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General Terms and Conditions

In force from 24 September 2024

Contents

  1. Introduction and Data Concerning the Service Provider
  2. Definitions
  3. Subject Matter
  4. Shelly Service (Shelly Fleet Manager)
  5. Subscription and Payment. Terms and Conditions
  6. Level of Service
  7. Rights and Obligations of the Service Client
  8. Liability
  9. Personal Data
  10. Intellectual Property
  11. Conditions for Using Shelly Fleet Manager Skill for Alexa Smart Properties
  12. Miscellaneous

1. Introduction and Data Concerning the Service Provider

1.1 Shelly Fleet Manager is a digital service for access management and control that is provided by Shelly Europe Ltd., registered in the Commercial Register at the Registry Agency with a seat and managing address in the city of Sofia, No 103 Cherni Vrah Blvd., Bulgaria, European Union.

1.2 Contact data during business days from 09:00 until 17:00 CET:
E-mail: fleet_manager@shelly.com

2. Definitions

2.1. Unless otherwise is indicated by the context, all terms used in these General Terms and Conditions, irrespective of whether they are in singular or in plural, shall have the meaning stated herein:

  • I. Shelly Service/Service — is a digital service branded Shelly Fleet Manager, consisting of web-based platform and mobile application, dedicated for business use, that allows remote access control and monitoring of Shelly Devices and the appliances to which these are attached.
  • II. Service Provider — shall mean the developer and owner of the Shelly Fleet Manager — Shelly Europe Ltd.
  • IIIa. Service Client — any legal entity, who has registered an Account with the Shelly Fleet Manager and who uses the Service for his/her/its own business needs.
  • IIIb. Service User — any person, who has registered an Account with the Shelly Fleet Manager and who uses the Service for or on behalf of the Client and for the purposes as prescribed by the Client.
  • IV. Shelly Devices — any smart device branded “Shelly” in the Plus and Pro series, in all models and modifications as specified by the Service Guideline.
  • V. Documentation — all required by law documents accompanying the Shelly Device, including any form of Client and Safety Guide attached thereto or available under the Knowledge base at https://kb.shelly.cloud/knowledge-base/, any other documentation regarding the use of the Service available at https://fleet.shelly.com/, as well as any available or additionally provided by the Service Provider API documentation.
  • VI. Website — The website of the Service with domain https://fleet.shelly.com/, including any related pages and subpages.
  • VII. Shelly Fleet Manager Assistant (Shelly FMA App) — is an application designed to seamlessly bridge the gap between Shelly devices and the Shelly Fleet Manager web platform Client account. Its primary function is to facilitate the integration of devices with an existing Client account.
  • IX. Terminal Device — any computer, laptop, tablet, mobile phone or other device through which the Service is accessed and used by the Service Client.
  • X. Subscription — term access to extended features of the Service upon payment of a fixed or individually agreed fee.
  • XI. Service Guideline — any instructions for usage of the Service that might be published on the Website or made available to the Service Client by any means of communications.
  • XII. Shelly Fleet Manager Skill — a skill that is certified and designed for the Alexa Smart Properties program that interacts with Amazon Alexa devices within the Alexa Smart Properties infrastructure.

3. Subject Matter

3.1. These General Terms and Conditions govern the relations between the Service Provider and each Service Client concerning the use of the Shelly Service.

3.2 These General Terms and Conditions, together with the Data Processing Agreement, form integral part of the Service Agreement signed between the Service Provider and the Service Client. The Service Agreement shall be deemed concluded upon written acceptance by the Service Provider of a subscription form sent by the Service Client.

3.3 These General Terms and Conditions are mandatory for all Service Clients.

3.4 By subscribing for the Service, the Service Client thereby declares that he/she has read, accepts, and is obliged to comply with these General Terms and Conditions together with the Data Processing Agreement thereto, unconditionally. The Service Client is further obliged to comply with all other conditions by the law, even if not explicitly mentioned in these General Terms and Conditions. In case the Service Client disagrees with these General Terms and Conditions or the Data Processing Agreement, he/she shall not use the Shelly Service.

3.5 The Service Provider shall not be liable if the Service Client has not read these General Terms and Conditions. The Service Provider shall not be liable for any damages and/or losses arising from non-compliance on the part of the Service Client with the provisions of these General Terms and Conditions and/or any applicable law.

