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Terms and Conditions

Table of contents

Date of last update: 02 January 2025

Our relationship with you

These ClearWatt Terms and Conditions (the "Terms"), together with our ClearWatt Privacy Notice set out the rules that cover our relationship and agreement when you use the ClearWatt App, Website (when we use the term “Website” we mean the website located at www.clearwatt.co.uk and also our ClearWatt web apps from time to time), and services. They explain our responsibilities and yours, and how you can use the ClearWatt service. When you use the ClearWatt App, Website and/or service, these Terms apply to you and are legally binding so please read them. In fact, you might want to print them out or save them on your device in case you ever want to come back to them in the future.

Who we are

We're Future Motion Solutions Ltd, a company registered in England and Wales under company number 09793739, with our registered office address at Sustainable Workspaces Riverside Building County Hall 3rd Floor, Westminster Bridge Road, London, United Kingdom, SE1 7PB, and with VAT number GB272299086 (“ClearWatt”). We own and provide the ClearWatt brand, service, App and Website. Where we say "we", "our" or "us" in these Terms, that is usually who we mean. We might also mean anyone that might take over our business or we transfer our business to in the future (we will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under any ongoing service Contract).

References to "you", "your" and the “customer” means you, the natural or legal person who uses the ClearWatt service. Please note:

if you are accessing and using the Website, App or service for purposes that are wholly or mainly outside of your trade, business, craft or profession, you are acting as a “Consumer Customer”; or
if you are accessing and using the Website, App or service for purposes relating to your trade, business, craft or profession, you are acting in the course of a business and will be considered a “Business Customer”.

If you are a Consumer Customer, you should also remember that these are not a complete list of all of your or our rights or responsibilities, as there might be others under applicable law. If you want more information about your general rights as a consumer, you should contact a consumer advice organisation such as the Citizens' Advice Bureau.

If you are a Business Customer acting on behalf of your employer or another business then when you use the Website, App or service you represent and warrant that:

you have full legal authority to bind your employer or that business; and
you agree to these Terms on behalf of the business that you represent.

Want to contact us?

If you have any questions about or feedback on our Terms or services, get in touch with us by emailing hello@clearwatt.co.uk. If the question relates to information we have obtained from a third party, we may refer your question to them if we consider it appropriate.

What is ClearWatt?

ClearWatt provides services via its App and Website including analysis of an electric vehicle’s battery performance. ClearWatt helps you to understand the vehicle’s estimated battery ageing behaviour as well as the expected or estimated range. In addition to these services, ClearWatt provides access to a comprehensive range of online tools designed to assist customers in transitioning to electric mobility, such as ownership guides, EV searches, comparison tools and resale reports. The ClearWatt Website is considered an integral part of the ClearWatt service. Consequently, the Website and the additional comprehensive online tools are also subject to the Terms outlined in this document in the same way that the ClearWatt App is.

How it works

You may be able to order more than one service at the same time and, where this is the case, the checkout process will make this clear to you.

For any of our services, the order process asks and allows you to check and amend any errors before submitting your order. Please check your order carefully before submitting it, as once your order is submitted we will begin processing it immediately. You are responsible for ensuring that your order is complete and accurate to the best of your knowledge.

We are under no obligation to accept any order and we may reject an order for any reason in our sole discretion (this may be, for example, because we cannot verify your age, or because you are located outside of the UK).

All order processes are only available in the English language.

We will not file a copy of any Contract formed between you and us.

Following the completion of a service, ClearWatt will supply a “Report” which will provide an analysis of the relevant vehicle’s battery current operating performance. The Report will be different, and contain different information, depending on which service has been ordered and carried out. Some services may issue your Report on the same day that your order is placed, but other services will require a longer wait time for Report issuance. In any event, for all services, the Report will be issued to you no later than seven (7) days after the necessary steps have been completed for the relevant service.

Currently, we offer three different types of service, which are explained below. We reserve the right to change the services that we offer at any time (for example, by adding new services, terminating existing services, or changing existing services) and in this circumstance you will be notified in writing if any ongoing service that you have ordered is affected. This will not negatively impact your legal rights.

