Licence

We, Heatio Limited, a company registered in England and Wales with company number 14044906 and its registered office at Helix Building, Edmund Street, Liverpool L3 9NG, licence you to use the website energy.heatio.com and any services you connect to via the website and the content we provide to you through it (Service), as permitted in these terms.

Your Privacy

We only use personal data we collect through your use of the web application and the Services in the ways set out in our privacy policy

Support and how to tell us about problems

If you think the the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at home.energy@heatio.com

Use of the Website Application

In return for your agreeing to comply with these terms you may:

• use and display the Service on desktop or mobile applications for your personal purposes only; and
• use any documentation created by us and made available to you to support your permitted use of the Service.

If you are provided with a username, password or other login details or credentials, you agree that you will keep them safe and confidential at all times, and will immediately notify us if you become aware of any unauthorised disclosure, use or loss of the same.

We do not guarantee that the Website or the Service will be online and operational at all times, but will endeavour to ensure that it remains so.

Age Requirements

You must be 18 or over to accept these terms.

Personal Licence

We are giving you personally the right to use the Website and the Service as set out above. You may not otherwise transfer your account to someone else, whether for money, for anything else or for free.

Licence Restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the Website or the Service in any form, in whole or in part to any person, or otherwise use the Website or Service for the purposes of providing services to third parties;
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
• not directly or indirectly extract, repurpose, copy, store and/or aggregate any data featuring on the Website or the Service (including in relation to price comparison services);
• not copy the Website or Service, or any of the content featuring on the Website or Service, except as part of the normal use of the Website or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Website or Service, nor permit the Website or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Website and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website or the Service nor attempt to do any such things; and
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Website or any Service.

Acceptable Use Restrictions

You must:

• not use the Website or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the Website or any Service;
• not transmit any material that is defamatory, offensive, sexually explicit or otherwise objectionable in relation to your use of the Website or any Service;
• not upload any comments or data to the Website or Service which are inaccurate or misleading in any respect; and
• not use the Website or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

Intellectual Property Rights

All intellectual property rights in the Website, the Services and any content featured on them throughout the world belong to us or our licensors, and the rights in the Website and the Services are licensed (not sold) to you.

You have no intellectual property rights in the Website, the Services or any content featured on them other than the right to use them in accordance with these terms.

Liability

The Website and the Service are meant as an aid to assist you in managing your energy usage. We do not warrant, and we provide no guarantee, that your use of the Website or the Service will result in a reduction to your energy or CO² usage or bills.

You are responsible for checking your SmartMeter. We accept no liability for errors in energy or CO² calculations or reports which feature on the Website or Service, including errors in bill calculations or estimates.

We do not guarantee that any projections, reports, tariff data or other information provided by us to you are accurate, and we are not responsible for any errors or inaccuracies in the same. You are responsible for managing your own energy usage and expenditure.

Occasionally, when preparing reports to you, we do not have access to up to date tariff data. Where this is the case, we base our figures on estimates based on our experience and understanding, but we cannot guarantee that the figures provided are accurate.

The Website and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Website or the Service. Although we make reasonable efforts to update the information provided by the Website and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

The Website and the Service is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including by not excluding liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website or the Service.

The Website and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Website and the Service meet your requirements.

If our provision of the Services or support for the Website or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

Updates to the Website and the Service

From time to time, we may automatically update the App or change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

Energy Data

We rely on information and data which is provided by third parties to understand your energy usage and expenditure to provide you with a bespoke energy saving plan and recommendations, suitable for your unique property and situation.

We gather:

• Energy consumption and generation information for both gas and electricity
• (where available).
• Energy tariff information containing information of the price you are charged for
• energy consumed.
• Information identifying the energy meter (number, location, type).

The granularity of data gathered is of 30- minute intervals.

We are not liable for any inaccuracies in such energy usage or expenditure data. The smart meter data is stored for up to 5 years, securely and separately from your personal information. If you wish for us to remove your personal data or remove consent for collecting your smart meter data, please contact us at home.energy@heatio.com

N3rgy data service ( https://n3rgy.com ) is used by HEATIO to interface with the national smart meter systems in order to collect, store, manage and share with HEATIO your Smart Meter data. This service uses the Smart Energy Code  (https://smartenergycodecompany.co.uk/)  Party credentials and Party ID of N3RGY LIMITED, incorporated and registered in England and Wales with the company number 11203504 whose registered office is at 4 Ovington Drive, Fleet, United Kingdom, GU51 1DF.

Device Data

By using the Website or any of the Services, you agree to us collecting and using technical information about the devices you use on and related software, hardware and peripherals to improve our products and to provide any Services to you.

Location Data

Certain Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you agree to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data.

You may stop us collecting such data at any time by turning off the location services settings on your device.

Third Party Websites

The Website or any Service may contain links to other websites which are not provided by us. Such independent sites are not under our control and we are not responsible for them or any content featured on them.

Termination

We may end your rights to use the Website and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right then we will give you a reasonable opportunity to do so.

If we end your rights to use the Website and Service:

• you must stop all activities authorised by these terms, including your use of the Website and any Service;

Transferring Agreement

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Changes to these terms

We may need to change these terms from time to time. We will give you at least 30 days’ notice of any change by sending you an EMAIL with details of the change or notifying you of a change when you next start the Website.

If you do not accept the notified changes you may continue to use the Website and the Service in accordance with the existing terms but certain new features may not be available to you, or you may not be permitted to continue to use the App and the Service.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Severability

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Waiver

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Law and Jurisdiction

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.