Terms of Service

1. Introduction

   1. Ngenic Energi AB, reg. no. 556369-7977, Kungsgatan 41, 753 21 Uppsala, (“Ngenic”), provides the services Tune, a dynamic thermostat for water-based heating systems that enables control of heat consumption, and AirPatrol, a system that enables control of heat pumps and air conditioning, including, for both Tune and AirPatrol, where applicable, associated Equipment (as defined in Section 5.1 below). The following terms and conditions (“Terms”) apply to the Tune and AirPatrol services and associated Equipment (collectively, the “Service”). By activating a user account with Ngenic (“the Account”) and accepting the Terms, the service user (“the User”) and Ngenic enter into an agreement (“the Agreement”) that entitles the User to use the Service(s) specified in the order confirmation in accordance with these Terms and the order confirmation. The order confirmation for the Service constitutes an integral part of the Agreement. Ngenic and the User are referred to individually as a “Party” and collectively as the “Parties.”
   2. By certifying that the User has read and agrees to the Terms, the User accepts that his or her rights and obligations with respect to the Service are governed by the Terms and undertakes to comply with them. By accepting the Terms, the User represents that the User is authorized to enter into the Agreement and that the User is acting on their own behalf and is not representing anyone else in the contractual relationship.
   3. These Terms apply only in cases where the User enters into an agreement directly with Ngenic. For Users who enter into an agreement for the Service with a reseller, the terms set forth in the agreement with the reseller apply instead.
      
      

2. The Position

   1. Through the Service, the User is provided with a tool to, among other things, manage their heating and/or energy consumption, in accordance with the order confirmation and these Terms and Conditions.
   2. The user gains access to the Service and the Account through a mobile application, website, or other Internet-based platform (the “App”).
   3. Ngenic strives to provide the Service 24 hours a day, seven days a week. However, Ngenic does not guarantee that the Service will be free of errors or interruptions during this time.
   4. From time to time, Ngenic performs maintenance and upgrades on the Service, which may result in interruptions or errors in the Service. Ngenic strives to always provide advance notice of scheduled maintenance, but cannot guarantee that such notice will always be provided. In addition, the Service may contain errors and “bugs” that can lead to interruptions and malfunctions. The User agrees that Ngenic may contact the User to collect the information necessary to identify and correct errors in the Service.
   5. Ngenic reserves the right to make changes to the functionality and/or packaging of the Service. Ngenic will notify the User of any such changes in writing within a reasonable time, but no later than 30 days before the change takes effect. If the User does not wish to accept the change, the User has the right, at no additional cost and no later than the day the change takes effect, to terminate the Agreement, effective at the end of the period for which the User has paid for the Service. Termination pursuant to this section does not entitle the User to a refund of fees already paid for the Service. Ngenic reserves the right to implement such changes with immediate effect if required for security reasons or to comply with laws, regulations, or rules.
   6. The functionality of the Service and the User’s access to the Service depend on third-party services (such as Internet service providers). Ngenic is not responsible for such services or providers, nor for the payment of any fees to such providers.
      
      

3. Requirements for Using the Service

   1. To use the Service, the User must create an Account. When registering the Account, the User is required to provide accurate and complete information. During the term of the agreement, the User is also required to update this information if it changes. If any information is incorrect or incomplete, Ngenic has the right to terminate the Account and suspend the User’s access to the Service.
   2. The technical requirements that Ngenic imposes on the User’s heating system and other equipment are specified in the App or on Ngenic’s website (the “Website”). Any changes to the technical requirements will be communicated to the User in accordance with Section 15.1.
   3. The Service's functionality requires that the User ensure the Equipment and any other hardware have continuous access to the Internet.
      
