Terms and conditions

Updated: March 2025

Welcome to Evolut-ion!

These Terms of Use of Evolut-ion System (hereinafter “Terms”) govern your use of all Evolut-ion services, including Evolut-ion Controller, Evolut-ion Gateway, Evolut-ion Converters, Evolut-ion web and mobile applications, and Evolut-ion services. By using the system, you agree to these Terms and Conditions.

The services are provided by Evolut-ion, a company based in Belgium with its registered office at Heideveld 26, 9255 Buggenhout (hereinafter “Provider”).

1. Acceptance of Terms and Conditions

By using the Evolut-ion system or signing up for the service, you agree to and commit to abide by these Terms and Conditions. If you do not agree to these Terms, you cannot use the Evolut-ion system.

2. Definitions and Terms.

User is any natural or legal person using Evolut-ion digital services via the Evolut-ion device, which requires the User to have a registered Evolut-ion user account, as defined in Article 4 of these General Terms and Conditions.

Evolut-ion device is a technical device that enables the use of the Evolut-ion digital service and enables (directly or indirectly) control and/or management of compatible electrical devices (e.g. solar panels, battery storage, electric vehicle charging station, heat pump and other consumers or producers in the installation that enable connection to the Evolut-ion device). These General Terms and Conditions do not govern the terms and conditions of purchase and sale (and general relationship) of the Evolut-ion 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: any data relating to an identified individual, as defined by law.

Registration: the initial entry of required user data into the Evolut-ion system to use Evolut-ion services.

Agreed billing capability means the predetermined billing power of the system user (i.e., User), determined by their electricity supplier.

Evolut-ion service is a digital service that helps and enables (but does not execute) (via the installed Evolut-ion device) control and/or management of electricity consumption or production and feed-in that the User's devices and appliances consume or produce for their operation (e.g., solar panels, battery storage, electric vehicle charging station, heat pump, and other production elements or electricity consumers that enable connection to the Evolut-ion device and can therefore be controlled and/or managed). The detailed content of the Evolut-ion service depends on the subscription package selected.

Exceeding billing power means the measured consumption power above the Agreed billing power.

User account is created after successful registration of the User in the Provider's information system (accessible via app.evolut-ion.com) and is a collection of entered user data and other entered information related to the use of the Evolut-ion device and the Evolut-ion service.

Subscription Event is the amount the User pays monthly to the Provider for providing access to one or more Evolut-ion services.

3. Description of the Service

Evolut-ion is an energy management system that connects solar panels, energy storage systems, heat pumps and electric vehicle charging stations, providing control over electricity production and consumption. With the Evolut-ion system, you optimize energy use, increase self-sufficiency and reduce electricity costs.

System components:

Evolut-ion Controller: Manages energy consumption and adjusts network usage with advanced algorithms
Evolut-ion Gateway: Allows connection of additional devices and remote control via relay output contacts and, in the case of using current sensors, measures approximate electricity consumption.
Evolut-ion Converters: Enable wireless or wired conversion of electrical signals, mainly used for capturing electricity meter consumption data.
Evolut-ion Apps: Mobile and web applications that facilitate service implementation and ensure secure data storage in compliance with GDPR.
Evolut-ion Service: A complete software offering for optimization of electricity production and use.

4. Registration and Access to the System.

To use the Evolut-ion system, you must register an account. Registration of the User Account for the use of Evolut-ion services establishes a subscription relationship between the Provider and the User, which represents a contractual relationship between the Provider and the User in accordance with these Terms and Conditions.

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

Before registration of the User Account, the User was informed in advance about all information related to entering into the subscription relationship. The form by which the User became acquainted with the relevant information is an integral part of these General Terms and Conditions.

The User registers the User Account on the website app.evolut-ion.com. Before completing the registration, the User must expressly agree to these Terms and Conditions and the processing of personal data provided to the Provider. After registration, the User receives a confirmation email, which concludes the subscription relationship.

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

The User agrees to protect his account from unauthorized access and not to share it with others. The User is responsible for all actions performed through his account. The Provider is not liable for any damages resulting from unauthorized use or misuse of the account.

The Provider will send all notifications to the email address provided during registration, optionally also via a mobile application.

