Terms of Use
These are the Terms of Use (“ToU”) of Smappee.
Table of content
1. Applicability and definitions
These ToU, including any updates from time to time apply to the use of the Platform and Platform Services of Smappee by an Authorised User. The Parties acknowledge the Authorised User, as an authorised user, who will be able to access and use the Platform and the Platform Services.
Smappee will grant access to the Authorised User, subject to checking the box “accept Terms of Use and accept Privacy Policy”, and upon accessing or using the Platform or the Platform Services, which is deemed to be the acceptance of the ToU. These ToU apply to whatever means you use to access the Platform Services. It is not possible to use the Platform or the Platform Services without agreeing to these ToU.
The following words and expressions shall have the following meaning:
“Account”: the account that will be created when accessing the Platform, inserting a unique email address and password by the Authorised User which allows the Authorised User to access the Platform and use the Platform Services.
“App or Application”: the Smappee mobile application, made for iPhone® and Android™-systems, and to be downloaded or installed from the App Store℠ and Google Play™ store.
“Authorised User”: a natural person or legal entity who is authorised to access and use, in any kind of way, all or part of the Platform and the Platform Services, and may or may not come into a contractual relation of any kind with Smappee.
“Buyer”: the buyer who has entered into an agreement with Smappee, related to the sale and purchase of Smappee Products and Services, as defined in the GTCS of Smappee, whereby Buyer can be the owner, operator, seller of the (smart) energy (management) products. As part of his contractual agreement or relationship, the Authorised User may be granted the right to access and use the Platform subject to the Authorised User complying with the obligations set out in these ToU.
“Dashboard”: the Smappee dashboard, made available via https://dashboard.smappee.net
“Documentation”: all technical documents, manuals, instructions, specifications and other documents and materials that are available to the Authorised User and which may change from time to time in any medium, describing the functionality, components, features or requirements of the Platform.
“Force Majeure” any act, event or circumstance which is beyond the reasonable control of Smappee, its affiliates or (sub)contractors to perform and not otherwise caused by its negligence or misconduct and which results in or causes the failure of it to perform any of its obligations hereunder, including act of God, strike, lockout or other industrial disturbance, war or threat of war, terrorist act, blockade, riot, epidemic, sabotage, act of vandalism, lightning, fire, storm, flood, earthquake, explosion, fault or failure of plant or machinery, including, for the avoidance of doubt, any significant computer software and/or hardware failure, a shortage of raw materials or transport resources, a fire, flood, mechanical defect, non-delivery by the supplier etc.
“GTCS”: the general terms and conditions of sales of Smappee, which can be found on the Smappee website at https://www.smappee.com/legal-documents/
“Parties”: Smappee and the Authorised User, and any other relevant party to this ToU.
“Platform”: the web-based services such as the Smappee Dashboard, the Smappee App, including the system, server software, etc. which can be found a.o. on status.smappee.net; https://dashboard.smappee.net/configurator/; https://play.google.com/store/apps/details?id=com.smappee.app&hl=nl&pli=1 ; https://apps.apple.com/us/app/smappee/id1333084968 which are used to provide the Platform Services and the computer hardware.
“Platform Services”: the online access and availability and use of the Platform.
“Privacy Policy”: the privacy policy, as updated from time to time, available at https://www.smappee.com/legal-documents/ or via the Platform.
“Smappee”: means one of the following, including where relevant its Affiliates: (i) Smappee NV, having its registered office at Evolis 104, B-8530 Harelbeke, registered with the Crossroads Bank for Enterprises under number BE0849.366.642, e-mail: info@smappee.com. For all Authorised Users except for those mentioned hereunder. (ii) Smappee Inc., having its registered office at 55 Madison Avenue, Suite 400 55, Madison Avenue, Suite 400, Morristown, New Jersey (US)07960, United States; listed under enterprise number VAT. EIN61-1750640, e-mail: info@smappee.com. For Authorised Users located in North Americas. (iii) Smappee PTY, having its registered office at 1/575 Darling Street, Rozelle, New South Wales 2039, Australia, and registered under number AU21627146874, e-mail: info@smappee.com. For Authorised Users located in APAC or Oceania. “Affiliates”: any affiliate of a Party, whether directly or indirectly controlled by a Party or under a Party’s common control.
