Terms and Conditions

Terms and Conditions of Service for Emberpulse

1. Agreement

369 Labs Ltd ACN 640 004 628 (369 Labs) is the engineer and supplier of the “Emberpulse” energy management system (Emberpulse System). These Terms and Conditions govern your use of the Emberpulse System and the software and hardware consisting in the Emberpulse System. By creating an account on the Emberpulse web portal or by using or continuing to use the Emberpulse System you agree to be bound by these Terms and Conditions.

2. Permitted Use

You are granted a limited, personal, non-sub-licensable, non-transferable, non-exclusive license to use the Emberpulse System software only for your personal use and only in accordance with any documentation that accompanies it.
You shall not, nor permit anyone else to, directly or indirectly:

(i) copy (except for up to two backup copies), modify, or distribute the Emberpulse System software;
(ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of the 369 Labs' System software or of the Emberpulse System hardware; or
(iii) rent, lease, or use the Emberpulse System for timesharing or service bureau purposes, or otherwise use the Emberpulse System on behalf of any third party.

3. Privacy

Your use of the Emberpulse System is subject to our Privacy Policy, available on the 369 Labs' website and from within the Emberpulse app. The Privacy Policy forms part of these Terms and Conditions.

We may collect and hold personal information about you and your use of the Emberpulse System as specified in our Privacy Policy (Personal Information).

You consent to 369 Labs sharing your Personal Information with the following third parties:
(i) your current energy service provider;
(ii) installers or resellers of 369 Labs' products; or
(iii) any other provider, supplier or installer of solar or energy related products or services provided to you.

4. Intellectual Property Rights

You agree not to remove or obscure any copyright or other proprietary notices or trademarks on the Emberpulse System. Title, ownership rights, and intellectual property rights in and to the 369 Labs System (including the software and hardware), and any copies or portions thereof, shall remain with 369 Labs. The 369 Labs System is protected by domestic and international copyright laws. The Emberpulse System is protected by granted and pending patents. Trademarks applied to the Emberpulse System are the property of 369 Labs or their respective owners and no rights to these trademarks are granted to you by these Terms and Conditions or by your use of the Emberpulse System. You agree and acknowledge that you must not license or permit the use by a third party of any intellectual property rights owned or licensed by 369 Labs or subsisting in the Emberpulse System (including without limitation any names, logos, trade marks, designs and patents), whether in a registrable form or not.

5. Software Warranty Disclaimer

Nothing in this document excludes or attempts to exclude any statutory warranty that cannot be excluded under law.

To the maximum extent permitted by law, 369 Labs provides the Emberpulse System software “as-is” and disclaims all warranties and conditions, whether express, implied, or statutory, including the warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement of third-party rights. 369 Labs does not guarantee any specific results from the use of the Emberpulse System. 369 Labs makes no warranty that the Emberpulse System software will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free.
You use the Emberpulse System at your own discretion and risk. You will be solely responsible for (and to the maximum extent permitted by law, 369 Labs disclaims any responsibility for) any and all loss, liability, or damages, including to your appliances, home, product, computer, mobile device, and all other items in your home, resulting from your use of the Emberpulse System.

6. Limitation of Liability

Nothing in this document excludes or attempts to exclude liability that cannot be excluded under law.

To the maximum extent permitted by law, in no event will 369 Labs be liable for any consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the Emberpulse System.

369 Labs' total cumulative liability arising from or related to the Emberpulse System, whether in contract or tort or otherwise, shall not exceed the fees actually paid by you to 369 Labs or 369 Labs' authorised reseller for the Emberpulse System in the prior 12 months (if any). This limitation is cumulative and will not be increased by the existence of more than one incident or claim.

7. $500 Emberpulse Saving Guarantee

Emberpulse is guaranteed to find you at least $500 in energy savings within the first 3 years of use. When Emberpulse identifies a saving opportunity, this recommendation will be sent to you.

Some examples of savings include identifying a better energy plan, diagnosing inefficiencies in and better use of your solar system and automating your energy usage. Other saving opportunities may be recommended to you.

Each recommendation sent to you by Emberpulse will include our scientific estimate of the financial saving which will be made when the recommendation is implemented and this will be based on your current energy data and your projected energy data over a future period appropriate to the type of saving opportunity being recommended. If, in the three (3) year period following installation of your Emberpulse (the guarantee period), the total value of all saving opportunities recommended to you does not equal or exceed $500.00, you may return the Emberpulse unit to us and we will pay you, in cash, any amount by which your identified savings fall short of $500.00.

The saving estimate will be made by us based on the best available household energy data collected by the Emberpulse and other third party databases. Calculation methodologies for the saving estimates are compiled by 369 Labs engineers and experienced data scientists and supported by your energy data and third party databases. All saving estimates, algorithms and calculations are developed with solid scientific and data based assumptions. The calculation methodologies, data and assumptions used to determine the saving estimate will be at the discretion of 369 Labs.

