Demand Flexibility Service & Battery Discharge Terms & Conditions

Last Updated 26/01/2024

1. Introduction

Please read these Terms and Conditions carefully before using any of the services and functionalities provided by MakeMyHouseGreen (hereinafter referred to as "we", "us", or "our"). These services and functionalities are delivered either directly through our website (https://makemyhousegreen.com) and/or any app available through the App Store or Google Play (together, the "Service"), or through our delivery partner, Solo Energy Ltd (SMS), (hereinafter referred to as "Partner"). These Terms and Conditions govern your use of the Service and constitute a binding agreement between you (the user) and us.

2. About MakeMyHouseGreen (Switchd Ltd)

We are a limited company registered in England under company number 10408051 with our registered office at International House, 36-38 Cornhill, London, England, EC3V 3NG. You can contact us at team@makemyhousegreen.com.

3. Our Service & Eligibility

The MakeMyHouseGreen Demand Flexibility and Battery Discharge Service is designed to access and manage the flexibility of home energy assets, such as smart meters, electric vehicles (EVs), EV chargers, batteries, and heat pumps. We do this by optimizing your energy consumption and shifting it to the greenest and most cost-effective periods. Additionally, we can help the electricity grid during peak demand periods by managing your energy consumption strategically.

To be eligible to use this service, you must

  • have a registered smart meter that provides at least half-hourly readings
  • have smart meter readings from at least the last 30 days
  • confirm that you are not part of any other Demand Flexibility Scheme with another provider
  • complete the registration process which includes providing required data consents and access to devices in order to deliver the service

4. Consent to Access Your Devices & Data

By agreeing to these Terms and Conditions, you grant us and our Partner permission to access your EV, charging point, heating unit, battery, inverter, smart meter, and/or any other connected device necessary for us to deliver the Service. This access allows us to:

  • Read information from your devices: This includes but is not limited to data on energy consumption, charging/discharging status, connection status, current state of charge, temperature, and requested temperature.
  • Send commands to control your devices: This may involve starting and stopping charging, updating timed charge and discharge settings, changing minimum and maximum State of Charge, controlling the flow of energy through a device, adjusting temperature settings and returning the devices settings to those set by the user.

MakeMyHouseGreen will share participants’ Meter Point Administration Numbers, half-hourly metered energy consumption, energy export, usage information and other details relating to the participants with ESO, Solo Energy Limited (SMS), its affiliates and their authorised sub processor N3rgy Limited (Party credentials and Party ID of N3RGY LIMITED, incorporated and registered in England and Wales with the company number 11203504 whose registered office is at 4 Ovington Drive, Fleet, United Kingdom, GU51 1DF) to provide the Service including to register participants in the Service and calculate payments to individual participants.

Your half-hourly metered consumption and export data from the last 30 days will be processed by Solo Energy Limited and N3rgy Data Limited by interfacing with the national smart meter systems in accordance with the Smart Energy Code (https://smartenergycodecompany.co.uk/).

You are not obligated to grant access to any device, but doing so is necessary for us to deliver the Service fully. You can revoke your consent at any time by contacting us.

All data and information collected from your devices will be processed in accordance with our Privacy Policy.

5. Account Creation and Use

To use the MakeMyHouseGreen Demand Flexibility and Battery Discharge Service, you must create an account and agree to these terms. By doing so, you confirm that you are above 18 years old and that the information you provide is accurate, complete, and up-to-date. You also confirm that you own the devices you are connecting to the Service or have the explicit permission of the owner to do so. Lastly you confirm that are not registered with another supplier for the battery discharge service.

We reserve the right to terminate your account immediately if you provide inaccurate information or violate these Terms and Conditions. You are responsible for maintaining the confidentiality of your account information and password. Any activity or actions that occur under your account are your responsibility, regardless of whether the password was used on our Service or a third-party service. Please notify us immediately of any suspected security breach or unauthorised account activity.

6. Limitations and Third-Party Hardware

The MakeMyHouseGreen Service may utilize third-party hardware devices and/or software to deliver its functionality. These integrations are provided "as is" and may have limitations in functionality depending on the specifications of the hardware. We are not responsible for any damage or loss caused by the actions or omissions of third-party hardware vendors.

