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TERMS & CONDITIONS

IntelliSense IoT Platform, Xserver.IoT devices, software and cloud services

Last updated: 2026

Acceptance and binding effect

These Terms & Conditions shall be deemed automatically accepted upon registration on the website, as well as upon the purchase, installation, activation or use of any IntelliSense product or service.
If the user acts on behalf of a company or other legal entity, the user represents and warrants that they have the authority to bind such entity to these Terms & Conditions.
 

If the user does not agree to these Terms & Conditions, the products and services may not be installed or used.

1. Scope, Product Coverage and Definitions

1.1 Scope

These Terms & Conditions apply to all IoT platform products and related services marketed and provided by IntelliSense.


1.2 Product coverage (non-exhaustive list)

  • Xserver.IoT.200 (industrial IoT server hardware)

  • Xserver.IoT.Docker (Docker platform)

  • IoT Explorer Web Portal (cloud-based monitoring)

  • EnergyXpert – AI Energy Management

  • Energy Control Suite (BESS Control App)

  • AVReporter Monitoring 2025

  • IntelliSense Cloud – Enterprise Data & Dashboards


1.3 Definitions

  • IoT Server instance: a single Xserver.IoT.200 device or a single Xserver.IoT.Docker instance.

  • Device ID: the unique identifier assigned to the applicable IoT Server instance.

  • Single-instance licence: a licence that is bound to one specific IoT Server instance and may not be freely transferred or reused on another instance.

2. Terms applicabplte to XSERVER.IOT devices (hardware)


Intended Use, Installation and Operation

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2.1 The Xserver.IoT.200 is an industrial-grade device intended for use in industrial environments.
Installation, system integration and operation of the device shall be performed exclusively by qualified and competent personnel.

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2.2 The product may be used solely in accordance with the technical, operational and environmental conditions specified in the applicable documentation.

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2.3 IntelliSense Ltd. shall not be liable for any malfunctions, damages or failures resulting from or related to:

  • third-party systems or components,

  • network infrastructure,

  • power supply or electrical systems,

  • environmental conditions, or

  • improper, incorrect or incompatible system integration.

3. Warranty


3.1 Limited Warranty (One (1) Year)

IntelliSense Ltd. warrants that its products shall conform to the applicable technical specifications.
This limited warranty shall remain in effect for a period of one (1) year from the date of purchase or sale.

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IntelliSense Ltd. shall not be liable for any defects or failures resulting from the Customer’s negligence, misuse, improper or unauthorized use, improper installation or testing, or any modification or alteration of the product.
IntelliSense Ltd. shall also not be liable for any defects resulting from the Customer’s designs, specifications, instructions, or requirements.

 

IntelliSense Ltd. applies testing and quality control procedures to the extent it deems necessary, at its sole discretion.

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3.2 Warranty Exclusions

This limited warranty shall not apply in particular, but not limited to, cases involving:

  • installation, maintenance or use contrary to the instructions, warnings or documentation provided by IntelliSense Ltd., or in violation of applicable laws, regulations or technical standards;

  • electrical wiring defects, voltage fluctuations, improper connections, abnormal power supply conditions or failures;

  • abnormal environmental conditions, including dust, smoke (including cigarette smoke), humidity, or failures related to air-conditioning or environmental control systems;

  • unauthorized interference, tampering or vandalism;

  • force majeure events or natural disasters, including but not limited to fire, flood, war, vandalism or similar events;

  • use of the product beyond the limitations set forth in the applicable technical specifications;

  • removal, alteration or damage of serial numbers or any action preventing the unique identification of the product;

  • damage occurring during transportation or shipment.

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3.3 Exclusive Remedy

If a product fails to conform to the limited warranty set forth herein, IntelliSense Ltd.’s sole obligation and the Customer’s exclusive remedy shall be the replacement of the product.
Replacement shall be limited to products that are determined by IntelliSense Ltd., at its sole discretion, to be non-conforming.

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Contact: helpdesk@intellisense-iot.com

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3.4 Disclaimer of Warranties

Except for the limited warranty set forth above, IntelliSense Ltd. and its partners disclaim, to the maximum extent permitted by applicable law, all other warranties, conditions and representations, whether express, implied, contractual or statutory.
The products and any related services are provided “AS IS” and “WITH ALL FAULTS”.