      

4. Support and Maintenance

   1. Ngenic normally provides support for the Service (including Equipment) through the channels and during the hours specified on the Website from time to time. However, Ngenic does not provide support for other equipment or services.
   2. Support related to errors in the Service is provided free of charge by Ngenic to the User. However, Ngenic has the right to charge reasonable compensation in accordance with Ngenic’s then-current price list for support (i) resulting from the User’s own equipment not meeting the requirements specified in the Agreement, and/or (ii) to the extent that support is required because the User fails to cooperate reasonably with Ngenic as specified in the Terms or elsewhere.
   3. The User shall, if necessary, grant Ngenic—or a party designated by Ngenic—access to the residence or premises for troubleshooting, maintenance, installation, or removal of the Service and/or Equipment. The User and Ngenic shall agree on a time for such work. The User shall cooperate in connection with such work and, if Ngenic so requests, be physically present during such work.
      
      

5. Equipment

   1. The functionality of the Service requires the use of and connection to specific hardware (“Equipment”) that is made available to the User through a rental agreement. The Equipment is the property of Ngenic, and Ngenic reserves ownership of the Equipment.
   2. With respect to the Equipment, the user agrees to:
      
      1. take good care of the Equipment and refrain from tampering with or manipulating it;
      2. not to sell, rent, lend, pledge, or otherwise transfer or unlawfully dispose of the Equipment, or take any other action that would jeopardize Ngenics’ rights to the Equipment;
      3. ensure that the Equipment is not damaged by destructive pulses transmitted through connected power or signal cables (e.g., as a result of a lightning strike);
      4. not to incorporate the Equipment into any other object in such a way that Ngenics’s rights to the Equipment are jeopardized or cannot be asserted against third parties; and
      5. Store the equipment securely to prevent unauthorized access.
   3. Defective Equipment will be replaced or repaired at no cost to the User, provided that the defect was not caused by the User or by anyone for whom the User is responsible. For replacement or repair in cases where the defect was caused by the User or by someone for whom the User is responsible, or for the replacement of Equipment if it has been lost or stolen, the User shall reimburse Ngenic for the costs of repair, replacement, and/or replacement of the Equipment, in accordance with Ngenic’s price list in effect at the time. Stolen Equipment must be reported to the police, and a copy of the police report must be sent to Ngenic.
   4. If the Agreement terminates, the User must return the Equipment to the recipient designated by Ngenic within thirty (30) days of the Agreement’s termination. Any costs associated with the return shall be paid by the User. If the Equipment is not returned within this period, Ngenic has the right, at the User’s expense, to seek judicial assistance or take other similar measures to recover the Equipment, or to charge the User the cost of the Equipment in accordance with Ngenic’s current price list. The User shall compensate Ngenic for any Equipment that is not returned, is damaged, or is stolen, in accordance with Ngenic’s current price list.
   5. The provisions of this Section 5 apply only to Equipment that forms part of the Service and that is provided to the User as part of a subscription with Ngenic. Components, equipment, accessories, and other hardware that the User has purchased separately or already owns are not covered by this Section 5.
      
      

6. Fees and Payment

   1. Information regarding the fees applicable to the Service at any given time is provided on the Website.
   2. Recurring fees for the Service are paid in advance at the frequency specified in the order confirmation. Fees are paid by card or another selected payment method. Where applicable, the User is responsible for providing the correct OCR number or similar when making a payment. If Ngenic does not receive full payment by the due date, Ngenic has the right to charge late payment interest in accordance with the Interest Act, a reminder fee for a written payment reminder, and, where applicable, debt collection costs. Reminder fees and debt collection costs are charged in accordance with the Act on Compensation for Debt Collection Costs, etc.
   3. The user may, where applicable, choose to upgrade the Service. In such cases, the fee may be adjusted or additional fees may apply. Information regarding applicable fees and payment terms is provided at the time of ordering and/or in connection with the upgrade of the Service and thereafter in accordance with Section 6.1, or, where applicable, in a separate agreement or other applicable terms and conditions.
      
      

7. Price Changes

   Ngenic has the right to adjust the fees for the Service at any time. Ngenic will notify the User of any such price changes in writing within a reasonable time, but no later than 30 days before the price change takes effect. If the User does not wish to accept the price change, the User has the right, at no additional cost and no later than the day the price change takes effect, to terminate the Agreement, effective at the end of the period for which the User has paid for the Service. Termination pursuant to this section does not entitle the User to a refund of fees already paid for the Service. Ngenic reserves the right to implement price changes with immediate effect if required for security reasons or to comply with laws, regulations, or rules. The User will not be affected by the price change during the notice period.
   
