General Terms of Use for End Users - Metry | Metry

General Terms of Use for End Users

Updated on the 18th of November 2019

These general terms and conditions apply for the use of Metry (the “Service“) which is run by Metry AB (the ”Supplier”) and govern the relationship with our users and end-users and how we collect and use information about our users and end-users. By using information, functions and tools available in connection with the Service, the End-User (as defined below) consents and agrees to these general terms and conditions. The End-User is solely responsible for his or her login information to the Service. The Supplier’s webmaster is not responsible for any content created by the End-User.

1 Definitions

User” – A legal person, real estate company, energy company, chain of stores, consultant or any other organization.

End-User” - A physical person who is an employee at a User, or who has otherwise been invited by User as a collaborator, and who has an account with login information to the Service.

Meter Owner” – A legal person which is responsible for a Metering Point and the values collected from Metering Point. Examples include electricity grid companies, district heating companies and real estate owners .

Metering Point” – A general term for a place where any kind of utility is measured. This is also referred to as facility id and point of delivery. The ID of a Metering Point is not changed in case of meter exchange.

Meter” – Same as Metering Point.

Utility Meter” — A Metering Point which the User has a subscription for.

Sub-meter” – A Metering Point for which the Meter Owner is the same as the User or the owner of the building in which the Meter is located.

Cancelled Meter” – A Metering Point which the User previously has had access to, but, which in accordance with instructions from the Meter Owner no longer shall be available to the User. One example is in case of a move-out from the real estate in which the Metering Point is located. The User cannot see any Metering Value for Cancelled Meters.

Device” – The physical unit for the Metering Point.

Utility” – What the Metering Point measures, e.g. electricity, district heating, water, gas, or district cooling.

Inventory” – Establishing which Metering Point that belongs to a certain user, i.e. checking which subscriptions that are active.

Reading” – A value which is registered after reading the Meter at a given point in time.

Metering Value” – A value which specifies usage or metering position.

Consumption Value” – A value which specifies usage of a utility for a certain period. The period is always a full month, a full day (24 hours) or a full hour, based on the time zone in which the Metering Point is located.

Unit” –An Entity can be described by several different units, e.g. kWh, MWh or TWh.

Physical quantity” – For example energy, flows and temperature.

Customer Pages” – A web page where the User with the help of authentication information can obtain information about its energy use. For example, ”My pages” at an energy company.

Third Party Developer” – The party which the User wishes to share its Metering Value with, e.g. a real estate system or a mobile application visualizing the Metering Value.

2 Description of the Service

The Service is a digital platform which is used for collecting energy data and connects the User with actors which offer energy-saving services or products in different ways. The Service includes, but is not limited to, automatic collection of Metering Values and similar information from energy companies and subscribers, uploading of Metering Values, sharing, collaboration, export and supervision of Metering Values that are missing.

3 Rights to Information Available in Connection with the Service

All contents in the Service, such as graphics, images, logotypes and software are protected by the Supplier’s copyright (or the copyright of a third party). The contents of the Service may not be used to a further extent than what follows from the functions in the Service or which is explicitly allowed in accordance with these general terms and conditions. All information which is uploaded to, transferred by, made available to the public or is included in the User’s area in the Service shall be and remain the property of the User or whomever is the legal owner of such information.

4 Processing of Personal Data and Metering Values

The Supplier protects the End-User’s personal integrity and complies with those laws and regulations which exist to protect it. Only a limited number of persons with specific authorization and who work directly with the Service have access to the personal data connected to the End-User. The personal data are processed both manually and by computers.