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3.5 Limited Support Services

The Customer shall test the system and its functionality in the Customer’s own environment prior to use in any operational deployment.
Any technical, application or design advice, reliability data, or other assistance provided by IntelliSense Ltd. shall not extend, modify or otherwise alter the limited warranty, and no additional obligations or liabilities shall arise from the provision of such limited services.

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3.6 Unauthorized Use

IntelliSense Ltd.’s products are not authorized for use in safety-critical applications where a failure of the products could reasonably be expected to cause severe personal injury or death, including, without limitation, life-support systems, nuclear facility operation, and weapons systems.
The products are neither designed nor intended for use in military, aerospace, aviation, or automotive applications or environments.
Any such use shall be solely at the Customer’s own risk.

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3.7 Compliance with Laws

The Customer is solely responsible for complying with all applicable legal, regulatory and safety requirements related to the use of the products.

4. Indemnification

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The Customer shall defend, indemnify and hold harmless IntelliSense Ltd. from and against any and all third-party claims, damages, losses, liabilities and expenses arising directly from:

  • a breach of these Terms & Conditions by the Customer; or

  • the Customer’s gross negligence or wilful misconduct.

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5. Exclusion of Damages and Limitation of Liability


5.1 Exclusion of Indirect and Consequential Damages

To the maximum extent permitted by applicable law, IntelliSense Ltd. shall not be liable for any indirect, incidental, consequential, punitive or exemplary damages, including but not limited to loss of profits, loss of data or business interruption, arising out of or in connection with the use of, or inability to use, the products or services.

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5.2 Limitation of Liability (Clarified)

IntelliSense Ltd.’s total and aggregate liability for any claims arising out of or in connection with the products or services shall be limited, at IntelliSense Ltd.’s sole discretion, to one of the following:

  • replacement of the affected product; or

  • refund of the amount actually and verifiably paid for the specific product or licence giving rise to the claim, and in no event exceeding such amount; or

  • EUR 5.00, where applicable law does not permit a lower limitation.

In no event shall IntelliSense Ltd. be liable for any indirect, incidental, consequential, punitive or special damages, including but not limited to loss of profits, loss of data, business interruption or loss of goodwill.

6. Changes to Specifications

IntelliSense Ltd. reserves the right to modify product descriptions and technical specifications at any time without prior notice.

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7. Shipping
 

7.1 Risk of Loss

All deliveries are made pursuant to a shipment contract. Title to and risk of loss for the products shall pass to the Customer upon delivery of the products to the carrier.

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7.2 Shipping Methods and Delivery Times

Delivery times depend on the selected carrier and the destination country. IntelliSense Ltd. shall not be liable for delays caused by the carrier. All delivery times are estimates only.

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7.3 Delays

Any delay in delivery shall not entitle the Customer to cancel an order or to claim damages. Delivery times shall not be binding in cases of force majeure, delays by suppliers of IntelliSense Ltd., or other circumstances beyond the reasonable control of IntelliSense Ltd. IntelliSense Ltd. reserves the right to make partial shipments.

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7.4 Insurance

Shipments are not covered by freight insurance unless expressly agreed otherwise in writing.

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7.5 Customs

For shipments outside the European Union, deliveries may be subject to customs clearance, duties and import taxes. IntelliSense Ltd. shall not be liable for delays resulting from customs procedures.

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8. Returns, Refunds and Title

  • Manufacturing defects must be reported to IntelliSense Ltd. in writing within eight (8) days from receipt of the goods.

  • Returns are subject to prior authorization by IntelliSense Ltd. and a technical inspection.

  • Upon authorization, an RMA (Return Material Authorization) number shall be issued.

  • All costs and risks associated with returning the products shall be borne by the Customer.

  • IntelliSense Ltd. shall not take title to returned products until such products have been received at its warehouse.

  • If the warranty conditions apply, IntelliSense Ltd. may, at its discretion, ship a replacement product to the Customer.

  • IntelliSense Ltd. reserves the right to issue a refund without requiring the return of the product; in such case, title to the refunded product shall not transfer to IntelliSense Ltd.

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9. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the substantive laws of the European Union.
Any dispute arising out of or in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of Malta.

