This is the document that governs your use of the ev.energy app, web applications, and other services provided by our company and your ev.energy account (the “Service”). If you're just browsing our website and haven't created an account, our Website Terms of Use apply instead. If you're a business or utility customer, your relationship with us is set out in your own signed agreement, not this document.

This URL is also the one referenced in the App Store and Google Play as the terms governing your use of the app. It stays the same URL, whichever version of these Terms is currently live.

1. Who we are, and who you're agreeing with

1.1 "ev.energy," "we," "us," or "our" means the ev.energy company that contracts with you, based on where you live:

  • If you're in the UK or the EU, you're contracting with EV Dot Energy Limited, a company registered in England and Wales, company number 11468310, registered office 66 Paul Street, London, EC2A 4NA.
  • If you're in the US or Canada, you're contracting with EV Energy Corp, a Delaware company and a wholly owned subsidiary of EV Dot Energy Limited.

1.2 Some things about your agreement (which law applies, where disputes get resolved, and a few rights you always keep) depend on where you live. These are set out in the Territory Schedule at the end of this document. Everything else in these Terms applies to you no matter where you are.

1.3 You must be 18 or older to create an account or use the app.

2. What ev.energy does

2.1 We help you manage how your electric vehicle, battery, charger, solar setup, and other connected energy devices use and share power, so that charging (and, if you take part in the right programs, discharging) happens at the best time for your wallet, your device, and the grid.

2.2 Depending on what you sign up for, this might include:

  • Smart charging: we work out the best time to charge your vehicle based on your preferences, tariff, and grid conditions.
  • Grid and flexibility services: we may ask your device to shift or pause its charging to help balance electricity supply and demand, sometimes in exchange for a reward.
  • Vehicle-to-everything (V2X) / bidirectional charging: if your vehicle, battery, and charger support it, and you've opted in, we can also send power back from your vehicle or battery to your home or the grid, not just draw power in.
  • Battery storage: we can manage a home battery in a similar way to how we manage vehicle charging.
  • Solar: we can factor your solar generation into your charging schedule, where you've connected a solar system to your account.
  • Other connected devices: as new device types come online, we may extend these same principles (sending or receiving signals, optimizing timing) to them too.

2.3 We provide a service, not electricity. When we deliver smart charging, grid and flexibility, or V2X services, we're providing a dispatch and optimisation service, working out when and how much your device should charge, discharge, or pause, and sending the instructions. We don't buy, sell, or take ownership of the electricity that flows to or from your device at any point. Any electricity you draw or export continues to be supplied under your own arrangement with your energy supplier or, where applicable, the relevant market operator or program partner; our role is limited to the technology and instructions that make that flow happen at the right time.

2.4 Whether you signed up directly with us, or you joined through a utility, retailer, or other partner's program (in which case you may also have signed a separate Participation Agreement for that specific program), this document is what governs your use of the ev.energy app itself.

3. Your account

3.1 You need an account to use the Service. Keep your login details safe. You're responsible for anything that happens through your account, so tell us straight away if you think someone else has access to it.

3.2 The information you give us when you sign up needs to be accurate. If it changes, please update it.

3.3 We may suspend or close your account if you break these Terms, or if we reasonably believe your account is being used fraudulently or unsafely.

4. How we work with your devices

4.1 To do any of the things described in section 2, we need to connect to your vehicle, charger, battery, or other device. Depending on the device, we do this directly with the manufacturer's own systems, or through an authorised third-party integration provider we've contracted with to access that connection on our behalf. Either way, we read information like its charge level and send it charging or discharging instructions.

4.2 If you've opted into a V2X or bidirectional program: sending power back to your home or the grid is different from normal charging, and carries its own considerations. Please note:

  • Your vehicle or battery's warranty terms are between you and its manufacturer. We're not responsible for any effect that participating in a V2X program has on that warranty, though we'll only send instructions your device tells us it can safely accept.
  • We take reasonable care in how we manage this, but we don't guarantee it will be fault-free, and we're not liable for hardware damage that wasn't caused by our negligence.

