Version V2.0 11.2024

Welcome to EVIO! These terms and conditions of use for EVIO srvices and devices (hereinafter "Terms") govern your use of all EVIO services, including EVIO Smartbox, EVIO Industrial Smartbox, EVIO Gateway, converters, EVIO websites and web applications, and EVIO services (Hereinafter "EVIO System"). By using the EVIO System, you agree to these Terms.

The services are provided by EVIO – Electrical Mobility, Lda, a company established under the laws of the Portugal, headquartered at Avenida Dom Afonso Henriques, 1825, 4450-017 Matosinhos, registered at the Porto Commercial Registry Office under number 515681890, with the same legal entity number (hereinafter "EVIO ").

1. Acceptance of Terms

By using EVIO System or registering for the EVIO services, you agree to these Terms and commit to following them. If you do not agree with these Terms, you cannot use EVIO System.

2. Definitions and Terms

User: Any individual or legal entity using the service and/or website.
Smartbox: A communication and control device to which other devices such as solar inverters, energy storage units, heat pumps, heating and cooling systems, electric vehicle charging stations, and electricity meters connect.
Gateway: a communication device that converts a serial RS485 signal to internet TCP/IP or measures an approximation of electricity consumption.
Converter: A device that converts an electrical signal from one form to another.
Device: One or more devices that are part of the service.
Personal Data: All data relating to an identified person, as defined by law.
Service: Energy management service, including support systems (described in detail below).
Registration: The initial entry of required User data into EVIO System to use EVIO services.

3. Description of the Service

EVIO System is an energy management system that connects solar plants, energy storage systems, heat pumps, and electric vehicle charging stations, providing control over electricity production and consumption. With EVIO System, you optimize energy usage, increase self-sufficiency, and reduce electricity costs.

EVIO System Components:

EVIO Smartbox, EVIO Industrial Smartbox: Manages energy consumption and adjusts grid consumption using advanced algorithms
EVIO Gateway: Enables the connection of additional devices and remote control via relay output contacts and, in the case of using current-measuring sensors, measures the approximation of electricity consumption.
EVIO Converters: Enable wireless or wired conversion of electrical signals, primarily used for capturing consumption data from electricity meters.
EVIO Apps: Web applications that facilitate service implementation and secure data storage in compliance with GDPR.
EVIO Service: A complete software service for optimizing electricity production and usage.

4. Registration and Access to the System

To use EVIO System, you need to register an account. Users are responsible for keeping their login information confidential and must not allow unauthorized access to their accounts. Amibit is not liable for unauthorized use of the account. In case of suspected misuse, EVIO must be notified immediately.

The User guarantees that all provided information is accurate, complete, and valid. By registering, the User confirms their legal capacity to use the service and their familiarity with these Terms.

The User undertakes to protect his account from unauthorized access and not to share it with others. The User is responsible for any actions taken through their account. EVIO is not liable for any damages resulting from unauthorized use or abuse of the account.

EVIO will send all notifications to the e-mail address provided during registration, optionally also via a mobile application.

5. Data Collection and Privacy

As the service provider, EVIO uses advanced technologies for secure data storage and protection in compliance with GDPR. By using the EVIO System, you consent to the collection and processing of your data, such as consumption and production data, for optimization and analysis purposes.

Data processing purposes include:

remote access to measurement data of connected devices,
storage of measurement data for visualization, optimization, and energy consumption and production adjustments,
controller location to automatically select the region and determine day-ahead electricity prices.
optimization of energy consumption,
adjustments to electricity consumption based on market prices for the day ahead or other requests,
analysis of consumption patterns to reduce costs.

EVIO does not forward the collected data to third parties, unless this is necessary for the performance of services.

The User has the right to request the deletion of his personal data processed by EVIO in accordance with the General Data Protection Regulation (GDPR). To exercise this right, the User must send a request to the official Amibit support contact. EVIO will delete all necessary data in accordance with legal regulations, except for those that it must keep due to legal obligations or justified business needs.

6. User Responsibilities

EVIO System Users commit to:

use the EVIO System in accordance with the law and these Terms,
avoid interfering with or disrupting the service, including servers and/or networks associated with the service,
protect their login data,
comply with all applicable laws, regulations, and industry standards related to the service,
allow access to their devices only in a way compatible with EVIO specifications.

Any unauthorized interference with the functionality of the EVIO System is prohibited.

The User may not perform any reverse engineering of the Service, software code, algorithms and/or devices.

7. Limitation of Liability

EVIO is not liable for any direct or indirect damages resulting from the use or inability to use the EVIO System, including but not limited to loss of profit, goodwill, data, or other tangible or intangible losses arising from:

incorrect operation, use, or inability to use the service,
changes in electricity prices in the market,
unauthorized access to User data,
any other issues related to the service and/or website.

EVIO does not guarantee uninterrupted access to the service and/or website and is not liable for any malfunctions beyond its control, including but not limited to internet outages, equipment failures, or power outages.

To provide services, EVIO uses publicly available and partner services, which are not under the control of EVIO , and assumes no responsibility for them and for the validity of the data. Also, EVIO enables connection with third-party devices and systems, but is not responsible for the operation of third-party devices that are not under EVIO control, and for any damages that may occur as a result of such connections. The user accepts that Amibit EVIO not be liable for any damages or loss caused by the use of the EVIO System.

To the fullest extent permitted by law, EVIO and its partners and employees are not liable for any indirect damages, loss of profit, data, or usage arising from the use of the service or website. The user agrees to indemnify EVIO and its employees against any claims or expenses, including attorney fees, that may result from the use of the service or a violation of these Terms.

EVIO is not responsible for delays or non-fulfillment of obligations due to circumstances beyond its control ("force majeure"), including natural disasters, fires, floods, epidemics, wars, terrorist attacks, strikes, disruptions in telecommunications networks or third-party services, or other unforeseen events that Amibit could not prevent. In the case of force majeure, the fulfillment of obligations is suspended for the duration of the force majeure circumstances, and Amibit will try its best to minimize the impact of these events on users.

8. Intellectual Property

The devices, service, web applications, website, and their content, including but not limited to text, images, software, and other materials, are the exclusive property of EVIO and its licensors. Reproduction, distribution, or modification of any part of EVIO System without prior written consent from Amibit is not allowed.

9. Changes to Terms

EVIO reserves the right to modify these Terms at any time. Users will be notified of any significant changes on the website, and continued use of the EVIO System after these changes indicates acceptance of the updated Terms.

10. Jurisdiction and Dispute Resolution

These conditions are implemented and interpreted in accordance with the applicable Portuguese legislation. EVIO and the User shall resolve all disputes arising from these general conditions by a mutual agreement. If that is not possible, the court in Lisbon with proper jurisdiction over the subject matter shall be deemed competent.

11. Final Provisions

If any provision of these Terms becomes invalid, it does not affect other provisions. EVIO may temporarily or permanently disable a User’s access to the service at any time and without notice, especially in case of violation of the Terms.

12. Agreement

By using the EVIO System, you agree to these Terms.

EVIO System: Terms and Conditions of Use