Terms and Conditions of Service

TERMS AND CONDITIONS FOR USE OF THE PORTAL AND APPS

1. SUBJECT OF THE TERMS AND CONDITIONS
The following terms and conditions (hereinafter referred to as the "Terms and Conditions") apply to all services (hereinafter referred to as the "Services" or individually as the "Service") provided by Enel Energia S.p.A. (hereinafter referred to as "Enel Energia") with registered office in Via Luigi Boccherini, 15 - 00198 Rome through the Enel Energia Portal with address www.enel.it (hereinafter "Portal") or through the App. Anyone wishing to access use of any of the Services must first register in accordance with the instructions specified in section 2 “Registration” below and accept the Terms and Conditions described below, as well as accept the privacy policy regarding the processing of personal data.

2. DESCRIPTION OF SERVICES
To access any of the features on Enel Energia’s mobile application, it is necessary to follow three steps required to register, filling in the required information in the appropriate fields.
Registration, as described in point 3, gives access to a personal area reserved for customers who have subscribed to Enel Energia offers in the free market for energy and gas, and offers them the convenience of being able to manage various operations relating to their supply contract via the Enel Energia app.
Below are the functions available within the application, grouped in sections:
2.1 Account Manager
This is the section where the Customer can manage their personal account data (personal and contact details), as well as the consents already given when signing the supply contract, or by telephone, or when registering for the App or the Reserved Area of the Enel website.
Consents already given will be automatically reported on the App and in the Reserved Area of the Enel Energia Site.
Where the above consents have included a choice between the various contact methods (telephone, mobile, email), Enel Energia has stored the specific choices of each customer in its systems and guarantees to abide by these choices in future marketing activities, even if this is not made clear in the App and in the Reserved Area of the Enel Energia Site.
Lastly, it should be noted that, where the specific choice made included contact by “email or text”, the relevant consent will also be deemed valid for contact via the “app”, a tool not specifically considered in the old contracts, but nevertheless falling within the category of “automated contact systems”.
2.2 Supply Manager
This section is used to view and manage billing information through the following services:
- List of bills
This service allows the customer to view bills, the information they contain, and the relevant payments, as well as to keep a copy of bills in both summary and detailed formats.
- Payment management
This service allows the customer to view information about the active bank or postal direct debits relating to their supplies and to change their current account details.
- Self-reading
This service is for the customer to communicate the readings for all selected active supplies to Enel Energia in manual mode.
- Activate web bill (bill via email)
With this service it is possible to ask for bills to be delivered in electronic format by providing an already certified email address or a new email address to be certified.
2.3 Offers and Initiatives (News Section)
This feature serves to view all of the special offers available from Enel Energia. At any time, users can pay their energy and gas bills directly online by credit card or PayPal.
Finally, it will be possible to sign up for the enelpremia WOW! loyalty programme, consult the catalogue of downloaded vouchers, and take part in all the programme's initiatives.
Enel Energia would like to inform you that enelpremia WOW! is neither managed, nor associated with, nor sponsored by Apple or Google and that therefore, the liability of Apple and Google cannot under any circumstances be considered in the event of a dispute or controversy.

3. REGISTRATION
To register as a Customer and access and use any of the Services made available by Enel Energia, it is necessary to complete the relevant form available through the Portal or App.
By completing the Registration procedure and clicking the "I Accept" button, you declare that you have carefully read and expressly accepted all terms and conditions.

At the time of registration, you will have the opportunity to create your own account (hereinafter, "Unique Profile") which will include the contact data you provided during registration and an access code (hereinafter, "Password") that will be indispensable for access to the use of the Services. Using your Unique Profile, you will be able to access the enabled web portals and apps of the Enel Group. If, on the other hand, you are already registered with other Enel Group company web portals or apps, you can use your Unique Profile to access the Enel Energia Portal and App.

You can change your password at any time, following the instructions provided by the system. You are solely and exclusively responsible for maintaining the secrecy and confidentiality of your Unique Profile and/or Password and, consequently, you are solely and exclusively responsible for all uses of said Unique Profile and/or Password, whether authorised or unauthorised by you.
Enel Energia also allows you the possibility of accessing the reserved area and consequently, of accessing the services offered through the Enel Energia Portal and App, using the credentials provided by a social network (so-called social login).
For more details about using this procedure, please refer to the express provisions of the privacy policy (available on the Portal), point 3 'Purposes and legal basis of the processing'.

4. ASSUMPTION OF LIABILITY AND INDEMNITY
As the Customer, you assume sole liability for any activities carried out through the Portal or App within the scope of the Services and you undertake to indemnify and hold Enel Energia free and harmless from any claims, demands or threats relating to or arising from the use or misuse of the Services. In relation to the foregoing, the customer undertakes to immediately notify Enel Energia, by fax no. 800046311, of any unauthorised use by third parties of their Unique Profile and/or Password or any other breach of security of which they may become aware, undertaking in any case, as of now, to indemnify and hold Enel Energia free and harmless from any and all claims, including claims for damages, proposed and/or deriving, directly or indirectly, from the above-mentioned illicit use of the Services available on the Portal or App by anyone.

5 WITHDRAWAL
The customer has the right to withdraw from these Terms and Conditions at any time, without penalty, by deleting their user account via the function provided for this purpose in their user profile.

