Terms and Conditions
Last updated: 19 December 2019
Equiwatt is inviting users to use its website (https://www.equiwatt.com) and/or beta test its mobile and web applications (our “Services”). Our mobile application is available through the iOS AppStore or Google Play Store and the web application is available from the web link (https://app.equiwatt.com).
You are responsible for configuring your information technology, mobile devices, computer programmes and platform to access our website and our Services. You should use your own virus protection software. You must not misuse our website and our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored and our Services are hosted, or any server, computer or database connected to our website and our Services.
We reserve the right, at our sole discretion, to change these Terms at any time. We will notify you of such changes by any reasonable means, such as email or messaging through our Services. If a change is material we will provide at least 15 days notice prior to any new terms taking effect.
By using this website and our Services, you are expected to review these Terms and Conditions on a regular basis. If you continue to access our website and/or use our Services after any changes to these Terms become effective, your continued use will constitute acceptance of the changes. If you do not agree to the new terms, you should terminate this agreement immediately.
Equiwatt Limited is a company registered in England and Wales with company number 09871368 and with its registered office at Proto: The Emerging Technology Centre, Abbott’s Hill, Gateshead, Tyne and Wear, England, NE8 3DF.
If you have any questions about these Terms and Conditions, please contact us at: email@example.com
Our Services give users access to Equiwatt’s smart energy platform and the company’s energy rewards program. The smart energy platform has been developed to trial, and soon launch, a form of demand-side response (DSR) for the smart grid that saves peak-time energy by modifying electrical load characteristics on UK’s energy network at certain times of day by engaging with residential energy consumers. Users are rewarded points for saving peak-time energy by turning off appliances at peak times manually at the plug socket or automatically by leveraging the functionality of internet-enabled devices such as smart plugs and smart appliances.
The key elements of our Services are:
To use web/app based notifications and email messaging to engage with the user and advise them to turn off appliances during Equiwatt’s peak-time energy saving events - Equivents
To guide the user on how to automate their participation in Equivents by providing instructions on how to pair their appliance to Equiwatt using compatible smart devices such as TP-LINK HS110 smart plugs.
To use third-party energy monitoring tools such as TP-Link HS110 power/current sensing functionality for the purpose of sensing, monitoring and logging connected appliance energy data to enhance user experience, enhance DSR service performance, detect user participation in Equivents and award reward points for energy saving activities.
To provide access to installing and using Equiwatt’s Powercapsule hub for the purpose of sensing, monitoring and logging household electricity data to enhance user experience, enhance DSR service performance, detect user participation in Equivents and award reward points for energy saving activities.
To provide access to a gift store where points earned through Equiwatt’s energy rewards program can be redeemed for a selection of third-party gift vouchers or third-party product discounts.
Equivents are energy saving events when energy usage is at its peak, during which Equiwatt will remotely and temporarily switch off the connected smart enabled appliances and other devices. Equivents last for 1 hour, however participants can manage their time of participation preferences through the app.
Powercapsule - A smart energy hub manufactured by Equiwatt for the purpose of sensing, monitoring and logging household electricity consumption via a third-party current sensor connected non-intrusively to an electricity meter
Smart Plug - A smart plug connects household appliances to your smart home network. They plug into traditional electrical sockets and allow you to remotely manage appliances online and via accompanying apps.
Demand Side Response (DSR) - The method by which the amount of energy and/or time of use by consumers (the demand side) is altered in response to an event when the grid is under stress.
In order to use Equiwatt's ‘Services’, you must create an account, as part of which you shall provide certain registration information concerning your name, email and address. You agree to provide accurate account details and you agree to notify Equiwatt immediately of any changes in such information. You are responsible for keeping the details of your password and account confidential and are fully responsible for your account.
4. Description of Services
Our Services are designed to coordinate energy saving activities at specific times to reduce peak-time energy consumption,, to provide flexibility to the electricity system. The aggregated reductions may be sold in the energy market. For these purposes, Equiwatt will monitor your energy consumption and of your connected devices ‘Smart Appliances’ through the smart plug and/or Powercapsule and/or smart meter. In the event that data needs to be sent to a third-party including but not limited to research technology organisations or the regulator, Equiwatt will anonymise and share this data for the purpose of delivering, improving, enhancing and validating our Services.
