TERMS OF USE – WISERMETER LLC (GLOBAL)
Last updated: September 18, 2025
Revision note (internal — remove before publishing): Single change to Clause 8.1: removed the parenthetical "(or its licensors)" to unambiguously establish WiserMeter LLC as the sole IP holder of the Platform. The previous wording left open the interpretation that a third-party licensor (e.g., a related entity) might be the true owner. No other clauses were modified.
IMPORTANT: By creating an account, accessing the Platform with login and password, or using the services in any way, you confirm that you have read, understood, and fully agreed to these Terms of Use.
1. Service Scope (SaaS)
1.1. WiserMeter grants the Customer a limited, non-exclusive, non-transferable, and revocable license to remotely access and use the Platform (SaaS model), without source code delivery, know-how disclosure, or transfer of technology.
1.2. WiserMeter may modify, enhance, suspend, or discontinue features at its sole discretion, using reasonable efforts to notify the Customer when appropriate.
2. Account, Acceptance, and Term
2.1. Acceptance of these Terms is automatic and tacit from the moment the Customer: creates an account, accesses the Platform with login and password, or uses the services provided by WiserMeter.
2.2. The subscription is recurring/monthly, unless otherwise agreed in a proposal or order form.
2.3. The Customer is responsible for accurate registration data, management of authorized users, and confidentiality of credentials.
3. Pricing, Billing, and Payments
3.1. Pricing, billing cycle, and payment methods (e.g., local processors, intermediaries, cards) are defined in the applicable proposal, order form, or pricing page.
3.2. WiserMeter may issue an invoice after payment confirmation by the intermediary or according to the subscription cycle.
3.3. All amounts are exclusive of any taxes, duties, levies, or third-party charges.
4. Taxes and Local Compliance (Global)
4.1. WiserMeter is a U.S. company that commercializes software and digital services in multiple countries.
4.2. The Customer is solely and exclusively responsible for reviewing, assessing, withholding, declaring, and paying any taxes, duties, contributions, or compliance obligations required under the laws of the country/location where the Customer is established and/or uses the Platform.
4.3. WiserMeter does not provide tax advice and assumes no responsibility for taxes outside the U.S.
5. Support and SLA
5.1. SLA (high industry standard): target of 99.9% monthly uptime, excluding scheduled maintenance windows, force majeure events, third-party provider failures, public network issues, and events beyond WiserMeter's reasonable control.
5.2. Support (small business standard, Wyoming MDT time zone): available Monday to Friday, 9am–6pm MDT, except U.S. public holidays, via channels indicated in the Platform. Critical incidents outside business hours will be handled on a best-effort basis.
5.3. WiserMeter may perform scheduled maintenance (with prior notice when possible) and adopt technical measures necessary for security and service stability.
6. Acceptable Use
6.1. The Customer shall not: bypass technical controls; reverse engineer; access without authorization; use for illegal purposes; overload or misuse the Platform; or redistribute or sublicense without authorization.
6.2. WiserMeter may suspend or limit access in case of security risks, suspected abusive use, or breach of these Terms.
7. Suspension and Termination for Non-Payment
7.1. In case of payment delay or breach of legal obligations by the Customer (including tax obligations under its responsibility), WiserMeter may suspend access after 15 (fifteen) days of non-payment.
7.2. WiserMeter may terminate the contract and cancel access after 60 (sixty) days from the due date of the unpaid amount, with no refund of amounts already paid.
7.3. WiserMeter may, at its sole discretion, extend deadlines or grant exceptions without this implying waiver or novation.
7.4. No interest is charged by WiserMeter; in case of termination for non-payment, outstanding amounts remain due and access is canceled.
8. Intellectual Property
8.1.WiserMeter holds all intellectual property rights over the Platform, trademarks, interfaces, documentation, and related content.
8.2. Nothing in these Terms grants the Customer rights beyond the limited license of use described in Section 1.
9. Data, Privacy, and Security (U.S. Standard)
9.1. WiserMeter processes data in accordance with U.S. privacy standards and hosts services on AWS servers located in U.S. territory.
9.2. WiserMeter adopts reasonable technical and organizational measures to protect data under its control.
9.3. The Customer is responsible for obtaining legal bases and complying with applicable data protection laws regarding its end-users. Where relevant, a Data Processing Agreement (DPA) may be executed.
10. No Establishment Outside the U.S.
10.1. The Platform is provided online/remotely and does not constitute a permanent establishment of WiserMeter in any country outside the United States.
11. Updates to the Terms
11.1. WiserMeter may update these Terms at any time. The current version will be published on the Platform, effective as of its publication date. Continued use after an update shall constitute acceptance of the new version.
12. Warranties and Liability
12.1. The Platform is provided “as is” and “as available.”
12.2. To the maximum extent permitted by law, WiserMeter disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
12.3. Limitation of liability: WiserMeter’s total liability for direct damages under these Terms shall not exceed the total amount effectively paid by the Customer to WiserMeter during the 12 (twelve) months preceding the event. In no event shall WiserMeter be liable for indirect damages, loss of profits, data, business, or punitive damages.
13. Force Majeure
13.1. Neither party shall be liable for delays or failures caused by events beyond reasonable control (force majeure).
14. Compliance
14.1. The Customer represents compliance with anti-corruption, anti-bribery, export control, and sanctions laws applicable to the use of the Platform. WiserMeter may restrict services in countries or to users subject to sanctions.
15. Governing Law and Venue
15.1. These Terms are governed by the laws of the State of Wyoming, U.S.A.
15.2. Venue: The parties agree that the state or federal courts located in Wyoming (U.S.A.) shall have exclusive jurisdiction over any disputes, with express waiver of any other venue, however privileged it may be.
16. Final Provisions
16.1. Assignment of these Terms by the Customer requires WiserMeter’s prior written consent.
16.2. No waiver shall be implied by tolerance. Partial invalidity shall not affect the remaining provisions.
16.3. Formal communications must be sent through the official channels indicated in the Platform.
