Terms of Service

Last updated: December 9, 2025

Article 1 - Purpose

These Terms of Service govern access to and use of WeSmart services and platforms, including:

Nexgen: Energy community management platform
EMS: Energy management and monitoring system
QuickScan: AI-powered feasibility analysis tool

Article 2 - Definitions

"Client": Any legal entity or individual who has subscribed to a WeSmart service
"Energy Community": Group of participants sharing energy under applicable regulations (REC, CSC, etc.)
"DSO": Distribution System Operator (Sibelga, Fluvius, ORES, Enedis, etc.)
"Included Services": Features covered by the current subscription or contract
"Additional Services": Any service requested outside the contractual scope

Article 3 - Acceptance

By using WeSmart services, the Client unconditionally accepts these Terms. Continued use after modifications constitutes acceptance of the new terms.

Article 4 - Commercial Conditions and Payment

4.1 Subscription Pricing

Subscription rates are defined in commercial offers and quotes accepted by the Client.

4.2 Billable Additional Services

⚠️ IMPORTANT

Any solicitation or additional work requested from WeSmart may be billed according to the rates below.

Service	Rate (excl. VAT)
Standard work (developments, advanced support, configurations, analyses)	€150/h
Video conference meeting (Teams, Meet, Zoom)	€250/h
On-site or urgent meeting (< 48h)	€450/h

These rates are subject to change with 30 days' notice.

Billable services include:

Custom developments or features
Personalized training sessions
Follow-up meetings outside contractual scope
Phone or video support not included in contract
Custom reports and analyses
Third-party system integrations
Urgent or after-hours interventions

4.3 Time Tracking and Transparency

Time sheets: Each Client has access to detailed time sheets via their dedicated public page
Traceability: All hours worked are documented and viewable
Prior quote: For any work estimated at more than 2 hours

4.4 Payment Terms

Payment deadline: 30 days net from invoice date
Late payment: Annual interest of 8% (ECB rate + 10 basis points), without prior notice
Fixed compensation: €40 minimum per unpaid invoice (in accordance with Belgian law)
Suspension: WeSmart reserves the right to suspend access to services after 15 days of late payment

Article 5 - Services Provided

5.1 Energy Community Management

WeSmart provides tools for:

Creation and configuration of energy communities (REC, CSC)
Participant management (producers, consumers, prosumers)
Collective self-consumption calculation and distribution
Real-time energy flow monitoring
Economic simulation and profitability analysis
Regulatory report generation

5.2 Services Included in Subscription

Depending on the subscribed plan:

Platform access and standard features
Software updates and corrective maintenance
Email technical support (response time per plan)
Online documentation and tutorials

Article 6 - Client Obligations

The Client agrees to:

Use services in a compliant and legal manner
Provide accurate, complete, and up-to-date data
Respect WeSmart's intellectual property
Protect access credentials and not share them
Not attempt to circumvent security measures
Inform WeSmart of any malfunction observed
Respect agreed payment deadlines

Article 7 - Liability and Limitations

7.1 Best Efforts Obligation

WeSmart is subject to a best efforts obligation and not an obligation of result. WeSmart strives to provide reliable, secure, and available service.

7.2 DSO Data

WeSmart disclaims all liability regarding:

Variable data formats from Distribution System Operators
Unpredictable DSO processing times
Availability and accuracy of data provided by DSOs
DSO refusals to provide data access

The user acknowledges and accepts that these constraints are beyond WeSmart's control and do not constitute a contractual breach.

7.3 Energy Communities

WeSmart is not liable for:

Decisions made by community managers or participants
Disputes arising between participants in the same community
Actual energy performance (production, consumption)
Regulatory compliance of communities managed by the Client

7.4 Network Fees

WeSmart is in no way required to pay network fees, distribution costs, royalties, or other charges billed by DSOs. These fees remain the exclusive responsibility of the Client or relevant participants.

7.5 Limitation of Liability

Cap: WeSmart's liability is limited to amounts paid by the Client in the last 3 months of service
Exclusions: WeSmart cannot be held liable for indirect damages, loss of business, data loss, lost profits, or reputational harm

7.6 Force Majeure

WeSmart cannot be held liable for service interruptions due to force majeure: natural disasters, internet infrastructure failures, government decisions, etc.

Article 8 - Exclusion and Suspension

8.1 Grounds for Exclusion

WeSmart may exclude a user for:

Violation of these terms
Fraudulent use of services
Persistent non-payment
Disruptive behavior harmful to other users

8.2 Immediate Suspension

Immediate suspension without notice may be applied in case of:

Serious violation of Terms
Suspected fraud
Security breach
Non-payment after formal notice

Article 9 - Intellectual Property

All content, software, algorithms, interfaces, and documentation remain the exclusive property of WeSmart
The Client has a non-exclusive right of use, limited to the subscription duration
Any unauthorized reproduction, modification, reverse engineering, or redistribution is strictly prohibited
Energy data entered by the Client remains their property

Article 10 - Termination

10.1 Termination by Client

The Client may terminate their subscription according to their contract terms, with applicable notice.

10.2 Termination by WeSmart

Formal notice: In case of breach, WeSmart will send a formal notice by email. The Client has 15 days to remedy the situation.
Immediate termination: Possible without prior notice in case of:
- Non-payment after 30 days overdue
- Proven fraud
- Serious security violation
- Clearly abusive use

10.3 Consequences of Termination

Immediate suspension of access to services
Client data remains accessible for 30 days for export
Outstanding amounts remain due

Article 11 - Data Protection

Personal data processing is governed by our Privacy Policy, compliant with the General Data Protection Regulation (GDPR).

Article 12 - Disputes and Applicable Law

12.1 Mediation

In case of dispute, the parties agree to seek an amicable solution before any legal action. Mediation may be initiated with an approved mediator.

12.2 Applicable Law

These Terms are governed by Belgian law.

12.3 Competent Courts

Any dispute relating to the interpretation or execution of these terms will be submitted to the competent courts of Brussels, Belgium.

Article 13 - Modification of Terms

WeSmart reserves the right to modify these Terms at any time
Modifications will be notified by email with 30 days' notice
Continued use of services after this period constitutes acceptance of new terms
In case of disagreement, the Client may terminate their subscription before the modifications take effect

Article 14 - Contact

WeSmart SA
Avenue Louise 231
1050 Brussels, Belgium

Customer service: contact@wesmart.com
Legal department: legal@wesmart.com
Website: www.wesmart.com
VAT: BE 0542.434.391