Terms and conditions for True Energy's App
Welcome to our application: True Energy (the "App"). The App is published by True Energy ApS, CVR no 39406764 ("True Energy"). By downloading The App, or accessing The App through other means, you accept to be bound by the following terms and conditions.
2. Agreement date
Registration is considered complete from the date when you have created the login and password through the App that makes it possible for True Energy to control the charging of your electric vehicle or other machines and services.
Our delivery is carried out through the App, which can be downloaded from the Apple App Store and Google Play-store. The agreement includes optimisation of your electricity consumption for the products and services you specify in the App and for which True Energy has developed integration functionality. Optimisation occurs in accordance with the specifications you choose in the App. For electric vehicles, there is the possibility of participating in Kabelrabat™. You can read more about this below.
The hourly rates for electricity shown in the App reflect the spot price of electricity as it is traded daily on the Nordpool electricity exchange and exclusive of any supplemental charges that your electricity provider may charge you. Hourly electricity rates are updated daily.
In addition to the spot price and any supplemental charges from your electricity provider, you pay costs to your grid company and public fees on your electricity bill, meaning that the total price per kWh is not shown in the App.
Kabelrabat™ is disbursed when True Energy receives payment from Energinet for its participation in the grid's reserve capacity - called "Big Battery" in the App. The payment is shared with participants in Big Battery so that you receive a portion of the income from Energinet, calculated on the basis of how much empty battery storage you have made available during the periods when True Energy has run Big Battery, as well as any other agreements that have been made between you, the re-seller and True Energy.
An updated list of True Energy partners and re-sellers can be found at: https://www.trueenergy.dk/partners.
Kabelrabat™ remittance is dispersed when True Energy receives payment from Energinet for its participation in the grid's reserve capacity - called "Big Battery" in The App. The payment is shared with participants in Big Battery so that you receive a portion of the income from Energinet, calculated on the basis of how much empty battery storage you have made available during the periods when True Energy has run Big Battery, as well as any further agreements that have been entered into between you, the re-seller and True Energy.
The details of how much Kabelrabat™ you are eligible for are continuously updated and visible via the App.
The achieved rebate is either deducted from your electricity bill by your electricity supplier, or from your monthly subscription fee if you are a True Energy premium customer.
By deleting the App, you are simultaneously terminating your use of True Energy's services relating to your registered electric vehicles as well as other machines and services.
6. Temporary Disruption of Services and Expiry of Services
True Energy endeavours to make the App available 24 hours a day, but True Energy reserves the right to temporarily discontinue or cease provision of services relating to or through the App. Such discontinuation or cessation can occur with or without notice, and should True Energy choose to do so or should external circumstances force such disruptions to services, True Energy's liability shall be limited to the greatest extent possible.
You bear the responsibility to download updates for the App to the extent that True Energy releases updates.
It is your responsibility to comply with applicable laws and these terms and conditions when using the App. This includes, but is not limited to, that the App may not be used in any unlawful manner, that no attempt may be made to obtain unauthorized access to the App, and that no part of the App may be altered, adapted, translated, or reverse engineered.
By providing login information to True Energy regarding your electric vehicle and/or other machines and services, you guarantee to True Energy that you are entitled to disclose this information to True Energy and you accept full responsibility for True Energy's integration with the software that controls your electric vehicle, appliances, and/or other machines and services. True Energy cannot be held liable for this.
True Energy is not responsible for any losses incurred by you as a result of operation or power failures or similar occurrences, or as a result of failures or malfunctions in the App, including any operational losses, losses of profit, or indirect losses which you may otherwise suffer as a result of the simultaneous use of the App in relation to your profession or job.
8. Delivery Obstacles and Force Majeure
In case of force majeure, your and True Energy's obligations to each other are suspended for as long as force majeure exists. Force majeure may include one or more incidents of the following, non-exhaustive, list:
a. Extraordinary natural disasters, including earthquakes, floods, and ice winters
b. Anti-societal events, including wars, riots, or terror
c. Fires, conflagrations, and vandalism
d. IT-manipulation and other, accidental, events that cause disruptions to IT and communications
e. Breakdown of or damage to electrical systems that are not caused by the utility supplier's faults or neglect
f. Impossibility of obtaining necessary labour, machinery, materials, or subcontractors
g. Labour disputes, including but not limited to strikes and lockouts
h. Uncertainty of electricity supply, including insufficient energy production and/or imports.