Service Level 1 – Fact Sheet

(a) Eligibility and access

This service is available to both Business Customers and Consumer Customers.
This is the “basic” version of the ClearWatt service and no testing of the vehicle will be carried out by you, ClearWatt, or any third party as part of this service. If you require more detailed, accurate or tailored results in your Report, you are advised to consider Service Level 2a or Service Level 2b instead (each as described below).
This service can only be ordered on the Website (not the App).
You must register an account in order to use this service. If you are a Consumer Customer, you can register using your email address. If you are a Business Customer, you will be required to register using your business credentials. In addition to the foregoing, you may be asked to supply other information about yourself and/or the business you represent (if applicable) during the registration process.
Once you have a registered account, you will be able to order this service. If you already have a registered account, you will need to sign in.

(b) Order process

When you order this service, the Website will require you to input certain information on the vehicle being assessed, for example, the registration plate and mileage. There may also be asked to provide additional optional information or data, such as photographs of a wheel or a charging cable. When information is requested, the Website will make it clear whether the input is mandatory or optional.
Where you provide data or information to ClearWatt, you agree that it is complete and accurate to the best of your knowledge.
Once you have completed the described steps, certain payment obligations may apply (if applicable). Please see the “Price and Payments” clause below for more information.
Following the completion of the steps described above, you will be able to submit your order for this service.
Once you have submitted your order, and on the condition that it is accepted by us, you will receive an email that confirms your order (the "Confirmation Email"). These Terms will be attached to the Confirmation Email. When the Confirmation Email is issued, a legally binding “Contract” is concluded between you and us, and each Contract shall incorporate these Terms.

(c) Report issuance

Following completion of the steps set out above, ClearWatt will use the inputs described to compile a Report.
Your Report will be presented to you on the Website, and also re-attached to your Confirmation Email.

Service Level 2a – Flash Test

(a) Eligibility and access

This service is available only to Business Customers. For the avoidance of doubt – if you are a Consumer Customer you cannot and must not attempt to order this service.
This service can only be ordered on the Website (not the App).
You must register an account in order to use this service. As a Business Customer, you will be required to register using your business credentials. In addition to the foregoing, you may be asked to supply other information about yourself and the business you represent during the registration process.
Once you have a registered account, you will be able to order this service. If you already have a registered account, you will need to sign in.

(b) Order process

When you order this service, the Website will require you to input certain information on the vehicle being assessed. Where you provide data or information to ClearWatt, you warrant and represent that it is complete and accurate to the best of your knowledge.
ClearWatt will also provide you with a piece of hardware (the “Plug-in Device”) that you will require for this service. You will receive instructions via the Website in terms of how to install and use the Plug-in Device, how to pair it with the Website, and what steps you are required to take to facilitate the data collection via the Plug-in Device (for example, you may be required to take and submit photographs of the Plug-in Device whilst in use). This is critical as it is the hardware that will provide ClearWatt with important data that is necessary to produce your Report.
Once you have completed the described steps, certain payment obligations may apply (if applicable). Please see the “Price and Payments” clause below for more information.
Following the completion of the steps described above, you will be able to submit your order for this service.
Once you have submitted your order, and on the condition that it is accepted by us, you will receive an email that confirms your order (the "Confirmation Email"). These Terms will be attached to the Confirmation Email. When the Confirmation Email is issued, a legally binding “Contract” is concluded between you and us, and each Contract shall incorporate these Terms.

(c) Terms governing the use of the Plug-in Device

The Plug-in Device shall at all times remain the property of ClearWatt.
You warrant that you shall: (A) only use the Plug-in Device for the purposes instructed by ClearWatt, and in the manner instructed by ClearWatt; (B) take good care of the Plug-in Device; (C) report any issues or damage whatsoever to the Plug-in Device to ClearWatt without undue delay and in any event within twenty four (24) hours; (D) not allow any third party to use or access the Plug-in Device, or attempt to sell, sub-lease, sub-license, or transfer the Plug-in Device in any way to any third party, without our express permission; and (E) return the Plug-in Device to ClearWatt on demand, or permit any authorised person of ClearWatt to collect the Plug-in Device at any time.
You shall indemnify ClearWatt in full for any damage and/or loss to the Plug-in Device that is caused by or attributable to your unreasonable or inappropriate use (or any unreasonable or inappropriate use by your personnel or affiliates). This indemnity does not apply to loss or damage that occurs in the course of usual and reasonable wear and tear.

