1. Eligibility
To use the Services provided by SmartGen Technology, you must:
• Be at least eighteen (18) years old and capable of entering into contracts.
• Complete the account registration process.
• Agree to these Terms and the other policies linked in these Terms of Use.
• Provide accurate, complete, and up-to-date contact information.
Please read these Terms of Use (“Terms”) carefully. By using the Services (as defined below),
you agree to these Terms, which form a legal agreement between you and SmartGen
Technology.
This Agreement will remain in effect as long as you have a user account or until you or we
terminate the account in accordance with these Terms and linked policies, whichever occurs
first.
2. About Us and These Terms of Use
“We,” “us,” or “our” refers to SmartGen Limited, trading as SmartGen Technology.
“You” or “your” refers to the person who has registered for the Services or purchased the
Product.
“Our Site” refers to our websites at [www.smartgentechnology.com] (including any
subpages) and any mobile app owned and operated by us.
“Products” refers to any products purchased through Our Site.
“Services” refers to the access to and use of Our Site and any digital content you view on it,
plus any other services you connect to via Our Site.
“Terms” refers to these Terms of Use, our Privacy Policy, and our Cookie Policy (collectively
the “Agreement”), all of which you agree to be legally bound by if you use our Services. You
can find copies of each policy at [www.smartgentechnology.com/policies].
SmartGen Limited is a limited company registered in England and Wales (company number
14816415), and our address for correspondence is: Direct Save House, Tolpits Lane,
Watford, England, WD18 9RS.
These Terms apply to any version of the Services that you download from the Apple App
Store, Google Play Store, or any other Appstore provider from whose site you download the
Services (“Appstore Provider”), including any updates or supplements to the Services unless
they come with separate terms, in which case those terms apply. These Terms are entered
into between you and us.
No other third party, including any Appstore Provider, shall have any obligations with
respect to the Services or Products. However, any such Appstore Providers are third-party
beneficiaries of these Terms. Upon your acceptance of these Terms, the Appstore Provider, 9
as the case may be, shall have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as a third-party beneficiary.
From time to time, updates to Our Site may be issued through the Appstore Provider.
Depending on the update, you may not be able to use our app until you have downloaded
or streamed the latest version of the app and accepted any new terms.
3. Changes to These Terms
We reserve the right to change these Terms at our sole discretion from time to time. The
Terms that apply to your use of the Services will be the version displayed on our website at
the time you access Our Site.
We may amend these Terms at any time by posting the amended terms on Our Site and
notifying you via email or push notification. Your continued use of the Services after
changes to the Terms have been made means that you agree to be bound by such changes.
Every time you order Products or sign up for Services from us, the Terms in force at that
time will apply.
If we introduce new functionality, Services, or Products, then use of such additional features
may be subject to you accepting additional terms and conditions or changes to these Terms.
4. Acceptable Use Restrictions
When using our Services, you agree to:
• Keep your contact details and other information on your account accurate and up to
date. If you move home or if the person identified as the bill payer changes at the
property for which the identified smart meter is registered, you must notify us
immediately via the customer service portal.
• Not use the Services in any unlawful manner, for any unlawful purpose, or in any
manner inconsistent with these Terms, or act fraudulently or maliciously, such as by
hacking into or inserting malicious code, such as viruses or harmful data, into the
app, 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 Services.
• Not transmit any material that is defamatory, offensive, or otherwise objectionable
in relation to your use of the Services.
• Not upload any comments or data to the Services that are inaccurate or misleading
in any respect.
• Not use the Services in a way that could damage, disable, overburden, impair, or
compromise our systems or security or interfere with other users.
5. Intellectual Property Rights
You do not have any intellectual property rights in the Services or any content featured on
them other than the right to use them in accordance with these Terms.10
We are the owner or the licensee of all intellectual property rights in Our Site, and in the
material published on it. These works are protected by copyright laws and treaties around
the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of material on Our Site
must always be acknowledged.
You must not use any part of the materials on Our Site for commercial purposes without
obtaining a licence to do so from us or our licensors.
6. Liability
The Services are intended to assist you in managing your energy usage. However, we do not
guarantee that your use of the Services will result in a reduction in your energy or CO2
usage or bills.
You are responsible for checking your Smart Meter. We accept no liability for errors in
energy calculations due to a faulty Smart Meter, 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 free of errors or inaccuracies. You are responsible for managing
your own energy usage and expenditure.
Although we make reasonable efforts to update the information provided by the Services,
we make no representations, warranties, or guarantees, whether express or implied, that
such information is complete or up to date.
7. Energy Data
By using the Services, you agree that we are entitled to connect to your Smart Meter and
use the data from your Smart Meter to provide the Services.
This includes information from your smart meter about your energy usage, patterns of
usage, the energy supplier you have chosen, the cost of your energy usage, and your
property’s supply point reference number (MPAN).
We rely on information and data provided by third parties to understand your energy usage
and expenditure. We are not liable for any inaccuracies in such energy usage or expenditure
data.
8. Third-Party Links and Services
Third-Party Data Services
With your consent, we may use third-party services to interface with national smart meter
systems in order to collect, store, manage, and share your Smart Meter data. You can
withdraw your consent at any time by contacting us.11
For further information on how your data is processed, please refer to the Partner’s Privacy
Policy on their website.
Third-Party Websites
Our Services may contain links to other websites 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.
