This legal notice and general terms and conditions of use (hereinafter, the “Legal Notice“) regulate the use of the website www.dvpsolar.com, as well as all directories included therein (hereinafter, jointly referred to as the “Website“).

1. Identification of the owner of the Website

In compliance with Law 34/2002, of July 11, on Information Services and Electronic Commerce in Spain and the applicable regulations on electronic commerce that develop or complement it, we inform you that this Website is owned by DVP SOLAR WORLDWIDE, S.L.U. (hereinafter, “DVP SOLAR“), with registered office at Avenida de República Argentina nº 25, planta 7, módulos 3 y 4, Seville, and tax identification number B-02669059, duly registered in the Commercial Registry of Seville, on Page SE-127.667, Volume 6.947 and Sheet 127, and whose contact email address is legal@dvpsolar.com.

2. User and Terms of Use

This Website is governed by Spanish law, to which all natural or legal persons who access the Website (hereinafter, the “User“), whether Spanish or foreign, expressly commit to complying.

The information contained on the Website refers to the activity carried out by DVP SOLAR in accordance with the regulations applicable in Spain. This information is for illustrative and informational purposes only, does not constitute professional advice, and in no way constitutes any obligation on the part of DVP SOLAR towards Users.

Access to the Website by any User is free of charge and is conditional upon the prior reading and full, express, and unreserved acceptance of the Legal Notice and the Privacy Policy applicable at the time of access to the Website. All Users undertake to read carefully both the Legal Notice and the Privacy Policy.

By using the Website or its contents or services, Users expressly accept and agree to be bound by the provisions of the Legal Notice and Privacy Policy and declare and guarantee that they will make proper use of the Website in accordance with the law, good faith, public order, traffic usage, and this Legal Notice and Privacy Policy. The User shall be liable to DVP SOLAR, the companies within its Group, and third parties for any damages that may be caused as a result of a breach of this obligation. If the User does not agree with the Legal Notice or the Privacy Policy, he/she must immediately refrain from using or in any way operating on this Website.

Users accept that the presentation and configuration of this Website, as well as its services and content, may be modified or even deleted unilaterally and without prior notice, and DVP SOLAR shall not be liable for the accuracy, insufficiency, up to date or authenticity of the information provided.

3. Intellectual and industrial property

All industrial and intellectual property rights over the designs, texts, images, source codes and, in general, over all the content of the Website—including, but not limited to, photographs, logos, designs, trademarks, trade names, databases, menu layouts, graphics, colors, tools, software, etc.—are protected by the applicable intellectual and industrial property legislation and are the exclusive property of DVP SOLAR or any of the companies within its Group, or, where applicable, of third parties from whom DVP SOLAR has obtained the corresponding operating license.

Likewise, the images presented on the Website of photovoltaic or agrivoltaics plants are projects simulations, created directly or indirectly (through service providers) considering technical details of our projects currently under development, purely by way of example, to illustrate the final results of our activity to Website Users. Some of these images were generated using Artificial Intelligence systems or were created by altering other images with such systems. All of them are also protected by intellectual and industrial property applicable legislation and are the exclusive property of DVP SOLAR or any of the companies in its Group, or, where applicable, of third parties from whom DVP SOLAR has obtained the corresponding operating license.

Therefore, the use, reproduction, transmission, transformation, modification, distribution, public communication, making available, extraction, reuse, exploitation, or use in any way by the User of the contents referred in the previous paragraphs is strictly prohibited, except in cases where it is legally permitted or expressly authorized in writing by DVP SOLAR or any of the companies in its Group, or as provided for in this Legal Notice.

Notwithstanding the foregoing, DVP SOLAR grants a non-exclusive, non-sublicensable, and non-transferable license to Users to use the Website and the features, content, and other functions available, which shall be subject to the rest of the Website’s Legal Notice and applicable regulations.

The User is only entitled to make private and non-commercial use of the content, texts, and images included on the Website, without profit, and will require the express authorization of any of the entities of DVP SOLAR and/or, where applicable, the corresponding rights holder to modify, reproduce, exploit, distribute, or exercise any right belonging to the rights holder.

The User acknowledges and accepts that the use of the Website does not imply the transfer of any industrial or intellectual property rights from DVP SOLAR to the User, nor does it constitute any authorization for the creation of developments derived from the Website, except for the limited, non-exclusive, non-transferable, and free license granted to Users of the Website in accordance with this Legal Notice.

The legitimacy of the intellectual or industrial property rights corresponding to the content provided, where applicable, by third parties to the Website is the sole responsibility of those third parties.