(d) Report issuance

Following completion of the steps set out above, ClearWatt will use the inputs described to compile a Report.
Your Report will be presented to you on the Website. You will also have the option to receive a copy via email.

Service Level 2b – Independent Test

(a) Eligibility and access

This service is available to both Business Customers and Consumer Customers.
This service can only be ordered on App (not the Website). In order to use this service, you must first download the ClearWatt App and the “additional app requirements” that are set out in clause (d) below will apply to that App download and usage.
You must register an account in order to use this service. If you are a Consumer Customer, you can register using your email address. If you are a Business Customer, you will be required to register using your business credentials. In addition to the foregoing, you may be asked to supply other information about yourself and/or the business you represent (if applicable) during the registration process.
Once you have a registered account, you will be able to order this service. If you already have a registered account, you will need to sign in.

(b) Order process

When you order this service, the App will require you to input certain information on the vehicle being assessed, for example, the brand / manufacturer of the vehicle, registration plate and mileage.
If the vehicle brand / manufacturer has an app or platform of its own, you will be asked whether or not you consent to the ClearWatt App connecting with the account you have with that vehicle app / platform. For example, if the vehicle being assessed is a Tesla, and you have a Tesla account, the ClearWatt App will request your consent to connect to that Tesla account. Connecting in this way would enable ClearWatt to collect information on the relevant vehicle from that third party app, which can support the Report's results. You are not obligated to provide your consent and you can simply decline the request. If you do provide your consent, you will be asked to login to your vehicle account on the ClearWatt App and ClearWatt will connect without you needing to do anything else. You will not be taken away from the ClearWatt App.
You will be required to perform a series of “Drives” in the relevant vehicle with the App running passively in the background. The App will use the functionality of your smartphone such as the accelerometer, compass and GPS readings to determine the conditions of a Drive. We may, at our discretion, provide you with tools and insights as to how you can improve your results whilst performing Drives. You should review each Drives that the App has recorded after that Drive has concluded, and contact us if you think that the details are inconsistent or inaccurate in any manner. ClearWatt may also request that you manually input some data into the App about the vehicle’s battery before and after each Drive.
ClearWatt may request that you share supporting evidence via your smartphone’s camera. Photographs could be requested, for example, of the vehicle’s dashboard or numberplate. You will never be asked to, and you must not, share photographs that contain any people, anyone’s likeness, or anyone’s personal data.
Where you provide data, information and/or photographs to ClearWatt, you agree that these are complete and accurate to the best of your knowledge.
Once you have completed the described steps, certain payment obligations may apply (if applicable). Please see the “Price and Payments” clause below for more information.
Following the completion of the steps described above, you will be able to submit your order for this service.
Once you have submitted your order, and on the condition that it is accepted by us, you will receive an email that confirms your order (the "Confirmation Email"). These Terms will be attached to the Confirmation Email. When the Confirmation Email is issued, a legally binding “Contract” is concluded between you and us, and each Contract shall incorporate these Terms.

(c) Report issuance

Following completion of the steps set out above, ClearWatt will use the inputs described to compile a Report and this will be issued via email.
Additional app requirements
When you download the App, as well as agreeing to be bound by these Terms, you must also review and agree to the additional app terms below as well as any other terms and conditions imposed by the app store from which you have downloaded the App from time to time:
You acknowledge and agree that that these Terms constitute a contract that is concluded between you and ClearWatt, and not with the “Appstore Provider”. For the purposes of this clause, "Appstore Provider" means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact ClearWatt.
In the event that the App does not conform with any product warranty provided for by the Terms, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
In the event that a third party claims that the App infringes its intellectual property rights, ClearWatt (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce the Terms against you as a third party beneficiary.

Consumer cancellation rights

This “Consumer cancellation rights” clause applies only to Consumer Customers who do not use a third party pre-payment code (this clause does not apply to any Business Customers).

