TERMS & CONDITIONS
May 5 2025
Te Uira ō Te Ringa Ltd t/a Aotea Energy
23 Westhaven Drive, 1010, Auckland CBD
Welcome to Aotea Energy. These Terms and Conditions ("Terms") govern your access to and use of Aotea Energy’s services, including our mobile application, IoT battery hardware and related firmware, website, and any other products or services we offer (collectively, the "Services"). By using the Services (for example, by installing our app, using our website, or connecting your Aotea battery device), you agree to be bound by these Terms, as well as our Privacy Policy (which explains how we handle your personal data). If you do not agree with these Terms, please do not use the Services. In these Terms, "Aotea Energy", "we", or "us" refers to Aotea Energy (a company registered in New Zealand), and "you" or "user" refers to the person or entity using the Services. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to that entity. Please read these Terms carefully. They contain important information about your rights and responsibilities, as well as limitations and exclusions that may apply to you. We have tried to write these Terms in clear language for ease of understanding. If you have any questions, feel free to contact us at support@aoteaenergy.com. Important: These Terms include limitations of liability and disclaimers of warranties in “Disclaimers and Limitations of Liability” section. They also contain a clause stating that the Service is not intended for minors under 18 (see Eligibility section) and other important usage guidelines. We may update these Terms from time to time. If we make changes, we will notify you by updating the date at the top and, in case of significant changes, by additional means (such as a notice on our website or an in-app notification). Your continued use of the Services after any update signifies your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Services.
Accounts and Eligibility
Age Requirement: You must be at least 18 years old to create an account or use our Services. The Services are intended for adults; they are not for minors or children. By registering an account or using the Services, you represent and warrant that you are 18 years of age or older. If you are under 18, do not use the Services. (In the future, we may allow younger users with parental consent if we launch such features, but unless and until that happens and the Terms are updated, minors may not use the Service.) Account Creation: Some parts of our Services (such as monitoring your battery system via the app) require you to create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted (such as your name and a valid email address). You also agree to update this information if it changes, so that we have correct information on file. Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Please use a strong, unique password and keep it secure. Do not share your password or account access with others. You are liable for all activities that occur under your account (except those activities that Aotea solely controls). If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We encourage you to use any available security features (like two-factor authentication) we might offer to further protect your account. One Account Per User: Unless otherwise permitted by us, you should create only one account for yourself. Creating multiple accounts or false identities is not allowed. Similarly, you should not use someone else’s account or let someone else use your account (except in compliance with a feature we provide, such as a family/household account feature if offered). Eligibility of Entities: If you are an organization or business, the individual accepting these Terms on your behalf must have the authority to do so and to bind you. You are responsible for ensuring your users or personnel who access the Services on your behalf comply with these Terms. We reserve the right to refuse registration of an account or cancel accounts that violate these Terms. If you violate the account rules (for example, provide false information, or we discover you are under 18), we may suspend or terminate your account.
USE OF SERVICE
License Grant: Subject to these Terms, Aotea Energy grants you a limited, non-exclusive, non-transferable, revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Aotea, in the manner permitted by these Terms. This means you can install and run our mobile app on your devices, use our IoT hardware in accordance with provided documentation, and access our website for your personal (or internal business) use. You may not resell or redistribute our app or software, and you may not use the Services for any unlawful or unauthorized purpose. Permitted Uses: You agree to use the Services only for their intended purpose of managing your Aotea Energy battery system and related energy services. For example, you may use the app to monitor your battery’s performance, adjust settings, view energy usage, and engage in any energy transactions or programs explicitly supported by Aotea (like selling surplus energy if that feature is provided). If we provide any APIs or data export features, your use of them must comply with any documentation and limits we set. Prohibited Uses: You agree not to misuse the Services. In particular, you will not:
— Reverse Engineer or Tamper: You will not disassemble, decompile, or reverse engineer any software or firmware provided as part of the Services, nor attempt to derive the source code or underlying ideas from the binary components, except to the extent allowed by law (and if so, with prior notice to us). You will not bypass or attempt to circumvent any security measures or access restrictions related to the Services or hardware.
— Unauthorized Access: You will not attempt to gain unauthorized access to any part of the Services (including other users’ accounts, our servers, or connected systems). This means no hacking, probing, or scanning of our networks or devices except as legally permitted (e.g., security testing with our consent).
— Interference: You will not interfere with or disrupt the integrity or performance of the Services or the data contained therein. This includes not distributing viruses, malware, or any other harmful code through the app or towards the IoT hardware. You also agree not to exploit the system in a way that imposes an unreasonable load (e.g., by rapidly pinging servers or spamming requests) outside of normal use.
— Illegal or Harmful Activities: You will not use the Services for any illegal purpose or in violation of any local, national, or international law or regulation. You will not use the Services to conduct or promote any activity that is harmful, fraudulent, deceptive, or invasive of another’s privacy or rights. For example, you must not use our Services in connection with any energy theft, grid interference, or other unlawful energy-related activities.
— No Improper Content: While our app is mainly for system data (not user-generated content), if you are able to input or communicate any content (for example, a profile name, or if a future feature allows community sharing), you agree not to post or transmit anything that is obscene, defamatory, abusive, harassing, infringing, or otherwise objectionable or that violates any third-party rights. Any content you do provide must be truthful and your own (or you have permission to use it).
— Respect for Others’ Data: If you somehow have access to information about other users (e.g., in a peer-to-peer trading scenario or a community forum), you must only use that information in ways allowed by those users and by law. You may not harvest or collect others’ personal information without consent.
— No Competitive Use: You will not use the Services to build a competing product or service, or copy any features, functions, or graphics for competitive purposes. Similarly, using the Services for benchmarking or competitor analysis is prohibited, except as allowed under fair use or with our written permission.
If you are unsure whether something is allowed, please ask us. We reserve the right to investigate any suspected misuse of the Services. Violations of this Use of the Services section may result in immediate suspension or termination of your account and access, and may also subject you to legal consequences.
IoT Hardware and Safety
Aotea Energy provides IoT battery hardware that works in tandem with our software. By using our hardware devices (or integrating them into your electrical system), you agree to the following additional terms
regarding hardware use:
— Installation by Qualified Professionals: The Aotea battery system and any related electrical equipment must be installed and configured according to our instructions and any applicable laws or standards. We strongly recommend installation by a licensed electrician or an Aotea Energy authorized installer. Incorrect or inappropriate installation can be dangerous (risking electric shock, fire, or damage to the device or your property) and may void your warranty. Aotea Energy accepts no responsibility or liability for any damage or loss caused by incorrect or inappropriate installation of the hardware or any external components. Always follow the user manual and safety guidelines provided with the device.
— Safe Operation: You are responsible for using the hardware safely. This includes maintaining appropriate environmental conditions (e.g., not exposing the battery to extreme temperatures or water unless it’s rated for such conditions), ensuring proper ventilation if required, and not overloading the system beyond its specifications. Do not attempt to modify the hardware (e.g., opening enclosures, altering circuitry) except as instructed by us. Use only approved accessories and replacements (for example, if a certain type of cable or fuse is required, use that). If you notice any malfunction (such as unusual heat, smoke, leaking fluids, etc.), you should disconnect the system if it’s safe to do so and contact us immediately.
— Firmware Updates: From time to time, we may provide firmware updates for the IoT hardware to improve functionality or security. We will notify you through the app or other means when critical updates are available. It is your responsibility to allow these updates to install. They are designed to enhance safety and performance. Failure to install updates may increase security risks or cause parts of the Services to not function properly. By using the hardware, you consent to automatic firmware updates by us (with notice) if your device is connected to the internet, unless you’ve explicitly opted out in device settings (if that option is provided). We will ensure such updates are properly tested, but as with any software, there is a small risk an update could fail or cause unforeseen issues; we will support you in resolving any update-related issues.
— Not for Critical Safety Uses: The Aotea Energy system is intended for home and commercial energy management. It is not designed or certified for use in absolutely critical environments where failure could lead to death or serious injury (e.g., life-support systems, critical medical devices, nuclear facilities, or aircraft navigation). While we strive for high reliability, you acknowledge that the battery system and app have not been designed for fail-safe performance in hazardous situations. The Services are not intended for use in hazardous environments requiring fail-safe performance (such as in the operation of medical life support or other critical infrastructure). If you choose to use the system as a backup power source for critical needs, you assume all risk for that use. We strongly advise having redundant backup systems and not relying solely on our product for critical power without proper contingency plans.
— Data and Recommendations: Any data, insights, or recommendations provided through the app or hardware (for example, an alert about battery health, or a suggestion to charge/discharge at certain times) are for informational purposes. While we aim for accuracy, this information may not always reflect real-time conditions or guarantees. Sensors can sometimes fail or report incorrect values; network delays might mean data is outdated. You should not base decisions that could result in risk (personal, financial, or otherwise) solely on information from the Service. For instance, if the app does not report an issue, but you observe something wrong with the battery (strange noises, etc.), do not ignore the real-world signs. Likewise, any cost savings or performance estimates we provide are estimates and not a promise or warranty of actual results.
— Compliance with Laws: You are responsible for complying with all local regulations when using our hardware. This includes any electrical codes, grid connection rules, or energy trading regulations. If you feed energy back to the grid or engage in peer-to-peer energy trading via our Service, ensure you have any required permissions from your utility or authorities. We facilitate connections and data, but we are not responsible for securing permits on your behalf (unless otherwise arranged in a separate contract).
— Hardware Warranty: These Terms are separate from any hardware warranty that came with your Aotea Energy device. We may provide a limited warranty for the hardware in a separate document (for example, a one-year manufacturer’s warranty for defects). That warranty, if provided, details your remedies for defective hardware. Nothing in these Terms shall override the explicit terms of such hardware warranty. However, aside from what is promised in that warranty (or required by law), the hardware is provided “as is” (see Disclaimers below). Make sure to register your product if required for warranty service, and retain proof of purchase.
By using the hardware and Services, you agree to operate the system in accordance with all documentation and these Terms. If you rent or transfer the equipment to someone else, it is your responsibility to ensure they agree to and are aware of proper usage guidelines (and ideally have them register their own account with us).
INTELLECTUAL PROPERTY
Ownership:
Aotea Energy (and/or our licensors) retain all right, title, and interest in and to the Services, including all software, code, technology, content, logos, trademarks, and documentation. The Services are protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not transfer any ownership of our intellectual property to you. Rather, we only give you the limited rights to use the Services as described above. All trademarks, logos, and service marks displayed in the Services (e.g., “Aotea Energy” name and logo) are our property (or that of our partners). You are not granted any license to use these marks without our prior written permission. User Content: Our Services generally revolve around system data rather than user-generated content. However, if you submit any content to us (for example, feedback, suggestions, or if in the future you can post on a user forum or share settings templates with others), you retain ownership of that content. By submitting any content or feedback, you grant Aotea Energy a worldwide, royalty-free, sublicensable license to use, copy, modify, distribute, and display that content solely for the purpose of operating, improving, or promoting the Services. For example, if you send us a suggestion, we can use it without compensating you. If you share a testimonial or project details with us with permission to use, we may publish it. We will not, however, use your personal content for marketing without your consent. You promise that you have all necessary rights to any content you submit and that it does not infringe any third-party rights. Restrictions: You will not copy, distribute, or create derivative works based on our app or website or any part of the Services, unless we have given you explicit written permission (or as allowed by an open-source license in the case of any components that are open source). If you download our mobile app from an app store (Apple App Store, Google Play, etc.), you must comply with that store’s terms of service. Those third-party marketplaces may have rights to enforce their terms against you in relation to your use of the app. Third-Party Materials: The Services may include or integrate third-party libraries or APIs (for example, open source software, or Google Maps for showing location). Each of those components may be subject to separate license terms, which we will make available to you as required. Using our Services, you agree to comply with such third-party licenses if they apply (for example, respecting the Google Maps terms if using a map feature). We are not responsible for third-party materials that we don’t control. Any rights not expressly granted to you in these Terms are reserved by Aotea Energy
Privacy and Data
Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy (available above or on our website). By using the Services, you acknowledge that you have read and understood the Privacy Policy. In summary, we collect certain data (like account info and battery telemetry) to provide the Services and improve them, and we protect that data as described in the Privacy Policy. We do not share your personal data with unauthorized parties, as per our Privacy Policy. If you have a data request or concern, please refer to the Privacy Policy’s contact section. Also, note that by using the IoT features, certain data will be transmitted (e.g., your battery’s performance data) and stored by us. You consent to our processing of that data as necessary to provide the Service.
Privacy and Data
Aotea Energy is continually improving its Services. You agree that the software (including the mobile app and device firmware) may update automatically on your device once a new version or feature is available, subject to your device settings. These updates are intended to enhance security or add/modify features. We will try to notify you (through release notes or notifications) about significant changes. We strive to keep the Services up and running smoothly. However, availability is not guaranteed. The Services may occasionally be down for maintenance, repairs, upgrades, or due to network or equipment failures. We will attempt to schedule maintenance during low-usage times and inform you in advance if it’s a major outage. But we cannot guarantee that the Services will be uninterrupted or error-free at all times. Factors outside our control (like internet outages, power failures, or third-party service issues) may also affect the Service. You acknowledge that the Service may occasionally be interrupted, delayed, or have errors, and that data (including telemetry data or notifications) may not always be delivered in real-time. Trace and history will typically catch up when connectivity is restored. We are not responsible for any issues arising from the unavailability of the Services or any feature, to the extent such unavailability is outside our reasonable control or was necessary for maintenance. We do not guarantee that any particular feature or content will always be available. We may change or discontinue certain features (for example, if a third-party API we rely on is deprecated, or if we decide to replace a feature with something better). If we discontinue a core feature, we’ll do our best to let you know and perhaps offer alternatives.
Third-Party Services and Links
The Services might include links or integrations to third-party services not operated by Aotea Energy. For example, our app might link to a knowledge base on another domain, or allow you to export data to a third-party platform, or facilitate connecting with your utility’s demand response program which uses an external service. Third-Party Links: Any link to a third-party website or service is provided for convenience only. We do not endorse or have control over those external sites. If you visit a third-party link, you do so at your own risk, and your use will be governed by that third party’s terms and privacy policy. Aotea Energy is not responsible for content, products, or services on third-party sites. Integrations: If we integrate a third-party service as part of our features (for example, Google Maps for location or a payment processor for handling transactions), there may be additional terms from that provider that apply. For instance, using a map feature might bind you to Google’s Maps terms of service. We will make you aware of any such terms within the app or documentation. While we aim to ensure these integrations work correctly, we cannot guarantee the third-party service’s performance. Thus, we are not liable for errors or downtime caused by third-party services. (For example, if Google Analytics or our cloud provider experiences an outage or bug, that is beyond our control, and we aren’t responsible for resulting issues.) If you grant a third-party service (e.g., a smart home platform) access to your Aotea Energy data, note that we are not responsible for what that third party does with your data. Be sure you trust any service you connect to
Disclaimers of Warranties
As-Is Basis: The Services (including our mobile app, website, IoT hardware, and all content and software) are provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, Aotea Energy disclaims all warranties, express or implied, in relation to the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This means we do not make promises that the Services will meet your specific needs, or that they will function without interruption or errors. No Guarantee of Perfection: We strive to provide a high-quality product, but we do not guarantee that the Services will be error-free, completely secure, or operate uninterrupted at all times. For example, we do not warrant that: (a) the data you see in the app will always be up-to-the-minute accurate or free of anomalies, (b) any estimates or analytics we provide (such as energy savings projections) will come to fruition exactly as predicted, (c) the software or firmware is free of bugs, or (d) the communication between the IoT device and the cloud will never experience latency or drop data. You acknowledge that occasional downtime, bugs, or inaccuracies are inherent risks in any complex technical service.
Specific Disclaimed Warranties: Without limiting the generality of the above, we specifically do not warrant that:
— The battery hardware will always operate without faults or degradation. (It’s covered by any express warranty you received at purchase, but beyond that, we make no further implied guarantees of performance or longevity in these Terms.)
— The Services will prevent all issues – for instance, using our app to monitor your battery does not guarantee prevention of battery malfunctions or grid outages.
— The security measures employed (encryption, mTLS, etc.) will render the Services completely invulnerable to unauthorized access. While we take strong measures, no system is perfectly secure.
— Any data loss will be avoided. It’s unlikely, but data could be lost due to unforeseen issues. We encourage you to keep any critical information (like transaction records if needed) separately if it’s important.
—Third-Party Services (like cloud providers, analytics, or integrations) will function without interruption. We disclaim liability for their downtime or errors.
