Optimise by Project Solar - Terms & conditions

Definitions

• ‘Account’ means the customer’s registered profile created at the end of the App set-up process, representing the customer’s access point for all Capture services, device integrations and service communications.
• ‘Account holder’ means the user of the Services.
• ‘App’ means Optimise by Project Solar.
• ‘Capacity Market bodies’ means EMR Settlement Ltd, the Capacity Market Delivery Body and the Capacity Market Settlement Body, and their agents.
• ‘Capture’, ‘us’, ‘we’ or ‘our’ means Capture Energy Ltd (Company Number: 15636428), registered at Floor 2, 5A Sandy’s Row, London, E1 7HW, United Kingdom.
• ‘Data protection laws’ means all relevant data protection laws, regulations and rules which may apply to the Parties, including but not limited to the UK Data Protection Act 2018, the General Data Protection Regulation 2016/679, and the Privacy and Electronic Communications (EC Directive) Regulations 2003. “Personal Data” and “Personal Sensitive Data” shall mean as defined within the Data Protection Laws.
• ‘DCC’ means the “Data Communications Company”, which is the central database mandated by Ofgem to manage smart meter data.
• ‘DNO’ means “Distribution Network Operators” responsible for the operation of electricity distribution networks.
• ‘Energy Supplier’ means the licensed electricity supplier responsible for providing electricity to your property and billing you under your Electricity Tariff.
• ‘Electricity tariff’ means your electricity supply contract and unit rates with your chosen Energy Supplier.
• ‘Flexible assets’ or ‘flex assets’ means the devices connected to your Account, which may include but is not limited to, inverters, batteries, heat pumps, electric vehicles, and electric vehicle chargers.
• ‘Flexibility markets’ means programmes provided by operators of the UK’s electricity system to reduce strain on the grid, including but not limited to DNO local flexibility markets, capacity market, and wholesale electricity markets.
• ‘Flexibility Services’ means control and optimisation of Flexible Assets to adjust electricity import or export, for participation in Flexibility Markets.
• ‘MPAN’ means the “Metering Point Administration Number”, which is a unique 21-digit supply number to uniquely identify any supply point and location in the UK.
• ‘NESO’ means the “National Energy System Operator” in the UK, which is responsible for operating the electricity system and markets.
• ‘Partners’ means any of Capture’s partners and data processors.
• ‘Partner’ means the installation or commercial partner (if any) through which the App is made available to you.
• ‘Services’ means our website, consultancy services, software and applications (including the App).
• ‘Smart Meter’ means an electricity meter following the SMETS1 or SMETS2 standard.
• ‘You / your’ means the user of Capture’s Services.

Use of the App

You confirm you are authorised to enrol your flex asset and MPAN

By activating the App, you confirm that you are the lawful owner or primary authorised user of the flex asset and MPAN being connected.

You authorise us to retrieve data from your flex assets

By activating the App, you give us the permission to fetch and store data from your flex assets. This includes current as well as past data on, for example, electricity consumption, solar generation, as well as the battery’s charging and discharging.

You authorise us to control your flex assets

By activating the App, you authorise us to remotely control the charging and discharging of your Flex Assets, within the preferences you set, including when they import from or export to the grid to optimise your costs and participate in Flexibility Services.

You authorise us to sign up your asset to flexibility markets

By activating the App, you authorise us to register your MPAN and Flex Assets in flexibility and wholesale market arrangements, including acting as a Virtual Lead Party or Virtual Trader Party.

You authorise us to share your meter data

You authorise us to submit and receive metering and settlement data and to share your MPAN and half-hourly Smart Meter data with authorised parties such as your DNO, Elexon, the DCC, NESO, your Energy Supplier and the Capacity Market bodies where required to deliver our services. You confirm that you are the electricity account holder or have the authority of the account holder to give this consent.