   

8. Data Integrity & Security

   1. The user is required to follow Ngenics’ current procedures and instructions for creating passwords and other login credentials, which can be found on the Website.
   2. The user agrees to ensure that usernames, passwords, and other login information for the Service (“Account Information”) are stored in such a way that unauthorized persons cannot access or unlawfully use the Service. In the event of loss of Equipment or if there is a risk that the Equipment or the Service is being used or may be used by unauthorized persons (e.g., if Account Information is lost or disclosed), the User is obligated to immediately report this to Ngenic’s customer service so that Ngenic can block the User’s Account and/or access to the Service.
   3. Once Ngenic has received the notification described above, Ngenic is responsible for costs incurred as a result of unauthorized use, provided that the User does not:
      
      1. acted in a fraudulent or negligent manner;
      2. has voluntarily disclosed a Security or allowed another person to use it; or
      3. otherwise lost or disclosed a Valued Document and failed to report this to Ngenic immediately upon discovery.

      Notwithstanding the foregoing, the User remains responsible for paying the applicable fees for the Service in accordance with this Agreement.

   4. To protect the User and Ngenic from unauthorized use of the Service, Ngenic has the right to suspend the User’s Account and/or access to the Service if there is suspicion that Equipment or Account Information has been disclosed, lost, or stolen, or if there is otherwise reason to believe that an unauthorized person is using the Service.
   5. If the User’s Account and/or access to the Service is suspended, the User must contact Ngenic’s customer service. Ngenic will restore access to the User’s Account and/or access to the Service as soon as Ngenic has verified that no unauthorized person has access to the Service or Account information. The User is not entitled to a fee reduction for the period during which the User’s Account and/or access to the Service was suspended.
   6. For information on how Ngenic processes personal data, please visit https://ngenic.se/dataskydd.
      
      

9. User Guidelines

   1. The user agrees to follow the recommended guidelines for using the Service, which may be published in the form of user manuals, FAQs, or other materials from Ngenic or an Ngenic-approved partner.
   2. The user further agrees that, when using the Service, they will not engage in activities that (a) are illegal or encourage illegal acts, including but not limited to infringement of another party’s copyright; (b) involve malicious software such as “malware,” Trojan horses, or viruses, or otherwise alter users’ experience of the Service; (c) impede or interfere with the operation of the Service, or that are intended to identify vulnerabilities in the Service or in the underlying infrastructure; (d) are intended to breach the security systems of Ngenic and/or its subcontractors; or (e) in any way violate the Terms, in Ngenic’s reasonable judgment.
      
      

10. Intellectual Property Rights

    1. Provided that the User complies with all the terms and conditions of this Agreement and pays all applicable fees on time and in full, Ngenic grants the User a non-transferable, time-limited license to use the Service.
    2. The User is not permitted to (i) transfer, sublicense, copy, publish, or distribute the Service; (ii) allow third parties to use the Service; (iii) transfer any rights the User has obtained under these Terms; (iv) circumvent any of the technical restrictions of the Service; (v) decompile or otherwise disassemble or reverse engineer the Service; (vi) manipulate measurement data; or (vii) interact with the Service through scripts, software, or other automated processes without Ngenic’s approval.
    3. The User is the sole owner of any data that the User provides to Ngenic in or through the Service (“User Data”).
    4. The user grants Ngenic a worldwide, royalty-free, irrevocable, and non-exclusive right and license to store, copy, modify, transmit, display, analyze, aggregate, and (i) use User Data to provide, modify, upgrade, improve, and update the Service; verify and analyze the User’s use of the Service; create new services and design offers; (ii) use aggregated User Data in connection with marketing, and (iii) share aggregated or pseudonymized User Data with third parties for Ngenic’s business purposes, including to enable more effective algorithms and controls.
    5. The User acknowledges that Ngenic uses third-party data processors in connection with the provision of the Services and agrees that, notwithstanding anything to the contrary herein, Ngenic may transfer, store, and otherwise process User Data using such third-party processors for the purpose of providing the Services to the User.
    6. Notwithstanding the provisions of this Section 10 of these Terms and Conditions, nothing in the Agreement shall affect a Party’s rights to its existing patents, copyrights, trademarks, trade names, design rights (whether registered or unregistered), proprietary information, code, algorithms, design documents, drawings, plans, or any other intellectual property rights, whether registered or unregistered (“Intellectual Property Rights”), know-how, or data owned or controlled by a Party as of the effective date of this Agreement or developed by a Party outside the scope of the Service and without reliance on the other Party’s materials or information (“Background IP”), nor shall it be construed as granting any license to such Background IP unless expressly stated herein.
    7. Notwithstanding any other provisions of this Agreement, the User acknowledges and agrees that User Data and all other information provided by Ngenic under this Agreement, hereinafter collectively referred to as “Service Data,” may be proprietary and contain valuable trade secrets belonging to Ngenic. The User is expressly prohibited from using Service Data, whether directly or indirectly, for the following purposes without the prior written consent of Ngenic:
       
