Navigating Our Professional Engagement Guidelines

Understand the framework that shapes your interaction with our innovative energy solutions, fostering a compliant and fruitful partnership.

The Terms and Conditions were last updated on 2023-10-17

1. Introduction

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

3. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

6. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

7. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

8. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

9. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

10. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

  • this website or our content will meet your requirements;
  • this website will be available on an uninterrupted, timely, secure, or error-free basis.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

11. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

12. Accessibility

We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.

13. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Luxembourg.

14. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

15. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

16. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

17. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

18. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

19. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

20. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Nexxtlab S.A. in relation to your use of this website.

21. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

22. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Luxembourg. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Luxembourg. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

23. Contact information

This website is owned and operated by Nexxtlab S.A..

You may contact us regarding these Terms and Conditions through our contact page.

24. Download

You can also download our Terms and Conditions as a PDF.

Terms of use , Smartbirds & Smartmaster Nexxtlab

1. Application

These terms of use apply to the use of Nexxtlab’s Smartbirds and Smartmaster solutions (“Smart Solutions”). For the purposes of these terms and conditions, “Nexxtlab” shall mean: Nexxtlab SA 12 Avenue du Swing L4367 Belvaux Luxembourg. The Smart Solutions allow you to have an overview of your energy consumption and/or your electricity injection at the level of your digital meter, to control and monitor your electrical installations from your mobile device.

2. Acceptance of these terms of use

You must accept these terms of use before you can activate the Smart Solutions. By accepting the terms of use, you give your consent to NEXXTLAB if necessary to request your electricity and/or natural gas consumption data from your smart meter from your distribution network operator, download it into your Smart Solutions and use it to give you an overview of your historical energy consumption and/or electricity injection, as described below.

3. Give permission to your distribution system operator

In order for NEXXTLAB to request the historical consumption data of your smart meter from your distribution network operator, you must give them permission to do so. You can do this via Smart Solutions. You also authorise NEXXTLAB to request the necessary data from your distribution network operator, so that the consumption data in Smart Solutions matches the consumption data on your bill.

4. Moving

In order to use Smart Solutions at your new home address, your new home must be equipped with a smart meter and you must have given your distribution network operator permission to install this smart meter as described above.

5. Overview of your energy consumption and/or electricity injection

The Smart Solutions gives you an overview of your current and expected energy consumption and costs. Your consumption data is stored in the Smart Solutions for a period of 4 years.

6. Contact

If you have any questions about the Smart Solutions or these terms of use, you can contact NEXXTLAB via the website (www.nexxtlab.com).

7. Using the Smart Solutions

In order to use the Smart Solutions, you must log in with the login and password provided by NEXXTLAB. In order to use the Smart Solutions, you need a mobile phone or tablet with access to a broadband internet connection and an iOS or Android operating system. The Smart Solutions can only be used for one home address. Use of the Smart Solutions is at your own risk.

8. Fee for the use of the Smart Solutions

The use of the basic Smart Solutions is in general free of charge, however some services within the Apps are under certain conditions chargeable. The prices of these recurring or non-recurring services will be displayed directly in the APP when they are applied. When activating the paid service the price and possible recurrence will be displayed and if you activate this service you fully accept the commercial conditions associated with it.

9. Protection of your personal data

NEXXTLAB is responsible for processing your personal data. By accepting these Terms of Use, you indicate that you have read and agree to NEXXTLAB’s Privacy Policy, which can be found via the following link https://nexxtlab.com/legal/privacy-statement-eu/ and which is summarized in this section. In the event of any conflict between this section and the Privacy Policy, the Privacy Policy shall prevail. If you have any questions regarding the processing of your personal data, you can contact us via privacy@nexxtlab.com or via postal mail to the address of Nexxtlab’s headquarters.

NEXXTLAB may process your personal data for the purposes of managing our past, future and current customers, which includes, but is not limited to, managing and fulfilling your contracts with NEXXTLAB, offering and promoting products and services, ensuring the functionality of the products and services to you, managing access to the customer area, protecting your rights, property or safety of NEXXTLAB, its customers or third parties (including, among other things, fighting fraud, handling disputes or legal proceedings, handling NEXXTLAB’s legal or regulatory obligations), NEXXTLAB’s accounting, and managing NEXXTLAB’s receivables (including collection and/or assignment of receivables to collection agencies). To manage our receivables, we may combine the personal data you have provided with information (including personal data) we have obtained from third parties and/or public sources in order to optimise collection and to determine the most appropriate collection method (e.g. amicable collection or judicial collection). The processing is based on your contract with NEXXTLAB, NEXXTLAB’s legitimate interest (mainly direct marketing), NEXXTLAB’s legal obligations or your consent. In the latter case, you can always revoke your consent.

