End User Licence Terms March 2026


Introduction

These End User Licence Terms (these "Terms") govern Your access to and use of the Services and Documentation. You are required to accept these Terms prior to You otherwise accessing the Services.

Are you a consumer or acting on behalf of a business? You will have different rights under these Terms depending on whether You are a consumer or a business. You are a consumer if:

  • You are an individual; and
  • You are using the Services and Documentation wholly or mainly for Your personal use (not for use in connection with a trade, business, craft or profession).

Clauses which are specific only to businesses are in ORANGE and clauses which are specific only to consumers are in GREEN. All other clauses apply to both businesses and consumers.

Acceptance of these terms

If You are acting on behalf of a business then the business is the "Customer" for the purposes of these Terms and by accepting these Terms, You confirm that the business agrees to these Terms which will bind the business and that You have authority to bind the business on whose behalf You are accepting these Terms. If the business does not agree to these Terms, then the business (including its employees, officers, contractors, subcontractors, representatives and/or advisers) may not use the Services.

If You are a consumer then You are the "Customer" for the purposes of these Terms and accepting these Terms, You agree to these Terms which will bind You. If You do not agree to these Terms, then You may not use the Services.

Interpretation

  • References to a clause are (unless otherwise stated) to a clause of these Terms.

  • The headings used in these Terms are for convenience only and shall not affect their meaning.

  • Any obligation on a party not to do something includes an obligation not to allow that thing to be done. Without prejudice to the foregoing, where the Customer is a business, the Customer is responsible and liable for ensuring that its employees, officers, contractors, subcontractors, representatives and advisers also comply with these Terms.

  • Where the Customer is a business, the rights provided under these Terms are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.

  • The words and phrases "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as the preceding words where a wider construction is possible.

Definitions

The following expressions shall have the following meanings in these Terms:

  • Authentication Credentials means account usernames and passwords and other means of user identification which may be provided by the Supplier to the Customer.

  • Change in Law means any change in any law (including but not limited to any statute regulation and/or industry rules and including in relation to tax) of England and Wales, the United Kingdom (or any part thereof) or the European Union which is legally binding on the Supplier and/or the Customer and which relates to the Supplier's and/or the Customer's obligations under these Terms.

  • Customer Data means all data and information concerning the Customer, their Device and their use of the Services which is collected and/or processed by the Supplier including the Customer Personal Data.

  • Device means the "Levelise Hub" device, connecting the Customer's battery storage system, solar installation and other hardware to the Services.

  • Services means both the Software and associated services provided to the Customer via the Software.

  • Software means the Device Software and SaaS Software.

Supplier's responsibilities

  1. Subject to these Terms, the Supplier shall use commercially reasonable endeavours to make the Services and Documentation available to the Customer on a nonexclusive,non-transferable basis for as long as the Customer is authorised to use the Device.

  2. The Supplier warrants that that the Services will substantially conform in all material respects to the Documentation. If the Services do not conform with the foregoing warranty,the Supplier will, at its sole discretion and expense, use all reasonable commercial endeavours to correct any such non-conformance.

  3. The Supplier shall be entitled to change the Services and/or Documentation unless such changes determine, directly or indirectly,a material reduction of the functionalities or characteristics of the Services as originally provided at the Effective Date.

Customer use of the services

  1. The Customer is granted a limited, non-exclusive, non-transferable, revocable licence to use the Device Software (as embedded in a Device) and right to use the Services and Documentation.

  2. The Customer shall not:

6.1. attempt to copy, modify, duplicate, or create derivative works from any portion of the Services or Documentation;
6.2. access any part of the Services or Documentation in order to build a product or service which competes with the Services or Documentation;
6.3. use the Services or Documentation to provide services to third parties;

  1. The Customer shall not use the Services and/or the Documentation to access, store, publish, or transmit any unlawful, harmful, or threatening material.

  2. The Customer shall comply with all applicable laws and regulations with respect to its activities.

Customer data

  1. The Customer consents to the Supplier collecting data from the Customer, Device and/or third parties in connection with the Customer's use of the Device.

  2. The data that is generated, collected, processed or stored as part of the Services may include the Customer's Personal Data and will be shared between the Supplier and the Supplier's Affiliates.

Proprietary rights

  1. The Customer acknowledges that all Intellectual Property Rights in the Services and Documentation belong to the Supplier and/or its licensors and that rights in the Services and Documentation are licensed (not sold) to the Customer.

Limitation of liability

  1. Clauses 25 to 27 set out the entire financial liability of either party:

  2. The Customer assumes sole responsibility for results obtained from its use of the Services.

  3. The Services and Documentation are provided to the Customer on an "as is" basis.

General

  1. Neither party shall be liable for any delay in performing any of its obligations due to circumstances beyond the reasonable control of the party.

Termination

  1. The Customer shall be entitled to terminate these Terms immediately in certain circumstances as defined.

  2. The Supplier must give at least two calendar months' notice to the Customer before terminating these Terms in specific conditions mentioned herein.