End-User License Agreement (EULA)

 

10. Introduction

This End-User License Agreement (“EULA”) is a legal agreement between you and IntelliSense Ltd.
By installing and/or using the software, you agree to be bound by the terms and conditions of this EULA.

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11. License Grant

IntelliSense Ltd. hereby grants you a personal, non-transferable and non-exclusive licence to use the Xserver.IoT Framework, IntelliSense software and software components on your devices (Xserver.IoT devices), in accordance with this EULA.

You are not permitted to:

  • modify, reverse engineer, decompile or disassemble the software;

  • copy, distribute, resell or otherwise use the software for commercial purposes;

  • make the software available to any third party;

  • use the software in any manner that violates applicable laws or regulations.
     

12. Intellectual Property

All rights, title and interest in and to the software shall remain the exclusive property of IntelliSense Ltd.

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13. Termination

This EULA shall terminate automatically if you fail to comply with any of its terms and conditions.
Upon termination, you must immediately cease all use of the software.
 

14. No Warranties

The software is provided “AS IS”, and to the maximum extent permitted by applicable law, all warranties of any kind are expressly disclaimed.
 

15. Limitation of Liability

IntelliSense Ltd. shall not be liable for any indirect or consequential damages, including loss of data or business interruption.

Microsoft Terms:
By installing or using the software, you also accept the applicable Microsoft software licence terms, including but not limited to those relating to Windows, .NET, SQL Server and Azure component.

​Cloud Services (Microsoft Azure) – Online Service Terms

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16. Microsoft Online Services Terms

The IntelliSense Cloud services are subject to the Microsoft Online Services Terms.

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17. Cloud Compliance

Microsoft Azure compliance certifications are available on Microsoft’s official websites.

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18. Limitation of Liability (Cloud Services)

IntelliSense Ltd. shall not be liable for any damages arising from the unavailability, malfunction or modification of the Cloud services, including loss of data or loss of profits.​

​IntelliSense Products – Licensing, Subscriptions, Support, Pricing and Payment

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19. Licence Model – General Principles (Single-Instance)

Unless otherwise agreed in writing, IntelliSense software products are provided under a single-instance, non-transferable licence.
Sharing, renting, sublicensing or otherwise redistributing licences is strictly prohibited.

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20. IoT Server–Bound Licences

The following licences are bound to a specific IoT Server instance:

  • EnergyXpert

  • Energy Control Suite (BESS Control App)

  • Xserver.IoT.Docker (Enterprise Runtime)

At the time of purchase, the Customer must provide the Device ID of the target device or instance.
Licences may not be transferred to another IoT Server.
Requests based on reconsideration or incorrect hardware selection (“we changed our mind”, “wrong device”) do not entitle the Customer to licence transfer.

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20.1 Exception – Xserver.IoT.200 Warranty Replacement (One (1) Year)

If an Xserver.IoT.200 device fails within one (1) year, the licence may be transferred to a replacement device in accordance with the helpdesk procedure.

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20.2 Docker Enterprise Runtime – Licence Porting

For Docker Enterprise Runtime licences, one (1) free licence porting every three (3) years is provided in cases of permanent hardware failure or obsolescence, subject to verification and deactivation of the original instance.

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20.3 AVReporter Monitoring – Licence Porting

For AVReporter installations, one (1) free licence porting every three (3) years is provided in cases of hardware failure or system replacement due to obsolescence, provided that the original system is decommissioned.

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21. IoT Explorer Web Portal

The IoT Explorer Web Portal is a cloud-based monitoring service that connects to Xserver.IoT.200 or Xserver.IoT.Docker instances.
Access to the Web Portal is subject to an active subscription and assigned user permissions.

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22. IntelliSense Cloud

IntelliSense Cloud is based on Microsoft Azure, Power BI and Azure SQL components.
Availability of the service is subject to the availability of Microsoft services and acceptance of the applicable Microsoft terms.

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23. Support, Helpdesk and Training

  • Online documentation and content are available on the website following user registration.

  • Technical helpdesk support is available at: helpdesk@intellisense-iot.com

  • Project support for system integrators, online training, and, if required, joint online demonstrations for end users may be provided.

Such services may be subject to separate agreements.

