Ohme Mobile Application End User Licence Terms (UK Only)

1. Who we are

1.1. If you live in the United Kingdom or the Channel Islands, your licence is from Ohme Operations UK Limited of 5th Floor, Wellington House, 125-130 Strand, London WC2R 0AP.

1.2. In these terms, the relevant Ohme entity is referred to as “Ohme”, “we”, “us” or “our”.

2. What these Terms do

2.1. As permitted in these Terms, we license you to use:

• The Ohme mobile application software (the “App”) the data supplied with the App, and any updates or supplements to it.
• The functionality made available to you via the App and the content we provide to you through it (the “Service”). The “Service” includes our “Flexibility Services”, which are explained in further detail in paragraph 11 below.   
• Any of our products or features undergoing development which you test or participate in trials of (“Beta Products”, which are also known as “Ohme Labs” products and features).

3. Your privacy

Under data protection legislation, we are required to provide you with certain information including how we use the personal data we collect through your use of the App and the Service. This information is provided in our Privacy Policy.

4. Related Terms which apply

4.1. In addition to these terms, our General Terms and Conditions, Privacy Policy and Terms of Use will apply to your purchase of the Ohme intelligent electric vehicle product (“Ohme Product”)and use of the Service.

4.2. If you link your account in the App to our fleet platform, the Fleet Terms and Conditions will apply.

4.3. Use of the App may also be subject to Apple’s, Google’s, Amazon’s or other providers’ rules and policies (“Appstore Rules and Policies“). We recommend that you read these Appstore Rules and Policies carefully, and be aware that the provider may collect certain technical data from you about usage of the App.

5. Operating system requirements

5.1. The App requires a device running a minimum operating system of Android 12.0 for App v.2.25.0 and above (Android 8.0 for previous versions of the App) on Android devices and iOS 18.0 for App v.2.25.0 and above (iOS 17.0 for previous versions of the App) on Apple devices.

5.2. To protect the security and integrity of the App and the Service, your device must meet the following requirements at all times. It must:

5.2.1. be your own device which is a genuine, manufacturer approved device running an unmodified, official operating system;

5.2.2. not be rooted (Android) or jailbroken (iOS), meaning it must not have had its operating system modified in a way that removes or bypasses manufacturer or carrier restrictions;

5.2.3. be running a secure operating system that has not been compromised, tampered with or subjected to unauthorised modification; and

5.2.4. pass any device integrity and security checks that we carry out from time to time in accordance with paragraph 15 below.

6. Support for the App and contacting us

6.1. Support. If you want to learn more about the App or the Service or have any problems using them, please contact us using the App support and feedback section.

6.2. Contacting us. If you think the App or the Services are faulty or wish to contact us for any other reason, please contact us using the in-App messaging service or email our customer service team at [email protected].

6.3. How we will communicate with you. If we have to contact you, we will do so by email, using the email address you have provided to us, or by in-App message.

7. Changes to these Terms

7.1. We may need to change these terms from time to time, for example, to reflect changes in relevant laws and regulatory requirements, for security reasons, to enhance additional features available on our App or Services, to adapt to new technical developments such as a new operating system, or to make other reasonable technical adjustments to ensure the ongoing operability of our App or Services. Unless changes are minor or required to comply with law, we will give you reasonable notice of any changes to our terms by notifying you of a change when you next start the App.

7.2. If you do not accept the changes, you will not be permitted to continue to use the App and the Service.  You may terminate the use of the App by deleting your user account on the App and deleting the App from your device.

8. How you may use the App

8.1. By agreeing to comply with these terms you may:

• download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes; and
• use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

9. Where you can use the App

The App and Service is for users in the countries in which Ohme operates and makes the App and Service available, which are indicated on the geolocator function on our website. We do not promise that content available on or through the App is appropriate for use or available in other locations, or that the App (or any features or functionality) will work in other locations. If you are using the App from outside one of these locations, you do so at your own risk and are responsible for compliance with laws in your jurisdiction.

10. About the Service

10.1. When you receive your Ohme Product you will need to download the App and create a user account (“Account”) in order to access the Service. You will not be able to access the Service until you do so. You can still use the Ohme Product to charge your EV without downloading the App and accessing the Service but if you do not have an Account, you will not be able to access the additional capabilities of your Ohme Product. You agree that the information you provide when creating an Account and when using the App is accurate, current and complete and you agree to keep your Account profile information up to date and accurate at all times.

