Terms of Service

Introduction
1. Ngenic Energi AB, reg.no 556369-7977, Kungsgatan 41, 753 21 Uppsala, (“Ngenic”), provides the services Tune, a dynamic thermostat for water-borne heating systems that enables control of heating consumption, and AirPatrol, a system that enables control of heat pumps and air conditioning, including, for both Tune and AirPatrol, where applicable associated Equipment (which is defined in point 5.1 below). For the services Tune and AirPatrol as well as associated Equipment (collectively the “Service”) the following terms apply (“Terms”). By activating a user account with Ngenic (“Account”) and accepting the Terms, the service user (“User”) and Ngenic enter into an agreement (“Agreement”) that entitles the User to use the Service(s) specified in the order confirmation in accordance with these Terms and the order confirmation. Order confirmation regarding the Service constitutes an integrated part of the Agreement. Ngenic and the User are referred to individually as “Party” and collectively as “Parties”.
2. By the User assuring that they have read the Terms and approve them, the User accepts that their rights and obligations regarding the Service are regulated by the Terms and commits to follow them. By approving the Terms, the User assures that the User is authorized to enter the Agreement and that the User represents themselves and does not represent anyone else in the contractual relationship.
3. These Terms apply only in cases where the User enters into an agreement directly with Ngenic. For Users who enter into an agreement regarding the Service with resellers, the terms that appear in the agreement with the reseller apply instead.
The Service
1. Through the Service, the User obtains a tool to control their heating and/or energy consumption, among other things, in accordance with what appears in the order confirmation and these Terms.
2. The User gains access to the Service and Account via a mobile application, website or other internet-based platform (“App”).
3. Ngenic strives to provide the Service 24 hours a day, seven days a week. However, Ngenic does not guarantee that the Service will be free from errors or interruptions during this time.
4. From time to time, Ngenic performs maintenance and upgrades of the Service, which may result in interruptions or errors in it. Ngenic strives to always inform about planned maintenance in advance, but cannot guarantee that notice thereof will always be provided. In addition, the Service may contain errors and “bugs” that can lead to interruptions and errors. The User agrees that Ngenic may contact the User to collect the information needed to identify and correct errors in the Service.
5. Ngenic reserves the right to make changes in the functionality and/or packaging of the Service. Ngenic will notify any such changes in writing within reasonable time, but at least 30 days before the change takes effect. If the User does not wish to accept the change, the User has the right to, without additional cost and by the day the change takes effect, terminate the Agreement to end at the end of the period for which the User has paid for the Service. Termination according to this point does not entitle the User to refund of already paid fees for the Service. Ngenic reserves the right to implement such changes with immediate effect if required for security reasons or to comply with laws, regulations or rules.
6. The Service’s functionality and the User’s access to the Service depends on services from third parties (such as internet providers). Ngenic is not responsible for such services or providers or for payment of any fees to such providers.
Prerequisites for using the service
1. To use the Service, the User must create an Account. When registering the Account, the User is obligated to provide correct and complete information. During the contract period, the User is also obligated to update the information if it should change. If any information is incorrect or incomplete, Ngenic has the right to terminate the Account and discontinue the User’s access to the Service.
2. The technical requirements that Ngenic places on the User’s heating system and other equipment are specified in the App or on Ngenic’s website (“Website”). Changes in technical requirements are communicated to the User in accordance with point 15.1.
3. The Service’s functionality requires that the User provides the Equipment and any other hardware continuous access to the internet.
Support and maintenance
1. Ngenic normally provides support regarding the Service (including Equipment) via the channels and during the times specified on the Website at any given time. However, Ngenic does not provide support regarding other equipment or other services.
2. Support regarding errors in the Service is provided free of charge by Ngenic to the User. However, Ngenic has the right to charge reasonable compensation according to Ngenic’s applicable price list for support (i) that is caused by the User’s own equipment not meeting the requirements specified in the Agreement, and/or (ii) to the extent that support is caused by the User not reasonably cooperating with Ngenic in accordance with what is stated in the Terms or elsewhere.
3. The User shall, when needed, give Ngenic, or the person Ngenic designates, access to residence/premises for troubleshooting, maintenance, installation or removal of the Service and/or Equipment. The User and Ngenic shall agree on a time for such efforts. The User shall be helpful in connection with such efforts and, if Ngenic requests it, be physically present during such efforts.
Equipment
1. The Service’s functionality requires use of and connection to special hardware (“Equipment”) that is leased to the User through rental. The Equipment is Ngenic’s property and Ngenic reserves ownership rights to the Equipment.
2. The User commits regarding the Equipment to:
  1. care for well and not interfere with or manipulate the Equipment;
  2. not sell, rent out, lend out, pledge or otherwise transfer or unlawfully dispose of the Equipment, or take other action whereby Ngenic’s right to the Equipment is jeopardized;
  3. be responsible for ensuring that the Equipment is not damaged by destructive impulses via connected power or signal cables (e.g. as a result of lightning strikes);
  4. not incorporate the Equipment with another object in such a way that Ngenic’s right to the Equipment is jeopardized or cannot be asserted against third parties; and
  5. store the Equipment in a secure manner so that unauthorized access is prevented.
3. Defective Equipment is replaced or repaired at no cost to the User provided that the error has not been caused by the User or by someone for whom the User is responsible. For replacement or repair in cases where the error has been caused by the User or by someone for whom the User is responsible, or for replacement of Equipment if it has been lost or stolen, the User shall compensate Ngenic for costs for repair, replacement, and/or replacement of Equipment, according to Ngenic’s applicable price list. Stolen Equipment shall be reported to police and a copy of the report shall be sent to Ngenic.
4. If the Agreement terminates, the User shall within thirty (30) days after the Agreement’s termination return the Equipment to the recipient that Ngenic notifies. Any costs for the return are paid by the User. If Equipment is not returned within this time, Ngenic has the right to at the User’s expense apply for enforcement or other similar action to recover the Equipment or charge the User the cost for the Equipment according to Ngenic’s applicable price list. Unreturned, damaged or stolen Equipment is compensated by the User according to Ngenic’s applicable price list.
5. The provisions in this point 5 apply only to Equipment that constitutes part of the Service and that is provided to the User within the framework of a subscription signed with Ngenic. Components, equipment, accessories and other hardware that the User has purchased separately, or owned previously, are not covered by this point 5.
Fees and payment
1. Information about applicable fees for the Service at any given time is stated on the Website.
2. Ongoing fees for the Service are paid in advance with the frequency specified in the order confirmation. The fees are paid by card or other chosen payment method. Where applicable, the User is responsible for providing the correct OCR number or similar when making payment. If Ngenic does not receive full payment by the due date, Ngenic has the right to charge default interest according to the Interest Act, reminder fee for written payment reminder and, where applicable, costs for debt collection. Reminder fees and debt collection costs are charged based on the law on compensation for debt collection costs etc.
3. The User may where applicable choose to upgrade the Service. In these cases, the fee may be adjusted or additional fees may be added. Information about applicable fees and payment terms is provided when ordering and/or in connection with the Service being upgraded and thereafter in accordance with point 6.1, or, where applicable, in separate agreement or other applicable terms.
Price changes

