Terms and Conditions

Senmo / We / Us:

Senmo B.V., based in Utrecht (HQ), Nieuwegein, Xàbia.

Customer / You:

The natural person or legal entity using the Services.

Services:

The Senmo IoT platform, including sensors, software, applications and related services.

Platform:

The online software providing the Customer access to monitoring data and alerts.

Sensors:

The IoT hardware for monitoring energy, water, doors, windows and other parameters.

Agreement:

The agreement between Senmo and Customer for the provision of Services.

2.1 These terms apply to all offers, quotes and agreements between Senmo and Customer, unless agreed otherwise in writing.

2.2 Deviations are only valid if expressly agreed in writing.

2.3 The applicability of any purchasing or other terms of the Customer is expressly rejected.

2.4 If a provision is null and void, the remaining provisions remain in full force.

3.1 All offers are non-binding unless expressly stated otherwise.

3.2 An agreement is formed when the Customer places an order and Senmo confirms it in writing (incl. e-mail), or upon start of performance.

3.3 Changes are only valid if agreed in writing by both parties.

3.4 Obvious mistakes or errors in offers do not bind Senmo.

4.1 All prices are in euros and excluding VAT, unless stated otherwise.

4.2 Senmo charges one-off installation fees and monthly subscription fees as listed on the website or in the quote.

4.3 Payment within 14 days of invoice date, unless agreed otherwise in writing.

4.4 Late payment puts the Customer in default by operation of law; Senmo may charge statutory interest from the due date.

4.5 Extrajudicial collection costs are borne by the Customer; minimum 15% of the outstanding amount with a minimum of € 75.

4.6 Senmo may adjust prices annually based on CPI; the Customer is informed at least 1 month in advance.

4.7 In case of non-payment Senmo may suspend the Services until payment is received.

5.1 Delivery times are indicative and not strict deadlines unless agreed otherwise in writing.

5.2 Senmo resells IoT sensors. Hardware is supplied by Delmation and eCompany.

5.3 The supplier terms apply to the hardware. Senmo is not liable for warranty and defects on hardware, except in case of gross negligence or wilful intent.

5.4 Installation is performed by Senmo or a designated installer. The Customer provides access and required facilities (e.g. power).

5.5 With self-installation the claim to installation service lapses and Senmo is not responsible for malfunction caused by incorrect installation.

6.1 Senmo targets 99% Platform availability annually, excluding scheduled maintenance.

6.2 Scheduled maintenance is announced at least 48 hours in advance, except for urgent maintenance.

6.3 Senmo is not liable for issues caused by third parties (ISPs, cloud hosting, sensor suppliers) or force majeure.

6.4 Alerts and notifications rely on external services (WhatsApp, SMS, e-mail). Senmo does not guarantee 100% reliable delivery.

6.5 The Customer is responsible for correct alert configuration and timely response. Senmo is not liable for consequential damage.

7.1 The Customer provides accurate and complete information required for performance of the Services.

7.2 The Customer ensures a stable internet connection and power supply at the sensor locations.

7.3 The Customer uses the Services in accordance with applicable laws and these terms.

7.4 Login credentials are personal and confidential; the Customer is responsible for all activity under the account.

7.5 The Customer reports technical issues or outages to Senmo without delay.

7.6 In case of rental, the Customer must take appropriate privacy measures for tenants in accordance with applicable law.

8.1 All intellectual property rights in the Platform, software and documentation belong to Senmo or its licensors.

8.2 The Customer obtains a non-exclusive, non-transferable right of use for the term of the agreement.

8.3 Reverse engineering, decompiling or deriving source code is not permitted.

8.4 The Customer retains rights to data generated through the Platform (sensor measurements, consumption data).

9.1 Senmo processes personal data in accordance with the GDPR and the Senmo Privacy Statement.

9.2 For its own processing Senmo is the controller. For HappyHomes Senmo is the processor; see addendum below.

9.3 The Customer warrants that processing of personal data via the Services is lawful.

9.4 In case of rental, the Customer is responsible for informing tenants about monitoring and obtaining any required consent.

10.1 Senmo is only liable for damage directly and demonstrably caused by wilful intent or gross negligence of Senmo.

10.2 Total liability is limited to the amount the Customer paid to Senmo in the 12 months prior to the incident, capped at € 10,000.