User’s Responsibility: You understand that the success of using our Services also depends on factors outside our control, such as your proper installation and maintenance of the hardware, using updated software, having a stable internet connection, etc. Any advice or information (technical support, etc.) that you obtain from Aotea Energy outside of these Terms does not create any warranty that is not expressly stated in these Terms. Consumer Rights: If you are a consumer (not a business user) in New Zealand, you may have rights under the Consumer Guarantees Act 1993 (CGA) and other laws that cannot be excluded or limited. For example, services must be carried out with reasonable care and skill, and goods must be of acceptable quality. Nothing in these Terms is intended to exclude, restrict, or modify any rights you have under the CGA or other consumer laws that cannot be lawfully excluded. If you are acquiring our Services for the purposes of a business, you agree that the CGA does not apply (to the extent permitted by law). In summary, while we provide the above disclaimers to inform you of potential issues, you might have remedies under consumer law if our product fails to meet mandatory guarantees. Beta Features: If we label any part of the Services as “beta,” “preview,” or “experimental,” those are provided without any warranties whatsoever. They are in testing phase and may be even more likely to have issues. Use beta features at your own risk and we especially appreciate feedback on them, but they might change or be removed.
Limitation of Liability
To the maximum extent permitted by applicable law, Aotea Energy and its affiliates, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the Services. This includes, without limitation, damages for lost profits, lost savings or revenue, loss of data, loss of goodwill, device or property damage, or the cost of procuring substitute services, even if we have been advised of the possibility of such damages. In other words, if things go wrong, we are not responsible for losses that were not directly caused by our breach or that we could not reasonably foresee.
Some examples of damages or losses that we are not liable for under this limitation include:
— Losses incurred because the Services were unavailable or malfunctioning (e.g., you couldn’t sell energy at a peak time due to an app outage, or you had to buy grid electricity because the battery didn’t charge as expected).
— Any harm to your home or appliances that results from misuse of the battery hardware or from following data that turned out to be inaccurate. (Always use prudent judgment – the Service’s info is a tool, not a guarantee.)
— Financial losses or penalties from third parties – for instance, if an automated setting fails and you draw more power from the grid than planned, leading to a high bill or a missed savings opportunity, or if a transaction facilitated by our system doesn’t go through and you miss a payment (we aren’t a bank or utility and can’t guarantee financial transactions).
— Loss or corruption of data – if your usage history or settings get lost due to a bug, we’ll try to recover or fix it, but we won’t be liable for any value you ascribe to that data.
Cap on Liability: To the extent that our liability cannot be entirely disclaimed, and to the extent permitted by law, the total aggregate liability of Aotea Energy for any claims arising out of or related to these Services or Terms shall be limited to the amount you paid Aotea (if any) for the Services in the 12 months immediately preceding the event giving rise to the claim, or NZD $100, whichever is greater. If, for example, you have a subscription service and paid $50 in the last year, our total liability would be capped at $100 (the greater amount). If you paid nothing (perhaps the app is free and you only bought hardware from a reseller), our maximum liability to you for all claims combined would be $100. This limitation applies whether the claims are based on warranty, contract, tort (including negligence), or any other legal theory. Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. For instance, we do not exclude liability for death or personal injury caused by our proven negligence, or liability for our fraud or fraudulent misrepresentation. Also, any specific rights or remedies you have under consumer protection laws (like the CGA in NZ) are not overridden. If a court finds that certain liabilities cannot be excluded or capped as above, then those liabilities are not excluded, but everything else remains in effect. Multiple Claims: The existence of multiple claims or suits will not enlarge or extend the cap on liability. The cap is a total aggregate limit. Reliance on Information: You acknowledge that you have not relied on any representation, warranty, or statement other than those expressly set out in these Terms. Aotea Energy will not be liable for any statements or representations made by resellers, installers, or other third parties, unless and only to the extent required by law. This limitation-of-liability section is a critical part of our agreement. It allocates the risks between us (Aotea is a startup providing innovative services, and we price and offer the Services in reliance on these limitations). By using the Services, you agree that these limitations are reasonable.
Indemnification
You agree to indemnify, defend, and hold harmless Aotea Energy and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) that arise out of or relate to: (a) your use of the Services in violation of these Terms or applicable law, (b) your breach of any provision of these Terms, or (c) any violation of law or third-party rights by you in connection with your use of the Services. For example, if you use the hardware in a way that causes a fire or injury due to not following guidelines, and a third party (like a neighbor) sues Aotea Energy for that damage, you would be responsible for covering Aotea’s costs and any liability (since that misuse was outside our control). Similarly, if you violate someone else’s rights using our Service (perhaps by sharing data you weren’t allowed to), and they bring a claim against us, you’ll indemnify us for that. We will: (i) promptly notify you of any such claim (provided, however, that failure to promptly notify you will only affect your obligations to the extent that our delay prejudiced your ability to defend the claim), (ii) permit you to control the defense and settlement of such claim, and (iii) reasonably cooperate with you in the defense. You may not settle a claim in a manner that admits fault on Aotea’s part or imposes obligations on Aotea without our prior written consent (which will not be unreasonably withheld). Aotea reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which case your obligation to cooperate with us will continue). This indemnification obligation will survive termination of your account or these Terms
Termination
By You:
You can stop using our Services at any time. If you wish to delete your account, you may do so through the app (if feature provided) or by contacting support. Termination of your account will not immediately delete data that we are obliged to retain (see Privacy Policy for data handling on termination), but your personal access will cease.
By Us:
We may suspend or terminate your access to the Services (in whole or part) immediately, without prior notice, if you violate these Terms or if we reasonably suspect that you have violated these Terms or are using the Services in a manner that could cause us legal liability or disrupt others’ use. For example, if we find you are attempting to hack our system or are misusing the hardware dangerously, we may cut off your access. In less severe cases, we will provide notice of the breach and an opportunity to cure (if curable) before termination. Additionally, we may terminate the Services or your account for convenience with at least 30 days’ notice (for example, if we decide to discontinue the Service in your region), but this is rare.
Effect of Termination:
Upon termination of your account, your right to use the Services will immediately cease. You must cease all use of any licensed software (and uninstall or delete copies of the app if requested). Any accrued obligations or rights up to termination remain in effect. For example, any payment obligations, or the sections on intellectual property, disclaimers, limitations of liability, and indemnity will survive. If you had any outstanding transactions or balances (like fees owed, if applicable), those are still due. If we terminate your account due to a breach of Terms, we are not obligated to refund any fees you may have paid (if any). If we terminate for convenience (not due to your breach), and you have paid for a future service period, we may provide a pro-rata refund for the remaining period. Termination does not relieve either party from liability arising prior to termination. If you have caused damages or owe indemnification, those obligations survive.
Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with them or the Services will be governed by the laws of New Zealand, without regard to its conflict of law principles. This means that the interpretation and enforcement of these Terms will be according to New Zealand law. If you are a consumer and live in another country, you might have certain consumer protection rights under the laws of that country. Nothing in this section seeks to override those rights. However, to the extent permissible, New Zealand law will apply. Jurisdiction: You agree that any dispute or claim arising out of or related to the Services or these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand. Specifically, the courts located in Auckland, New Zealand (unless another city is specified by us) will have jurisdiction. You and Aotea Energy consent to personal jurisdiction in those courts. (If you are a consumer in NZ, you may have access to the Disputes Tribunal or other avenues for small disputes; this section doesn’t prevent you from using those if applicable.) Dispute Resolution: We genuinely hope to resolve any issues with you amicably. Before filing a lawsuit, please consider reaching out to us at legal@aoteaenergy.com to discuss the dispute. We will do our best to address your concerns. Sometimes a quick chat can avoid a formal dispute. If we cannot resolve through negotiation, you and we agree to submit to the courts as stated. We do not currently require arbitration or mediation, but we remain open to alternative dispute resolution methods if both parties agree.
Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any other policies or addendums referenced herein, constitute the entire agreement between you and Aotea Energy regarding the use of the Services. They supersede any prior agreements or communications (whether oral or written) between you and us relating to the subject matter. Any additional or different terms you propose (for example, in a purchase order or email) are rejected unless agreed in writing by an authorized representative of Aotea. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. In other words, the invalid part can be removed or adjusted, but the rest of the Terms still apply. No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. For example, if you miss a payment and we don’t immediately act, we still reserve the right to collect later or enforce the term in the future. Any waiver must be in writing and signed by us to be effective. Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. We may assign these Terms or any rights hereunder without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. No Third-Party Beneficiaries: These Terms are for the benefit of you and Aotea Energy. They are not intended to confer any rights or benefits on any third party (except permitted successors/assignees), and no third party may assert any rights as a third-party beneficiary, except as follows: if you downloaded the app from Apple’s App Store, Apple and its subsidiaries are third-party beneficiaries to these Terms for purposes of the license to the app, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as it pertains to the app. Force Majeure: Aotea Energy will not be liable for any failure or delay in performance of its obligations (excluding payment obligations) if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, war, terrorism, civil unrest, strikes, labor disputes, fires, power or network outages, embargoes, or government actions. Notices: We may provide you with notices, including those regarding changes to these Terms or other matters, by email to the address associated with your account, by regular mail, or by postings within the app or on our website. Notices sent by email will be deemed received when sent, unless we receive a bounce-back indicating the email was not delivered. It is your responsibility to keep your email address current. If you need to give us notice, please do so by email to support@aoteaenergy.com or via our official mailing address (provided in the Privacy Policy contact info), unless a specific notice address is provided for legal notices.
CONTACT
If you have any questions about these Terms, or need to contact us for any reason relating to the Services, please reach out to:
Aotea Energy – Support Team Email: support@aoteaenergy.com
Address: 23 Westhaven Drive 1010 Auckland CBD
We appreciate you as a user of Aotea Energy.
Thank you for reading these Terms carefully.
By ensuring both you and we understand our commitments, we can focus on what really matters – revolutionizing battery technology and empowering you with reliable energy.
Let's build a sustainable energy future together!
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TERMS & CONDITIONS
May 5 2025
Te Uira ō Te Ringa Ltd t/a Aotea Energy
23 Westhaven Drive, 1010, Auckland CBD
Welcome to Aotea Energy. These Terms and Conditions ("Terms") govern your access to and use of Aotea Energy’s services, including our mobile application, IoT battery hardware and related firmware, website, and any other products or services we offer (collectively, the "Services"). By using the Services (for example, by installing our app, using our website, or connecting your Aotea battery device), you agree to be bound by these Terms, as well as our Privacy Policy (which explains how we handle your personal data). If you do not agree with these Terms, please do not use the Services. In these Terms, "Aotea Energy", "we", or "us" refers to Aotea Energy (a company registered in New Zealand), and "you" or "user" refers to the person or entity using the Services. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to that entity. Please read these Terms carefully. They contain important information about your rights and responsibilities, as well as limitations and exclusions that may apply to you. We have tried to write these Terms in clear language for ease of understanding. If you have any questions, feel free to contact us at support@aoteaenergy.com. Important: These Terms include limitations of liability and disclaimers of warranties in “Disclaimers and Limitations of Liability” section. They also contain a clause stating that the Service is not intended for minors under 18 (see Eligibility section) and other important usage guidelines. We may update these Terms from time to time. If we make changes, we will notify you by updating the date at the top and, in case of significant changes, by additional means (such as a notice on our website or an in-app notification). Your continued use of the Services after any update signifies your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Services.
Accounts and Eligibility
Age Requirement: You must be at least 18 years old to create an account or use our Services. The Services are intended for adults; they are not for minors or children. By registering an account or using the Services, you represent and warrant that you are 18 years of age or older. If you are under 18, do not use the Services. (In the future, we may allow younger users with parental consent if we launch such features, but unless and until that happens and the Terms are updated, minors may not use the Service.) Account Creation: Some parts of our Services (such as monitoring your battery system via the app) require you to create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted (such as your name and a valid email address). You also agree to update this information if it changes, so that we have correct information on file. Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Please use a strong, unique password and keep it secure. Do not share your password or account access with others. You are liable for all activities that occur under your account (except those activities that Aotea solely controls). If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We encourage you to use any available security features (like two-factor authentication) we might offer to further protect your account. One Account Per User: Unless otherwise permitted by us, you should create only one account for yourself. Creating multiple accounts or false identities is not allowed. Similarly, you should not use someone else’s account or let someone else use your account (except in compliance with a feature we provide, such as a family/household account feature if offered). Eligibility of Entities: If you are an organization or business, the individual accepting these Terms on your behalf must have the authority to do so and to bind you. You are responsible for ensuring your users or personnel who access the Services on your behalf comply with these Terms. We reserve the right to refuse registration of an account or cancel accounts that violate these Terms. If you violate the account rules (for example, provide false information, or we discover you are under 18), we may suspend or terminate your account.
USE OF SERVICE
License Grant: Subject to these Terms, Aotea Energy grants you a limited, non-exclusive, non-transferable, revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Aotea, in the manner permitted by these Terms. This means you can install and run our mobile app on your devices, use our IoT hardware in accordance with provided documentation, and access our website for your personal (or internal business) use. You may not resell or redistribute our app or software, and you may not use the Services for any unlawful or unauthorized purpose. Permitted Uses: You agree to use the Services only for their intended purpose of managing your Aotea Energy battery system and related energy services. For example, you may use the app to monitor your battery’s performance, adjust settings, view energy usage, and engage in any energy transactions or programs explicitly supported by Aotea (like selling surplus energy if that feature is provided). If we provide any APIs or data export features, your use of them must comply with any documentation and limits we set. Prohibited Uses: You agree not to misuse the Services. In particular, you will not:
— Reverse Engineer or Tamper: You will not disassemble, decompile, or reverse engineer any software or firmware provided as part of the Services, nor attempt to derive the source code or underlying ideas from the binary components, except to the extent allowed by law (and if so, with prior notice to us). You will not bypass or attempt to circumvent any security measures or access restrictions related to the Services or hardware.
— Unauthorized Access: You will not attempt to gain unauthorized access to any part of the Services (including other users’ accounts, our servers, or connected systems). This means no hacking, probing, or scanning of our networks or devices except as legally permitted (e.g., security testing with our consent).
— Interference: You will not interfere with or disrupt the integrity or performance of the Services or the data contained therein. This includes not distributing viruses, malware, or any other harmful code through the app or towards the IoT hardware. You also agree not to exploit the system in a way that imposes an unreasonable load (e.g., by rapidly pinging servers or spamming requests) outside of normal use.
— Illegal or Harmful Activities: You will not use the Services for any illegal purpose or in violation of any local, national, or international law or regulation. You will not use the Services to conduct or promote any activity that is harmful, fraudulent, deceptive, or invasive of another’s privacy or rights. For example, you must not use our Services in connection with any energy theft, grid interference, or other unlawful energy-related activities.
— No Improper Content: While our app is mainly for system data (not user-generated content), if you are able to input or communicate any content (for example, a profile name, or if a future feature allows community sharing), you agree not to post or transmit anything that is obscene, defamatory, abusive, harassing, infringing, or otherwise objectionable or that violates any third-party rights. Any content you do provide must be truthful and your own (or you have permission to use it).
— Respect for Others’ Data: If you somehow have access to information about other users (e.g., in a peer-to-peer trading scenario or a community forum), you must only use that information in ways allowed by those users and by law. You may not harvest or collect others’ personal information without consent.
— No Competitive Use: You will not use the Services to build a competing product or service, or copy any features, functions, or graphics for competitive purposes. Similarly, using the Services for benchmarking or competitor analysis is prohibited, except as allowed under fair use or with our written permission.
If you are unsure whether something is allowed, please ask us. We reserve the right to investigate any suspected misuse of the Services. Violations of this Use of the Services section may result in immediate suspension or termination of your account and access, and may also subject you to legal consequences.
IoT Hardware and Safety
Aotea Energy provides IoT battery hardware that works in tandem with our software. By using our hardware devices (or integrating them into your electrical system), you agree to the following additional terms
regarding hardware use:
— Installation by Qualified Professionals: The Aotea battery system and any related electrical equipment must be installed and configured according to our instructions and any applicable laws or standards. We strongly recommend installation by a licensed electrician or an Aotea Energy authorized installer. Incorrect or inappropriate installation can be dangerous (risking electric shock, fire, or damage to the device or your property) and may void your warranty. Aotea Energy accepts no responsibility or liability for any damage or loss caused by incorrect or inappropriate installation of the hardware or any external components. Always follow the user manual and safety guidelines provided with the device.
