Terms and Condition
Terms And Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
By downloading the HUGO Energy App you agree to these terms. If you do not agree to these term do not download the App.
We, Hugo Technologies Limited, a company registered in England and Wales with company number 10551450 and its registered office at 117a Blackbrook Lane, Bromley, England, BR1 2LP, license you to use:
- the HUGO energy mobile application software (App) and any updates or supplements to it; and
- any services you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
App Store’s Terms
The ways in which you can use the App and Service may also be controlled by the terms, rules and/or policies of the store from which you download the App, such as the Apple AppStore, or the Google Play Store.
Support for the App and how to tell us about problems
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com
Use of the App
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto any mobile telephone or handheld device onto which app may be downloaded and view, use and display the App and the Service on such devices for your personal purposes only; and
- use any documentation created by us and made available via the App to support your permitted use of the App and the Service.
If you are provided with a username, password or other login details or credentials, you agree that you will keep them safe and confidential at all times, and will immediately notify us if you become aware of any unauthorised disclosure, use or loss of the same.
We do not guarantee that the App or the Service will be online and operational at all times, but will endeavour to ensure that it remains so.
You must be 18 or over to accept these terms and buy the App.
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
You agree that you will:
- 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, or otherwise use the App or Service for the purposes of providing services to third parties;
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
- not directly or indirectly extract, repurpose, copy, store and/or aggregate any data featuring on the App or the Service (including in relation to price comparison services);
- not copy the App or Service, or any of the content featuring on 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 translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service, nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- 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; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable Use Restrictions
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, 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 App or any Service;
- not transmit any material that is defamatory, offensive, sexually explicit or otherwise objectionable in relation to your use of the App or any Service;
- not upload any comments or data to the App or Service (including contributions to the top tips tiles section) which are inaccurate or misleading in any respect; and
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
Intellectual Property Rights
All intellectual property rights in the App, the Services and any content featured on them throughout the world belong to us or our licensors, and the rights in the App and the Services are licensed (not sold) to you.
You have no intellectual property rights in the App, the Services or any content featured on them other than the right to use them in accordance with these terms.
The App and the Service are meant as an aid to assist you in managing your energy usage. We do not warrant, and we provide no guarantee, that your use of the App or the Service will result in a reduction to your energy or CO2 usage or bills.
You are responsible for checking your SmartMeter. We accept no liability for errors in energy or CO2 calculations or reports which feature on the App or Service, 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 accurate, and we are not responsible for any errors or inaccuracies in the same. You are responsible for managing your own energy usage and expenditure.
Occasionally, when preparing reports to you, we do not have access to up to date tariff data. Where this is the case, we base our figures on estimates based on our experience and understanding, but we cannot guarantee that the figures provided are accurate.
You are responsible for ensuring that any estimates provided for energy providers using the price comparison tool are accurate. Energy providers may change their quotes at any time, and we accept no liability for any differences is prices shown on the App or Service and the ultimate quote provided by the energy provider.
The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The energy top tips tiles provided on the App and our Services are created and shared by other users. We are not responsible for the accuracy or reliability of any such top tips. If you report any top tips as being in breach of our Acceptable Use Restrictions above, then we will endeavour to remove such top tips, but accept no responsibility for any failure or delay in doing so.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.
The App and the Service is for domestic and private use. If you use the App 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.
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, but we are not responsible for any loss or damage that is not foreseeable. 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, including by not excluding liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meet your requirements.
If our provision of the Services or support for the App or the Services 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 will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Updates to the App and the Service
From time to time, we may automatically update the App or change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
If Someone Else Owns the Phone or Device
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
By using the App or the Service, you agree that we are entitled to connect to your SmartMeter and use the data from your SmartMeter to provide the Service and for our own business purposes.
We rely on information and data which is 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.
We use n3rgy data service (https://data.n3rgy.com) to interface with the national smart meter systems in order to collect, store, manage and share with us your Smart Meter data. This service uses the Smart Energy Code (https://smartenergycodecompany.co.uk/) Party credentials and Party ID of its parent, N3RGY LIMITED, incorporated and registered in England and Wales with the company number 11203504 whose registered office is at 4 Ovington Drive, Fleet, United Kingdom, GU51 1DF.
N3rgy data service ( https://data.n3rgy.com ) is used by HUGO to interface with the national smart meter systems in order to collect, store, manage and share with HUGO your Smart Meter data. This service uses the Smart Energy Code (https://smartenergycodecompany.co.uk/) Party credentials and Party ID of its parent, N3RGY LIMITED, incorporated and registered in England and Wales with the company number 11203504 whose registered office is at 4 Ovington Drive, Fleet, United Kingdom, GU51 1DF.