6. SUSPENSION AND/OR INTERRUPTION OF SERVICES BY ENEL ENERGIA

The Services are provided free of charge and in perpetuity. Enel Energia may at any time and without prior notice suspend or permanently discontinue the provision of the Services through the Portal or App. Specifically, Enel Energia may interrupt the Services in the following cases: a) when the Customer does not provide updated, complete, correct and truthful personal data, b) when the Customer uses the Services for illegal purposes or for the transmission or exchange of material that is unlawful, harassing, racist, slanderous or defamatory, damaging to the privacy of others, vulgar, obscene or otherwise reprehensible or that violates, or may violate, intellectual or industrial property rights or other rights of third parties; c) when the Customer uses the Services for the transmission or exchange of viruses, chain letters, or for unsolicited, mass distribution of emails; d) when the Customer violates the General Terms and Conditions or the particular terms and conditions applicable to a Service; e) when the Customer fails to authenticate their credentials on the Portal or App for a period of 24 (twenty-four) months. In this case, Enel Energia reserves the right to automatically cancel the Customer's registration.

7. AMENDMENTS TO THE TERMS AND CONDITIONS
Enel Energia has the right to amend these Terms and Conditions at any time and for the future, for objective technical, organisational and/or commercial reasons. Enel Energia will notify the Customer of the aforementioned changes at least 7 days prior to their entry into force, by email and by access to the Portal or App. In the event that the Customer does not wish to accept the changes to the Terms and Conditions, the Customer will be entitled to withdraw from said Terms and Conditions in the manner set out in Section 5 “Withdrawal”.

It is understood that the use of even a single Service by the Customer will constitute confirmation of their willingness to abide by the Terms and Conditions, any special conditions of the Service itself, and any subsequent amendments thereto. The Customer undertakes to keep the Terms and Conditions and all subsequent amendments thereto on a suitable durable medium, without prejudice to the Customer's right to request a copy of the Terms and Conditions from Enel Energia.

8. INTELLECTUAL PROPERTY
The Customer expressly acknowledges that all intellectual property rights, protectable on the basis of copyright or other provisions, including but not limited to, know-how, source code, software, hardware, designs, applications, patents, industrial secrets, formulas, algorithms, models, databases and the like, relating to the Services, data, and other materials originating from Enel Energia or in any case made available to the Customer by Enel Energia under the General Conditions are and shall remain the property of Enel and of the subjects of which it is the legitimate licensee. It is understood that the Customer may not copy, modify, sell, assign, license, transfer to third parties or create derivative works from any of Enel Energia's rights, nor allow third parties to do so through the Customer or their computer. Finally, the Customer acknowledges that all contents (software, images, graphics, photographs, music, sound, video, text, data, etc.) of the promotional correspondence presented to the Customer via the newsletter service or by the newsletter providers are protected by the applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws.

9. LIMITATION OF LIABILITY OF ENEL ENERGIA
The Customer acknowledges that the use of the Services takes place at their sole risk. The Services are provided on an "as is" and "as available" basis on the Enel Energia Portal or App, with no guarantee that the Enel Energia Portal or App will be uninterrupted, virus-free, error-free, or fit for any particular purpose or result. Enel Energia shall also not be liable for any damages, claims or losses, direct or indirect, to the Customer due to the failure and/or defective functioning of the Customer's own electronic equipment or that of third parties, including Internet Service Providers, telephone and/or telematic connections not directly managed by Enel Energia or persons for which it is responsible. Enel Energia shall not be held in default of its obligations, nor shall it be liable for any damages resulting from the failure to provide the Services due to the malfunction or failure of the electronic means of communication due to causes beyond its foreseeable control, including, by way of example, fire, natural disasters lack of, unavailability of telephone connection lines or other network service providers, malfunctioning of computers and other electronic devices, even if not an integral part of the Internet network, malfunctioning of software installed by the Customer, as well as the actions of other users or other persons with access to the network. Under no circumstances shall Enel Energia be held liable for any type of damage, direct or indirect, deriving to the Customer or to third parties (i) from the use of or inability to use any of the Services; (ii) from any interruption or suspension of any of the Services for any reason whatsoever; (iii) from goods or services purchased or obtained by the Customer through the Services; (iv) from unauthorised access to or alteration of Customer transmissions or data, including, inter alia, any damage, including economic damage, that the Customer may have suffered due to loss of profit, use, loss of data or other intangible elements. The Customer undertakes to use the Services exclusively for legal purposes permitted by the applicable legal provisions in force, custom and practice, and the rules of diligence, in any case without infringing the rights of any third party, whether or not a user of the means of communication, and with particular regard to data protection regulations, laws on the protection of intellectual and industrial property, and telecommunications regulations. The Customer assumes full and exclusive responsibility for the content of the messages and texts sent by them or on their behalf to third parties through the Services, acknowledging their sole responsibility for same and holding Enel Energia, as well as subjects connected to it or controlled by it, its representatives, employees and any partner of Enel Energia free and harmless from any consequent claim for damages or compensation and reimbursing Enel Energia for any cost deriving from third party claims or actions against it for damages caused by the Customer or persons authorised by the Customer to access the Services.

The Customer acknowledges that any deletion, requested by the Customer, of the personal data communicated during the registration process may result in Enel Energia being unable to guarantee the continuation of the chosen service in the event that the data, for which cancellation is requested, is considered indispensable for the purposes of the service itself.

10. APPLICABLE LAW
These Terms and Conditions are governed by the laws of Italy. Should any of the provisions contained in these Terms and Conditions be deemed invalid, void and/or otherwise unenforceable under applicable law, the remaining provisions shall nevertheless be deemed fully valid and enforceable.