— Safe Operation: You are responsible for using the hardware safely. This includes maintaining appropriate environmental conditions (e.g., not exposing the battery to extreme temperatures or water unless it’s rated for such conditions), ensuring proper ventilation if required, and not overloading the system beyond its specifications. Do not attempt to modify the hardware (e.g., opening enclosures, altering circuitry) except as instructed by us. Use only approved accessories and replacements (for example, if a certain type of cable or fuse is required, use that). If you notice any malfunction (such as unusual heat, smoke, leaking fluids, etc.), you should disconnect the system if it’s safe to do so and contact us immediately.
— Firmware Updates: From time to time, we may provide firmware updates for the IoT hardware to improve functionality or security. We will notify you through the app or other means when critical updates are available. It is your responsibility to allow these updates to install. They are designed to enhance safety and performance. Failure to install updates may increase security risks or cause parts of the Services to not function properly. By using the hardware, you consent to automatic firmware updates by us (with notice) if your device is connected to the internet, unless you’ve explicitly opted out in device settings (if that option is provided). We will ensure such updates are properly tested, but as with any software, there is a small risk an update could fail or cause unforeseen issues; we will support you in resolving any update-related issues.
— Not for Critical Safety Uses: The Aotea Energy system is intended for home and commercial energy management. It is not designed or certified for use in absolutely critical environments where failure could lead to death or serious injury (e.g., life-support systems, critical medical devices, nuclear facilities, or aircraft navigation). While we strive for high reliability, you acknowledge that the battery system and app have not been designed for fail-safe performance in hazardous situations. The Services are not intended for use in hazardous environments requiring fail-safe performance (such as in the operation of medical life support or other critical infrastructure). If you choose to use the system as a backup power source for critical needs, you assume all risk for that use. We strongly advise having redundant backup systems and not relying solely on our product for critical power without proper contingency plans.
— Data and Recommendations: Any data, insights, or recommendations provided through the app or hardware (for example, an alert about battery health, or a suggestion to charge/discharge at certain times) are for informational purposes. While we aim for accuracy, this information may not always reflect real-time conditions or guarantees. Sensors can sometimes fail or report incorrect values; network delays might mean data is outdated. You should not base decisions that could result in risk (personal, financial, or otherwise) solely on information from the Service. For instance, if the app does not report an issue, but you observe something wrong with the battery (strange noises, etc.), do not ignore the real-world signs. Likewise, any cost savings or performance estimates we provide are estimates and not a promise or warranty of actual results.
— Compliance with Laws: You are responsible for complying with all local regulations when using our hardware. This includes any electrical codes, grid connection rules, or energy trading regulations. If you feed energy back to the grid or engage in peer-to-peer energy trading via our Service, ensure you have any required permissions from your utility or authorities. We facilitate connections and data, but we are not responsible for securing permits on your behalf (unless otherwise arranged in a separate contract).
— Hardware Warranty: These Terms are separate from any hardware warranty that came with your Aotea Energy device. We may provide a limited warranty for the hardware in a separate document (for example, a one-year manufacturer’s warranty for defects). That warranty, if provided, details your remedies for defective hardware. Nothing in these Terms shall override the explicit terms of such hardware warranty. However, aside from what is promised in that warranty (or required by law), the hardware is provided “as is” (see Disclaimers below). Make sure to register your product if required for warranty service, and retain proof of purchase.
By using the hardware and Services, you agree to operate the system in accordance with all documentation and these Terms. If you rent or transfer the equipment to someone else, it is your responsibility to ensure they agree to and are aware of proper usage guidelines (and ideally have them register their own account with us).
INTELLECTUAL PROPERTY
Ownership:
Aotea Energy (and/or our licensors) retain all right, title, and interest in and to the Services, including all software, code, technology, content, logos, trademarks, and documentation. The Services are protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not transfer any ownership of our intellectual property to you. Rather, we only give you the limited rights to use the Services as described above. All trademarks, logos, and service marks displayed in the Services (e.g., “Aotea Energy” name and logo) are our property (or that of our partners). You are not granted any license to use these marks without our prior written permission. User Content: Our Services generally revolve around system data rather than user-generated content. However, if you submit any content to us (for example, feedback, suggestions, or if in the future you can post on a user forum or share settings templates with others), you retain ownership of that content. By submitting any content or feedback, you grant Aotea Energy a worldwide, royalty-free, sublicensable license to use, copy, modify, distribute, and display that content solely for the purpose of operating, improving, or promoting the Services. For example, if you send us a suggestion, we can use it without compensating you. If you share a testimonial or project details with us with permission to use, we may publish it. We will not, however, use your personal content for marketing without your consent. You promise that you have all necessary rights to any content you submit and that it does not infringe any third-party rights. Restrictions: You will not copy, distribute, or create derivative works based on our app or website or any part of the Services, unless we have given you explicit written permission (or as allowed by an open-source license in the case of any components that are open source). If you download our mobile app from an app store (Apple App Store, Google Play, etc.), you must comply with that store’s terms of service. Those third-party marketplaces may have rights to enforce their terms against you in relation to your use of the app. Third-Party Materials: The Services may include or integrate third-party libraries or APIs (for example, open source software, or Google Maps for showing location). Each of those components may be subject to separate license terms, which we will make available to you as required. Using our Services, you agree to comply with such third-party licenses if they apply (for example, respecting the Google Maps terms if using a map feature). We are not responsible for third-party materials that we don’t control. Any rights not expressly granted to you in these Terms are reserved by Aotea Energy
Privacy and Data
Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy (available above or on our website). By using the Services, you acknowledge that you have read and understood the Privacy Policy. In summary, we collect certain data (like account info and battery telemetry) to provide the Services and improve them, and we protect that data as described in the Privacy Policy. We do not share your personal data with unauthorized parties, as per our Privacy Policy. If you have a data request or concern, please refer to the Privacy Policy’s contact section. Also, note that by using the IoT features, certain data will be transmitted (e.g., your battery’s performance data) and stored by us. You consent to our processing of that data as necessary to provide the Service.
Privacy and Data
Aotea Energy is continually improving its Services. You agree that the software (including the mobile app and device firmware) may update automatically on your device once a new version or feature is available, subject to your device settings. These updates are intended to enhance security or add/modify features. We will try to notify you (through release notes or notifications) about significant changes. We strive to keep the Services up and running smoothly. However, availability is not guaranteed. The Services may occasionally be down for maintenance, repairs, upgrades, or due to network or equipment failures. We will attempt to schedule maintenance during low-usage times and inform you in advance if it’s a major outage. But we cannot guarantee that the Services will be uninterrupted or error-free at all times. Factors outside our control (like internet outages, power failures, or third-party service issues) may also affect the Service. You acknowledge that the Service may occasionally be interrupted, delayed, or have errors, and that data (including telemetry data or notifications) may not always be delivered in real-time. Trace and history will typically catch up when connectivity is restored. We are not responsible for any issues arising from the unavailability of the Services or any feature, to the extent such unavailability is outside our reasonable control or was necessary for maintenance. We do not guarantee that any particular feature or content will always be available. We may change or discontinue certain features (for example, if a third-party API we rely on is deprecated, or if we decide to replace a feature with something better). If we discontinue a core feature, we’ll do our best to let you know and perhaps offer alternatives.
Third-Party Services and Links
The Services might include links or integrations to third-party services not operated by Aotea Energy. For example, our app might link to a knowledge base on another domain, or allow you to export data to a third-party platform, or facilitate connecting with your utility’s demand response program which uses an external service. Third-Party Links: Any link to a third-party website or service is provided for convenience only. We do not endorse or have control over those external sites. If you visit a third-party link, you do so at your own risk, and your use will be governed by that third party’s terms and privacy policy. Aotea Energy is not responsible for content, products, or services on third-party sites. Integrations: If we integrate a third-party service as part of our features (for example, Google Maps for location or a payment processor for handling transactions), there may be additional terms from that provider that apply. For instance, using a map feature might bind you to Google’s Maps terms of service. We will make you aware of any such terms within the app or documentation. While we aim to ensure these integrations work correctly, we cannot guarantee the third-party service’s performance. Thus, we are not liable for errors or downtime caused by third-party services. (For example, if Google Analytics or our cloud provider experiences an outage or bug, that is beyond our control, and we aren’t responsible for resulting issues.) If you grant a third-party service (e.g., a smart home platform) access to your Aotea Energy data, note that we are not responsible for what that third party does with your data. Be sure you trust any service you connect to
Disclaimers of Warranties
As-Is Basis: The Services (including our mobile app, website, IoT hardware, and all content and software) are provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, Aotea Energy disclaims all warranties, express or implied, in relation to the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This means we do not make promises that the Services will meet your specific needs, or that they will function without interruption or errors. No Guarantee of Perfection: We strive to provide a high-quality product, but we do not guarantee that the Services will be error-free, completely secure, or operate uninterrupted at all times. For example, we do not warrant that: (a) the data you see in the app will always be up-to-the-minute accurate or free of anomalies, (b) any estimates or analytics we provide (such as energy savings projections) will come to fruition exactly as predicted, (c) the software or firmware is free of bugs, or (d) the communication between the IoT device and the cloud will never experience latency or drop data. You acknowledge that occasional downtime, bugs, or inaccuracies are inherent risks in any complex technical service.
Specific Disclaimed Warranties: Without limiting the generality of the above, we specifically do not warrant that:
— The battery hardware will always operate without faults or degradation. (It’s covered by any express warranty you received at purchase, but beyond that, we make no further implied guarantees of performance or longevity in these Terms.)
— The Services will prevent all issues – for instance, using our app to monitor your battery does not guarantee prevention of battery malfunctions or grid outages.
— The security measures employed (encryption, mTLS, etc.) will render the Services completely invulnerable to unauthorized access. While we take strong measures, no system is perfectly secure.
— Any data loss will be avoided. It’s unlikely, but data could be lost due to unforeseen issues. We encourage you to keep any critical information (like transaction records if needed) separately if it’s important.
—Third-Party Services (like cloud providers, analytics, or integrations) will function without interruption. We disclaim liability for their downtime or errors.
User’s Responsibility: You understand that the success of using our Services also depends on factors outside our control, such as your proper installation and maintenance of the hardware, using updated software, having a stable internet connection, etc. Any advice or information (technical support, etc.) that you obtain from Aotea Energy outside of these Terms does not create any warranty that is not expressly stated in these Terms. Consumer Rights: If you are a consumer (not a business user) in New Zealand, you may have rights under the Consumer Guarantees Act 1993 (CGA) and other laws that cannot be excluded or limited. For example, services must be carried out with reasonable care and skill, and goods must be of acceptable quality. Nothing in these Terms is intended to exclude, restrict, or modify any rights you have under the CGA or other consumer laws that cannot be lawfully excluded. If you are acquiring our Services for the purposes of a business, you agree that the CGA does not apply (to the extent permitted by law). In summary, while we provide the above disclaimers to inform you of potential issues, you might have remedies under consumer law if our product fails to meet mandatory guarantees. Beta Features: If we label any part of the Services as “beta,” “preview,” or “experimental,” those are provided without any warranties whatsoever. They are in testing phase and may be even more likely to have issues. Use beta features at your own risk and we especially appreciate feedback on them, but they might change or be removed.
Limitation of Liability
To the maximum extent permitted by applicable law, Aotea Energy and its affiliates, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the Services. This includes, without limitation, damages for lost profits, lost savings or revenue, loss of data, loss of goodwill, device or property damage, or the cost of procuring substitute services, even if we have been advised of the possibility of such damages. In other words, if things go wrong, we are not responsible for losses that were not directly caused by our breach or that we could not reasonably foresee.
Some examples of damages or losses that we are not liable for under this limitation include:
— Losses incurred because the Services were unavailable or malfunctioning (e.g., you couldn’t sell energy at a peak time due to an app outage, or you had to buy grid electricity because the battery didn’t charge as expected).
— Any harm to your home or appliances that results from misuse of the battery hardware or from following data that turned out to be inaccurate. (Always use prudent judgment – the Service’s info is a tool, not a guarantee.)
— Financial losses or penalties from third parties – for instance, if an automated setting fails and you draw more power from the grid than planned, leading to a high bill or a missed savings opportunity, or if a transaction facilitated by our system doesn’t go through and you miss a payment (we aren’t a bank or utility and can’t guarantee financial transactions).
— Loss or corruption of data – if your usage history or settings get lost due to a bug, we’ll try to recover or fix it, but we won’t be liable for any value you ascribe to that data.
Cap on Liability: To the extent that our liability cannot be entirely disclaimed, and to the extent permitted by law, the total aggregate liability of Aotea Energy for any claims arising out of or related to these Services or Terms shall be limited to the amount you paid Aotea (if any) for the Services in the 12 months immediately preceding the event giving rise to the claim, or NZD $100, whichever is greater. If, for example, you have a subscription service and paid $50 in the last year, our total liability would be capped at $100 (the greater amount). If you paid nothing (perhaps the app is free and you only bought hardware from a reseller), our maximum liability to you for all claims combined would be $100. This limitation applies whether the claims are based on warranty, contract, tort (including negligence), or any other legal theory. Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. For instance, we do not exclude liability for death or personal injury caused by our proven negligence, or liability for our fraud or fraudulent misrepresentation. Also, any specific rights or remedies you have under consumer protection laws (like the CGA in NZ) are not overridden. If a court finds that certain liabilities cannot be excluded or capped as above, then those liabilities are not excluded, but everything else remains in effect. Multiple Claims: The existence of multiple claims or suits will not enlarge or extend the cap on liability. The cap is a total aggregate limit. Reliance on Information: You acknowledge that you have not relied on any representation, warranty, or statement other than those expressly set out in these Terms. Aotea Energy will not be liable for any statements or representations made by resellers, installers, or other third parties, unless and only to the extent required by law. This limitation-of-liability section is a critical part of our agreement. It allocates the risks between us (Aotea is a startup providing innovative services, and we price and offer the Services in reliance on these limitations). By using the Services, you agree that these limitations are reasonable.
Indemnification
You agree to indemnify, defend, and hold harmless Aotea Energy and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) that arise out of or relate to: (a) your use of the Services in violation of these Terms or applicable law, (b) your breach of any provision of these Terms, or (c) any violation of law or third-party rights by you in connection with your use of the Services. For example, if you use the hardware in a way that causes a fire or injury due to not following guidelines, and a third party (like a neighbor) sues Aotea Energy for that damage, you would be responsible for covering Aotea’s costs and any liability (since that misuse was outside our control). Similarly, if you violate someone else’s rights using our Service (perhaps by sharing data you weren’t allowed to), and they bring a claim against us, you’ll indemnify us for that. We will: (i) promptly notify you of any such claim (provided, however, that failure to promptly notify you will only affect your obligations to the extent that our delay prejudiced your ability to defend the claim), (ii) permit you to control the defense and settlement of such claim, and (iii) reasonably cooperate with you in the defense. You may not settle a claim in a manner that admits fault on Aotea’s part or imposes obligations on Aotea without our prior written consent (which will not be unreasonably withheld). Aotea reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which case your obligation to cooperate with us will continue). This indemnification obligation will survive termination of your account or these Terms
Termination
By You:
You can stop using our Services at any time. If you wish to delete your account, you may do so through the app (if feature provided) or by contacting support. Termination of your account will not immediately delete data that we are obliged to retain (see Privacy Policy for data handling on termination), but your personal access will cease.
By Us:
We may suspend or terminate your access to the Services (in whole or part) immediately, without prior notice, if you violate these Terms or if we reasonably suspect that you have violated these Terms or are using the Services in a manner that could cause us legal liability or disrupt others’ use. For example, if we find you are attempting to hack our system or are misusing the hardware dangerously, we may cut off your access. In less severe cases, we will provide notice of the breach and an opportunity to cure (if curable) before termination. Additionally, we may terminate the Services or your account for convenience with at least 30 days’ notice (for example, if we decide to discontinue the Service in your region), but this is rare.
Effect of Termination:
Upon termination of your account, your right to use the Services will immediately cease. You must cease all use of any licensed software (and uninstall or delete copies of the app if requested). Any accrued obligations or rights up to termination remain in effect. For example, any payment obligations, or the sections on intellectual property, disclaimers, limitations of liability, and indemnity will survive. If you had any outstanding transactions or balances (like fees owed, if applicable), those are still due. If we terminate your account due to a breach of Terms, we are not obligated to refund any fees you may have paid (if any). If we terminate for convenience (not due to your breach), and you have paid for a future service period, we may provide a pro-rata refund for the remaining period. Termination does not relieve either party from liability arising prior to termination. If you have caused damages or owe indemnification, those obligations survive.
Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with them or the Services will be governed by the laws of New Zealand, without regard to its conflict of law principles. This means that the interpretation and enforcement of these Terms will be according to New Zealand law. If you are a consumer and live in another country, you might have certain consumer protection rights under the laws of that country. Nothing in this section seeks to override those rights. However, to the extent permissible, New Zealand law will apply. Jurisdiction: You agree that any dispute or claim arising out of or related to the Services or these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand. Specifically, the courts located in Auckland, New Zealand (unless another city is specified by us) will have jurisdiction. You and Aotea Energy consent to personal jurisdiction in those courts. (If you are a consumer in NZ, you may have access to the Disputes Tribunal or other avenues for small disputes; this section doesn’t prevent you from using those if applicable.) Dispute Resolution: We genuinely hope to resolve any issues with you amicably. Before filing a lawsuit, please consider reaching out to us at legal@aoteaenergy.com to discuss the dispute. We will do our best to address your concerns. Sometimes a quick chat can avoid a formal dispute. If we cannot resolve through negotiation, you and we agree to submit to the courts as stated. We do not currently require arbitration or mediation, but we remain open to alternative dispute resolution methods if both parties agree.
Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any other policies or addendums referenced herein, constitute the entire agreement between you and Aotea Energy regarding the use of the Services. They supersede any prior agreements or communications (whether oral or written) between you and us relating to the subject matter. Any additional or different terms you propose (for example, in a purchase order or email) are rejected unless agreed in writing by an authorized representative of Aotea. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. In other words, the invalid part can be removed or adjusted, but the rest of the Terms still apply. No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. For example, if you miss a payment and we don’t immediately act, we still reserve the right to collect later or enforce the term in the future. Any waiver must be in writing and signed by us to be effective. Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. We may assign these Terms or any rights hereunder without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. No Third-Party Beneficiaries: These Terms are for the benefit of you and Aotea Energy. They are not intended to confer any rights or benefits on any third party (except permitted successors/assignees), and no third party may assert any rights as a third-party beneficiary, except as follows: if you downloaded the app from Apple’s App Store, Apple and its subsidiaries are third-party beneficiaries to these Terms for purposes of the license to the app, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as it pertains to the app. Force Majeure: Aotea Energy will not be liable for any failure or delay in performance of its obligations (excluding payment obligations) if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, war, terrorism, civil unrest, strikes, labor disputes, fires, power or network outages, embargoes, or government actions. Notices: We may provide you with notices, including those regarding changes to these Terms or other matters, by email to the address associated with your account, by regular mail, or by postings within the app or on our website. Notices sent by email will be deemed received when sent, unless we receive a bounce-back indicating the email was not delivered. It is your responsibility to keep your email address current. If you need to give us notice, please do so by email to support@aoteaenergy.com or via our official mailing address (provided in the Privacy Policy contact info), unless a specific notice address is provided for legal notices.
CONTACT
If you have any questions about these Terms, or need to contact us for any reason relating to the Services, please reach out to:
Aotea Energy – Support Team Email: support@aoteaenergy.com
Address: 23 Westhaven Drive 1010 Auckland CBD
We appreciate you as a user of Aotea Energy.
Thank you for reading these Terms carefully.
By ensuring both you and we understand our commitments, we can focus on what really matters – revolutionizing battery technology and empowering you with reliable energy.
Let's build a sustainable energy future together!
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TERMS & CONDITIONS
May 5 2025
Te Uira ō Te Ringa Ltd t/a Aotea Energy
23 Westhaven Drive, 1010, Auckland CBD
Welcome to Aotea Energy. These Terms and Conditions ("Terms") govern your access to and use of Aotea Energy’s services, including our mobile application, IoT battery hardware and related firmware, website, and any other products or services we offer (collectively, the "Services"). By using the Services (for example, by installing our app, using our website, or connecting your Aotea battery device), you agree to be bound by these Terms, as well as our Privacy Policy (which explains how we handle your personal data). If you do not agree with these Terms, please do not use the Services. In these Terms, "Aotea Energy", "we", or "us" refers to Aotea Energy (a company registered in New Zealand), and "you" or "user" refers to the person or entity using the Services. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to that entity. Please read these Terms carefully. They contain important information about your rights and responsibilities, as well as limitations and exclusions that may apply to you. We have tried to write these Terms in clear language for ease of understanding. If you have any questions, feel free to contact us at support@aoteaenergy.com. Important: These Terms include limitations of liability and disclaimers of warranties in “Disclaimers and Limitations of Liability” section. They also contain a clause stating that the Service is not intended for minors under 18 (see Eligibility section) and other important usage guidelines. We may update these Terms from time to time. If we make changes, we will notify you by updating the date at the top and, in case of significant changes, by additional means (such as a notice on our website or an in-app notification). Your continued use of the Services after any update signifies your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Services.
Accounts and Eligibility
Age Requirement: You must be at least 18 years old to create an account or use our Services. The Services are intended for adults; they are not for minors or children. By registering an account or using the Services, you represent and warrant that you are 18 years of age or older. If you are under 18, do not use the Services. (In the future, we may allow younger users with parental consent if we launch such features, but unless and until that happens and the Terms are updated, minors may not use the Service.) Account Creation: Some parts of our Services (such as monitoring your battery system via the app) require you to create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted (such as your name and a valid email address). You also agree to update this information if it changes, so that we have correct information on file. Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Please use a strong, unique password and keep it secure. Do not share your password or account access with others. You are liable for all activities that occur under your account (except those activities that Aotea solely controls). If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We encourage you to use any available security features (like two-factor authentication) we might offer to further protect your account. One Account Per User: Unless otherwise permitted by us, you should create only one account for yourself. Creating multiple accounts or false identities is not allowed. Similarly, you should not use someone else’s account or let someone else use your account (except in compliance with a feature we provide, such as a family/household account feature if offered). Eligibility of Entities: If you are an organization or business, the individual accepting these Terms on your behalf must have the authority to do so and to bind you. You are responsible for ensuring your users or personnel who access the Services on your behalf comply with these Terms. We reserve the right to refuse registration of an account or cancel accounts that violate these Terms. If you violate the account rules (for example, provide false information, or we discover you are under 18), we may suspend or terminate your account.
USE OF SERVICE
License Grant: Subject to these Terms, Aotea Energy grants you a limited, non-exclusive, non-transferable, revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Aotea, in the manner permitted by these Terms. This means you can install and run our mobile app on your devices, use our IoT hardware in accordance with provided documentation, and access our website for your personal (or internal business) use. You may not resell or redistribute our app or software, and you may not use the Services for any unlawful or unauthorized purpose. Permitted Uses: You agree to use the Services only for their intended purpose of managing your Aotea Energy battery system and related energy services. For example, you may use the app to monitor your battery’s performance, adjust settings, view energy usage, and engage in any energy transactions or programs explicitly supported by Aotea (like selling surplus energy if that feature is provided). If we provide any APIs or data export features, your use of them must comply with any documentation and limits we set. Prohibited Uses: You agree not to misuse the Services. In particular, you will not:
— Reverse Engineer or Tamper: You will not disassemble, decompile, or reverse engineer any software or firmware provided as part of the Services, nor attempt to derive the source code or underlying ideas from the binary components, except to the extent allowed by law (and if so, with prior notice to us). You will not bypass or attempt to circumvent any security measures or access restrictions related to the Services or hardware.
— Unauthorized Access: You will not attempt to gain unauthorized access to any part of the Services (including other users’ accounts, our servers, or connected systems). This means no hacking, probing, or scanning of our networks or devices except as legally permitted (e.g., security testing with our consent).
— Interference: You will not interfere with or disrupt the integrity or performance of the Services or the data contained therein. This includes not distributing viruses, malware, or any other harmful code through the app or towards the IoT hardware. You also agree not to exploit the system in a way that imposes an unreasonable load (e.g., by rapidly pinging servers or spamming requests) outside of normal use.
— Illegal or Harmful Activities: You will not use the Services for any illegal purpose or in violation of any local, national, or international law or regulation. You will not use the Services to conduct or promote any activity that is harmful, fraudulent, deceptive, or invasive of another’s privacy or rights. For example, you must not use our Services in connection with any energy theft, grid interference, or other unlawful energy-related activities.
— No Improper Content: While our app is mainly for system data (not user-generated content), if you are able to input or communicate any content (for example, a profile name, or if a future feature allows community sharing), you agree not to post or transmit anything that is obscene, defamatory, abusive, harassing, infringing, or otherwise objectionable or that violates any third-party rights. Any content you do provide must be truthful and your own (or you have permission to use it).
— Respect for Others’ Data: If you somehow have access to information about other users (e.g., in a peer-to-peer trading scenario or a community forum), you must only use that information in ways allowed by those users and by law. You may not harvest or collect others’ personal information without consent.
— No Competitive Use: You will not use the Services to build a competing product or service, or copy any features, functions, or graphics for competitive purposes. Similarly, using the Services for benchmarking or competitor analysis is prohibited, except as allowed under fair use or with our written permission.
If you are unsure whether something is allowed, please ask us. We reserve the right to investigate any suspected misuse of the Services. Violations of this Use of the Services section may result in immediate suspension or termination of your account and access, and may also subject you to legal consequences.
IoT Hardware and Safety
Aotea Energy provides IoT battery hardware that works in tandem with our software. By using our hardware devices (or integrating them into your electrical system), you agree to the following additional terms
regarding hardware use:
— Installation by Qualified Professionals: The Aotea battery system and any related electrical equipment must be installed and configured according to our instructions and any applicable laws or standards. We strongly recommend installation by a licensed electrician or an Aotea Energy authorized installer. Incorrect or inappropriate installation can be dangerous (risking electric shock, fire, or damage to the device or your property) and may void your warranty. Aotea Energy accepts no responsibility or liability for any damage or loss caused by incorrect or inappropriate installation of the hardware or any external components. Always follow the user manual and safety guidelines provided with the device.
— Safe Operation: You are responsible for using the hardware safely. This includes maintaining appropriate environmental conditions (e.g., not exposing the battery to extreme temperatures or water unless it’s rated for such conditions), ensuring proper ventilation if required, and not overloading the system beyond its specifications. Do not attempt to modify the hardware (e.g., opening enclosures, altering circuitry) except as instructed by us. Use only approved accessories and replacements (for example, if a certain type of cable or fuse is required, use that). If you notice any malfunction (such as unusual heat, smoke, leaking fluids, etc.), you should disconnect the system if it’s safe to do so and contact us immediately.
— Firmware Updates: From time to time, we may provide firmware updates for the IoT hardware to improve functionality or security. We will notify you through the app or other means when critical updates are available. It is your responsibility to allow these updates to install. They are designed to enhance safety and performance. Failure to install updates may increase security risks or cause parts of the Services to not function properly. By using the hardware, you consent to automatic firmware updates by us (with notice) if your device is connected to the internet, unless you’ve explicitly opted out in device settings (if that option is provided). We will ensure such updates are properly tested, but as with any software, there is a small risk an update could fail or cause unforeseen issues; we will support you in resolving any update-related issues.
— Not for Critical Safety Uses: The Aotea Energy system is intended for home and commercial energy management. It is not designed or certified for use in absolutely critical environments where failure could lead to death or serious injury (e.g., life-support systems, critical medical devices, nuclear facilities, or aircraft navigation). While we strive for high reliability, you acknowledge that the battery system and app have not been designed for fail-safe performance in hazardous situations. The Services are not intended for use in hazardous environments requiring fail-safe performance (such as in the operation of medical life support or other critical infrastructure). If you choose to use the system as a backup power source for critical needs, you assume all risk for that use. We strongly advise having redundant backup systems and not relying solely on our product for critical power without proper contingency plans.
— Data and Recommendations: Any data, insights, or recommendations provided through the app or hardware (for example, an alert about battery health, or a suggestion to charge/discharge at certain times) are for informational purposes. While we aim for accuracy, this information may not always reflect real-time conditions or guarantees. Sensors can sometimes fail or report incorrect values; network delays might mean data is outdated. You should not base decisions that could result in risk (personal, financial, or otherwise) solely on information from the Service. For instance, if the app does not report an issue, but you observe something wrong with the battery (strange noises, etc.), do not ignore the real-world signs. Likewise, any cost savings or performance estimates we provide are estimates and not a promise or warranty of actual results.
— Compliance with Laws: You are responsible for complying with all local regulations when using our hardware. This includes any electrical codes, grid connection rules, or energy trading regulations. If you feed energy back to the grid or engage in peer-to-peer energy trading via our Service, ensure you have any required permissions from your utility or authorities. We facilitate connections and data, but we are not responsible for securing permits on your behalf (unless otherwise arranged in a separate contract).
— Hardware Warranty: These Terms are separate from any hardware warranty that came with your Aotea Energy device. We may provide a limited warranty for the hardware in a separate document (for example, a one-year manufacturer’s warranty for defects). That warranty, if provided, details your remedies for defective hardware. Nothing in these Terms shall override the explicit terms of such hardware warranty. However, aside from what is promised in that warranty (or required by law), the hardware is provided “as is” (see Disclaimers below). Make sure to register your product if required for warranty service, and retain proof of purchase.
By using the hardware and Services, you agree to operate the system in accordance with all documentation and these Terms. If you rent or transfer the equipment to someone else, it is your responsibility to ensure they agree to and are aware of proper usage guidelines (and ideally have them register their own account with us).
INTELLECTUAL PROPERTY
Ownership:
Aotea Energy (and/or our licensors) retain all right, title, and interest in and to the Services, including all software, code, technology, content, logos, trademarks, and documentation. The Services are protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not transfer any ownership of our intellectual property to you. Rather, we only give you the limited rights to use the Services as described above. All trademarks, logos, and service marks displayed in the Services (e.g., “Aotea Energy” name and logo) are our property (or that of our partners). You are not granted any license to use these marks without our prior written permission. User Content: Our Services generally revolve around system data rather than user-generated content. However, if you submit any content to us (for example, feedback, suggestions, or if in the future you can post on a user forum or share settings templates with others), you retain ownership of that content. By submitting any content or feedback, you grant Aotea Energy a worldwide, royalty-free, sublicensable license to use, copy, modify, distribute, and display that content solely for the purpose of operating, improving, or promoting the Services. For example, if you send us a suggestion, we can use it without compensating you. If you share a testimonial or project details with us with permission to use, we may publish it. We will not, however, use your personal content for marketing without your consent. You promise that you have all necessary rights to any content you submit and that it does not infringe any third-party rights. Restrictions: You will not copy, distribute, or create derivative works based on our app or website or any part of the Services, unless we have given you explicit written permission (or as allowed by an open-source license in the case of any components that are open source). If you download our mobile app from an app store (Apple App Store, Google Play, etc.), you must comply with that store’s terms of service. Those third-party marketplaces may have rights to enforce their terms against you in relation to your use of the app. Third-Party Materials: The Services may include or integrate third-party libraries or APIs (for example, open source software, or Google Maps for showing location). Each of those components may be subject to separate license terms, which we will make available to you as required. Using our Services, you agree to comply with such third-party licenses if they apply (for example, respecting the Google Maps terms if using a map feature). We are not responsible for third-party materials that we don’t control. Any rights not expressly granted to you in these Terms are reserved by Aotea Energy
Privacy and Data
Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy (available above or on our website). By using the Services, you acknowledge that you have read and understood the Privacy Policy. In summary, we collect certain data (like account info and battery telemetry) to provide the Services and improve them, and we protect that data as described in the Privacy Policy. We do not share your personal data with unauthorized parties, as per our Privacy Policy. If you have a data request or concern, please refer to the Privacy Policy’s contact section. Also, note that by using the IoT features, certain data will be transmitted (e.g., your battery’s performance data) and stored by us. You consent to our processing of that data as necessary to provide the Service.
Privacy and Data
Aotea Energy is continually improving its Services. You agree that the software (including the mobile app and device firmware) may update automatically on your device once a new version or feature is available, subject to your device settings. These updates are intended to enhance security or add/modify features. We will try to notify you (through release notes or notifications) about significant changes. We strive to keep the Services up and running smoothly. However, availability is not guaranteed. The Services may occasionally be down for maintenance, repairs, upgrades, or due to network or equipment failures. We will attempt to schedule maintenance during low-usage times and inform you in advance if it’s a major outage. But we cannot guarantee that the Services will be uninterrupted or error-free at all times. Factors outside our control (like internet outages, power failures, or third-party service issues) may also affect the Service. You acknowledge that the Service may occasionally be interrupted, delayed, or have errors, and that data (including telemetry data or notifications) may not always be delivered in real-time. Trace and history will typically catch up when connectivity is restored. We are not responsible for any issues arising from the unavailability of the Services or any feature, to the extent such unavailability is outside our reasonable control or was necessary for maintenance. We do not guarantee that any particular feature or content will always be available. We may change or discontinue certain features (for example, if a third-party API we rely on is deprecated, or if we decide to replace a feature with something better). If we discontinue a core feature, we’ll do our best to let you know and perhaps offer alternatives.