10.2. You will be asked to provide your electricity tariff information when you use the Service so that we can set up a charging schedule which optimises the charging options available to you on your tariff. If you do not know or cannot provide this information, the Service will automatically select a charging schedule based upon the requirements of your EV and/or the grid to manage demand and the charging requirements of your EV.

10.3. By using the Service, we will use your car log in credentials to obtain information about your car charge status in accordance with our Privacy Policy. The App may automatically update a charge profile and/or limit the charging rate for short periods if it determines that:

10.3.1. the charging requirement you have chosen is not achievable within the timeframe of the charging schedule specified. In these circumstances, we will notify you via the App and try to charge as much as possible in the time available;

10.3.2. an alternative charge schedule would achieve your desired outcome in a manner which also satisfies external electricity system conditions/requirements and/or manages electrical demand on the grid. This alternative still ensures your EV will be charged to the level required by the time set by you; and/or

10.3.3. such a change is required due to the provision of Flexibility Services (see paragraph 11 below).

11. Flexibility Services

What are Flexibility Services?

11.1. Ohme Products deploy smart charging. This means they are designed to provide flexible and smart domestic EV charging which works in coordination with, among other factors, flexible energy tariffs and the demands of the electricity grid network and flexibility energy markets, by controlling the timing and speed of charging when you recharge your EV (“Flexibility Services”).

11.2. Flexibility Services are provided by Ohme and its group companies (including Reflexi UK Limited) to eligible Ohme customers. By providing the Flexibility Services we aim to help you save money and help the environment.

How do Flexibility Services work?

11.3. The Flexibility Services create default charging schedules and monitor the charging of your EV based on your electricity tariff information, location and car settings, and your daily routine.  Taking into account your specified charging schedule and charging requirements we (or one of our group companies, as applicable) will remotely set and control your profile for charging your EV battery using the Ohme Product. This is based on our expertise and data obtained from you and from across the wider market, electric grid network conditions, and your charging criteria. We will have the right to turn your charger on and off at our discretion to optimise the charging of your EV battery to satisfy your requirements using the Ohme Product. If you disconnect your EV before the ‘Ready by’ time, your EV may not reach the ‘Charge to’ target amount you have set in the App. Some Ohme Products may not be suitable for some of our Flexibility Services.

11.4. When participating in Flexibility Services, you agree to us and/or one of our group companies (as applicable) accessing, collecting, and/or processing relevant data from your Ohme Product to provide the Flexibility Services, including telemetry data, half-hourly energy consumption data from your Ohme Product and your CT clamp, and personal data such as your Meter Point Administration Number and associated half hourly consumption data (where applicable). To deliver Flexibility Services we may share your personal data with third parties in accordance with our Privacy Policy.

11.5. You can opt out of Flexibility Services by emailing [email protected],  however you will not receive any benefit from participation in Flexibility Services, including free GSM connectivity which may not be offered beyond the first three years from ordering your Ohme Product.  If you opt out, you may still have access to the App, but you may not be able to access all of the features and functions available or which may be released on the App.

11.6. If you opt out, you can change your mind at any time and opt in to participate in Flexibility Services by contacting us on [email protected]. You will then benefit from free GSM connectivity for the life of your product where you use the Service and enable smart charging and full access to features and functions on the App. If you then decide to opt in, you will be unable to opt out again, but you will be able to create one-off charge schedules by using the maximum charge function at any time (see paragraph 11.13 below).

11.7. All customers can override any charging schedules set by Ohme and create one-off charge schedules by using the maximum charge function at any time. This stops Flexibility Services applying and you will not receive any benefit from participation in such Flexibility Services as set out below.

What are the benefits of smart charging utilising Flexibility Services?

11.8. Where we control the timing and speed of charging sessions of your Ohme Product through our smart charging which uses Flexibility Services, using the information you have provided, and taking into account your charging schedule and requirements, you should benefit from cheaper and greener charging.

11.9. You will also continue to receive GSM connectivity free of charge for the life of your Ohme Product where you use the Service and enable smart charging (unless there are unexpected costs outside of our control, in which case, we will provide reasonable notice to you).