3.6 The General Terms and Conditions may be amended unilaterally by the Service Provider at any time at its discretion or if the amendments are imposed by an effective statutory act without explicit prior notification to the Service Clients. These amendments enter into force immediately and are mandatory for all Service Clients, as of the date of their publishing by the Service Provider.

3.7 If any part of these General Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court and/or competent jurisdiction, such provision shall not affect the validity and enforceability of the other provisions of these General Terms and Conditions.

4. Shelly Service (Shelly Fleet Manager)

4.1 The Shelly Fleet Manager enables remote management, monitoring, and control management systems of Shelly Devices.

4.2 Shelly Devices can work standalone in a local Wi-Fi network, or they can also be operated through cloud automation services, such as Shelly Service, as well as any other similar mobile Service offered by other companies with which the Shelly Device is compatible. The usage of such cloud services mentioned is not a condition for the Shelly Device proper functioning.

4.3 For using the Service the Client's equipment shall meet the standard technical requirements for the Client's digital environment, including but not limited to a fully operational and equipped terminal device with monitor, processor, RAM, operating system, Internet connectivity, input facility, power supply, etc. A stable and persistent Internet connection is required for the proper functioning of the Service and the use of its features.

4.3.1 The usage of the Service requires the registration of a Client Account.

4.3.2 In order to add the desired Shelly Device(s) to the Client's Shelly Fleet Manager Account, the Client must use the services of the Shelly FMA App, which connects the devices to the Client's Shelly Fleet Manager Account. Each Shelly Device is associated with only one Client's Account. Each Service Client registers one Account for the Service that is applicable for both the web platform and the application.

4.4 The registration of a Client Account with the Shelly Service requires the following data about the Service Client:

  1. E-mail address
  2. Password

4.4.1 It is possible to register a Client Account on behalf of, or for the benefit of, an organization with which the Service Client is associated. In this case, the Service Client acknowledges that he/she has the legal right and/or authorization to bind that organization with these Terms. The Service Client will be asked to provide additional registration details, such as: company name, department and VAT number (if any).

4.4.2 The Service Client is responsible for maintaining the confidentiality of his/her Client Account and password and to the extent permitted by applicable law agrees to take responsibility for all activities that occur under his/her Account or password. Each Device possesses a unique ID number, which can be associated only with one Client Account. The Service Provider shall not be liable for any loss or damages occurred as result of any sharing initiated by the Service Client.

4.4.3 The Shelly Service provides the following basic features:

  1. An intuitive dashboard with a customizable home screen designed for smooth control
  2. Monitoring and control of facilities to which Shelly Devices were installed
  3. Setting up custom schedules and operational modes of the Shelly Device
  4. Support of plug-ins
  5. Configuring Shelly Devices and managing their settings individually
  6. Creating personalized scenes by combining Shelly Devices to trigger certain actions
  7. Setting-up smart timers and alarms
  8. Defining custom Groups where you can combine multiple devices and control them simultaneously
  9. Sharing the access and control of Shelly Device through the Service
  10. Setting up different operational modes depending on the type of Shelly Device

4.5.1 The Service Client should be aware that the available features and functions of the Service depend on (i) the specific Shelly Device(s) type and model, as well as (ii) the Service Client's Subscription plan, whereas not all features and functions might be available in respect of the specific device and the specific Subscription.

4.5.2 Due to the development of new models and upgrades of the Shelly Devices and the updates of the Service it is possible that features and functions of the Service may be missing, replaced with others or new ones might be available. The Service Provider is free to update or modify the Service and its features and functionalities from time to time as well as to disable certain functions or features or to enable new ones from time to time.

4.5.3 To improve the Client experience and optimize the Service, the Service Provider reserves the right but is not obliged to replace, modify, and update versions of the Service. When a new version of the Service is released, the Service Provider does not guarantee that older versions of the Service, including all their features, will continue to be available or fully operational.

4.5.4 The Service Provider shall not be held liable for any loss or damages that occurred as a result of replacement, modification, or update of the Service and/or its features, including but not limited to the unavailability, inaccessibility or lack of support to previous version(s) of the Service and/or its features.