You consent to Capacity Market dataflows

Where your site or system participates in the Capacity Market or another Flexibility Market, you consent to and authorise: (a) the establishment, amendment and maintenance of the dataflows required to evidence, test and settle that participation, including dataflows between us, your Energy Supplier and the Capacity Market bodies; and (b) alternatively, the preparation and submission of metering statements and associated metering data by us or our agents for the same purposes. You agree to cooperate reasonably with these steps, and if you change Energy Supplier you authorise us to take the steps needed to re-establish the required dataflows with your new supplier.

You may sign up with only one flex provider

Flex assets can generally participate in flexibility markets through only one provider at a time. If you join our Services while enrolled with another provider, you become ineligible to continue with that provider. We are not responsible for notifying you of removal from another service or for any financial or operational consequences. You are responsible for ensuring that no third party controls your assets without your knowledge. Registering with another provider after joining us may result in disqualification from our Services as well as the other provider’s services.

You commit to keeping your account up to date

You must keep the information on your account up to date. This includes, but is not limited to, your contact information, the system specifications, the electricity tariff as well as property address.

You commit to keeping your asset connected

You must keep your Flex Assets connected, correctly configured and in good working order. You must not tamper with or override the App’s control in a way that prevents us from delivering contracted Flexibility Services. Breaches may result in suspension or termination of your access to the App and the removal of your Flex Assets from Flexibility Services.

We do not guarantee any savings

The App aims to help optimise how your Flex Assets charge and discharge and may help you reduce electricity costs or increase export revenues. However, savings and revenues are not guaranteed and you may pay more than you otherwise would.

This is because outcomes depend on factors outside our control, for example: your electricity tariff and supplier terms, wholesale prices, network constraints, weather, the availability and rules of flexibility markets, the condition/capability/settings of your Flex Assets, and the availability and accuracy of external data and third-party integrations. Forecasts and performance estimates generated by our software are based on predictive models and external data. These are estimates only, and Capture Energy Ltd does not guarantee any level of financial savings, export revenues, or forecast accuracy.

You remain responsible for your electricity supply arrangements and for paying your bills and charges. To the extent permitted by law, we are not liable for any increase in your bills, loss of savings, loss of revenue, or other costs you incur as a result of using the Services where that outcome arises from factors outside our reasonable control or from your tariff, supplier, hardware or settings. If we are liable to you, we will only be liable for losses that are a direct and reasonably foreseeable result of our breach of these Terms.

You remain responsible for your hardware

Capture does not install, own, maintain or insure your Flex Assets. You are responsible for ensuring your Flex Assets are safe, compatible with automated control, correctly installed, configured and maintained, and that your preferences and settings match your requirements.

You acknowledge that automated control may affect device performance and degradation, depending on optimisation settings. It is your responsibility to ensure this aligns with your manufacturer’s warranty and your preferences. Capture Energy Ltd is not responsible for any impact on warranty or lifespan.

Capture Energy is not responsible for the performance, maintenance or reliability of your hardware, including batteries, inverters, solar panels, EV chargers and related equipment. While we may assist with diagnostics and help identify potential issues, you - or your installer or manufacturer - are responsible for resolving them.

To the extent permitted by law, we are not liable for any loss or damage arising from faults or limitations in your Flex Assets or other equipment (including firmware/software), their installation, maintenance, configuration or connectivity; from you or a third party overriding, disabling, tampering with or misconfiguring your device or settings; from acts or omissions of third parties (including installers, manufacturers, suppliers, DNOs, the DCC, Elexon or NESO); or from failures, delays or interruptions caused by events outside our reasonable control.

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded, including for death or personal injury caused by our negligence, or fraud.

We may terminate your account for violation of Terms

We may terminate your account at any time for violation of these Terms or any activity that harms the operation or reputation of the Service.

You may delete your account at any time

You may delete your account at any time in the app or by contacting customer support. Your request takes effect after a 7-day grace period, during which you can cancel it in the app. After the grace period we permanently delete your account and stop monitoring and controlling your system, which returns to its standard behaviour. Where your system participates in Flexibility Markets, we may need up to a further 14 days to unwind trading positions before control ends. Some data must be kept for legal and regulatory reasons - what we keep, and for how long, is described in our Privacy Policy.