Third-Party Services and Links
The Services might include links or integrations to third-party services not operated by Aotea Energy. For example, our app might link to a knowledge base on another domain, or allow you to export data to a third-party platform, or facilitate connecting with your utility’s demand response program which uses an external service. Third-Party Links: Any link to a third-party website or service is provided for convenience only. We do not endorse or have control over those external sites. If you visit a third-party link, you do so at your own risk, and your use will be governed by that third party’s terms and privacy policy. Aotea Energy is not responsible for content, products, or services on third-party sites. Integrations: If we integrate a third-party service as part of our features (for example, Google Maps for location or a payment processor for handling transactions), there may be additional terms from that provider that apply. For instance, using a map feature might bind you to Google’s Maps terms of service. We will make you aware of any such terms within the app or documentation. While we aim to ensure these integrations work correctly, we cannot guarantee the third-party service’s performance. Thus, we are not liable for errors or downtime caused by third-party services. (For example, if Google Analytics or our cloud provider experiences an outage or bug, that is beyond our control, and we aren’t responsible for resulting issues.) If you grant a third-party service (e.g., a smart home platform) access to your Aotea Energy data, note that we are not responsible for what that third party does with your data. Be sure you trust any service you connect to
Disclaimers of Warranties
As-Is Basis: The Services (including our mobile app, website, IoT hardware, and all content and software) are provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, Aotea Energy disclaims all warranties, express or implied, in relation to the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This means we do not make promises that the Services will meet your specific needs, or that they will function without interruption or errors. No Guarantee of Perfection: We strive to provide a high-quality product, but we do not guarantee that the Services will be error-free, completely secure, or operate uninterrupted at all times. For example, we do not warrant that: (a) the data you see in the app will always be up-to-the-minute accurate or free of anomalies, (b) any estimates or analytics we provide (such as energy savings projections) will come to fruition exactly as predicted, (c) the software or firmware is free of bugs, or (d) the communication between the IoT device and the cloud will never experience latency or drop data. You acknowledge that occasional downtime, bugs, or inaccuracies are inherent risks in any complex technical service.
Specific Disclaimed Warranties: Without limiting the generality of the above, we specifically do not warrant that:
— The battery hardware will always operate without faults or degradation. (It’s covered by any express warranty you received at purchase, but beyond that, we make no further implied guarantees of performance or longevity in these Terms.)
— The Services will prevent all issues – for instance, using our app to monitor your battery does not guarantee prevention of battery malfunctions or grid outages.
— The security measures employed (encryption, mTLS, etc.) will render the Services completely invulnerable to unauthorized access. While we take strong measures, no system is perfectly secure.
— Any data loss will be avoided. It’s unlikely, but data could be lost due to unforeseen issues. We encourage you to keep any critical information (like transaction records if needed) separately if it’s important.
—Third-Party Services (like cloud providers, analytics, or integrations) will function without interruption. We disclaim liability for their downtime or errors.
User’s Responsibility: You understand that the success of using our Services also depends on factors outside our control, such as your proper installation and maintenance of the hardware, using updated software, having a stable internet connection, etc. Any advice or information (technical support, etc.) that you obtain from Aotea Energy outside of these Terms does not create any warranty that is not expressly stated in these Terms. Consumer Rights: If you are a consumer (not a business user) in New Zealand, you may have rights under the Consumer Guarantees Act 1993 (CGA) and other laws that cannot be excluded or limited. For example, services must be carried out with reasonable care and skill, and goods must be of acceptable quality. Nothing in these Terms is intended to exclude, restrict, or modify any rights you have under the CGA or other consumer laws that cannot be lawfully excluded. If you are acquiring our Services for the purposes of a business, you agree that the CGA does not apply (to the extent permitted by law). In summary, while we provide the above disclaimers to inform you of potential issues, you might have remedies under consumer law if our product fails to meet mandatory guarantees. Beta Features: If we label any part of the Services as “beta,” “preview,” or “experimental,” those are provided without any warranties whatsoever. They are in testing phase and may be even more likely to have issues. Use beta features at your own risk and we especially appreciate feedback on them, but they might change or be removed.
Limitation of Liability
To the maximum extent permitted by applicable law, Aotea Energy and its affiliates, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the Services. This includes, without limitation, damages for lost profits, lost savings or revenue, loss of data, loss of goodwill, device or property damage, or the cost of procuring substitute services, even if we have been advised of the possibility of such damages. In other words, if things go wrong, we are not responsible for losses that were not directly caused by our breach or that we could not reasonably foresee.
Some examples of damages or losses that we are not liable for under this limitation include:
— Losses incurred because the Services were unavailable or malfunctioning (e.g., you couldn’t sell energy at a peak time due to an app outage, or you had to buy grid electricity because the battery didn’t charge as expected).
— Any harm to your home or appliances that results from misuse of the battery hardware or from following data that turned out to be inaccurate. (Always use prudent judgment – the Service’s info is a tool, not a guarantee.)
— Financial losses or penalties from third parties – for instance, if an automated setting fails and you draw more power from the grid than planned, leading to a high bill or a missed savings opportunity, or if a transaction facilitated by our system doesn’t go through and you miss a payment (we aren’t a bank or utility and can’t guarantee financial transactions).
— Loss or corruption of data – if your usage history or settings get lost due to a bug, we’ll try to recover or fix it, but we won’t be liable for any value you ascribe to that data.
Cap on Liability: To the extent that our liability cannot be entirely disclaimed, and to the extent permitted by law, the total aggregate liability of Aotea Energy for any claims arising out of or related to these Services or Terms shall be limited to the amount you paid Aotea (if any) for the Services in the 12 months immediately preceding the event giving rise to the claim, or NZD $100, whichever is greater. If, for example, you have a subscription service and paid $50 in the last year, our total liability would be capped at $100 (the greater amount). If you paid nothing (perhaps the app is free and you only bought hardware from a reseller), our maximum liability to you for all claims combined would be $100. This limitation applies whether the claims are based on warranty, contract, tort (including negligence), or any other legal theory. Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. For instance, we do not exclude liability for death or personal injury caused by our proven negligence, or liability for our fraud or fraudulent misrepresentation. Also, any specific rights or remedies you have under consumer protection laws (like the CGA in NZ) are not overridden. If a court finds that certain liabilities cannot be excluded or capped as above, then those liabilities are not excluded, but everything else remains in effect. Multiple Claims: The existence of multiple claims or suits will not enlarge or extend the cap on liability. The cap is a total aggregate limit. Reliance on Information: You acknowledge that you have not relied on any representation, warranty, or statement other than those expressly set out in these Terms. Aotea Energy will not be liable for any statements or representations made by resellers, installers, or other third parties, unless and only to the extent required by law. This limitation-of-liability section is a critical part of our agreement. It allocates the risks between us (Aotea is a startup providing innovative services, and we price and offer the Services in reliance on these limitations). By using the Services, you agree that these limitations are reasonable.
Indemnification
You agree to indemnify, defend, and hold harmless Aotea Energy and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) that arise out of or relate to: (a) your use of the Services in violation of these Terms or applicable law, (b) your breach of any provision of these Terms, or (c) any violation of law or third-party rights by you in connection with your use of the Services. For example, if you use the hardware in a way that causes a fire or injury due to not following guidelines, and a third party (like a neighbor) sues Aotea Energy for that damage, you would be responsible for covering Aotea’s costs and any liability (since that misuse was outside our control). Similarly, if you violate someone else’s rights using our Service (perhaps by sharing data you weren’t allowed to), and they bring a claim against us, you’ll indemnify us for that. We will: (i) promptly notify you of any such claim (provided, however, that failure to promptly notify you will only affect your obligations to the extent that our delay prejudiced your ability to defend the claim), (ii) permit you to control the defense and settlement of such claim, and (iii) reasonably cooperate with you in the defense. You may not settle a claim in a manner that admits fault on Aotea’s part or imposes obligations on Aotea without our prior written consent (which will not be unreasonably withheld). Aotea reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which case your obligation to cooperate with us will continue). This indemnification obligation will survive termination of your account or these Terms
Termination
By You:
You can stop using our Services at any time. If you wish to delete your account, you may do so through the app (if feature provided) or by contacting support. Termination of your account will not immediately delete data that we are obliged to retain (see Privacy Policy for data handling on termination), but your personal access will cease.
By Us:
We may suspend or terminate your access to the Services (in whole or part) immediately, without prior notice, if you violate these Terms or if we reasonably suspect that you have violated these Terms or are using the Services in a manner that could cause us legal liability or disrupt others’ use. For example, if we find you are attempting to hack our system or are misusing the hardware dangerously, we may cut off your access. In less severe cases, we will provide notice of the breach and an opportunity to cure (if curable) before termination. Additionally, we may terminate the Services or your account for convenience with at least 30 days’ notice (for example, if we decide to discontinue the Service in your region), but this is rare.
Effect of Termination:
Upon termination of your account, your right to use the Services will immediately cease. You must cease all use of any licensed software (and uninstall or delete copies of the app if requested). Any accrued obligations or rights up to termination remain in effect. For example, any payment obligations, or the sections on intellectual property, disclaimers, limitations of liability, and indemnity will survive. If you had any outstanding transactions or balances (like fees owed, if applicable), those are still due. If we terminate your account due to a breach of Terms, we are not obligated to refund any fees you may have paid (if any). If we terminate for convenience (not due to your breach), and you have paid for a future service period, we may provide a pro-rata refund for the remaining period. Termination does not relieve either party from liability arising prior to termination. If you have caused damages or owe indemnification, those obligations survive.
Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with them or the Services will be governed by the laws of New Zealand, without regard to its conflict of law principles. This means that the interpretation and enforcement of these Terms will be according to New Zealand law. If you are a consumer and live in another country, you might have certain consumer protection rights under the laws of that country. Nothing in this section seeks to override those rights. However, to the extent permissible, New Zealand law will apply. Jurisdiction: You agree that any dispute or claim arising out of or related to the Services or these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand. Specifically, the courts located in Auckland, New Zealand (unless another city is specified by us) will have jurisdiction. You and Aotea Energy consent to personal jurisdiction in those courts. (If you are a consumer in NZ, you may have access to the Disputes Tribunal or other avenues for small disputes; this section doesn’t prevent you from using those if applicable.) Dispute Resolution: We genuinely hope to resolve any issues with you amicably. Before filing a lawsuit, please consider reaching out to us at legal@aoteaenergy.com to discuss the dispute. We will do our best to address your concerns. Sometimes a quick chat can avoid a formal dispute. If we cannot resolve through negotiation, you and we agree to submit to the courts as stated. We do not currently require arbitration or mediation, but we remain open to alternative dispute resolution methods if both parties agree.
Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any other policies or addendums referenced herein, constitute the entire agreement between you and Aotea Energy regarding the use of the Services. They supersede any prior agreements or communications (whether oral or written) between you and us relating to the subject matter. Any additional or different terms you propose (for example, in a purchase order or email) are rejected unless agreed in writing by an authorized representative of Aotea. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. In other words, the invalid part can be removed or adjusted, but the rest of the Terms still apply. No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. For example, if you miss a payment and we don’t immediately act, we still reserve the right to collect later or enforce the term in the future. Any waiver must be in writing and signed by us to be effective. Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. We may assign these Terms or any rights hereunder without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. No Third-Party Beneficiaries: These Terms are for the benefit of you and Aotea Energy. They are not intended to confer any rights or benefits on any third party (except permitted successors/assignees), and no third party may assert any rights as a third-party beneficiary, except as follows: if you downloaded the app from Apple’s App Store, Apple and its subsidiaries are third-party beneficiaries to these Terms for purposes of the license to the app, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as it pertains to the app. Force Majeure: Aotea Energy will not be liable for any failure or delay in performance of its obligations (excluding payment obligations) if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, war, terrorism, civil unrest, strikes, labor disputes, fires, power or network outages, embargoes, or government actions. Notices: We may provide you with notices, including those regarding changes to these Terms or other matters, by email to the address associated with your account, by regular mail, or by postings within the app or on our website. Notices sent by email will be deemed received when sent, unless we receive a bounce-back indicating the email was not delivered. It is your responsibility to keep your email address current. If you need to give us notice, please do so by email to support@aoteaenergy.com or via our official mailing address (provided in the Privacy Policy contact info), unless a specific notice address is provided for legal notices.
CONTACT
If you have any questions about these Terms, or need to contact us for any reason relating to the Services, please reach out to:
Aotea Energy – Support Team Email: support@aoteaenergy.com
Address: 23 Westhaven Drive 1010 Auckland CBD
We appreciate you as a user of Aotea Energy.
Thank you for reading these Terms carefully.
By ensuring both you and we understand our commitments, we can focus on what really matters – revolutionizing battery technology and
empowering you with reliable energy.
Let's build a sustainable energy future together.
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TERMS & CONDITIONS
May 5 2025
Te Uira ō Te Ringa Ltd t/a Aotea Energy
23 Westhaven Drive, 1010, Auckland CBD
Welcome to Aotea Energy. These Terms and Conditions ("Terms") govern your access to and use of Aotea Energy’s services, including our mobile application, IoT battery hardware and related firmware, website, and any other products or services we offer (collectively, the "Services"). By using the Services (for example, by installing our app, using our website, or connecting your Aotea battery device), you agree to be bound by these Terms, as well as our Privacy Policy (which explains how we handle your personal data). If you do not agree with these Terms, please do not use the Services. In these Terms, "Aotea Energy", "we", or "us" refers to Aotea Energy (a company registered in New Zealand), and "you" or "user" refers to the person or entity using the Services. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to that entity. Please read these Terms carefully. They contain important information about your rights and responsibilities, as well as limitations and exclusions that may apply to you. We have tried to write these Terms in clear language for ease of understanding. If you have any questions, feel free to contact us at support@aoteaenergy.com. Important: These Terms include limitations of liability and disclaimers of warranties in “Disclaimers and Limitations of Liability” section. They also contain a clause stating that the Service is not intended for minors under 18 (see Eligibility section) and other important usage guidelines. We may update these Terms from time to time. If we make changes, we will notify you by updating the date at the top and, in case of significant changes, by additional means (such as a notice on our website or an in-app notification). Your continued use of the Services after any update signifies your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Services.
Accounts and Eligibility
Age Requirement: You must be at least 18 years old to create an account or use our Services. The Services are intended for adults; they are not for minors or children. By registering an account or using the Services, you represent and warrant that you are 18 years of age or older. If you are under 18, do not use the Services. (In the future, we may allow younger users with parental consent if we launch such features, but unless and until that happens and the Terms are updated, minors may not use the Service.) Account Creation: Some parts of our Services (such as monitoring your battery system via the app) require you to create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted (such as your name and a valid email address). You also agree to update this information if it changes, so that we have correct information on file. Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Please use a strong, unique password and keep it secure. Do not share your password or account access with others. You are liable for all activities that occur under your account (except those activities that Aotea solely controls). If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We encourage you to use any available security features (like two-factor authentication) we might offer to further protect your account. One Account Per User: Unless otherwise permitted by us, you should create only one account for yourself. Creating multiple accounts or false identities is not allowed. Similarly, you should not use someone else’s account or let someone else use your account (except in compliance with a feature we provide, such as a family/household account feature if offered). Eligibility of Entities: If you are an organization or business, the individual accepting these Terms on your behalf must have the authority to do so and to bind you. You are responsible for ensuring your users or personnel who access the Services on your behalf comply with these Terms. We reserve the right to refuse registration of an account or cancel accounts that violate these Terms. If you violate the account rules (for example, provide false information, or we discover you are under 18), we may suspend or terminate your account.