9. How We Use Your Personal Information
We only use your personal information in accordance with our Privacy Policy. By using Our
Site and purchasing our Products and Services, you consent to such processing, and you
warrant that all data provided by you is accurate.
We request your consent to access, store, and process your energy consumption,
generation, and tariff information. If you agree, the following information will be required
from your smart meter on a daily or more frequent basis:
• Energy consumption and generation information for both gas and electricity (where
available).
• Energy tariff information containing details of the price you are charged for energy
consumed.
• Information identifying the energy meter (number, location, type).
We provide the service of gathering energy data from smart meters in 30-minute intervals.
You have full visibility and control of the information via our app, where you can view the
data collected and, if desired, withdraw consent.
In some circumstances, we may anonymise your personal data (so that it can no longer be
associated with you) for research or statistical purposes. Such anonymous datasets
(consumption, generation, and tariff) will be pooled within a data pool. This will enable us,
together with our customers, to better understand energy usage, generation, and payment,
with the intent to further improve the United Kingdom’s energy efficiency and carbon
reduction.
10. Termination and Deletion of Account
We reserve the right to terminate the Services being provided to you at any time with
reasonable notice should we choose to stop providing the Services or a significant part of
our business, or if you have breached these Terms in a serious way. If what you have done
can be rectified, we will give you a reasonable opportunity to do so.
Once every 24 months, we will request a revalidation of your address and consent to collect,
store, and process your energy consumption, generation, and tariff information.
If your address is not revalidated, we will not collect, store, or process any new data from
that point, and you will not be able to use the app until you revalidate your address. If you 12
do not revalidate your address and your account is inactive for a further 2 years, we may
terminate your account.
If your user account is inactive for 24 or more months, we may terminate your account.
Once your account is terminated, you acknowledge and agree that we will permanently
delete your account and all personal data associated with it.
Withdrawal of consent: You can ask us to delete or remove your personal data where there
is no good reason for us continuing to process it. However, we may not always be able to
comply with your request for erasure for specific legal reasons, which will be notified to you,
if applicable, at the time of your request.
From within the SmartGen app, you can go to Settings > Account > Delete Account to
initiate the deletion of your account and personal data.
Your account will be closed, your personal data, including backup data, will be deleted, and
we will stop communicating with your smart meter within 1 day.
Alternatively, you can send a request to contact@smartgentechnology.com. Your account
will be closed within 30 days of receipt of the email, your personal data will be deleted, and
we will stop communicating with your smart meter. You will receive an email confirmation
once this is complete.
11. Transferring Agreement
We may transfer our rights and obligations under these terms to another organisation. We
will always notify you in writing if this happens and will ensure that the transfer will not
affect your rights under the contract.
You may only transfer your rights or obligations under these terms to another person if we
agree in writing.
12. Availability of the Services
We cannot guarantee that the Services or Our Site will always be available. Sometimes there
are errors that affect the availability of the Services or Our Site or require us to undertake
maintenance work. If a fault occurs in the Services or Our Site, please report it to us, and we
will try to correct the fault as soon as reasonably possible.
We will use reasonable endeavours to notify you in advance of scheduled maintenance, but
you acknowledge that you may receive no advance notification for downtime of Our Site or
unavailability of the Services caused by emergency maintenance or events outside our
reasonable control.
Our Site and material on Our Site contain information that is owned by us or third parties or
both. You must not conceal, change, or remove any markings that show who owns this 13
information, such as copyright (©), registered trademark (®), or unregistered trademark (™)
markings.
13. Changes to the Services
We may make changes to the Services from time to time and shall be entitled to modify the
features and functionality of the Services. Any material changes to the Services shall be
notified to you as soon as reasonably practicable.
In addition to our rights above, we shall be entitled to make changes to the Services from
time to time for the purpose of:
• Maintaining the security, performance, or availability of the website and/or Services;
or
• Complying with all applicable laws, statutes, regulations, orders, regulatory policies,
guidance, or industry codes in any jurisdiction.
14. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms, we encourage
you to contact us first to seek a resolution. Our goal is to resolve any concerns quickly and
amicably.
If a dispute cannot be resolved through negotiation, both parties agree to consider
mediation as a next step. Mediation is a voluntary and confidential process where a neutral
third party helps to facilitate a resolution.
If mediation fails to resolve the dispute, either party may propose that the dispute be
resolved through binding arbitration, a process in which a neutral arbitrator makes a
decision that is final and enforceable. Both parties would need to agree to arbitration for it
to be used.
These dispute resolution methods do not affect your statutory rights as a consumer, and
you are still entitled to seek redress through the courts if necessary.
15. Matters Beyond Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of,
any of our obligations under these Terms, including the provision of any Products or
Services that is caused by an Event Outside Our Control, as defined below.
An Event Outside Our Control means any act or event beyond our reasonable control,
including but not limited to strikes, lock-outs or other industrial action by third parties, civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster, or failure of public or private
telecommunications networks or impossibility of the use of railways, shipping, aircraft,
motor transport, or other means of public or private transport.14
If an Event Outside Our Control takes place that affects the performance of our obligations
under these Terms:
• We will notify you as soon as reasonably possible; and
• Our obligations under the Terms will be suspended. Where the event outside Our
control affects our delivery of Products to you, we will arrange a new delivery date
with you after the Event Outside Our Control has ceased.