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24. Pricing and Discounts

  • Prices are subject to regular updates; the currently valid price list shall always apply.

  • For larger or complex projects, individual discounts may be granted subject to case-by-case evaluation.
     

25. Payment Terms (Pro Forma Invoice)

  • Payment shall be made exclusively based on a Pro Forma invoice.

  • Delivery of products or provision of licences shall take place only after full receipt of the exact invoiced amount.

  • If a licence renewal is not paid by the expiry date, the licence shall cease to operate.

  • IntelliSense Ltd. shall not be liable for any damages, losses or data loss resulting from licence suspension or termination due to non-payment.
     

26. Free Tier / Evaluation Licences

Free Tier and evaluation licences are:

  • provided solely for evaluation, pilot or demonstration purposes;

  • subject to annual renewal;

  • not permitted for production use.
     

27. Changes to Products, Specifications and Terms

IntelliSense Ltd. reserves the right to modify its products, services and these Terms & Conditions.
The current version shall be published on the website.
Continued registration and use of the products constitute acceptance of the modified terms.

28. Final Provisions (Severability and Order of Precedence)


28.1 Severability

If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable, in whole or in part, by any court or competent authority, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, or, if such modification is not possible, shall be severed from these Terms & Conditions.

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In such event, the remaining provisions shall remain in full force and effect, and shall not be affected or impaired in any way.

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28.2 Order of Precedence / Priority of Agreements

These Terms & Conditions constitute the general contractual framework governing the use of IntelliSense products and services.

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In the event that the Customer has entered into a separate written agreement with IntelliSense Ltd., including but not limited to a Master Service Agreement (MSA), Service Level Agreement (SLA), Partner Agreement or other individual contract, the provisions of such individual agreement shall prevail solely to the extent of any direct and explicit conflict with these Terms & Conditions.

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All provisions of these Terms & Conditions that are not expressly overridden by the individual agreement shall remain fully applicable and binding.

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No implied waiver, amendment or deviation from these Terms & Conditions shall be effective unless expressly agreed in writing by IntelliSense Ltd.

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29. Data Protection and Privacy

IntelliSense Ltd. processes personal data in accordance with the General Data Protection Regulation (GDPR) of the European Union.

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In connection with website registration, use of the products, and the provision of support services, IntelliSense Ltd. may process personal data, including but not limited to:

  • name, company name and contact details;

  • email address and telephone number;

  • user identifiers;

  • technical identifiers (such as Device ID, License ID);

  • support requests and ticket-related information.

The purposes of data processing include, in particular:

  • creation and management of user accounts;

  • registration, administration and verification of licences;

  • provision of technical support and helpdesk services;

  • compliance with applicable legal and regulatory obligations.

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Detailed information regarding data processing, the rights of data subjects and data retention periods is set out in the IntelliSense Privacy Policy.

By registering on the website and/or using the products, the User acknowledges that they have read and accepted the Privacy Policy.

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30. Export Control and Sanctions Compliance

IntelliSense products and services may be subject to international sales and distribution and may therefore fall under applicable export control and sanctions regulations.

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The User represents and warrants that they:

  • comply with all applicable export control and sanctions laws and regulations of the European Union, the United Nations, and, where applicable, the United States of America;

  • do not use, export, re-export, transfer or make available IntelliSense products to any country, entity or individual subject to sanctions or listed on applicable sanctions lists;

  • do not use the products for prohibited purposes, including, without limitation, military, weapons-related or restricted dual-use applications, where such use is limited or prohibited by law.

IntelliSense Ltd. reserves the right to:

  • refuse the sale of products or provision of support services;

  • suspend or terminate licences or services,

where there is a reasonable suspicion of a violation of applicable export control or sanctions regulations.

 

Compliance with export control and sanctions requirements shall in all cases remain the sole responsibility of the User and/or the Customer.

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31. Related Policies and Documents

These Terms & Conditions shall be read together with and supplemented by the following documents:

  • Privacy Policy

  • Licensing & Terms, as set out in offers and price lists

  • Individual agreements, including but not limited to Master Service Agreements (MSA), Service Level Agreements (SLA) and Partner Agreements, where applicable

In the event of any inconsistency, the provisions of the applicable individual written agreement shall prevail to the extent of such inconsistency.

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