General Terms and Conditions

1. Introduction

These terms of service (“Terms”) govern the relationship between Smart Load Solutions OÜ (referred to as the “Supplier”) and the user (referred to as the “Customer”) regarding the Supplier’s electricity consumption optimization products and related services (“Products and Services”). By signing up for our mobile app, the Customer agrees to these Terms, forming a legally binding agreement between the Customer and the Supplier.

Definitions:

“Supplier” refers to Smart Load Solutions OÜ, the provider of the Products and Services.

“Customer” refers to the user of the Supplier’s Products and Services.

2. Subject Matter of the Contract

The subject matter of the contract is the purchase or use of software applications and devices of the Supplier for smart control of heating. Applications of the Supplier - hereinafter referred to as "apps" - include both web-based applications and mobile applications.

The mobile apps are made available through the various stores for mobile applications (iOS App Store, Android Play Store). The web applications are available on the website of the Supplier.

The Supplier provides devices designed to optimize electricity consumption. These devices are sold through our online website and authorized retailers. Once purchased, these devices can be used in conjunction with our mobile and web applications, which allows the Customer to monitor and manage electricity usage efficiently.

Through the mobile app, the Customer can connect their device, view electricity consumption data, and receive optimization suggestions based on factors such as day-ahead electricity prices and weather forecasts. The app is designed to enhance the functionality of the devices, helping Customers potentially reduce electricity costs.

The Supplier's server infrastructure is the central link between the applications and the devices. The Supplier shall inform the Customers of any necessary maintenance work in a timely manner.

3. Customer Account

The Customer must register an Account to use the Supplier’s Products and Services.

The Customer is responsible for maintaining the confidentiality of their Account login information and for all activities that occur under their Account.

The handling of personal data is governed by a separate Privacy Policy.

4. Electricity Cost Optimization

The Supplier’s Products and Services include devices designed to help optimize electricity consumption costs by analyzing factors such as electricity prices and weather forecasts.

The algorithms used in generating the optimization schedule may not always achieve the lowest costs. The Supplier is not legally obligated to deliver specific cost savings.

5. Intellectual Property

All rights, including copyrights to the Supplier’s website and Products and Services, belong to the Supplier. The Customer may only use the Supplier’s content for personal purposes unless given express written consent.

6. Limitation of Liability

The Supplier is not liable for any loss of profit or damages exceeding EUR 1,000 arising from the Products and Services.

The Supplier excludes liability for activities of its licensors and suppliers, the Customer’s failure to ensure device safety, incorrect connection of the device, and third-party intrusions into the Supplier’s Products and Services.

7. Representations and Warranties

The Customer’s use of the Supplier’s Products and Services is at their own risk. The Supplier provides the Products and Services “as is,” without warranties of fitness for a particular purpose or non-infringement.

The Customer warrants that they are of legal age, that their registration information is truthful, and that their use of the Products and Services complies with all applicable laws.

8. Vulnerability Disclosure Policy

Report vulnerabilities via the support portal at support.themo.io or via email at support@themo.io.

Response Timelines: The Supplier will acknowledge receipt of any reported vulnerabilities within 48 hours and provide regular status updates every 30 days until resolution.

9. Third Party Services

The Supplier’s Products and Services use third-party service providers to enable their functionality. The Supplier is not responsible for damages or losses resulting from the operation of these third-party products and services.

11. Personal Data

The Supplier performs processing of the Customer’s personal data in accordance with the Regulation (EU) 2016/679 (GDPR). Collected data is stored in Ireland/EU and may be transferred to third parties providing services to the Supplier within the EU.

12. Applicable Law and Jurisdiction

These Terms are governed by Estonian law. All disputes arising in connection with the Terms, including disputes concerning the existence and validity thereof, shall be finally settled by Harju County Court in Tallinn.

13. Miscellaneous

Changes to the Terms: The Supplier may unilaterally modify the Terms. In case of material changes to the Terms, the Supplier will inform the Customer via e-mail. The latest version of the Terms is always accessible via the Supplier’s website.

Severability: If these Terms are or become partially void, the parties will continue to be bound by the remainder of the Terms. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of the void part as much as possible, taking into account the content and the purport of these Terms.

14. Legal Information and Complaint Policy

Smart Load Solutions OÜ

Registry code: 12764599

Legal address: Hirve tee 8-1, Uuesalu küla, Estonia, 75331

E-mail: info@themo.io

VAT number: EE101769839

If the Customer is dissatisfied with the Supplier’s Products and Services or has any questions, they should contact the Supplier using the contact details provided above.