TERMS & CONDITIONS – YOUR SMART ENERGY B.V.

Last updated: October 2026

YOUR SMART ENERGY B.V. (trading under the international brand name YOURSMART.ENERGY), registered at Victoriameer 5, 3825 VR Amersfoort, The Netherlands, registered in the Commercial Register of the Dutch Chamber of Commerce (Kamer van Koophandel) under number 42030659 (as part of The Great Company B.V.), hereinafter referred to as "YOUR SMART ENERGY".

Section 1. Definitions
1.1. Ecosystem: The complete hardware and software network provided by YOUR SMART ENERGY, consisting of Core Products (Ecosystem Controller, Smart Energy App, Wall/Desktop Tablet) and any optional modular Extensions (Home Battery, Solar Panels, Smart Charging Station, Intelligent Plugs).
1.2. Hardware-as-a-Service (HaaS): The subscription model whereby the physical hardware of the Ecosystem is made available to the client, including the associated autonomous control software and maintenance services.
1.3. Client: The natural or legal person entering into an agreement with YOUR SMART ENERGY.

Section 2. Applicability and Duration
2.1. These general terms and conditions apply to all offers, quotations, agreements, and deliveries by YOUR SMART ENERGY.
2.2. The HaaS agreement is entered into for a minimum and non-cancellable term of twelve (12) months.
2.3. Upon expiration of the minimum 12-month term, the agreement automatically renews for an indefinite period. From that moment on, the agreement may be terminated by either party at any time subject to a statutory notice period of one (1) full calendar month. Termination must be submitted in writing or through the secure client portal.

Section 3. Payment, Invoicing, and Automated Direct Debit (bunq Infrastructure)
3.1. All subscription fees due for the HaaS model are invoiced monthly in advance via our financial backend (SnelStart) and collected exclusively via automated SEPA Direct Debit through our banking relationship (bunq).
3.2. To activate the agreement and the automated direct debit, the client is required to complete a one-time digital mandate verification payment of €0.01 via the bunq iDEAL environment integrated into the website. Without this successful verification, the subscription will not take effect.
3.3. Any one-time down payments or security deposits (such as for the delivery of a Home Battery or Solar Panels) must be paid in advance via the iDEAL payment link generated by SnelStart before the hardware is physically delivered and installed.
3.4. In the event of a failed direct debit or payment arrears, access to the advanced Cloud features of the app will be temporarily restricted. The local safety functions of the controller will remain active at all times to prevent grid overloading.

Section 4. Autonomous Fleet Management and Mandatory Updates (NIS2 Compliance)
4.1. Part of the HaaS subscription is the continuous digital and infrastructural unburdening of the client. Under the European NIS2 cyber security legislation, YOUR SMART ENERGY is entitled and obliged to autonomously, remotely, and without prior notice, push software and firmware updates to the physical Ecosystem Controller in the meter cupboard.
4.2. These automatic updates via our fleet management system serve exclusively to maintain cyber security, optimize control algorithms (such as adapting to the grid structures as of 2027 without net metering laws), and preserve grid stability.
4.3. The client commits to keeping the physical controller continuously connected to a working internet connection. Intentional blocking of updates constitutes a breach of the agreement and releases YOUR SMART ENERGY from any form of performance and liability claims.

Section 5. Data Analysis and Proactive Energy Optimization (GDPR & ACM)
5.1. By entering into the agreement, the client gives explicit consent for the continuous, automated analysis of telemetric energy data (consumption, generation, and storage) by the algorithms in the YOUR SMART ENERGY CLOUD. This processing is strictly necessary for the correct execution of the energy efficiency service.
5.2. Based on these data analyses, YOUR SMART ENERGY has the right to proactively advise the client via push notifications, email, or the client portal regarding energy efficiency, tariff arbitrage, and the prevention of grid penalties. This may also lead to targeted proposals for modularly expanding the Ecosystem with additional components (such as intelligent plugs or extra battery capacity).
5.3. Access to historical and live data by human support staff for the purpose of complaint handling or advice is exclusively permitted after successful identity verification over the phone (for example, via the unique, temporary Support Code from the app or manual verification of the bunq IBAN and hardware serial number).

Section 6. Hardware Ownership and Security Deposit
6.1. All hardware supplied under the HaaS agreement remains at all times the full, unalienable property of YOUR SMART ENERGY B.V. The client is not permitted to sell, pledge, or relocate the hardware without prior written consent.
6.2. The security deposit paid at commencement will be reserved by YOUR SMART ENERGY. Upon regular termination of the agreement and the return of the complete hardware infrastructure in undamaged, working condition, the deposit will be fully refunded to the client's verified bunq IBAN within thirty (30) days.

Section 7. Limitation of Liability
7.1. The calculations and ROI forecasts in our online calculator are purely indicative and based on historical market factors and market defaults. No hard rights or financial guarantees can be derived from them.
7.2. YOUR SMART ENERGY is never liable for indirect damage, lost profits, missed energy savings, or damage to third parties caused by temporary server downtime, grid failures, or brief interruptions during the pushing of necessary firmware updates.