4. Conditions of access to the Website

Access to the Website is free and open to all. Users guarantee the truthfulness, accuracy, authenticity, and timeliness of all data communicated to DVP SOLAR and shall be solely responsible for any false or inaccurate statements made thereof.

All Users must access the Website in accordance with good faith, applicable legislation, public order regulations, the Legal Notice, and the Privacy Policy. The User agrees to make proper use of the contents and services of the Website, which shall never be used for illegal activities or activities that may be contrary to good faith, applicable legislation, or public order. Any use by the User of the content and services must comply with the principles indicated above. Specifically, the User agrees not to use the content and services of DVP SOLAR and the Website for, among other things:

1. Disseminating content that is criminal, violent, pornographic, racist, xenophobic, offensive, supportive of terrorism or, in general, contrary to current legislation, morality, good customs or public order.
2. Transmitting or introducing computer viruses or any other harmful components into the network that damage, limit, or harm the Website or any connected network or that interfere with the use by other Users, as well as performing actions that may alter, copy, damage, interrupt, modify, decompile, disassemble, reverse engineer, or generate errors or damage to the electronic documents, data, or physical and logical systems of DVP SOLAR or third parties; as well as granting licenses, leasing, selling, imitating, or hindering other Users’ access to the Website and its services.
3. Attempting to access the email accounts of other Users or restricted areas of the computer systems of DVP SOLAR or third parties and, where appropriate, extracting information.
4. Infringe industrial or intellectual property rights (copyright and related rights, domain names, trademarks, trade names, industrial designs, etc.), as well as violate the confidentiality of DVP SOLAR’s or third parties’ information and rights of personal data.
5. Impersonating another User, Public Administrations, or any third parties.
6. Reproducing, transmitting, copying, distributing, making available or in any other way publicly communicating, extracting, reusing, transforming, modifying or economically exploiting the contents, unless authorized by the owner of the corresponding rights or it is legally permitted.
7. Collecting data for advertising purposes and send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
8. Using the Website, or any part thereof, on other private or commercial websites, or make commercial use of the Website; or establish hyperlinks to the Website or any of its content (unless expressly authorized in writing by DVP SOLAR), refraining from making false, inaccurate, or incorrect statements about DVP SOLAR, or including content that is illegal, contrary to morality, good customs, and public order.
9. Any other activities contrary to the law in force, this Legal Notice, morality, good customs, or established public order, or for illegal, prohibited, or harmful purposes to the rights and interests of DVP SOLAR or third parties.

Access to the Website is under the sole and exclusive responsibility of the User, who shall be liable in all cases for any damages that may be caused to third parties, DVP SOLAR, or the companies within its Group.

Users shall be liable for damages of any kind that DVP SOLAR or any of the companies in its Group may suffer as a result of the User’s failure to comply with any of the obligations set forth in this Legal Notice or the Privacy Policy. Likewise, the User shall hold DVP SOLAR harmless against any penalty, claim, or lawsuit that may be brought by a third party, including any public bodies, against DVP SOLAR, its representatives, managers, or employees as a result of the violation of any third-party rights or any applicable regulations by said User through the use of the Website in contravention with the provisions of this Legal Notice.

DVP SOLAR reserves the right to block or restrict access to certain services offered in the Website to any User who violates this Legal Notice, the rights of third parties, or the applicable law.

5. Service and warranty exclusions. Liability.

Exclusions

Although DVP SOLAR makes every reasonable effort to ensure that the information and content available on the Website is up to date and that the Website is available at all times, it cannot guarantee that such information will be up to date at all times and free of errors, nor that the Website will be available for rapid and uninterrupted use. In any case, the information contained on the Website does not constitute professional advice and should be considered of general nature and for informational and illustrative purposes only. DVP SOLAR cannot guarantee completeness, suitability, accuracy, timeliness, validity, or integrity of this information.

In particular, but without this list being exhaustive, DVP SOLAR disclaims, to the extent permitted by applicable law, any liability for damages of any kind arising from the following cases:

• Technical failures that, due to unforeseeable circumstances or other causes, prevent the normal functioning of the Website;
• Lack of availability of the Website due to maintenance or other reasons that prevent the service from being available;
• The lack of truthfulness, accuracy, completeness, and/or timeliness of the content, as well as the existence of vices and defects of any kind in the content transmitted, disseminated, stored, or made available that has been accessed through the Website or the services offered;
• Computer viruses and similar programs that may cause alterations to computer systems, electronic documents, or User data, or that are generated as a result of improper use of the Website;
• Taking into account technological advances, it is possible that third parties may hack into the Website and cause disturbances. Notwithstanding the technical measures that may be adopted to reduce this type of risk, the Website assumes no responsibility for any damage that may be caused to the User for this reason. Likewise, DVP SOLAR is not responsible for the actions of third parties that violate industrial and intellectual property rights, trade secrets, rights to honor, personal and family privacy, and image rights, as well as regulations on unfair competition, data protection, and illegal advertising.

