Terms and Conditions

Last updated: May 2026

These Terms and Conditions govern your purchase and use of Hypervolt Limited ("Company", "we", "us", or "our") goods, services, website (https://hypervolt.co.uk), and our mobile application ("app"). By using our goods or services, you agree to these Conditions.

1. Definitions

1.1 In these Conditions:

"Approved Installer" means a Person authorised by the Company to install, service, or maintain the Goods under the Company's applicable standards, guidelines, and policies, including any individual or entity trained or certified by the Company to perform such activities.

"Approved Installation Logistics Partner" means a platform engaged by the Company to provide workflows and APIs for managing the installation process, from sending an installation survey to booking an installer. The Company currently uses Installer.com and JumpTech as its Approved Installation Logistics Partners.

"Approved Integration Partner" means a third-party service or platform that has entered into a signed Commercial Integration Agreement with the Company and appears on the Company's current list of approved integrations such as Octopus Energy, Kraken, Ovo Energy, Kaluza, EDF and Axle Energy.

"Business Customer" means a Customer who purchases the Goods in the course of a trade, business, craft, or profession, including Distributors and Approved Installers purchasing the Goods for resale, onward distribution, or fitment. A Customer who is not a Business Customer is a Consumer Customer.

"Company" means Hypervolt Limited, registered in England with number 11501984, at Level 10 West, One Canada Square, London, England, E14 5AB, or a Group company thereof.

"Conditions" means these terms and conditions of sale and any special terms agreed in Writing between the Customer and the Company, including those in the Contract.

"Confidential Information" means proprietary or sensitive information obtained in connection with these Conditions, the Goods and the Services, identified as confidential, would be deemed confidential by a reasonable person, or given in circumstances implying confidentiality.

"Contract" means the contract between us and you for the provision of Goods and Services from us (and not a Distributor), as detailed in the Contract Details.

"Contract Details" means the Company's confirmed sales order, invoice, and/or other document setting out details of Goods, Services, prices, and commercial terms.

"Customer" or "You" means the Person (including an End User, Approved Installer or Distributor) for whom the Company provides Goods and/or Services in accordance with these Conditions.

"Data Protection Legislation" means law in the United Kingdom as it relates to the use and handling of personal data, including the Data Protection Act 2018, the UK General Data Protection Regulation, and any successor legislation.

"Distributor" means a Person authorised by the Company to purchase the Goods for resale or onward distribution to the Customer.

"End User" means the Person who ultimately uses the Goods and receives the Services for their intended purpose and who has not been authorised to resell, distribute, install, or otherwise commercially exploit the Goods.

"Goods" means the goods (including any instalment or parts thereof) supplied under these Conditions, as described in the Contract Details, including electric vehicle chargers and related hardware.

"Group" means any subsidiary or holding company of a party, or a subsidiary of such holding company, per Section 1159 of the Companies Act 2006.

"Person" means an individual, body corporate, limited partnership, or other partnership.

"Premises" means the premises where Goods are installed or supplied.

"Services" means the services provided by the Company to the Customer, as described in the Contract Details, including where applicable access to its app, website, customer support, Smart Charging (Ultra Mode), Grid Support (Ultra Mode), and other services provided by the Company.

"Smart Charging (Ultra Mode)" means functionality that optimizes charger schedules based on energy prices, carbon intensity, or grid demand, including features for cost savings or rewards also known as Ultra Mode.

"Grid Support (Ultra Mode)" means programs that adjust charger schedules to support grid stability, such as during peak demand also known as Ultra Mode.

"Writing" includes facsimile transmission, emails, and app notifications.

1.2 In these Conditions any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. Parties

2.1 The parties to these Conditions are the Company and the Customer. Transactions are between principal and principal and subject to these Conditions.

2.2 Where the Goods are purchased through a Distributor, all matters relating to the placing of orders, payment terms, warranties, delivery, and returns shall be governed by the applicable agreement between the Customer and the Distributor. For the avoidance of doubt, the Company shall not be responsible for the acts, omissions, or obligations of the Distributor in relation to such matters. The Distributor acts as an independent third party.

2.3 All other terms of these Conditions, including those relating to liability, installation and use of the Goods and Services, shall apply as between the Company and the Customer.

