Ohme Mobile Application End User Licence Terms

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 and integrations with devices (such as the Ohme Alexa Skill) (the “App”), the data supplied with the App, and any updates or supplements to it.
• The service you connect to 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

The App requires a device running a minimum operating system of Android 8.0 for App v.1.30.0 and above (Android 6.0 for previous versions of the App) on Android devices and iOS 16.0 for App v.1.29.0 and above (iOS 14.0 for previous versions of the App) on Apple devices.

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. 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.

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 cheaper and/or greener 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 grid network demands (“Flexibility Services”). We aim to save you money, help the environment and extend your EV battery life by providing the Flexibility Services which control the timing and speed of charging when you recharge your EV.

11.2. The Flexibility Services create default charging schedules based on your electricity tariff information and daily routine and monitor the charging of your EV. Taking into account your specified charging schedule and charging requirements, we 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 using the Ohme Product.

Do the Flexibility Services apply to me?

11.3. Yes, if you use the Service and set charging preferences in the App.

11.4. For customers who purchased their Ohme Product on or after 4 July 2024:

11.4.1. Your Ohme Product will be subject to the Flexibility Services we operate, and you may receive benefit from participation in such Flexibility Services in accordance with these Terms.

11.4.2. Any benefits received by you will be dependent upon the information you provide to us and your specified charging schedule and charging requirements.

11.4.3. You are able to override the Flexibility Services at any time by creating one-off charge schedules (see paragraph 11.6 below).

11.5. For customers who purchased their Ohme Product before 4 July 2024:

11.5.1. Your Ohme Product will be subject to the Flexibility Services we operate, and you may receive benefit from participation in such Flexibility Services in accordance with these Terms (dependent upon the information you provide to us and your specified charging schedule and charging requirements).

11.5.2. You can opt out of Flexibility Services by emailing [email protected], and in this case you will need to set your own charge patterns in the App, and you will not receive any benefit from participation in Flexibility Services. You will also only receive free GSM connectivity for the first three years from ordering your Ohme Product.  If you opt out, you may not be able to access future features and functions which may be released on the App.

11.5.3. 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 11.6 below).

11.6. 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?

11.7. 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.

11.8. 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).

11.9. 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.

11.10. 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 the 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”) and to ensure that Ohme Products, when used together with the Service, can help to provide balancing and stabilising services to the electricity networks, one of the major benefits of flexible and smart EV charging.

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 be may 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. 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. Limitations to the App and the Service

15.1. Although we will provide the App 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 is accurate, complete, or up to date.

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

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

16.1. 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.

16.2. The App and Service relies on independent third parties to provide data, including 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.

16.3. The App and/or Service is 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.

17. Restrictions on use of the App

17.1. 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 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 purposes or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting viruses;
• 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 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.

18. 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.

19. Your account details

19.1. 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 it to any third party.

19.2. 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.

19.3. 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. Our responsibility for loss or damage to you

20.1. 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.

20.2. When we are responsible for damage. If defective digital content that we have supplied directly damages a device belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by taking reasonable action, including 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.

20.3. We are not liable for business losses. The App and Service is for domestic and private use. If you use the App and/or Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.4. We are not responsible for events outside our control. If 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 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 contact us to end your contract with us.

20.5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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:

20.5.1. your use and/or misuse of the Service;

20.5.2. 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;

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

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

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

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

21. Ending your rights to use the App and Service

21.1. We may suspend or end your right to use the App and 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.

21.2. 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.

21.3. 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.

21.4. 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.

21.5. 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.

22. 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.

23. 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.

24. 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.

25. Which laws apply and where to bring claims

These terms, their subject matter, and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction for any claims except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.