The definitions written in plural include the singular and vice versa.
2. Information about Smappee and the Platform
General
2.1. Smappee is active in the sale and purchase of (smart) energy (management) products and services, such as the Platform Services. For more information on the products and services, check our website at www.smappee.com .
Authorised users and purposes of use
2.2 The Platform and Platform Services can be used by Authorised Users, which are:
(i) individuals or entities who own or operate a (smart) energy (management) product or who are end users of a (smart) energy (management) product, and this (a) for information purposes or (b) for charging purposes (to obtain information related to the location of (smart) energy (management) products, charging, pricing of charging sessions, to change or update the settings, view activities or charging transactions, request support, add charging passes, etc.); or
(ii) installers of (smart) energy (management) products, and this (a) for information purposes or (b) for configuring and installing a (smart) energy (management) product after physical installation.
The Authorised Users will only use the Platform and Platform Services for the purposes as mentioned above.
2.3. In case of charging purposes, the Authorised User will find all necessary information on the Platform, such as the pricing and the amounts payable for charging (which could also entail a fee to start the charging, a fee for parking a vehicle during charging, etc.), the methods of payment to be used for charging, including a possible onetime registration fee for the set-up of certain payment methods, etc.
Note that any information related to pricing or purchases has been inserted by the owner or operator of the (smart) energy (management) product and not by Smappee. Certain terms and conditions will apply on the methods of payment provided by payment providers, which terms and conditions will need to be accepted by the Authorised User for the use thereof. Note that Smappee cannot be held responsible nor liable for the above information or terms of such third parties.
2.4. Subject to compliance with the ToU, Smappee will not charge any costs to the Authorised User for the use of the Platform and the Platform Services. Some functions of the application itself (products and analyses of energy, push-messages, additional services and options) can be delivered for a fee, which will be communicated separately and whereby in case of a sales and purchase with Smappee of its Products and Services, the GTCS of Smappee will become applicable.
Representations of the Authorised Users
2.5. The owner and end user as Authorised User represent and warrant that (i) any location and owner data of (smart) energy (management) products entered in the Platform is true and accurate and (ii) by changing any values set by the installer in the Platform, it knows what the effects of those changes are and has enough knowledge to implement these changes. Smappee will not be liable for any adverse consequences due to the actions of the owner or end user.
The installer as Authorised User represents and warrants that (i) it has physically installed the (smart) energy (management) products in accordance with the law applicable in the country where the (smart) energy (management) products are to be installed and the applicable Documentation, including the installation manual of Smappee, before using the Platform for its purpose and (ii) it has obtained permission of the owner, operator or end user of the (smart) energy (management) products (a) to use the Platform for the (smart) energy (management) products and (b) to share location and other data of the (smart) energy (management) products and that this data is true and accurate and (iii) to keep confidential any and all (personal) data it receives in relation to the performance of its activities under the purposes mentioned herein.
3. Installation of the Platform
3.1. The mobile Application is owned and operated by Smappee and can be found in the App Store® of Apple® and the Google Play™ store of Google®. (Open the App Store®-Application on your iPhone® or Play Store™-application on your Android-appliance and search for ‘Smappee’, click ‘Install’ and enter your password. When your data is correct, the Application will install itself on your device. The Application can be downloaded for free. The delivery of the software always happens through the Apple® App Store® and Google Play™ store. An update or new release of the Application can be installed from the App Store® and Google Play™ store. It is strongly advised to read the ‘LICENSED APPLICATION END USER LICENSE AGREEMENT’ from Apple Inc. and the ‘LICENSING OVERVIEW’ from Google Inc.) Those provisions of the App store terms and conditions that impose obligations and/or liabilities on the Authorised User in relation to the Platform Services are hereby incorporated for the benefit of Smappee, and as such shall be enforceable by Smappee against the Authorised User. This implies that you will download and install our Application with any possible defaults in the code and without an individual right to support. The Authorised User acknowledges that the operator of the App store has rights under the App store terms and conditions which may affect the exercise of the Authorised User’s rights under these ToU. Smappee will not be in breach of these ToU as a result of, and will not be liable to the Authorised User in respect of any loss or damage arising out of, the operator’s exercise of its rights under the App Store terms and conditions.
