General Terms of the Smart Power Service

1.1 These terms apply to the Smart Power service (the “Service”) of eWatt Smart Power Systems Oy (the “Service Provider”). The Service is intended only for companies, organisations and public bodies.

1.2 The content, packages and prices of the Service are described in the Service Provider’s online shop. The agreement consists of these terms, the order and the order confirmation. In the event of a conflict, the order confirmation prevails, followed by these terms.

1.3 The agreement is formed when the Customer accepts these terms when placing the order and the Service Provider confirms the order. The person placing the order warrants that they are authorised to represent the Customer.

2.1 The Service measures the electricity consumption of a property with an eWatt reader through the HAN port of the electricity meter and produces analyses, alerts and reports in the application.

2.2 The Customer is responsible for connecting the reader according to the instructions and for having the HAN port activated by the network company. The Service Provider may submit the activation request on the Customer’s behalf when authorised by the Customer.

2.3 The reader is the property of the Service Provider and must be returned within 30 days of the end of the agreement.

2.4 The Service Provider aims to provide the Service without disruption but does not guarantee uninterrupted availability.

3.1 The measurement data collected from the property belongs to the Customer. On request, the Customer will receive the collected raw data in a machine-readable format.

3.2 The Service Provider has the right to process the measurement data to provide the Service for the term of the agreement.

3.3 The Service Provider has the right to use anonymised data, from which neither the Customer nor the property can be identified, to develop its services and algorithms, for statistics and for research cooperation (e.g. universities). This right continues after the agreement ends.

3.4 The measurement data is deleted or anonymised within 90 days of the end of the agreement, unless mandatory legislation requires otherwise.

3.5 The Customer may not disclose the Service’s software, analyses or reports to a competitor of the Service Provider for the purpose of developing a competing service. This restriction does not prevent the Customer from using its own measurement data in its own operations or from disclosing it to, for example, its energy consultant.

4.1 The Service Provider processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and Finnish legislation.

4.2 To manage user accounts, the customer relationship and invoicing, the Service Provider processes, as controller, users’ names, email addresses and the necessary contact and billing details. This processing is described in more detail in the privacy policy.

4.3 To the extent that a natural person can be identified from the measurement data, the Service Provider processes such data on behalf of the Customer as a processor in accordance with Annex 1.

4.4 Personal data is not transferred outside the EU or EEA without a transfer mechanism under the GDPR and without informing the Customer.

4.5 The Service Provider uses subcontractors (e.g. data centre, cloud and delivery services) to the extent necessary to provide the Service.

5.1 The Service Provider protects the data with appropriate technical and organisational measures: data transfers are encrypted and the data is stored in services located in the EU/EEA.

5.2 The reader only reads data from the electricity meter. It does not and cannot control the property’s electrical systems.

5.3 Each party is responsible for the security of its own network environment. The Service Provider has the right to take measures to prevent security breaches; the measures are proportionate to the severity of the disruption.

5.4 The Customer is responsible for keeping its user credentials safe and must report any suspected misuse without delay.

6.1 Fees are determined by the price list in force at the time of the order and by the order confirmation. Prices exclude value added tax.

6.2 The device fee and any opening fee are invoiced in connection with the order. The service fee is invoiced in advance in the periods set out in the order confirmation; the first period begins when the device has been connected / delivered.

6.3 The payment term is 14 days net. Late payments bear penalty interest under the Finnish Interest Act. The Service Provider may suspend the Service if a payment is more than 30 days late, after first notifying the Customer.

6.4 Changes to the price list are announced in advance. They take effect at the start of the next contract period.

7.1 The agreement is in force for the period set out in the order confirmation (e.g. 12 months) and is then automatically renewed for periods of the same length, unless either party terminates it no later than 30 days before the end of the period.

7.2 The Service Provider may terminate the agreement with immediate effect if the Customer materially breaches these terms and does not remedy the breach within a reasonable time of being notified.

7.3 When the agreement ends, section 3.4 and Annex 1 apply to the processing of the data.

8.1 The Service Provider is not liable for indirect or consequential damages. The analyses and recommendations of the Service are advisory; the Customer decides on any measures and is responsible for carrying them out.

8.2 The Service Provider’s total liability is limited to the fees paid by the Customer under the agreement during the preceding 12 months. The Service Provider holds valid liability insurance with a maximum indemnity of EUR 1,000,000.

8.3 The limitations of liability do not apply to damage caused intentionally or through gross negligence.

9.1 The Service Provider may change these terms. The Customer will be notified of material changes by email or in the application at least 30 days before they take effect. If the Customer does not accept a material change, the Customer has the right to terminate the agreement with effect from the date the change takes effect.

10.1 The agreement is governed by the laws of Finland, excluding its conflict of laws provisions.

10.2 Disputes are resolved by arbitration under the rules of the Finland Chamber of Commerce when the amount in dispute exceeds EUR 50,000; otherwise in the district court. The parties will first seek to resolve any disagreement through negotiation.

10.3 The Service Provider may use the Customer’s name and logo as a reference.

10.4 The Service Provider is a small enterprise within the meaning of Article 7 of the Data Act (EU) 2023/2854, to which the data sharing obligations of the Regulation do not apply.

10.5 The Service Provider’s AI-assisted service production meets the requirements of the EU Artificial Intelligence Act (EU) 2024/1689; it is not a high-risk AI system within the meaning of the Regulation.

Annex 1 is a separate document: Data processing agreement (DPA).