Terms of Service
Last updated: November 12, 2025 · Effective: January 15, 2024
These Terms of Service (the "Terms") form a binding agreement between you ("you", "your", the "User") and EVOLY Sàrl ("Evoly", "we", "our", "us"), a company organized under the laws of Switzerland. They govern your access to and use of Evoly's digital products, including the Evoly Energy Metering platform and the Evoly Waste Management platform (collectively, the "Services"). By creating an account, signing in or otherwise using the Services, you accept these Terms. If you do not agree, do not use the Services.
1. The Services
Evoly provides software-as-a-service products in the smart-metering and waste-management space. The exact functionality made available to you depends on the agreement in place with your organization (where applicable) and on the plan you have subscribed to. We may add, modify or remove features over time and will use commercially reasonable efforts to communicate material changes.
2. Accounts and authentication
To use the Services, you need an account. You can create one with an email address and password, or by signing in with a supported third-party identity provider, currently Google and Microsoft Entra ID. By signing in with a third-party provider, you authorize that provider to share with us the profile attributes described in our Privacy Statement.
You are responsible for keeping your credentials confidential and for all activity carried out under your account. You must notify us promptly at yahya@evolyenergy.com if you suspect any unauthorized use of your account. You must be at least 16 years old, or the age of digital consent in your country, to use the Services.
3. Acceptable use
You agree not to:
- use the Services in violation of any applicable law or regulation;
- infringe the intellectual-property, privacy or other rights of Evoly or any third party;
- attempt to gain unauthorized access to any part of the Services, other accounts, or related systems or networks;
- probe, scan or test the vulnerability of the Services without our prior written consent (responsible disclosure reports are welcome at the contact address below);
- interfere with, disrupt, overload or impair the Services or the data of other users;
- upload or transmit malware, harmful code or content that is unlawful, defamatory, harassing, deceptive or otherwise objectionable;
- reverse-engineer, decompile or attempt to extract source code, except to the extent expressly permitted by mandatory law;
- use the Services to build a competing product, or resell, sublicense or otherwise commercialize them without our written consent.
4. Customer data
You retain all rights in the data you or your organization submit to the Services ("Customer Data"). You grant Evoly a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display and otherwise use Customer Data solely as needed to provide and improve the Services, secure them, and meet our legal obligations. You are responsible for ensuring that you have the necessary rights and lawful basis to submit Customer Data to the Services and to authorize the processing described here and in our Privacy Statement.
5. Intellectual property
The Services, including their software, design, branding, trademarks and content created by Evoly, are owned by Evoly or its licensors and are protected by intellectual-property laws. Subject to your compliance with these Terms, Evoly grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for their intended purpose. No other rights are granted by implication, estoppel or otherwise.
We welcome feedback. If you choose to send us suggestions or ideas, you grant us a non-exclusive, royalty-free, perpetual right to use them without restriction.
6. Privacy
Our collection and use of personal data in connection with the Services is described in our Privacy Statement, which is incorporated into these Terms by reference.
7. Third-party services
The Services may interoperate with third-party services (e.g. Google OAuth, Microsoft Entra ID, hardware vendors, public APIs). Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for their availability, content or behavior.
8. Service availability and beta features
We strive for high availability but the Services are provided on an "as is" and "as available" basis. We may temporarily suspend the Services for maintenance, security or other operational reasons. Some features may be offered as "beta" or "preview" functionality; such features are provided without warranties and may be modified or discontinued at any time.
9. Fees
Unless otherwise agreed in a separate written agreement (e.g. an order form or master services agreement) between Evoly and your organization, access to the Services may be subject to fees set out in such agreement or in the Services themselves. Any fees are due and payable as specified in that agreement and are non-refundable except where required by law.
10. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or uninterrupted operation. Evoly does not warrant that the Services will be error-free, secure, uninterrupted or that they will meet your specific requirements.
11. Limitation of liability
To the maximum extent permitted by applicable law, Evoly will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including loss of profits, revenue, data, goodwill or business opportunities, arising out of or in connection with these Terms or the Services, even if Evoly has been advised of the possibility of such damages. Evoly's aggregate liability for all claims arising out of or relating to these Terms or the Services will not exceed the amount paid by you to Evoly for the Services during the twelve (12) months preceding the event giving rise to the claim, or, if you have not paid Evoly any amount, one hundred Swiss francs (CHF 100). Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (such as for gross negligence or wilful misconduct).
12. Indemnity
You agree to defend, indemnify and hold harmless Evoly and its directors, officers, employees and agents from and against any claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to (i) your use of the Services in breach of these Terms, (ii) Customer Data you submit to the Services, or (iii) your violation of any law or third-party right.
13. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access to all or part of the Services, with or without notice, if we reasonably believe that you have breached these Terms, that your use poses a security or legal risk to Evoly or others, or where required by law. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnity and governing law) will survive.
14. Changes to the Services or these Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the latest revision. If we make material changes, we will take reasonable steps to notify you, for example by email or through the Services. Your continued use of the Services after the changes take effect constitutes acceptance of the revised Terms.
15. Governing law and jurisdiction
These Terms are governed by the substantive laws of Switzerland, to the exclusion of its conflict-of-laws rules and of the United Nations Convention on Contracts for the International Sale of Goods. The courts of Zurich, Switzerland, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to any mandatory consumer-protection rules that grant you the right to bring proceedings in your country of residence.
16. Contact
EVOLY Sàrl — Switzerland
Email: yahya@evolyenergy.com