3. Variations

The Contract Details cannot be varied, altered, or cancelled unless agreed in Writing by authorised representatives and signed by both parties. The Company may amend these Conditions by written notice to the Customer by email or otherwise or by publishing updated Conditions on its website or app, effective 28 days after publication or notice (as applicable).

4. Waivers

Any concession, latitude, or waiver by the Company applies only to the specific extent covered and does not prevent the Company from exercising its full rights under the Contract and these Conditions.

5. Acceptance of Orders

5.1 Quotations and price/product lists are subject to withdrawal or alteration without notice and do not constitute an offer.

5.2 No order is accepted, and the Contract does not form, until the Company issues a written confirmation including by way of email, phone call and/or chat messaging platforms (including WhatsApp).

5.3 Subject to clause 5.8 (consumer cancellation right) and clause 18, no accepted order may be cancelled without the Company's written agreement. Where a Business Customer cancels an accepted order without such agreement, the consequences are as set out in clause 18.6.

5.4 The Company may accept or refuse orders and may cancel uncompleted orders or suspend delivery if the Customer fails to meet commitments under these Conditions and/or the Contract, including payment obligations.

5.5 The Customer is responsible for ensuring the information it provides in connection with an order is accurate (including specifications) and shall provide necessary information in a timely fashion.

5.6 The quantity, quality, description, and specification of Goods and Services are as set out in the Contract Details or, if absent, the Company's quotation, with Contract Details prevailing in case of inconsistency.

5.7 The Company may change Goods' specifications to comply with safety or statutory requirements or, if supplied to the Company's specification, without materially affecting quality or performance.

5.8 Where you are a consumer and have concluded a Contract at a distance or off-premises, you may cancel your order within 14 days of receiving the Goods, per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, by emailing support@hypervolt.co.uk. Where you cancel a Contract in accordance with this clause, we will refund the purchase price within 14 days of receiving the returned Goods in original condition.

6. Representations

6.1 Company employees or agents are not authorised to make legally binding representations unless confirmed in Writing and signed by a Company director.

6.2 The Customer acknowledges it does not rely on unconfirmed representations and waives claims for breach of such representations.

6.3 The Company may correct typographical, clerical, or other errors in sales literature, quotations, price lists, invoices, or other documents without liability.

6.4 Advice or recommendations on installation, storage, application, or use of Goods, if not confirmed in Writing, are at the Customer's risk, and the Company is not liable.

7. Specification

7.1 The Company may vary Goods' specifications to improve them without reference or liability to the Customer.

7.2 The Customer must ensure it fully understands the Goods' specification.

7.3 The specification is as per the Company's confirmation of order and Contract Details, subject to subsequent written amendments agreed with the Customer.

7.4 If the Customer (for example, an Approved Installer, Distributor, or end customer) intends to return the Goods, the Customer must:

• Store the Goods in a secure, safe location, ensuring they are protected from environmental damage and adhering to environmental specifications.
• Return the Goods within the specified timeframe, including as indicated by the 're-charge by' date on packaging, at the Customer's cost.
• Handle, store and transport Goods, in accordance with our reasonable instructions and the package instructions, in its original packaging.

Failure to comply with these requirements may impact the Customer's entitlement to return the Goods or claim a refund.

8. Carriage and Packaging

8.1 Unless otherwise stated in Writing or on the Company's website, prices exclude postage, packing, and delivery.

8.2 The Company may pack Goods as it deems fit, taking reasonable care.

9. Price

9.1 Prices exclude VAT and other taxes.

9.2 The price is as quoted, valid for 30 days unless otherwise stated.

9.3 The Company may increase prices before delivery to reflect cost increases beyond its control (e.g., currency fluctuations, material costs), changes in delivery dates, quantities, specifications requested by the Customer, or delays due to Customer instructions or inadequate information.

10. Payment

10.1 Unless otherwise agreed in Writing: (a) where the Customer is a Consumer Customer, payment for the Goods is due in full before shipping; and (b) where the Customer is a Business Customer, payment for the Goods is due 50% on order placement and 50% upon the Company's notice that the Goods are ready for delivery. Where a Business Customer has been granted an account, payment terms are as set out in the Customer's account agreement with the Company.

