Terms and conditions of use of the website

(applicable from 19/02/2026)

These Platform Terms of Use (these "Terms") govern your access to and use of the Shayp Platform at https://app.shayp.io (the "Platform"), including any mobile application through which the Platform may be accessed.

These Terms supplement and are subject to the General Terms and Conditions agreed between you and Shayp SA ("Shayp," "we," "us," or "our"). In the event of any conflict between these Terms and the General Terms and Conditions, the General Terms and Conditions shall prevail.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our General Terms and Conditions.

1. Definitions

Capitalized terms not defined in these Terms shall have the meanings given to them in the General Terms and Conditions. In these Terms:

"Account" means your authorized user account on the Platform.
"Authorized Users" means individuals authorized by Customer to access and use the Platform on Customer's behalf.
"Customer" means the purchaser and end user of Shayp's Product(s) and/or Service(s) who has entered into a Contract with Shayp.
"Platform" means the Shayp secure platform accessible at https://app.shayp.io and through mobile applications, which displays consumption data and details of Anomalies detected in Resource consumption.
"User Content" means any data, information, text, or materials submitted or transmitted by you through the Platform.

2. Eligibility and Account Access

2.1 Contract Requirement

Access to the Platform is available only to Customers who have entered into a valid Contract with Shayp. By accessing the Platform, you represent and warrant that:

You are the Customer or an Authorized User of a Customer with a valid Contract with Shayp;
You are at least 18 years of age;
You have the legal capacity to enter into these Terms;
All information you provide is accurate, current, and complete.

2.2 Account Registration and Security

You will be provided with login credentials to access your Account after the Date of entry into force of the Contract. You are responsible for:

Maintaining the confidentiality of your username and password;
All activities that occur under your Account;
Notifying Shayp immediately of any unauthorized use of your Account or any other breach of security;
Ensuring that you log out from your Account at the end of each session;
Choosing a strong password and keeping it strictly private and confidential.

Important: Access to the Platform should not be provided to third parties. You may not share your login credentials with unauthorized individuals.

2.3 Multiple Users

If your organization has multiple Authorized Users, each user must have their own Account. You may not share login credentials among multiple users.

3. Permitted Use of the Platform

3.1 License Grant

Subject to these Terms and your Contract with Shayp, Shayp grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for:

Monitoring the consumption of Resources in your building(s);
Viewing data collected relating to Resource consumption;
Detecting and managing Anomalies in consumption;
Downloading data or reports;
Changing settings; and
Other necessary administrative purposes related to the Services.

3.2 Use Restrictions

You agree that you will NOT:

Use the Platform for any purpose other than as expressly permitted in these Terms and the General Terms and Conditions;
Edit, alter, modify, adapt, or otherwise change all or any part of the Shayp Software or Platform;
Permit all or any part of the Shayp Software or Platform to be combined or incorporated into any other software;
Decompile, disassemble, or reverse engineer the Shayp Software or Platform, or attempt to do so;
Reproduce, copy, distribute, resell, or otherwise use the Platform or Shayp Software for commercial purposes beyond those permitted in your Contract;
Allow any third party to use the Platform or Shayp Software on behalf of or for the benefit of any third party not authorized under your Contract;
Use the Platform in a manner that violates any applicable local, national, or international law or regulation;
Interfere with, hack into, or otherwise modify the internal code of the Platform or Shayp Software;
Share login credentials with unauthorized parties;
Attempt to gain unauthorized access to any portion of the Platform, other Accounts, computer systems, or networks connected to the Platform;
Use any robot, spider, scraper, or other automated means to access the Platform;
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempt to interfere with the proper functioning of the Platform.

4. Intellectual Property Rights

4.1 Shayp's Intellectual Property

The Platform, Shayp Software, and all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, video, audio, design, selection and arrangement) are owned by Shayp and are protected by Belgian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

Nothing in these Terms grants you any right, title, or interest in or to the Platform or Shayp Software, except for the limited license expressly granted in Section 3.1.

4.3 Data Ownership

As specified in the General Terms and Conditions:

Shayp retains ownership of the data generated by the Datalogger;
You are granted access to view and download your consumption data via the Platform;
Shayp processes personal data as a data controller in accordance with our Privacy Policy.

4.4 Feedback

If you provide Shayp with any feedback, suggestions, or ideas regarding the Platform or Services ("Feedback"), you hereby grant Shayp a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Platform and Services without any obligation to you.

5. User Content and Data

5.1 Your Responsibilities

You are solely responsible for:

The accuracy and legality of any User Content you submit through the Platform;
Ensuring that your use of the Platform complies with all applicable laws and regulations;
Making backups of your consumption data downloaded from the Platform.