11.10. You may receive discounts, rebates, vouchers, and/or direct payments from us from time to time as a result of the smart charging of your Ohme Product providing Flexibility Services to electricity network providers and participating in the flexibility energy markets. Any benefits received by you will be dependent upon the information you provide to us and your specified charging schedule and charging requirements.

11.11. More generally, participation in smart charging which deploys Flexibility Services helps keep our electricity networks in balance, enabling them to function more efficiently, save on electricity and carbon use and help enable the low-carbon transition.

12. No charges for the App or using the Service

12.1. We do not currently charge a fee to download the App or for using the Service. If this changes in the future, we will let you know in advance and give you the opportunity to decide whether you want to continue using the Service. There may in the future be opportunities for you to earn rewards through participation in flexibility aspects of smart charging via the Service. We will notify you where this is the case.

13. Where you are testing a Beta Product

13.1. We are constantly looking to improve our Service and to roll out improvements to it. Central to such continuous improvement is the ability to innovate with product beta test trials or new feature trials (“Beta Programmes”).

13.2. If you use our beta features or products (each a “Beta Product”), you must comply with the terms and conditions set out in this paragraph 13.

13.3. As a tester of a Beta Product, we license you to use the Beta Product for the purpose of testing and evaluating the Beta Product to assist Ohme in its development. This license will end once you are no longer an active participant in a Beta Programme or when Ohme ends the Beta Programme on notice to you.

13.4. You must promptly provide feedback to Ohme regarding Beta Products when requested. All feedback and information will be used by Ohme in developing and testing the Beta Products.

13.5. All intellectual property rights in the Beta Products, Beta Programmes, and in any materials, information, data, or feedback generated by the use of the relevant Beta Product belong to us (or our group companies). You have no intellectual property rights in, or to, the Beta Products other than the right to use them in accordance with this paragraph 13.

13.6. You must not misuse the Beta Product, merge, or modify it, or use it for any illegal purposes or in any manner inconsistent with these Terms.

13.7. You must keep confidential all information you receive or learn as part of your participation, including about the Beta Products, the Beta Programmes, and any development or marketing plans of Ohme (or its group companies).

13.8. Beta Programmes involve testing and development stages. You acknowledge that it is in the nature of testing the Beta Products that things will go wrong, and it may not be fully functional. There may be errors, design flaws, or other problems, including an adverse impact the operation of your Ohme Product.

13.9. Any Beta Product may rely heavily on third party processes which are not always reliable. You should expect things not to work the first time and/or break unexpectedly.

13.10. The Beta Programme may be dependent on the availability of third-party networks, software, and/or applications. We are not responsible for and cannot control these third-party products and services, and we will not be responsible for any issues or losses for the failure or non-availability of such third-party networks, software, or applications.

14. Updates to the App and changes to the Service

14.1. 14.1 We may automatically update (or ask you to update) the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system, or address security issues.

14.2. If you do not install updates or you opt out of automatic updates, you may not be able to continue using the App and the Service.

14.3. The App will work with the current or previous version of the operating system (as updated from time to time), provided it meets the minimum requirements set out in paragraph 5 and allowing time for us to update the App to the current version of the operating system.

14.4. Updates to the App or changes to the Service may not be available or compatible with certain Ohme products sold or installed prior to the release of such updates or changes.

15. Security and fair usage checks to the App and the Service

15.1. To protect the security, integrity and proper functioning of the App and the Service and to safeguard the interests of all users, we may carry out automated checks on devices used to access the App from time to time. These checks may include:

15.1.1. verifying that the device is a genuine iOS or Android device;

15.1.2. verifying that the device is running an official, unmodified operating system;

15.1.3. verifying that usage of the App and/or Service is being used fairly and not excessively, where we consider that more than 200 calls in a 24 hour period for a sustained period of 72 hours is not a reasonable amount of data to use by a reasonable consumer;

15.1.4. checking whether the device has been rooted (Android) or jailbroken (iOS); and

15.1.5. detecting whether the App is being accessed by automated tools, bots, scripts, or unauthorised third-party software.

15.2. By using the App, you consent to us carrying out the checks described in paragraph 15.1. We will process any data obtained through these checks in accordance with our Privacy Policy.

