Terms of Use for Tune & Airpatrol

1. Introduction

1.1 Ngenic Energi AB, reg. no. 556369-7977, Kungsgatan 41, 753 21 Uppsala, (“Ngenic”), provides the services Tune, a dynamic thermostat for water-based heating systems that enables the control of heat consumption, and AirPatrol, a system that enables the control of heat pumps and air conditioning, including, for both Tune and AirPatrol, where applicable, associated Equipment (as defined in Section 4.1 below). The following terms and conditions (“Terms”) apply to the use of the Tune and AirPatrol services and associated Equipment (collectively, the “Service”). By activating a user account with Ngenic (“the Account”) and accepting the Terms, the service user (“the User”) confirms that they have read and agree to the Terms, and Ngenic authorizes the User to use the Service in accordance with these Terms. Ngenic and the User are referred to individually as a “Party” and collectively as the “Parties.”

1.2 By certifying that they have read and agree to the Terms, the User acknowledges that their use of the Service shall be in accordance with the Terms and agrees to comply with them.

1.3 The user has entered into a separate agreement for the Service, either directly with Ngenic or with one of Ngenic’s authorized resellers. This separate agreement (the “Agreement”) governs essential terms such as ordering procedures, prices and fees, payment terms, service and support, warranties, liability, and the term of the agreement.

2. The Service

2.1 Through the Service, the User is provided with a tool to, among other things, manage their heating and/or energy consumption, in accordance with the separate agreement for the Service and these Terms and Conditions.

2.2 The user gains access to the Service and the Account through a mobile application, website, or other Internet-based platform (the “App”).

3. Requirements for Using the Service

3.1 To use the Service, the User must create an Account. When registering the Account, the User is required to provide accurate and complete information. While using the Service, the User is also required to update this information if it changes. If any information is incorrect or incomplete, Ngenic has the right to terminate the Account and suspend the User’s access to the Service.

3.2 The technical requirements that Ngenic imposes on the User’s heating system and other equipment are specified in the App or on Ngenic’s website (the “Website”). Any changes to the technical requirements will be communicated to the User in accordance with Section 10.1.

3.3 The Service’s functionality requires that the User ensure the Equipment and any other hardware have continuous access to the Internet.

4. Equipment

4.1 The Service’s functionality requires the use of and connection to specific hardware (“Equipment”). The Equipment is the property of Ngenic, and Ngenic reserves ownership of the Equipment.

4.2 With respect to the Equipment, the User agrees to:

  1. take good care of the Equipment and refrain from tampering with or manipulating it;
  2. not to sell, rent, lend, pledge, or otherwise transfer or unlawfully dispose of the Equipment, or take any other action that would jeopardize Ngenics’ rights to the Equipment;
  3. ensure that the Equipment is not damaged by destructive pulses transmitted through connected power or signal cables (e.g., as a result of a lightning strike);
  4. not to incorporate the Equipment into any other object in such a way that Ngenics’s rights to the Equipment are jeopardized or cannot be asserted against third parties; and
  5. Store the equipment securely to prevent unauthorized access.

4.3 The provisions of this Section 4 apply only to Equipment that forms part of the Service and is provided to the User as part of a subscription purchased from Ngenic or an Ngenic-authorized reseller. Components, equipment, accessories, and other hardware that the User has purchased separately or already owns are not covered by this Section 4.

5. Data Integrity & Security

5.1 The user is required to follow Ngenics’ current procedures and instructions for creating passwords and other login credentials, which can be found on the Website.

5.2 The User agrees to ensure that usernames, passwords, and other login credentials for the Service (“Account Information”) are stored in such a way that unauthorized persons cannot access or unlawfully use the Service. In the event of loss of Equipment or if there is a risk that the Equipment or the Service is being used or may be used by unauthorized persons (e.g., if Account Information is lost or disclosed), the User is obligated to immediately report this to customer service so that the User’s Account and/or access to the Service can be temporarily suspended.

5.3 To protect the User and Ngenic from unauthorized use of the Service, Ngenic has the right to suspend the User’s Account and/or access to the Service if there is suspicion that Equipment or Account Information has been disclosed, lost, or stolen, or if there is otherwise reason to believe that an unauthorized person is using the Service.

5.4 For information on how Ngenic processes personal data, please visit https://ngenic.se/dataskydd.

6. User Guidelines

6.1 The user agrees to follow the recommended guidelines for using the Service, which may be published in the form of user manuals, FAQs, or other materials from Ngenic or an Ngenic-approved partner.

6.2 The user further agrees that, when using the Service, they will not engage in activities that (a) are illegal or encourage illegal acts, including but not limited to infringement of another party’s copyright; (b) involve malicious software such as “malware,” Trojan horses, or viruses, or otherwise alter users’ experience of the Service; (c) impede or interfere with the operation of the Service, or that are intended to identify vulnerabilities in the Service or in the underlying infrastructure; (d) are intended to breach the security systems of Ngenic and/or its subcontractors; or (e) in any way violate the Terms, as determined in Ngenic’s reasonable discretion.

7. Intellectual Property Rights

7.1 Provided that the User complies with all provisions of these Terms, Ngenic grants the User a non-transferable, time-limited right to use the Service.