Similarly, DVP SOLAR reserves the right to correct, improve, or modify the Website and the information contained therein, when it deems appropriate and without prior notice, as well as to suspend access to it in order to carry out maintenance or improvements, and shall not be liable for the accuracy, insufficiency, or authenticity of the information provided.

DVP SOLAR warranty

The Website is presented as is, and DVP SOLAR does not guarantee that the services offered by the Website will be provided continuously and without errors, nor does it guarantee the results obtained from the use of the Website.

DVP SOLAR makes the Website available without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of satisfactory quality or suitability for a particular purpose or otherwise, except for those warranties that are implied and cannot be excluded, restricted, or modified under applicable law.

DVP SOLAR does not generally control the use that Users make of the Website. In particular, DVP SOLAR does not guarantee under any circumstances that Users will use the Website in accordance with the Law, this Legal Notice, morality, generally accepted good customs, and public order, nor that they will do so diligently and prudently.

Third – party links

This Website may contain links to other websites and may include information and/or services obtained from third parties, in order to facilitate Users access to those other sites and to the information and/or services of third parties and entities collaborating with DVP SOLAR. DVP SOLAR declines any responsibility for the information included on the Website obtained from these external links; as well as for the information contained in these external links that are outside this Website and are not directly managed by DVP SOLAR.

The User understands that these other websites are independent of the Website and that DVP SOLAR does not market, manage, or exercise any control over them, is not responsible for their content, operation, or the transmission received from said third parties, and will not assume any responsibility, even indirectly or subsidiarily, for any loss or damage in relation to the use or dependence on the content, goods, or services available on said site or resource, nor does it guarantee the absence of viruses or other elements therein that may cause alterations to the computer system (hardware and software). The sole purpose of these links is for informational purposes, for the convenience of the User, who is responsible for reading and accepting the terms of use and privacy and cookie policies published on the linked websites or applications.

User Guarantees

Users guarantee that they use the Website at their own risk. By accessing the Website, the User agrees to use it in accordance with applicable laws and regulations and to accept this Legal Notice and all its conditions. The User shall be solely liable to DVP SOLAR and/or third parties for any damage or harm that may be caused by a breach of this obligation. In this regard, DVP SOLAR shall not be liable for any damage or alteration to the User’s equipment as a result of using the Website and is exempt from any liability.

Users are solely responsible for ensuring that their computer systems have all the relevant and necessary technical specifications to use the Website.

6. Data Protection and cookies

DVP SOLAR is committed to protecting the personal data of its Users accessed through the Website and, therefore, will only use it in accordance with the provisions of the Website’s Privacy Policy.

This Website uses cookies to manage navigation and other functions of the Website. Users will find information regarding the use of own and third-party cookies in the Website’s Cookies Policy.

7.Modifications to the Legal Notice

DVP SOLAR reserves the right to modify and update the Legal Notice at any time, when it deems appropriate and without prior notice.

When significant changes are made to this Legal Notice, DVP SOLAR will publish the new version on the Website and when Users next access it, DVP SOLAR will give them the opportunity to review the changes. Users must refrain from using the Website if they do not agree with the modifications made to the Legal Notice.

The illegality, invalidity, or ineffectiveness of any of the provisions of this Legal Notice shall not affect the effectiveness of the rest, provided that the rights and obligations of the parties arising from the Legal Notice are not materially affected. “Material” is understood to mean any situation that seriously harms the interests of either party or that affects the very purpose of this Legal Notice. Such provisions shall be replaced or supplemented by others that, being in accordance with the law, respond to the purpose of those replaced. Users waive any claim for damages that may be sought in this circumstance.

8. Applicable legislation and jurisdiction

This Legal Notice is governed by Spanish law.

All disputes that may arise in relation to the Website, its Legal Notice, or the Privacy Policy shall be governed by Spanish common law and shall be submitted to the Courts and Tribunals of the city of Seville, waiving any other jurisdiction that may apply.

The User, when acting as a consumer, may also submit any dispute arising from or related to this Legal Notice to an alternative dispute resolution (“ADR”) procedure. The list of ADR platforms available from the European Commission can be found at the following link:

https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=es