USE OF SERVICE
License Grant: Subject to these Terms, Aotea Energy grants you a limited, non-exclusive, non-transferable, revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Aotea, in the manner permitted by these Terms. This means you can install and run our mobile app on your devices, use our IoT hardware in accordance with provided documentation, and access our website for your personal (or internal business) use. You may not resell or redistribute our app or software, and you may not use the Services for any unlawful or unauthorized purpose. Permitted Uses: You agree to use the Services only for their intended purpose of managing your Aotea Energy battery system and related energy services. For example, you may use the app to monitor your battery’s performance, adjust settings, view energy usage, and engage in any energy transactions or programs explicitly supported by Aotea (like selling surplus energy if that feature is provided). If we provide any APIs or data export features, your use of them must comply with any documentation and limits we set. Prohibited Uses: You agree not to misuse the Services. In particular, you will not:
— Reverse Engineer or Tamper: You will not disassemble, decompile, or reverse engineer any software or firmware provided as part of the Services, nor attempt to derive the source code or underlying ideas from the binary components, except to the extent allowed by law (and if so, with prior notice to us). You will not bypass or attempt to circumvent any security measures or access restrictions related to the Services or hardware.
— Unauthorized Access: You will not attempt to gain unauthorized access to any part of the Services (including other users’ accounts, our servers, or connected systems). This means no hacking, probing, or scanning of our networks or devices except as legally permitted (e.g., security testing with our consent).
— Interference: You will not interfere with or disrupt the integrity or performance of the Services or the data contained therein. This includes not distributing viruses, malware, or any other harmful code through the app or towards the IoT hardware. You also agree not to exploit the system in a way that imposes an unreasonable load (e.g., by rapidly pinging servers or spamming requests) outside of normal use.
— Illegal or Harmful Activities: You will not use the Services for any illegal purpose or in violation of any local, national, or international law or regulation. You will not use the Services to conduct or promote any activity that is harmful, fraudulent, deceptive, or invasive of another’s privacy or rights. For example, you must not use our Services in connection with any energy theft, grid interference, or other unlawful energy-related activities.
— No Improper Content: While our app is mainly for system data (not user-generated content), if you are able to input or communicate any content (for example, a profile name, or if a future feature allows community sharing), you agree not to post or transmit anything that is obscene, defamatory, abusive, harassing, infringing, or otherwise objectionable or that violates any third-party rights. Any content you do provide must be truthful and your own (or you have permission to use it).
— Respect for Others’ Data: If you somehow have access to information about other users (e.g., in a peer-to-peer trading scenario or a community forum), you must only use that information in ways allowed by those users and by law. You may not harvest or collect others’ personal information without consent.
— No Competitive Use: You will not use the Services to build a competing product or service, or copy any features, functions, or graphics for competitive purposes. Similarly, using the Services for benchmarking or competitor analysis is prohibited, except as allowed under fair use or with our written permission.
If you are unsure whether something is allowed, please ask us. We reserve the right to investigate any suspected misuse of the Services. Violations of this Use of the Services section may result in immediate suspension or termination of your account and access, and may also subject you to legal consequences.
IoT Hardware and Safety
Aotea Energy provides IoT battery hardware that works in tandem with our software. By using our hardware devices (or integrating them into your electrical system), you agree to the following additional terms
regarding hardware use:
— Installation by Qualified Professionals: The Aotea battery system and any related electrical equipment must be installed and configured according to our instructions and any applicable laws or standards. We strongly recommend installation by a licensed electrician or an Aotea Energy authorized installer. Incorrect or inappropriate installation can be dangerous (risking electric shock, fire, or damage to the device or your property) and may void your warranty. Aotea Energy accepts no responsibility or liability for any damage or loss caused by incorrect or inappropriate installation of the hardware or any external components. Always follow the user manual and safety guidelines provided with the device.
— Safe Operation: You are responsible for using the hardware safely. This includes maintaining appropriate environmental conditions (e.g., not exposing the battery to extreme temperatures or water unless it’s rated for such conditions), ensuring proper ventilation if required, and not overloading the system beyond its specifications. Do not attempt to modify the hardware (e.g., opening enclosures, altering circuitry) except as instructed by us. Use only approved accessories and replacements (for example, if a certain type of cable or fuse is required, use that). If you notice any malfunction (such as unusual heat, smoke, leaking fluids, etc.), you should disconnect the system if it’s safe to do so and contact us immediately.
— Firmware Updates: From time to time, we may provide firmware updates for the IoT hardware to improve functionality or security. We will notify you through the app or other means when critical updates are available. It is your responsibility to allow these updates to install. They are designed to enhance safety and performance. Failure to install updates may increase security risks or cause parts of the Services to not function properly. By using the hardware, you consent to automatic firmware updates by us (with notice) if your device is connected to the internet, unless you’ve explicitly opted out in device settings (if that option is provided). We will ensure such updates are properly tested, but as with any software, there is a small risk an update could fail or cause unforeseen issues; we will support you in resolving any update-related issues.
— Not for Critical Safety Uses: The Aotea Energy system is intended for home and commercial energy management. It is not designed or certified for use in absolutely critical environments where failure could lead to death or serious injury (e.g., life-support systems, critical medical devices, nuclear facilities, or aircraft navigation). While we strive for high reliability, you acknowledge that the battery system and app have not been designed for fail-safe performance in hazardous situations. The Services are not intended for use in hazardous environments requiring fail-safe performance (such as in the operation of medical life support or other critical infrastructure). If you choose to use the system as a backup power source for critical needs, you assume all risk for that use. We strongly advise having redundant backup systems and not relying solely on our product for critical power without proper contingency plans.
— Data and Recommendations: Any data, insights, or recommendations provided through the app or hardware (for example, an alert about battery health, or a suggestion to charge/discharge at certain times) are for informational purposes. While we aim for accuracy, this information may not always reflect real-time conditions or guarantees. Sensors can sometimes fail or report incorrect values; network delays might mean data is outdated. You should not base decisions that could result in risk (personal, financial, or otherwise) solely on information from the Service. For instance, if the app does not report an issue, but you observe something wrong with the battery (strange noises, etc.), do not ignore the real-world signs. Likewise, any cost savings or performance estimates we provide are estimates and not a promise or warranty of actual results.
— Compliance with Laws: You are responsible for complying with all local regulations when using our hardware. This includes any electrical codes, grid connection rules, or energy trading regulations. If you feed energy back to the grid or engage in peer-to-peer energy trading via our Service, ensure you have any required permissions from your utility or authorities. We facilitate connections and data, but we are not responsible for securing permits on your behalf (unless otherwise arranged in a separate contract).
— Hardware Warranty: These Terms are separate from any hardware warranty that came with your Aotea Energy device. We may provide a limited warranty for the hardware in a separate document (for example, a one-year manufacturer’s warranty for defects). That warranty, if provided, details your remedies for defective hardware. Nothing in these Terms shall override the explicit terms of such hardware warranty. However, aside from what is promised in that warranty (or required by law), the hardware is provided “as is” (see Disclaimers below). Make sure to register your product if required for warranty service, and retain proof of purchase.
By using the hardware and Services, you agree to operate the system in accordance with all documentation and these Terms. If you rent or transfer the equipment to someone else, it is your responsibility to ensure they agree to and are aware of proper usage guidelines (and ideally have them register their own account with us).
INTELLECTUAL PROPERTY
Ownership:
Aotea Energy (and/or our licensors) retain all right, title, and interest in and to the Services, including all software, code, technology, content, logos, trademarks, and documentation. The Services are protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not transfer any ownership of our intellectual property to you. Rather, we only give you the limited rights to use the Services as described above. All trademarks, logos, and service marks displayed in the Services (e.g., “Aotea Energy” name and logo) are our property (or that of our partners). You are not granted any license to use these marks without our prior written permission. User Content: Our Services generally revolve around system data rather than user-generated content. However, if you submit any content to us (for example, feedback, suggestions, or if in the future you can post on a user forum or share settings templates with others), you retain ownership of that content. By submitting any content or feedback, you grant Aotea Energy a worldwide, royalty-free, sublicensable license to use, copy, modify, distribute, and display that content solely for the purpose of operating, improving, or promoting the Services. For example, if you send us a suggestion, we can use it without compensating you. If you share a testimonial or project details with us with permission to use, we may publish it. We will not, however, use your personal content for marketing without your consent. You promise that you have all necessary rights to any content you submit and that it does not infringe any third-party rights. Restrictions: You will not copy, distribute, or create derivative works based on our app or website or any part of the Services, unless we have given you explicit written permission (or as allowed by an open-source license in the case of any components that are open source). If you download our mobile app from an app store (Apple App Store, Google Play, etc.), you must comply with that store’s terms of service. Those third-party marketplaces may have rights to enforce their terms against you in relation to your use of the app. Third-Party Materials: The Services may include or integrate third-party libraries or APIs (for example, open source software, or Google Maps for showing location). Each of those components may be subject to separate license terms, which we will make available to you as required. Using our Services, you agree to comply with such third-party licenses if they apply (for example, respecting the Google Maps terms if using a map feature). We are not responsible for third-party materials that we don’t control. Any rights not expressly granted to you in these Terms are reserved by Aotea Energy
Privacy and Data
Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy (available above or on our website). By using the Services, you acknowledge that you have read and understood the Privacy Policy. In summary, we collect certain data (like account info and battery telemetry) to provide the Services and improve them, and we protect that data as described in the Privacy Policy. We do not share your personal data with unauthorized parties, as per our Privacy Policy. If you have a data request or concern, please refer to the Privacy Policy’s contact section. Also, note that by using the IoT features, certain data will be transmitted (e.g., your battery’s performance data) and stored by us. You consent to our processing of that data as necessary to provide the Service.
Privacy and Data
Aotea Energy is continually improving its Services. You agree that the software (including the mobile app and device firmware) may update automatically on your device once a new version or feature is available, subject to your device settings. These updates are intended to enhance security or add/modify features. We will try to notify you (through release notes or notifications) about significant changes. We strive to keep the Services up and running smoothly. However, availability is not guaranteed. The Services may occasionally be down for maintenance, repairs, upgrades, or due to network or equipment failures. We will attempt to schedule maintenance during low-usage times and inform you in advance if it’s a major outage. But we cannot guarantee that the Services will be uninterrupted or error-free at all times. Factors outside our control (like internet outages, power failures, or third-party service issues) may also affect the Service. You acknowledge that the Service may occasionally be interrupted, delayed, or have errors, and that data (including telemetry data or notifications) may not always be delivered in real-time. Trace and history will typically catch up when connectivity is restored. We are not responsible for any issues arising from the unavailability of the Services or any feature, to the extent such unavailability is outside our reasonable control or was necessary for maintenance. We do not guarantee that any particular feature or content will always be available. We may change or discontinue certain features (for example, if a third-party API we rely on is deprecated, or if we decide to replace a feature with something better). If we discontinue a core feature, we’ll do our best to let you know and perhaps offer alternatives.
Third-Party Services and Links
The Services might include links or integrations to third-party services not operated by Aotea Energy. For example, our app might link to a knowledge base on another domain, or allow you to export data to a third-party platform, or facilitate connecting with your utility’s demand response program which uses an external service. Third-Party Links: Any link to a third-party website or service is provided for convenience only. We do not endorse or have control over those external sites. If you visit a third-party link, you do so at your own risk, and your use will be governed by that third party’s terms and privacy policy. Aotea Energy is not responsible for content, products, or services on third-party sites. Integrations: If we integrate a third-party service as part of our features (for example, Google Maps for location or a payment processor for handling transactions), there may be additional terms from that provider that apply. For instance, using a map feature might bind you to Google’s Maps terms of service. We will make you aware of any such terms within the app or documentation. While we aim to ensure these integrations work correctly, we cannot guarantee the third-party service’s performance. Thus, we are not liable for errors or downtime caused by third-party services. (For example, if Google Analytics or our cloud provider experiences an outage or bug, that is beyond our control, and we aren’t responsible for resulting issues.) If you grant a third-party service (e.g., a smart home platform) access to your Aotea Energy data, note that we are not responsible for what that third party does with your data. Be sure you trust any service you connect to
Disclaimers of Warranties
As-Is Basis: The Services (including our mobile app, website, IoT hardware, and all content and software) are provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, Aotea Energy disclaims all warranties, express or implied, in relation to the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This means we do not make promises that the Services will meet your specific needs, or that they will function without interruption or errors. No Guarantee of Perfection: We strive to provide a high-quality product, but we do not guarantee that the Services will be error-free, completely secure, or operate uninterrupted at all times. For example, we do not warrant that: (a) the data you see in the app will always be up-to-the-minute accurate or free of anomalies, (b) any estimates or analytics we provide (such as energy savings projections) will come to fruition exactly as predicted, (c) the software or firmware is free of bugs, or (d) the communication between the IoT device and the cloud will never experience latency or drop data. You acknowledge that occasional downtime, bugs, or inaccuracies are inherent risks in any complex technical service.
Specific Disclaimed Warranties: Without limiting the generality of the above, we specifically do not warrant that:
— The battery hardware will always operate without faults or degradation. (It’s covered by any express warranty you received at purchase, but beyond that, we make no further implied guarantees of performance or longevity in these Terms.)
— The Services will prevent all issues – for instance, using our app to monitor your battery does not guarantee prevention of battery malfunctions or grid outages.
— The security measures employed (encryption, mTLS, etc.) will render the Services completely invulnerable to unauthorized access. While we take strong measures, no system is perfectly secure.
— Any data loss will be avoided. It’s unlikely, but data could be lost due to unforeseen issues. We encourage you to keep any critical information (like transaction records if needed) separately if it’s important.
—Third-Party Services (like cloud providers, analytics, or integrations) will function without interruption. We disclaim liability for their downtime or errors.
User’s Responsibility: You understand that the success of using our Services also depends on factors outside our control, such as your proper installation and maintenance of the hardware, using updated software, having a stable internet connection, etc. Any advice or information (technical support, etc.) that you obtain from Aotea Energy outside of these Terms does not create any warranty that is not expressly stated in these Terms. Consumer Rights: If you are a consumer (not a business user) in New Zealand, you may have rights under the Consumer Guarantees Act 1993 (CGA) and other laws that cannot be excluded or limited. For example, services must be carried out with reasonable care and skill, and goods must be of acceptable quality. Nothing in these Terms is intended to exclude, restrict, or modify any rights you have under the CGA or other consumer laws that cannot be lawfully excluded. If you are acquiring our Services for the purposes of a business, you agree that the CGA does not apply (to the extent permitted by law). In summary, while we provide the above disclaimers to inform you of potential issues, you might have remedies under consumer law if our product fails to meet mandatory guarantees. Beta Features: If we label any part of the Services as “beta,” “preview,” or “experimental,” those are provided without any warranties whatsoever. They are in testing phase and may be even more likely to have issues. Use beta features at your own risk and we especially appreciate feedback on them, but they might change or be removed.
Limitation of Liability
To the maximum extent permitted by applicable law, Aotea Energy and its affiliates, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the Services. This includes, without limitation, damages for lost profits, lost savings or revenue, loss of data, loss of goodwill, device or property damage, or the cost of procuring substitute services, even if we have been advised of the possibility of such damages. In other words, if things go wrong, we are not responsible for losses that were not directly caused by our breach or that we could not reasonably foresee.
Some examples of damages or losses that we are not liable for under this limitation include:
— Losses incurred because the Services were unavailable or malfunctioning (e.g., you couldn’t sell energy at a peak time due to an app outage, or you had to buy grid electricity because the battery didn’t charge as expected).
— Any harm to your home or appliances that results from misuse of the battery hardware or from following data that turned out to be inaccurate. (Always use prudent judgment – the Service’s info is a tool, not a guarantee.)
— Financial losses or penalties from third parties – for instance, if an automated setting fails and you draw more power from the grid than planned, leading to a high bill or a missed savings opportunity, or if a transaction facilitated by our system doesn’t go through and you miss a payment (we aren’t a bank or utility and can’t guarantee financial transactions).
— Loss or corruption of data – if your usage history or settings get lost due to a bug, we’ll try to recover or fix it, but we won’t be liable for any value you ascribe to that data.
Cap on Liability: To the extent that our liability cannot be entirely disclaimed, and to the extent permitted by law, the total aggregate liability of Aotea Energy for any claims arising out of or related to these Services or Terms shall be limited to the amount you paid Aotea (if any) for the Services in the 12 months immediately preceding the event giving rise to the claim, or NZD $100, whichever is greater. If, for example, you have a subscription service and paid $50 in the last year, our total liability would be capped at $100 (the greater amount). If you paid nothing (perhaps the app is free and you only bought hardware from a reseller), our maximum liability to you for all claims combined would be $100. This limitation applies whether the claims are based on warranty, contract, tort (including negligence), or any other legal theory. Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. For instance, we do not exclude liability for death or personal injury caused by our proven negligence, or liability for our fraud or fraudulent misrepresentation. Also, any specific rights or remedies you have under consumer protection laws (like the CGA in NZ) are not overridden. If a court finds that certain liabilities cannot be excluded or capped as above, then those liabilities are not excluded, but everything else remains in effect. Multiple Claims: The existence of multiple claims or suits will not enlarge or extend the cap on liability. The cap is a total aggregate limit. Reliance on Information: You acknowledge that you have not relied on any representation, warranty, or statement other than those expressly set out in these Terms. Aotea Energy will not be liable for any statements or representations made by resellers, installers, or other third parties, unless and only to the extent required by law. This limitation-of-liability section is a critical part of our agreement. It allocates the risks between us (Aotea is a startup providing innovative services, and we price and offer the Services in reliance on these limitations). By using the Services, you agree that these limitations are reasonable.