If you are a Consumer Customer who has paid for the ClearWatt service yourself, you have fourteen (14) days after your Contract is concluded (i.e., from the date of the Confirmation Email) to change your mind about a service you have ordered. This right may not always be available to you, for example in respect of services which have been performed or completed, even if the fourteen (14) day cancellation period is still running (or if you cancel after we have started but not yet completed the relevant services, then you remain liable to pay us for the services provided up until the time you tell us that you have changed your mind). Please remember that in order to invoke your cancellation right with respect to the Contract, you must contact us as soon as possible to let us know. You can do this by emailing us on hello@clearwatt.co.uk, or you can (but are not obligated to) complete and return the following cancellation form:

Model Cancellation Form

To: CLEARWATT, Sustainable Workspaces Riverside Building County Hall 3rd Floor, Westminster Bridge Road, London, United Kingdom, SE1 7PB

E-mail address: hello@clearwatt.co.uk

I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale for the provision of the following service*,

Ordered on(*) / received on(*)

Name of consumer(s),

Address of consumer(s),

Signature of consumer (only if this form is notified on paper)

Date

(*) Please delete if not applicable

We will send you an acknowledgement of receipt by email of your notice to cancel.

Please note that in the context of the supply of our services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. This amount will be in proportion to the service that has been supplied.

We will refund you for any amounts that you are owed (if any) as soon as possible and in any event within fourteen (14) days of you telling us you've changed your mind. We would refund you by the same method that you used for payment. You will not incur any fees as a result of the refund.

Price and Payments

The price of a ClearWatt service is as quoted on the App and/or Website and includes VAT. Prices are liable to change at any time but changes will not affect a Contract that you have already concluded with us.

For Consumer Customers placing an order using a third party pre-payment code (i.e., who are not self-paying), the following will apply:

You will be prompted to input the third party pre-payment code during the order process. You will then be presented with the service that is attached to your third party pre-payment code. You will not be able change or upgrade the service, but you will be required to confirm that the service is correct and that you wish to proceed.
ClearWatt may need to verify the third party pre-payment code before accepting your order for the service and/or before issuing any Report.
If the third party pre-payment code is verified, there will be no payment obligation on you.

For self-paying Consumer Customers (i.e., who are not using a third party pre-payment code), the following will apply:

You can pay the fee for a ClearWatt service on the App and/or Website. If you have a valid discount or promotional code, you will be able to apply this at the checkout.
All payments are taken through Stripe’s payment service. Stripe is a third party and by using their service you are be subject to their own terms and conditions. It is recommended that you read any such terms and conditions carefully and make your own decision as to whether or not you wish to proceed to make a payment using their payment service. ClearWatt is not involved in, and has no control over, the payment process operated by Stripe and therefore disclaims absolutely all liability and responsibility in connection therewith.
The Stripe payment page will confirm which payment methods you are able to use. In any case, you confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to use it. If you use a payment method that you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that payment method.
If your payment is not authorised for any reason, your order will not be fulfilled.

For Business Customers, the following will apply:

(a) The terms and conditions for how you make payment shall be agreed and set out in the separate business-to-business contract that you have entered into with ClearWatt.

(b) Notwithstanding the foregoing:

if you have a valid discount or promotional code, you will be able to apply this at the checkout; and
as a Business Customer you are acting on behalf of your employer or another business then you represent and therefore you warrant that you have the authority to use the payment method chosen on behalf of the business that you represent. If you use a payment method that you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that payment method.

For further information on how your personal data is used by ClearWatt, please see our Privacy Notice.

Your responsibilities

If you are a Business Customer you warrant, represent and undertake, and if you are a Consumer Customer you understand and confirm, that:

in using our Website, App and services, you will comply with the applicable laws and regulations in force and not infringe rights of third parties;
you are eighteen (18) years old, or over;
you hold a full (rather than a provisional) driving licence which is valid in the United Kingdom and appropriate for the category of vehicle you are using with the service;
you are a real, live person;
for Business Customers, you are not accessing our services for anyone other than either your employer or another business that you represent;
for Consumer Customers, you are not accessing our services for anyone other than yourself;
you have all the rights and/or authorisations necessary on the vehicle to request our services. Our services may include the assessment of the battery of the vehicle which might impact the value of the vehicle. For example, (i) you have the necessary rights if you are the owner of the vehicle; (ii) you have the necessary rights and authorisation if you are the co-owner of the vehicle, and your co-owner has agreed to engage our services; (iii) you have the necessary authorisation if you have legal possession of the vehicle (e.g. rental vehicles) and the legal owner has allowed you to request our services;
where the service requires it, you complete Drives in the United Kingdom using a vehicle registered in the United Kingdom;
you will not interact with the App or Website whilst you are driving or operating a vehicle. ClearWatt bears no responsibility for accidents or injuries caused by irresponsible driving or non-compliance with this clause;
where relevant to the service ordered, you must enable permissions as requested by the App (such as your location and camera) in order for the App to operate correctly;
where relevant to the service ordered, you will report on Drives and provide all information, materials, data and photographs accurately and honestly – if you attempt to manipulate your Report’s results or otherwise use the App or Website fraudulently or dishonestly, we may immediately and without notice end your use of the App, Website and service, and will not provide your Report;
you agree that we cannot guarantee and will not be responsible if your Report’s results alter the resale value of the relevant vehicle; and
you agree to keep confidential the password and any other login details you use to access the ClearWatt service and not to disclose such passwords and other login details to anyone else. If you know or suspect that someone else has your login details and password you must contact us immediately and change your password. We will not be responsible for any activity performed using your login details unless we have acted negligently or in breach of these Terms.

Your warranty - Business Customers only

If you are a Business Customer, you will indemnify and hold harmless ClearWatt against any and all costs, liabilities, expenses (including any professional or legal fees), and losses that we may suffer in connection with complaints, claims, judgements, actions and/or demands that we may suffer as a result of any breach of your obligations or warranties under these Terms.

Report results rejection rights

Notwithstanding any provision to the contrary, we reserve the right to refuse to issue and provide a Report at any time in the case of unclear, inconsistent and/or inaccurate information provided by you, or fraudulent and dishonest behaviour by you. Examples of when we might do this include if:

you have behaved fraudulently or dishonestly, and/or
you have submitted data and information, including but not limited to photographs and text inputs, that are inaccurate, unclear, inconsistent, or inadequate for the purpose of providing an accurate Report. Examples of such inadequate submissions may include, but are not limited to, blurry dashboard photographs, blurry vehicle registration photographs, and inconsistent data entries, among others.

In the event that we exercise our right to refuse to issue and provide a Report, we will notify you of our decision, detailing the reasons for such decision.

You are responsible to ensure the accuracy and clarity of all submitted data and information and to report Drives accurately and honestly to increase the likelihood of issuance of your Report.

Notwithstanding any provision to the contrary, ClearWatt reserves the right to use, share, distribute, and publish Reports (or parts of a Report’s results), both publicly and with third parties. If a third party has provided you with a third party pre-payment code, then you hereby authorise ClearWatt to share the Report associated with the service connected to that third party pre-payment code with the third party who issued the code to you.

This right is reserved and exercised under the condition and understanding that no personal data of you or any user will be disclosed or shared in non-compliance with data protection laws and regulations. Any data that is shared or published will be anonymised and/or aggregated to ensure the privacy and security of your information except that if a third party has provided you with a third party pre-payment code, then this will not apply, and your data will not be anonymised in that case.

By using our service and submitting your Drives and other related information and content, you grant us an unrestricted, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media.

Ending your use of ClearWatt

If you no longer wish to receive our services, you can close and delete your account by emailing support at hello@clearwatt.co.uk. Please note that once deleted, your account cannot be recovered, and you will not be able to access your ClearWatt account or other information we hold about you (including copies of any Reports).

Unless you (or we) close and delete your account, we will continue to provide you with the ClearWatt service and will continue to hold your account for you.

We may terminate your access to the App or Website, and/or terminate your use of the ClearWatt service and delete your account, at any time for contractual, business and operational reasons. Examples of when we might enforce our right and option to do this include if:

you are in breach of these Terms (for example, if you have provided information which is not accurate and honest);
you are rude or threatening to our staff;
we decide to stop offering the ClearWatt service (this will not affect your legal rights and you may be entitled to a refund if we are unable to provide you with a service that you have already paid ClearWatt for yourself);
we have reasons to believe your use of our services is unlawful or you are breaching our Acceptable Use Policy (as described below); and/or
if there has been inactivity on your account for twenty four (24) months or longer.

