Terms and Conditions

Courtesy translation

This is an English translation provided for information only. The Italian version of these Terms and Conditions, available at www.ipgsenergy.it/terms, is the only text with contractual value. In the event of any discrepancy, the Italian text prevails.

1. Acceptance of the Terms

Accessing and using the website www.ipgsenergy.it and the client portal portale.ipgsenergy.it (the "Platform"), operated by IPGS ENERGY S.r.l., implies full acceptance of these Terms and Conditions. If you do not accept these terms, please do not use the service.

Client portal users accept expressly, at the first login following the publication of a new version, through a dedicated confirmation. For each acceptance we record the date, time, document version and cryptographic fingerprint (SHA-256) of the accepted text: users can review their own history under Settings › Privacy in the portal.

2. Operator Identification

IPGS ENERGY S.r.l.
Registered office: Via Ugo Ojetti 7, 20151 Milan (MI), Italy
VAT and Tax Code: 07006920966
Milan Companies Register — REA MI-1928935
Share capital: EUR 10,000.00 fully paid up
Email: ipgsenergy@ipgsenergy.it

3. Description of the Service

IPGS ENERGY S.r.l. is an energy consultant: it is not a gas or electricity supplier and does not take over the Client's supply contracts. It provides energy consultancy, analysis and optimisation of supply contracts, coordination of energy audits and document management support.

The client portal makes the following available, depending on the assigned profile:

• Submission and history of gas meter self-readings
• Monitoring of gas and electricity consumption and related reports
• Archive of supply documents (contracts, invoices, bills, certificates)
• Management of company records, gas delivery points (PDR) and electricity withdrawal points (POD)
• Opening and management of support requests (tickets)
• Receipt of service and informational communications

The service is intended for business clients and their designated users; it is not intended for consumers within the meaning of Italian Legislative Decree 206/2005.

4. Access and Accounts

Access to the client portal is by invitation from IPGS ENERGY S.r.l. only. The invited user undertakes to:

• Provide accurate and complete information when setting up the account
• Keep their access credentials confidential
• Immediately report any unauthorised access
• Not transfer their access credentials to third parties

Accounts with administrative or operational privileges must enable multi-factor authentication. IPGS ENERGY S.r.l. may make access to such profiles conditional on this measure being active.

5. Users designated by the Client

The Client informs IPGS ENERGY S.r.l. of the individuals authorised to access the portal on its behalf and promptly communicates any change, in particular when a designated user leaves the organisation.

The Client is responsible for the conduct of the users it designates and for activities carried out through their accounts, including data entry and access to company documents held on the Platform. IPGS ENERGY S.r.l. is not required to verify the internal authority of each designated user and treats operations performed with valid credentials as legitimate, unless unauthorised use is reported.

6. Intended Recipients of the Service

The service is intended exclusively for individuals of legal age (minimum 18 years) acting as representatives or delegates of client companies. IPGS ENERGY S.r.l. does not knowingly collect personal data of minors.

7. Use of the Service

The user undertakes to:

• Use the service lawfully and in compliance with applicable law
• Not interfere with the normal operation of the platform
• Not attempt to access restricted areas or other users' data
• Provide accurate and truthful self-reading data
• Not use the service for fraudulent purposes
• Not extract the platform's content in bulk or by automated means

8. Content and documents uploaded by the user

Users may upload documents concerning their own supplies (contracts, invoices, bills, readings, correspondence) and attach them to support requests. By uploading a document the user declares to be entitled to do so and authorises IPGS ENERGY S.r.l. to store and process it solely for the purposes of the consultancy relationship.

Uploading unlawful content, content infringing third-party rights or unrelated to the relationship is prohibited. Users should avoid including unnecessary data in documents and messages, in particular special categories of personal data within the meaning of art. 9 of Regulation (EU) 2016/679. IPGS ENERGY S.r.l. may remove manifestly unlawful content or content unrelated to the purpose of the service, notifying the user.

Uploading to the Platform does not replace the Client's own retention obligations: the Platform is not a certified digital preservation system under Italian legislation on electronic documents.

9. Responsibility for Self-Readings

The user is responsible for the accuracy of the self-readings entered. IPGS ENERGY S.r.l. is not liable for billing errors arising from incorrect data provided by the user. Please check the data carefully before submitting.