N3rgy data limited (https://data.n3rgy.com) requests your consent to access, store and process your energy consumption, generation and tariff information. If you agree, the following information will be requested from your smart meter on a daily or more frequent basis.
- Energy consumption & generation information for both gas and electricity (where available).
- Energy tariff information containing information of the price you are charged for energy consumed.
- Information identifying the energy meter (number, location, type).
N3rgy data limited provides the service of gathering energy data for many businesses. Still, each time a company requests your data, you will be requested to give consent to that specific company (and will be presented with this notice). The granularity of data gathered is of 30-minute intervals.
N3rgy data limited does not collect personal contact information and therefore relies on our Customers (the business you are currently consenting to) to agree with you the periods of time for which your data will be held and processed for.
n3rgy data limited provides full visibility and control of the information you have shared with these businesses via a consumer portal (https://data.n3rgy.com/consumer) where you can:
- Review which organisations you have granted access to.
- Download a copy of your data held by n3rgy data limited.
- Withdraw consent for any or all of the organisations listed.*
* if consent is withdrawn from all organisations, n3rgy data limited will also remove all of your identifiable data from our platforms.
All consumption, generation and tariff information gathered by n3rgy data limited will also be cleared of all personal identifiable data (anonymised) and pooled within a data set which is made available to all organisations who use the n3rgy data limited service. This enables us together with our customers to better understand the way we use, generate, and pay for energy, with the intent to further improve our nation’s energy efficiency and carbon reduction. Due to the nature of anonymisation used, it is not possible to identify your data from this wider set, and therefore to remove your contribution.
N3rgy data limited will use the Smart Energy Code (https://smartenergycodecompany.co.uk/) Party credentials and Party ID of its shareholder, N3RGY LIMITED, incorporated and registered in England and Wales with the company number 11203504 whose registered office is at 4 Ovington Drive, Fleet, United Kingdom, GU51 1DF.
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Certain Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you agree to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data.
You may stop us collecting such data at any time by turning off the location services settings on your device.
Third Party Websites
The App or any Service may contain links to other websites which are 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.
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right then we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Service:
- you must stop all activities authorised by these terms, including your use of the App and any Service;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
- we may remotely access your devices and remove the App from them and cease providing you with access to the Service.
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.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
Changes to these terms
We may need to change these terms from time to time. We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you, or you may not be permitted to continue to use the App and the Service.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Law and Jurisdiction
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Winter Cashback Terms
Demand Flexibility Service
We and our partners are working with National Grid ESO, the people who run the electricity network, to trial the National Grid’s Demand Flexibility Service (“NGDFS”), where households come together to use less energy at certain times – and get rewarded for their efforts. While your own home might only be a small drop in the ocean, every ocean is made up of many drops; so put enough of them together and they soon add up. Further details are available here
HUGO users can participate in between 21st November 2022 to 31st March 2023.
This mean we will pay you to reduce your electricity demand during certain periods this winter (“Demand Events“), mainly between the hours of 4-9pm when electricity demand peaks and grid carbon intensity levels are highest. Payments will vary, but we will try to estimate the payment for reducing each kWh that you would normally use. The expected value of the service will be around £3/kWh saved vs your normal consumption. So if during a Demand Event you would use 4 kWh and you end up using 2 kWh the payment would be £6. We will split the £3 with you on a 80% – 20% basis. So you would get £2.40 per kWh (less any deductions for money transfer fees in order to make a payment to your bank account). There will be a minimum of 12 Demand Events between November 2022 and March 2023, but it is likely there will be more.
You don’t have to participate in each one but only the ones that you find suitable.
How will the trial work?
Press the SETTINGS button (top right) in HUGO and there is a Winter Cashback Opt-In toggle button. up to 24 hours before each Demand Event we will notify you that a Winter Cashback period is starting. When you get this notification via email, SMS or via the APP the Winter Cashback button will become activated and allow you to Opt-In.
Our notification will advise you of the time Demand Event and give you plenty of time to decide to take part and activate the Winter Cashback button. We will also try to sent a reminder message just before the start of the Demand Event.
If your taking part we will read your smart meter data to measure your normal historic consumption (“Baseline Consumption“), and track how much you reduce demand during times when National Grid call on the service.
HUGO and/or its Partners will calculate your Baseline Consumption using the BSC P376 ‘Utilising a Baseline Methodology to set Physical Notifications’ with an in-day adjustment for domestic customers. This methodology looks at up to 10 days of your recent smart meter history, excluding days where a Session has taken place, to calculate your average consumption.
Once we know how much Winter Cashback you have accumulated this credit will be added to the HUGO app for you to review in the CO2 section. You will need to reduce your demand by a minimum of 25% during a Demand Event to earn any Winter Cashback money.
If for whatever reason you don’t manage to reduce demand, during the Demand Event there are no penalties for not participating and no penalties for using more electricity during the Demand Event.
