General Terms and Conditions

Welcome to Themo!

Themo is owned and operated by Smart Load Solutions OÜ.
These are the terms and conditions for:
•    Themo mobile application (Available on Google Play and App Store)
•    Themo web application 
•    Themo website (https://www.themo.io)

The following terms and conditions apply to your use of the Themo platform and the services available on the platform. This includes mobile versions, as well as any other version of Themo accessible via desktop, tablet, social media or other devices.

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refer to the Themo mobile application and the Themo website together, "we", "us", "our", and "Themo", refers to Smart Load Solutions, and "you", and "user", refers to you, the Themo user.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AND FUNCTIONALITIES AVAILABLE ON THE PLATFORM.  

1. ACCEPTANCE OF TERMS

By accessing and using the Themo platform, you agree to be fully bound by the terms and conditions set forth in this agreement. If you do not agree to any of the terms, you must refrain from using the platform or its services. We reserve the right to modify this agreement at any time. Any modifications will be effective upon posting on the platform. By continuing to use Themo following the posting of a modification, you expressly agree to be bound by the updated terms. For this reason, we recommend that you review this agreement periodically to stay informed of any changes.

By using the platform, you represent and warrant that you have full legal capacity, power and authority to enter into this agreement and to perform your obligations hereunder. You further confirm that you are not subject to any legal, contractual or other restriction that limits or prevents your ability to accept these terms and conditions. You warrant that you will use the platform in accordance with applicable laws and regulations and that your use will not infringe any third party rights or contravene any applicable regulations.

Your acceptance of this agreement constitutes a binding commitment by you and any entity you represent to adhere to the terms set forth herein and any additional policies posted on the platform. This commitment includes your obligation to ensure that all information provided during registration and use of the platform is truthful, accurate and up to date. Themo will not be liable for any breach of these terms by users, and any violation of these terms may result in the suspension or termination of your access to the platform.

2. NOTIFICATIONS AND NEWSLETTER

By providing your email address to Themo, you agree that we may use your email address to send you notifications about Themo. We may also use your email address to send you notifications and other messages, such as changes to platform features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving notifications and emails about updates, news or special content.

3. DESCRIPTION OF THE PLATFORM

Themo is a technological platform that provides innovative solutions for optimizing electricity consumption through smart devices and digital applications. The platform allows users to manage and monitor their energy consumption in real time, obtaining recommendations based on multiple factors, including electricity prices and weather forecasts.

Themo's services include the provision of devices designed to improve the efficient use of electricity, as well as access to a web application and a mobile application that facilitate remote control and the visualization of consumption data. Through these applications, users can connect their compatible devices, receive detailed analysis of their energy use and apply savings strategies through automated functionalities.

Themo's mobile applications are available on the Google Play Store and the App Store, allowing users to manage their energy consumption from any compatible mobile device.

Users can use the platform to obtain real-time information on the price of electricity, configure automated settings to optimize consumption and receive alerts on energy saving opportunities. In addition, Themo offers technical support and customer service through the contact channels available on the website and in the applications, with the aim of guaranteeing an efficient and uninterrupted user experience.

4. REGISTRATION AND USER ACCOUNT

To access and use Themo devices and platform, users must register and create a user account. The registration process requires the user to provide accurate, complete and up-to-date information, including, but not limited to, their name, email address and a secure password. The user is responsible for ensuring that the information provided is truthful and for keeping it up to date at all times.

Access to the user account is personal and non-transferable. The user is solely responsible for the confidentiality and security of their access credentials, including their password. Themo will not be responsible for unauthorized access, improper use or any consequence derived from the disclosure, loss or theft of the user's access credentials. In the event of suspected unauthorized access or any other vulnerability in the security of the account, the user must immediately notify Themo through the available contact channels.

Themo reserves the right to suspend or cancel any user account if it detects false, inaccurate or incomplete information, as well as any fraudulent, improper or contrary use to these Terms and Conditions. Likewise, Themo may restrict or block access to the platform if it detects activities that compromise the security of the system or that violate applicable legislation.

Users can manage their account from the web or mobile application, including modifying their personal data, configuring preferences and deleting the account if they wish. However, deleting the account does not exempt the user from complying with any pending obligations derived from the use of Themo's services, including payments, fees or other commitments acquired.

Registration and use of an account on Themo implies express acceptance of these Terms and Conditions, as well as the current Privacy Policy. Themo reserves the right to make modifications to the registration and access procedures to the platform, notifying users of any relevant changes in the operation of the system.

5. ELECTRICITY COST OPTIMIZATION

Themo's products and services are designed to help users optimize their electricity consumption costs by analyzing multiple factors, including, among others, electricity prices, weather forecasts and user energy consumption patterns. Through its smart devices and digital platform, Themo provides tools that allow users to monitor and adjust their electricity usage with the aim of improving efficiency and potentially reducing associated costs.

