Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your") and Smart Climate B.V. ("SmartClima", "we", "us", "our"), a company registered in the Netherlands. By creating an account or using the SmartClima platform, you agree to these Terms. If you do not agree, do not use the service.

1. Description of the Service

SmartClima provides a platform for monitoring HVAC systems (heat pumps and air conditioning units). The service includes:

• A SmartClima connector that connects to your heat pump and transmits operational data
• Web and mobile applications for viewing real-time and historical sensor data
• Fault notifications and diagnostic information
• Role-based access so technicians and experts can assist with your HVAC system

The service is designed for informational and monitoring purposes. SmartClima does not control your HVAC system and is not a substitute for professional HVAC maintenance.

2. Account Registration

To use SmartClima, you must create an account with a valid email address and password. You are responsible for:

• Providing accurate and current account information
• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account

You must notify us immediately at info@smartclima.app if you suspect unauthorized access to your account.

3. User Roles and Access

SmartClima supports three access levels:

• User: Access to your own heat pumps with basic sensor data
• Technician: Access to assigned heat pumps with advanced sensor data (granted by heat pump owners or administrators)
• Expert: Full access to all heat pumps and sensors (granted by SmartClima administrators only)

You may grant technicians access to your heat pumps. You are responsible for managing who has access to your heat pump data.

4. Acceptable Use

You agree to use SmartClima only for its intended purpose. You shall not:

• Attempt to gain unauthorized access to other users' data or accounts
• Reverse-engineer, decompile, or disassemble any part of the service
• Use the service to violate any applicable law or regulation
• Interfere with or disrupt the service or its infrastructure
• Transmit malware, viruses, or other harmful code
• Use automated tools (bots, scrapers) to access the service without our written consent
• Resell or redistribute the service without our written consent

5. Heat Pump Sensor Data

Data Ownership

You retain ownership of the sensor data collected from your heat pumps. By using the service, you grant us a limited license to store, process, and display this data to provide the service to you and any users you have granted access.

Data Accuracy

Sensor data is provided as-is from your heat pump. SmartClima does not guarantee the accuracy, completeness, or reliability of sensor readings. Factors such as sensor calibration, hardware faults, or connectivity issues may affect data quality.

Not Professional Advice

Sensor data and any insights provided by SmartClima are for informational purposes only and do not constitute professional HVAC advice. Always consult a qualified HVAC technician for maintenance, repairs, or safety concerns.

6. Beta Service

SmartClima is currently offered as a beta service. During the beta period:

• The service is provided free of charge
• Features may change, be added, or be removed without prior notice
• Service availability is not guaranteed
• We may introduce paid plans in the future, with reasonable advance notice

7. Intellectual Property

The SmartClima platform, including its software, design, logos, and documentation, is the intellectual property of Smart Climate B.V. and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the service for its intended purpose. This license does not grant you any rights to our source code, trademarks, or other intellectual property beyond what is necessary to use the service. Open-source components used in SmartClima are subject to their respective licenses.

8. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The service may be temporarily unavailable due to scheduled maintenance, unplanned outages, or force majeure events. We are not liable for any loss or damage resulting from service interruptions.

9. Limitation of Liability

To the maximum extent permitted by law:

• SmartClima is provided "as is" and "as available" without warranties of any kind, express or implied
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any damage to your HVAC system, property, or any loss arising from reliance on sensor data or insights provided by the service
• Our total aggregate liability shall not exceed the amount you have paid us in the 12 months preceding the claim, or EUR 100, whichever is greater

Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under applicable law.

10. Indemnification

You agree to indemnify and hold harmless Smart Climate B.V. and its directors, employees, and agents from any claims, losses, or damages arising from your use of the service or violation of these Terms.

11. Privacy

Your use of SmartClima is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the service, you acknowledge that you have read and understood our Privacy Policy.

12. Termination

By You

You may stop using the service and delete your account at any time by contacting us at info@smartclima.app.

By Us

We may suspend or terminate your account if:

• You violate these Terms
• Your use poses a security risk to the service or other users
• We are required to do so by law

We will provide reasonable notice before termination, except where immediate action is required for security or legal reasons.

Effect of Termination

Upon termination, your access to the service will cease. We will delete your data in accordance with our Privacy Policy. The sections on Data Ownership, Limitation of Liability, Indemnification, and Governing Law survive termination.

13. Modifications to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the application at least 30 days before the changes take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Netherlands. Any disputes arising from these Terms or your use of the service shall be submitted to the competent courts in the Netherlands.

Before initiating legal proceedings, we encourage you to contact us at info@smartclima.app to resolve the matter informally.

These terms are available in several languages. If the translations differ, the Dutch version prevails.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

16. Contact

For questions about these Terms, contact us at info@smartclima.app.

Last updated: September 26, 2026