4.5.5 The Service Provider uses reasonable care and skill to keep the Shelly Service operational. However, the Shelly Service features and their availability might change from time to time whereas these may experience interruptions due to technical difficulties, maintenance, security reasons, testing, necessary updates or other circumstances beyond the Provider's control. The Service Provider shall not be held liable for any loss or damages that occur as a result of any such unavailability or inaccessibility of the Service.

4.7 Conditions for the functioning of the Service:

  1. Proper installation and setup of Shelly Devices as per the technical requirements in the Documentation
  2. Proper setup of the Wi-Fi network and connectivity as per the Service Guideline and Documentation
  3. Configured Client accounts and access rights
  4. Successful setup of the Shelly Device(s) with the Service as per the Service Guideline
  5. Properly functioning Shelly Device(s)
  6. Stable Internet connectivity, including of the Wi-Fi network
  7. Usage of Terminal Device with the necessary technical capacity (software and hardware)
  8. Appropriate Internet, Bluetooth and Wi-Fi settings as per the Documentation
  9. Installed the latest available updates of the Service and the firmware of the Shelly Device(s), including security updates
  10. Further requirements as might be available in the Documentation

4.7.1 The Service Client shall ensure on his own the Internet connectivity and settings necessary for the proper operation of the Shelly Device(s) and the Service. The Service Provider shall not be liable for the improper functioning of the Service when it is due to lack of or low quality of Internet connectivity.

4.7.2 The Service Provider shall not be liable for any loss or damage that occur as a result of the improper functioning of the Shelly Service if any of the conditions stated in these General Terms and Conditions or the Documentation is not met.

4.7.3 The Service Provider shall not be liable for any lack of conformity of the Shelly Service caused by the failure of the Service Client to install the latest updates of the Service or the device's firmware.

4.7.4 The Service Provider shall not be responsible to the Service Client for payment of any compensation due to any loss or damages as a result of any Service outages or failures that are caused by third parties or events beyond the Service Provider's control.

4.7.5 The Service Provider is free at any time to change the terms and conditions under which the Service is provided. If there are changes that may negatively affect the Client, he/she will be notified in advance before these changes enter into force.

5. Subscription and Payment

5.1 Shelly Fleet Manager is a B2B paid service. The Service Client shall choose one of the Subscription plans available at the time of the registration. By subscribing for a free trial or prepaid subscription plan of the Shelly Service, the Service Client enters into a subscription agreement with the Service Provider.

5.2 The Shelly Service is provided only as subscription-based prepaid service for a definite period of time. The Service might be offered for free for a limited period of time (“free trial”).

5.3 The Free Trial provides free access to the Shelly Service only for a limited period of time and is intended to provide the Service Client the opportunity to test the Service and its features before deciding to subscribe.

5.3.1 The Free Trial is available only once per Account and cannot be renewed or newly subscribed after it has expired or after a prepaid subscription was terminated.

5.3.2 By subscribing for a prepaid subscription the Client is automatically provided with 30 days free trial period and is going to be charged with the subscription fee only if the Client hasn't canceled his/her Service subscription before the expiry of the free trial period.

5.4 The Service Client can choose among different Subscription plans depending on the scale of the facility to be monitored and the number of Devices. All Subscription fees are charged on a monthly basis. The monthly payments are automatically debited from debit or credit cards and other allowed payment platforms.

5.5 The Shelly Service is prepaid whereas the Service Client is charged with the subscription fee on the first day of the subscription period.

5.6 In case the Client has terminated the subscription before the expiry of the subscription plan, the Client is not entitled to refund of the subscription fee for the rest of the subscription period but can further use the Shelly Service for the rest of the pre-paid subscription period.

5.7 All subscription fees are stated and paid in Euro (EUR). All subscription fees are final and inclusive of the applicable VAT.

5.8 The subscription fee is paid online by credit/debit card or any online payment service available at the time of the subscription's registration.

5.9 Payment details are not accessible for the Service Provider, nor will they be stored by it in any form whatsoever. The Service Provider only receives the payment from the respective payment services provider and shall not be liable for its actions.

5.10 The Client is made aware of the applicable subscription fee before subscribing and before being bound to the relevant Subscription.