Themo's devices work in conjunction with mobile application to collect data in real time and generate automated recommendations for the optimization of electricity consumption. These recommendations are based on advanced algorithms that analyze the available information and establish energy usage strategies aligned with the user's interests. However, due to the variability in electricity prices, the accuracy of weather forecasts and other external factors beyond Themo's control, the algorithms used may not always achieve the lowest possible costs in each scenario.

Themo does not guarantee or ensure specific savings in the user's electricity consumption, nor does it undertake to achieve a certain level of energy efficiency. The results obtained through the platform may vary depending on multiple factors, such as the type of electrical installation, the individual consumption of each user, the availability of third-party data and the conditions of the energy market. The user acknowledges and accepts that Themo operates as a support tool for the management of energy consumption, without this implying any legal or contractual obligation to provide guaranteed savings.

Likewise, Themo is not responsible for possible discrepancies between the estimates generated by its platform and the actual cost of electricity invoiced by the user's energy providers. The optimization of energy consumption ultimately depends on the configuration made by the user and their interaction with the platform. Themo recommends that users periodically review their consumption, assess their energy needs, and adjust their settings based on changes in prices and weather conditions.

6. LIMITATION OF LIABILITY

Themo provides its products and services with the aim of optimizing users' electricity consumption through smart devices and digital applications. However, the user expressly acknowledges and accepts that the use of the platform, the devices and the functionalities offered by Themo is done under his/her sole responsibility and risk.

Themo does not guarantee that the platform, its services or devices will provide specific cost savings in electricity consumption. The optimization algorithms and tools used are based on external data, such as electricity prices and weather forecasts, which can change without prior notice and are beyond Themo's control. Consequently, Themo is not responsible for any variation in the user's electricity costs or for the accuracy of the forecasts provided.

Themo is not responsible for failures, interruptions or errors in the platform, or mobile application, or in the connectivity with the devices, which may affect the monitoring and management of the user's electricity consumption. Themo also does not guarantee that the services will function without interruptions, delays or errors, nor that they will be compatible with all the user's electrical systems, network infrastructures or devices.

Themo assumes no responsibility for any direct, indirect, incidental, consequential or punitive damages arising out of the use of or inability to use the platform, including, but not limited to, economic losses, interruptions in business activity, damage to electrical devices or systems, data stream failures, loss of information, or any other circumstances that may arise from the use of the services.

The user is solely responsible for ensuring that the installation and use of Themo devices complies with the electrical and safety regulations applicable in their jurisdiction. Themo shall not be liable for any damage, malfunction or danger that may arise from improper installation, incorrect configuration or poor maintenance of the devices by the user or third parties.

In no case shall Themo's total liability, arising from these Terms and Conditions or from the use of the platform and the devices, exceed the total amount actually paid by the user to Themo in the twelve (12) months prior to the event giving rise to the claim. If the user has not made any payment, the only possible solution will be to stop using Themo's products and services.

Themo shall not be liable for any breach or delay in the performance of its obligations due to force majeure, including, but not limited to, power outages, telecommunications network failures, natural disasters, pandemics, armed conflicts, regulatory changes or any other event beyond its reasonable control.

The user agrees to indemnify, defend and hold harmless Themo, its affiliates, directors, employees and providers against any claim, demand, damage or cost arising from the improper use of the platform, the breach of these Terms and Conditions, or the violation of any third party rights.

Continued use of Themo's platform and devices implies express acceptance of this limitation of liability clause, as well as the acknowledgment that Themo operates solely as a facilitator of technological tools for the optimization of electricity consumption without assuming additional obligations of performance, warranty or compensation.

7. LICENSE TO USE THE PLATFORM

Themo grants the user a personal, worldwide, royalty-free, non-transferable, non-sublicensable, non-exclusive, non-sublicensable license to download and use the Themo mobile application, available through the App Store and Google Play Services. This license includes access to modified versions, updates, upgrades, enhancements, extensions, add-ons and copies of the app, if available. The exclusive purpose of this license is to allow the user to access and use the functionalities offered by the platform in accordance with the terms and conditions set forth in this agreement.

The user agrees to use the platform diligently, lawfully and in full compliance with applicable regulations, refraining from any activity that is negligent, fraudulent, harmful or in any way compromises the integrity of Themo, its services or the experience of other users. Use of the platform for actions that may damage the reputation, interests or rights of Themo, its affiliates or third parties is strictly prohibited, including but not limited to:
•    Attempting to access unauthorized systems or reverse engineer the platform.
•    Employ automated techniques to interact with the platform in an unauthorized manner.
•    Engage in activities that may disrupt, overload or compromise the technical operation of the platform.