10. Automated processing of documents

To speed up the handling of bills and supply documents, IPGS ENERGY S.r.l. uses automated tools to read and structure data, including tools based on artificial intelligence models provided by third parties. Documents sent to such tools are not used to train the models.

The output of automated processing is preliminary: it is always reviewed by a member of staff before being used for analyses, reports or communications to the Client. No decision producing legal effects or similarly significantly affecting the Client is taken solely by automated means (art. 22 of Regulation (EU) 2016/679).

The Client remains responsible for checking the data concerning it: any discrepancy with the original documents should be reported to IPGS ENERGY S.r.l., which will correct it.

11. Intellectual Property

All content on the platform, including text, graphics, logos, icons and software, belongs to IPGS ENERGY S.r.l. or its respective owners and is protected by copyright and intellectual property law.

In particular, the analyses, reports, elaborations and documents produced by IPGS ENERGY S.r.l. within the consultancy relationship are the exclusive intellectual property of the Controller and may not be reproduced, distributed or disclosed to third parties without prior written authorisation.

Documents and data uploaded by the Client remain the Client's property. The Client may obtain a copy at any time from the portal and, upon termination of the relationship, request their export as set out in art. 18.5.

12. Confidentiality

All information, data, analyses and reports accessible through the client portal are strictly confidential and intended solely for use within the consultancy relationship with IPGS ENERGY S.r.l.

The user undertakes not to disclose to third parties any information obtained through the platform, save where otherwise agreed in writing with IPGS ENERGY S.r.l. Breach of the confidentiality obligation may lead to termination of the relationship and to a claim for damages.

The confidentiality obligation is mutual: IPGS ENERGY S.r.l. treats the Client's business information as confidential and does not disclose it to third parties beyond what is necessary to perform the service, what is set out in the Privacy Policy or what is required by law.

13. Service and informational communications

IPGS ENERGY S.r.l. sends to the email address associated with the account the communications necessary to perform the relationship: invitations and credential resets, self-reading reminders, updates on support requests, contract deadlines, security alerts and updates to the legal documents. These communications are part of the service and cannot be switched off while the account is active.

Separately, IPGS ENERGY S.r.l. may send informational communications about its services and about energy market developments. These can always be refused, free of charge and at any time, from Settings › Notifications in the portal or through the link included in each message. How the related data is processed, including open statistics, is described in the Privacy Policy.

14. Service Availability

IPGS ENERGY S.r.l. undertakes to ensure service continuity but cannot guarantee that the service will always be available, uninterrupted or error-free. Interruptions may occur for maintenance or updates.

Scheduled maintenance resulting in portal downtime is announced, where possible, with reasonable notice through the platform or by email.

15. Limitation of Liability and absence of any guarantee of results

The work of IPGS ENERGY S.r.l. is a best-efforts obligation, not an obligation of result. Analyses, savings estimates, expenditure projections and offer comparisons are based on the data available at the time and on prevailing market conditions: they do not constitute a guarantee of any particular saving nor a promise of an economic outcome. Decisions concerning supply contracts remain with the Client.

IPGS ENERGY S.r.l. shall further not be liable for:

• Loss of data due to technical problems
• Damage arising from improper use of the service
• Service interruptions due to force majeure or to acts of third-party infrastructure providers
• Billing errors caused by incorrect data provided by the user
• Commercial decisions taken by the Client on the basis of the reports, without prejudice to the liability of IPGS ENERGY S.r.l. for errors attributable to it in preparing them

Nothing in these Terms limits the liability of IPGS ENERGY S.r.l. for wilful misconduct or gross negligence, or in cases where such limitation is prohibited by mandatory law.

16. Data Protection

The processing of personal data is governed by our Privacy Policy, to which reference is made for all details, and by the Cookie Policy for cookies and tracking technologies. The data controller is IPGS ENERGY S.r.l.

Where IPGS ENERGY S.r.l. processes personal data on behalf of the Client — for example the data of company contacts contained in uploaded documents — the parties govern the relationship through a processor appointment under art. 28 of Regulation (EU) 2016/679, available on request.

17. Changes to the Service and to the Terms

IPGS ENERGY S.r.l. reserves the right to amend these Terms and Conditions and to modify, suspend or discontinue the service, in whole or in part, at any time. Changes will be announced through the platform and the user will be asked to accept the new terms.

