ME Smart System: Terms and Conditions of Use

Version V2.0 11.2024

Welcome to ME Smart system! These terms and conditions of use for ME Smart system (hereinafter "Terms") govern your use of all ME Smart system services, including ME Smart Controller, ME Smart Gateway, ME Smart Converters, ME Smart web and mobile applications, and ME Smart services. By using the system, you agree to these Terms.

The services are provided by Reduxi Adria d.o.o., a company established under the laws of the Republic of Slovenia, headquartered at Šaleška cesta 2a, 3320 Velenje, Slovenia (hereinafter "Provider").

1. Acceptance of Terms

By using ME Smart system or registering for the service, you agree to these Terms and commit to following them. If you do not agree with these Terms, you cannot use ME Smart system.

2. Definitions and Terms

• User is any natural or legal person who uses ME Smart digital services via the ME Smart device, for which the User must have a registered ME Smart User Account, as defined in Article 4. of these General Terms.
• ME Smart device is a technical device that enables the use of the ME Smart digital service and allows (direct or indirect) control and/or management of compatible electrical devices (e.g., solar power plant, electricity storage unit, electric vehicle charging station, heat pump, and other consumers or producers in the facility that allow connection with the ME Smart device). These General Terms do not regulate the terms of purchase and sale (and general relationship) of the ME Smart device.
• Controller: 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.
• Personal Data: All data relating to an identified person, as defined by law.
• Registration: The initial entry of required User data into ME Smart system to use ME Smart services.
• Agreed Billing Power means the predetermined billing power of the system user (i.e., the User), determined by their electricity operator;
• ME Smart service is a digital service that (via the installed ME Smart device) assists and enables (but does not execute) the control and/or management of electricity consumption or production and feed-in, which the User's appliances and devices consume or produce for their operation (e.g., solar power plant, electricity storage unit, electric vehicle charging station, heat pump, and other production elements or electricity consumers that allow connection with the ME Smart device and can be controlled and/or managed by it). The detailed content of the ME Smart service depends on the selected subscription package.
• Excess Billing Power means the measured consumption power above the Agreed Billing Power;
• User Account is created after the User's successful registration in the Provider's information system (accessible at app.merkurenergija.si) and is a collection of the User's entered data and other entered information related to the use of the ME Smart device and the ME Smart service.
• Subscription Fee is the amount that the User pays monthly to the Provider for providing access to one or more ME Smart services.

3. Description of the Service

ME Smart 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 ME Smart system, you optimize energy usage, increase self-sufficiency, and reduce electricity costs.

System Components:

• ME Smart Controller: Manages energy consumption and adjusts grid consumption using advanced algorithms
• ME Smart 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.
• ME Smart Converters: Enable wireless or wired conversion of electrical signals, primarily used for capturing consumption data from electricity meters.
• ME Smart Apps: Mobile and web applications that facilitate service implementation and secure data storage in compliance with GDPR.
• ME Smart Service: A complete software service for optimizing electricity production and usage.

4. Registration and Access to the System

To use ME Smart system, you need to register an account. By registering the User's User Account for the use of ME Smart services, a subscription relationship is established between the Provider and the User, which represents a contractual relationship between the Provider and the User in accordance with these General Terms.

Users are responsible for keeping their login information confidential and must not allow unauthorized access to their accounts. Provider is not liable for unauthorized use of the account. In case of suspected misuse, Provider must be notified immediately.

Before registering the User Account, the User was informed of all information relating to the conclusion of the subscription relationship. The form by which the User was acquainted with the relevant information is an integral part of these General Terms.

The User registers the User Account on the website app.merkurenergija.si. Before completing the registration, the User must explicitly confirm their agreement with these General Terms and the processing of personal data provided to the Provider. After registration, the User receives a confirmation email, thereby concluding the subscription relationship.

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. Provider is not liable for any damages resulting from unauthorized use or abuse of the account.

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

If the User wishes to terminate their User Account, they may do so by sending a written notice to the Provider's business address or the Provider's e-mail address [e-mail]. In the request for termination of the User Account, the User must provide his/her username and other personal data necessary for the identification of the User Account. On the basis of the received request, the Provider deletes the User Account on the last day of the month in which the User sent the request for deletion, if the User sent the request no later than 5 working days before the end of the month, otherwise on the last day of the month that follows. The provider also charges all liabilities that the user would have for this month. The User shall be notified of the termination of the account and other obligations by e-mail to the address provided by the User when registering the User Account. With the termination of the User Account, the User's ability to access the services and the ME Smart information system also ceases. The provisions of this Article are without prejudice to the provisions of these General Terms and Conditions governing the termination of the subscription relationship.