Ngenic has the right to adjust the fees for the Service at any time. Ngenic will notify any such price changes in writing within reasonable time, but at least 30 days before the price change takes effect. If the User does not wish to accept the price change, the User has the right to, without additional cost and by the day the price change takes effect, terminate the Agreement to end at the end of the period for which the User has paid for the Service. Termination according to this point does not entitle the User to refund of already paid fees for the Service. Ngenic reserves the right to implement price changes with immediate effect if required for security reasons or to comply with laws, regulations or rules. The User will not be affected by the price change during the termination period.
Data integrity & security
1. The User is obligated to follow Ngenic’s applicable routines and instructions for designing passwords and other login information, which can be found on the Website.
2. The User commits to ensure that username, password and other login information to the Service (“Account Information”) is stored in such a way that unauthorized persons cannot access or unlawfully use the Service. In case of loss of Equipment or risk that Equipment or the Service is used or may be used by unauthorized persons (e.g. if Account Information is lost or disclosed) it is incumbent upon the User to immediately report this to Ngenic’s customer service so that Ngenic can block the User’s Account and/or access to the Service.
3. From the time the notification above has been received by Ngenic, Ngenic is responsible for costs caused by unauthorized use, provided that the User has not:
  1. acted fraudulently or negligently;
  2. voluntarily disclosed or allowed another to use a Security Document; or
  3. otherwise lost or disclosed a Security Document and failed to immediately report this to Ngenic upon discovery.
  Notwithstanding what is said above, the User’s responsibility to pay applicable fees for the Service in accordance with this Agreement remains.
4. To protect the User and Ngenic from unauthorized persons using the Service, Ngenic has the right to block the User’s Account and/or access to the Service upon suspicion that Equipment or Account Information has been disclosed, lost or stolen, or if there is otherwise reason to believe that someone unauthorized is using the Service.
5. If the User’s Account and/or access to the Service is blocked, the User shall contact Ngenic’s customer service. Ngenic restores access to the User’s Account and/or access to the Service as soon as Ngenic has verified that an unauthorized person does not have access to the Service or Account Information. The User has no right to fee reduction for the time the User’s Account and/or access to the Service has been blocked.
6. For information about how Ngenic processes personal data, reference is made to https://ngenic.se/dataskydd.
User guidelines
1. The User undertakes to follow recommended instructions for the use of the Service that may be published in the form of user manuals, FAQs, or other material from Ngenic or Ngenic-approved partners.
2. The User further undertakes when using the Service not to participate in activities that (a) are illegal or encourage illegal actions, including but not limited to infringement of others’ copyright; (b) involve harmful software such as “malware”, trojan horses or viruses, or otherwise alter users’ experience of the Service; (c) complicate or hinder the operation of the Service, or that aim to identify vulnerabilities in the Service or in underlying infrastructure; (d) aim to penetrate Ngenic and/or its subcontractors’ security systems; or (e) in any way violate the Terms, according to Ngenic’s reasonable assessment.
Intellectual property rights
1. Provided that the User follows all terms in this Agreement and pays all applicable fees in time and in full, Ngenic grants to the User a non-transferable time-limited user license to the Service.
2. The User does not have the right to (i) transfer, sublicense, copy, publish or distribute the Service; (ii) allow third parties to use the Service; (iii) transfer rights that the User has received according to the Terms; (iv) circumvent any of the technical limitations 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 approval from Ngenic.
3. The User is the sole owner of such data that the User provides to Ngenic in or through the Service (“User Data”).
4. The User gives Ngenic a worldwide, royalty-free, irrevocable and non-exclusive right and license to store, copy, modify, transfer, display, analyze, aggregate and (i) use User Data to provide, change, 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 efficient algorithms and controls.
5. The User understands that Ngenic uses third-party data processors in connection with providing the Services and consents to Ngenic, notwithstanding what is stated herein, being able to transfer, store and otherwise process User Data with the help of such third-party processors for providing the Services to the User.
6. Notwithstanding what is said in this point 10 in these Terms, nothing in the Agreement shall affect a Party’s rights to its existing patents, copyrights, trademarks, business names, design rights (whether registered or not), proprietary information, code, algorithms, design documents, drawings, plans or any other intellectual property right, whether registered or not (“Intellectual Property Rights”), know-how or data that is owned or controlled at the entry into force of this Agreement or that is developed by a Party outside the Service and without relying on the other Party’s material or information (“Background IP”), nor be interpreted as granting any license to such Background IP unless expressly stated herein.
7. Notwithstanding other provisions in this Agreement, the User confirms and consents to that User Data and all other information provided by Ngenic according to this Agreement, collectively called “Service Data” below, 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 prior written consent from 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 provided Service Data;