10.2 Payment is deemed made only when cleared funds are received by the Company.

10.3 If the Customer fails to take delivery or provides inadequate delivery instructions, the Company may invoice upon notifying readiness for collection or tendering delivery.

10.4 If the Customer fails to pay the associated fees under an order by the due date for payment, the Company may, in addition to its rights under clause 18:

• Suspend the Contract and cancel further deliveries;
• Appropriate payments to any Goods or contracts as it sees fit;
• Where the Customer is a Business Customer, claim reasonable costs, lost profit, and overheads attributable to the non-payment, less payments received; and/or
• Sue for the invoice value, less payments received.

10.5 Late payments incur interest at 5% per annum above the Bank of England base rate from time to time, calculated daily, until paid in full.

10.6 The Customer may not withhold payment due to complaints unless the Company receives a written complaint and issues a credit note.

11. Collection

11.1 If debt collection is pursued, the Customer shall pay the Company's costs, including legal fees, on an indemnity basis.

11.2 The Company may charge for costs incurred in collecting outstanding sums, including legal fees and bank charges for returned cheques.

12. Delivery

12.1 Delivery of the Goods occurs at the Customer's Premises or another location agreed in Writing at order time, or at the Company's premises if collected. Delivery dates are approximate, and the Company is not liable for delays. Time for delivery is not of the essence.

12.2 Goods may be delivered in instalments, each constituting a separate contract. Failure to deliver one instalment does not entitle the Customer to repudiate the entire Contract.

12.3 The Company may withhold delivery if the Customer exceeds or would exceed its credit limit.

12.4 A signed delivery, collection, or acceptance note by the Customer or its agent is absolute evidence of delivery or collection.

12.5 If the Customer postpones or delays delivery/installation, the Company may charge for additional expenses incurred.

12.6 Risk of loss or damage to the Goods transfers to the Customer on delivery. Installation of the Goods must be carried out in accordance with clause 13. The Customer must provide safe access, a compliant electrical system, and all necessary consents to enable the Company to supply the Goods and the Services and for the Goods to be installed. Non-compliance may render any applicable warranties provided by the Company null and void. You are solely responsible for any loss, damage, or additional costs incurred as a result of your non-compliance with this clause.

13. Installation

13.1 How installation is provided. Installation of the Goods is performed by an Approved Installer at the Premises. Approved Installers are independent professionals who have been trained, certified, and accepted into the Company's installer network against the Company's installation standards. Depending on the route the Customer takes to purchase, installation may be arranged by the Company on behalf of the Customer or contracted for directly between the Customer and the Approved Installer; the principles set out in this clause 13 apply in both cases. Where installation is arranged by the Company on behalf of the Customer, the Company uses Approved Installation Logistics Partners (currently Installer.com and JumpTech) to provide the workflows and APIs that manage the installation process, including the sending of installation surveys and the scheduling of surveys and installs.

13.2 Approved Installer responsibility. The Approved Installer is responsible for carrying out the installation with reasonable skill and care, in accordance with applicable electrical regulations, the manufacturer's installation guidelines, and the Company's installation standards. Each Approved Installer is required by the Company to hold public liability insurance covering its installation work. Many Approved Installers also provide their own installation workmanship warranty; the duration and terms of any such warranty are set by the Approved Installer and provided to the Customer at or before installation.

13.3 The Company's responsibility. The Company is responsible for using reasonable care in selecting and approving the Installers in its network, maintaining the standards Installers are required to meet, and supporting Customers in resolving issues. The Company is not responsible for carrying out the installation itself and does not provide an installation workmanship warranty of its own.

13.4 Customer obligations. The Customer must: (a) ensure the Premises are suitable for installation, including the structural condition of the proposed mounting surface and the condition of the electrical system; (b) obtain all necessary consents, permissions, and approvals from any landlord, freeholder, or management company; (c) complete the Company's or the Approved Installer's pre-installation questionnaire accurately and in full; (d) clear and prepare the installation area before the Approved Installer attends; (e) provide safe access to the Premises at the agreed installation time; (f) ensure a person aged 18 or over is present at the Premises for the duration of the installation; (g) allow reasonable use of Premises services, including electricity, necessary to complete the installation.