7.2 The User is not permitted to (i) transfer the right to use the Service, sublicense, copy, publish, or distribute the Service; (ii) allow third parties to use the Service; (iii) transfer any rights the User has obtained under these Terms; (iv) circumvent any of the technical restrictions of the Service; (v) decompile or otherwise disassemble or deconstruct the Service; (vi) manipulate measurement data; or (vii) interact with the Service through scripts, software, or other automated processes without Ngenic’s approval.

7.3 The User is the sole owner of any data that the User provides to Ngenic in or through the Service (“User Data”).

7.4 The User grants Ngenic a worldwide, royalty-free, irrevocable, and nonexclusive right and license to store, copy, modify, transmit, display, analyze, aggregate, and (i) use User Data to provide, modify, upgrade, improve, and update the Service; verify and analyze the User’s use of the Service; create new services and design offers; (ii) use aggregated User Data in connection with marketing, and (iii) share aggregated or pseudonymized User Data with third parties for Ngenic’s business purposes, including to enable more effective algorithms and controls.

7.5 The User acknowledges that Ngenic uses third-party data processors in connection with the provision of the Services and agrees that, notwithstanding anything to the contrary herein, Ngenic may transfer, store, and otherwise process User Data using such third-party processors for the purpose of providing the Services to the User.

7.6 Notwithstanding the provisions of this Section 7, nothing in these Terms shall affect a Party’s rights to its existing patents, copyrights, trademarks, trade names, design rights (whether registered or unregistered), proprietary information, code, algorithms, design documents, drawings, plans, or any other intellectual property right, whether registered or unregistered (“Intellectual Property Rights”), know-how, or data owned or controlled by a Party as of the effective date of these Terms or developed by a Party outside the Service and without reliance on the other Party’s materials or information (“Background IP”), nor shall it be construed as granting any license to such Background IP unless expressly stated herein.

7.7 Notwithstanding any other provisions of these Terms, the User acknowledges and agrees that User Data and all other information provided by Ngenic under these Terms, hereinafter collectively referred to as “Service Data,” may be proprietary and contain valuable trade secrets belonging to Ngenic. The User is expressly prohibited from using Service Data, whether directly or indirectly, for the following purposes without the prior written consent of Ngenic:

  1. develop, train, or improve—or attempt to train, develop, or improve—machine learning algorithms, artificial intelligence algorithms, or other similar models based on the Service Data provided;
  2. assist, facilitate, or in any way contribute to the training, development, or improvement of machine learning algorithms, artificial intelligence algorithms, or similar third-party models using the provided Service Data; or
  3. develop, attempt to develop, or help others develop competing products, services, or technologies that use or are based on the Service Data provided.

7.8 The User shall ensure that all Service Data is used exclusively for the User’s private use and is not disclosed to any third party, except as expressly authorized by Ngenic or as otherwise required by law.

8. Limitation of Liability

8.1 The Service is provided “as is” and “as available,” and Ngenic makes no warranties, whether express, implied, or statutory, regarding the Service. The User acknowledges and agrees that, to the extent permitted by applicable law:

  1. Ngenic does not guarantee that any errors in the Service will be corrected or that the Service will be compatible with or work in conjunction with any third-party software, application, or service, and
  2. that the Service is used at the User's own risk.

8.2 All warranties, representations, conditions, and other provisions of any kind, whether express, implied, or statutory, are hereby excluded from these Terms to the extent permitted by applicable law.

8.3 If Ngenic has entered into the Agreement with the User, Ngenic’s entire liability with respect to the Service is governed by the Agreement (subject to the limitations set forth therein). For the sake of clarity, Ngenic shall not be liable to the User for any warranties provided by any of Ngenic’s resellers under the Agreement, and the Customer must therefore, in such cases, direct any claims against such reseller.

9. Term of the Agreement and Termination

9.1 The limited right to use the Service granted to the User under these Terms and Conditions shall remain in effect until the Agreement is terminated or otherwise ceases, unless termination occurs earlier in accordance with Section 9.2 below.

9.2 Ngenic has the right to suspend the User’s Account and terminate the User’s access to the Service if it comes to Ngenic’s attention or if Ngenic otherwise has reasonable grounds to believe that the User is using the Service in violation of the Terms or applicable laws or regulations.

10. Miscellaneous

10.1 Written notices from Ngenic to the User shall be drafted in Swedish or English and published in the App and/or sent via email to the email address the User has provided for their Account. A notice sent to the User in this manner shall be deemed to have been received by the User no later than the following day. The User hereby agrees that information required by law and other information regarding the User’s legal rights and obligations, as well as information concerning the Service, may be sent to the User electronically. The User further agrees that the User’s electronic signature shall have the same legal effect as a handwritten signature.

10.2 Ngenic has the right to make additions and amendments to the Terms from time to time. Ngenic strives to always notify the User of such changes or additions no later than 30 days before they take effect. However, Ngenic reserves the right to make additions and amendments to the Service and/or the Terms with immediate effect as required by law, regulation, or a decision by a government authority.

10.3 Any dispute regarding the interpretation and application of these Terms and Conditions that cannot be resolved through negotiation between the Parties shall be settled in a Swedish court in accordance with Swedish law.

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These terms and conditions are effective as of October 16, 2026, and remain in effect until further notice.

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