The Dashboard is owned and operated by Smappee and can be found via the following link https://dashboard.smappee.net; https://play.google.com/store/apps/details?id=com.smappee.app&hl=nl and https://apps.apple.com/us/app/smappee/id1333084968
Smappee may perform certain additional services which include: API services, Authorised User onboarding services, etc. Smappee and the Authorised User will discuss and agree upon the terms and conditions of the provision of such services, which are subject to the GTCS of Smappee.
The web based services which are available on status.smappee.net are owned and operated by Smappee. Any installation instructions are specified hereon.
3.2. Smappee can always release new versions, updates or releases of the Platform Services, as it pleases. Some changes may be required to make technical alterations, to reflect changes in the law or other regulations or to improve the Platform or Platform Services. This could result in the Platform Services being temporarily unavailable in whole or in part. The Authorised User is not obliged to install new versions, but it is explicitly advised to do so. Smappee does not offer usability support for older versions of the Platform Services. These ToU apply to any new versions, new releases, updates and upgrades of the Platform Services.
4. Use of the Platform and the Account
4.1. With the acceptance of the ToU, Smappee grants the Authorised User a personal, limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform and the Platform Services, solely as far as reasonably necessary in relation to the purposes for each type of Authorised User as mentioned herein. The Authorised User may only use the Platform and the Platform Services for commercial or personal use. The right of use is limited to the normal execution of the Platform in accordance with these ToU.
4.2. The Authorised User shall follow the instructions of Smappee with respect to access and use of the Platform Services, including but not limited to the instructions described on the Platform itself and in these ToU. Any documentation, demo videos or explanation also falls under the right of use assigned to the Authorised User.
4.3. In order for the proper set- up and use of the Platform and Platform Services, the Authorised User will need to create an Account. Smappee recommends the Authorised User to choose a strong password for its Account. It is the Authorised User’s responsibility to keep such a password safe. The creation of an Account can be subject to certain age limitations which are legally mandatory or stipulated by any terms and conditions which apply hereon.
4.4. The Authorised User will also need to provide Smappee, acting for itself or as an installer acting on behalf of another Authorised User, with certain data when installing or using the Platform. Unless otherwise agreed, the Authorised User retains the exclusive ownership of all its data. The Authorised User will grant the Buyer, the installer on behalf of the Buyer and/or Smappee all such rights and permissions in or related to the data as is necessary for the proper set- up and use of the Platform and in order to comply with its obligations as agreed upon between Smappee and the Buyer. The Authorised User also grants to Smappee the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, as applicable, to the extent reasonably required for the performance of Smappee’s obligations and the exercise of Smappee’s rights under these ToU, subject always to any express restrictions elsewhere herein.
The installer as Authorised User may need to terminate the right of use as soon as the purpose of use has been terminated and must transfer any necessary information or right of use to the Authorised User as end user or owner of such Account. In case any support is needed afterwards, such right of use may become active again.
4.5. All data provided by the Authorised User on the Platform must be true and accurate and will not infringe any intellectual property rights or other legal rights or breach with any provisions of any law or regulation. If any of the data changes at a later date, it is the responsibility of the Authorised User to ensure that the Account is kept up-to-date. The Authorised User shall be responsible for the timeliness, accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use such data. The Authorised User shall not share the data of the Account with any third parties, unless specifically authorized or necessary for the proper installation or use. If the Authorised User becomes aware that a third party has access to this data or its Account, the Auhorised User must change its password. If the Authorised User believes its Account is being used without its permission, it must contact Smappee immediately. Smappee will however not be liable for any unauthorised use of the Account or data. Any personal information provided in the Account will be collected, used, and held in accordance with the rights and obligations under the General Data Protection Regulation (see article 9).