The value of all saving opportunity recommendations will be added to the total of all saving opportunities as determined by 369 Labs using data backed scientific algorithms developed by 369 Labs' team of engineers. Implementation of the actions needed to implement the saving opportunity will be at your discretion, except in cases where you have previously given permission for us to implement the recommendation, in which case we may implement such recommendations for you. Your implementation or otherwise of the saving opportunity will not affect the total of all saving opportunities used to determine that the savings guarantee has been met.

Payments made by us to you under the Solar Sentinel protection guarantee will be included in the total of savings found by Emberpulse.

This Emberpulse saving guarantee does not apply to Emberpulse installations in the Northern Territory or Western Australia.

This Emberpulse saving guarantee will not apply if you do not enter into Emberpulse details of your energy plan tariffs, including any controlled load tariff, or if you don’t keep those details up to date. The Emberpulse energy savings guarantee is only available for households who do not have a battery installed as part of their home energy system. During the 3 year period, should a battery be installed the $500 guarantee will no longer apply.

So that we can let you know about the savings opportunities that Emberpulse identifies for you, we need to be able to send you emails. We need a valid email address for you to which you allow us to send emails. Our privacy policy allows you to unsubscribe from our email communications at any time, and if you do so, we won’t be able to tell you about savings opportunities. This Emberpulse saving guarantee will not apply if you do not keep your email address current with us or if you unsubscribe to email communications from us.

In order for Emberpulse to work for you, Emberpulse needs to be powered on, and connected to Wi-Fi with an internet connection. This Emberpulse saving guarantee will not apply if these conditions were not met for a significant portion of the guarantee period.

This Emberpulse saving guarantee will not apply if, at any time during the guarantee period, you have the benefit of an energy plan which is not available to the general public, for example a staff discount provided by an energy retailer.

This Emberpulse saving guarantee applies only to the original purchaser and the first installation of Emberpulse. The guarantee will cease to apply if Emberpulse is installed in premises other than the original installation premises. A claim under this Emberpulse saving guarantee can be made by contacting us within three months of the end of the three year guarantee period. A claim will require the return of your functioning, undamaged Emberpulse hardware to us.

8. Solar Sentinel Protection Guarantee

Emberpulse monitors your solar system’s health constantly. If you do have a system outage, Emberpulse is guaranteed to notify you. If we don’t, we'll pay your lost solar earnings. We call this our Solar Sentinel protection guarantee.

We guarantee to notify you if your solar system suffers a failure causing a total outage of the solar generation monitored by Emberpulse at your premises for one calendar day. If we fail to notify you of such a total solar system outage within 4 hours, we will compensate you for your lost solar generation value. The period for which we will compensate you for lost solar generation value is defined as the period between the outage being detectable (that is, once the solar system has been failed for all the daylight hours of one day) and the time of your subsequent Emberpulse outage notification or your discovery of the outage by other means, whichever is earlier. Outages detected by other means must be validated by 369 Labs for the Solar Sentinel protection guarantee to apply

The compensation will be calculated by multiplying together:
• your solar system’s average daily kWh export*, multiplied by your feed in tariff
• your average daily kWh self-consumption of your solar system's generation*, multiplied by your consumption tariff
• your undetected outage days
(* calculated over the most recent continuous 7 day period for which Emberpulse has recorded data)

We will send all notifications via email to the email address which you provide to us via the Emberpulse portal. Notification of the outage will be considered to be given when we send the email.

To be eligible for the guarantee your Emberpulse must have been connected to your solar system by a party authorised by 369 Labs Pty Ltd. Your Emberpulse must have been powered on and connected to Wi-Fi with an internet connection for the entire duration of the outage, and the preceding 48 hours. The guarantee does not apply to any lost solar generation value caused by a failure of, or fault in, the grid supply to your property. This guarantee relates only to solar panel system generation value and excludes solar storage (battery) components. This guarantee is limited to $250 per customer, per year.

9. Best Energy Plan

Emberpulse analytics constantly assess the electricity usage of your home against electricity plans available from our commercial partners. When Emberpulse identifies that you can save money by changing electricity plans, we will contact you to arrange the energy retailer switch for you.

10. Smart Home Control

Smart home control functionality may require additional equipment. Emberpulse is compatible with a range of ZigBee and Wi-Fi enabled devices. This equipment is available for purchase at emberpulse.com

11. Limitations of the Emberpulse System

369 Labs does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Emberpulse System beyond those guarantees included in these Terms and Conditions. Actual energy savings and monetary benefits vary with factors beyond 369 Labs' control or knowledge, and you agree not to seek monetary or any other remedies, beyond those included in these Terms and Conditions, from 369 Labs, if your savings differ.

12. Further Information and Enquiries

If you require further information, or have any feedback, complaints or enquiries, or if you wish to opt out of receiving marketing information, please contact us by email at support@369labs.com.au.