Material changes are notified by email at least 30 (thirty) days before the effective date, except where a shorter period is imposed by law or by an order of a competent authority. Users who do not wish to accept the new conditions may withdraw free of charge before the effective date by giving written notice. Every version of these Terms remains available, together with the relevant list of changes, in the archive published at www.ipgsenergy.it/legal.

18. Suspension and Termination

18.1 Grounds for suspension

IPGS ENERGY S.r.l. reserves the right to suspend, in whole or in part, the user's access to the Platform in the following cases:

• Failure to pay amounts due
• Breach of these Terms and Conditions
• Fraudulent activity or suspected fraudulent activity
• Unauthorised sharing of confidential data, analyses or reports in breach of art. 12
• Threat to the security of the Platform or of the data it contains
• Request by a competent judicial or administrative authority

Suspension may take immediate effect, following notice to the user at the email address associated with the account. The notice will state the suspension without necessarily setting out its detailed grounds.

18.2 Effects of suspension

During the suspension period:

• The user will not be able to access the Platform or related services
• The user's data will be retained in accordance with applicable data protection law (Regulation (EU) 2016/679 — GDPR)
• Outstanding contractual obligations, including any debts, remain in force

18.3 Reactivation

The user may request reactivation of the account by contacting IPGS ENERGY S.r.l. Reactivation is subject to the resolution of the grounds that led to the suspension and to the discretionary assessment of IPGS ENERGY S.r.l.

18.4 Definitive termination

In the event of serious or repeated breaches, IPGS ENERGY S.r.l. reserves the right to terminate the relationship with the user definitively, on 15 (fifteen) days' notice, save in urgent cases justifying immediate termination. Termination entails deactivation of the account and anonymisation of the user's personal data, without prejudice to the retention of company data under art. 18.5.

18.5 Retention and export of company data

Upon termination of the relationship (by termination, withdrawal or expiry), the Client may request within 30 (thirty) days a copy of the documents and data it uploaded, which is provided in a commonly used electronic format. After that period, IPGS ENERGY S.r.l. will retain the documents and company data relating to the consultancy relationship for the period required by law, in particular:

• Invoices, bills and accounting documents: 10 years (art. 2220 Italian Civil Code, art. 39 Presidential Decree 633/72)
• Supply contracts and commercial correspondence: 10 years (art. 2220 Italian Civil Code)
• Self-readings, consumption data and energy reports: for the duration of the related tax and contractual obligations
• Security and audit logs: for the period necessary to protect the rights of IPGS ENERGY S.r.l. and its clients
• Register of acceptances of the legal documents: 10 years, as evidence of compliance

The user's personal data (name, email, credentials) will be anonymised when the account is deactivated, in accordance with the data minimisation principle (art. 5(1)(c) of Regulation (EU) 2016/679). Company data is retained on the legal basis of legal obligation (art. 6(1)(c) GDPR) and legitimate interest (art. 6(1)(f) GDPR) in protecting contractual rights.

18.6 Good faith

The rights of suspension and termination will be exercised by IPGS ENERGY S.r.l. in accordance with the principle of contractual good faith under art. 1375 of the Italian Civil Code.

19. Governing Law and Jurisdiction

These Terms and Conditions are governed by Italian law. The Courts of Milan shall have exclusive jurisdiction over any dispute.

20. Language of the contract

The Italian version of these Terms and Conditions is the only one with contractual value. Translations into other languages published on www.ipgsenergy.it are provided as a courtesy for information purposes only: in the event of any discrepancy, the Italian text prevails.

21. Specific Approval (Arts. 1341-1342 Italian Civil Code)

Pursuant to and for the purposes of arts. 1341 and 1342 of the Italian Civil Code, the user specifically approves the following clauses: Client's responsibility for the users it designates (art. 5), intellectual property in the analyses and reports prepared by IPGS ENERGY S.r.l. (art. 11), confidentiality of the information and data held in the portal (art. 12), limitation of liability and absence of any guarantee of results (art. 15), right to amend the Terms and the service unilaterally (art. 17), suspension and termination of the account (art. 18) and exclusive jurisdiction — Courts of Milan (art. 19).

22. Contact

For any question regarding these Terms and Conditions, please contact IPGS ENERGY S.r.l. at ipgsenergy@ipgsenergy.it or by post at the registered office, Via Ugo Ojetti 7, 20151 Milan (MI), Italy.