4.6. If the Authorised User wishes to close and delete its Account, it may do so at any time via the instructions mentioned on the Platform. Closing its Account will result in the removal of the information and data from the Platform.
4.7. In case of need of any support,the Buyer (or its installer) must be contacted in first instance, which contacts details can be found in the Smappee App or Dashboard. If no such support can be granted by such party, please contact Smappee at support@smappee.be, formulating the support needed and evidence of the first contact and the response thereto. Smappee will make all reasonable efforts to answer any questions as quickly as possible and resolve any technical problems. The Authorised User and Buyer of the (smart) energy (management) products hereby agree that, in order for Smappee to be able to handle or solve service requests, it will share all data with Smappee.
5. Limitations on the right of use
5.1. The Authorised User undertakes and warrants that it shall not:
- permit any third party to access the Platform, nor attempt to gain unauthorized access to the Platform, its related systems and networks or permit direct or indirect access to or use of the Platform in a way that circumvents the usage limit;
- copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute any part or content of the Platform and/or Documentation, in any form, including for the purpose of building a competitive platform or to copy any features, functions or graphics of the Platform;
- reverse compile or engineer, disassemble or otherwise reduce all or any part of the Platform;
- sell, rent, lease, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make use of the Platform except as expressly permitted;
- bypass or breach any security device or protection used for or contained in the Platform;
- engage in any activity which interferes with or disrupts the Platform;
- use the Platform to store, upload, download, post, email or transmit (i) infringing, libellous, or otherwise unlawful or tortious material, or material in violation of third party privacy rights; (ii) code, files, scripts or programs intended to do harm, including any form of malware, for example, viruses, worms, time bombs and Trojan horses designed to interrupt, deny, damage, destroy or limit the functionality of any software or hardware; (iii) material or content which (a) it may not transmit under any law or under contractual or other relationships (such as proprietary and confidential information) or intentionally or unintentionally does anything which may violate any applicable law or regulation; (b) infringes any patent, trade mark, trade secret, copyright, database right or other intellectual property rights of any person or entity; (c) consists of unsolicited or unauthorized advertising, promotional materials or any other form of solicitation; (d) harms, or attempts to harm minors in any way or stalks or harasses a person (e) does anything which may directly or indirectly interfere with or disrupt the Platform, Platform Services or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of any networks connected to the Platform; (f) collects, attempts to collect or stores personal data of other users of the Platform.
No third party nor the Authorised User is allowed to make changes to the Platform. Smappee cannot be held liable for damages arising from these adaptations.
5.2. The Authorised User shall:
- ensure that its hardware, software, network connectivity and systems comply with the relevant specifications set out herein and in the Documentation;
- be responsible for procuring and maintaining its network connections and telecommunication links from its systems to the Platform;
- implement the necessary precautions to prevent the introduction and proliferation of a virus into the Platform.
5.3. If the Authorised User becomes aware of any breach hereof, it shall promptly notify Smappee. Smappee reserves the right to investigate an Account or Authorised User if there is a justified suspicion of unlawful activities or activities in breach of these ToU.
5.4. Nothing in these ToU shall give to the Authorised User or any other person any right to access or use the source code or constitute any licence of the source code.
6. Provision of feedback
6.1. Smappee may solicit the Authorised User’s input regarding the Platform, including, without limitation, comments or suggestions regarding the usability, possible creation, modification, correction, improvement or enhancement of the Platform (“Feedback”).
6.2. To the extent that the Feedback does not contain any personal data of the Authorised User, the Authorised User grants Smappee a worldwide, non- exclusive, perpetual, irrevocable, royalty free fully-paid right to (a) make, use, copy, modify, and create derivative works of, the Feedback for the sole purpose of improving or modifying the Platform; and (b) sublicense to third parties the foregoing rights, including without limitation the right to sublicense to further third parties. It is understood however that Smappee shall never disclose the origin of the Feedback to any third party, and no attribution to Authorised User shall be given for any Feedback provided.
