Our relationship with you
These ClearWatt Terms and Conditions (the " Terms"), together with our
ClearWatt Privacy Notice set out the rules which cover our relationship with you when you use the ClearWatt App, Website (www.clearwatt.co.uk) and Services. They explain our responsibilities and yours, and how you can use the ClearWatt service. These apply to you if you use the ClearWatt service 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.
You should also remember that these aren't a complete list of all your or our rights or responsibilities, as there might be others under general law. If you want more information about your general rights as a consumer, contact a consumer advice organisation, such as the Citizens' Advice Bureau.
Who we are
We're Future Motion Solutions Ltd ("Future Motion") and we own and provide the ClearWatt brand and service (“ClearWatt”). Where we say "we" "our" or "us" in this document, that's usually who we mean. We might also mean anyone that might take over our business or we transfer our business to in the future. If you have any questions , get in touch and we'll explain.
References to "you", "your" and the “customer” means you, the natural or legal person who uses the ClearWatt service. These Terms set out your agreement with us in relation to the use of the ClearWatt App, they do not create any relationship or agreement between you and any other person (including our affiliates and third-party service providers).
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 mobile application (the "App") including analysis of your electric vehicle’s battery performance based on data collected via the App. ClearWatt helps you to understand your vehicle’s battery ageing behaviour as well as the expected range. You are asked to perform a series of drives in your vehicle with the App running passively in the background. We request that you share some data about the vehicle’s battery each drive, as well as provide supporting evidence via your smartphone’s camera or a car-connected app.
Following payment and a final check and approval of the results, ClearWatt issues you with a unique digital report (“Report”), providing a full analysis of your battery’s current operating performance.
In addition to the Report, ClearWatt provides a comprehensive range of online tools designed to assist customers in transitioning to electric mobility, such as ownership guide and EV search and comparison tool. 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.
How it works
Once you have installed the App on your smartphone and provided the App with the necessary permissions to access your location and smartphone usage information, the App will use functionality of your smartphone such as the accelerometer, compass and GPS readings to determine the conditions of a drive in a vehicle (a " Drive").
You should review the Drives that the App has recorded and contact us if you think that the details are inconsistent.
Once you have undertaken enough Drives and the final check and approval of the results has taken place, these inputs will be used to issue your ClearWatt Report which will be emailed to you in a PDF format within 7 days of receiving payment. We may, at our discretion, provide you with tools and insight as to how you can improve your results whilst performing Drives.
Price and Payments
The price of the ClearWatt service is as quoted on the App. If applicable, prices include VAT. Prices are liable to change at any time but changes will not affect services from which you have already undertaken and submitted enough Drives for the creation and approval of the Report.
You can pay the fee for ClearWatt service on the App through Stripe payment. By using the ClearWatt service you are opting into the use of Stripe as the payment method and you grant us permission to initiate payments on your behalf.
We charge you when the final check and approval of the Report´s results have taken place. This means that if you have undertaken and submitted enough Drives but the final check and approval have not been undertaken, a holding charge will take place on your bank account and the final payment will be taken only when the final check and approval is completed.
For further information on how your personal data is used by ClearWatt, please see our Privacy Notice.
Your responsibilities
You understand and confirm that:
- you are 18 or over and that 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 App.
- you are a real, live person and you are not accessing our services for someone else
- you complete Drives in the United Kingdom using a vehicle registered in the United Kingdom.
- you will not interact with the App whilst you are driving a vehicle, and you must enable permissions as requested by the App (such as your location and camera) in order for the App to operate correctly. ClearWatt bears no responsibility for accidents or injuries caused by irresponsible driving whilst using the App.
- you will report Drives where you were the driver accurately and honestly – if you attempt to manipulate your Report´s results or otherwise use the App fraudulently or dishonestly, we may immediately and without notice end your use of the App 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 your vehicle.
- if applicable, you agree to the provided Publisher Licence Agreement.
- 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
You will indemnify ClearWatt against any and all complaints, claims, actions and/or demands that we may suffer as a result of any breach of your obligations or warranties under these Terms.
You undertake to indemnify ClearWatt for any loss suffered by us and to pay all costs, charges and/or judgments that we may incur as a result.
Report Results rejection rights
Notwithstanding any provision to the contrary, we reserve the right to reject or refuse approval of Report's Results at any time for unclear, inconsistent and inaccurate information, fraudulent and dishonest behaviours. Examples of when we might do this include if:
- we suspect that you have behaved fraudulently or dishonestly, and
- you have submitted data and information, including but not limited to photographs and text inputs, that are deemed 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 we exercise our right to reject or refuse approval of Report´s Results, we will notify you of our decision, detailing the reasons for such refusal or rejection.
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 approval of your Report.
Data Usage and Sharing Rights
Notwithstanding any provision to the contrary, ClearWatt reserves the right to use, share, distribute, and publish Report Results or parts of the Report Results, both publicly and with third parties.
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 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.
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. 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.
Unless you 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 refuse to provide you with access to the App, 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 do this include if:
- we find out or have reason to believe you are in breach of these Terms (for example, if you have provided information which is not accurate and honest);
- you're rude or threatening to our staff;
- we decide to stop offering the ClearWatt service;
- we have reasons to believe your use of our services is unlawful or you are breaching our Acceptable Use Policy (as described below). We will try to give you reasonable notice of any refuse or termination.
