Terms and Conditions (“Terms”)

Last updated: 13 February 2023

Last reviewed: 13 February 2023

Overview 

Thank you for using Peak Energy and taking the time to read these Terms. Peak Energy AB, org.nr. 559359-2727, (“Peak Energy”, “we”, “us”, “our”) provides the app, Peak Energy (“App”), for owners of electric vehicles to charge when the price is low and to make a smaller impact on the environment. 

These Terms are entered into between Peak Energy and you as a User (“you”, “your”). Before you create an Account and use the Service, you must accept these Terms in full. We therefore ask you to read them carefully and not use the Service if you do not accept all the terms of this agreement. 

1. Definitions

The words or phrases used in these Terms, which begin with a capital letter, shall have the following meanings: 

• User(s): refers to any user of the Service after registration and approval of these Terms. 

• Terms: this Terms and Conditions agreement. 

• App(s): the Peak Energy app, to which these Terms apply. 

• Account: the personal interface where you can log in and fill in your Profile and through settings control how you use the Service. 

• Profile: the space in the Service where you as a User customize the app according to your needs. 

• Service(s): refers to all services, whether paid or free, that are available to Users through the App. 

• Site(s): https://peakenergy.se and/or https://peakenergy.io

2. Authorisation and Access

2.1 Eligibility 

To use the Service, you must: 

• have the legal capacity to enter into agreements (i.e. not be under guardianship); 

• have read and approved these Terms and our Privacy & Cookie Policy in advance; 

• fill in the mandatory fields in connection with registration; and, 

• have all the equipment required to install and use the App. 

You may not create more than one simultaneously active Account, but it is possible to create a new Account if you have deleted one previously. 

2.2 Your Account and login 

You need a personal Account and login to use the App. This can be created in four different ways: 

2.2.1 Facebook login 

If you choose to create an Account and log in using Facebook, you allow us to access and use certain Facebook account information, including, but not limited to, your public Facebook profile. For more information about the information that we collect from you and how we use it, see our Privacy & Cookie Policy. 

2.2.2 Apple login 

If you choose to create an Account and log in using your Apple account, you will be able to log in with this information in the future. For more information about the information that we collect from you and how we use it, see our Privacy & Cookie Policy. 

2.2.3 Email login 

When you create an Account with your email address, we use this to identify and verify registration. For more information about the information that we collect from you and how we use it, see our Privacy & Cookie Policy. 

2.2.4 Phone login

When you create an Account with your phone number, we use this to identify and verify registration. For more information about the information that we collect from you and how we use it, see our Privacy & Cookie Policy. 

2.3 Profile 

After logging in, you will be asked to provide some information to create your Profile. The information in your Profile is used to optimize the charging of your electrical vehicle according to your preferences. You can adjust the information that you have provided at any time by proceeding to Home and then Change charge settings within the App.

2.4 Unauthorised access 

Peak Energy is not obliged and does not have the technical means required to wholly verify the identity of individuals who register for the Service. 

Regardless of the login method, you are responsible for protecting your login information and are responsible for all activities that take place during login with this information. If you think that someone has gained unauthorised access to your Account, please contact us immediately at [email protected]. 

2.5 Adblockers and programs that affect the App 

Peak Energy cannot guarantee that the User will be able to use the Services if he/she uses a tool to remove pop-ups or equivalent; in this case, this feature must be disabled before you can use the Services. 

2.6 Maintenance

Use of the Service may be temporarily prevented due to maintenance, updates or technical improvements, or for updating content and/or how it is presented. If possible, we will inform our Users before any maintenance work or updates that may affect the Service are made. 

3. Features

There is no cost to register or use our Services, but data usage charges may apply from your Internet Service Provider. 

By registering for the Services, Users gain access to the following functions: 

• Connecting a car to our smart charging algorithm

• Seeing how electricity prices fluctuates during the day

• See the charging status of your electrical vehicle

• Set electricity region

4. Responsibilities and Rights

4.1 Information that you provide to us through the Service 

The information that you provide must be accurate and truthful. The consequences that disclosure of such information may have for your or other Users’ lives is solely your responsibility. 

4.2 Rights that you give us 

Peak Energy may access, store, and disclose information from your Account and shared content if required by law or in good faith that such access, storage, or disclosure constitutes a legitimate interest, including: (a) following legal processes; (b) executing the agreement; (c) responding to claims that any content infringes the rights of third parties; (d) responding to your customer service requests; or (e) protecting the rights, property, or personal safety of Peak Energy or any other person. 

Any software that we provide to you can automatically download and install upgrades, updates, or other new features. In many cases, you can adjust these automatic downloads through the device settings. 

5. Termination of and Changes to the Service

5.1 Deletion 

You can at any time opt-out of receiving marketing communications or close your account by following on-screen instructions, or by contacting us at [email protected]. To close your account: open the App, select the account icon, navigate to personal details, delete user, and finally verify your decision by following the onscreen instructions. Closing your account will prompt us to immediately delete or anonymise all Data for which we do not have a legal requirement to retain.