7. Intellectual Property Rights
7.1. All ownership rights, intellectual property rights and other proprietary rights relating to the Platform, Platform Services, Products (including any hardware and software) and Documentation, including any amendments or additions thereto, belong to Smappee or its (sub)licensors.
7.2. The use of the Platform Services or acceptance to the ToU does not entail an assignment of any intellectual property right to the Authorised User. Authorised User only acquires a limited right of use as described here above. All techniques and processes used or developed and incorporated into the Platform are property of Smappee and will not be made available to the Authorised User. The Authorised User will refrain from any infringement against these rights at any time. By installing and using our Platform and Platform Services the Authorised User acknowledges that it is sufficiently informed about the obligations and related legal information.
8. Confidentiality
8.1. Smappe and the Authorised User respectively may disclose confidential and/or proprietary information (the ‘Disclosing Party’) to the other Party (the ‘Receiving Party’) relating to the Disclosing Party’s business.
Such information includes, without limitation, information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, and/or which the Receiving Party knows or reasonably should know the Disclosing Party considers confidential or proprietary (hereinafter referred to as ‘Confidential Information).
Shall however not be regarded as confidential information: information which (a) was already in possession of the Receiving Party without restrictions as to use or disclosure, or (b) which was or is independently developed without the use of or access to any Confidential Information, (c) becomes a part of the public domain through no act or omission of the Receiving Party, (d) is lawfully received by the Receiving Party from a third party without restrictions as to use or disclosure.
8.2. Each Party hereby undertakes (a) to keep the Confidential Information secret and not disclose it, in whole or in part, to any person other than (i) with the prior written consent of the Disclosing Party or (ii) its employees, directors, subcontractors and consultants who have a direct need to know such Confidential Information for the sole purposes complying with its obligations under these ToU. The Receiving Party shall ensure that these persons are bound by confidentiality obligations which are not less stringent than those set out herein; (b) to use the Confidential Information solely in relation to comply with its obligations and to refrain from using such Confidential Information in any manner which could prejudice the Disclosing Party; and (c) to use the same degree of care and means that it utilizes to protect its own information of a similar nature, but in any event not less than reasonable care and means, to ensure the confidentiality of such Confidential Information and avoid a third party to use or have access to the Confidential Information.
8.3. If the Receiving Party is required to disclose Confidential Information by law or a competent court, the Receiving Party shall, to the extent allowed, use reasonable efforts to give advance notice of such compelled disclosure to the Disclosing Party, cooperate with the Disclosing Party in connection with any efforts to prevent or limit the scope of such disclosure and/or use of such Confidential Information, take reasonable precaution to disclose the minimum amount necessary and seek to protect the confidential of such disclosed information.
8.4. Notwithstanding anything else mentioned herein, Smappee shall have the right to collect and analyse data and other information relating to the use and performance of various aspects of the Platform and related systems and technologies, including but not limited to the data provided by the Authorised User. Smappee will be free to (i) use such information and data (during and after the term hereof) to improve and enhance the Platform and for other development, diagnostic and corrective purposes in connection with the Platform Services and other Smappee offerings, and (ii) disclose such data in aggregate (e.g. for instance for research publications, default rates and statistics, market statistics) provided that such data or information does not directly or indirectly identify the Authorised User’s Confidential Information or the data provided. For avoidance of doubt, Smappee shall under no circumstances be entitled to sell any data to any third party.
8.5. The confidentiality obligations defined herein shall continue to apply for a period of 3 years after the Authorised User’ last access to the Platform.
9. Processing of personal data
Smappee shall comply with the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”). Any personal data shall be processed in accordance with our Privacy Policy. Authorised User shall not use the Platform for the processing of personal data.
10. Security
10.1. Smappee will deploy security measures in accordance with the applicable industry and Smappee’s internal standards. Smappee shall use commercially reasonable efforts to have and continue to have adequate administrative, technical, and physical safeguards in place to ensure the security and confidentiality of data provided by the Authorised User. Smapee shall ensure to protect against anticipated threats or hazards to the integrity and the unauthorized access or use of such data.