  2. assist, facilitate or in any way contribute to training, development or improvement of machine learning algorithms, artificial intelligence algorithms or similar models by third parties using provided Service Data; or
  3. develop, attempt to develop or help others develop competing products, services or techniques that use or are based on provided Service Data.
8. The User shall ensure that all Service Data is used exclusively for the User’s private use and not disclosed to any third party, except in accordance with what is expressly approved by Ngenic or otherwise as required by law.
Limitation of liability
1. Ngenic is not responsible under any circumstances for damage that depends on circumstances beyond Ngenic’s control, which Ngenic could not reasonably have been expected to have counted on when entering the Agreement, and whose consequences Ngenic could not reasonably have avoided or overcome, e.g. atmospheric or technical disturbances, damage inflicted on the User by third parties, labor conflict (regardless of whether it includes Ngenic’s staff or not), lightning strike, power outage, fire, explosion, war, riot, flood, severe weather, natural disaster or action or omission by authority or other for which Ngenic is not responsible. Ngenic is relieved from the obligation to fulfill certain obligations according to the Agreement during the time such circumstance exists.
2. Ngenic’s liability does not include indirect damage, increased costs, or other losses in connection with the use of or lack of use of the Service, to the extent that applicable law allows. Due to the great complexity and variation in the operating conditions for the Service, Ngenic cannot guarantee reduced energy consumption, lowered energy costs, or otherwise “optimal” energy use.
3. Ngenic is not responsible for damage that arises as a result of the User not following established guidelines according to point 9.
4. If the User discovers errors in the Service that are not due to the User (including the User’s digital environment and the conditions specified in point 3 above), or someone in the User’s household who uses the User’s account, the User has the right to have the error corrected. Ngenic is responsible for costs for remedying the error if the error is due to Ngenic. The User’s right to report errors expires two (2) months after the Agreement has ended. If the User does not notify Ngenic about errors in the service within the mentioned time frames, the User will lose the right to have the error corrected.
5. Ngenic reserves the right to charge the User for any costs for remedying errors that are attributable to the User according to above.
6. Note that the User according to law must cooperate with Ngenic to make it possible for Ngenic to investigate whether the cause of the error lies with the User. If the User does not cooperate to a reasonable extent, it is instead the User who is responsible for showing that the error is due to Ngenic.
Contract period and termination
1. The Agreement applies until further notice. The User has the right to terminate the Agreement and close their Account at any time via the App, Website or email to support@ngenic.se, to end at the end of the period for which the User has paid for the Service, provided that another termination period does not apply according to these Terms. Note that termination according to this point does not entitle the User to refund of already paid fees for the Service.
2. Ngenic has the right to terminate the Agreement with observance of a termination period of two (2) months (and with consideration to any prepaid fee for coming time period).
3. Ngenic has the right to suspend the User’s access to the Service and/or terminate the Agreement for immediate termination if the User does not pay applicable fees for the Service and also not within reasonable time after reminder thereof.
4. Ngenic has the right to block the User’s Account and suspend the User’s access to the Service and/or terminate the Agreement for immediate termination, if it comes to Ngenic’s knowledge or Ngenic otherwise has reasonable reason to believe that the User uses the Service or Account contrary to the Agreement or applicable law or regulations and the User despite notice thereof does not cease the behavior.
5. The contract period and termination period may in individual cases differ from what is stated in these Terms if Ngenic and the User have reached a special agreement thereof.
Right of withdrawal
1. If the User has entered the Agreement at distance or outside business premises, the User has the right to withdraw from the Agreement, provided that the User notifies Ngenic about this within 14 days from when the Agreement was entered (the so-called withdrawal period).
2. The right of withdrawal can be exercised by using the Consumer Agency’s standard form, which is available at www.konsumentverket.se
3. If the User exercises their right of withdrawal, the User shall at their own expense send back any Equipment to Ngenic or to whom Ngenic designates. Equipment should be returned together with original packaging and all accessories (such as manuals, cables, etc.).
4. If the User exercises their right of withdrawal, Ngenic shall pay back what the User has paid to Ngenic. However, repayment need not be made until Ngenic, or whom Ngenic has designated, has received any Equipment from the User or the User has shown that the Equipment has been sent back.
5. If the User exercises their right of withdrawal, the User shall compensate Ngenic for any decrease in value of the Equipment to the extent that such decrease in value depends on the User having handled the Equipment to a greater extent than was necessary to determine its characteristics or function.
6. This point 13 applies only to Users who are consumers, not to Users who are business operators.
Assignment