4.3 We're not the manufacturer of your vehicle, charger, battery, or any other connected device, and we're not responsible for defects in that hardware itself. Where we're orchestrating a device made or installed by someone else (for example, under a broader "smart home energy" or demand-response program), safe installation and operation of that device is the installer's or manufacturer's responsibility, not ours, unless we say otherwise.

4.4 When you register with ev.energy, we may register your meter and / or device with a market facilitation body, such as Elexon, the National Electricity System Operator and Distribution Network Operator in the UK, an independent system operator or utility in the USA. This enables us to act on your behalf and deliver the rewards and benefits from our service. Evidence of your registration and enrollment in a program will be used to support us to work with market operators to ensure you remain eligible for our service.

4.5 You can withdraw your consent to this device access at any time through your account settings, though this may mean some features (or your ability to keep taking part in a program you've joined) are no longer available to you.

5. Your data

5.1 How we collect, use, and protect your personal data is set out in our Privacy Policy, which forms part of your agreement with us. A quick summary of two things that matter here:

  • If you signed up with us directly, we're the controller of your personal data. If you joined via a utility or program partner, we may act as a processor for that partner as well as in our own right, exactly as explained in the Privacy Policy.
  • Some of our support and AI features process the content of your conversations with us to help and improve those features; we never let a third-party provider use that data to train their own models.
  • We may use aggregated data about your charging activity to claim or trade carbon credits linked to its environmental benefits, and may share data with carbon credit brokers for that purpose. This is separate from, and in addition to, any energy market participation described in section 2.2.

5.2 Please don't enter payment details, passwords, or other sensitive information into our in-app assistant or support chat.

5.3 Who owns your data. As between you, us, and any utility or partner running a program you've joined, you own the data generated by your use of the Service, including your charging activity, vehicle information, and account data (“Your Data”). By using the Service, you're giving us permission to use Your Data to provide and improve the Service, to carry out research, to identify and invite you to other ev.energy programs (including our Charge & Earn program), and for our other legitimate business purposes. This permission comes from you directly, so it doesn't depend on, and isn't affected by, any program or partnership we have with a utility or other partner, including if that program later ends (see Section 7.2.5), and it applies whether or not the utility or partner has its own rights to use data under its own program terms.

6. Fees and subscriptions

6.1 If your plan involves a subscription fee (for example, for smart charging, battery, or solar features), we'll tell you the price before you pay, and we'll give you reasonable notice before any price change takes effect for you.

6.2 If you also take part in a reward or incentive program, that's covered separately in Section 7 below, on top of any subscription fees covered here.

7. Incentives and rewards programs

This section only applies to you once you've enrolled in a specific program below or, for reward points under 7.5, or one-time bonuses, winback, and loyalty offers under 7.6, once you have been credited with any. The specific numbers for each program (rates, thresholds, duration and payout minimums) are published separately as that program's "live terms" inside the app or on our website, rather than written into this section, which is what lets us update a reward rate without needing to republish and re-issue the whole of these Terms. Updates and changes to your terms whilst on a program will be published on our website, alongside all historical versions. Everything else about how these programs work, and your rights and our commitments around them, is set out here.

You only need to read the part below that matches what you've signed up for, on top of 7.1, which applies to every program.

7.1 Rules that apply to every program

7.1.1 No guarantee. Taking part in a program doesn't guarantee you'll receive a reward. Rewards depend on things like your eligibility, your device's behaviour, and, for some programs, a partner's own payment to us or to you. Where a program's reward rate depends on shared or market-based revenue, that rate can go up or down from one period to the next based on factors outside your control or ours, and any historical or example rate we show you (including what a similar user earned previously) is illustrative only and isn't a promise of what you'll earn in future.

7.1.2 We can change or end a program. We can modify or withdraw any program, or change its reward rates or rules, with reasonable notice. A change will not retrospectively reduce a reward you have already earned or accrued before the change takes effect. If we end a program you're enrolled in, you'll keep any reward you've already earned up to that point until it expires, but not rewards you would have earned afterwards.

7.1.3 Tax is your responsibility. Any reward, incentive, or payment you receive may be taxable income where you live. Working out and reporting that is your responsibility, not ours.

7.1.4 Eligibility. To take part in any program, your account needs to be in good standing, meaning you haven't broken these Terms and we haven't restricted your account. Each program may also have its own eligibility requirements, for example around having the right device, being with a particular energy supplier, or your charging behaviour, which are set out in that program's live terms.