13.5 Pre-existing site conditions. Neither the Company nor the Approved Installer has responsibility for the condition of the installation site as it exists prior to installation. Pre-existing defects (including defects in walls, plastering, tiling, decoration, electrical wiring, or the consumer unit) are outside the scope of installation.

13.6 Additional works. Where installation requires work beyond the scope of a standard installation, a quotation will be provided. Approval and payment for additional works is required before the works are carried out.

13.7 Aborted visits. If the Approved Installer is denied entry, waits at the Premises for fifteen minutes or more without access, or identifies safety concerns preventing safe installation, the visit may be aborted. Reasonable costs of an aborted visit caused by the Customer may be recovered.

13.8 Where to raise issues with installation. Because the Approved Installer carries out the installation, claims relating to the way installation has been performed — including workmanship and any damage to the Premises during installation — should in the first instance be raised with the Approved Installer, who is best placed to inspect, rectify, and respond. Where an Approved Installer offers an installation workmanship warranty, the Customer should refer to it for the terms of that cover.

The Company will, on reasonable request, help the Customer contact the relevant Approved Installer, and may, at its discretion, assist in resolving any unresolved issues as a goodwill measure. The Customer's first recourse for installation-related claims remains with the Approved Installer or under the Approved Installer's workmanship warranty (where applicable) and public liability insurance.

13.9 Installation by other parties. Where the Customer chooses to use an installer that is not an Approved Installer, the Company is not in a position to take responsibility for the installation, and the product warranty at clause 16 may be void or restricted as set out in that clause.

13.10 Non-excludable liability. Nothing in this clause excludes or limits the Company's liability for death or personal injury caused by its own negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

13.11 Risk and delivery. The Goods are deemed delivered in accordance with clause 12 regardless of whether installation has been completed.

13.12 Installation payments. Where installation-related payments are processed via an Approved Installation Logistics Partner, those payments may be facilitated by the partner's own payment infrastructure which will be governed by their applicable terms.

14. Delegation

The Company may employ sub-agents, sub-contractors, or third parties to perform its obligations under these Conditions, and save in respect of Approved Installers (whose status is governed by clause 13), the acts or omissions of such persons are deemed to be those of the Company.

15. Storage Charges

15.1 If the Customer fails to take delivery of Goods or provide adequate delivery instructions (except due to Company fault), the Company may:

• Store the Goods and charge the Customer reasonable storage costs, including insurance.
• Sell the Goods at the best obtainable price, accounting for excess or charging the Customer for shortfall after deducting storage and selling expenses.

16. Claims and Damages

16.1 Subject to clause 16.3, the Company endeavours to deliver Goods per agreed specifications, warranting reasonable quality and finish of the Goods per trade standards for 3 years, unless otherwise agreed in Writing. Goods carry the manufacturer's warranty unless specified.

16.2 Subject to clause 16.3, the Company will rectify defects due to faulty materials under proper use, notified in Writing immediately, within one year post-installation.

16.3 The Company is not liable for defects in Goods arising from:

• Customer-supplied drawings, designs, or specifications.
• Materials, designs, or processes by non-Company parties or as requested by the Customer, limited to manufacturer warranties.
• Fair wear and tear, wilful damage, negligence, improper use, maltreatment, or unapproved alterations/repairs.
• Continued use after defect discovery.
• Installation of the Goods not performed by the Company or its Approved Installers, or carried out in a manner that does not comply with the Company's or the manufacturer's written installation guidelines.

16.4 For defective Goods, the Company's liability is limited to replacing the Goods, rectifying defects, or issuing a refund/credit note, at its discretion, with no further liability to the Customer.

16.4A Where the Customer is a Consumer Customer, nothing in this clause 16 affects the Customer's statutory rights under the Consumer Rights Act 2015, including the right to reject faulty Goods within 30 days of delivery. The notification time limits in clauses 16.5 and 16.7 apply to Business Customers only.

16.5 Defect claims require written notification within 7 days of receipt of the Goods or, if not apparent, within a reasonable time after discovery, with defective Goods returned at the Customer's expense in original packaging if requested. If the Customer fails to give notice in accordance with this clause 16.5, it shall be deemed to have accepted the Goods.