If the User wishes to cancel his/her User Account, he/she may do so by sending a written communication to the address of the Provider or to the e-mail address support@evolut-ion.com. In the request for cancellation of the User Account, the User must provide his/her username and other personal data necessary for identification of the User Account. Based on the request received, the Provider deletes the User Account on the last day of the month in which the User submitted the request for deletion, if the User submitted the request no later than 5 business days before the end of the month, otherwise on the last day of the following month. The Provider will also establish all debts that the User would have for this month. The User will be notified of the termination of the account and other obligations via email to the address provided upon registration of the User account. With the termination of the User Account, the User's ability to access the Services and the Evolut-ion information system also ends. The provisions of this article do not affect the provisions of these General Terms and Conditions applicable to the termination of the subscription relationship.

5. Evolut-ion Services and Subscription.

Evolut-ion services are provided to the User only on the basis of a free or paid subscription relationship for providing Evolut-ion digital services.

A subscription relationship may be entered into for a definite or indefinite period and may have a minimum duration of the subscription relationship. Before entering into a subscription relationship, the User must provide the Provider with data necessary for providing the Evolut-ion service (such as personal data and data necessary for payment of the Evolut-ion service or Subscription).

The condition for entering into a subscription relationship is that the User chooses at least one of the possible subscription packages related to the implementation of the Evolut-ion service offered by the Provider. Before entering into a subscription relationship for a particular package, the Provider will inform the User of all necessary information required for an informed choice of the subscription package. The information necessary for an informed choice of subscription package is available at www.evolut-ion.com. The selection of the package is made by the User through the website app.evolut-ion.com when registering a user account. A subsequent change of the subscription package is done by the User through the website app.evolut-ion.com, which also contains the conditions and instructions for changing subscription packages. After changing the subscription plan, the User will receive a confirmation email to the email address, which is used to change the selected subscription plan.

6. Data Collection and Privacy.

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

Purposes of data processing include:

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

Data collection:

Continuous in real-time or near real-time: data from net meter and other devices connected to the Evolut-ion device (solar panels, battery, EV charger and others). This data includes (but is not limited to): power, energy, voltage, current, setpoints, device status, device operating modes and device faults/error notifications, is collected at 1 second intervals and stored locally on the Evolut-ion device. The same data, but aggregated to 1-minute and 15-minute intervals, are also stored in the Evolut-ion cloud (based in the EU) for purposes of calculation, analysis, forecasting, reporting and display to end user (via mobile app or web page);
Once or occasionally (when user changes this): user data such as (but not limited to) data entered in the user account registration process, such as (but not limited to) email, physical location (street address or GPS coordinates) of the Evolut-ion device, name, connected devices, ID of the Evolut-ion device. This data is stored locally on the Evolut-ion device and in the Evolut-ion Cloud.

The Provider does not disclose the collected data to third parties unless it is necessary for the performance of services (for example, but not limited to physical location to obtain weather forecasts), or is regulated to do so (for example, but not limited to data requested by the grid operator as required by relevant regulations) or under the law.

The User has the right to request deletion of their personal data processed by the Provider in accordance with the General Data Protection Regulation (GDPR). To exercise this right, the User must send a request to the Provider's official support contact. The Provider will delete all necessary data in accordance with legal provisions, except those that it must keep due to legal obligations or legitimate business interest.

7. Use of Evolut-ion Devices and Services.

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

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

The user must use the Evolut-ion device in accordance with the manufacturer's instructions and the supplier's instructions and recommendations.

The user can access Evolut-ion services through the Evolut-ion application or the website app.evolut-ion.com.

The User must have the operation of the Evolut-ion device and the Evolut-ion service under constant active supervision. The Evolut-ion service (together with the Evolut-ion device) is not autonomous and helps under active supervision of the User only control or manage compatible devices and appliances. The Provider is not responsible for the consequences and damages that would result from inappropriate or uncontrolled use or misuse of the Evolut-ion service (or the Evolut-ion device in this respect), as well as in case of unauthorized use of the Evolut-ion service (or the Evolut-ion device in this respect) by third parties.

Upon installation of the Evolut-ion device, the User determines or selects with the Supplier the settings or strategies of operation of the device, with which the Provider must be familiar for proper implementation of Evolut-ion services, prior to commencement of implementation of Evolut-ion services.

For the proper implementation of Evolut-ion services, the User may not change the settings and operating strategies of the Evolut-ion device or interfere in any way with the settings and operating strategies of the Evolut-ion device, which the User has communicated to the Provider prior to the start of implementation of Evolut-ion services. Should the User act in violation of this provision, the Provider shall not be liable for any damages arising from or resulting from such interference by the User in the Evolut-ion device.

The User may request modification or change of settings or operating strategies of the Evolut-ion device via email (support@evolut-ion.com). The Provider will notify the User of approval or rejection of the request by e-mail within no later than 5 business days.

The more detailed content of the Evolut-ion service depends on the subscription package chosen by the User.