9. Personal data
For information vedrørende True Energys persondatapolitik og behandling af persondata henviser vi til følgende link på vores hjemmeside: www.trueenergy.dk/Privacy.
The copyright of all material included in the App, including all information, data, text, audio, images, graphics, videos, calculations, and messages, is the property of True Energy and such material may not be copied, edited, modified, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited, disseminated, or used without express written agreement with True Energy.
11. Agreement Changes
Your agreement with True Energy consists of these terms and conditions, as well as any terms for the disbursement of Kabelrabat™ that your True Energy re-seller or partner has entered into with you.
Your electricity supply agreement is not part of this agreement.
True Energy retains the right to change these terms and conditions. If True Energy makes any material changes to these terms and conditions, you will be notified of the changes via email sent to the most recent email address you provided to us and/or by notifying you of the changes through the App itself. Any changes to these terms and conditions will take effect thirty (30) calendar days after sending notifications via email and/or giving notice of changes through the App itself. By continuing to use the App after the expiration of the thirty (30) calendar days' notice, you will be deemed to have accepted the changes.
Please note that you are responsible at all times for keeping your personal information up to date, so True Energy has your current email address. If, however, the most recent email address you provided to us is not valid, our sending of the email with the message will still constitute effective notice of any changes described in the notice.
12. Contact Information
Please contact your True Energy partner or re-seller regarding questions about use of the App.
If you experience errors in the App, you can notify True Energy by sending an email to: email@example.com.
True Energy ApS
The App is covered by the Danish Product Liability Act (in Danish: Produktansvarsloven).
If you wish to make a complaint, please contact True Energy using the above-mentioned contact information. The complaint should include your App username (email address) and a description of your dissatisfaction. True Energy will process your complaint within 10 business days.
If you are unsatisfied with True Energy's processing of your complaint, you can make a formal complaint to The Danish Consumer Complaints Board (in Danish: Forbrugerklagenævnet).
14. Applicable Law and Venue
Disputes between yourself and True Energy that cannot be mediated and resolved between the two parties must be settled in accordance with Danish law. Cases against True Energy relating to these terms and conditions shall be brought before the district court in Helsingør, Denmark.
These terms and conditions apply from March 23, 2020.
Terms and conditions for Kabelrabat™
This document describes the terms and conditions for achieving Kabelrabat™ from True Energy ApS (”True Energy”).
To gain access to Kabelrabat™, you must purchase electricity for your household from True Energy or one of our partners and use True Energy's application when charging your electric vehicle. It is therefore a prerequisite for obtaining Kabelrabat™ to enter into the following agreements:
a. Leveranceaftale hos en af vores partnere eller True Energy ApS.
En opdateret liste over partnere findes på https://www.trueenergy.dk/partners
b. Vilkår for brug af True Energys App jf. https://www.trueenergy.dk/terms-and-conditions/
3. Delivery Conditions
Kabelrabat™ is conditional upon Energinet's approval of and financial remuneration for True Energy's participation in the market for system services for balancing the power grid. True Energy participates in this market with its “Big Battery” service.
Big Battery refers to True Energy's access to many batteries at once, which True Energy can control centrally. Thus, Big Battery can participate in the balancing of the Danish electricity grid. If there is too little power in the electricity grid, True Energy stops charging all cars attached to Big Battery for a short period of time (typically a few minutes). Conversely, if there is too much power, charging starts. True Energy never sends electricity from your battery into the electricity grid. In this way, your and others' electric vehicles help to reduce the fluctuations in electricity demand, so that electricity producers avoid starting expensive and polluting power plants if there suddenly is extraordinarily high or low demand for electricity.
True Energy bliver betalt af Energinet for at levere denne systemydelse. Når din bil deltager i Big Battery, deler vi betalingen med dig. Det sker i form af Kabelrabat™. Du optjener Kabelrabat™, hver gang din bil deltager i Big Battery. På True Energys hjemmeside kan du læse mere om, hvordan Kabelrabatten™ beregnes: https://www.trueenergy.dk/kabelrabat/.
