Terms & Conditions for battery + EV combination Beta testing

1. Introduction

1.1 These terms shall form the contract between you and Octopus Energy Limited
(company number 09263424) (“we”, “us”, “our” and “Octopus”) for the provision of
operating instructions to your battery.

1.2 The "Beta Program" refers to the voluntary testing program of our in-development smart battery product, using your battery and usage data. The purpose of this program is to testproduct and make improvements before general release. You understand that the product is not final and may contain errors, bugs, or other issues.

1.3 Your participation in this Beta Program is entirely voluntary, and you may withdraw at any time. If you choose to opt out of the beta testing, you may do so by de-authenticating your battery in the Octopus App.

1.4 No warranty: You acknowledge that the Beta Program involves pre-release features which are provided "as is" and "as available" for testing and evaluation purposes only. To the maximum extent permitted by law, Octopus disclaims all warranties and conditions, express or implied, regarding the Beta Program, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement including in relation to the analysis provided. Octopus does not guarantee that the Beta product will be free of defects, errors, or interruptions, or that it will operate at the performance or compatibility level of final, general-release product.

2. Eligibility

2.1 To be eligible to participate in the trial, you must:
2.1.1 be an Octopus customer; and
2.1.2 be on the Intelligent Octopus Go tariff for import and Outgoing Octopus for export; and
2.1.3 have a battery of a type approved by us; and
2.1.4 have permission from your local network to export to the grid via G98 / G99
certification.

3. Your Information

3.1 You agree to give us permission to integrate and connect with your battery using
your home wifi, in-built sim card, or other method as agreed between us.

3.2 You agree to give us permission to influence the times of operation of your battery.

3.3 You agree that we may collect data about your battery, including but not limited to
model, power consumption, operating preferences, any actions you take to operate these assets and how these assets perform. We will use this information to optimise your asset operations, send operating instructions to your battery to generate bills and our general research into the operation of similar devices.

3.4 While we will use reasonable efforts to charge your battery during the off-peak
period hours and discharge your battery to off-set as much home consumption
during the day-rate as possible (self-consumption), we do not guarantee any
specific energy savings or financial benefits from using the feature.

3.5 You agree that we may use any personal data that you provide to us in
accordance with our Privacy Policy which is available on our website at
https://octopus.energy/policies/privacy-policy/, and as set out in these terms.

4. Liability

4.1 We will not be liable to you for:

4.1.1 Any loss due to circumstances beyond our control (Force Majeure event);

4.1.2 Any loss which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contractor wasted expenses; any loss which was not or could not have been reasonably foreseen even if we, our employees, subcontractors or agents did not follow these terms; or

4.1.3 Any loss suffered as a result of the act or omission of a third party; and

4.1.4 Any losses that arise due to your act, omission, negligence or default;

4.1.5 Any wear of your battery, scheduling failure or other electric faults.

4.2 We do not limit or exclude liability for death or personal injury caused by our negligent
acts or omissions.

5. Complaints

5.1 You may make direct complaints to us by emailing us at complaints@octoenergy.com and we will do our best to resolve the issue with you.

6. General

6.1 We can change these terms and conditions at any time, which may include situations
where it is necessary for us to comply with any laws, or other rules that we are obliged to
follow.

6.2 We will inform you of any changes and the latest copy of our terms and conditions will
be available on our website.

6.3 We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover the charges) or obligations under these terms and conditions without your consent.

6.4 You may not transfer any of your rights under these terms and conditions without first
obtaining our written consent.

6.5 If we do nothing, or delay taking action, if you breach these terms and conditions, we will still be entitled to take action later if we wish.

6.6 Notices to you under these terms and conditions will be sent by post or hand to the billing address, or in the case of email to the last known email address that you have provided.

6.7 If any part of these terms and conditions are deemed invalid or is void or unenforceable, it shall not affect the rest of the terms and conditions.

6.8 These terms and conditions are subject to the laws of England and Wales and any disputes