5.11 The Client may unsubscribe or upgrade to another subscription at any time during the subscription period.

5.12 If Shelly Fleet Manager is not able to debit the due advance payment, Shelly Fleet Manager will suspend the access of the Service Client to the Services. The period of service suspension is not recoverable.

5.13 You may cancel your subscription at any time by initiating the cancellation on the Shelly Fleet Manager platform. Previously paid amounts and the subscription fee for the rest of the subscription period are not refundable.

5.14 We reserve the right to charge additional fees for additional services and plugin features beyond the subscription plan, based on individual offer agreed in advance with the Client in writing. We reserve the right to modify our fees at any time. Any changes in the Subscription Fees shall only apply as of the next Subscription period following the current Subscription period.

6. Level of Service

6.1 The Service Provider will do its best to ensure the compliance of the Service with its purpose, technical specifications (such as functionality, compatibility, interoperability and other features) as per these General Terms and Conditions and related Documentation.

6.2 Notwithstanding anything of the foregoing, the Service Provider does not guarantee that the Service will be operational without any disruptions, bugs or errors.

Please note: Some features of the Service might be indicated as “BETA” version which means that such features contain most of the major technical specifications for their functioning, but are not yet complete and might contain several known or unknown bugs. The Service Provider shall not be liable for any loss or damage that might have occurred as a result of any bugs of the BETA version.

6.3 Shelly Fleet Manager shall not be considered as non-conformant when the conditions for the functioning of the Service were not met by the Client, as well as when the non-conformity is due to reasons beyond the control of the Service Provider.

6.4 In case of non-conformity of the Service, the Service Client is entitled to terminate this service agreement immediately by ceasing to pay the Service. The Client is not entitled to any compensation whatsoever related to the termination.

7. Rights and Obligations of the Service Client

7.1 By using the Service, the Service Client is obliged to comply with these General Terms and Conditions, as well as with all other conditions imposed by applicable laws and international law. The Service Provider grants to the Service Client limited, non-exclusive, revocable permission to make personal, non-commercial use of the Shelly Service.

7.2 The Service Provider has the right at its own discretion to suspend, prohibit or limit access to the Service temporarily or permanently in case of an established or assumed abuse by the Service Client or third parties, as well as in compliance with an order of a competent authority and/or in fulfilment of a statutory obligation and in cases of unusually high traffic and other technical grounds and security reasons.

7.3 The Service Client is solely responsible for his/her activity and interactions with the Service, including for keeping his/her account password safe.

7.5 The Service Client shall not:

  1. Use the Service in any way that could damage the Service or the Service Provider's general business, rights and interests of third parties
  2. Use any “deep-link”, “robot”, or other automatic or manual device to access, copy or monitor any portion of the Service
  3. Gain or attempt to gain unauthorized access to any portion or features of the Service or any other system or network connected to the Service
  4. Probe, scan or test the vulnerability of the Service or any network connected to the Service
  5. Use any device, technology or method to interfere or attempt to interfere with the proper functioning of the Service

7.6 In case of violation of the Terms and Conditions by the Service Client, the Service Provider shall reserve the right to prohibit, suspend access to the Service temporarily or permanently.

7.9 To the extent permitted by the law, in any case when Service Provider's liability might be engaged, its liability shall be limited to the total amount of the subscription fees for the last one year before the event of damage.

8. Liability

8.1 The Service Provider might release from time-to-time updates of the Service. The Service Client is solely responsible for installing the offered updates.

8.2 The Service Provider shall not be held liable for any loss or damages in case any malfunctions of the Service occur due to the usage of out-of-date version of the Service.

8.3 The Service Provider shall not be held liable for any loss suffered by the Service Client due to reasons beyond Service Provider's reasonable control such as communication line failures, technical problems, network or mobile terminal device failures, system instability issues, and any force majeure factors.

8.4 The Service Provider does not undertake responsibility for the availability of and/or the data processing by third-party services with which the Service Client has voluntarily shared access to his/her Client Account or Shelly Device.

8.5 The Service Provider does not represent, warrant or guarantee the accuracy, completeness or timeliness of the Service and shall not be liable for any loss or damages related to the lack or incorrectness of the Service and the information provided thereby.