Indemnification
You agree to indemnify, defend, and hold harmless Aotea Energy and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) that arise out of or relate to: (a) your use of the Services in violation of these Terms or applicable law, (b) your breach of any provision of these Terms, or (c) any violation of law or third-party rights by you in connection with your use of the Services. For example, if you use the hardware in a way that causes a fire or injury due to not following guidelines, and a third party (like a neighbor) sues Aotea Energy for that damage, you would be responsible for covering Aotea’s costs and any liability (since that misuse was outside our control). Similarly, if you violate someone else’s rights using our Service (perhaps by sharing data you weren’t allowed to), and they bring a claim against us, you’ll indemnify us for that. We will: (i) promptly notify you of any such claim (provided, however, that failure to promptly notify you will only affect your obligations to the extent that our delay prejudiced your ability to defend the claim), (ii) permit you to control the defense and settlement of such claim, and (iii) reasonably cooperate with you in the defense. You may not settle a claim in a manner that admits fault on Aotea’s part or imposes obligations on Aotea without our prior written consent (which will not be unreasonably withheld). Aotea reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which case your obligation to cooperate with us will continue). This indemnification obligation will survive termination of your account or these Terms
Termination
By You:
You can stop using our Services at any time. If you wish to delete your account, you may do so through the app (if feature provided) or by contacting support. Termination of your account will not immediately delete data that we are obliged to retain (see Privacy Policy for data handling on termination), but your personal access will cease.
By Us:
We may suspend or terminate your access to the Services (in whole or part) immediately, without prior notice, if you violate these Terms or if we reasonably suspect that you have violated these Terms or are using the Services in a manner that could cause us legal liability or disrupt others’ use. For example, if we find you are attempting to hack our system or are misusing the hardware dangerously, we may cut off your access. In less severe cases, we will provide notice of the breach and an opportunity to cure (if curable) before termination. Additionally, we may terminate the Services or your account for convenience with at least 30 days’ notice (for example, if we decide to discontinue the Service in your region), but this is rare.
Effect of Termination:
Upon termination of your account, your right to use the Services will immediately cease. You must cease all use of any licensed software (and uninstall or delete copies of the app if requested). Any accrued obligations or rights up to termination remain in effect. For example, any payment obligations, or the sections on intellectual property, disclaimers, limitations of liability, and indemnity will survive. If you had any outstanding transactions or balances (like fees owed, if applicable), those are still due. If we terminate your account due to a breach of Terms, we are not obligated to refund any fees you may have paid (if any). If we terminate for convenience (not due to your breach), and you have paid for a future service period, we may provide a pro-rata refund for the remaining period. Termination does not relieve either party from liability arising prior to termination. If you have caused damages or owe indemnification, those obligations survive.
Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with them or the Services will be governed by the laws of New Zealand, without regard to its conflict of law principles. This means that the interpretation and enforcement of these Terms will be according to New Zealand law. If you are a consumer and live in another country, you might have certain consumer protection rights under the laws of that country. Nothing in this section seeks to override those rights. However, to the extent permissible, New Zealand law will apply. Jurisdiction: You agree that any dispute or claim arising out of or related to the Services or these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand. Specifically, the courts located in Auckland, New Zealand (unless another city is specified by us) will have jurisdiction. You and Aotea Energy consent to personal jurisdiction in those courts. (If you are a consumer in NZ, you may have access to the Disputes Tribunal or other avenues for small disputes; this section doesn’t prevent you from using those if applicable.) Dispute Resolution: We genuinely hope to resolve any issues with you amicably. Before filing a lawsuit, please consider reaching out to us at legal@aoteaenergy.com to discuss the dispute. We will do our best to address your concerns. Sometimes a quick chat can avoid a formal dispute. If we cannot resolve through negotiation, you and we agree to submit to the courts as stated. We do not currently require arbitration or mediation, but we remain open to alternative dispute resolution methods if both parties agree.
Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any other policies or addendums referenced herein, constitute the entire agreement between you and Aotea Energy regarding the use of the Services. They supersede any prior agreements or communications (whether oral or written) between you and us relating to the subject matter. Any additional or different terms you propose (for example, in a purchase order or email) are rejected unless agreed in writing by an authorized representative of Aotea. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. In other words, the invalid part can be removed or adjusted, but the rest of the Terms still apply. No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. For example, if you miss a payment and we don’t immediately act, we still reserve the right to collect later or enforce the term in the future. Any waiver must be in writing and signed by us to be effective. Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. We may assign these Terms or any rights hereunder without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. No Third-Party Beneficiaries: These Terms are for the benefit of you and Aotea Energy. They are not intended to confer any rights or benefits on any third party (except permitted successors/assignees), and no third party may assert any rights as a third-party beneficiary, except as follows: if you downloaded the app from Apple’s App Store, Apple and its subsidiaries are third-party beneficiaries to these Terms for purposes of the license to the app, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as it pertains to the app. Force Majeure: Aotea Energy will not be liable for any failure or delay in performance of its obligations (excluding payment obligations) if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, war, terrorism, civil unrest, strikes, labor disputes, fires, power or network outages, embargoes, or government actions. Notices: We may provide you with notices, including those regarding changes to these Terms or other matters, by email to the address associated with your account, by regular mail, or by postings within the app or on our website. Notices sent by email will be deemed received when sent, unless we receive a bounce-back indicating the email was not delivered. It is your responsibility to keep your email address current. If you need to give us notice, please do so by email to support@aoteaenergy.com or via our official mailing address (provided in the Privacy Policy contact info), unless a specific notice address is provided for legal notices.
CONTACT
If you have any questions about these Terms, or need to contact us for any reason relating to the Services, please reach out to:
Aotea Energy – Support Team Email: support@aoteaenergy.com
Address: 23 Westhaven Drive 1010 Auckland CBD
We appreciate you as a user of Aotea Energy.
Thank you for reading these Terms carefully.
By ensuring both you and we understand our commitments, we can focus on what really matters – revolutionizing battery technology and empowering you with reliable energy.
Let's build a sustainable energy future together.
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TERMS & CONDITIONS
May 5 2025
Te Uira ō Te Ringa Ltd t/a Aotea Energy
23 Westhaven Drive, 1010, Auckland CBD
Welcome to Aotea Energy. These Terms and Conditions ("Terms") govern your access to and use of Aotea Energy’s services, including our mobile application, IoT battery hardware and related firmware, website, and any other products or services we offer (collectively, the "Services"). By using the Services (for example, by installing our app, using our website, or connecting your Aotea battery device), you agree to be bound by these Terms, as well as our Privacy Policy (which explains how we handle your personal data). If you do not agree with these Terms, please do not use the Services. In these Terms, "Aotea Energy", "we", or "us" refers to Aotea Energy (a company registered in New Zealand), and "you" or "user" refers to the person or entity using the Services. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to that entity. Please read these Terms carefully. They contain important information about your rights and responsibilities, as well as limitations and exclusions that may apply to you. We have tried to write these Terms in clear language for ease of understanding. If you have any questions, feel free to contact us at support@aoteaenergy.com. Important: These Terms include limitations of liability and disclaimers of warranties in “Disclaimers and Limitations of Liability” section. They also contain a clause stating that the Service is not intended for minors under 18 (see Eligibility section) and other important usage guidelines. We may update these Terms from time to time. If we make changes, we will notify you by updating the date at the top and, in case of significant changes, by additional means (such as a notice on our website or an in-app notification). Your continued use of the Services after any update signifies your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Services.
Accounts and Eligibility
Age Requirement: You must be at least 18 years old to create an account or use our Services. The Services are intended for adults; they are not for minors or children. By registering an account or using the Services, you represent and warrant that you are 18 years of age or older. If you are under 18, do not use the Services. (In the future, we may allow younger users with parental consent if we launch such features, but unless and until that happens and the Terms are updated, minors may not use the Service.) Account Creation: Some parts of our Services (such as monitoring your battery system via the app) require you to create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted (such as your name and a valid email address). You also agree to update this information if it changes, so that we have correct information on file. Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Please use a strong, unique password and keep it secure. Do not share your password or account access with others. You are liable for all activities that occur under your account (except those activities that Aotea solely controls). If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We encourage you to use any available security features (like two-factor authentication) we might offer to further protect your account. One Account Per User: Unless otherwise permitted by us, you should create only one account for yourself. Creating multiple accounts or false identities is not allowed. Similarly, you should not use someone else’s account or let someone else use your account (except in compliance with a feature we provide, such as a family/household account feature if offered). Eligibility of Entities: If you are an organization or business, the individual accepting these Terms on your behalf must have the authority to do so and to bind you. You are responsible for ensuring your users or personnel who access the Services on your behalf comply with these Terms. We reserve the right to refuse registration of an account or cancel accounts that violate these Terms. If you violate the account rules (for example, provide false information, or we discover you are under 18), we may suspend or terminate your account.
USE OF SERVICE
License Grant: Subject to these Terms, Aotea Energy grants you a limited, non-exclusive, non-transferable, revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Aotea, in the manner permitted by these Terms. This means you can install and run our mobile app on your devices, use our IoT hardware in accordance with provided documentation, and access our website for your personal (or internal business) use. You may not resell or redistribute our app or software, and you may not use the Services for any unlawful or unauthorized purpose. Permitted Uses: You agree to use the Services only for their intended purpose of managing your Aotea Energy battery system and related energy services. For example, you may use the app to monitor your battery’s performance, adjust settings, view energy usage, and engage in any energy transactions or programs explicitly supported by Aotea (like selling surplus energy if that feature is provided). If we provide any APIs or data export features, your use of them must comply with any documentation and limits we set. Prohibited Uses: You agree not to misuse the Services. In particular, you will not:
— Reverse Engineer or Tamper: You will not disassemble, decompile, or reverse engineer any software or firmware provided as part of the Services, nor attempt to derive the source code or underlying ideas from the binary components, except to the extent allowed by law (and if so, with prior notice to us). You will not bypass or attempt to circumvent any security measures or access restrictions related to the Services or hardware.
— Unauthorized Access: You will not attempt to gain unauthorized access to any part of the Services (including other users’ accounts, our servers, or connected systems). This means no hacking, probing, or scanning of our networks or devices except as legally permitted (e.g., security testing with our consent).
— Interference: You will not interfere with or disrupt the integrity or performance of the Services or the data contained therein. This includes not distributing viruses, malware, or any other harmful code through the app or towards the IoT hardware. You also agree not to exploit the system in a way that imposes an unreasonable load (e.g., by rapidly pinging servers or spamming requests) outside of normal use.
— Illegal or Harmful Activities: You will not use the Services for any illegal purpose or in violation of any local, national, or international law or regulation. You will not use the Services to conduct or promote any activity that is harmful, fraudulent, deceptive, or invasive of another’s privacy or rights. For example, you must not use our Services in connection with any energy theft, grid interference, or other unlawful energy-related activities.
— No Improper Content: While our app is mainly for system data (not user-generated content), if you are able to input or communicate any content (for example, a profile name, or if a future feature allows community sharing), you agree not to post or transmit anything that is obscene, defamatory, abusive, harassing, infringing, or otherwise objectionable or that violates any third-party rights. Any content you do provide must be truthful and your own (or you have permission to use it).
— Respect for Others’ Data: If you somehow have access to information about other users (e.g., in a peer-to-peer trading scenario or a community forum), you must only use that information in ways allowed by those users and by law. You may not harvest or collect others’ personal information without consent.
— No Competitive Use: You will not use the Services to build a competing product or service, or copy any features, functions, or graphics for competitive purposes. Similarly, using the Services for benchmarking or competitor analysis is prohibited, except as allowed under fair use or with our written permission.
If you are unsure whether something is allowed, please ask us. We reserve the right to investigate any suspected misuse of the Services. Violations of this Use of the Services section may result in immediate suspension or termination of your account and access, and may also subject you to legal consequences.
IoT Hardware and Safety
Aotea Energy provides IoT battery hardware that works in tandem with our software. By using our hardware devices (or integrating them into your electrical system), you agree to the following additional terms
regarding hardware use:
— Installation by Qualified Professionals: The Aotea battery system and any related electrical equipment must be installed and configured according to our instructions and any applicable laws or standards. We strongly recommend installation by a licensed electrician or an Aotea Energy authorized installer. Incorrect or inappropriate installation can be dangerous (risking electric shock, fire, or damage to the device or your property) and may void your warranty. Aotea Energy accepts no responsibility or liability for any damage or loss caused by incorrect or inappropriate installation of the hardware or any external components. Always follow the user manual and safety guidelines provided with the device.
— Safe Operation: You are responsible for using the hardware safely. This includes maintaining appropriate environmental conditions (e.g., not exposing the battery to extreme temperatures or water unless it’s rated for such conditions), ensuring proper ventilation if required, and not overloading the system beyond its specifications. Do not attempt to modify the hardware (e.g., opening enclosures, altering circuitry) except as instructed by us. Use only approved accessories and replacements (for example, if a certain type of cable or fuse is required, use that). If you notice any malfunction (such as unusual heat, smoke, leaking fluids, etc.), you should disconnect the system if it’s safe to do so and contact us immediately.
— Firmware Updates: From time to time, we may provide firmware updates for the IoT hardware to improve functionality or security. We will notify you through the app or other means when critical updates are available. It is your responsibility to allow these updates to install. They are designed to enhance safety and performance. Failure to install updates may increase security risks or cause parts of the Services to not function properly. By using the hardware, you consent to automatic firmware updates by us (with notice) if your device is connected to the internet, unless you’ve explicitly opted out in device settings (if that option is provided). We will ensure such updates are properly tested, but as with any software, there is a small risk an update could fail or cause unforeseen issues; we will support you in resolving any update-related issues.
— Not for Critical Safety Uses: The Aotea Energy system is intended for home and commercial energy management. It is not designed or certified for use in absolutely critical environments where failure could lead to death or serious injury (e.g., life-support systems, critical medical devices, nuclear facilities, or aircraft navigation). While we strive for high reliability, you acknowledge that the battery system and app have not been designed for fail-safe performance in hazardous situations. The Services are not intended for use in hazardous environments requiring fail-safe performance (such as in the operation of medical life support or other critical infrastructure). If you choose to use the system as a backup power source for critical needs, you assume all risk for that use. We strongly advise having redundant backup systems and not relying solely on our product for critical power without proper contingency plans.
— Data and Recommendations: Any data, insights, or recommendations provided through the app or hardware (for example, an alert about battery health, or a suggestion to charge/discharge at certain times) are for informational purposes. While we aim for accuracy, this information may not always reflect real-time conditions or guarantees. Sensors can sometimes fail or report incorrect values; network delays might mean data is outdated. You should not base decisions that could result in risk (personal, financial, or otherwise) solely on information from the Service. For instance, if the app does not report an issue, but you observe something wrong with the battery (strange noises, etc.), do not ignore the real-world signs. Likewise, any cost savings or performance estimates we provide are estimates and not a promise or warranty of actual results.
— Compliance with Laws: You are responsible for complying with all local regulations when using our hardware. This includes any electrical codes, grid connection rules, or energy trading regulations. If you feed energy back to the grid or engage in peer-to-peer energy trading via our Service, ensure you have any required permissions from your utility or authorities. We facilitate connections and data, but we are not responsible for securing permits on your behalf (unless otherwise arranged in a separate contract).
— Hardware Warranty: These Terms are separate from any hardware warranty that came with your Aotea Energy device. We may provide a limited warranty for the hardware in a separate document (for example, a one-year manufacturer’s warranty for defects). That warranty, if provided, details your remedies for defective hardware. Nothing in these Terms shall override the explicit terms of such hardware warranty. However, aside from what is promised in that warranty (or required by law), the hardware is provided “as is” (see Disclaimers below). Make sure to register your product if required for warranty service, and retain proof of purchase.
By using the hardware and Services, you agree to operate the system in accordance with all documentation and these Terms. If you rent or transfer the equipment to someone else, it is your responsibility to ensure they agree to and are aware of proper usage guidelines (and ideally have them register their own account with us).