7.1.5 We can withhold a reward in cases of fraud or abuse. If we reasonably believe a reward has been claimed fraudulently, through abuse of the program's rules, or through fake or duplicate accounts, we can withhold, delay, or claw back that reward, and may close your account.

7.1.6 These programs follow advertising and promotions law. Where a program counts as a promotion or prize draw under the law of where you live, we'll run it in line with that law (for example, the UK's CAP Code and the Digital Markets, Competition and Consumers Act 2024). If any specific promotional rule in a live program's terms conflicts with this section, the live program's terms take priority for that promotion only.

7.1.7 How specific programs are published. Each program's live terms (its rates, thresholds, and any time limits) are published on the program’s webpage and may also be described in a Participation Agreement with that partner. If there's a conflict between this section and a specific program's live terms, the live program's terms take priority for anything specific to that program, and this section takes priority for anything the live program's terms don't cover.

7.1.8 Leaving us or our programs. If you actively leave ev.energy, close your account, unenrol from our Service, leave a program, fail to meet the programs eligibility criteria, or no longer access your account for a period of 12 months, you forfeit all rewards or benefits.

7.2 Utility & Energy Company, and 3rd party Programs

Applies if you've been enrolled in a demand-response, managed charging, or similar program through an approved utility, retailer, or other partner.

7.2.1 How this works. For these programs, we monitor your eligible activity, calculate what you've earned, and pay it out to you ourselves, acting on behalf of the utility or partner running the program. The live program terms will confirm this for the specific program you've joined.

7.2.2 What happens if the utility or energy company, or 3rd party program operator doesn't fund the program. Because we're the one paying you, our ability to pay depends on the utility or partner providing us the funds or authorization to do so. If they fail to do that, it may delay, reduce, or prevent the payment we can make to you. We're not liable for a delay or shortfall caused by the utility or partner's failure to fund or authorise the program, though we'll act on your behalf in raising it with them where we reasonably can.

7.2.3 Eligibility can depend on your relationship with the program operator. You may need to remain a customer of the relevant utility or 3rd party, or keep your account details with them up to date, to stay eligible for that specific program. This doesn't affect your account or relationship with us more generally - see Section 7.2.5.

7.2.4 Their program, their rules too. If your utility or 3rd party has its own terms for the program, you're bound by those as well as by this section, and by any Participation Agreement you signed with them.

7.2.5 What happens if the program ends. If a utility or partner program you're enrolled in ends, and the Service isn't provided to you under that partner's own branding, we'll let you know the program is ending but that notice doesn't end your account or your relationship with us. You'll keep your account, app access, and use of the Service unless you choose to close your account under Section 10.1. We may also invite you to join another ev.energy program we think would benefit you, such as our Charge & Earn program.

7.3 ev.energy Administered Reward Programs

Applies if ev.energy pays you directly for eligible charging activity, rather than through a utility partner.

7.3.1 How it works, at a high level. You earn a reward for eligible charging sessions that meet the criteria set out in the live program terms (for example, charging during specific hours). The exact rate, criteria, and any caps are set in the live program terms, not in these Terms.

7.3.2 How you're paid. Rewards, any payment method, timing, and any minimum amount you need to reach before we pay out are set in the live program terms.

7.3.3 We can withhold payment below the threshold. If your balance hasn't reached the published minimum or eligibility criteria, we'll carry it forward rather than pay it out, unless you close your account, in which case the live program terms will explain what happens to any unpaid balance.

7.3.4 Unclaimed Rewards. If you close your account, unenrol, or otherwise stop using the Service after completing an eligible session but before that session's reward rate has been calculated, you keep your right to the reward for that session. We'll pay it once the rate for that period is calculated, using whatever payment method we hold for you at that time, even though you're no longer an active user. This is the one exception to Section 7.1.8: you don't forfeit a reward for a session you'd already completed before you left, only rewards for sessions you hadn't completed yet.

7.4 Referral programs

Applies if you've referred someone else to ev.energy, or someone has referred you, and a reward is expected as a result.

