SEMT (Sustainable Energy Management Technology) B.V. – Energy Butler
Version: September 2026. Last updated 3 September 2026. This version replaces the version dated August 2026 and applies to Orders placed from the date of its publication on energy-butler.eu.
Changes from the August 2026 version are limited to: the contact details in Articles 1, 33 and 39; the policy URL added to Article 22.1; new Articles 2.4, 4.6, 15.7, 18.6, 19.5, 22.4 and 33.4 covering online accounts, the online checkout and personal data; and the removal of the editorial note at the end of Article 39. All other articles are unchanged.
1. Company Information
These General Conditions of Sale and Services (“Conditions”) apply to products and services supplied under the Energy Butler name by:
SEMT (Sustainable Energy Management Technology) B.V.
Nieuwe Gracht 3
2011 NB Haarlem
The Netherlands
Chamber of Commerce (KVK) number: 97705640
E-mail: office@semt.work
Hereinafter referred to as “SEMT”, “we”, “us” or “our”.
The business purchasing or using the Services is referred to as the “Customer”.
2. Business-to-Business Application
2.1. Energy Butler is offered primarily for professional and business use. These Conditions are intended for agreements entered into by Customers acting in the course of a business, trade, profession or commercial activity.
2.2. By placing an Order, the Customer represents that it is acting for business purposes and that the person placing or accepting the Order is authorised to bind the Customer.
2.3. If, notwithstanding the above, mandatory consumer-protection legislation applies to a particular Customer or transaction, nothing in these Conditions excludes or restricts rights that cannot lawfully be excluded or restricted.
2.4. A person who creates an Energy Butler account or activates a subscription online confirms that the account is used for business purposes on behalf of the Customer named in the account, and that they are authorised to accept these Conditions on the Customer’s behalf. Where such a person acts as a consumer, Article 2.3 applies.
3. Scope and Order of Precedence
3.1. These Conditions apply to all quotations, proposals, Orders, subscriptions, software licences, installation activities, consultancy, support, maintenance and other products or services supplied by SEMT in connection with Energy Butler.
3.2. Specific commercial and technical arrangements may be set out in a quotation, order confirmation, statement of work, subscription plan, licence agreement or Service Level Agreement (“SLA”), collectively referred to as an “Order”.
3.3. In the event of a conflict, the following order of precedence applies:
- a separately signed agreement or SLA;
- the accepted quotation or Order;
- these Conditions;
- information appearing elsewhere on the website or in promotional material.
3.4. Statements contained on the website, in presentations, simulations, demonstrations, brochures, advertisements, case studies or other promotional materials do not create a contractual guarantee or warranty unless expressly incorporated into an accepted Order.
3.5. Any general purchasing conditions or other terms of the Customer are excluded unless SEMT expressly accepts them in writing.
4. Quotations and Formation of the Agreement
4.1. Unless expressly stated otherwise, quotations, proposals, simulations, calculations and commercial indications issued by SEMT are non-binding invitations to place an Order.
4.2. A quotation is valid for the period stated in that quotation. If no period is stated, SEMT may withdraw or amend it before acceptance.
4.3. An agreement is formed only when SEMT has accepted the Customer’s Order, issued an order confirmation, countersigned an agreement, or commenced performance following an agreed Order.
4.4. SEMT may decline an Order before acceptance without being required to provide a reason.
4.5. Obvious clerical, typographical, calculation, pricing or technical errors do not bind SEMT and may be corrected.
4.6. For a subscription activated through the online checkout in the Energy Butler app, the agreement is formed when SEMT confirms receipt of the first payment. The plan, price, term, renewal and notice period shown to the Customer before payment together constitute the Order.
5. Description of Energy Butler
5.1. Energy Butler is a software-based energy-management and optimisation solution that may interact with compatible energy infrastructure, including batteries, solar installations, meters, inverters, network connections and associated systems.
5.2. The exact functionality, subscription level, location, number of installations, integrations, data services and support services included for a Customer are determined exclusively by the applicable Order.
5.3. Features, interfaces, algorithms, dashboards and technical methods may evolve over time.
5.4. Unless expressly agreed otherwise, the Customer receives only a limited right to use Energy Butler for its own internal business purposes during the applicable subscription or licence period.