Your personal data will be processed by us and the following third parties for the above purposes: our call centres, network operators, business partners (e.g. installers of products related to ours), debt collection agencies and intermediaries with whom we have a relationship for the management of our receivables, our affiliated companies and the competent authorities. Where we work with third parties located in countries outside the EEA that do not provide an adequate level of protection for your personal data, we impose contractual obligations on them, approved by a competent authority, to ensure that your personal data is adequately protected. If you would like a copy of these contractual obligations, please send an email to privacy@nexxtlab.com. We reserve the right to withhold any information that is confidential and not relevant to you in such a copy. Your personal data will not be retained for longer than is necessary for the above purposes.

You may access your personal data or request its correction or deletion by sending a letter to Nexxtlab’s headquarters. Similarly, you may object to the processing of your personal data or ask us to limit such processing. You may also request that your personal data be transferred directly to another supplier. You can also revoke your consent in the same way, or if you no longer wish to receive direct marketing by telephone, e-mail or post, by indicating the intended means of communication. If you have a complaint about the processing of your personal data, you can contact us as described above.

10. License use and and rights of property rights intellectual

NEXXTLAB grants you a non-exclusive, non-transferable license to use the Smart Solutions. You may not use the Smart Solutions for commercial purposes. The license terminates at the time you disconnect from the Smart Solutions and delete the Smart Solutions, or the availability of the Smart Solutions terminates in accordance with these Terms of Use.

You may not make the Smart Solutions available to third parties. You may not remove or cause to be removed any technical devices designed to protect and/or secure the Smart Solutions.

NEXXTLAB has the right, at any time, to adapt the Smart Solutions, to modify or delete data, to deny you the use of the Smart Solutions by terminating the license, to restrict the use of the Smart Solutions, or to deny you access to the Smart Solutions in whole or in part, temporarily or permanently. NEXXTLAB will notify you, where possible, by e-mail, via the Smart Solutions and/or the NEXXTLAB website.

All intellectual property rights, including in any case copyright and database rights concerning (the content of) the Smart Solutions (including software, layout and design), are held exclusively by NEXXTLAB.

11. Your obligations

You declare that the data you have provided to us is complete, correct and up-to-date.

You are required to disconnect from Smart Solutions if you no longer reside at the residential address indicated in Smart Solutions. You are not permitted to allow third parties to use your Smart Solutions and your Smart Solutions login data.

You are at all times personally responsible for the use of your account and the careful handling and confidentiality of your account information. If you believe that third parties have gained unauthorized access to your Smart Solutions, you are required to report this immediately to NEXXTLAB.

12. Responsibility

NEXXTLAB cannot guarantee that the Smart Solutions will always be available or operate without interruption, error or defect, or that the information provided is complete, correct or up-to-date. NEXXTLAB is not responsible for any damage and/or injury resulting from the use of the Smart Solutions.

NEXXTLAB reserves the right to discontinue the Smart Solutions (without notice) temporarily or permanently, without this conferring any rights on you.

No rights can be derived from the Smart Solutions to determine the extent of your energy consumption and/or the amount of your energy bill.

The distribution network operator is responsible for the actual reading of the smart meter and provides NEXXTLAB with your consumption data. NEXXTLAB is therefore dependent on the distribution network operator for this part and cannot be held responsible for the accuracy or completeness of the consumption data.

13. Termination

You may use the Smart Solutions indefinitely and terminate its use at any time by logging out and deleting the Smart Solutions from your mobile phone and/or tablet. The termination of the use of the Smart Solutions will also result in the termination of the licence, and you will therefore no longer be able to view your energy consumption.

If you no longer wish to use Smart Solutions and/or retrieve your consumption data, you must ensure that you revoke your authorisation from the distribution network operator.

14. Miscellaneous provisions
Luxembourg law is applicable.

If your contract has been concluded electronically, as a consumer you can use the RLL platform for settlement in online of your disputes via https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.ho me.show&lng=EN.

The possible invalidity of one or more provisions of these Terms of Use does not affect the validity of the remaining provisions. If any provision of these Terms of Use conflicts with a legally binding provision, such provision shall be replaced by a legally permissible provision, to be determined by NEXXTLAB, which comes as close as possible to the content and scope of the original provision.

NEXXTLAB reserves the right to modify and/or supplement these terms of use at any time. A price change can be made provided that you are informed at least two (2) months in advance via Smart Solutions.