15.3. If a device fails any of the checks described in paragraph 15.1, or if we have reasonable grounds to believe that the App or your account is being accessed in an unauthorised manner, we may:

15.3.1. notify you and request that you take reasonable steps to address the issue within a reasonable timeframe specified by Ohme;

15.3.2. temporarily suspend or restrict your access to the App or the Service pending investigation or resolution of the issue; and/or

15.3.3. permanently withdraw your access to the App and the Service if the issue is not resolved within the timeframe specified, or if we determine that the access constitutes a material breach of these terms in accordance with paragraph 22.

15.4. We will always act reasonably and proportionately when taking action under this paragraph 15, taking into account the nature and severity of the identified issue. Where it is reasonable and practicable to do so, we will notify you and give you an opportunity to respond before taking action that permanently affects your access to the App or the Service.

16. Limitations to the App and the Service

16.1. Although we will provide the App and the Service using reasonable care and skill and make reasonable efforts to update the information provided by the App and the Service, we do not guarantee the information, including any usage exports, is accurate, complete, or up to date.

16.2. If you access any usage data made available through the App and the Service, your estimated charging costs are for indicative purposes only, based on kWh used in your charging session and the tariff you have entered into the App. We do not guarantee that any usage data made available through or exported from the App and the Service is representative of your actual electricity costs, which may be more or less than the amount shown.

16.3. We do not guarantee that the App or Service will always be available or be uninterrupted.

16.4. We do not guarantee that the Flexibility Services will be compatible with your EV battery or that it will operate in accordance with your preferences.

16.5. You are responsible for ensuring (by checking with the manufacturer of your vehicle) that your vehicle’s integration with the App is on the latest updated version at all times, and you acknowledge that if your vehicle’s integration with the App is not the latest updated version this may interfere with your ability to use the App and the Service. We will not be responsible for any loss you suffer caused by your vehicle’s integration with the App.

16.6. 16.6 If you are a consumer and if the App or the Service is faulty, you may have certain rights and remedies under consumer law, and nothing in these terms changes any legal rights or remedies you may have.

17. We are not responsible for third party websites, content and applications we use

17.1. The App or Service may contain links to other independent websites. Such independent sites are not under our control, and we are not responsible for and have not checked their content or their privacy policies. You will need to make your own independent judgement about whether to use any such sites.

17.2. The App and Service relies on independent third parties to provide data, which may include information relating to tariff charges and the carbon intensity on the power grid. Such independent data providers are not under our control, and we are not responsible for and have not checked their content or data.

17.3. The App and/or Service may be integrated with other third-party applications and services (“Third Party Applications”) which may have their own terms and conditions and privacy policies. Such terms and conditions and privacy policies will be provided to you by those third parties. We are not responsible for the behaviour, features or content of any Third Party Applications and we do not guarantee the continuing compatibility of Third Party Applications with the App.

18. Restrictions on use of the App

18.1. You must:

• stop all use and delete the App immediately when you are no longer the person entitled to receive the Service. For example, you may no longer own the Ohme product or be responsible for paying the charges related to the use of the Ohme product;
• not use or misuse the App to prevent anyone else from accessing the Ohme product to which the App is connected (where that other person is properly entitled to receive the Service);
• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
• not authorise, permit, or enable any third party to access the App, the Service, or any data generated through your use of the App or the Service, by using your credentials or by any other means;
• not use a rooted, jailbroken, or otherwise modified device to access the App or the Service, as this may compromise the security and integrity of the App and the Service and of other users;
• not copy the App or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not merge or modify, the whole or any part of the App or Service nor permit the App or the Service or any part of them to be combined with any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
• not use the App or any Service for any illegal or unlawful purposes or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting viruses into the App or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
• not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the App or any Service;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that such actions cannot be prohibited under applicable law;
• not use the App or any Service in a way that could damage or compromise our systems or security or interfere with other users; and
• not collect any information from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

19. Intellectual property rights

All intellectual property rights in the App and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. We own and have the rights to use any data or information generated during or in connection with your use of the App and the Service. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.

20. Your account details

20.1. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of using the App and/or our security procedures, you must treat such information as confidential. You must not disclose such information to any third party and disclosing it with any third party constitutes a serious breach of these terms.