5.5. No ownership of the Energy Butler software, algorithms, source code or intellectual property is transferred to the Customer.
6. No Guarantee of Financial, Energy or Operational Results
6.1. Energy markets, weather conditions, electricity consumption, electricity production, network conditions, equipment performance, tariffs, taxes, regulations and other relevant circumstances are variable and may be outside SEMT’s control.
6.2. Accordingly, SEMT does not guarantee any particular:
- reduction in electricity or network costs;
- percentage saving;
- increase in return or profitability;
- return on investment;
- payback period;
- revenue from electricity trading or feed-in;
- reduction or elimination of peak demand;
- reduction in grid consumption;
- level of self-sufficiency or energy independence;
- battery performance or battery lifetime;
- solar production;
- energy price;
- financial result;
- network-capacity result; or
- other commercial, financial or operational outcome.
6.3. Any savings figures, forecasts, optimisation percentages, payback calculations, simulations, scenarios, examples, case studies or historical results are illustrative or indicative only.
6.4. Historical results achieved by another customer, site or installation do not indicate or guarantee future results for the Customer.
6.5. Forecasts and optimisation decisions are dependent on available data and assumptions. Actual conditions may differ materially from forecasts.
6.6. The Customer remains responsible for evaluating whether Energy Butler is commercially and technically suitable for its business.
7. Forecasts, Data and Automated Decisions
7.1. Energy Butler may use forecasts or third-party data concerning matters such as energy prices, weather, solar production, consumption or network conditions.
7.2. SEMT does not guarantee that such information will be complete, continuous, current, error-free or accurate.
7.3. Automated optimisation is based on available inputs, configured parameters and technical constraints. An optimisation calculated by the software does not necessarily represent the economically optimal outcome with the benefit of hindsight.
7.4. The Customer acknowledges that changing circumstances, inaccurate measurements, communications failures, third-party data errors and equipment behaviour can affect automated decisions.
7.5. Output provided through Energy Butler is not investment, financial, tax, legal, regulatory or electricity-trading advice.
8. Customer Infrastructure and System Requirements
8.1. The Customer is responsible for ensuring that its site, internet connection, electrical installation, hardware, network environment and associated infrastructure satisfy the applicable technical requirements.
8.2. Hardware compatibility may depend on manufacturer, model, firmware, communications protocol, configuration and other technical factors.
8.3. A reference to a manufacturer, product or type of equipment as compatible does not constitute an unconditional guarantee that every model, firmware version or configuration from that manufacturer will function with Energy Butler.
8.4. Compatibility may be confirmed as part of a technical assessment or Order.
8.5. Unless expressly included in the Order, the Customer is responsible for acquiring, maintaining and replacing the hardware and connectivity required to operate Energy Butler.
8.6. The Customer shall not install unrelated workloads or make technical modifications to dedicated Energy Butler equipment where those changes may interfere with the operation, security or maintenance of Energy Butler.
9. Customer Responsibilities
The Customer is responsible for:
a. providing accurate and sufficiently complete information required for configuration and operation; b. ensuring lawful and safe operation of its electrical installation; c. obtaining any permits, approvals, network permissions, energy contracts or third-party consents required for its activities; d. maintaining its batteries, solar equipment, inverters, meters, networking equipment and other infrastructure; e. maintaining appropriate internet, local-network and electrical connectivity; f. keeping account credentials secure; g. informing SEMT of material changes to its installation that may affect Energy Butler; h. ensuring that persons interacting with the system have appropriate authority and competence; i. complying with applicable laws, regulations, grid-code requirements, supplier agreements and manufacturer requirements; and j. maintaining appropriate contingency arrangements for business-critical processes.
10. Installation and Activation
10.1. Any installation, configuration, integration or activation date communicated by SEMT is an estimate unless a specific binding deadline is expressly stated in an accepted Order.
10.2. Installation and activation depend on site readiness, Customer cooperation, hardware compatibility, access, connectivity, third-party systems and other technical circumstances.
10.3. Delays caused by the Customer, a third party, incompatible infrastructure, unavailable equipment, missing access or circumstances outside SEMT’s reasonable control may affect the implementation schedule.