10.2. Smappee shall ensure that at all times it has in place appropriate business continuity and disaster recovery procedures which mitigate the risk of interrupting the continuity of the Platform to an acceptable level.
10.3. In the event Smappee would get knowledge of a data breach (regardless whether the nature relates to personal data or not) or of an (potential) event which threatens the integrity of the data, Smappee will inform the Authorised User as soon as reasonably possible.
11. Warranty and liability
11.1. Smappee undertakes to perform the Platform Services in a professional manner, substantially in accordance with these ToU and with reasonable skill and care. Smappee and the Authorised User warrant toward each other, that it has the legal right and authority to enter into these ToU. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter hereof will be implied into these ToU by Smappee or any related contract.
Notwithstanding the foregoing, Smappee does not warrant that, given the current state of technique, the Authorised User’s use of the Platform will be uninterrupted or error- free or be free of harmful code. Smappee delivers the Platform to the Authorised User ‘AS IS’ and ‘AS AVAILABLE’. URL’s (links) or content arising from or displayed on the Platform of which third parties control such information or content, can never lead to breach of liability by Smappee. Smappee does not warrant that the Platform is or will be compatible with a device or browser used by Authorised User.
11.2. Smappee uses reasonable endeavours to keep the Platform available for Authorised User, but does not provide any warranty or guarantee whatsoever in relation to the Platform, including any implicit or legally determined warranties, such as warranties regarding the proper functioning, sufficient quality, suitability for a purpose, reliability, availability, accuracy, completeness, absence of infringement of (intellectual) property rights of third parties, absence of viruses, presence of sufficient support services, etc. In certain limited cases, however, Smappee may need to temporarily suspend availability to make certain changes. Certain circumstances, for instance Force Majeure situations or updates of the Platform, may result in the Platform being temporarily unavailable. Smappee cannot be held responsible or liable for the consequences of any interruptions of the Platform.
11.3. Smappee can temporarily restrict or block access to the Platform whenever it deems necessary. As far as reasonably possible, Smappee will inform the Authorised User regarding the limited or blocked access.
11.4. The Authorised User acknowledges that the use of the Platform is at Authorised User’s sole risk. To the extent permitted by applicable mandatory law, Smappee’s liability for any costs or damages, indemnifications or negative consequences, by virtue of or in connection with these ToU, the Platform, including in any case the use or unavailability thereof, and the processing of personal data, is entirely excluded.
Under no circumstances will Smappee be responsible or liable for (i) the direct or indirect consequences of the decisions made on the basis of the Platform Services nor the content on the Platform; (ii) damage, following directly or indirectly from the usage or installation of the Platform or Platform Services; (iii) any losses arising out of Force Majeure or resulting from external causes; (iv) any loss of profits or anticipated savings, loss of revenue or income, loss of business, contracts or opportunities, loss or corruption of any data, database or software, any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material; nor (v) any special, indirect or consequential loss or damage.
Nothing herein will (i) limit or exclude any liability for death or personal injury resulting from negligence; (ii) limit or exclude any liability for fraud or fraudulent misrepresentation; or (iii) limit any liabilities in any way that is not permitted under applicable law. If a party is a consumer, that party’s statutory rights will not be excluded or limited by these ToU, unless to the extent permitted by law. To the fullest extent permissible by law, Smappee accepts no liability to consumers or businesses for loss or damage that is not foreseeable.
The limitations and exclusions of liability govern all liabilities arising under these ToU or relating to the subject matter hereof.
11.5. The Authorised User will indemnify Smappee against all claims of third parties that relate to the data, materials or content uploaded to the Platform by the Authorised User and the use of the Platform by the Authorised User or a breach of these ToU by the Authorised User. The Authorised User will bear all costs of Smappee in relation to such a claim.