8.6 The Service Provider shall not be held liable in the event that the Shelly Service is temporarily or permanently not available, as well as for any loss and/or damages suffered by the Client due to hacker attacks, harmful viruses and/or other external interference beyond Service Provider's control.

8.7 In case of any malfunctions, the Service Client may contact the Shelly Support Team at fleet_manager@shelly.com.

8.8 Unless otherwise provided by the law, any possible liability of the Service Provider related to the Service under these General Terms and Conditions shall be limited to the amount of one monthly Subscription fee as per the Subscription plan that was chosen by the Client.

9. Personal Data

9.1 In the course of using the Service, grounds for collection of personal data may arise. In reference to data processing in context of the Service, the Service Provider acts as data processor based on Data Processing Agreement as integral part of this General Terms and Conditions.

9.2 The Service Client must use the Service in good faith and not to use it in a way which might harm or put in danger the rights and legitimate interests of third parties. The Shelly Service is developed to guarantee safety and security and is not intended for unlawful purposes and misuse.

10. Intellectual Property

10.1 The Service Provider has and retains all its rights over the intellectual property on or related in some way to the Shelly Devices and/or the Service, including but not limited to its software, interface, content, functionalities, logos, graphic images, commercial symbols, texts, multimedia content, domains, algorithms, documentation (including API documentation), know-how and trade secrets.

10.2 All Shelly trademarks, service marks, trade names, logos, domain names, and any other features of the Shelly brand are sole intellectual property of the Service Provider. These General Terms and Conditions do not grant the Service Client any rights to use any Shelly Brand Features.

10.3 The Service is licensed, not sold or transferred to the Service Client. The Service Client is not entitled to reproduce, copy, decompile, disassemble, reverse engineer, create derivative works or modify any part of the Service.

10.3.4 The Service Provider is not liable for any indirect, incidental, or consequential damages, including data loss or profit loss, from using the Shelly Fleet Manager. The Service Provider shall not be responsible for any related failures or errors beyond its reasonable control.

11. Conditions for Using the Shelly Fleet Manager Skill for Alexa Smart Properties

11.1 By using Shelly Fleet Manager Skill for Alexa Smart Properties, the Service Client agrees to these Terms and Conditions, which also constitute an agreement between the Service Client and Shelly Europe Ltd. Before using Shelly Fleet Manager Skill for Alexa Smart Properties, the Client must read these Terms as well as the Terms of Use for Alexa by Amazon.

11.2 To use the Shelly Fleet Manager Skill, the Client must provide an Amazon Alexa-enabled device connected to an Amazon account, with the Shelly Fleet Manager Skill enabled through the Alexa application. By doing so, the Client grants permission to Alexa to retrieve and control the Client's fleet information.

11.2.1 Voice Control: You are solely responsible for ensuring that no unauthorized users can access your fleet data through Alexa.

11.2.2 Security: You must take reasonable precautions to ensure that your Amazon Alexa device is not accessible to unauthorized individuals.

11.2.3 Accuracy of Information: The accuracy and completeness of the data delivered through the Skill depend on the information you provide and your use of the Shelly Fleet Manager service.

11.4 The Service Provider makes no guarantees regarding the functionality, reliability, or availability of the Shelly Fleet Manager Skill for Alexa Smart Properties. The Skill is provided “AS-IS” without any warranties, whether express or implied.

12. Miscellaneous

12.1 These Terms and Conditions may be amended or modified unilaterally by the Service Provider at any time at its sole discretion without explicit prior notification. Such amendments shall be effective immediately and shall be binding for the Service Clients as of the moment these were communicated by any means. Amendments may have retroactive effect. The continued use of the Service following the implementation of amendments will constitute binding acceptance by the Service Client.

12.2 All disputes arising out of the implementation of or in connection with these Terms and Conditions shall be settled by mutual negotiation. In the event of failure to reach a mutual agreement, for Service Clients who are EU citizens or have habitual residence in the EU, you enjoy the protection afforded to you by mandatory provisions of the law of your country of residence, and may bring a claim to enforce your rights at the court in the EU country in which you live.

Disclaimer

THE SHELLY FLEET MANAGER SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICE OR THE USE OR OTHER DEALINGS IN THE SERVICE. THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.