16.6 The Company is not liable for indirect losses or third-party claims from delivery delays or transit issues, whether due to negligence or otherwise.

16.7 Claims for damage, delay, partial loss, non-delivery, or quantity issues must be notified in Writing within 3 days of delivery (or 7 days from despatch for non-delivery), with claims made within 7 days of delivery (or 14 days from despatch for non-delivery). Other claims require notification within 3 days of delivery. The Customer's non-compliance with this clause 16.7 voids liability for the Company unless the Customer proves it was impossible for it to meet the timescales and notifies/claims as soon as possible.

16.8 The Company is not liable for defects from unsuitable storage conditions by the Customer.

16.9 The Company is not liable for non-fraudulent representations, implied warranties, or common law/statutory duties, nor for:

• Loss of profits, savings, revenue, data, contracts, goodwill, or downtime costs.
• Special, indirect, or consequential losses, even if advised of the possibility.
• Claims brought by the Customer exceeding the greater of: (i) £1,000 and (ii) fees paid by the Customer in the prior 12 months.

16.10 The Customer indemnifies the Company against losses, damages, costs, or expenses from infringement claims or libel/illegality due to Customer-supplied specifications or data.

16.11 The Company's liability in respect of installation and the conduct of Approved Installers is dealt with at clause 13. Approved Installers act independently and are not agents, employees, or representatives of the Company.

16.12 The Company is not liable for advice or views given, requested or not.

16.13 Reference to 'liability' in these Conditions refers to all liability arising out of or in connection with these Conditions and the Contracts, whether in contract, tort (including negligence), for a breach of statutory duty or otherwise. Nothing in these Conditions excludes the Company's liability for death, personal injury from negligence, fraud, or other non-excludable legal liabilities.

17. Retention of Title

17.1 Risk. Risk in the Goods passes to the Customer on delivery in accordance with clause 12.

17.2 Title. Title in the Goods remains with the Company until the Company has received payment in full, in cleared funds, for the Goods and for all other amounts due from the Customer in respect of the Contract.

17.3 Insurance pending payment. Where payment has not been received in full by the time of delivery, the Customer must insure the Goods at their full replacement value against loss and damage. Insurance proceeds received in respect of loss or damage to Goods to which the Company retains title are held on trust for the Company up to the amount the Customer owes for those Goods.

17.4 Storage and identification by Business Customers. Where the Customer is a Business Customer, the Customer holds Goods to which the Company retains title as bailee for the Company. The Goods must be stored separately from the Customer's other stock, in a manner that allows them to be identified as the Company's property, and must not be modified, marked, or repackaged in a way that obscures the Company's title.

17.5 Resale by Business Customers before title passes. Where the Customer is a Business Customer, the Customer may resell Goods to which the Company retains title in the ordinary course of business, on the condition that any such resale is made as principal at the best price reasonably obtainable, and that the proceeds of resale, to the extent of the amount the Customer owes the Company for those Goods, are held on trust for the Company in a separate account and are not applied for any other purpose until the Company has been paid in full.

17.6 Recovery of Goods from Business Customers. Where the Customer is a Business Customer and fails to pay any sum due to the Company by its due date, the Company may, on reasonable notice, enter the Customer's premises to recover Goods to which it retains title. The Customer will indemnify the Company against losses and third-party claims arising from such recovery, save where caused by the Company's negligence.

17.7 Goods attached to other property. Where Goods to which the Company retains title are attached to or incorporated into other property, the Company's title is preserved to the extent that the Goods remain capable of being removed without significant damage to the other property.

17.8 Alternative remedies. Nothing in this clause limits the Company's right to claim payment for Goods supplied, or to pursue any other remedy available to it for non-payment or breach.

18. Termination

18.1 Consumer cancellation right. Where the Customer is a Consumer Customer and has concluded the Contract at a distance or off-premises, the Customer's right to cancel under clause 5.8 applies. Nothing in this clause 18 affects that right or any other right the Customer has under applicable consumer protection law.

18.2 Termination by the Company for material breach. The Company may terminate the Contract by written notice to the Customer if the Customer commits a material breach of these Conditions or the Contract and either the breach is not capable of remedy or, where capable of remedy, the Customer fails to remedy it within fourteen days of written notice from the Company.