 

5. ME Smart services and subscription

ME Smart services will be provided to the User only on the basis of a free or paid subscription relationship for the provision of ME Smart digital services.

A subscription relationship can be concluded for a definite or indefinite period of time and may have a minimum duration of the subscription relationship. For the purpose of concluding a subscription relationship, the User must provide the Provider with the data necessary for the provision of the ME Smart service (such as personal data and data required to pay for the ME Smart service or the Subscription).

The condition for concluding a subscription relationship is that the User chooses at least one of the possible subscription packages regarding the implementation of the ME Smart service offered by the Provider. Before concluding a subscription relationship for a particular package, the Provider shall inform the User of all the necessary information necessary for an informed selection of the subscription package. The information necessary for an informed choice of subscription plan is available on www.merkurenergija.si. The selection of the package is made by the User via the website app.merkurenergija.si when registering a user account. A subsequent change of the subscription package is made by the User via the app.merkurenergija.si website, which also contains the terms and instructions for changing subscription packages. After the change of the subscription plan, the user receives a confirmation e-mail to the e-mail address, which changes the selected subscription plan.

6. Data Collection and Privacy

As the service provider, Provider uses advanced technologies for secure data storage and protection in compliance with GDPR. By using the 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.

Data is collected:

• continuously in real time or near real time: data from grid meter and other devices connected to ME Smart device (solar, battery, EV charger and others). This data includes (but is not limited to): power, energy, voltage, current, setpoints, device statuses, device operating modes and device fault/error notifications is collected in 1 second interval and stored locally on ME Smart device. Same data, but aggregated to 1 minute and 15 minute time intervals, is also stored in ME Smart cloud (EU-based) for purpose of calculation, analyse, forecasting, reporting and displaying to end user (via Mobile app or webpage);
• once or occasionally (when user changes it): user data such as (but not limited to) data entered in user account registration process, such as (but not limited to) e-mail, physical (street address or GPS coordinates) of ME Smart device, name, connected devices, ID of ME Smart device. This data is stored locally on ME Smart device and in ME Smart Cloud.

Provider does not forward the collected data to third parties, unless this is necessary for the performance of services (for example, but not limited to physical location to obtain weather forecast), or it is regulated (for example, but not limited to data requested by grid operator as prescribed in relevant regulations) or by law.

The User has the right to request the deletion of his personal data processed by Provider in accordance with the General Data Protection Regulation (GDPR). To exercise this right, the User must send a request to the official Provider support contact. Provider 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.

7. Using ME Smart Devices and Services

In order to use the ME Smart service, the User must have a working ME Smart device installed, which must be constantly connected to the Internet and the online part of the ME Smart service with a functioning, stable and powerful connection, as well as to compatible devices or appliances that it helps to control or regulate the production or consumption of electricity. The User must also ensure that the devices or appliances that he wants to connect to the ME Smart device or include in the ME Smart service have the appropriate technical characteristics on the basis of which such connection and inclusion is possible (i.e. compatibility).

The User must ensure that the ME Smart device is regularly updated with all software updates, of which the User will be informed in a timely manner by the Provider. The provider is not responsible for the consequences that would arise from the non-operation or incorrect operation of the ME Smart device or service, which occurs due to errors in computer or other connections or due to the outdated software of the ME Smart device.

The user must use the ME Smart device in accordance with the manufacturer's instructions and the instructions and recommendations of the supplier.

The user can access ME Smart services through the ME Smart application or the app.merkurenergija.si website.

The user must have the operation of the ME Smart device and the ME Smart service under constant active control. The ME Smart service (together with the ME Smart device) is not autonomous and, under the active control of the User, only helps to control or manage compatible devices and appliances. The Provider is not responsible for the consequences and damages that would arise as a result of improper or uncontrolled use or misuse of the ME Smart service (or the ME Smart device in this regard), as well as in the event of unauthorized use of the ME Smart service (or the ME Smart device in this regard) by third parties.

When installing the ME Smart device, the User, together with the Supplier, will determine or select the settings or strategies of the device's operation, with which the Provider must be familiar for the proper implementation of ME Smart services, before the start of the implementation of ME Smart services.