We will try to give you reasonable notice of any access refusal or termination.

In cases where you have materially breached these Terms, or applicable law, then in addition to terminating your access to the App, Website and/or service (as set out above) we also reserve the right to issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); take further legal action against you; and/or disclose such information to law enforcement authorities as we reasonably feel is necessary.

Please note that if you delete your ClearWatt account, this will prevent future sharing of information with other third parties but will not require them to delete or cease to process the information we provided to them. We may also keep records or data derived from your personal data in accordance with our Privacy Notice. For more information, please see our Privacy Notice.

Our Acceptable Use Policy

When you are using the ClearWatt service (including the Website and/or App) you must strictly comply with the following rules (in addition to the remainder of the Terms). In some cases, failure to comply with the following will constitute unlawful behaviour on your part and, where this is the case (or we reasonably believe it is the case), we may disclose your identity, your activities and other information we hold about you to law enforcement agencies.

(a) If you are a Consumer Customer, the email address you provide to us for the purposes of our communications with you must be personal to you and relate to an email account that you control. If you are a Business Customer, you warrant and represent that you are authorised to use the email address you provide to us for the purposes of our communications and service provision.

(b) When using the Website, App or ClearWatt service, you must not do anything or omit to do anything, and you must not allow or authorise another person to do anything or omit to do anything:

that in any way does not comply with any applicable local, national or international law or regulation;
that is in any way inconsistent with these Terms;
that in any way infringes the rights or safety of third parties;
that allows Drives being recorded through your ClearWatt account which were not driven by you (where applicable to the service ordered);
to interact with the App or Website while driving a vehicle - you must always drive vigilantly in accordance with applicable laws including traffic laws;
that in any way is deceiving or fraudulent, or has any fraudulent purpose or effect;
that accesses or interferes with another person's account or information, impersonates another person, or creates or uses a false identity or email address;
that harms or attempts to harm any person in any way;
that makes any unsolicited or unauthorised communications, including of advertising or promotional material ("spam");
that obtains or attempts to obtain unauthorised access to or interfere with, damage or disrupt any part of the Website, App or service, any computer systems, equipment, software or networks on or through which the Website, App or service is stored or operated;
that modifies, adapts, deciphers, decompiles, disassembles or reverse engineers any of the software comprised in or in any way makes up a part of the Website, App or the ClearWatt service;
that scrapes, reproduces, duplicates, copies, modifies, distributes, publishes, resells or transmits any element comprised in the Website or App, including any software comprised in it, the content or the services provided through it;
that uses any technology or processes of any kind to access, acquire, copy, monitor, navigate or search the Website, App or service, or any portion of these (including the use of data mining, robots or similar data gathering and extraction tools);
that in any way is not authorised by us or is detrimental to us or our third party service providers or any other third party;
that infringes our intellectual property rights or those of any third party;
to modify your ClearWatt Report in any way and to any extent;
to copy, retransmit, sell, compile, or transfer a Report or any information set forth in a Report;
to remove, obscure or modify any trademark, copyright, or any other notice set forth in a Report;
to knowingly transmit any data, send or upload any material that is corrupt or contains viruses, bugs, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other malicious or harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause the App, Website or service to become unavailable for use by others (including via any form of denial-of-service attack);
to use any automated system to access the ClearWatt service in a manner that sends more request messages to the ClearWatt servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
to bypass the measures we may use to prevent or restrict access to the service, including without limitation measures intended to prevent or restrict use or copying of any content or enforce limitations on use of the service; or
to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website, App or service.

(c) You may, notwithstanding the foregoing, provide a copy of a Report to a third-party potential purchaser in connection with your proposed sale of the vehicle which is the subject of the Report to such third-party.

(d) We do not allow any refunds after the issuance of a Report, unless you are a Consumer Customer who has paid ClearWatt directly for the service yourself and you believe that the service does not meet your consumer rights, in which case, please contact us at hello@clearwatt.co.uk.

We may monitor your use of our services and monitor your activity for security purposes.

You agree to fully cooperate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our Website, App or our services in breach of our Acceptable Use Policy, these Terms, or applicable law.

