General Terms & Conditions

1. The contract

1.1 evolito A/S, Danish Reg. No. 35642986, Oceanvej 1, DK-2150 Copenhagen, Denmark ("evolito") provides software services ("the Application") and associated hardware ("Hardware") as part of individually selected subscription-based products.

1.2 These Terms and Conditions apply to all use of the Application by any customer ("Customer").

1.3 By accessing the Application, creating a user account, or explicitly accepting in writing, the Customer agrees to be bound by these Terms and Conditions.

2. Duration

2.1 The subscription is effective from order confirmation or agreed date, and remains active until termination. If Hardware is included, the subscription starts upon its delivery.

2.2 Termination requires the return of any Hardware according to section 10.

3. Prices and changes

• 3.1 Prices are set in the order confirmation. Annual season: April 1–October 30.
• 3.2 Changes to pricing or terms may occur with 1 month’s written notice before a calendar year.
• 3.3 Application updates may occur without prior notice.
• 3.4 Continued use after revisions equals acceptance. Updated terms are published on the evolito website.
• 3.5 If significant changes occur, Customer may cancel with 1 month’s notice before the new Subscription Period.
• 3.6 Danish prices include installation/removal at season start/end. Additional Danish site visits: €500. International visits: time/material-based pricing with pre-approved quotation and prepaid invoice.

4. Payment terms

• 4.1 Communications and invoices are sent to the registered email address. Customers must ensure details are up to date.
• 4.2 Payment is due within 30 days of confirmation. Hardware will only be sent after payment unless otherwise agreed. Late payments incur interest and fees under the Danish Interest Act.
• 4.3 Subscriptions are prepaid annually, with automatic renewal.
• 4.4 Overdue payments over 14 days result in suspension of service. Access is restored only upon full payment. Prepayment may be required.

5. Subscription

• 5.1 Subscription grants limited, non-exclusive access for own business use only.
• 5.2 Access is defined per product, number of users, sensors, analytics, etc.
• 5.3 Additional services may have separate terms which override these.
• 5.4 Hardware is provided for the subscription duration, remains evolito’s property, and is for subscription use only.

6. Customer use of the application

• 6.1 No third-party access unless part of the Customer’s business. Customer is responsible for login misuse.
• 6.2 Third-party users must be associated with the Customer's business and set up by the Customer.
• 6.3 Subscription rights are non-transferable.
• 6.4 Application use must align with its intended purpose. Only Customer may extract data generated by their Hardware.

7. Data

• 7.1 Customer owns and may use its own input data.
• 7.2 Output data (analyses, maps, etc.) belongs to evolito. Public use excludes Customer identifiers.
• 7.3 Some content is sourced from publicly available data.
• 7.4 See Privacy and Cookie Policy for more.

8. Data security

See Privacy and Cookie Policy.

9. Uptime

• 9.1 Hardware uptime goal: 90%.
• 9.2 Sensors operate 1 hour before sunrise to 1 hour after sunset, turning off below 8°C.
• 9.3 90% uptime guaranteed with 12+ daylight hours under standard operation.
• 9.4 Custom schedules may affect performance. Guarantee applies to standard schedule only.
• 9.5 Solar-powered sensors may be affected by poor weather (excluded from uptime calculation).
• 9.6 Uptime may be impacted by hardware or connectivity issues.
• 9.10 Maintenance: 00:00–04:00 CET with 24-hour notice when possible.
• 9.11 Emergency suspensions may occur. evolito will notify when possible.

10. Hardware

• 10.1 Hardware remains property of evolito.
• 10.2 Delivered per agreed schedule.
• 10.3 Requires mobile network access.
• 10.4 Customer covers return transport costs and risks.
• 10.5 Customer must return Hardware within 45 days of service/update notice.
• 10.6 Damage from normal use: report within 7 days.
• 10.7 Damage from extreme conditions: €1,000/sensor replacement. May result in termination or new subscription charges.
• 10.8 Customer responsible for care and maintenance.
• 10.9 Customer handles setup, troubleshooting, and returns.
• 10.10 After subscription ends, return or dispose of Hardware as instructed.

11. Intellectual property

• 11.1 All IP remains with evolito.
• 11.2 Application data use is non-exclusive unless otherwise agreed.
• 11.3 All inventions and developments remain evolito’s property.
• 11.4 Do not remove evolito trademarks.
• 11.5 Report any IP infringements.

12. Transfer of rights

• 12.1 evolito may transfer rights without notice.
• 12.2 Customer may not transfer rights or subscriptions.

13. Disclaimer

• 13.1 No guarantee of data accuracy. Use at own risk.
• 13.2 evolito not liable for indirect or consequential losses.
• 13.3 Application not to be used as sole evidence in claims.
• 13.4 Liability limited to last 12 months of subscription payments.
• 13.5 Exceptions apply in cases of gross negligence or wilful misconduct.

14. Confidentiality

evolito keeps customer information confidential unless legally required to disclose.

15. Duration and termination

• 15.1 Minimum 24-month Subscription Period. Auto-renews unless cancelled.
• 15.2 Customer may cancel with 1 month’s notice. evolito may cancel with 3 months’ notice.
• 15.3 Material breach not remedied in 14 days allows cancellation.
• 15.4 Early cancellation refunds unused prepaid amounts.

16. Jurisdiction

• 16.1 Governed by Danish law. CISG excluded.
• 16.2 Arbitration in Copenhagen. Language: English.

17. Communication

• 17.1 Public announcements require mutual consent.
• 17.2 evolito may send product and update news via email.

Version: These Terms and Conditions are version 1.2 and valid from 01-05-2024, replacing all previous versions.