, especially in any attempt to learn or obtain sensitive account information, such as passwords of Users, impersonate another User or person or use the username of another User.
  • Not misuse our support services or make false reports of abuse or misconduct.
  • Not sell, share or otherwise trade or transfer her/his profile or credentials. 
  • Not use any information obtained from the Website to harass, intimidate, threaten to harass, abuse or harm another person, including other Users or Modelium’s employees.
  • Not upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material that interferes or may interfere with any party’s use and uninterrupted enjoyment of the Website or that modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Website.

Links to other websites

These Terms and Conditions do not apply to third-party links and/or websites that can be accessed through the Website. Moreover, the Privacy Policy and Cookies Policy are also not applicable to third-party links and/or websites that can be accessed through the Website. 

In the event of accessing other networks or online resources, the User agrees to submit to the conditions of the corresponding privacy policies. Consequently, Modelium is not responsible for the content or security measures taken by them.

Likewise, we cannot guarantee the absence of viruses or other components of the content linked on the Website that may cause alterations in the computer (hardware and software), in the documents or files of the User, excluding Modelium from any liability arising from damage of any kind caused by all of the above. 

In any case, Modelium will proceed to the immediate withdrawal of any link when the content to which it redirects can violate national or international law, morality or public order.

Disclaimer of Warranty and Liability

Modelium does not guarantee the permanent availability of the services offered on the Website, although it will carry them out to the best of its ability to ensure regularity and proper functioning. To this end, Modelium declares that it has taken and will take all necessary and reasonable measures, within its means and the state of technology, to ensure the proper functioning of the Website.

However, Modelium assumes no responsibility for any damages that may arise from disconnections, interferences or interruptions that may occur in accessing or browsing the Website, nor for any damage that may arise for the User or for third parties from the existence and spread of computer viruses or other harmful elements.

Modelium also assumes no responsibility for any errors or omissions that may be found in the content of the Website, nor for the actions that the User may perform on the basis of such content.

Changes to the Terms and Conditions

Modelium reserves the right to make, without prior notice, changes it deems appropriate to the Terms and Conditions. It is the responsibility of the User to read them carefully, each time they wish to use the Website in order to check or verify the existence of modifications or changes to them, using as reference the date of the last update. Modelium may inform the User by means of appropriate notices of changes to the Terms and Conditions.

Intellectual and Industrial Property

The User acknowledges and accepts that all industrial and intellectual property rights of the contents and/or any other element added by Modelium on the Website (including without limitation all those elements that make up the visual appearance, images and other sensory stimuli that make up the Website or “look and feel“, trademarks, logos, trade names, texts, images, graphics, charts, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as source codes) belong to Modelium and/or third parties who have assigned their rights to them. For this purpose, the Website includes all creations incorporated and expressed by Modelium by any tangible or intangible, known or unknown, means and/or medium that are protected by the current regulations on intellectual and industrial property.

The mere display, printing, downloading or temporary storage, whether as a whole or in part, of the contents and/or elements inserted by Modelium on the Website is authorized exclusively for personal, private and non-profit use by the User, provided that, in any case, the origin and/or author of them is indicated and, where appropriate, the symbol of the copyright and/or industrial property notes of its owners appears. Any other use or exploitation of any rights shall be subject to the prior and explicit authorization specifically granted for this purpose by Modelium or the third party owner of the rights concerned.

The use of such elements, their total or partial reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, decompilation and/or any other act of exploitation of the Website and, any images that Modelium owns the right of exploitation to, is strictly prohibited. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.

These Terms and Conditions do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by Modelium or the third party owner of the rights affected. 

Without prejudice to all of the foregoing, if the User considers that any content on the Website could infringe intellectual and industrial property rights, please make it known to us as soon as possible by sending an email to legal@modelium.com. 

Additional information on data protection

Personal data will be kept for the time strictly necessary until the purpose for which it was collected ends and provided that the cause that legitimized the processing of this personal data is maintained as you can consult for each case in our Privacy Policy. When the cause that legitimized the processing ends, the personal data will be kept duly blocked for as long as appropriate in order to comply with the statutory limitation period to avoid possible violations.

In the case of marketing and/or digital promotional communications or newsletters, personal data will be kept until the User unsubscribes from such communications. However, we may still need to contact you regarding important non-marketing information, as well as any communication that is necessary to comply with our legal obligations.

At any time you may exercise your right of access, rectification, deletion, limitation, transfer or to oppose the handling of your data, including making a claim if you believe that Modelium is inappropriately handling your personal data, by sending a written communication to Modelium’s registered office at Avenida del Municipi 14, Floor 36, 182, Benidorm, 03502, Alicante, Spain, or via email to legal@modelium.com. If we deem it necessary in order to identify you, we may ask you for a copy of your passport, ID card or equivalent. 

You can use the forms and templates related to the rights mentioned above, by visiting the official website of the Spanish Data Protection Agency (https://www.aepd.es/es/derechos-y-deberes/conoce-tus-derechos). Moreover, if you believe Modelium is handling your personal data inappropriately, you can make a claim with this supervising authority (https://www.aepd.es/es).

For further information on how we process your personal data, please see our Privacy Policy.

Communications

The communications that the User sends to us should preferably be by email to legal@modelium.com. However, you may also send a written communication by post to Modelium at the following address: Avenida del Municipi 14, Floor 36, 182, Benidorm, 03502, Alicante, Spain.

Applicable law and jurisdiction

Current regulations will determine the governing laws and the relevant jurisdiction in the relationship between Modelium and the User of the Website. However, in cases where such current legislation allows for the possibility for the parties to submit to a particular jurisdiction, Modelium and the User, expressly renouncing any other jurisdiction that may correspond to them, will be exclusively subject to Spanish law and the Courts and Tribunals of Valencia.