Themo reserves the right, at its sole discretion, to suspend or terminate the user's access to the platform immediately and without liability to the user, in the event that any breach of the stated conditions is detected. This cancellation may be carried out with or without prior notice, depending on the nature and severity of the breach. In addition, Themo reserves the right to take legal action if the improper use of the platform generates economic, technical or reputational damage to the company or third parties.
The user acknowledges that the license granted is revocable and that its continuity depends on full compliance with these conditions. Any unauthorized or prohibited use of the platform may result in the immediate termination of this license and the adoption of the necessary legal measures to protect the rights and interests of Themo.

8. COPYRIGHT

All materials on the platform, including, without limitation, names, logos, trademarks, images, text, animations, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Themo. 

9. PROHIBITED ACTIVITIES

The following activities are prohibited:
•    Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
•    Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
•    Deep-link to any part of our platform for any purpose without our express written permission.
•    "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written permission.
•    Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Themo.
•    Evade, disable or otherwise interfere with security-related features of the platform or features which prevent or restrict the use or copying of any content.

10. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Themo provides and maintains the platform on an “as is”, “as available” basis and does not promise that use of the platform will be uninterrupted or error free. We shall not be liable to the user or any third party if we are unable to provide our platform and services for any reason beyond our control.
Our platform may from time to time contain links to other platforms which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Themo for any loss or damage caused as a result.

Themo shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure.
These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Themo excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Themo and Themo shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
•    Any incorrect or inaccurate information on the platform.
•    The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product purchased through the platform.
•    Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
•    Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
•    Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Themo.
•    All representations, warranties, conditions and other terms which but for this notice would have effect.

11. INDEMNIFICATION

You agree to defend and indemnify Themo and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
•    Your breach of this agreement or the documents referenced herein.
•    Your violation of any law or the rights of a third party.
•    Your use of the platform.

12. CHANGES 

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. 

13. PERSONAL DATA

Any personal information you submit in connection with your use of the platform as a user will be used in accordance with our privacy policy. See our privacy policy.

14. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Themo, shall constitute the entire agreement between you and Themo concerning and governs your use of the platform.

15. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

16. FORCE MAJEURE

Themo shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

17. TERMINATION

Both the user and Themo acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.
In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Themo reserves the right to unilaterally terminate the user's access to and use of the platform. Themo may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Themo shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by Themo: If Themo fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Themo in writing of the breach and allow a reasonable time for Themo to remedy the situation. If Themo does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

18. DISPUTE RESOLUTION

Any dispute, claim or controversy that arises between a user and Themo in relation to these terms and conditions, the use of the platform or the services provided, will be resolved exclusively through alternative dispute resolution mechanisms, including mediation and arbitration, as detailed below.

Firstly, both parties agree to make every effort to resolve any dispute informally. This includes direct communication between the parties involved to identify and address concerns or disagreements quickly and efficiently. Users can contact Themo through the designated support channels to raise any dispute. The company undertakes to respond within a reasonable period of time, providing an opportunity to resolve the problem without resorting to formal proceedings.

If the parties fail to resolve the dispute informally within thirty (30) days of the initial notification of the dispute, the dispute shall be submitted to mediation. Mediation shall take place before a neutral mediator selected by mutual agreement of the parties. If the parties fail to agree on a mediator within an additional fifteen (15) days, a mediator will be appointed through a recognized mediation agency. The costs of the mediation will be shared equally between the parties, and the mediation will be conducted in English and at a mutually agreed location or, if both parties agree, through a virtual platform.

If the mediation does not result in a resolution satisfactory to both parties, the dispute shall be resolved by binding arbitration in accordance with the rules of the applicable commercial arbitration or similar internationally recognized body. The place of arbitration will be in the city of Tallinn, Estonia. The language of the arbitration shall be English.
The arbitrator shall have exclusive authority to resolve the dispute, including determining the applicability and validity of these dispute resolution terms. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Unless prohibited by applicable law, the parties agree to waive any right to take the dispute to court or to participate in a class action.

This dispute resolution clause does not prevent Themo from seeking injunctive or equitable relief in the event of infringement of intellectual property rights, misuse of the platform or any act that may cause irreparable damage, in which case it may go directly to a court of competent jurisdiction without exhausting alternative dispute resolution mechanisms.

By accepting these terms, users expressly waive any right to a jury trial and agree that all disputes will be resolved in accordance with the procedures set forth in this clause, with the aim of minimizing the costs and time associated with formal litigation. The parties shall bear their own costs associated with mediation and arbitration, unless otherwise agreed or specifically provided for by the arbitrator.

19. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of Estonia. All disputes arising in connection with these terms, including disputes concerning the existence and validity thereof, shall be finally settled by the Harju County Court in Tallinn. This applies unless binding arbitration is agreed in the relevant section.  

20. FINAL PROVISIONS

Your use of our platform and purchase of our products is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those relating to law enforcement and the use of our platform. Information provided or collected in connection with your use of the platform and purchase of our products will be subject to these requirements.

In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

21. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact information below:
Smart Load Solutions OÜ - Themo.
Email: info@themo.io