Making changes to our Terms or Services

We may change the Website, the App and the ClearWatt services at any time (but this will not negatively impact your legal rights under a Contract that you have already concluded). If you are a Consumer Customer and you have a registered account, we will provide you with thirty (30) days’ advance notice of any changes to these Terms. Once notified, your continued use of the App or Website will confirm your acceptance of the revised terms, otherwise, you can contact hello@clearwatt.co.uk to terminate your use of ClearWatt.

For changes that do not affect your or our rights or obligations under these Terms and that constitute a mere update of information or to comply with applicable law or for security reasons, we may choose to not notify you directly. Please check this page from time to time to take notice of any updates made to the information here.

Suspending our services

We may need to suspend the supply of a service, for example, to deal with technical problems or to update or change the service from time to time. If we suspend the service whilst you have an ongoing Contract with us, we will provide you with prior notice where this is possible (however, it may not be possible if, for example, we need to fix an issue or make a change to comply with a legal or regulatory matter).

If our supply of your service is suspended, delayed or prevented by an event outside our control, we will notify you of the issue as soon as possible and (to the extent permitted by applicable law) we will not be liable to compensate you for the suspension or delay.

If the suspension or delay is likely to persist for a substantial period of time, and this negatively impacts your rights under the Contract between you and us, you may be entitled to end the Contract and receive a refund for any services that you have paid ClearWatt directly for yourself, but not received. Please contact us without delay if you believe you are entitled to any refund.

Accuracy and non-reliance on information

Any information provided to you as part of our services (including in a Report) is only as accurate, complete and up to date as the information supplied to us – whether by you, a third party from whom we obtain information, or any Plug-in Device (as applicable to the relevant service ordered). Whilst we do take commercially reasonable steps to check the information supplied to us, it is not possible for us to and we do not guarantee its accuracy, currency or completeness. The results provided in the Report are based on these sources of information and/or data and as such ClearWatt is not responsible for any dissatisfaction or disagreement with the results. We do not offer refunds for any reason relating to dissatisfaction with the results contained in a Report.

We do not assume responsibility for the timeliness, accuracy of data or the Reports, fitness for a specific purpose, deletion, non-delivery or failure to receive or store any user information, communications or personalisation settings.

The Website, App and service (including any Report) and the content in or on those are provided for general information purposes only. They are not intended to amount to information on which you should rely. You acknowledge and agree that any use of or reliance on a Report is at your own risk.

We do not and cannot warrant or guarantee the future performance of the relevant vehicle’s battery nor do we accept any responsibility for inaccurate or imperfect assessments of the battery’s health.

The range prediction assessment provided in Service Level 1 – Fact Sheet is an estimate based on aggregated data and associated calculations and may not reflect the precise capability or condition of the vehicle and/ or battery. It is intended solely for informational purposes. It should not be considered an official diagnostic report or a guarantee of the exact condition of the vehicle and/ or its traction battery. We do not accept any responsibility for the completeness, accuracy or reliability of the range estimates provided.

We may change the content or functionality of the Website or App (or any other method which allows access to the ClearWatt services) at any time. Although we make reasonable efforts to update the information provided by the Website, App and the service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We cannot guarantee that the Website or App, or any content on them or otherwise provided as part of the ClearWatt services, will always be available, uninterrupted or error free.

User generated content

The App and/or Website may include information and materials uploaded by other users of the service. This information and these materials have not been verified or approved by us. The views expressed by other users on our App and/or Website do not represent our views or values. If you wish to complain about any other content, please contact us at hello@clearwatt.co.uk.

If you upload any user generated content yourself, then you are obligated to ensure that any and all content that you supply/upload to the Website and/or App (whether it be pictures, text, sound recordings or anything else) complies with the following rules:

it must not be unlawful, obscene, abusive, defamatory, discriminatory, offensive or racist;
it must not harass or bully another person;
it must be true and honest so far as you know;
it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive;
it must not use the material or content or infringe the rights or privacy of anyone else (for example you should not use images of well-known characters, footage or music unless it is your own or you have permission to use it);
it must not contain someone else’s personal details or confidential information relating to other people;
it must not promote or propose hatred, terrorism, violence, or physical harm against anyone;
it must not impersonate any person, or misrepresent your identity or affiliation with any person;
it must not give the impression that it emanates from or is endorsed by us, if this is not the case; and
it must not violate these Terms or applicable law.