To enable timely energy reduction, our Services contain a feature to remotely manage your connected appliances (“Smart Appliances”) from your account. By accepting the Terms & Conditions you are authorising Equiwatt to remotely manage your home appliances and other assets, such as electric vehicle chargers, smart thermostats etc.) on your behalf. You may at any time choose to override any actions taken by our Services.
These Smart Appliances may be managed through services operated by third parties, for instance the manufacturers of devices such as TP-Link’s KASA application, where you have opened an account and provided log-in credentials of the Smart Appliances to Equiwatt.
By providing the Smart Appliances credentials you agree and understand:
You have the authority and rights to provide your credentials to Equiwatt.
You authorise Equiwatt to remotely manage, namely temporarily switch off and back on your device(s), based on your settings, during Equivents.
Equiwatt may not be able to turn your device back on at the end of an Equivent due to Internet-connectivity related or other service issues.
We will monitor all Smart Appliances to ensure they come back on. Equiwatt will take all measures necessary to try to turn them back on. In the case, we cannot turn an appliance or device back on after 3 consecutive attempts, we will contact you via email.
In the specific case of Equiwatt providing the trial equipment for free, whether this is a smart plug, a Powercapsule or both, if once you have received the equipment and you do not install and take part in the beta testing phase within 15 days, you will be asked to return the equipment to Equiwatt. You will also return all equipment to Equiwatt if you install the equipment but do not take part in the beta testing phase for more than 30 days from receiving the equipment. If you choose to stop using our Services and equipment in the initial 6 months after the 30 days stated above, you are obliged to return the equipment to Equiwatt.
Our app features and functions will be subject to updates as our Services evolves. You agree that Equiwatt may update, modify, or discontinue partly or totally any features and/or functions within our Services at any time in our discretion.
5. Service Limitations
Given that our Services are delivered through the Internet, our availability to provide it may be limited subject to certain limitations such as internet availability and quality. You agree that our Services will be subject to limitations and restrictions outside Equiwatt’s control.
Equiwatt may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
6. Privacy & Security
Equiwatt is committed to maintaining the security of the data you provide us and will take all reasonable measures to protect it. However, given that our Services are provided through wireless networks and the Internet, some risk in transmitting information over the Internet is always there. For this reason, Equiwatt cannot fully guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of our Services by you. You agree that you will not hold Equiwatt liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
7. Data Protection
Equiwatt will use your Personal Data:
- To process your account creation
- To deliver our Services to you
- To manage your participation in the Equiwatt beta testing phase
- To provide energy saving rewards services to you
- To conduct product and service improvements
- To conduct research to enhance and improve our Services
- To seek periodic feedback from you
We may need to share some of your data to third parties, including but not limited to energy data and appliance power consumption data, for the purpose of delivering our Services to you and for improving the quality of our Services. In such cases, your data will be anonymised and shared securely with the third party with no way of any third party being able to personally identify you, your device or your household from the data.
8. Points & Rewards
Each user is entitled to rewards based on their level of participation in our Services. Points will be allocated on a constantly changing scale dependent on the level of appliance usage and market conditions. The amount of points granted to each user is based on a variety of factors including, including but not limited to, ‘Smart Appliance’ connected, Equivent participation preferences and manual response engagement, which is reflected in the total amount of energy saved by a user.
When users have accumulated enough points, they will be able to redeem them into gift vouchers. The rewards can be made effective through our Gift Store section where the steps will guide users to complete the redeeming process.
Points redemption is restricted to one account per household. We recommend using one account per household and sharing user login and password between family / housemates.
Please note that during this beta testing phase, rewards are not guaranteed and Equiwatt reserves the right to change the terms, or remove the offer without any prior notice.
We would love for our users to provide feedback on our products and services. If you provide us with any feedback including, but not limited to, feature requests, proposals, or designs, relating to the Services, we reserve the right to use this in any manner for any purpose without restriction or compensation on a non-confidential basis.
