Terms of Use

This is an English translation of the Spanish version. If the versions differ, the Spanish version prevails.

1. Purpose

These Terms of Use govern the services provided through the energio.es website and its related apps (referred to below as “the platform”), operated by Ahora Energio SLU (referred to below as “Energio”), with NIF B88686951 and registered office at Ronda del General Mitre, 126, 6th floor, 08021 Barcelona, Spain (further details in the Legal Notice).

Browsing the website is governed by the Legal Notice. These Terms of Use, which you can consult, save and print at any time, govern the services in section 2. To receive those services, you must expressly accept these Terms of Use before Energio starts providing them and again when you accept an offer:

In forms, by ticking the acceptance checkbox, which is never pre-ticked.
In the WhatsApp chatbot, by replying “Acepto” (“I accept”) after Energio sends you these Terms of Use as a PDF.
If a partner (“Partner”, section 7) passes your request to Energio, during Energio’s first direct contact with you. The Partner cannot accept them on your behalf.
When accepting an offer, during the acceptance process itself. Energio then sends you a copy of these Terms of Use on a durable medium.

Energio keeps the version of these Terms of Use you accept and the date of each acceptance.

These Terms of Use are supplemented by the following documents, which we recommend you read:

Legal Notice
Privacy Policy, which explains how Energio processes your personal data.
Cookie Policy

2. Description of the service

Energio offers an energy tariff comparison and optimisation service (electricity and gas) in the Spanish market. Through the platform you can access the following services:

Bill analysis: extracting and processing data from your electricity and gas bills to assess your current energy spending.
Tariff comparison: comparing your current tariff with offers from the retailers Energio works with, to identify potential savings.
Managing a change of retailer: managing and supporting the process of switching retailer when you accept an offer.
Access to consumption data: consulting your consumption data through Datadis, with your prior authorisation.

3. Service cost and business model

The services described in section 2 have no direct cost to you.

Energio receives commissions from energy retailers when a supply contract is concluded through the platform. Energio therefore informs you that:

Energio compares offers from retailers with which it has commercial agreements, rather than all offers on the market.
Energio only presents offers that, according to the simulation using the available data, provide estimated savings compared with your current situation.
Offers are presented in order of those estimated savings.
For reasons of economic viability, Energio may choose not to present offers whose remuneration does not cover the cost of the service.
Energio tells you that this commercial relationship exists; the specific commission amounts are not detailed.
At your request, Energio will provide the list of retailers with which it has commercial agreements.

Energio provides this information in accordance with the principles of good faith and transparency and consumer protection rules.

4. Conditions of access and use

To use the platform’s services, you must meet the following conditions:

Minimum age: be an adult or an emancipated minor with legal capacity to enter into a contract. For information on minors’ data, see the Privacy Policy.
Truthfulness of information: provide truthful, accurate and up-to-date data. You are responsible for the truthfulness of all information you provide.
Representation: if you act on behalf of a company or another person, you declare that you have sufficient authority and, where applicable, that you are the supply contract holder or are authorised by the holder.
Lawful use: do not use the platform for unlawful or fraudulent purposes or in a way that harms the rights or interests of Energio or third parties.
Platform integrity: do not attempt to access restricted areas of the platform or interfere with its operation, security or technical infrastructure.

Energio may suspend or restrict access to the platform for anyone who breaches these conditions.

5. Comparison and contracting process

The comparison and contracting process through Energio is subject to the following conditions:

Energio’s comparisons are for information and guidance. They do not constitute binding contractual offers.
Tariff data comes from energy retailers and may change without notice.
You freely decide whether to accept any offer presented. Energio does not put pressure on you or constrain your decision.
You can ask for a person to review any automated comparison or recommendation.
When you accept an offer, Energio shares your data with your chosen retailer, with your express consent, to facilitate the conclusion of the contract.
Energio does not sign contracts on your behalf. The energy supply contract is concluded directly between you and the retailer.
Energio is not a party to the energy supply contract.

6. Uploading documents

The platform allows you to upload energy bills and related documents in PDF, JPG or PNG format. Regarding the documents you upload:

The documents are used to provide the services in section 2 that you have requested, for the purposes and on the legal bases set out in the Privacy Policy.
You warrant that you have the right to share the documents you upload and that they do not contain third-party information without those parties’ consent.
The documents are stored securely and kept for the periods set out in the Privacy Policy.

7. Role of the Partner

If you came to Energio through a Partner:

Energio is the only entity responsible for providing the service and is the controller of your personal data, except when it processes that data on behalf of a client company as a processor (Privacy Policy).
The Partner’s role is limited to putting you in contact with Energio and, where applicable, helping you send your documents through Energio’s channels and choose between the offers Energio has calculated, all of which show estimated savings.
The Partner does not negotiate or sign contracts or make binding commitments on behalf of Energio or on your behalf.
The Partner may receive from Energio a share of the remuneration Energio receives from retailers, at no cost to you.

8. Intellectual and industrial property

The website content belongs to Ahora Energio SLU or is used under licence from its lawful owners. The Legal Notice describes the intellectual and industrial property rights in that content and its permitted uses.

9. Limitation of liability

Energio will exercise the professional diligence required to provide accurate comparisons and up-to-date information. Without prejudice to your rights under consumer protection rules, Energio will not be liable for the following, unless the damage is due to its wilful misconduct or negligence:

Accuracy of savings: the difference between estimated and actual savings. Comparisons are based on the data available when they are prepared, and actual savings may vary due to changes in your consumption, retailers’ price updates or regulatory changes.
Retailers’ actions: the retailer’s service quality, billing and contractual performance. Once the supply contract is concluded, the relationship is between you and the retailer.
Data from external sources: errors beyond Energio’s control in information obtained from external sources (Datadis, retailers’ APIs or other providers), provided Energio has exercised due diligence.
Website interruptions: temporary website interruptions due to maintenance, technical incidents not attributable to Energio or force majeure.
Information you provide: the consequences of inaccurate, incomplete or false data you provide.

Liability for website content and links to third-party websites is governed by the Legal Notice.

10. Data protection

The processing of your personal data is governed by the Privacy Policy, which details what data Energio collects, for what purposes and on what legal bases, how long it keeps the data and what rights you have.

The use of cookies and similar technologies is described in the Cookie Policy.

11. Changes

Energio may change these Terms of Use due to regulatory or technical changes or changes to its services. Changes will be published on the website with the update date and, if they are substantial and you have an ongoing request, Energio will notify you at least 15 days in advance through the contact channel you have provided. They will not apply to offers you have already accepted.

If you disagree, you can stop using the services at any time and at no cost. Changes affecting processing based on consent will require fresh consent where applicable.

12. Severability

If a clause of these Terms of Use is declared void or ineffective, in whole or in part, that invalidity or ineffectiveness will affect only that provision. The remaining clauses will remain in full force and effect.

13. Governing law and jurisdiction

These Terms of Use are governed by Spanish law. Disputes will be submitted to the courts with jurisdiction under the applicable rules. If you are a consumer within the meaning of Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (the consolidated Spanish consumer protection legislation), you may bring proceedings before the courts for the place where you live.

14. Contact and complaints

You can send your questions and complaints to Energio through:

Email: hola@energio.es
Telephone: +34 613 191 089
Postal address: Ronda del General Mitre, 126, 6th floor, 08021 Barcelona, Spain

Energio will respond as soon as possible and within one month at the latest.

Data protection contact: dpd@energio.es

If you are a consumer, you can also consult the dispute resolution options on the European Commission’s “Consumer redress in the EU” portal.