INTELLECTUAL PROPERTY
Ownership:
Aotea Energy (and/or our licensors) retain all right, title, and interest in and to the Services, including all software, code, technology, content, logos, trademarks, and documentation. The Services are protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not transfer any ownership of our intellectual property to you. Rather, we only give you the limited rights to use the Services as described above. All trademarks, logos, and service marks displayed in the Services (e.g., “Aotea Energy” name and logo) are our property (or that of our partners). You are not granted any license to use these marks without our prior written permission. User Content: Our Services generally revolve around system data rather than user-generated content. However, if you submit any content to us (for example, feedback, suggestions, or if in the future you can post on a user forum or share settings templates with others), you retain ownership of that content. By submitting any content or feedback, you grant Aotea Energy a worldwide, royalty-free, sublicensable license to use, copy, modify, distribute, and display that content solely for the purpose of operating, improving, or promoting the Services. For example, if you send us a suggestion, we can use it without compensating you. If you share a testimonial or project details with us with permission to use, we may publish it. We will not, however, use your personal content for marketing without your consent. You promise that you have all necessary rights to any content you submit and that it does not infringe any third-party rights. Restrictions: You will not copy, distribute, or create derivative works based on our app or website or any part of the Services, unless we have given you explicit written permission (or as allowed by an open-source license in the case of any components that are open source). If you download our mobile app from an app store (Apple App Store, Google Play, etc.), you must comply with that store’s terms of service. Those third-party marketplaces may have rights to enforce their terms against you in relation to your use of the app. Third-Party Materials: The Services may include or integrate third-party libraries or APIs (for example, open source software, or Google Maps for showing location). Each of those components may be subject to separate license terms, which we will make available to you as required. Using our Services, you agree to comply with such third-party licenses if they apply (for example, respecting the Google Maps terms if using a map feature). We are not responsible for third-party materials that we don’t control. Any rights not expressly granted to you in these Terms are reserved by Aotea Energy
Privacy and Data
Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy (available above or on our website). By using the Services, you acknowledge that you have read and understood the Privacy Policy. In summary, we collect certain data (like account info and battery telemetry) to provide the Services and improve them, and we protect that data as described in the Privacy Policy. We do not share your personal data with unauthorized parties, as per our Privacy Policy. If you have a data request or concern, please refer to the Privacy Policy’s contact section. Also, note that by using the IoT features, certain data will be transmitted (e.g., your battery’s performance data) and stored by us. You consent to our processing of that data as necessary to provide the Service.
Privacy and Data
Aotea Energy is continually improving its Services. You agree that the software (including the mobile app and device firmware) may update automatically on your device once a new version or feature is available, subject to your device settings. These updates are intended to enhance security or add/modify features. We will try to notify you (through release notes or notifications) about significant changes. We strive to keep the Services up and running smoothly. However, availability is not guaranteed. The Services may occasionally be down for maintenance, repairs, upgrades, or due to network or equipment failures. We will attempt to schedule maintenance during low-usage times and inform you in advance if it’s a major outage. But we cannot guarantee that the Services will be uninterrupted or error-free at all times. Factors outside our control (like internet outages, power failures, or third-party service issues) may also affect the Service. You acknowledge that the Service may occasionally be interrupted, delayed, or have errors, and that data (including telemetry data or notifications) may not always be delivered in real-time. Trace and history will typically catch up when connectivity is restored. We are not responsible for any issues arising from the unavailability of the Services or any feature, to the extent such unavailability is outside our reasonable control or was necessary for maintenance. We do not guarantee that any particular feature or content will always be available. We may change or discontinue certain features (for example, if a third-party API we rely on is deprecated, or if we decide to replace a feature with something better). If we discontinue a core feature, we’ll do our best to let you know and perhaps offer alternatives.
Third-Party Services and Links
The Services might include links or integrations to third-party services not operated by Aotea Energy. For example, our app might link to a knowledge base on another domain, or allow you to export data to a third-party platform, or facilitate connecting with your utility’s demand response program which uses an external service. Third-Party Links: Any link to a third-party website or service is provided for convenience only. We do not endorse or have control over those external sites. If you visit a third-party link, you do so at your own risk, and your use will be governed by that third party’s terms and privacy policy. Aotea Energy is not responsible for content, products, or services on third-party sites. Integrations: If we integrate a third-party service as part of our features (for example, Google Maps for location or a payment processor for handling transactions), there may be additional terms from that provider that apply. For instance, using a map feature might bind you to Google’s Maps terms of service. We will make you aware of any such terms within the app or documentation. While we aim to ensure these integrations work correctly, we cannot guarantee the third-party service’s performance. Thus, we are not liable for errors or downtime caused by third-party services. (For example, if Google Analytics or our cloud provider experiences an outage or bug, that is beyond our control, and we aren’t responsible for resulting issues.) If you grant a third-party service (e.g., a smart home platform) access to your Aotea Energy data, note that we are not responsible for what that third party does with your data. Be sure you trust any service you connect to
Disclaimers of Warranties
As-Is Basis: The Services (including our mobile app, website, IoT hardware, and all content and software) are provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, Aotea Energy disclaims all warranties, express or implied, in relation to the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This means we do not make promises that the Services will meet your specific needs, or that they will function without interruption or errors. No Guarantee of Perfection: We strive to provide a high-quality product, but we do not guarantee that the Services will be error-free, completely secure, or operate uninterrupted at all times. For example, we do not warrant that: (a) the data you see in the app will always be up-to-the-minute accurate or free of anomalies, (b) any estimates or analytics we provide (such as energy savings projections) will come to fruition exactly as predicted, (c) the software or firmware is free of bugs, or (d) the communication between the IoT device and the cloud will never experience latency or drop data. You acknowledge that occasional downtime, bugs, or inaccuracies are inherent risks in any complex technical service.
Specific Disclaimed Warranties: Without limiting the generality of the above, we specifically do not warrant that:
— The battery hardware will always operate without faults or degradation. (It’s covered by any express warranty you received at purchase, but beyond that, we make no further implied guarantees of performance or longevity in these Terms.)
— The Services will prevent all issues – for instance, using our app to monitor your battery does not guarantee prevention of battery malfunctions or grid outages.
— The security measures employed (encryption, mTLS, etc.) will render the Services completely invulnerable to unauthorized access. While we take strong measures, no system is perfectly secure.
— Any data loss will be avoided. It’s unlikely, but data could be lost due to unforeseen issues. We encourage you to keep any critical information (like transaction records if needed) separately if it’s important.
—Third-Party Services (like cloud providers, analytics, or integrations) will function without interruption. We disclaim liability for their downtime or errors.
User’s Responsibility: You understand that the success of using our Services also depends on factors outside our control, such as your proper installation and maintenance of the hardware, using updated software, having a stable internet connection, etc. Any advice or information (technical support, etc.) that you obtain from Aotea Energy outside of these Terms does not create any warranty that is not expressly stated in these Terms. Consumer Rights: If you are a consumer (not a business user) in New Zealand, you may have rights under the Consumer Guarantees Act 1993 (CGA) and other laws that cannot be excluded or limited. For example, services must be carried out with reasonable care and skill, and goods must be of acceptable quality. Nothing in these Terms is intended to exclude, restrict, or modify any rights you have under the CGA or other consumer laws that cannot be lawfully excluded. If you are acquiring our Services for the purposes of a business, you agree that the CGA does not apply (to the extent permitted by law). In summary, while we provide the above disclaimers to inform you of potential issues, you might have remedies under consumer law if our product fails to meet mandatory guarantees. Beta Features: If we label any part of the Services as “beta,” “preview,” or “experimental,” those are provided without any warranties whatsoever. They are in testing phase and may be even more likely to have issues. Use beta features at your own risk and we especially appreciate feedback on them, but they might change or be removed.
Limitation of Liability
To the maximum extent permitted by applicable law, Aotea Energy and its affiliates, officers, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of (or inability to use) the Services. This includes, without limitation, damages for lost profits, lost savings or revenue, loss of data, loss of goodwill, device or property damage, or the cost of procuring substitute services, even if we have been advised of the possibility of such damages. In other words, if things go wrong, we are not responsible for losses that were not directly caused by our breach or that we could not reasonably foresee.
Some examples of damages or losses that we are not liable for under this limitation include:
— Losses incurred because the Services were unavailable or malfunctioning (e.g., you couldn’t sell energy at a peak time due to an app outage, or you had to buy grid electricity because the battery didn’t charge as expected).
— Any harm to your home or appliances that results from misuse of the battery hardware or from following data that turned out to be inaccurate. (Always use prudent judgment – the Service’s info is a tool, not a guarantee.)
— Financial losses or penalties from third parties – for instance, if an automated setting fails and you draw more power from the grid than planned, leading to a high bill or a missed savings opportunity, or if a transaction facilitated by our system doesn’t go through and you miss a payment (we aren’t a bank or utility and can’t guarantee financial transactions).
— Loss or corruption of data – if your usage history or settings get lost due to a bug, we’ll try to recover or fix it, but we won’t be liable for any value you ascribe to that data.
Cap on Liability: To the extent that our liability cannot be entirely disclaimed, and to the extent permitted by law, the total aggregate liability of Aotea Energy for any claims arising out of or related to these Services or Terms shall be limited to the amount you paid Aotea (if any) for the Services in the 12 months immediately preceding the event giving rise to the claim, or NZD $100, whichever is greater. If, for example, you have a subscription service and paid $50 in the last year, our total liability would be capped at $100 (the greater amount). If you paid nothing (perhaps the app is free and you only bought hardware from a reseller), our maximum liability to you for all claims combined would be $100. This limitation applies whether the claims are based on warranty, contract, tort (including negligence), or any other legal theory. Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. For instance, we do not exclude liability for death or personal injury caused by our proven negligence, or liability for our fraud or fraudulent misrepresentation. Also, any specific rights or remedies you have under consumer protection laws (like the CGA in NZ) are not overridden. If a court finds that certain liabilities cannot be excluded or capped as above, then those liabilities are not excluded, but everything else remains in effect. Multiple Claims: The existence of multiple claims or suits will not enlarge or extend the cap on liability. The cap is a total aggregate limit. Reliance on Information: You acknowledge that you have not relied on any representation, warranty, or statement other than those expressly set out in these Terms. Aotea Energy will not be liable for any statements or representations made by resellers, installers, or other third parties, unless and only to the extent required by law. This limitation-of-liability section is a critical part of our agreement. It allocates the risks between us (Aotea is a startup providing innovative services, and we price and offer the Services in reliance on these limitations). By using the Services, you agree that these limitations are reasonable.
Indemnification
You agree to indemnify, defend, and hold harmless Aotea Energy and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) that arise out of or relate to: (a) your use of the Services in violation of these Terms or applicable law, (b) your breach of any provision of these Terms, or (c) any violation of law or third-party rights by you in connection with your use of the Services. For example, if you use the hardware in a way that causes a fire or injury due to not following guidelines, and a third party (like a neighbor) sues Aotea Energy for that damage, you would be responsible for covering Aotea’s costs and any liability (since that misuse was outside our control). Similarly, if you violate someone else’s rights using our Service (perhaps by sharing data you weren’t allowed to), and they bring a claim against us, you’ll indemnify us for that. We will: (i) promptly notify you of any such claim (provided, however, that failure to promptly notify you will only affect your obligations to the extent that our delay prejudiced your ability to defend the claim), (ii) permit you to control the defense and settlement of such claim, and (iii) reasonably cooperate with you in the defense. You may not settle a claim in a manner that admits fault on Aotea’s part or imposes obligations on Aotea without our prior written consent (which will not be unreasonably withheld). Aotea reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (in which case your obligation to cooperate with us will continue). This indemnification obligation will survive termination of your account or these Terms
Termination
By You:
You can stop using our Services at any time. If you wish to delete your account, you may do so through the app (if feature provided) or by contacting support. Termination of your account will not immediately delete data that we are obliged to retain (see Privacy Policy for data handling on termination), but your personal access will cease.
By Us:
We may suspend or terminate your access to the Services (in whole or part) immediately, without prior notice, if you violate these Terms or if we reasonably suspect that you have violated these Terms or are using the Services in a manner that could cause us legal liability or disrupt others’ use. For example, if we find you are attempting to hack our system or are misusing the hardware dangerously, we may cut off your access. In less severe cases, we will provide notice of the breach and an opportunity to cure (if curable) before termination. Additionally, we may terminate the Services or your account for convenience with at least 30 days’ notice (for example, if we decide to discontinue the Service in your region), but this is rare.
Effect of Termination:
Upon termination of your account, your right to use the Services will immediately cease. You must cease all use of any licensed software (and uninstall or delete copies of the app if requested). Any accrued obligations or rights up to termination remain in effect. For example, any payment obligations, or the sections on intellectual property, disclaimers, limitations of liability, and indemnity will survive. If you had any outstanding transactions or balances (like fees owed, if applicable), those are still due. If we terminate your account due to a breach of Terms, we are not obligated to refund any fees you may have paid (if any). If we terminate for convenience (not due to your breach), and you have paid for a future service period, we may provide a pro-rata refund for the remaining period. Termination does not relieve either party from liability arising prior to termination. If you have caused damages or owe indemnification, those obligations survive.
Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with them or the Services will be governed by the laws of New Zealand, without regard to its conflict of law principles. This means that the interpretation and enforcement of these Terms will be according to New Zealand law. If you are a consumer and live in another country, you might have certain consumer protection rights under the laws of that country. Nothing in this section seeks to override those rights. However, to the extent permissible, New Zealand law will apply. Jurisdiction: You agree that any dispute or claim arising out of or related to the Services or these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand. Specifically, the courts located in Auckland, New Zealand (unless another city is specified by us) will have jurisdiction. You and Aotea Energy consent to personal jurisdiction in those courts. (If you are a consumer in NZ, you may have access to the Disputes Tribunal or other avenues for small disputes; this section doesn’t prevent you from using those if applicable.) Dispute Resolution: We genuinely hope to resolve any issues with you amicably. Before filing a lawsuit, please consider reaching out to us at legal@aoteaenergy.com to discuss the dispute. We will do our best to address your concerns. Sometimes a quick chat can avoid a formal dispute. If we cannot resolve through negotiation, you and we agree to submit to the courts as stated. We do not currently require arbitration or mediation, but we remain open to alternative dispute resolution methods if both parties agree.
Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any other policies or addendums referenced herein, constitute the entire agreement between you and Aotea Energy regarding the use of the Services. They supersede any prior agreements or communications (whether oral or written) between you and us relating to the subject matter. Any additional or different terms you propose (for example, in a purchase order or email) are rejected unless agreed in writing by an authorized representative of Aotea. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. In other words, the invalid part can be removed or adjusted, but the rest of the Terms still apply. No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. For example, if you miss a payment and we don’t immediately act, we still reserve the right to collect later or enforce the term in the future. Any waiver must be in writing and signed by us to be effective. Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. We may assign these Terms or any rights hereunder without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. No Third-Party Beneficiaries: These Terms are for the benefit of you and Aotea Energy. They are not intended to confer any rights or benefits on any third party (except permitted successors/assignees), and no third party may assert any rights as a third-party beneficiary, except as follows: if you downloaded the app from Apple’s App Store, Apple and its subsidiaries are third-party beneficiaries to these Terms for purposes of the license to the app, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as it pertains to the app. Force Majeure: Aotea Energy will not be liable for any failure or delay in performance of its obligations (excluding payment obligations) if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, pandemic, war, terrorism, civil unrest, strikes, labor disputes, fires, power or network outages, embargoes, or government actions. Notices: We may provide you with notices, including those regarding changes to these Terms or other matters, by email to the address associated with your account, by regular mail, or by postings within the app or on our website. Notices sent by email will be deemed received when sent, unless we receive a bounce-back indicating the email was not delivered. It is your responsibility to keep your email address current. If you need to give us notice, please do so by email to support@aoteaenergy.com or via our official mailing address (provided in the Privacy Policy contact info), unless a specific notice address is provided for legal notices.
CONTACT
If you have any questions about these Terms, or need to contact us for any reason relating to the Services, please reach out to:
Aotea Energy – Support Team Email: support@aoteaenergy.com
Address: 23 Westhaven Drive 1010 Auckland CBD
We appreciate you as a user of Aotea Energy.
Thank you for reading these Terms carefully.
By ensuring both you and we understand our commitments, we can focus on what really matters – revolutionizing battery technology and empowering you with reliable energy.
Let's build a sustainable energy future together!
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