We may change the brand, app or pricing at any time

The App may be rebranded, replaced or migrated. If this happens, we may move your account, settings, device integrations and service history to the new app or site so the Services can continue with minimal disruption. We will notify you in advance where reasonably practicable. If you do not wish to continue after a migration, you may cancel your subscription and stop using the Services.

The App is currently provided free of charge; we may introduce charges for some or all features in the future, and will give you reasonable advance notice before we do.

Use of our consultation services

Capture may provide information and analysis to help you reduce your energy bills - for example on your electricity tariff and whether a different tariff may suit your usage, or on how changes to your system might affect its performance.

This is information and analysis only. It is not personalised financial, legal or technical advice, and it does not constitute a recommendation to purchase any product or service. Any hardware, installation or system changes are supplied and carried out by Project Solar UK Limited or another installer of your choice, not by Capture, and are subject to their own terms.

The information provided is based on forward-looking projections and estimates. While we strive to provide accurate and timely information, these projections are inherently subject to change and involve risks and uncertainties. Capture Energy does not guarantee the accuracy, completeness, or reliability of these estimates and is not liable for any actions taken based on this information. Actual results may differ from those projected.

Limitation of liability

We are only legally responsible to you as set out in these terms. We have no other duty or legal responsibility to you, and all responsibilities, guarantees and any other conditions implied by law or otherwise will not apply, as far as this is allowed by law.

To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won’t be liable for (e.g.) any:

• indirect loss or indirect damage
• force majeure or event beyond our control.

We are not legally responsible to you in any way for any indirect loss of income, business or profits, or for any other loss or damage that could not reasonably have been expected at the time we entered into this contract, other than that caused by us acting fraudulently. Also, we will not be legally responsible to you for any loss you suffer as a result of your responsibilities to any other person (however this is caused).

Where we are liable to you, our total liability for all claims arising in any 12-month period is limited to £100.

Nothing in these terms will exclude our legal responsibility for death or personal injury caused by our negligence or legal responsibility resulting from us failing to carry out our legal duty under Part 1 of the Consumer Protection Act 1987 or for fraud. Nothing in these terms affects your statutory rights as a consumer.

Force majeure

We will not be in breach of these Terms, nor liable for any failure or delay in performing our obligations, where that failure or delay is caused by events outside our reasonable control. This may include (without limitation) acts of God, extreme weather, flood, fire, epidemic or pandemic, war, terrorism, civil unrest, strikes or industrial action, power outages, failures of telecommunications or internet services, smart meter or data platform outages, changes to laws or regulatory requirements, or acts or omissions of electricity system operators, network companies or other third parties on whom the Services depend.

If a force majeure event occurs, we will use reasonable efforts to minimise disruption and resume performance as soon as reasonably practicable. Where a force majeure event continues for a prolonged period and materially affects the Services, we may suspend or terminate the affected Services without liability, and any prepaid fees for periods during which the Services cannot be provided will be handled in accordance with these Terms and applicable law.

Your responsibility to us

If you do not comply with these terms, and we incur any costs, losses, claims, expenses and other liabilities which result from your non-compliance, you agree to reimburse us for such costs, losses, claims, expenses and other liabilities. This is in addition to any other specific remedies we have in these terms or under the law generally (such as our right to prevent you accessing the site or to terminate your access to our products and services).

How we may use your personal information

We will only use your personal information as set out in the Optimise by Project Solar Privacy Policy. By accepting these Terms you consent to our access to your smart-meter data and to our control of your energy system as described there. You can withdraw your consent to us controlling your system at any time by turning optimisation off in the app settings, and your system returns to its standard behaviour. You can withdraw your consent to us accessing your data by deleting your account in the app or by contacting support.

Which country’s laws apply to any disputes

If you are a consumer, please note that these terms of use, 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 except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact information

If you have any queries on any aspect of our Terms and Conditions, please contact us by email at support@capture.energy or by post at the address below.

Capture Energy Ltd, Floor 2, 5A Sandy’s Row, London, E1 7HW, United Kingdom