10.4. Additional work resulting from undisclosed, unexpected or non-standard site conditions may be charged separately where agreed with the Customer.
10.5. Electrical or other specialist work that is not expressly included in SEMT’s Order may be performed by third parties and may be subject to separate conditions.
11. Customer Control and Safety
11.1. The Customer remains responsible for the operation and safety of its physical installation.
11.2. Energy Butler does not replace electrical protection equipment, legally required safety devices, emergency systems, professional maintenance or manufacturer safety mechanisms.
11.3. Where manual override or intervention functionality is available, the Customer is responsible for deciding whether and when to use it.
11.4. The Customer must not use Energy Butler in a manner that could reasonably create an unsafe condition, breach applicable technical limits or violate third-party agreements.
11.5. SEMT may restrict or suspend automated control where this is reasonably considered necessary for security, safety, legal compliance or protection of the system.
12. Third-Party Products and Services
12.1. Energy Butler may interact with products, software, APIs, communications services, electricity-price feeds, weather services, network operators, energy suppliers and other services operated by third parties.
12.2. SEMT does not control those third parties and is not responsible for their availability, accuracy, compatibility, conduct, changes, interruptions or discontinuation.
12.3. A third party may modify or withdraw an interface, API, product, tariff or service on which an Energy Butler function depends.
12.4. SEMT may adapt, replace, restrict or discontinue an affected integration or function if reasonably necessary as a consequence of a third-party change.
12.5. Third-party products or services purchased directly by the Customer are governed by the Customer’s agreement with the relevant third party.
13. Prices and Taxes
13.1. The applicable fees are those specified in the accepted Order.
13.2. Unless expressly stated otherwise, prices quoted to business Customers are exclusive of VAT and any other applicable taxes, duties or government charges.
13.3. Additional services, integrations, hardware, installation work, export functionality, travel, specialist work or other items not included in the Order may be invoiced separately if ordered by the Customer.
13.4. Website pricing may be changed for future Orders. A price change displayed on the website does not retrospectively alter a price already contractually agreed for a current fixed term.
13.5. Prices applicable to a renewal may be changed where permitted by the applicable Order and applicable law, subject to any notice requirements stated in the Order.
14. Invoicing and Payment
14.1. Invoice frequency, advance payments and payment terms are determined by the applicable Order.
14.2. The Customer shall pay undisputed invoices within the agreed payment period.
14.3. The Customer must notify SEMT promptly of a bona fide invoice dispute and identify the disputed amount and grounds for the dispute.
14.4. An invoice dispute does not relieve the Customer from paying amounts that are not genuinely disputed.
14.5. In the event of late payment, SEMT may charge statutory commercial interest and reasonable collection costs to the extent permitted by applicable law.
14.6. SEMT may suspend affected Services following non-payment where legally permitted and after giving any notice required by the agreement or applicable law.
15. Subscription Term, Renewal and Cancellation
15.1. The initial subscription or licence term is the term stated in the applicable Order.
15.2. Rights to cancel for convenience, applicable notice periods and any automatic-renewal provisions are only those expressly specified in the applicable Order or checkout terms accepted by the Customer.
15.3. Where an Order provides for automatic renewal, the agreement renews in accordance with the renewal period and notice requirements stated in that Order.
15.4. Unless the applicable Order expressly grants an early termination right, a fixed-term subscription cannot be terminated for convenience before the end of the agreed term.
15.5. Failure to use Energy Butler does not by itself terminate the subscription or remove payment obligations.
15.6. Any upgrade, downgrade, expansion or change of plan is subject to SEMT’s acceptance and any commercial conditions agreed for that change.
15.7. Where an Order was concluded through the online checkout, the Customer may stop the automatic renewal from the Energy Butler app at any time before the notice date shown there. The subscription then ends at the end of the current term. A subscription so ended may be reactivated from the app before that date.
16. Service Levels and Support
16.1. Standard support does not include a guaranteed response time, resolution time, uptime percentage or service credit unless expressly agreed otherwise.
16.2. Any guaranteed service level applies only where it is expressly set out in a separate SLA or Order.
16.3. A response-time commitment, where agreed, is a commitment to provide an initial response within the specified period and does not constitute a guarantee that an issue will be resolved within that same period unless expressly stated otherwise.