5.2 License to User Content

By submitting User Content through the Platform, you grant Shayp a limited license to use, store, and process such User Content solely to provide the Services to you in accordance with the Contract and our Privacy Policy.

5.3 Data Processing

Shayp processes personal data in accordance with our Privacy Policy. For questions regarding our data protection practices, please contact dpo@shayp.com.

5.4 Data Retention

A full extract of your consumption data can be downloaded from the Platform at any time. Upon termination of your Contract, data retention will be handled in accordance with the General Terms and Conditions and our Privacy Policy.

6. Platform Availability and Updates

6.1 Service Availability

While Shayp uses commercially reasonable efforts to provide reliable access to the Platform, we do not guarantee that:

The Platform will be uninterrupted, error-free, or completely secure;
All defects will be corrected;
The Platform will meet your specific requirements or expectations;
The Platform will be available at all times.

6.2 Scheduled Maintenance

Shayp may interrupt or temporarily suspend access to the Platform in order to:

Resolve technical problems or make minor technical adjustments;
Apply updates and/or upgrades to the system, including Shayp Software;
Apply updates to reflect changes in applicable laws and regulatory requirements;
Make changes to the Platform at your request.

Shayp will use reasonable efforts to provide advance notice of scheduled maintenance when practicable.

6.3 Platform Updates

Customer acknowledges that the Platform is based on constantly evolving technology. Shayp may modify the content of the Platform and Services without changing the essential characteristics. You must ensure that the latest version of any mobile application is installed to benefit from updates.

6.4 Emergency Suspension

Shayp reserves the right to suspend access to the Platform immediately and without notice in case of:

Security threats or breaches;
Violations of these Terms;
Technical issues requiring immediate resolution;
Non-payment of invoices in accordance with the General Terms and Conditions.

7. AI-Generated Insights and Data Analytics

7.1 Nature of AI Outputs

The Platform may provide AI-generated insights, recommendations, predictions, or analyses related to your Resource consumption and Anomalies ("AI Outputs").

7.2 Limitations and Disclaimers

You acknowledge and agree that:

AI Outputs are probabilistic in nature and may contain errors, inaccuracies, or incomplete information;
AI Outputs should be reviewed and verified by qualified personnel before being relied upon for decision-making purposes;
AI Outputs are informational only and do not constitute professional advice;
AI models are trained on historical data and may not reflect current or future conditions;
Shayp does not guarantee the accuracy, completeness, or reliability of any AI Outputs.

7.3 Your Responsibility

You are solely responsible for:

Evaluating the suitability of AI Outputs for your specific situation;
Making independent decisions based on your own judgment;
Verifying AI Outputs before taking any action based on them.

8. Third-Party Integrations and Services

8.1 Third-Party Services

The Platform may allow you to integrate with or access third-party services, applications, or websites. Your use of such third-party services is governed by the terms and conditions and privacy policies of those third parties.

8.2 No Responsibility for Third Parties

Shayp is not responsible for:

The functioning of the Platform when used in combination with third-party services at your request or with services added by you;
The availability, accuracy, or content of third-party services;
Any loss or damage that may result from your use of third-party services.

9. Guarantee and Disclaimer

9.1 Guarantees

As set forth in the General Terms and Conditions, Shayp guarantees that:

The Services will perform materially in accordance with the documentation;
Shayp will provide the Services in a professional manner;
The Datalogger will be "fit for purpose" for the duration of the Contract.

9.2 Disclaimer

Except As Expressly Set Forth In Section 9.1 Above And In The General Terms And Conditions, The Platform And Services Are Provided "As Is" And Shayp Makes No Other Warranties, Guarantees, Or Representations, Express Or Implied, Including But Not Limited To Warranties Of Merchantability, Fitness For A Particular Purpose, Or Non-Infringement.

Customer acknowledges and agrees that Shayp is not responsible for:

The accuracy, reliability, timeliness, or completeness of Customer Data or any other data or information accessed or provided through the Platform;
The results that may be obtained from use of the Platform and Services;
The functioning of the Platform when used in combination with third-party services at the request of Customer or with services added by Customer;
The accuracy, completeness, or reliability of AI-generated insights, recommendations, predictions, or analyses provided through the Platform. Customer acknowledges that AI Outputs are probabilistic in nature and may contain errors, inaccuracies, or incomplete information, and should be reviewed and verified by qualified personnel before being relied upon for decision-making purposes.

Shayp does not guarantee that:

The Platform will be uninterrupted, error-free, or completely secure;
All defects will be corrected;
The Platform will meet Customer's specific requirements or expectations;
Any AI Outputs will be accurate, complete, or suitable for Customer's intended purposes.