The personal data of the End-Users (e-mail address, name, telephone number, login information, personal security number, IP-address, and postal address) and account information will be processed and stored for the following purposes:

  • Verify the identity of the End-User, e.g. in connection with the login process
  • Adapt contents and offers to the End-User and the User
  • Analyse patterns of aggregated behaviour in order to further develop the Service
  • Supply the Service

The Supplier may use subcontractors in order to fulfil a number of different functions such as e.g. marketing and technical services for the Service. These subcontractors may in certain situations obtain access to personal data if this is necessary to perform a certain task on behalf of the Supplier, in which case a data processing agreement is entered into between the Supplier and the subcontractor. The Supplier processes all personal data in accordance with the Supplier’s privacy policy and the subcontractors may only use personal data in connection with their performance of tasks on behalf of the Supplier.

Subcontractors do not have the right to save personal data once the task is completed and do not have the right to use them for any other purpose than fulfilling its services for the Supplier.

The Supplier makes no ownership claims whatsoever on the User’s or End-User’s Metering Data. The End-User is notified that the User, however, in exchange for the Services provided, provides a non-exclusive, irrevocable, global and royalty-free license to the Supplier to all to all Metering Data connected to the User in order to be able to make different types of analyses of the Metering Values.

The End-User’s personal data are stored and processed for the purposes specified above in accordance with the Supplier’s privacy policy.

The End-User has the right, at his or her own request, to be unregistered from the Service and thereby have all personal data deleted, by sending an e-mail to support@metry.io, unless the personal data must be processed in accordance with a legal obligation.

5 The End-User’s Obligations (Including Misuse)

The End-User is responsible for keeping his or her password secret. The password in combination with the user name constitute the End-User’s login information to the Service.

The End-User is not allowed to use login information for other persons and log in to a server or an account not intended for the End-User.

The End-User is always responsible for his or her own account, regardless if it has been used by someone else, with or without permission from the End-User.

It is prohibited to copy any other End-User’s login information, use such information or transfer such information. If the End-User should discover that someone has used his or her login information, please notify customer service immediately.

The End-User is responsible for providing correct user information when the End-User registers an account at the Service. It is not permitted to provide false information about oneself or any other End-User.

End-Users in breach of this general terms and conditions may at any point in time, and without any prior warning, be terminated from the Service and in connection herewith, the account will be deleted.

The End-User is notified of the following process: The User may not on its own initiate an order of Metering Values in direct contact with the utility company where the Supplier is the receiver of values. The User must use the routines decided by the Supplier. In case of an order of Metering Values, a power of attorney is required, in accordance with a template provided by the Supplier. If the power of attorney is not correctly provided, the User has a time period of three (3) months to correct this. If this is not corrected, the order is terminated and will be invoiced.

6 Confidentiality and Security for Metering Values

The Supplier is responsible for that collected Metering Values and other data are treated with confidentiality, and will not provide specific data to any other party with the exception of the following situations:

  1. The End-User him- or herself
  2. The User
  3. A third party where the User or End-User has provided its, his or her consent or shared its, his or her Metering Values with
  4. The person responsible for the Metering Point (if this is someone other than the User)
  5. Employees at the Supplier or the subcontractor’s employees in situations where this is necessary in order for the Supplier to provide the Service.

The Supplier will use the collected Metering Values for the following purposes:

  1. To provide the Service to the User;
  2. To address information about the Service to the User and End-User;
  3. To administer and develop the Service further;
  4. To make individual adaptations of the Service;
  5. To provide the User with relevant information, such as e.g. Metering Values that are missing, estimations, comparisons, alarm or any adapted offers; and
  6. To aggregate User and End-User data which may result in insights based on the data, comparisons of data, estimated values etc.; data in aggregated format may be made available to the public.

7 Collection of Metering Values

On a general level, the Supplier’s responsibility for collecting data is dependent on a working Service, which, among other things, requires that the User has provided all requested information to the Supplier. The Supplier has no general responsibility for access to a third party or such third party’s possibilities to publish, present or send Metering Values.

