Flexibility Beta Terms

BY OPTING IN, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THIS BETA TRIAL, AND YOU SHOULD NOT [CLICK TO ACCEPT THESE TERMS] AND YOU SHOULD NOT PROCEED FURTHER.

 

These are the Terms and Conditions for the myenergi ‘Flexibility Beta Services’ (the ‘Service’). The Service is operated by or on behalf of myenergi Ltd (we, us and our). We are a limited company, registered in England. Our registered company number is 10261262, and our registered office is at Pioneer Business Park, Faraday Way, Stallingborough, Grimsby DN41 8FF.

 

“You” are a person or persons who owns myenergi products relevant to the Services and holds account registration details for the myenergi mobile application and the myenergi myaccount portal.

 

Access to and participation in the Services is conditional on your agreement to and acceptance of these Terms and Conditions. Please read these Terms and Conditions and our Privacy Policy before agreeing to participate in receiving the Service.

 

By accepting these Terms and Conditions, you consent that to allow us and our affiliates to access your connected myenergi devices for us to deliver the Services.  A full  explanation and description of the Service is set out below.

 

By participating in the Service you agree to be bound by these Terms and Conditions until either you or myenergi has terminated the agreement, or if this agreement is superseded. You should retain a copy of these terms for future reference. Use of your personal information submitted to or via the mobile application is governed by our Privacy Policy.

 

We reserve the right to change, modify or replace these Terms and Conditions from time to time and you will be notified of any material revisions 30 days prior to changes or additional terms taking effect. Changes to Terms and Conditions will be determined at the sole discretion of us.  These Terms and Conditions were last updated in May 2022.

 

About the Service

 

Our ultimate focus for providing and delivering the Service is to assess the potential for reducing domestic electricity demand on the distribution network during periods of constraint on the national grid.  We are conducting this trial of the Service to understand the technical aspects of the Service including your customer experience.  

 

As we transition to a low carbon economy the stress on the electricity distribution network from loads including electric vehicle charging will increase.

 

The Service is intended to assist the distribution network by regulating electricity flow across the grid to ease periods of stress.  At times of stress, the network operator may request assistance from us to reduce the overall capacity to the network.  Where necessary we may vary the rate of charge for non-essential processes at time of peak demand helping the grid to balance supply and demand without the need for additional generation (e.g power stations) to be used.  This is known as a Demand Side Response (DSR).

 

Our Service to the network will endeavour to instruct responses to all DSR events with the minimal disruption to you.  This includes but is not limited to reading myenergi device information on electric vehicle charging, charging schedules and to regulate charging schedules by amending, stopping, starting or adjusting the flow of electricity through your myenergi devices.

 

You will also have the ability to override all DSR events via the myenergi mobile application.

 

Your obligation to us 

 

By agreeing to these Terms and Conditions, you agree to us contacting you during the trial to learn more about your experiences and collect your feedback including any suggestions, enhancement requests and recommendations regarding the Service. You agree to make available a reasonable amount of time to discuss the Service with us and your suggestions may be incorporated into our future Service or products.  We may also ask you to participate in other research associated with the Service or to perform specific tasks or ask that you complete a questionnaire.

 

It would help us if you are running the latest firmware across all of your myenergi devices, and failure to do so may result in you being unable to participate in the Service. We reserve the right during the Service to remotely update firmware when necessary. We may also at times request that you manually update firmware.

 

Limited Use Rights 

 

Subject to these Terms and Conditions being adhered to and for the duration of this trial, we grant to you a limited, non-transferable, non-exclusive, revocable right to access and use the Services in connection with your existing myenergi product for the purposes of testing the functionality of the Services and provide feedback to us.

 

We host and retain physical control over your myenergi product for the purposes of providing the Service and you have visibility of the Service delivered through internet access to your account of via the mobile application.

 

We have no obligation to give you access to any of our computer programs or code from the Services and we reserve the right, to revoke access and use of the Services at any time.  Further, we reserve the right to to (i) monitor or measure use of the myenergi product; (ii) validate certain features or functionality of the myenergi product; and (iii) to provide services or support necessary to maintain the myenergi product.

 

Use Restrictions

 

You may not rent, lease, distribute, or resell the myenergi product which is being used for the delivery of Services as the basis for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the myenergi product.

 

Intellectual Property Rights

 

We retain all rights, title and interest in and to all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) in the Service and the myenergi products.

 

The limited rights granted to you to access and use the Service do not convey any additional rights in the Services or the myenergi products, or in or to any Intellectual Property Rights associated with them.  All hardware, software and other components of or used to provide the Service, including all related Intellectual Property Rights, will remain with and belong exclusively to us and our affiliates.

 

Term and Renewal 

 

This trial shall run for an initial period of 6 months and shall automatically renew and continue on a rolling monthly basis until terminated by either you or us in accordance with the clause below.

 

Termination and Expiration

 

Either party may terminate this agreement at any time, for any reason and without notice.  You can opt-out of the Service at any time using the myenergi myaccount portal.  We may withhold, remove or discard any content, data, or other information that you post or upload into myenergi’s system while using the myenergi product. Following termination or expiration of this agreement, we are not obligated to store, maintain or provide a copy of any content, data or other information that you make available or provided when using the myenergi product.

 

Users

 

You shall not share your access rights to your myenergi product with any other individual.  You shall comply with the myenergi General Terms of Use (the current version of which is located at https://myenergi.com/online-terms-of-use-and-supply), which are hereby incorporated into these Terms and Conditions.  In the event you breach the General Terms of Use, we may suspend and/or terminate your access to the Service.

 

Suspension of Services

 

We may immediately suspend your access to and use of the Service if you are in breach of these Terms and Conditions, provided that the suspension will continue only for as long as reasonably necessary for you to remedy the breach.

 

Confidential Information

 

You acknowledge and agree that participation in this trial may result in us disclosing certain confidential, proprietary and/or trade secret information related to the Services and/or myenergi  products (the “Confidential Information”).  Such Confidential Information includes, without limitation, the features, functionality and existence of the Service and any know how, trade secrets, computer programs, source code, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information, business plans or reports made available to you.

 

You agree not to disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information: (a) is or becomes generally available to the public through any means other than as a result of any act or omission by you; (b) is rightfully received by you from a third party that is not subject to any obligation of confidentiality with respect thereto and without limitation as to its use.  Upon termination of this trial or at our request at any time, you will return all Confidential Information in your possession to us and you further agree not to duplicate, translate, modify, copy, print, disassemble, decompile or otherwise tamper with the Service or myenergi product or any Confidential Information.