16.4. SLA exclusions, measurement methods, business hours, severity levels and remedies are determined by the applicable SLA.
17. Availability, Maintenance and Updates
17.1. Unless expressly provided in an SLA, Energy Butler is supplied without a guaranteed level of uninterrupted availability.
17.2. Availability may be affected by maintenance, updates, internet connectivity, electrical outages, hardware failures, third-party systems, cybersecurity events or other circumstances.
17.3. SEMT may perform maintenance, patches, security updates, technical modifications and software updates.
17.4. SEMT may modify functionality where reasonably necessary for security, compliance, compatibility, technical development or continued operation.
17.5. SEMT may discontinue obsolete functionality where necessary, provided that any material contractual obligations expressly stated in an existing Order remain subject to that Order.
18. Data
18.1. The Customer retains its rights in data originating from its own installation, subject to the rights necessary for SEMT to provide the Services.
18.2. The amount, location and duration of data storage depend on the applicable subscription, technical configuration and Order.
18.3. The Customer is responsible for exporting or retaining copies of data where long-term retention is important to its business, unless long-term retention is expressly included in the applicable Order.
18.4. Data may be overwritten, aggregated, rotated or deleted in accordance with the applicable service configuration, retention period and legal obligations.
18.5. The Customer should not treat Energy Butler as its sole archival or statutory recordkeeping system unless this is expressly agreed.
18.6. Personal data of the Customer’s users is handled as described in the Privacy Policy. A user can download a copy of the personal data held about them from the Energy Butler app, and can request erasure as described in the Privacy Policy. Erasure of a user does not delete the Customer’s site data, invoices or the audit trail.
19. Accounts and Cybersecurity
19.1. Access credentials are personal to the authorised Customer users and must be protected against unauthorised use.
19.2. The Customer is responsible for activity performed through its accounts where such activity results from credentials or access under the Customer’s control, except to the extent caused by SEMT.
19.3. The Customer must promptly notify SEMT if it becomes aware of compromised credentials, unauthorised access or a security issue affecting Energy Butler.
19.4. No connected software or communications system can be guaranteed to be entirely free from cybersecurity risks.
19.5. By creating an account or activating a subscription in the Energy Butler app, the user accepts the version of these Conditions and of the Privacy Policy identified on the screen at that moment. SEMT records the accepted versions and the time of acceptance.
20. Intellectual Property Rights
20.1. All intellectual property rights in Energy Butler and associated software, algorithms, models, documentation, interfaces, designs, databases, trademarks and know-how remain vested in SEMT or its licensors.
20.2. Subject to payment of applicable fees, the Customer receives a non-exclusive, non-transferable and limited right to use the contracted version of the Services for its internal business purposes during the applicable term.
20.3. Except to the extent expressly permitted by mandatory law, the Customer may not:
- copy or redistribute the software;
- provide access to unauthorised third parties;
- sell, sublicense or commercially exploit the software;
- reverse engineer, decompile or attempt to obtain source code;
- circumvent technical restrictions or security controls; or
- remove proprietary notices.
20.4. Feedback or suggestions voluntarily supplied by the Customer may be used by SEMT without restriction, provided that SEMT does not disclose the Customer’s confidential information in doing so.
21. Confidentiality
21.1. Each party shall treat non-public commercial, financial and technical information received from the other party as confidential where the confidential nature of the information is evident or has been identified.
21.2. Confidential information may be disclosed to employees, advisers, contractors and service providers who reasonably require access and are subject to appropriate confidentiality obligations.
21.3. Confidentiality obligations do not apply to information that:
a. was lawfully known without restriction before disclosure; b. becomes public without breach of the agreement; c. is lawfully received from another source without confidentiality obligations; or d. must be disclosed by law or competent authority.
22. Privacy
22.1. Personal data is processed in accordance with SEMT’s applicable Privacy Policy, published at energy-butler.eu/privacy-policy/, and applicable data-protection legislation.
22.2. Where the nature of the Services requires a separate data-processing agreement under applicable law, the parties may enter into such an agreement.