9.3 Limitations to Products and Services

As specified in the General Terms and Conditions, Shayp's Products and Services are designed to detect Resource consumption Anomalies and not to prevent them. The Platform and Services are unable to detect certain types of anomalies, as detailed in the General Terms and Conditions.

10. Limitation of Liability

10.1 Scope of Liability

Liability for the Platform and Services is governed by the General Terms and Conditions. Without limiting the provisions therein:

Shayp shall only be liable for direct damages resulting from gross negligence or willful misconduct by Shayp;
Shayp shall not be liable for any indirect, incidental, consequential, special, or punitive damages;
Shayp's total liability to you shall not exceed the amounts specified in the General Terms and Conditions.

10.2 Specific Exclusions

Shayp shall not be liable for:

Loss of profits, revenue, data, or business opportunities;
Damages arising from your reliance on AI Outputs;
Damages resulting from unauthorized access to your Account due to your failure to maintain the security of your credentials;
Interruptions in Platform availability;
Loss of data due to your failure to maintain backups;
Any damages caused by force majeure events.

11. Acceptable Use and Prohibited Conduct

11.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

In any way that violates any applicable national or international law or regulation;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
To impersonate or attempt to impersonate Shayp, a Shayp employee, another user, or any other person or entity;
In any way that infringes upon the rights of others, or that is illegal, threatening, fraudulent, or harmful;
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform.

11.2 Monitoring and Enforcement

Shayp reserves the right to:

Monitor use of the Platform to ensure compliance with these Terms;
Take appropriate legal action against anyone who violates these Terms;
Suspend or terminate your access to the Platform for violations of these Terms;
Cooperate with law enforcement authorities regarding investigations of illegal activities.

12. Privacy and Data Protection

12.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data.

12.2 Cookies

The Platform uses cookies and similar tracking technologies. For more information, please refer to our Cookies Policy.

12.3 Data Protection Rights

You have certain rights regarding your personal data as set forth in our Privacy Policy and applicable data protection laws. To exercise these rights, please contact dpo@shayp.com.

13. Suspension and Termination

13.1 Suspension by Shayp

Shayp may suspend your access to the Platform immediately and without notice if:

You breach these Terms or the General Terms and Conditions;
Payment of any invoice is overdue;
Your use of the Platform poses a security risk;
Required by law or regulatory authority.

13.2 Termination

Your right to access and use the Platform will automatically terminate upon termination or expiration of your Contract with Shayp, in accordance with the General Terms and Conditions.

13.3 Effect of Termination

Upon termination:

Your right to access and use the Platform will immediately cease;
You must cease all use of the Platform;
You should download any data you wish to retain, as you may lose access to such data;
Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4, 10, 14, and 15.

14. Technical Requirements

14.1 Your Responsibilities

You are responsible for:

Obtaining and maintaining all equipment and services needed to access and use the Platform, including computers, mobile devices, and internet connections;
Ensuring your equipment and internet connection meet the minimum technical requirements for using the Platform;
Paying all fees charged by third parties related to your access and use (such as internet service provider fees).

14.2 Compatibility

The Platform is designed to work with current versions of major web browsers and supported mobile operating systems. Shayp does not guarantee compatibility with all devices, browsers, or operating systems.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the General Terms and Conditions, Privacy Policy, and any other agreements referenced herein, constitute the entire agreement between you and Shayp regarding your use of the Platform.

15.2 Amendments

Shayp reserves the right to modify these Terms at any time. We will provide notice of material changes by:

Posting the updated Terms on the Platform;
Sending notice to your registered email address;
Requiring you to accept the updated Terms upon your next login.

Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.

15.3 Relationship to Other Documents

These Terms supplement and are subject to the General Terms and Conditions. In the event of any conflict:

The General Terms and Conditions prevail over these Terms;
These Terms prevail over the Website Terms and Conditions for use of the Platform.

15.4 Assignment

You may not assign or transfer these Terms or any rights granted hereunder without Shayp's prior written consent. Shayp may assign these Terms in accordance with the General Terms and Conditions.

15.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15.6 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

15.7 Governing Law and Jurisdiction

These Terms are governed by Belgian law. Any disputes shall be subject to the exclusive jurisdiction of the French-speaking courts of Brussels, as specified in the General Terms and Conditions.

15.8 Language

These Terms are drafted in English. In case of any discrepancy between different language versions, the English version shall prevail.

16. Contact Information

If you have any questions about these Terms, please contact us:

Shayp SA Rue aux Laines 70, 1000, Brussels, Belgium

Email: info@shayp.com

For data protection inquiries: dpo@shayp.com

For technical support: support@shayp.com

For customer success inquiries: success@shayp.com

17. Acceptance of Terms

By clicking "I Accept" or by accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

SHAYP’S TERMS OF USE