18.3 Termination by the Company for non-payment. Where the Customer fails to pay any sum due by its due date, the Company may, in addition to its rights under clause 10:

(a) suspend further performance under the Contract until payment is received; and

(b) where payment remains overdue after fourteen days of written notice from the Company, terminate the Contract.

18.4 Termination by the Company for insolvency. The Company may terminate the Contract immediately by written notice if the Customer:

(a) is unable to pay its debts as they fall due;

(b) suspends or threatens to suspend payment of its debts;

(c) enters into negotiations with its creditors with a view to rescheduling its debts;

(d) where the Customer is a Business Customer, takes any step in connection with administration, provisional liquidation, winding-up, or any composition or arrangement with its creditors; or

(e) where the Customer is a Consumer Customer, becomes the subject of a bankruptcy petition or order.

18.5 Credit limits for Business Customers. Where the Customer is a Business Customer, the Company may cancel uncompleted orders or suspend delivery if the Customer exceeds or would exceed any credit limit notified to the Customer by the Company.

18.6 Unauthorised cancellation by Business Customers. Where the Customer is a Business Customer and purports to cancel an accepted order without the Company's written agreement, the Company may treat the cancellation as a repudiation of the Contract and recover from the Customer the Company's reasonable costs, lost profit, and overheads attributable to the cancelled order, less any payments received from the Customer in respect of that order.

18.7 Termination by the Customer. The Customer may terminate the Contract by written notice to the Company if the Company commits a material breach of these Conditions or the Contract and either the breach is not capable of remedy or, where capable of remedy, the Company fails to remedy it within fourteen days of written notice from the Customer.

18.8 Consequences of termination. On termination of the Contract:

(a) the Customer must immediately pay all of the Company's outstanding invoices and any interest accrued under clause 10.5;

(b) the Company will invoice for any Goods or Services supplied for which an invoice has not yet been issued, and the Customer must pay that invoice immediately on receipt;

(c) the Company's retention of title under clause 17 continues to apply to any Goods for which payment has not been received in full;

(d) accrued rights and remedies of either party are not affected; and

(e) any provision that expressly or by implication is intended to continue in force after termination remains in full force.

19. Force Majeure

19.1 If performance of these Conditions and the Contracts is affected by lack of transport, materials, restrictions, strikes, riots, acts of God, supplier refusals, or other causes or events beyond the Company's control, the Company may:

• Terminate the affected Contracts.
• Perform its obligations within a reasonable time with appropriate variations, without liability for Customer losses.

20. Consents

The Customer is responsible for obtaining all consents for Goods installation and storage and ensuring compliance with by-laws, regulations, or statutes.

21. Severability

If any Condition is void or unenforceable, it is deleted, and the remaining Conditions remain in effect.

22. Assignment

The Contract is personal to the Customer, who may not assign or transfer its rights or obligations under the Contract without the Company's prior written consent. The Company may assign or transfer its rights or obligations under the Contract, provided that such assignment does not materially affect the Customer's rights under these Conditions. The Company will notify the Customer of any such assignment where reasonably practicable.

23. Notices

23.1 Notices under these Conditions must be in Writing.

23.2 Notices to the Company must be sent to the Company's registered office address or by email to support@hypervolt.co.uk.

23.3 Notices to the Customer may be sent to the address provided by the Customer in the Contract Details, by email to the Customer's registered email address, or by in-app notification.

23.4 Notices are deemed received: if delivered by hand, on delivery; if sent by post, on the second business day after posting; and if sent by email or in-app notification, at the time of sending if sent during business hours, or otherwise at 9.00am on the next business day.

24. Rights of Third Parties

No third party has rights to enforce these Conditions under the Contracts (Rights of Third Parties) Act 1999.

25. Conflict

These Conditions prevail over conflicting Customer terms unless the Company agrees in Writing, signed by a director.

26. Intellectual Property

26.1 All intellectual property rights in Goods and Services, including the app, software and documents, remain with the Company and/or its licensors, who may enforce these Conditions directly.

26.2 Save in respect of Goods where the title has passed to the Customer, all information and materials exchanged remain the property of the originating party and must be returned upon Contract termination if requested.