Energinet may choose to divide, modify, and completely cancel payment for system services. Energinet may also change the requirements for participating in the delivery of system services. These and other changes that have the effect that True Energy can no longer participate in the delivery of system services or no longer receives payment from Energinet will result in the cancellation of all payments of Kabelrabat™ to you no later than when the changes from Energinet take effect for True Energy. True Energy will notify you as soon as possible (see the "Conditions Changes" section for details), should such a situation arise.
4. Conditions for Participation in Big Battery
The following conditions must be met before the vehicle can participate in Big Battery:
- You must use True Energy's application to charge your electric vehicle.
- The charging point behind your electricity meter (i.e. at home) must be set on SmartCharge. Cars on QuickCharge do not participate in Big Battery.
- During the initial phase, True Energy will primarily deliver Big Battery during the night between midnight and 4 AM. Therefore, your vehicle must be connected to its charger during this time to participate in Big Battery. The time period will change as the number of vehicles participating in Big Battery changes.
- If your car is disconnected, or the power or communication link to the car disappears while you are participating in Big Battery, the remuneration will be reduced proportionately.
5. Reduced Participation in Big Battery
True Energy cannot guarantee that all vehicles with a charging cable and/or charging box connected to the electricity grid will participate in Big Battery.
- There may be circumstances related to the individual vehicle that may cause it to be unable to participate once or several times. For example, the following reasons may lead to such a situation: If the connection to the car is unstable, if there is a short time to the car owner's specified ready time, or if a very long charging time is required.
- True Energy may win bids for smaller capacity than turns out to be available.
- A fair distribution among participating vehicles will be sought on a monthly basis, if the vehicles are available for Big Battery, but cannot participate for the reasons set out in point 2 above.
Energinet's remuneration for system services is traded at a daily auction and varies hour by hour. Thus, remuneration for participation in Big Battery also varies. Energinet pays different prices for different types of system services, depending on, among other factors, where geographically the system service is delivered.
True Energy shares Energinet's remuneration with you. Your saved Kabelrabat™ can be viewed in True Energy's application.
All remunerations of Kabelrabat™ are settled and stated in Danish kroner, including VAT and other fees in accordance with applicable rules.
Kabelrabat™ is calculated as a discount to your electricity bill at least once or twice a year, or otherwise, depending on how your True Energy partner has chosen to give you Kabelrabat™ under the terms of its own agreement with you.
To the extent True Energy offers it, you may choose to convert your Kabelrabat™ to other types of products, donations, etc.
If your car does not participate in Big Battery, including but not limited to when terminating your electricity supply agreement with True Energy or one of our partners, deactivating the True Energy application, or putting your car offline in the True Energy application, access to Kabelrabat™ will be removed. However, already achieved Kabelrabat™ will still be valid until the final statement from your electricity provider, after which time you will lose any additional Kabelrabat™.
Indsigelser og klager skal indsendes skriftlig til True Energy på mail til firstname.lastname@example.org. True Energy vil da behandle din henvendelse hurtigst muligt og vende tilbage med vores vurdering af klagen.
10. Personal data
Behandling af personoplysninger er beskrevet i vores persondatapolitik. For information vedrørende True Energys persondatapolitik henviser vi til følgende link på vores hjemmeside: www.trueenergy.dk/Privacy.
11. Applicable Law and Venue
Any dispute that may arise in connection with this contract, including disputes regarding the existence or validity of the contract, must be sought resolved through mediation.
If the mediation ends without the dispute being resolved, disputes between you and True Energy must be settled in accordance with Danish law. Cases against True Energy in relation to these terms and conditions or the Delivery Agreement are brought before the district court in Helsingør, Denmark.
12. Changes to Terms and Conditions
True Energy retains the right to change these terms and conditions with a minimum notice period of one month's notice until the end of one month (30+ days). Changes will be announced on True Energy's website, through True Energy's application, via invoice notices and/or similar. Current terms and condition can always be found at www.trueenergy.dk
Changes to terms that are caused by changes/requirements of Energinet or other authorities can be implemented at shorter notice than one month.
These terms and conditions apply from March 23, 2020.
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