The User does not have the right to assign rights or obligations connected to the Service or to their Account to another without Ngenic’s written approval. Ngenic has the right to wholly or partially assign rights and obligations according to the Agreement to another party without the User’s consent.
Other
1. Written notices from Ngenic to the User are written in Swedish or English and published in the App and/or sent by email to the email address that the User has specified for their Account. Notice that has thus been sent to the User shall be considered to have reached them at the latest the following day. The User thus agrees that information required by law and other information about their legal rights and obligations as well as regarding the Service may be sent to the User electronically. The User further agrees that the User’s electronic signature shall have the same effect as a signature in ink.
2. Ngenic has the right to from time to time make additions to and changes in the Agreement. The User shall be notified of such changes or additions at least 30 days before entry into force. If the User does not accept announced changes or additions, they have the right to terminate the Agreement in the manner specified in point 12.1. If the User has not notified Ngenic that they do not approve the changes or additions by the day before the day when the changes or additions take effect, the User is considered to have approved them.
3. Ngenic has the right to with immediate effect make the additions to and changes in the Service and/or Agreement that are prompted by law, regulation or authority decision.
4. Dispute regarding interpretation and application of the Agreement, which cannot be resolved after negotiation between the Parties, shall be decided in Swedish court according to Swedish law. The User may additionally turn to the municipal consumer guidance for advice or refer the dispute to the General Complaints Board (“ARN”), in cases where ARN is competent. For cross-border purchases of service or components via Ngenic’s website, the User may also turn to the EU Commission for Online Dispute Resolution at http://ec.europa.eu/consumers/odr.
5. The User has the right to submit written complaints to Ngenic. Contact information for Ngenic can be found at Ngenic.se.

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These terms apply from 2025-07-16 or from 2025-08-22 for existing users.

Terms of Service

Introduction

The Service

Prerequisites for using the service

Support and maintenance

Equipment

Fees and payment

Price changes

Data integrity & security

User guidelines

Intellectual property rights

Limitation of liability

Contract period and termination

Right of withdrawal

Assignment

Other

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