Terms & Conditions

End-User Terms and Conditions for the Supply of Flexibility Technology Services and other services offered by Flex-Able Ltd

Effective Date: 1^st January 2024
Last Updated: 9^th May 2025

These End-User Terms and Conditions ("Terms") govern your use of the technology services (the "Services") provided by Flex-Able Ltd, a New Zealand company based in Ashburton. ("we", "us", or "our").

By accessing or subscribing to the Services, you ("you", "your", or "User") agree to be bound by these Terms. Your continued use of our Services, platforms, software, or hardware is deemed acceptance of the most current version of these Terms. We reserve the right to change these terms and conditions from time to time.

1. Service Description
Our Services help optimize your electricity usage based on your needs, grid needs, price signals, or carbon intensity by enabling flexible demand management through automated or manual responses.

Services may include:
Real-time or scheduled load shifting;
Monitoring and control of energy systems or devices;
Participation in grid flexibility programs or incentives;
Data analytics and reporting.

2. Eligibility and Registration
You must be the legal occupant, owner, or authorized agent of the premises where flexibility is enabled.
You are responsible for ensuring compatibility of any devices or systems you connect with our Services.

3. User Responsibilities
You agree to:
Where you agree to participate in a demand response program, you are responsible for maintaining your energy systems (e.g. HVAC, EV chargers, hot water cylinders) in working condition;
Notify us of any changes that affect your ability to provide flexibility (e.g. equipment upgrades, disconnection);
Ensure safe operation of all connected devices.

3A. Site-Specific Compliance and Operational Responsibility
You are solely responsible for ensuring that your site, systems, and operational practices comply with all applicable laws, regulations, codes of practice, and industry standards relevant to your activities and use of the Services.

We do not guarantee that the use of the Services will ensure compliance with any regulatory or industry requirements that may apply to your specific circumstances. You acknowledge and agree that:
It is your responsibility to assess and ensure the correct configuration, operation, and performance of your systems in connection with the Services;
Any failure to comply with industry-specific regulations or operational standards is at your own risk;
-We shall not be liable for any direct, indirect, or consequential loss or damage arising from your failure to meet such obligations.

4. Access and Use
Subject to your subscription plan, we grant you a non-exclusive, revocable right to use the Services.
We may provide software, APIs, or hardware interfaces that allow us to control or monitor certain loads.

You must not:
Tamper with software or devices used to deliver the Services;
Use the Services to manipulate market signals or cause harm to the grid;
Allow unauthorized third parties to access the Services.

5. Energy Data and Privacy
By using the Services, you authorize us to collect, use, and process your electricity consumption and device performance data.
We may share anonymized or aggregated data with utilities, aggregators, or energy market participants.
Our Privacy policy outlines how your data is handled.

We reserve the right to contact you from time to time by email, phone, or SMS as necessary to provide and support the delivery of our Services.

6. Flexibility Events
You may receive automatic or scheduled instructions to adjust your energy usage ("Flex Events").
Depending on your plan, participation in Flex Events may be voluntary or automatic.
We are not liable for any impact on comfort or operations resulting from Flex Events.

7. Third-Party Services
We may integrate with utilities, system operators, or other partners. You authorise us to act on your behalf where needed to enrol in demand response or flexibility programs.
Your participation may be subject to separate program terms and will be communicated to you ahead of time.

8. Fees and Payments
Subscription fees are billed annually and are non-refundable except as required by law.
You may be eligible for incentives or rebates for providing flexibility; such incentives are subject to availability and partner program rules and any payments or rebates will be communicated to you ahead of time for you to accept or decline participation in electricity flexibility programs.

8A. Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

8B. Credit Card Security

All payments are processed via STRIPE and are subject to STRIPE terms and conditions which can be found by contacting STRIPE. stripe.com/NZ

9. Service Changes and Termination
We may modify or discontinue parts of the Services with reasonable notice.
You may cancel at any time by contacting Us on 0800 359 797.
We may suspend or terminate your access for non-payment, breach of these Terms, or misuse of the Services.

10. Liability and Disclaimers
Services are provided "as is" and we make no warranties, express or implied.
We are not responsible for losses related to energy usage, bill impacts, or equipment failure.
Our total liability is limited to the amount paid by you in the last 12 months. Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.


10A. Service Interruptions and No Liability for Consequential Loss
While we strive to maintain uninterrupted access to the Services, you acknowledge that availability may occasionally be affected by factors outside our control, including but not limited to system failures, maintenance, outages, or interruptions caused by third parties.

We will make reasonable efforts to inform you of any significant service interruptions or anticipated downtime. However:
- We make no guarantees regarding the continuous availability or error-free operation of the Services;
- We accept no liability for any losses, damages, or disruptions, including business interruption, data loss, or consequential loss arising from any delay, suspension, or unavailability of the Services, whether or not we were aware of the possibility of such damages.

11. Governing Law
These Terms are governed by the laws of New Zealand, and any disputes will be resolved in the courts of New Zealand.

12. Contact Information
For questions, contact us at:
load@flex-able.co.nz or phone 0800 359 797