Terms and Condition
Terms And Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY 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 firstname.lastname@example.org
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,
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.