Terms of Service

1.1 These terms and conditions apply to the Smart Power Seuranta service (hereinafter the "Service") provided by eWatt Smart Power Systems Oy (3321142-9) (hereinafter the "Service Provider"). The purpose of the Service is to monitor and optimise the electricity consumption of a property using artificial intelligence.

1.2 Use of the Service requires acceptance of these terms and conditions. By using the Service, you undertake to comply with these terms.

1.3 The Customer is responsible for ensuring that the Service is suitable for the Customer's intended use. Any order placed by the Customer is binding.

2.1 The Service provides accurate information on the property's electricity consumption and phase-specific data on voltage, power and current. Use of the Service requires the connection of an eWatt reader device, and the Customer is responsible for ensuring it is connected to the electricity meter.

2.2 The Service Provider analyses the electricity data collected from the property and uses it to provide suggestions for reducing and optimising electricity consumption. Depending on the property, the analysis process takes approximately 2–4 weeks, during which the Customer is asked for information about the equipment on the premises and their operating hours.

2.3 The Service includes various consumption reports that may contain information about the entire property, equipment groups or individual devices. A report template can be created for the Customer and delivered automatically at agreed intervals.

2.4 Using artificial intelligence, the Service Provider continuously monitors the property's electricity consumption, taking into account, among other things, seasonal variation and any solar panels and battery solutions, and seeks to identify savings measures.

3.1 The Service collects data on the property's electricity consumption with the eWatt reader device via the HAN port of the electricity meter. The reader device is the property of the Service Provider, and the Customer is obliged to return the device undamaged within 30 days of the termination of the agreement at the latest.

3.2 The Service Provider has the right to use the collected data for research, for developing its services — including developing artificial intelligence and its algorithms — and for statistical purposes. The data is anonymised before use so that an individual Customer cannot be identified. Anonymised data may also be used together with trusted third parties (e.g. universities) for statistical and research purposes.

3.3 To provide the Service, data is collected from the electricity meter reader connected to the Service (measurement data and consumption information). The Service Provider may use the collected data in anonymised form to develop the Service also after the end of the contract period or customer relationship.

3.4 The Customer undertakes not to disclose the data to third parties or to develop a competing product. In particular, the Customer is strictly prohibited from selling, renting, lending the data or software, or otherwise making it available to third parties — especially competitors of the Service Provider — in any way (for example electronically or via online services), whether for a fee or free of charge, whether for profit or not, and/or from taking part in such activities.

4.1 The Customer is responsible for ensuring that the equipment required to use the Service is correctly installed and is compatible with the property's electricity meter. Failure to install the device does not release the Customer from the obligation to pay. The Customer undertakes to follow the installation and operating instructions provided by the Service Provider. During deployment, the Customer shall promptly notify the Service Provider if the Service does not work as intended.

4.2 The Customer is responsible for ensuring that the eWatt reader device is correctly connected and is not disconnected from the electricity meter without notifying the Service Provider. The Customer is responsible for the eWatt reader device while it is in the Customer's use during the contract period and undertakes to store the eWatt device carefully and without damaging it. If the Customer fails to return the eWatt reader device to the Service Provider within the deadline or returns the device damaged so that it is no longer usable, the Customer shall compensate the Service Provider for the value of the device, 450 euros (VAT 0%).

4.3 The Customer is responsible for ensuring that its users store the credentials and passwords required to use the Service carefully and do not disclose them to third parties. The Customer is responsible for use carried out with its credentials. The Customer undertakes to notify the supplier without delay if credentials or passwords are disclosed to a third party or if there is suspicion of misuse of credentials or passwords.

4.4 The Customer is responsible for the opening of the HAN port. Opening only requires a notification to the local electricity network company, which can be made by phone or email.

5.1 The Service Provider aims to provide the Service as uninterrupted as possible but is not liable for any service breaks or disruptions.

5.2 The Service Provider is not liable for any indirect or consequential damages resulting from the use of the Service or from the inability to use it.

5.3 The Service Provider's total liability for damages to the Customer is limited to the calculated 12-month price of the contract.

6.1 The order includes the necessary reader devices, delivery costs as well as deployment of the Service and identification of the equipment. The set-up fee is invoiced after the Service has been taken into use.

6.2 Monthly fees are billed in advance in 12-month periods. The first instalment is invoiced after the Service has been taken into use.

6.3 The Service Provider has the right to change the price list. The Service Provider will inform Customers about any price changes in advance. Price changes take effect when the contract is renewed.

7.1 The agreement is in force for 12 months at a time, in accordance with the contract type, and is renewed automatically.

7.2 The Customer may terminate the agreement by written notice so that it expires at the end of the current 12-month contract period. Notice of termination must be given no later than 30 days before the end of the contract period.

7.3 The Service Provider has the right to terminate the agreement immediately and to suspend performance of its obligations under the agreement if the Customer materially breaches these terms and conditions. A material breach includes, among other things, a delay in the Customer's payment of more than 30 days. The Service Provider will notify the Customer of the breach before suspending provision of the Service.

8.1 In order to create user accounts, we collect users' names and email addresses in the Service's database. Information required for delivery and invoicing (e.g. phone number) is collected in the billing and customer database. We do not collect other personal data in the Service's database.

8.2 The Service Provider and the Customer are each responsible for the lawfulness of personal data processing on their own part. In all its activities, the Service Provider complies with the requirements of the EU General Data Protection Regulation (GDPR) and Finnish legislation in force. Data is not disclosed outside the EU or EEA, nor to other regular parties. Data may be published to the extent agreed with the Customer. Data is not disclosed outside the EEA without the express consent of the controller. We disclose data to our subcontractors to the extent necessary to deliver the Service. Such data includes, for example, information required for shipping the devices and for their installation (if the service involves devices installed by an electrician).

8.3 The Service Provider and the Customer are each responsible for the information security of their own communications networks. Neither party is responsible for the information security of the public internet or for any disruptions occurring there, nor for any other factors beyond their own control that affect the use of the software service or for any damages resulting from them.

8.4 The Service Provider has the right to take measures to prevent information security breaches and to remove disruptions to information security. The Service Provider will scale the measures according to the severity of the disruption being prevented and will discontinue them once there are no longer grounds for them.

9.1 The Service Provider has the right to amend these terms and conditions. Changes will be communicated to the Customer in advance and will take effect on the date announced.

9.2 The Service Provider has the right to use the Customer's name and logo in its own marketing.

9.3 The agreement is governed by Finnish law, excluding its conflict of laws provisions.

9.4 For the sake of clarity, it is stated that the Service Provider is a small enterprise within the meaning of the "Data Act" (REGULATION (EU) 2023/2854 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828) and is not subject to the data sharing obligations of the Data Act on the basis of Article 7 of the Regulation.

9.5 When using artificial intelligence in providing the Service, the Service Provider meets the requirements of the EU AI Act (REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act)), and the Service is not a high-risk AI system as defined in the Regulation.

9.6 Any disputes will primarily be settled through negotiations. If no settlement is reached, disputes will be resolved by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration is Jyväskylä and the language is Finnish.