In connection with the collection of Metering Values from Customer Pages, it is the responsibility of the User and End-User to:

  1. Provide all information which is required by the Supplier at any given point in time
  2. Ensure that the login information is valid for the Customer Page in question
  3. Ensure that the User and End-User has the authority to use the login information and provide them in connection with the Service

The Service collects Metering Values and utilities that are currently supported. What utilities that are supported may vary between different Customer Pages and information about this is provided on the web page of the Service on an ongoing basis. Historical data are collected by reasonable efforts. The Service is only intended to collect Metering Values which form the basis for invoicing. Estimated data are not collected, unless otherwise agreed.

The collection of data normally takes place once a month, or once every 24 hours if Metering Values from the last month are missing. Other patterns for collection of Metering Values may occur.

The Metering Points and its Metering Values which have been collected are made available to the User and End-User through the Service. If a Metering Point disappears from the Customer Pages at a later point in time, it will continue to be active in the Service but will be marked as Cancelled. A Meter can also be marked as Cancelled if the Supplier receives information that the User no longer has an active subscription.

The collection of data in the Service are provided on an “as is” basis. For the sake of clarification, collection of data from Customer Pages are also encompassed by the limitations of liability in these general terms and conditions.

In case of collection of Metering Values from Sub-meters, it is the responsibility of the User to provide the Service with the information required, and to configure the units or services such as sending or publishing Metering Values in accordance with the instructions from the Supplier.

The User is always considered to be the Meter Owner for Sub-meters and manually read Metering Points. In the capacity of Meter Owner, the User is thus responsible to appoint person(s) responsible for monitoring, communication and field operations. The Supplier does not offer these services, unless otherwise agreed.

In order to collect data from utility companies, the Supplier offers various levels of SLA depending on different subscription types and choices of add-on services. The extent, prices and terms for SLA for such data are specified in the product information valid from time to time.

8 Costs and Payment Terms

Costs and payment terms are regulated in the agreement between the Supplier and the User.

9 Availability and Errors

The Supplier aspires to that the Service shall be free of technical errors, virus and spam, but cannot and does not warrant this.

The Supplier cannot and does not warrant that the Service will work without error in all situations. Some functions may be closed for repair, or be out of order for any other reason. No compensation will be awarded in such cases.

The Supplier does not warrant that information/registration information published by the End-User will be saved.

The Supplier does not warrant that the information received from the Service is correct or complete.

The End-User is hereby notified that the information presented from the Meter Owner shall always have precedence over any information presented through the Service and other services from Third Party Developers. This concerns, for example but not limited to, information about consumption or costs.

10 Limitation of Liability

The Service is provided ”as is” and is used by the User and End-User at its, his or her own peril. The Supplier takes no responsibility for the User’s and/or End-User’s opinions or actions at or based on information received through the Service, and shall in no event be liable for indirect or direct damages or losses, or damages due to loss of data, faulty computers, suspended activities, or anything else caused by the use of or lack of use of the Service, or which has arisen in connection with the Service.

The Service may include links to other web pages/information services belonging to third parties. The Supplier shall not be liable for this information, or for the accuracy thereof.

The Supplier’s total maximum liability shall in no event exceed 15 price base amounts (according to Swedish law).

11 Termination

These general terms and conditions shall apply from the date on which the End-User has accepted these terms by ticking the allocated box in connection with the creation of the account, and shall apply for as long as the User’s agreement with the Supplier is in force, after which it shall be automatically terminated.

12 Cookies

The Supplier uses cookies for visitation statistics and login of End-Users. A cookie is a small text file which is stored at the End-User’s computer. Cookies are normally used in order to improve the experience of a web page for the End-User, e.g. in order to adapt a web page in accordance with the End-User’s wishes and choices. A permanent cookie is stored at the End-User’s computer for a specific time period. A session cookie is stored temporarily during the time during which a visitor is visiting a certain web page. Session cookies are deleted when the web browser is closed.

13 Miscellaneous

The End-User has no right to transfer, sublicense or in any other way transfer any of his or her rights in accordance with these general terms and conditions.

This agreement supersedes and replaces any and all prior agreements, negotiations, arrangements and understandings, whether or not in writing, between the parties with respect to the subject matter of this agreement.