       1. develop, train, or improve—or attempt to train, develop, or improve—machine learning algorithms, artificial intelligence algorithms, or other similar models based on the Service Data provided;
       2. assist, facilitate, or in any way contribute to the training, development, or improvement of machine learning algorithms, artificial intelligence algorithms, or similar third-party models using the provided Service Data; or
       3. develop, attempt to develop, or help others develop competing products, services, or technologies that use or are based on the Service Data provided.
    8. The User shall ensure that all Service Data is used exclusively for the User’s personal use and is not disclosed to any third party, except as expressly authorized by Ngenic or as otherwise required by law.
       
       

11. Limitation of Liability

    1. Under no circumstances shall Ngenic be liable for any damage resulting from circumstances beyond Ngenic’s control, which Ngenic could not reasonably have been expected to have foreseen at the time the Agreement was entered into, and the consequences of which Ngenic could not reasonably have avoided or overcome, such as atmospheric or technical disruptions, damage inflicted on the User by a third party, labor disputes (whether or not involving Ngenic’s personnel), lightning strikes, power outages, fire, explosion, war, riots, floods, severe weather, natural disasters, or acts or omissions by government authorities or other parties for which Ngenic is not responsible. Ngenic is exempt from the obligation to fulfill certain obligations under the Agreement for as long as such circumstances persist.
    2. Ngenic’s liability does not include indirect damages, increased costs, or other losses arising from the use of or inability to use the Service, to the extent permitted by applicable law. Due to the high complexity and variation in the operating conditions of the Service, Ngenic cannot guarantee reduced energy consumption, lower energy costs, or otherwise “optimal” energy use.
    3. Ngenic is not liable for any damage resulting from the User’s failure to comply with the guidelines set forth in Section 9.
    4. If the User discovers a defect in the Service that is not attributable to the User (including the User’s digital environment and the conditions specified in Section 3 above), or to anyone in the User’s household who uses the User’s account, the User is entitled to have the defect remedied. Ngenic is responsible for the costs of remedying the defect if the defect is attributable to Ngenic. The User’s right to report defects expires two (2) months after the Agreement has terminated. If the User does not notify Ngenic of defects in the service within the aforementioned timeframes, the User will lose the right to have the defect rectified.
    5. Ngenic reserves the right to charge the User for any costs incurred in rectifying errors attributable to the User as described above.
    6. Please note that the User is required by law to cooperate with Ngenic to enable Ngenic to investigate whether the cause of the error lies with the User. If the User does not cooperate to a reasonable extent, the User is instead responsible for proving that the error is attributable to Ngenic.
       