• For the proper implementation of ME Smart services, the User may not change or in any way interfere with the settings and operating strategies of the ME Smart device, which he communicated to the Provider before the start of the implementation of ME Smart services. In the event that the User acts contrary to this provision, the Provider shall not be liable for any damage that occurs or could occur as a result of such interference by the User with the ME Smart device.

• The user can request modification or change of settings or strategies of operation of the ME Smart device via e-mail ([e-mail]). The Provider will notify the User of the approval or rejection of the request via e-mail within 5 working days at the latest.

The more detailed content of the ME Smart service will depend on the subscription package chosen by the User.

The Provider may change the ME Smart digital service at any time if it is necessary to improve the stability of the service, user experience, adding new functionalities or functional or security elements, and in all other cases where such a change is in the benefit of the User.

By concluding a subscription relationship for ME Smart services, the User expressly confirms that he is aware that:

• must actively monitor the operation of the ME Smart service at all times;
• the ME Smart service is not fully autonomous and does not provide fully autonomous control of all connected or indirectly measured electrical devices at the measuring point without the User's active control;
• the ME Smart service, under the active control of the User, only helps to control or manage compatible devices and appliances;
• The ME Smart Provider or Service does not provide the function of fully automatic regulation and/or control of electricity consumption or production up to a certain maximum power or up to the Agreed Billing Power) and does not provide (and cannot provide) fully automatic prevention of the occurrence of Excess Billing Power. The User may use the ME Smart device and ME Smart services for this purpose only as an assistance system under the active supervision of the User and solely at their own responsibility and risk;
• in no case shall the Provider be liable for the operation of the ME Smart service and the ME Smart device for this purpose and shall not be liable for any network fee for the Excess Billing Power or for any damage that would arise due to or in connection with the use of the ME Smart service and the ME Smart device for this purpose, in particular not for any penalties, fees, sanctions or other charges related to the Excess Billing Power;
• the user must be willing to take over the management of their devices and appliances (even those that are not connected to the ME Smart device and included in the ME Smart service due to incompatibility or for other reasons), either through the ME Smart system or manually;
• the use of the ME Smart service does not relieve the user of responsibility for prudent control and management of all its devices and appliances and the regulation of consumption or production of electricity up to a certain maximum power or up to the Agreed Billing Power in order to avoid the occurrence of Excess Billing Power;
• the provider or the ME Smart service also does not guarantee (and cannot guarantee) that devices controlled with the help of the ME Smart service will achieve manually or in any other way set and/or signaled parameters or goals;
• that in the case of manual control of individual devices via the ME Smart service, the achievement of the desired parameters of device operation is not guaranteed;
• that errors may occur in the provision of ME Smart services that result in deviations from the operation of either the software on the basis of which the Provider provides the ME Smart service or the ME Smart device.

By concluding a subscription relationship, the user expressly confirms that prior to concluding a subscription relationship, he or she was briefed in a clear, understandable and unambiguous manner on the operation and risks involved in the use of the device, software and the provision of ME Smart services, and that he or she was clearly, comprehensibly and unambiguously explained how the device and the ME Smart service work. The User confirms that it has been explained to him and reason that in the case of device control (whether manual or otherwise), the achievement of the desired parameters by the devices is not guaranteed, that due to various external factors they may deviate from the expected and that the flawless functionality or operation of the ME Smart software or service is not guaranteed. The User also confirms that he/she has been clearly, comprehensibly and unambiguously informed of the risks arising from the uncontrolled use of the ME Smart device or ME Smart services, from possible malfunctions in operation or from other circumstances, and in particular has been warned that even when using the ME Smart device and the ME Smart service, the User may incur (undesirable) Excess Billing Power or that the consumption power may exceed the Agreed Billing Power, and that he understands and accepts these risks.

8. User Responsibilities

ME Smart system Users commit to:

• use the 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,
• use the ME Smart device and services (as a good master, conscientiously, honestly and without abuse, and not make them available or for use by third parties,
• use the ME Smart device and services only for the purposes and in the manner specified in these General Terms and Conditions, within the framework of a subscription relationship, strictly following the instructions of the Provider's staff,
• have the operation of the ME Smart device and services under constant active control and to manage its appliances and appliances prudently, including those which, due to incompatibilities or for other reasons, are not connected to the ME Smart device and included in the ME Smart service,
• immediately notify the Provider of any disruptions, interruptions or damage related to the device or the provision of ME Smart services that it detects,
• inform the Provider on an ongoing and timely basis of all circumstances and changes in data that could affect the implementation and billing of the ME Smart service,
• in accordance with these General Terms and Conditions and the subscription relationship between the Provider and the User, pay for all services or goods supplied,
• 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 ME Smart specifications.

Any unauthorized interference with the functionality of the system is prohibited.

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

9. Providers Responsibilities and Obligations

The provider will:

• provide access to the ME Smart service to a user who meets all the requirements set out in these General Terms and Conditions in accordance with the concluded subscription relationship;
• provide users with assistance in using ME Smart services through the customer service service;
• to the User's complaints or objections related to the ME Smart service and its billing, no later than seven (7) working days.

The Provider is not responsible for non-compliance with the obligations arising from the concluded subscription relationship or these General Terms and Conditions, or for the consequences of difficult and/or disabled access to ME Smart services or non-operation of the ME Smart device, when these are the result of objective reasons beyond the Provider's control or the result of force majeure.

The Provider reserves the right to terminate access to the ME Smart service during maintenance, updates or elimination of critical errors in the Provider's software. Except in exceptional cases, the Provider will notify the User of such planned interventions at least three (3) working days before such intervention. In the event of temporary non-operation of ME Smart services for reasons on the part of the Provider and, consequently, the User's inability to access ME Smart services, the User has the right to request a proportional reduction in the amount of the Subscription for the billing period in which such interruption occurred. In such a case, the reduction of the amount of the Subscription is made on the basis of the User's explicit request, which is submitted in writing to the Provider through the customer support service or to the Provider's business address. The Provider may refund the amount of the overpaid Subscription either in the form of a credit that will be taken into account by the User in the next billing period or in the form of a direct refund of the amount by transfer to the User's account.

10. Limitation of Liability

Provider is not liable for any direct or indirect damages resulting from the use or inability to use the 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.

Provider 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.

The Provider is not liable for malfunctions in the operation of the ME Smart device and service due to causes beyond the Provider's control or beyond reasonable control, including (but not limited to) the following:

• errors in device or service software;
• problems with the network, servers, etc.;
• problems in the User's home network or any technical inadequacy or non-compliance of these User's devices or appliances;
• unauthorized modifications or changes to settings or operating strategies;
• untimely updates of the ME Smart device by the User.

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

To the fullest extent permitted by law, Provider 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 Provider 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.

Provider 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 Provider could not prevent. In the case of force majeure, the fulfillment of obligations is suspended for the duration of the force majeure circumstances, and Provider will try its best to minimize the impact of these events on users.

11. Intellectual Property

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

12. Changes to Terms

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

Any changes to these General Terms and Conditions will be publicly available on the Provider's website www.merkurenergija.si no later than thirty (30) days before the entry into force of these changes to the General Terms and Conditions, and Users will also be notified of this by e-mail at the e-mail address specified in the subscription relationship.

In the event of non-acceptance of changes to the General Terms and Conditions, the User may withdraw from the contractual relationship by means of a written statement sent to the Provider's business address or by e-mail to the [e-mail].

It is considered that the User has expressly agreed to the amendment of the General Terms and Conditions, provided that he has not provided the statement of withdrawal referred to in the previous paragraph and has continued to use the ME Smart services after the entry into force of these changes without objecting to these changes.

13. Jurisdiction and Dispute Resolution

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

14. Final Provisions

If any provision of these Terms becomes invalid, it does not affect other provisions. Provider 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.

Terms of use may change in accordance with legal regulations and Provider's business policy.

These General Terms and Conditions shall be implemented and interpreted in accordance with the laws of the Republic of Slovenia, whereby the application of the provisions of private international law or any conflict-of-law provisions is expressly excluded.

For the avoidance of doubt, it is considered that the law of the Republic of Slovenia, in particular the provisions of the applicable Code of Obligations and the Consumer Protection Act, applies to any situation not provided for in these General Terms and Conditions or in the subscription relationship.

In the event of a dispute, the court in whose jurisdiction the User has permanent or temporary residence shall have jurisdiction over the action brought by the User, in addition to the court of general jurisdiction. In the event that a lawsuit is filed against the User by the Provider, the court in whose territory the User has permanent or temporary residence shall have jurisdiction.