10.3 Senmo is not liable for indirect damage, consequential damage, loss of profit, missed savings or business interruption.

10.4 Senmo is not liable for damage caused by: incorrect Customer information, acts or omissions of the Customer or third parties, faulty installation by the Customer, internet/power failures, hardware defects (Delmation, eCompany) or force majeure.

10.5 Senmo is not liable if alerts or notifications are not (timely) received or acted upon.

10.6 The Customer indemnifies Senmo against third-party claims arising from use of the Services.

10.7 Sensor warranty is governed by the terms of Delmation and eCompany. Senmo facilitates warranty claims but is not liable itself.

11.1 The agreement is concluded for an indefinite term, unless agreed otherwise in writing.

11.2 Either party may terminate with 1 month notice, unless agreed otherwise.

11.3 Termination in writing (e-mail or registered post).

11.4 Subscription fees already paid are not refunded; remaining months of prepaid periods lapse.

11.5 One-off installation fees are not refunded under any circumstance.

11.6 Upon termination sensors must be returned within 30 days; otherwise the purchase value may be charged.

11.7 Senmo may terminate with immediate effect in case of non-payment, fraud, breach of terms or bankruptcy of the Customer.

11.8 After termination access ends; all data is deleted within 30 days unless legally required to retain longer.

12.1 Senmo is not bound to perform in case of force majeure.

12.2 Force majeure includes: strikes, business disruptions, power or internet outages, supplier or cloud provider failures, natural disasters, pandemics, government measures, war or terrorism.

12.3 In case of force majeure Senmo may suspend performance. If force majeure lasts longer than 3 months, either party may dissolve the agreement.

13.1 Senmo reserves the right to amend these terms.

13.2 Changes are announced at least 30 days in advance by e-mail and on the website.

13.3 If the Customer does not agree, it may terminate free of charge within 30 days.

13.4 Without exercising the termination right, the amended terms are deemed accepted.

14.1 Dutch law applies to all agreements.

14.2 Disputes are exclusively submitted to the competent court in the district where Senmo is based, unless mandatory law provides otherwise.

14.3 The parties undertake to first consult each other before going to court.

15.1 If a provision is void or voidable, the validity of the remaining provisions is not affected.

15.2 The parties will then consult on replacement provisions approximating the original intent.

15.3 These terms are filed with the Dutch Chamber of Commerce.

For the use of the HappyHomes property management platform by professional managers, the following additional provisions apply and prevail over the general provisions in case of conflict.

A. Software licence and tiering

• Fixed price per active property per month with tier discount (from € 7).
• Prices excluding VAT; sensors and the Senmo base licence are not included.
• PM licence fees are waived for properties with an active Senmo base licence.
• Monthly termination per end of calendar month, unless agreed otherwise in writing.

B. Done-for-you services

When Senmo (HappyHomes) also provides operational management (guest handling, cleaning, maintenance, sensor monitoring, reporting, bookkeeping), this is set out in a separate bespoke contract per portfolio.

C. Data processing agreement

For HappyHomes Senmo acts as a processor under the GDPR for data of owners, guests and vendors. The data processing agreement forms an integral part of these terms and is available on request via privacy@senmo.nl.

D. Finance module and payments

• Vendor invoices, owner statements and guest invoices are presented including 21% VAT; storage in the database is excluding VAT.
• Owner statements are automatically numbered sequentially (format OS-YEAR-NNNN) and exportable as UBL 2.1 XML for accounting tools.
• Stripe Connect functionality is prepared and can be activated by the manager. Activation triggers Stripe's terms.
• Senmo never acts as merchant of record unless expressly agreed in writing.

E. iCal and OTA connections

HappyHomes offers iCal synchronisation with Airbnb, Booking.com, Lodgify and similar platforms. Senmo is not responsible for unavailability, delays or conflicts caused by external services and reserves the right to adjust integrations when third parties change specs.

F. Vendor pool and partner network

Vendors receiving work orders via HappyHomes accept their own additional terms upon onboarding. Senmo does not establish an employment relationship between manager and vendor and is not an employer of vendors in the pool.