       

12. Term of the Agreement and Termination

    1. This Agreement is valid until further notice. The User has the right to terminate this Agreement at any time and close their Account via the App, the Website, or by email to support@ngenic.se, effective at the end of the period for which the User has paid for the Service, provided that no other notice period applies under these Terms. Please note that termination under this section does not entitle the User to a refund of fees already paid for the Service.
    2. Ngenic has the right to terminate the Agreement subject to a two (2) month notice period (and taking into account any prepaid fees for future periods).
    3. Ngenic has the right to suspend the User’s access to the Service and/or terminate the Agreement with immediate effect if the User fails to pay the applicable fees for the Service and does not do so within a reasonable time after receiving a reminder to that effect.
    4. Ngenic has the right to suspend the User’s Account, terminate the User’s access to the Service, and/or terminate the Agreement with immediate effect, if it comes to Ngenic’s attention or Ngenic otherwise has reasonable grounds to believe that the User is using the Service or the Account in violation of the Agreement or applicable laws or regulations, and the User does not cease such conduct despite being notified thereof.
    5. In individual cases, the term of the agreement and the notice period may differ from what is specified in these Terms if Ngenic and the User have reached a specific agreement on the matter.
       
       

13. Right of Withdrawal

    1. If the User has entered into the Agreement remotely or outside of business premises, the User has the right to withdraw from the Agreement, provided that the User notifies Ngenic of this within 14 days of the Agreement being entered into (the so-called cooling-off period).
    2. The right of withdrawal may be exercised by using the Swedish Consumer Agency’s standard form, which is available at www.konsumentverket.se
    3. If the User exercises their right of withdrawal, the User must return any Equipment to Ngenic or to a party designated by Ngenic at their own expense. Equipment should be returned along with the original packaging and all accessories (such as manuals, cables, etc.).
    4. If the User exercises their right of withdrawal, Ngenic shall refund the amount the User has paid to Ngenic. However, the refund need not be made until Ngenic, or a party designated by Ngenic, has received any Equipment from the User or the User has provided proof that the Equipment has been returned.
    5. If the User exercises their right of withdrawal, the User shall compensate Ngenic for any decrease in the value of the Equipment to the extent that such decrease is attributable to the User having handled the Equipment to a greater extent than was necessary to determine its characteristics or function.
    6. This Section 13 applies only to Users who are consumers, not to Users who are business owners.
       
       

14. Transfer

    The User may not transfer any rights or obligations related to the Service or to their Account to another party without Ngenic’s written consent. Ngenic has the right to transfer, in whole or in part, its rights and obligations under this Agreement to another party without the User’s consent.
    
    

15. Miscellaneous

    1. Written notices from Ngenic to the User shall be drafted in Swedish or English and published in the App and/or sent via email to the email address the User has provided for their Account. A notice sent to the User in this manner shall be deemed to have been received by the User no later than the following day. The User hereby agrees that information required by law and other information regarding the User’s legal rights and obligations, as well as information concerning the Service, may be sent to the User electronically. The User further agrees that the User’s electronic signature shall have the same legal effect as a handwritten signature.
    2. Ngenic has the right to make additions and amendments to the Agreement from time to time. The User shall be notified of such amendments or additions no later than 30 days before they take effect. If the User does not accept the notified amendments or additions, the User has the right to terminate the Agreement as specified in Section 12.1. If the User has not notified Ngenic that the User does not accept the amendments or additions no later than the day before the date on which the amendments or additions take effect, the User is deemed to have accepted them.
    3. Ngenic has the right, with immediate effect, to make any additions or amendments to the Service and/or the Agreement that are required by law, regulation, or a decision by a government agency.
    4. Any dispute regarding the interpretation and application of this Agreement that cannot be resolved through negotiation between the Parties shall be settled in a Swedish court in accordance with Swedish law. The User may also contact the municipal consumer advisory service for guidance or refer the dispute to the Swedish National Board for Consumer Complaints (“ARN”), in cases where ARN has jurisdiction. In the case of cross-border purchases of services or components via Ngenics’ website, the User may also contact the European Commission’s Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr.
    5. The user has the right to submit a complaint in writing to Ngenic. Contact information for Ngenic is available at Ngenic.se.

These terms and conditions are effective as of July 16, 2025, or as of August 22, 2025, for existing users.