Please note that if you delete your ClearWatt account, this will prevent future sharing of this 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 information in accordance with our Privacy Notice. For more information, please see our Privacy Notice.
Our Acceptable Use Policy
When you're using the ClearWatt service (including the App) you must not do any of the following things. If you do or if we have reason to believe you either have done or will do, we may refuse to provide services to you temporarily or permanently or we may take other action against you (including legal action).
Some of these things are unlawful. Where this is the case (or we believe it may be the case) we may disclose your identity, your activities and other information we hold about you to law enforcement agencies.
1. The email address you provide to us for the purpose of our communications with you must be personal to you and relate to an email account you control.
2. You must not, and you must not allow another person to, use the App (including any content or materials on them) or the ClearWatt service:
a. in any way that doesn't comply with any applicable local, national or international law or regulation or in a way that is inconsistent with these Terms;
b. to allow Drives being recorded through your ClearWatt account which were not driven by you;
c. in any way that is deceiving or fraudulent, or has any fraudulent purpose or effect;
d. to access or interfere with another person's account or information, impersonate another person, or create or use a false identity or email address;
e. to harm or attempt to harm any other person in any way;
f. to make any unsolicited or unauthorised communications, including of advertising or promotional material ("spam");
g. to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of the App, any computer systems, equipment, software or networks on or through which the App is stored or operated;
h. to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of the App or the ClearWatt service;
i. to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in the App, including any software comprised in it, the content or the services provided through it;
j. to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search the App or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools);
k. in any way that is not authorised by us or is detrimental to us or our third party service providers.
3. You must not, and you must not allow another person to:
a. modify your ClearWatt Report;
b. knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other 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 to become unavailable for use by others (including via any form of denial-of-service attack);
c. 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;
d. 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;
e. modify, copy, retransmit, sell, compile, or transfer a Report or any information set forth in the Report;
f. remove, obscure or modify any trademark, copyright, or any other notice set forth in the Report;
g. access without authority, interfere with, damage or disrupt any part of the App, any software, the server or other equipment or network used in the provision of the App (including where owned or used by any third party);
h. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the service;
i. Interact with the App while driving a vehicle you must always drive vigilantly in accordance with traffic laws.
4. You may:
a. 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.
5. We do not allow:
a. any refunds after the issuance of a Report.
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 or our services in breach of our Acceptable Use Policy.
Making changes to our Terms or Services
These Terms were last updated on 17/07/2023. We may change these Terms, the App and the ClearWatt services at any time. We will notify you of any changes to our Terms by sending you an email notification, by posting a notice on the App, or in any other manner we deem appropriate. Once notified, your continued use of the App 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 the se Terms and that constitute a mere update of information, 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.
Accuracy and non-reliance on information
Any information provided to you as part of our services is only as accurate, complete and up to date as the information supplied to us by you or the third party we use to obtain this information. We don't check the information we receive from you or third parties for accuracy, currency or completeness.
We don't assume responsibility for the timeliness, accuracy of data for Reports, fitness for a specific purpose, deletion, non-delivery or failure to receive or store any user information, communications or personalisation settings.
We may change the content or functionality of the 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 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 App or any content on it 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.
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, any content on it or services accessed through them, whether express or implied.
We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, inability to use or unavailability of, the App (or any part of it), websites linked to it, or our services;
- use of any products, data, information or services accessed or obtained or messages received or transactions entered into, through or from the services obtained or accessed through the ClearWatt service including use of or reliance on any content displayed on or made available through the App;
- unauthorised access to or alteration of your transmissions or data, except where attributable to us; or
- any inaccuracy or incompleteness of any information received by you or by us through the App or as part of the ClearWatt service.
We do not warrant the future performance of your vehicle’s battery nor do we accept any responsibility for inaccurate assessment of the battery’s health. The results provided in the Report are based on the information and/or data submitted by you, ClearWatt is not responsible for any dissatisfaction or disagreement with the results. You acknowledge and agree that any use of the Report is at your own risk.
The range prediction assessment provided 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 educational and 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 warrant the future performance of the vehicle’s battery, nor do we accept any responsibility for the completeness, accuracy or reliability of the range estimates provided.
We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms.
We do not offer refunds for any reason relating to dissatisfaction with the results contained in the Report issued upon completion of the ClearWatt service. You understand that the results provided in the Report are based on the information and/or data submitted by you, and that ClearWatt is not responsible for any dissatisfaction or disagreement with the results. By making a purchase, you waive any right to a refund based on dissatisfaction with the results contained in the Report.
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.
If you download the App or other digital content provided by us and you suffer damage to your device or other digital content you own and this is caused by our failure to use reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights. We do not charge you a separate fee for access to and use of the ClearWatt service. On this basis, our total aggregate liability for any losses and/or damage suffered by you will be limited to ÂŁ100. However, we will not be liable for damage that you could have avoided by updating and implementing the minimum system requirements and measures.
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, Trojan horses, worms, software bombs or other damaging items resulting from your use of our W ebsite 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.
Intellectual Property Rights
All intellectual property rights in the App and Website, in the material published on the App and Website and in its component systems 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 App or any other content we provide to you as part of the ClearWatt service.
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 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 or including 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 App and the services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the service meet your requirements.
We shall not be liable for any delay or failure to provide our services or perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.
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.
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, together with our ClearWatt Privacy Notice 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 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 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 24 hours after email or posting.
Disputes and applicable law
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.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