7. Links to Third-Party Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and conditions and privacy policies of any third-party websites or services you visit.

8. Incentives and Rewards

A record of your charge and discharge activity as well as the money earned through events will be recorded and stored. At the end of the scheme period, as long as you have earned more than £10, a single payment for everything that you have earned will made directly to you. 

If you leave the scheme for the end, you will still be paid once the scheme ends for everything that you earned whilst active in the scheme.

MakeMyHouseGreen may occasionally offer other, additional incentives and rewards to its customers. These offers may be subject to separate terms and conditions. We reserve the right to change or remove any incentives or rewards at any time without prior notice.

MakeMyHouseGreen, nor any of it's partners are able to guarantee a minimum amount for each kWh or power sold to the grid as each event undergoes a "competitive bidding" process. The goal of this process is to maximise the chance of being accepted to the event whilst commanding the highest revenue possible for you. The estimated price, where known, will be shared in the event announcement/notification email and confirmed once the event has been completed, along with the amount earned.

Whilst there is no guarantee on the minimum price to be achieved, we hope to be able to generate at least £1 per kWh during events. With a battery storage of ~10kWh and 12 events expected over the whole winter, total participation could generate at least £120.

9. Intellectual Property Rights

All intellectual property rights associated with the MakeMyHouseGreen Service, including patents, inventions, copyrights, trademarks, domain names, trade secrets, and know-how, belong to Switchd Ltd and its affiliates. Your use of the Service does not grant you any additional rights or ownership of any intellectual property.

10. Data Protection

We take your privacy seriously. We process your personal data in accordance with our Privacy Policy and Cookie Policy

11. Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Any revisions will be posted on our website and take effect immediately upon publication. You agree to be bound by any revised Terms and Conditions by continuing to use the Service after their publication.

12. Indemnification

You agree to defend, indemnify, and hold harmless Switchd Ltd and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from or related to your use of the Service, including but not limited to:

  • Breach of these Terms and Conditions.
  • Violation of any applicable laws or regulations.
  • Unauthorised access to, use, or alteration of the Service or any user's account.
  • Defective or malfunctioning devices connected to the Service.

13. Limitation of Liability

While we take every precaution to ensure the quality and functionality of the MakeMyHouseGreen Service, we cannot guarantee it will be uninterrupted, secure, or error-free. Therefore, to the maximum extent permitted by law, we exclude all liability for any loss or damage you or any third party may incur in connection with:

  • Your use of the Service.
  • Disruption, errors, or inaccuracies in the Service.
  • Actions or omissions of third parties, including hardware vendors.
  • Indirect or consequential damages arising from the Service.

This does not affect our liability for death or personal injury arising from our negligence, for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

14. Acceptable Use of the Service

You agree to use the MakeMyHouseGreen Service in a legal and ethical manner. This includes adhering to all applicable laws and regulations and refraining from:

  • Attempting unauthorized access to the Service or any user's account.
  • Collecting or storing personal information from the Service for any purpose.
  • Engaging in any activity that may disrupt or damage the Service.
  • Violating any program-specific requirements outlined by the Electricity System Operator, Transmission System Operator, or Distribution Network Operator.
  • Misrepresenting your identity or qualifications.

15. Disclaimer

The MakeMyHouseGreen Service is provided "as is" without any warranties, express or implied. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that it will meet your specific needs. You use the Service at your own risk.

16. Termination of Service

You may terminate your use of the Service at any time by contacting us directly. We reserve the right to terminate or suspend your access to the Service at any time for any reason, including but not limited to:

  • Violation of these Terms and Conditions.
  • Non-payment of any fees associated with the Service.
  • Inappropriate or illegal use of the Service.
  • Extended periods of inactivity.

17. Governing Law and Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising from or relating to these Terms and Conditions or the Service.

18. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding your use of the MakeMyHouseGreen Service. Any prior or contemporaneous agreements, representations, or understandings are superseded by these Terms and Conditions.

19. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at team@makemyhousegreen.com