7.4.1 Who qualifies. Depending on the program, a reward may be paid to the existing driver who made the referral (the referrer), to the new driver who was referred (the referee), or to both. To earn a referral reward, the referrer needs to be an existing driver in good standing, and the referee needs to be new to ev.energy and complete whatever step the live program terms set as the qualifying action (for example, creating an account and completing a set number of charges). Where a reward is payable to the referee, their entitlement to it is governed by this section in the same way as the referrer's.

7.4.2 You need permission before you refer someone. In most cases, if you're referring someone, they'll get a referral link or code from you and use it themselves to sign up. In that case, they're providing their own information directly to us, just like any other new user, and you don't need to give us anything on their behalf. If you refer someone by giving us their contact details, you confirm that you've already got their permission to share that information with us for this purpose. We'll only use it to contact them about the referral and administer the program.

7.4.3 No self-referrals. You can't refer yourself, an existing account holder, or an account you've created or control, and doing so may result in the reward being withheld and your account being reviewed.

7.4.4 We can claw back a reward. If we later find that a referral didn't genuinely meet the criteria in 7.4.1, wasn't made with the referee's permission as required by 7.4.2, or was made in a way that breaches 7.1.5, we can reclaim a reward already paid, from the referrer, the referee, or both, depending on who received it.

7.5 Reward points and vouchers

Applies if you've been credited with reward points outside of a specific program described in 7.2 to 7.4 above.

7.5.1 How points work. Points may appear in your account in the app for each smart charging session, and can be claimed against vouchers on the Rewards section of your app.

7.5.2 Points and vouchers expire after 12 months. Any reward points you haven't used within 12 months of them being earned will automatically expire.

7.5.3 The rest of the framework still applies. Reward points and vouchers are subject to 7.1 in the same way as any other program, including no guarantee of a reward (7.1.1), our right to modify or withdraw the scheme (7.1.2), your responsibility for any tax (7.1.3), and our right to withhold points gained through fraud or abuse (7.1.5).

7.6 One-time bonuses, winback, and loyalty offers

Applies to one-time bonuses, winback offers, or loyalty rewards we choose to offer to specific existing or former account holders, rather than through an ongoing program you enrol in.

7.6.1 How this works. From time to time, we may credit your account with a one-time bonus, discount, or reward, for example, to welcome you back if you've stopped using the Service, or to thank you for your loyalty, without you needing to sign up or enrol separately. The specific criteria, amount, and any conditions for a particular offer will be set out when we make it to you, for example in the app, by email, or via in-app messaging.

7.6.2 This is different from referrals. Unlike the referral program in Section 7.4, these offers don't involve you providing another person's information, and we'll only ever make them to people who've already given us their own information directly, in line with Section 5.3 (Who owns your data) and our Privacy Policy.

7.6.3 The rest of the framework still applies. One-time bonuses, winback offers, and loyalty rewards are subject to Section 7.1 in the same way as any other program, including no guarantee of a reward (7.1.1), our right to modify or withdraw an offer (7.1.2), your responsibility for any tax (7.1.3), and our right to withhold a reward gained through fraud or abuse (7.1.5).

8. How we'll contact you

8.1 We may contact you by phone, email, in-app message, or text message about things like demand response events, network outages, helping you set up or get the most out of the Service (including onboarding calls) or other service messages. These aren't marketing and you can't opt out of them while staying on a program that needs them.

8.2 If you've agreed to receive marketing messages, you can stop at any time, using the unsubscribe link, replying STOP to a text, or changing your notification settings.

8.3 Agreeing to receive marketing messages, or contact about a specific offer or program, is never a condition of using the Service or taking part in any program you're otherwise eligible for, you can always use the Service and any program available to you without it.

9. Using the Service responsibly

9.1 Please use the Service only for its intended purpose, and don't:

  • try to access parts of our systems you're not authorised to access;
  • interfere with or disrupt the Service, or introduce anything harmful like a virus;
  • use the Service in a way that breaks the law, including sanctions and export control laws; or
  • let anyone else use your account in a way that would breach these Terms.

9.2 If you're abusive or threatening towards our staff, we may restrict your access to support channels or, in serious cases, your account, in line with our Unacceptable Customer Behaviour policy.