20.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

20.3. If you know or suspect that anyone else knows your user identification code or password, you must promptly notify us using the contact details at paragraph 6.2.

20.4. If we have reasonable grounds to suspect that your credentials have been shared with, or your account has been accessed by a third party without our authorisation, we may contact you to request clarification. We will give you a reasonable opportunity to respond before taking any action on your account. We may suspend or restrict access to your account in the interim where necessary to protect security.

21. Our responsibility for loss or damage to you

21.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

21.2. When we are responsible for damage. If defective digital content that we have supplied causes damage to a device or other digital content belonging to you, and the damage would not have occurred if we had exercised reasonable skill and care, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update or for damage caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us, or for damage caused as a result of your failure to ensure that your vehicle’s integration with the App has been updated to the latest version.

21.3. Exclusions of liability and limitation on our liability if you are a business user. If you use the App and/or Service for any commercial, business or resale purpose (in other words, other than as a consumer):

21.3.1. we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of data, or indirect or consequential loss; and

21.3.2. any liability we have to you will be capped at GBP 500 for all claims arising out of or in connection with an event or series of connected events.

The exclusions and limitation on our liability set out in this paragraph 21.3 do not apply to consumer users.

21.4. We are not responsible for events outside our control. If the App or Service is not available due to an event outside our control, or the Service or support for the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the interruption in availability or delay. Provided we do this, we shall not be liable for any delays or failures caused by the event. If there is a risk of substantial delay you may end your use of the App at any time by deleting your user account on the App and by deleting it from your device,

21.5. We do not have responsibility for losses which are caused by you, your vehicle, or third-party involvement or circumstances outside our control. This includes:

21.5.1. your use and/or misuse of the App or Service, including, but not limited to, as a result of a software failure or leading to extensive public charging costs;

21.5.2. the way in which you have configured your charging schedules or (provided your specific charging requirements are met) the way in which your default charging schedules are automatically re-configured by use of the Service;

21.5.3. charging constraints, adjustments to the application of your charging schedule, or adjustments to your charging schedule we make based on electric distribution system requirements;

21.5.4. any wear or degradation of your EV battery or impact on the lifespan of your EV battery that may result from the optimisation of your charging by your use of the Service or Flexibility Service;

21.5.5. an incorrectly set up device used to access the Service (including any time zone configuration);

21.5.6. where you do not have sufficient mobile coverage for the Ohme Product to provide the Service, including enabling intelligent charging or participation in Flexibility Services; or

21.5.7. any third-party products or services that are beyond our control which we rely on to provide part of the Service, including installation error, damage caused by installation to physical property (e.g. the wall or electricity supply).

22. Ending your rights to use the App and Service

22.1. We may suspend, restrict access to or end your right to use the App and/or Service by contacting you if you have broken these terms at any time. If what you have done can be put right, we will give you a reasonable opportunity to do so.

22.2. You may end your use of the App at any time by deleting your user account on the App and by deleting it from your device.

22.3. We may suspend, withdraw, or restrict the availability of the App (or any part of it) for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

22.4. We may suspend or end your access to the App and Service if we have reasonable grounds to believe that you are no longer the owner or rightful user of the associated Ohme product to which the App is connected. In such circumstances, we may permit someone else to connect to the Ohme product via the App.

22.5. If you or we end your use of the App and Service, you must immediately stop all activities allowed by these terms and delete or remove the App from your device.

23. We may transfer these Terms to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

24. You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out in these terms. You may not transfer the App or the Service to someone else for any reason. If you sell any device on which the App is installed, you must remove the App from it.

25. No rights for third parties

These terms are between you and us. Nobody else has any rights under these terms to enforce any of its terms.

26. What happens if any of these Terms is unenforceable?

If a court or regulatory authority decides that one or more of these terms in unenforceable under applicable law, the rest of these terms will continue to apply.

27. Which laws apply and where to bring claims

27.1. Business users:

If you are a business user, these terms, their subject matter, and their formation, are governed by English law and you and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter.

27.2. Consumer users:

27.2.1. If you are a consumer user resident in the United Kingdom, these terms are governed by English law. You may also have the protection of certain mandatory rules of law in the country in which you live.

27.2.2. You may bring a claim against us under these terms in the courts of the country in which you live or in the English courts.