The Provider may modify the Evolut-ion digital service at any time if necessary to improve the stability of the service, user experience, add new features or functional or security elements, and in any other cases where such modification is to the benefit of the User.

By entering into a subscription relationship for Evolut-ion services, the User expressly confirms that he is aware of the following:

must continuously monitor the operation of the Evolut-ion service;
the Evolut-ion service is not fully autonomous and does not provide fully autonomous management of all connected or indirectly measured electrical devices at the measurement point without active control by the User;
the Evolut-ion service helps under active control of the User only control or management of compatible devices and appliances;
The Evolut-ion 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 (and cannot provide) fully automatic prevention of the occurrence of Exceeding Billing Power. The User may use the Evolut-ion device and Evolut-ion services for this purpose only as an auxiliary system under the active supervision of the User and solely at their own responsibility and risk;
in no event shall Provider be liable for the operation of the Evolut-ion service and the Evolut-ion device for this purpose and shall not be liable for any network fee for the Excess Billing Capability or for any damages arising out of or in connection with the use of the Evolut-ion service and the Evolut-ion device for this purpose, particularly not for any fines, fees, penalties or other amounts relating to the Excess Billing Capability;
the user must be willing to take over the management of his devices and appliances (even those not connected to the Evolut-ion device and included in the Evolut-ion service due to incompatibility or other reasons) either through the Evolut-ion system or manually;
the use of the Evolut-ion service does not relieve the user of responsibility for prudent management and control of all his 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 to prevent the occurrence of Excess Billing Power;
the provider or the Evolut-ion service also does not (and cannot) guarantee that devices controlled using the Evolut-ion service will achieve manually or in any other way set and/or stated parameters or goals;
that in case of manual control of individual devices via the Evolut-ion service, achievement of the desired parameters of device operation is not guaranteed;
that errors may occur in the provision of Evolut-ion services that cause abnormalities in the operation of the software on which the Provider provides the Evolut-ion service or of the Evolut-ion device.

By entering into a subscription relationship, the User expressly confirms that prior to entering into the subscription relationship he has been informed in a clear, comprehensible and unambiguous manner about the operation and risks of using the device, the software and the provision of Evolut-ion services, and that it has been explained to him in a clear, comprehensible and unambiguous manner how the device and the Evolut-ion service work. The User confirms that it has been explained and understood to him that in case of device operation (manual or otherwise), attainment 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 Evolut-ion software or service is not guaranteed. The User also confirms that he has been informed in a clear, comprehensible and unambiguous manner about the risks arising from uncontrolled use of the Evolut-ion device or Evolut-ion services, from possible operating errors or from other circumstances, and, in particular, has been warned that even when using the Evolut-ion device and the Evolut-ion service, the User may make (unwanted) Excess Billing Power or that consumption power may exceed the Agreed Billing Power, and that he understands and accepts these risks.

8. User responsibilities

Evolut-ion system Users commit to:

Use the System in accordance with the law and these Terms,
Not to interfere or interfere with the service, including servers and/or networks associated with the service,
use the Evolut-ion device and services (as a good master, conscientiously, honestly and without abuse, and not make them available or use them by third parties),
the Evolut-ion device and services only for the purposes and in the manner used in these Terms and Conditions, under a subscription relationship, strictly following the instructions of Provider's personnel,
have the operation of the Evolut-ion device and services under constant active supervision and prudently manage its devices and appliances, including those that due to incompatibilities or other reasons are not connected to the Evolut-ion device and are not included in the Evolut-ion service,
immediately notify the Provider of any disruptions, interruptions or damages related to the device or the provision of Evolut-ion services that it notices,
Provide continuous and timely notice to the Provider of all circumstances and changes in data that may affect the implementation and billing of the Evolut-ion service,
in accordance with these Terms and Conditions and the subscription relationship between Provider and User, payment for any services or goods provided,
protect their inlo data,
Comply with all applicable laws, regulations and industry standards related to the service,
allow access to their devices only in a manner compatible with Evolut-ion specifications.

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

The User may not reverse engineer the Service, software code, algorithms and/or devices.

9. Provider Responsibilities and Obligations.

The provider will:

provide access to the Evolut-ion service to a user who meets all the requirements in these General Terms and Conditions, in accordance with the subscription relationship entered into;
Provide users with support in the use of Evolut-ion services through customer service;
respond to User complaints or concerns regarding the Evolut-ion service and its billing no later than seven (7) business days.