After each Demand Event, we and our partners will calculate how much you have reduced your Baseline Consumption by, during the Demand Event. The results will appear in the running total in HUGO CO2 section.
What can I do to reduce electricity demand during an event?
Here’s some great ideas for helping you get the most out of participating:
- If you use an electric oven / cooker, why not cook your dinner a bit earlier or later, or use a slow-cooker earlier in the day
- Turns lights down / off and have a candle-lit dinner
- Avoid using energy intensive appliances such as tumble driers, washing machines and dishwashers during the event
- If you have a heat-pump or electric heating, turn down your thermostat a few degrees for an hour
- If you have kids, get them off the TV and computer consoles for an hour and get some quality time back!
- Don’t charge your electric car at this time
Rule of Participation for HUGO’s Winter Cashback Scheme
These Terms and Conditions govern HUGO’s Winter Cashback Scheme (the “Scheme”). By entering the Scheme, you agree to be bound by the following Rules:
The trial will be run by HUGO TECHNOLOGIES LIMITED, a company registered in England and Wales with registered number 10551450 and registered office at 117a Blackbrook Lane, Bromley BR1 2LP (“HUGO”, “we”, “us”) and its Partner(s) who help HUGO administer the Scheme data with the National Grid ESO.
These Rules, together with any other rules notified by HUGO about this Scheme, are the Scheme rules (“Rules”) and are applicable to this Scheme. You are agreeing to be always bound by these Rules.
HUGO reserves the right to terminate, withdraw or amend the Scheme and/or the Rules without prior notice. Any changes will be updated on our website.
If any dispute regarding the Scheme or the Rules, the decision of HUGO shall be final we reserve the right not to notify you about our final decision.
Only users of HUGO’s app (www.hugoenergyapp.co.uk) are eligible to sign up to HUGO and take part in the Scheme.
To be eligible for the Scheme, you must:
- At all times complies with these Rules;
- be a successfully registered user of HUGO app
- has a working electricity smart meter which has been sending us 75% of smart meter reading for the past 3 weeks.
- has at least a full day’s worth of half-hourly readings
- register into the Scheme’s Demand Event during the registration window by turning on HUGO’s app Winter Cashback Opt-In button in HUGO’s app SETTINGS.
- is not taking part in the Demand Flexibility Scheme or related schemes with another provider or supplier.
- Consent to HUGO providing your smart energy data and Baseload Profile to its partners to assess the outcome of the Demand Event
The Scheme starts on 21st November 2022 and will end on 31st March 2023 unless stated otherwise.
To partake you must opt-in to the Demand Event before it begins and reduce your electricity demand from the grid by a minimum of 25% against your Baseload Profile as measured by us.
We will only register/count 1 Meter Point Administration Number (‘MPAN’) or 1 user per household. If two people register for the Winter Cashback scheme from the same household using the same MPAN number we will only pay 1 user and the second or additional users will be deleted from that Demand Event.
In the event that we’re unable to pull your meter readings to calculate your usage from any of the Sessions, we’ll work it out using an average across all Scheme participants. If at any point throughout the Scheme you are no longer eligible under Clause 7, we reserve the right to remove you from the Scheme.
If your smart meter is not working on at the time of the Demand Event or you no longer live at the address to which you registered with the HUGO app we reserve the right to remove you from the Scheme.
By entering the Scheme, you confirm that your information is up to date and accurate. Any you provide any fraudulent or incorrectly completed information or if HUGO has reasonable grounds to believe that you have breached any of the Rules, HUGO reserves the right to disqualify you from the Scheme.
HUGO will not be liable to reimburse any expenses incurred with entering the Scheme and will not be liable for any errors or omissions in its decision making or the decision making of its Partners. We will also deduct any money transfer fees or bank transfer fees from any money we send to you from the Winter Cashback money owed to you when the Scheme ends.
If at any point you wish to opt-out of the Scheme before the Demand Event simply turn off the Winter Cashback opt-in button in the HUGO app SETTINGS.
Data Protection and Publicity
HUGO and its Partners will share customers’ Meter Point Administration Numbers with National Grid ESO to register customers in the Scheme and allocate payment to individual customers. HUGO and its Partners will provide National Grid ESO with half hourly electricity consumption, baseline and reduction data, summed across all customers in each of the 14 GSP Groups, for the purposes of delivering the Scheme. In rare cases, National Grid ESO may request detailed half hourly data around the events to audit performance and payment, which may include consumption data on an individual customer basis. By entering the Scheme, you agree to your information being used as such.
HUGO in its sole discretion reserves the right to withdraw or vary the Rules and/or any offer made in connection with them to comply with the decision of any relevant judicial or regulatory body and shall not be held liable to any entrant for doing so.