22.3. The Privacy Policy does not replace the commercial provisions of these Conditions.
22.4. SEMT is the controller for account, contract and platform-operation data. Where the Customer requires SEMT to process personal data on the Customer’s behalf and under its instructions, a data-processing agreement is available on request from office@semt.work.
23. Suspension
23.1. SEMT may suspend all or part of the Services where reasonably necessary because of:
- material non-payment;
- a material breach of the agreement;
- a cybersecurity or safety risk;
- unlawful use;
- use that may damage the Service or third-party systems;
- a requirement imposed by law or a competent authority; or
- circumstances in which continued automated operation could reasonably present a technical or safety risk.
23.2. Where reasonably practicable and legally appropriate, SEMT will provide notice of suspension.
23.3. Suspension does not waive any other contractual rights.
24. Termination for Breach
24.1. Either party may terminate an agreement where the other party materially breaches the agreement and, where the breach is capable of remedy, fails to remedy it within a reasonable period after written notice.
24.2. Either party may terminate with immediate effect where the other party enters bankruptcy, liquidation or an equivalent insolvency procedure, to the extent permitted by applicable law.
24.3. SEMT may terminate or suspend the agreement where continued provision of the Services becomes unlawful.
24.4. Termination does not affect rights and payment obligations accrued before the termination date.
25. Consequences of Expiry or Termination
25.1. Upon expiry or termination, the Customer’s licence to use Energy Butler ends unless otherwise agreed.
25.2. The Customer remains liable for amounts properly due up to the effective termination date and for any other amounts payable under the applicable Order.
25.3. The Customer should export any Customer data available for export before expiry or termination.
25.4. SEMT may remove or delete data after expiry or termination in accordance with the applicable retention policy, Privacy Policy and legal obligations.
25.5. Provisions that by their nature are intended to survive termination, including provisions concerning intellectual property, confidentiality, accrued payment obligations and limitations of liability, remain effective.
26. Limited Warranty and Disclaimer
26.1. SEMT’s contractual obligations are limited to those expressly stated in the applicable Order and these Conditions.
26.2. To the maximum extent permitted by law, no additional warranty, representation, condition or guarantee is given regarding Energy Butler or its results.
26.3. In particular, SEMT does not warrant that:
- the Services will be uninterrupted or error-free;
- every error will be corrected;
- forecasts will correspond to actual future circumstances;
- all third-party equipment will remain compatible;
- all energy-market opportunities will be identified or captured;
- use of the Services will produce a particular financial outcome; or
- the Services are suitable for every business-critical or safety-critical application.
26.4. Any mandatory rights or obligations that cannot lawfully be excluded remain unaffected.
27. Liability
27.1. Nothing in these Conditions excludes or limits liability to the extent such liability cannot lawfully be excluded or limited.
27.2. Subject to Article 27.1, SEMT is not liable for indirect, incidental, consequential or special loss, including loss of profit, revenue, anticipated savings, production, business opportunity, goodwill or use, except where exclusion of such loss is not permitted by mandatory law.
27.3. Subject to Article 27.1, SEMT is not liable for losses resulting from:
- fluctuations in energy prices;
- incorrect or incomplete Customer data;
- weather forecasts or third-party data;
- acts or omissions of energy suppliers, network operators or other third parties;
- equipment owned or controlled by the Customer or a third party;
- internet or communications failures outside SEMT’s control;
- unauthorised Customer modifications;
- use contrary to documentation or instructions;
- Customer override decisions;
- changes in legislation, tariffs or market rules; or
- circumstances that SEMT could not reasonably control.
27.4. To the maximum extent permitted by law, SEMT’s aggregate contractual and non-contractual liability arising out of or in connection with an Order shall not exceed the total fees paid or payable by the Customer to SEMT under that Order during the twelve months immediately preceding the event giving rise to the claim.
27.5. If the relevant Order has existed for less than twelve months when the event occurs, the cap shall not exceed the fees paid or payable for that shorter period.
27.6. The limitations in this Article do not apply where and to the extent their application would be prohibited by mandatory law, including liability resulting from intentional misconduct or deliberate recklessness where such liability cannot legally be limited.