In case of a third-party claim, the Authorised User is obliged to provide Smappee immediately, correctly and completely with all information that Smappee requests in relation to the verification of the claim asserted and either – at the sole discretion of Smappee – provide Smappee immediate assistance with its legal defense or take over the claim from Smappee in its entirety. Smappee will determine in its sole discretion the defense and settlement and the Authorised User will fully cooperate herein.
11.6. Unless otherwise stipulated, the information provided via the Platform does not constitute an offer and can never be held against Smappee. Smappee tries to keep the information as up-to-date as possible. However, errors are always possible and can never lead to breach of liability by Smappee.
12. Term, suspension and termination
12.1. These ToU are effective from the time of the creation of an Account or the use of the Platform or Platform Services, and will remain in effect until terminated or superseded by a new agreement, or, if none of those events occur, for as long as you continue to use the Platform or Platform Services or until the Account is ended.
12.2. Smappee may terminate or suspend access and use of the Platform, the Platform Services or other services, or the Account immediately and without notice: (i) upon violation by the Authorised User of any provision of these ToU; (ii) if Smappee changes these ToU and the Authorised User does not wish to agree to these changed ToU; (iii) the Buyer, the Authorised User or Smappee ceases or threatens to cease its business, is declared bankrupt, has filed for bankruptcy, requested legal reorganization, has been declared insolvent, or has applied to be placed in liquidation; or (iv) if the owner of the (smart) energy (management) products and Smappee have an underlying agreement and such agreement is or will be terminated or violated. Smappee may terminate the right of use at any time without reason upon 14-calendar days’ notice.
In case of termination or suspension, this may be done without notice and without any form of compensation of Smappee will be due, however Smappee reserves the right to claim compensation for damages suffered or costs incurred. Where possible, Smappee shall inform the Authorised User of such termination or suspension.
In the event that Smappee chooses to no longer provide the Platform or Platform Services, or to grant a third party the right to provide the Platform or Platform Services, Smappee will provide a notice.
12.3. Expiration or termination shall not prejudice those parts of these ToU, which by their nature must be deemed to survive any expiration or termination. The data on the Account will be permanently deleted upon expiration or termination of the Account.
13. Changes
Smappee may make changes to these ToU from time to time. When changes are made, Smappee will make a new version of the ToU via the Platform. The Authorised User understands and agrees that if it uses the Platform after the date on which the ToU have changed, such (continued) use will imply acceptance of such ToU by the Authorised User.
14. Varia
14.1. In case of Force Majeure, Smappee is entitled to, either suspend its obligations for the duration of the period this situation exists, or to definitively dissolve the Platform Services, without this resulting in any right to damages for the Authorised User.
14.2. In the event that any provision of these ToU is found to be unenforceable, this does not affect the applicability of other provisions as a whole. The unenforceable provisions shall be changed and mitigated by the courts so that they are in accordance with statutory provisions.
14.3. The failure of, or any delay in, exercising any right or remedy under these ToU on the part of Smappee shall not operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or future exercise thereof or the exercise of any other remedy granted hereby or by any related document or by law.
14.4. Any notice given must be in writing and delivered by email, unless otherwise expressly stated. All notices will be deemed to have been delivered the second business day after sending by email.
14.5. Smappee may feature advertising within the Platform and reserves the right to display advertising. Smappee is not responsible for the content of any advertising, unless the content of the advertising is related to Smappee itself.
14.6. Any dispute concerning these ToU and the use of the Platform shall be governed by and construed in accordance with the laws of Belgium. All disputes arising out of or in connection with the use of the Platform and these ToU shall be settled by the Court of Kortrijk. Where required under applicable law, if you are a consumer, any disputes concerning these ToU, shall be subject to the jurisdiction as determined by your residency.
14.7. The English version of the ToU prevails over any local language version in case of discrepancy. Please check our website for other languages or additional information and documentation at https://www.smappee.com/legal-documents/
14.8. If you are a consumer, you may have certain additional legal rights as mentioned herein, depending on the applicable legislation. For more details, please contact your local authorities on consumer rights.
To contact us, please email us at info@smappee.com or by using any of the methods provided on our contact page.
Date: version October 2023