26.3 Hypervolt's application programming interfaces (APIs) and communication protocols are proprietary and exclusively licensed. No right of access is granted to any third party except under a signed Commercial Integration Agreement with the Company. Any access by a third party not holding such an agreement is unauthorised, regardless of the method used to obtain it.

27. Confidentiality

27.1 Neither party may use or disclose Confidential Information to third parties except to contractors, suppliers, or agents needing it for Contract performance, who agree to confidentiality.

27.2 Confidentiality does not apply to information in the public domain (except by breach of confidentiality obligations), known prior to the Contract, lawfully received from third parties, or required by court order.

27.3 Confidentiality obligations last for the duration of these Conditions and survive for a period of three years post-termination of these Conditions.

28. Liability for Third Parties

The Company is not liable for acts or omissions of utility, telecommunication, energy supply, grid operator, distribution network operator, or other third-party service providers, unless specifically engaged as subcontractors for Contract performance.

29. Data Protection

29.1 The Company shall collect and process the Customer's personal data in accordance with our Privacy Policy available at https://www.hypervolt.co.uk/privacy-policy.

30. Use of Services

30.1 To use the app, you must create an account with accurate information and maintain account confidentiality. Services include Smart Charging and Grid Support (Ultra Mode), which remotely adjust charger schedules to optimize energy use and support grid stability. All Hypervolt devices are automatically eligible for Ultra Mode Grid Support in order to help the National Grid reduce load during times of grid stress. As part of the service, we will conduct at least four 30-minute tests each year to ensure your device settings can be updated as required. You can also choose to opt out of grid support entirely at any time.

All eligible Hypervolt devices are automatically eligible for Smart Charging (Ultra Mode Smart Charging) (including cost-saving or reward features as notified to the Customer by the Company in Writing or via the app), unless excluded by being part of a parallel flexibility scheme with their current energy supplier. Ultra Mode smart charging is opt-in and you must configure your charging preferences and complete a set-up flow to activate smart charging. We may remotely update charger firmware to enable these services or provide upgrades via our cloud services.

30.2 Eligibility and consent. By using the Services, the Customer consents to:

(a) the Company and its Approved Integration Partners (including energy aggregators such as Axle Energy) accessing the Customer's half-hourly metered consumption and export data, and telemetry data from the Customer's device (including but not limited to energy, power, plug-ins, usage, and state of charge), via the national smart meter systems in accordance with the Smart Energy Code;

(b) the Company collecting the Customer's MPAN and registering the MPAN and the Customer's Flexible Device(s) with operators of flexibility markets, and sharing smart meter reads and telemetry data with those operators where required to fulfil obligations within their terms; and

(c) the Company exclusively controlling the Customer's device to deliver the Services during flexibility events and any required preparation periods.

The Company will only share the Customer's smart meter readings once consent has been provided. The Company and its Approved Integration Partners may provide operators of flexibility markets with half-hourly electricity consumption, export, baseline, and reduction data, and the value of any incentives, in aggregate form for the purposes of delivering the Service. In some cases, operators of flexibility markets may request detailed half-hourly data around flexibility events to audit performance and payment, which may include consumption and export data on an individual participant basis.

Smart meter consent may be renewed every 18 months from initial verification. Data is processed in accordance with the Company's Privacy Policy (available at https://www.hypervolt.co.uk/privacy-policy).

To use the Services, the Customer must be 18 or over, reside in Great Britain, have a working SMETS1 or SMETS2 smart meter communicating with the DCC for 30 days prior to the commencement of the Services, have a registered import MPAN, and not participate in conflicting grid services. The Customer confirms that they are the bill payer at the address provided during registration, or that they have the authority of the bill payer to enrol the Premises.

The Company may remotely update charger firmware. The Company is not liable for any loss, damage, or inconvenience caused by remote firmware updates, except to the extent arising from the Company's negligence or breach of statutory obligations.

