1. Introduction
Ngenic AB, corporate ID no. 556817-4790, with the subsidiary Ngenic Sverige AB, 556589-5140, Kungsgatan 41, 753 21 Uppsala, (”Ngenic”), provides services that make possible more intelligent measurement and control of energy, water and heating consumption (the ”Service”). This document states the terms and conditions of use applicable to the Service (the ”Terms and Conditions”). By activating a user account at Ngenic (the ”Account”) and accepting the Terms and Conditions, the user of the Service (”the User”) and Ngenic – subject to Ngenic’s approval described in more detail in clause 3.5 below – enter into a contract (the ”Contract”) that gives the User the right to use the Service.
By the User certifying that the User has read and approved these Terms and Conditions, the User accepts that its rights and obligations associated with the Service are governed by the Terms and Conditions and undertakes to comply with these Terms and Conditions. Through this, the User also approves the despatch of information required by law and other information about the User’s legal rights and obligations being sent to the User electronically and that the User’s electronic signature on contracts and documents has the same effect as if the User wrote in ink.
By approving the Terms and Condition, the User certifies that the User represents itself and does not represent any other party in the contractual relationship.
2. The Service
The Service provides the User with a new tool to easily measure and control energy, water and heat consumption. In accordance with the Terms and Conditions, Ngenic will endeavour to provide the User with an efficient and usable Service.
The User obtains access to the Service and the Account through a website (the ”Website”) or another internet-based platform (mobile application, etc.), provided by Ngenic or a partner approved by Ngenic.
Ngenic can at any time revise or change the Service. Ngenic generally endeavours to notify the User of any changes with reasonable notice on the Website and via e-mail to the address provided by the User. Ngenic reserves, however, the right to implement such changes with immediate effect to safeguard the security of its systems or to comply with legislation, ordinances and regulations.
The Service is normally provided on a 24-hour basis seven days a week. However, Ngenic does not guarantee that the Service is free from defects or interruption during this time.
From time to time, Ngenic carries out maintenance and upgrades of its Service, which may lead to interruption of service, delays or defects in the Service. Ngenic always endeavours to notify planned maintenance in advance, but cannot guarantee that notification will always be made. Furthermore, the Service may include defects and “bugs” which may lead to interruptions and defects. The User is aware of this and accepts that Ngenic may contact the User and request information needed to identify and correct defects.
The User’s access to the Service furthermore depends on third party services (such as mobile phone services). Ngenic has no responsibility for the performance of such services.
Ngenic is responsible, with the limitations stated in the Terms and Conditions, for energy control and measurement through the Service being performed efficiently. Ngenic is not liable for (i) other deficiencies or defects in or in connection with performance of the Service, (ii) the Service being available at every point in time, or (iii) unauthorised access or use of Account Information stored on Ngenic’s servers.
3. Prerequisites for use of the service
To use the Service, the User must create an Account. In connection with this registration, the User is obliged to provide correct and complete particulars. As long as the User is connected to the Service, it is also incumbent on the User to update these particulars in the event of changes. If any information is incomplete or incorrect, Ngenic has the right to close down the Account and discontinue the User’s access to the Service.
The technical requirements made by Ngenic on the User’s heating system and other equipment are stated on the Website. There may also be requirements that have not yet been documented on the Website, these requirements are communicated directly to the presumptive User in writing or orally.
Ngenic determines at its own discretion the extent to which the User shall be provided with access to the Service. Ngenic is bound by the Terms and Conditions, first after Ngenic has decided to provide the User with access to the Service.
The Service’s functionality and the User’s access to the Service depend on services that the User obtains from third parties. These third parties may charge the User fees to obtain access to the Service. The User is solely responsible for payment of these fees.
The functionality of the Service requires that the User via its broadband provides the hardware with continuous access to the internet. To be able to perform the optimisation that the User sets in its preferences, Ngenic may be obliged to obtain necessary external information such as, but not restricted to, the price of electricity, the power output of the electricity network, weather forecasts. Ngenic has the right to control from outside various additional sets of requirements, for example, but not limited to, reserve power, balance power, to enable more efficient energy consumption and energy systems. This control is limited to avoid a detrimental impact on the User’s comfort. Ngenic can on a few occasions increase the ability to control and shall then notify the User of any inconveniences.
4. Data integrity & security
The User is obliged to comply with Ngenic’s routines and security instructions as current from time to time and shown on the Website for construction of passwords and other log-in information.
The User is responsible for ensuring that its user name, password and any other log-in information for the Service (The ”Account Details”) are stored safely and do not come to the knowledge of third parties. The User undertakes to store Account Information so that it remains inaccessible for unauthorised persons. The Account Information is personal and may not be transferred or used by any other party than the User. The User must immediately notify Ngenic via email (support@ngenic.se) or change the log-in information if there is reason to believe that an unauthorised person has obtained access to or knowledge of these.
To enable more efficient algorithms and control, Ngenic may transfer anonymised data to a third party.
For complete terms and conditions and information on Ngenic’s integrity policy. please refer to https://ngenic.se/en/data-protection.
5. User guidelines
To ensure that the Service functions well for all users, we have defined guidelines for the User of the Service.
Ngenic respects intellectual property rights (IP) and expects you, the User, to do the same. Accordingly, for example, the following are not permitted: (a) Copying or reproduction of the content of the Service or other use which is not explicitly permitted according to the Terms and Conditions; (b) so-called ”reverse-engineering”, decompilation, disassembly, modification or similar of the Service; (c) circumvention of any technologies applied by Ngenic to protect the Service or the information therein; (d) leasing or onward sale of any part of the Service; (e) manipulation of measurement data (f) interacting with the Service by script, software or other automatic process without Ngenic’s approval; (g) deleting, copying or modifying logotypes or other graphic material (h) disclosing passwords or using another user’s log-in information.
Please respect Ngenic and other users of the Service. Don’t participate in activities related to the Service which (a) are illegal or encourage illegal actions, including but not limited to infringement of copyright; (b) include harmful software such as ”malware”, trojans or virus, or which in another way alter the user’s experience of the Service; (c) make difficult or prevent operation of the Service, or which involve attempts to find vulnerabilities in the Service or in Ngenic’s and its sub-contractors’ infrastructure that the Service uses (d) constitute attempts to break through Ngenic’s and its sub-contractors security systems (e) in any way breach the Terms and Conditions as assessed by Ngenic.
The User is expected to comply with recommended instructions for use of the Service which may be received in the form of written or digital instructions for use, FAQs,or other material from Ngenic or from a partner approved by Ngenic.
If the User wishes to complain about a defect in the Service, the User must notify Ngenic to this effect within a reasonable time after the User has noticed or ought to have noticed the defect by contacting Ngenic by email (support@ngenic.se). If the User fails to do this, the right to complain about the defect is forfeit. The complaint shall also specify the nature of the defect.
6. Limitation of liability
Ngenic is not liable in any circumstances for indirect damage or loss, increased expenses, or other losses in connection with use of the Service or the Service not being available for use. Due to the great complexity and variation of the operational conditions for the Service, Ngenic cannot guarantee reduced energy consumption, reduced energy cost or in any other way ”optimal” energy consumption. The User accepts that it to the extent legally permitted bears the ultimate liability for closing down its account in the event of discontent or problems.
Ngenic can in particular not be made liable if the User has not complied with the guidelines in accordance with clause 5.
7. Duration of contract and notice to terminate
The contract applies until further notice. The User has the right to terminate the Contract with immediate effect at any time through the Website or by e-mail (support@ngenic.se). Ngenic has the right to terminate the Agreement with a period of notice of two months. Regardless of the above, the periods of duration of the Contract may differ if the User has a separate Contract with an approved partner. They may also differ in the event of a special agreement being entered into by Ngenic and the User.
Ngenic always has the right to block the User’s Account, to deny the User access to the Service and to cancel the Contract with immediate effect, if (i) it comes to Ngenic’s knowledge or Ngenic has otherwise reason to believe that the User uses or will use the Account in breach of the Terms and Conditions or otherwise in breach of current law or regulations, (ii) such information emerges concerning technical or administrative procedures for information security that it is reasonable to assume that the User’s Account will be misused, or (iii) that there is otherwise reason to assume that the User’s Account has been misused or will be misused.
8. Transfer
The User does not have the right to transfer rights or obligations associated with the Service or to its Account to another party without Ngenic’s written consent. Ngenic has the right to transfer wholly or in part its rights and obligations to another party without the User’s consent.
9. Licence/Trademark/Copyright
Ngenic grants the User a non-transferable user licence for the Service. The User does not have the right to (i) transfer, licence, copy, publish or distribute the Service; (ii) permit a third party to use the Service; (iii) transfer rights that the User has received in accordance with the Terms and Conditions; or (iv) circumvent any of the technical restrictions of the Service, or decompile or in any other way to restructure the Service.
10. Miscellaneous
Written notifications from Ngenic to the User are made in Swedish or English and sent by e-mail to the address provided by the User. Notifications which have been sent to the User in this way are deemed to have been received by the User at the latest by the following day.
Ngenic has the right from time to time to make supplements and amendments to the Terms and Conditions. The User shall be notified of such amendments or supplements at the latest 14 days prior to their coming into effect. If the User does not accept the notified amendments or supplements, the User has the right to terminate the Agreement in the way stated in clause 7. If the User does not notify Ngenic that the User does not approve the amendments or supplements before the day on which they come into effect, the User is considered to have accepted them.
Ngenic always has the right to undertake with immediate effect the amendments occasioned by law, ordinance or the decisions of public authorities.
Disputes concerning interpretation of the Contract, which cannot be resolved by negotiation between the parties, shall be settled in a Swedish court of law in accordance with Swedish law.
These terms and conditions apply from 27 March 2020 until further notice.
The User understands the above terms and conditions and hereby approves these terms and conditions.