10. Ending your use of the Service

10.1 You can close your account at any time through the app (Settings, then Account, then Close my account).

10.2 We can suspend or end your access if you seriously or repeatedly break these Terms, if we're required to by law, or if we stop offering the Service in your area, though we'll give you reasonable notice where we can.

11. If something goes wrong

11.1 We do our best to keep the Service running smoothly, but we can't promise it will always be available, error-free, or uninterrupted, and things like your vehicle manufacturer's own systems or your home Wi-Fi are outside our control.

11.2 To the extent the law allows, we're not responsible for indirect losses (like loss of profits or data) arising from your use of the Service. We're also not responsible for losses that result from something outside our reasonable control.

11.3 Nothing in these Terms excludes or limits our responsibility for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn't let us exclude. If you're a consumer, any rights you have under the law of where you live that we can't lawfully exclude always take priority over anything in these Terms that conflicts with them.

11.4 If your use of the Service breaks these Terms and that causes us a loss (for example, through misuse of the Service or a breach of the law), you agree to cover reasonable costs we incur as a result, except where that loss was our fault.

12. Changes to these Terms

We may update these Terms from time to time, for example to reflect a new feature, a change in the law, or a change to our business. We'll let you know about significant changes through the app or by email before they take effect. If you keep using the Service after a change takes effect, that means you accept it.

13. If you're in the US: arbitration and class action waiver

This section only applies if you're contracting with EV Energy Corp under the Territory Schedule below, that is, if you live in the US.

13.1 Instead of going to court, you and ev.energy agree to resolve most disputes through binding, individual arbitration rather than as part of a class, group, or representative action. Neither you nor we can bring a claim as a plaintiff or participant in any class, consolidated, or representative proceeding against the other.

13.2 Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. For claims under $10,000, you can choose to have the arbitration conducted based on documents alone, by phone, or in person.

13.3 You can bring an individual claim in small claims court instead of arbitration, if your claim qualifies for small claims court.

13.4 We'll cover the AAA filing fees for any claim under $10,000 that you initiate, unless the arbitrator decides your claim was frivolous.

13.5 You can opt out of this section entirely. To do so, send us written notice within 30 days of the date these Terms (including this section) first applied to you, to notices@ev.energy, stating your name, account email, and that you're opting out of arbitration. If you opt out, any dispute will instead be resolved as described in Section 14 below.

13.6 If any part of this section is found unenforceable, the rest of it stays in effect, except that if the class-action waiver in 13.1 is found unenforceable, this whole arbitration section becomes void and disputes will instead be handled as described in Section 14 below.

14. Which laws apply and where disputes are resolved

This depends on where you live. See the Territory Schedule immediately below. If you're in the US, Section 13 above applies to how disputes are resolved, unless you've opted out of it.

15. Contact us

If you have any questions about these Terms, contact us at admin@ev.energy.

Territory Schedule

This table sits at the end of the Driver Terms so the core document above never needs to change when we expand to a new territory, only this table does.

UKEUUSCanada
Who you're contracting withEV Dot Energy LimitedEV Dot Energy LimitedEV Energy CorpEV Energy Corp (contracts directly; no separate Canadian registration)
Law that governs this agreementEngland and WalesEngland and WalesDelawareThe law of the province in which you reside
Where disputes are resolvedCourts of England and WalesCourts of England and Wales, or your local consumer dispute resolution body where the law gives you that rightIndividual arbitration with a class-action waiver; see Section 13. You can opt out within 30 days.Courts of the province in which you reside. The US arbitration clause in Section 13 does not extend to Canada.
Rights you keep regardless of anything else in these TermsConsumer Rights Act 2015: we can't exclude liability for death or personal injury caused by our negligence, and some other terms may not bind you if a court finds them unfairEquivalent protections under EU unfair contract terms lawRights under applicable state consumer protection law; a small number of states restrict mandatory arbitration for certain claim types regardless of this clauseFull rights under your province's consumer protection law, since that law governs directly rather than being layered on top of a foreign choice of law
Typical grid/market bodies referenced in the ServiceElexon, NESO, OfgemLocal equivalent per member stateRelevant ISO/RTO for your stateRelevant provincial system operator