Limitation of our liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App and Website, any content on them or services accessed through them, whether express or implied.

We are not responsible for any products or services provided by any other third parties. Those products are governed by separate terms and conditions of supply. You agree that we are not responsible or liable for any loss or damage you may suffer or incur in connection with any such product or services, or the terms and conditions applying to any contract you enter into with any third party in relation to any product or services, or for any acts, omissions, errors or defaults of any third party in connection with any product or services or the applicable terms and conditions. In addition, where our App or Website contains links to other websites and resources provided by third parties. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy notices.

Although we take all reasonable steps to protect our systems using virus checking software, we do not guarantee that our App and Website will be secure or free from bugs or viruses. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, bugs, Trojan horses, worms, software bombs or other malicious or damaging items resulting from your use of our Website or App. You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.

If you are a Business Customer, subject to the foregoing:

In no event shall ClearWatt be liable to you for any loss of profits, loss of revenue, loss of contracts, loss of goodwill, loss of business, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise, even if foreseeable.
ClearWatt’s total liability to you for any losses or damages arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to the price paid by you to ClearWatt under a Contract in respect of an individual service.

If you are a Consumer Customer, subject to the foregoing:

Nothing in these Terms affects your statutory rights, and advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
You agree not to use the Website, App or service (or any aspect of any of those) for any commercial or business purposes. Accordingly, ClearWatt has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
ClearWatt is only responsible for loss or damage that you suffer that is a foreseeable result of ClearWatt’s breach of these Terms, or ClearWatt’s negligence in the context of a service provided to you. ClearWatt is not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it was an obvious consequence of the ClearWatt’s behaviour or if it was contemplated by you and us at the time that we enter into a Contract.
ClearWatt’s total liability to you for any losses or damages arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to the price paid by you to ClearWatt under a Contract in respect of an individual service.

Intellectual Property Rights

All intellectual property rights in the App and Website, the ClearWatt name, and in the material published on the App and Website and in its component systems by us (excluding user generated content) are owned by, licensed or sub-licensed to us. All content on the App and Website is subject to copyright with all rights reserved.

Images, trademarks and brands are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.

You must not remove any acknowledgement that we or any of our contributors is the author of any content of the Website, App or any other content we provide to you as part of the ClearWatt service (including a Report).

You may download or print or screen grab content or individual sections or pages of the ClearWatt App and/or Website for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through the Website or App is done at your own discretion and risk and you are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material.

You must not modify, adapt, copy, download or post material from the App and/or Website nor store any part of the App and/or Website in any other website or app or include it in any public or private electronic retrieval system.

You must not use any part of the content on our App and/or Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you download, print or screen grab, share or repost any part of our App and/or Website in breach of these Terms, your right to use our App and/or Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

General

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

In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.

Use of the words ‘includes’, ‘including’, ‘such as, ‘e.g.’ or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.

The Website, App and the services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Website, App and the service meet your requirements.

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms or any Contract you have with us.

Nothing in these Terms is intended to confer on any person any right to enforce any term of these Terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.

Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms.

You may not assign any of your rights or obligations under these Terms.

These Terms constitute the whole agreement and understanding between you and us in relation to the use of our ClearWatt services. Other terms and conditions will be applicable if you use any of our other services.

Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms or your use of our Website, App or our services are superseded, except as otherwise expressly stated in these Terms.

You agree that any notices and other communication may be given by us by email or provided via your account and/or the App and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you twenty four (24) hours after email or posting.

Disputes

If you have any complaints or problems with us or our service, you can contact us at hello@clearwatt.co.uk. and we will do our best to resolve it. If the complaint relates to information we have obtained from a third party, we may refer your complaint to them if we consider it appropriate.

Applicable law

These Terms are governed by English law. This means that your download, access to, and use of, the App, the Website, the services and any dispute or claim arising out of or in connection therewith will be governed by English law.

If you are a Business Customer: You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

If you are a Consumer Customer resident in the UK: You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. In light of the foregoing, you may bring any dispute which may arise under these Terms to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK.