Terms & Conditions

The Sustainergy.ai services are provided by VoltAI BV, a private limited company (besloten vennootschap) registered in the Netherlands, at Hessenweg 251, 3791 PH Achterveld, The Netherlands. VoltAI BV is the party you contract with; where these terms say "Sustainergy", "we" or "us", they mean VoltAI BV.

These terms apply to the services Sustainergy provides to business customers: the Sustainergy platform, energy scans and assessments, and the reports and recommendations that come out of them. They apply from the moment you accept a proposal, sign an order form, or start using the platform, whichever happens first.

They apply between Sustainergy and an organisation, not a consumer. If you are entering into them on behalf of an organisation, you confirm that you are authorised to do so.

Where a signed agreement between us — a proposal, an order form, a master services agreement — says something different, that agreement takes precedence over these terms for whatever it covers.

The English version of these terms is the authoritative one. Translations are provided for convenience.

Consumption Data — energy consumption, metering, sub-metering, production and related operational data that you provide to us, as described in article 6.

Platform — the Sustainergy software, its interfaces and its documentation.

Results — the analyses, forecasts, reports, dashboards and recommendations we produce for you.

Services — the Platform, the scans and assessments we carry out, and the support that goes with them.

Your Users — the people you authorise to use the Platform on your behalf.

We provide the Services with reasonable skill and care, and in line with what we have agreed with you in writing about scope, sites and timing.

The Platform is a decision-support tool. It analyses data and recommends action; it does not replace your own operational judgement, your safety procedures or your regulatory obligations. Where you enable closed-loop control — the Platform acting on your systems directly rather than recommending — that is a separate written agreement, it names the systems concerned and the limits within which it may act, and you remain responsible for the safe operation of your plant.

We may improve, change or replace parts of the Services. Where a change materially reduces functionality you are relying on, we will tell you a reasonable time in advance.

We give you and Your Users access to the Platform for the duration of the agreement, for your own internal business purposes.

You are responsible for who you authorise, for keeping credentials secure, and for what is done under your account. Tell us without undue delay if you believe an account has been compromised.

You may not resell, sublicense or provide the Platform as a service to a third party; copy, decompile or reverse-engineer it, except to the extent the law says you may; or use it to build a competing product.

The Services depend on what you give us. You agree to provide the access, data and cooperation we reasonably need, and to keep the information you give us accurate and current.

You are responsible for your own systems, networks and equipment, and for any changes to them that affect a connection to the Platform.

You will use the Services lawfully, and you will not use them in a way that interferes with anyone else's use of them.

6.1 What this covers

This article applies to any energy consumption, metering, sub-metering, production or related operational data that you, or a third party acting on your instructions, provide to Sustainergy for the purpose of an energy scan, assessment, pilot or ongoing use of the platform ("Consumption Data"). It applies whether the data is supplied as a file, through an interface, by direct connection to your systems, or by a utility or metering operator on your behalf.

6.2 Ownership

Consumption Data remains yours. Nothing in these terms transfers ownership of it, or of any intellectual property in it, to Sustainergy.

6.3 What we may do with it

You grant Sustainergy a non-exclusive, non-transferable licence to host, process, analyse and model Consumption Data solely in order to carry out the scan, assessment or service you have asked for; to produce the results, reports and recommendations we deliver to you; and to operate, secure and support the platform for you. We will not use Consumption Data for any other purpose without your written agreement.

6.4 Confidentiality

We treat Consumption Data as your confidential information. We disclose it only to those of our personnel and sub-processors who need it for the purposes in 6.3, and only under confidentiality obligations no weaker than these.

6.5 Aggregated and anonymised data

We may create aggregated and anonymised data derived from Consumption Data and use it to develop, benchmark and improve our services. Such data will never identify you, your sites, your customers or your production volumes, and will only ever be published or shared in a form from which you cannot reasonably be re-identified.

6.6 Accuracy and lawful supply

You confirm that you are entitled to provide the Consumption Data to us and that doing so does not breach any agreement with a utility, metering operator, landlord, tenant or other third party. The results we deliver depend on the data supplied; we are not responsible for conclusions that are wrong because the underlying data was incomplete or incorrect.

6.7 Personal data

Consumption Data is normally commercial data about sites and equipment rather than personal data. Where it does identify or relate to an individual — for example sub-metering of a single dwelling, or contact details inside a data file — we process it only on your documented instructions and for the purposes in 6.3, and we will enter into a written data processing agreement with you before doing so.

6.8 Security

We apply technical and organisational measures appropriate to the sensitivity of Consumption Data, including access control, encryption in transit and at rest, and logging of access.

6.9 Location

Consumption Data is stored and processed within the European Economic Area. Where a sub-processor outside the EEA is used, we will put an approved transfer mechanism in place and tell you who it is on request.

6.10 Retention and deletion

We keep Consumption Data for as long as we provide the service to you and for a period afterwards for audit and dispute purposes. You may ask us in writing to delete or return it, and we will do so within 30 days, other than copies we must keep by law or that exist in routine backups until those backups expire.

6.11 On termination

When our agreement ends, you may request an export of your Consumption Data and the results derived from it in a common machine-readable format, within 30 days of termination. After that period we may delete it in line with 6.10.

The Platform, and everything in it that we made — software, models, methods, documentation and design — remains ours. These terms give you the right to use it, not to own it.

The Results are yours to use inside your own organisation and to share with your advisers, your auditors and your regulators. They remain ours in the sense that our underlying methods and models stay ours.

If you send us feedback or suggestions, we may use them without owing you anything for them. Nothing in that gives us any right to your Consumption Data beyond article 6.

Fees, the billing period and what they cover are set out in the proposal or order form you signed. Unless that document says otherwise:

Invoices are payable within 30 days of the invoice date. Amounts are exclusive of VAT and any other applicable taxes. If an invoice is overdue we may charge statutory interest and reasonable collection costs, and — after giving you written notice and a reasonable opportunity to pay — suspend the Services until it is settled.

We may adjust fees for a renewal period by giving you at least 60 days' notice before the renewal date. If you do not accept the adjustment you may choose not to renew.

Each of us may learn things about the other that are not public: your operational data, our methods and pricing, either side's plans. Neither of us will disclose the other's confidential information, or use it for anything other than performing this agreement.

This does not apply to information that is already public without a breach, that was already lawfully known, that is independently developed, or that must be disclosed by law or a court — and in that last case we will tell you first, unless we are not allowed to.

These obligations continue for five years after the agreement ends, and for as long as the information remains a trade secret.

We warrant that we will provide the Services with reasonable skill and care, that we have the right to provide them, and that we will comply with the laws that apply to us in doing so.

We do not warrant that the Platform will be uninterrupted or error-free, or that a forecast, recommendation or saving estimate will prove correct. Energy forecasting is probabilistic: it works with the data available and the conditions that hold, and both change. Figures we publish about typical results are exactly that — typical results — and are not a promise about your sites.

Any service levels — availability, response times, support hours — apply only if they are set out in a written agreement between us.

Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss of or damage to data beyond our obligations in article 6.

Subject to that, each party's total liability arising out of or in connection with this agreement in any twelve-month period is limited to the fees you paid or owed for the Services in that period.

These limits do not apply to your obligation to pay fees that are due, or to either party's breach of article 9.

The agreement runs for the term set out in your proposal or order form, and renews for successive periods of the same length unless either of us gives notice not to renew at least 30 days before the end of the current term.

Either of us may terminate immediately, by written notice, if the other commits a material breach that is not put right within 30 days of being asked to, or becomes insolvent.

We may suspend access where there is a genuine security risk, where the law requires it, or for non-payment under article 8. We will restore access as soon as the reason for the suspension is resolved.

When the agreement ends, your right to use the Platform ends with it. Article 6.11 governs what happens to your Consumption Data and the Results.

We may update these terms. Where a change materially affects your rights or obligations, we will give you at least 30 days' notice before it takes effect, and you may terminate without penalty before that date if you do not accept it.

Changes that do not materially affect you — clarifications, corrections, changes required by law — take effect when published. The date at the foot of this page tells you when these terms were last changed.

Neither of us is liable for a failure to perform caused by something genuinely outside our control: natural events, war, terrorism, epidemic, industrial action we are not party to, failure of a public power or telecommunications network, or an act of government. The affected party will tell the other as soon as it reasonably can and will do what it reasonably can to limit the effect.

This does not excuse a failure to pay money that is due.

These terms are governed by the law of the Netherlands, and the courts of the Netherlands have exclusive jurisdiction, unless a signed agreement between us says otherwise.

Before starting proceedings, each of us will raise the matter with the other in writing and give thirty days for a discussion in good faith. This does not prevent either of us from seeking an injunction where one is genuinely needed.

Questions about these terms go to info@sustainergy.ai, or by post to VoltAI BV, Hessenweg 251, 3791 PH Achterveld, The Netherlands. Our other offices are on the contact page.