10. Intellectual Property
Subject to these Terms and Conditions, Equiwatt grants you a non-exclusive and non-transferable right to access and use the Services solely for the purposes of participating in Equiwatt’s energy rewards program.
You acknowledge and agree that Equiwatt owns all intellectual property rights in the Services. Other than as set out in these Terms and Conditions, Equiwatt does not grant you any rights to, or in, any intellectual property rights or any other rights or licenses in respect of the Services.
We reserve all rights on any/every information and content on the domain name Equiwatt.com and Equiwatt.co.uk. All of Equiwatt’s registered trademark are protected. In particular, ‘Equiwatt’ and the logo (in all forms) are registered trademarks of Equiwatt limited. The name and logo of ‘Powercapsule’ is a registered trademark of Equiwatt limited.
This Agreement is effective for the duration of the beta testing phase until terminated. The beta testing phase is scheduled to be terminated on 31 December 2020.
Equiwatt may end the beta testing phase at any time and terminate or suspend your account and your use of Service without prior notice. Equiwatt may also terminate or suspend your account and your use of the Services at any time and without prior notice, for any reason, including but not limited to, a breach of any provision of these Terms. Upon any such termination or suspension, all rights and licenses granted under these Terms will cease immediately.
You may terminate your account at any time by disconnecting any connected appliances or devices and by discontinuing use of the Services. If you wish to delete your account and all data associated to your account, please contact us at firstname.lastname@example.org
On termination of this Agreement, you shall return any free trial equipment if they were provided to you by Equiwatt for the purposes described in this agreement. Until such equipment has been returned, you shall be solely responsible for its safekeeping.
On termination, any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination, including clauses 5, 6, 7, 8, 9, 10 11, 12,13, 14, 15, 16 and 17 shall remain in full force and effect.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Eqiuwatt and its licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, losses, costs and expenses (including but not limited to attorney’s fees), arising out of any violation of these Terms by you.
13. Limitation of Liability
In no event shall Equiwatt be liable for any indirect, incidental, consequential, special, reliance, exemplary or punitive damages of any kind arising out of or related to this agreement or the services or for any damages for lost profits, loss of use of the services, loss of data, loss of privacy or security, loss of other intangibles, or unauthorized access to or use of the services, your data or user content, regardless of whether such damages are based in contract, delict or tort (including negligence), strict liability or any other legal theory, and even if Equiwatt is advised in advance of the possibility of such damages. Without limiting the foregoing, Equiwatt will not be liable for damages of any kind resulting from your use of or inability to use the services. Your remedy for dissatisfaction with the services is to stop using the service.
Our Service, in certain cases, requires the user to install third-party hardware and/or provide data and management access to such hardware installed in the home by methods described in Section 4. In these cases, terms and conditions of third-party hardware apply in their own form.
In some cases, decided on sole discretion of Equiwatt, Equiwatt may supply, for suitable beta testers the Powercapsule hub and request the user to install the hub for delivering its Services. In these cases, the Equiwatt Powercapsule cannot be tampered with, disassembled or modified to any degree and doing so will result in termination of this agreement. The Equiwatt Powercapsule remains the property of Equiwatt and can be recalled at any time at the discretion of Equiwatt. Users may not sell or trade the Equiwatt Powercapsule. If the Equiwatt Powercapsule is broken, users must send the Equiwatt Powercapsule back to Equiwatt within 15 days.
We are not providing any warranties relating to the services. Your use of the Service is at your sole risk. The services are made available to you on an "as is" basis without warranties or conditions of any kind, whether express, implied or statutory, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement and title. No warranty or condition, express or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information or content contained in the services or the results that you may obtain through the services. These disclaimers are made on behalf of Equiwatt, its affiliates, and each of their respective employees, contractors, agents, officers, directors and shareholders, as well as their licensors.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability, so the limitations above may not apply to you.
This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
This Agreement does not create any rights in favour of third parties under the Contract (Rights of Third Parties) Act 1999 to enforce or otherwise invoke any provision of this Agreement.
17. Governing Law