27.7. The Customer shall take reasonable measures to limit and mitigate any loss.
28. Customer Misuse and Third-Party Claims
28.1. The Customer is responsible for unlawful or unauthorised use of Energy Butler under its control.
28.2. To the extent permitted by law, the Customer shall indemnify SEMT against third-party claims directly resulting from the Customer’s unlawful use, intentional misuse, unauthorised modification or violation of third-party rights, except to the extent the claim results from SEMT’s own acts or omissions.
29. Force Majeure
29.1. Neither party is liable for delay or failure to perform an obligation, other than an accrued payment obligation, to the extent caused by circumstances beyond its reasonable control.
29.2. Such circumstances may include electricity or telecommunications outages, internet failures, natural disasters, fire, flooding, war, civil disturbance, government action, cyberattacks, widespread infrastructure failure, supply-chain disruption, labour disruption or failure of essential third-party services.
29.3. The affected obligation is suspended for the duration and extent of the force-majeure event.
29.4. If the event continues for such a period that continued performance can no longer reasonably be expected, either party may terminate the affected part of the agreement subject to applicable law and any specific provisions of the Order.
30. Subcontractors
30.1. SEMT may use subcontractors, professional advisers, technology providers and other service providers in connection with the Services.
30.2. Use of a subcontractor does not by itself create a contractual relationship between the Customer and that subcontractor.
30.3. Where the Customer directly purchases third-party work or equipment, that purchase may instead constitute a separate agreement between the Customer and the relevant third party.
31. Assignment
31.1. The Customer may not assign or transfer the agreement without SEMT’s prior written consent, which shall not be unreasonably withheld where applicable law so requires.
31.2. SEMT may assign the agreement as part of a merger, restructuring, financing transaction or transfer of the relevant business, subject to applicable law.
32. Changes to These Conditions
32.1. SEMT may update these Conditions for future Orders.
32.2. Changes do not retrospectively alter an existing fixed-term agreement unless:
a. the Customer expressly accepts the change; b. the applicable Order permits the change; or c. the change is permitted or required by applicable law.
32.3. Where a material change is intended to apply to an existing continuing agreement, SEMT will provide such notice as is required by the agreement and applicable law.
33. Communications and Notices
33.1. Operational communications may be sent electronically using the contact details supplied by the Customer.
33.2. The Customer is responsible for keeping its business and billing contact information current.
33.3. Formal termination notices or other formal notices must be submitted using a method permitted by the applicable Order or otherwise agreed between the parties.
33.4. Notices to SEMT may be sent to office@semt.work or to the postal address in Article 1. SEMT sends notices to the e-mail address registered on the Customer’s account.
34. Entire Agreement
34.1. The applicable Order, these Conditions and any documents expressly incorporated into them constitute the agreement between the parties concerning the subject matter of that Order.
34.2. The Customer does not rely on statements, projections or representations not expressly incorporated into the agreement.
34.3. Nothing in this Article excludes liability for fraud or fraudulent misrepresentation where such liability cannot legally be excluded.
35. Severability
If any provision of these Conditions is held invalid or unenforceable, the remaining provisions remain effective. The invalid provision shall, where legally possible, be replaced or interpreted in a manner that most closely reflects its lawful commercial purpose.
36. No Waiver
A failure or delay by either party to exercise a contractual right does not constitute a waiver of that right.
37. Governing Law
37.1. These Conditions and all agreements between SEMT and the Customer are governed by the laws of the Netherlands, excluding conflict-of-law rules to the extent such exclusion is legally permitted.
37.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply, to the extent its exclusion is permitted and relevant to the agreement.
38. Jurisdiction
38.1. Subject to any mandatory jurisdiction rules, disputes arising from or relating to these Conditions or an agreement with SEMT shall be submitted to the competent court in the Netherlands having jurisdiction over SEMT’s registered place of business.
38.2. Before commencing proceedings, the parties are encouraged to attempt in good faith to resolve the dispute through direct business discussions, without this restricting any party’s right to seek urgent legal relief.
39. Contact
Questions concerning these Conditions may be directed to:
SEMT (Sustainable Energy Management Technology) B.V.
Nieuwe Gracht 3
2011 NB Haarlem
The Netherlands
KVK: 97705640
VAT identification number: NL868193318B01
E-mail: office@semt.work
END OF GENERAL CONDITIONS OF SALE AND SERVICES