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

The Provider reserves the right to suspend access to the Evolut-ion service during maintenance, updates or removal of critical bugs in the Provider's software. Except in exceptional cases, the Provider will notify the User of such scheduled interventions at least three (3) business days in advance. In case of temporary non-operation of Evolut-ion services due to reasons of the Provider and consequently the inability of the User to access Evolut-ion services, the User is entitled to request a proportional reduction of the Subscription amount for the billing period in which such interruption occurred. In this case, the reduction of the Subscription amount shall be made on the basis of the express request of the User, 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 paid Subscription in the form of a credit taken into account by the User in the next billing period, or in the form of direct refund of the amount by wire transfer to the User's account.

10. Limitation of Liability.

The Provider shall not be liable for any direct or indirect damages resulting from the use or inability to use the system, including but not limited to loss of profits, goodwill, data or other tangible or intangible losses resulting from:

improper operation, use, or inability to use the service,
changes in electricity prices in the market,
unauthorized access to user data,
Any other matters relating to the service and/or website.

The Provider does not guarantee uninterrupted access to the service and/or website and is not liable for failures beyond its control, including but not limited to Internet outages, equipment failure color or power outages.

Provider shall not be liable for failures in the operation of the Evolut-ion device and service due to causes beyond 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 User's home network or any technical inadequacy or non-compliance of these devices or User's devices;
unauthorized modifications or changes to settings or business strategies;
non-timely updates to the Evolut-ion device by the User.

In providing services, Provider uses publicly available and partner services, which are not under Provider's control, and assumes no responsibility for them or for the validity of the data. Also, Evolut-ion provides connection to third-party devices and systems, but is not responsible for the operation of third-party devices not under Evolut-ion control, and for any damages resulting from such connections. The user accepts that the Provider is not liable for any damage or loss caused by the use of the system.

To the extent permitted by law, Provider and its partners and employees shall not be liable for any indirect damages, loss of profits, data, or use resulting from the use of the service or website. User agrees to indemnify Provider and its employees against any claims or expenses, including attorneys' fees, that may arise from use of the service or violation of these Terms.

The Provider is not responsible for delay or non-performance of obligations due to circumstances beyond its control (“Force Majeure”), including natural disasters, fires, floods, epidemics, wars, terrorist attacks, strikes, failures in telecommunications networks or third-party services, or other unforeseen events that the Provider could not prevent. In case of force majeure, the performance of obligations will be suspended for the duration of the force majeure circumstances, and the Provider will do its best to minimize the impact of these events on users.

11. Intellectual Property

The devices, service, web and mobile applications, website and their contents, including but not limited to text, graphics, software and other materials, are the exclusive property of Provider and its licensors. Reproduction, distribution or modification of any part of the Evolut-ion system without the prior written consent of the Provider is not permitted.

12. Changes to Terms and Conditions

The Provider reserves the right to unilaterally modify these Terms at any time. Users will be notified via the website of significant changes, 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.evolut-ion.com no later than thirty (30) days before such changes to the General Terms and Conditions become effective, and Users will also be notified by email at the email address provided in the subscription relationship of these.

In case of non-acceptance of changes in the General Terms and Conditions, the User may withdraw from the contractual relationship by means of a written statement sent to the business address of the Provider or by email to support@evolut-ion.com.

It is considered that the User has expressly consented to the modification of the General Terms and Conditions, provided that he has not submitted the statement of withdrawal referred to in the previous paragraph and has continued to use Evolut-ion services after the time these changes take effect without objection to these changes.

13. Jurisdiction and Dispute Resolution.

These terms and conditions shall be implemented and interpreted in accordance with applicable Belgian law. The Provider and the User shall settle all disputes arising from these general terms and conditions by mutual consent. If this is not possible, the courts of Antwerp having jurisdiction over the matter shall be deemed competent.

14. Final Provisions

Should any provision of these Terms become invalid, this shall not affect the other provisions. The Provider may at any time and without notice temporarily or permanently disable a User's access to the service, especially in case of violation of the Terms.

These Terms and Conditions will be implemented and interpreted in accordance with the laws of Belgium, expressly excluding the application of the provisions of international private law or any provisions relating to conflicts of law.

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

In case of dispute, the courts in whose territory the User has permanent or temporary residence have jurisdiction over the claim brought by the User, in addition to the court of general jurisdiction. In case of institution of a lawsuit against the User by the Provider, the courts in whose territory the User has permanent or temporary residence have jurisdiction.

Contact details Evolut-ion:

Heath Field 26
9255 Buggenhout
Belgium
hello@evolut-ion.com
+32 (0) 495 70 33 21
Company number: BE 0784 959 519