30.3 Rewards. Smart Charging (Ultra Mode) participation entitles the Customer to rewards, subject to performance and eligibility criteria. Rewards are calculated using smart meter data, grid operator rules, and other applicable factors, and are paid by the Company via bank transfer to the Customer's nominated UK account. Rewards are not guaranteed and are conditional on the availability of smart meter data, the Customer's continued compliance with the Services' requirements, and payment terms determined by grid operators or other Approved Integration Partners. Participation in Smart Charging (Ultra Mode) requires active and uninterrupted communication between the Customer's smart meter and the DCC. The Customer is responsible for promptly notifying the Company of any issues affecting this communication. The Company accepts no liability for delays, inaccuracies, or changes to reward payments caused by third-party systems or grid operator rules outside its control, nor is it responsible for errors, omissions, or interruptions in these data sources that may affect reward calculations or payments.

30.4 You are responsible for ensuring the accuracy of the information provided for registration and compliance with the eligibility requirements above. If any of these conditions are not met or cease to be met, the Company may suspend or terminate your access to the Services without liability. The Company does not warrant uninterrupted or error-free operation of the Services.

30.5 The Company reserves the right to modify or terminate any aspect of the Smart Charging rewards program at its discretion on 14 days' Written notice.

30.6 By using the app, you agree to comply with the following restrictions: (i) you may only use the app for lawful purposes and in accordance with the terms set out in these Conditions; (ii) you must not: (a) reverse engineer, decompile, disassemble, or attempt to access the source code of the app; (b) modify, adapt, translate, or create derivative works based on the app or any part of it; (c) use the app in a manner that could damage, disable, overburden, or impair the app or its associated services, or interfere with any other party's use of the app; (d) attempt to gain unauthorised access to the app, its servers, or any network connected to the app; (e) introduce viruses, malware, or other harmful material into the app or use it to engage in illegal or harmful activity; (f) infringe the intellectual property rights of the Company or any third party in connection with your use of the app; or (g) bypass or disable any security features or measures within the app.

30.7 Control commands issued to a Hypervolt charger via the Hypervolt platform may only originate from Hypervolt Ultra Grid Operating System or from an Approved Integration Partner. Any third-party service issuing control commands without a valid Commercial Integration Agreement with the Company does so without authorisation.

30.8 Opt-out and consent withdrawal. The Customer may opt out of Smart Charging (Ultra Mode) and Grid Support (Ultra Mode), and withdraw consent to the sharing of smart meter energy data at any time, via the app or by emailing support@hypervolt.co.uk. Opting out may limit features such as rewards but does not affect manual use of the Goods or the Customer's warranty rights.

On opt-out or withdrawal of consent, the Company will stop accessing the Customer's smart meter data via the national smart metering system and will stop sharing the Customer's smart meter data with operators of flexibility markets for future events. As a result, the Customer will no longer be able to participate in Services that require smart meter data, including flexibility or demand response services. Withdrawal of consent will not affect any data already shared or used lawfully before the withdrawal, or any data the Company is required to retain to meet legal, regulatory, or audit obligations.

The Company may terminate the Customer's participation in Smart Charging or Grid Support for false information, a disconnected smart meter or charger, relocation, conflicting grid services, or technical or security risks. The Company may end Smart Charging or Grid Support without notice, with no obligation to store the Customer's data afterwards except as required under applicable data protection law.

Rewards are limited to amounts received from grid operators and are not guaranteed. Re-registration and resumption of Smart Charging or Grid Support after opting out is at the Company's discretion. Rewards cannot be withdrawn until the available reward balance is equal to or greater than ten pounds sterling. Rewards will be distributed to Customers every 90 days once fully settled via the grid operators.

30.9 Change of residence. If the Customer moves from the address at which the Services were enrolled, the Customer must opt out of the Services as soon as reasonably practicable, and no later than the date of moving. The Customer remains responsible for any consequences of failing to do so.

31. Priority of Documents

The Contract comprises:

(a) Contract Details;

(b) These Conditions. In conflicts, Contract Details prevail unless stated otherwise.

32. Proper Law

These Conditions and the Contract are governed by English law, with exclusive jurisdiction of the Courts of England and Wales.

33. Savings Calculations for EV-Specific Tariffs

33.1 The Company collaborates with energy providers to offer EV-specific tariffs, which may provide significant savings compared to petrol costs and standard variable tariffs. Savings will vary depending on factors such as vehicle efficiency, mileage, and tariff rates and as such are indicative.

33.2 For up-to-date details on available energy providers, tariffs, and indicative savings, please contact support@hypervolt.co.uk.