Once your Account has been terminated, these Terms will cease to apply, with the exception of the following provisions which will still apply to you and Peak Energy: 

• §4, in its entirety 

• §5.2 

• §6, §7, §8, §9, §10, §11 and §12, in their entirety

5.2 Changes and updates 

We may update and change the content and features of the Service at any time in order to improve its quality. Users will be informed of major updates or changes in the App or via email.  

5.3 Our termination of your Account or deletion of certain content 

Peak Energy can terminate your Account at any time without prior notice if we believe that you have breached these Terms. 

6. Third Parties and Marketing within the App

6.1 Advertisements and links 

When we allow you to use the Service, you agree that we, our subsidiaries, and our third-party partners, place advertising within the App. 

The Service may include advertisements and promotions offered by third parties and links to other websites or resources. Peak Energy is not responsible for the availability (or lack thereof) of such external websites or resources. 

We remind you that visits and use of third-party websites are governed by their terms of use and that such visits and uses are made entirely at the User’s own risk. Peak Energy cannot be held responsible for the terms or actions of such third parties. 

All problems related to a link or advertisement must be reported to us using the contact information in §10 of these Terms. 

6.2 Feedback and suggestions 

By sending suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback anonymously, regardless of purpose and without compensating you. 

7. Limitations of warranty and liability

Peak Energy will take reasonable actions to ensure that the Peak Energy’ Service works on an as is basis and provided without express or implied warranties or promises of any kind. To the maximum extent permitted by law, the Service is provided without warranty, guarantee, or promises of any kind, either express or implied, including but not limited to any warranties of performance, non-infringement, fitness for purpose, or satisfactory quality. Peak Energy cannot be held liable, nor guarantee the availability or full performance of its Service, if it is interrupted by technical difficulties, maintenance, tests or upgrades that may temporarily affect the service.

Subject to the limitations set by law, Peak Energy, its employees and directors are not liable for any direct, indirect, incidental or consequential loss or damage, including but not limited to loss of profit or loss of revenue resulting from the use of the Service, whether based on warranty, contract or negligence. Peak Energy is also not responsible for any direct or indirect damages when controlling Devices or collecting data, or for any direct errors you have made in settings in the Devices or parameters of control.

Peak Energy expressly disclaims any responsibility for any mistakes or inaccuracies in the information presented on its webpages or applications (App) to the fullest extent permitted by law. Furthermore, Peak Energy disclaims all liability for loss or damage, which may result from the use of information contained on its websites or App. Any links to other websites are provided for convenience only, and Peak Energy assumes no responsibility or liability whatsoever for the contents of those other websites linked to, or any products or services advertised or sold on those websites.

Peak Energy also reserves the right to change or discontinue functions and features of its Services, with or without notice.

Peak Energy may show you the savings you make from the Service. These are calculated by Peak Energy and serve as estimates. These savings are not guaranteed by Peak Energy to be accurate nor does Peak Energy take any liability for not delivering the savings Peak Energy has estimated.

Peak Energy may consider some requests of refund on an individual basis, and any refunds will be granted at the sole discretion of Peak Energy.

8. Intellectual property

All ownership of the Intellectual Property shall remain with Peak Energy alone. For the duration of your use of the service, Peak Energy agrees to grant you, solely as an end-user, a non-exclusive, paid-up right and license to use Peak Energy’s Service. Under these terms, you explicitly agree to refrain from modifying, adapting, or correcting any elements of Peak Energy’s Intellectual Property and from breaking up, decompiling or undertaking any similar action on or in relation to Peak Energy’s Intellectual Property. You agree that this obligation survives the termination of Service.

“Intellectual property” (IP) means all rights, titles, and interests of any kind that, without limitation, are or are in the nature of any patent, know-how, trade secret, registered design, copyright, design right, trademark, service mark, business name or other industrial or intellectual property right subsisting in any country, whether or not registered or capable of registration, as well as all associated rights of registration relating to any of the aforesaid, whether presently existing or created in the future.

9. Personal Data

Personal data belonging to Users is processed in accordance with our Privacy & Cookie Policy. 

10. Applicable Law and Dispute

These Terms shall be interpreted and applied in accordance with Swedish law. If you reside in a country other than Sweden, there may be mandatory consumer protection laws that provide you additional rights in addition to those specified in these Terms and in the Swedish consumer legislation, and in these cases such mandatory provisions take precedence. 

If it is not possible to reach an out-of-court solution regarding a dispute related to these Terms, the issue should instead be taken up in a general court in Sweden, unless the User resides in a country other than Sweden and foreign mandatory consumer protection laws provide a mandatory forum for consumer disputes. 

Furthermore, the User can also submit a complaint to the European Commission’s online dispute resolution platform, found here: http://ec.europa.eu/odr. The European Commission will forward the User’s complaints to the competent national ombudsmen. 

11. Changes to Peak Energy’s Terms

We may periodically change these Terms as we, for example, add new features and Services, as we improve our current offerings, and as technologies and laws change. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of this page. Any changes will become effective upon our posting of the revised Terms. We may provide notice to you of any changes. This notice may be provided by email, by posting the revised Terms on our Sites or App, or elsewhere in the Services, or by other means prior to the change becoming effective, consistent with applicable laws. 

12. Contact Information

If you have questions about the contents of these Terms, you can at any time write to or email: 

Peak Energy AB, 559359-2727

Email: [email protected]