smart charging
Terms
& Conditions

1. Introduction
   
   1. These Terms set out the agreement between So Energy Trading Ltd (“So Energy”, “we”, “us”) and you (“the customer”) for the use of our Smart Charging service (“the Service”).
      The Service uses automated charging technology delivered in partnership with Axle Energy and other approved third parties.
   2. By opting into the Service, you confirm that you agree to these Terms. We may update these Terms from time to time to reflect changes in law, technology or how the Service works. We will give you reasonable notice, and an opportunity to withdraw from the Service, if any changes are significant.
   3. The Service is provided as a trial service and is subject to ongoing testing, development and improvement. We may amend, suspend or withdraw the Service as it develops. Where we make a material change to the Service, or decide to withdraw it, we will provide you with reasonable notice where practicable. If you do not wish to continue using the Service following any such change, you may withdraw from the Service in accordance with these Terms.
2. Definitions
   
   1. Flexible Device – your electric vehicle or compatible EV charger connected to the Service.
   2. Smart Meter – a SMETS1 or SMETS2 electricity meter communicating via the DCC.
   3. Programme Operators – NESO, Distribution Network Operators (DNOs) or other organisations responsible for grid-balancing services.
   4. Grid Services – events, operated and/or managed by Programme Operators, used to help balance the electricity network.
   5. Technology Partner – Axle Energy Limited, or any other approved technology partner appointed by So Energy to help deliver the Service.
   6. Personal Data – as defined in data protection legislation applicable in the UK
3. About The Service
   
   1. The Service allows us to remotely set, adjust, and modulate the charging parameters of your Flexible Devices, as may be necessary or appropriate for meeting the preferences set by you as well as for the purposes of grid stabilisation and load balancing.
   2. To deliver the Service, So Energy and Axle Energy may adjust your charging start times, rates or charging duration. This is done by taking into consideration your charging preferences chosen as part of the service.
4. Eligibility, Enrolment and Service Fees
   
   1. In order to be eligible for the Service, You must:
      
      1. be a So Energy customer at the premises identified on your account
      2. have a fully working SMETS1 or SMETS2 Smart Meter communicating with the DCC;
      3. have a compatible EV, charger or other eligible Flexible Device;
      4. provide any consents reasonably required to operate the Service; and not be registered with another flexibility or smart-charging provider, or using any other service to control the charging of your EV, EV charger, or Flexible Device where this would prevent or interfere with the operation of the Service.
      5. If any of these conditions cease to be satisfied, the Service may not function correctly and/or we may withdraw the Service on giving notice to you.
   2. During the trial period, we may limit the number of customers who can access the Service. We may also restrict availability based on tariff type, meter type, device compatibility, operational requirements or other eligibility criteria.
   3. You may leave the Service at any time by using the relevant smart charging app, online journey or by contacting us at help@so.energy. If a cooling-off period applies to any paid element of the Service, we will explain this before you join.
   4. The Service may be provided free of charge. Depending on the tariff, offer, product or programme you have joined. Where a fee applies, we will tell you the amount, how it will be charged, and any relevant payment terms before you join or continue using the Service. Any applicable fee may be added to your So Energy electricity bill as a separate line item. The Service may be subject to eligibility requirements, fair usage policies or usage limits, which will be communicated before you join the Service.
5. Data Protection
   
   1. Smart Meter data‍
      
      1. We may use and share:
         
         1. half-hourly electricity consumption data;
         2. your MPAN and supply address;
         3. data required to baseline and measure charging behaviour.
         4. We will share participants’ email, address, Meter Point Administration Numbers, half-hourly metered energy consumption, energy export, Flexible Device measurements, usage information, records associated with installation and the commissioning process, and other information reasonably necessary to administer the Service, validate participation and comply with applicable market and regulatory requirements with our delivery partners, their group companies, and their authorised sub-processors, and Programme Operators, their affiliates and their authorised sub processors to provide the Service including to register participants in the Service, provide evidence of performance, and calculate payments to individual participants.
         5. We and our Partners could provide Programme Operators with half hourly electricity consumption, export, baseline and reduction data and the value of any incentives used in an aggregate manner, for the purposes of delivering the Service. In some cases, Programme Operators may request detailed half hourly data to audit performance and payment, which may include consumption and export data on an individual participant basis.
         6. Your half-hourly metered consumption data will be accessed and processed by our partners and their authorised sub-processors via the national smart metering systems, in accordance with the Smart Energy Code. We will only access and share your smart meter readings once you have provided your consent.
         7. If you have a smart meter, consent may be renewed every 18 months after initial verification. If moving from the previously consented address, you must opt-out of the Service as soon as possible, and at latest the date of moving.
         8. You may withdraw your consent to the sharing of your smart meter energy data at any time by withdrawing from the Service via the app or by contacting us at help@so.energy. Withdrawal of consent will not affect any data already shared or processed lawfully prior to withdrawal, or any data we are required to retain to meet legal, regulatory, or audit obligations.
         9. We and our Partners and/or authorised sub-processors shall retain settlement calculations and data regarding your participation in the Service as per the terms of each market operators’ program rules for up to seven years.
   2. Device data
      
      1. We may collect and share data from your EV or charger, such as:
         
         1. charging session information,
         2. plug-in times,
         3. charging rate,
         4. battery state of charge (where supported)
   3. How the data is used
      
      1. Your data may be used to:
         
         1. schedule and optimise charging;
         2. participate in Grid Services;
         3. validate charging performance;
         4. support billing and customer service.
   4. Legal basis‍
      
      1. Your data is processed under a combination of:
         
         1. performance of a contract, to provide and operate the Smart Charging Service;
         2. legitimate interests, to maintain and improve the Service;
         3. legal obligations, where required under applicable energy and Smart Metering regulations.
   5. Who we share data with‍
      
      1. We may share your data with the following parties, only where necessary to deliver the Service:
         
         1. Axle Energy, our smart-charging technology partner, and their authorised subprocessors;
         2. Device manufacturers, where required to enable charging control or telemetry;
         3. Programme Operators, such as NESO or Distribution Network Operators (DNOs), where participation in Grid Services requires data submission;
         4. Authorised So Energy suppliers and service providers, supporting the operation of the Service.
         5. Each recipient is required to process your data securely, confidentially and in accordance with applicable data protection law
   6. Data role and responsibilities
      
      1. For the purposes of data protection law:
         
         1. So Energy acts as the Data Controller for all Personal Data processed to deliver the Smart Charging Service.
         2. Axle Energy acts as a Data Processor, processing Personal Data strictly on So Energy’s instructions and only for the purposes of providing the Service.
         3. Other third parties act either as Data Processors on So Energy’s behalf or as independent Data Controllers (for example, Programme Operators).
         4. So Energy remains responsible for determining how and why your Personal Data is used in connection with the Service.
         5. For further information on how So Energy processes your personal data, please refer to our Privacy Notice at https://www.so.energy/privacy
6. Your Responsibilities
   
   1. You agree to:
      
      1. keep your EV or charger online and connected;
      2. keep your Smart Meter fully operational;
      3. update us if you change EV, charger, or home address;
      4. allow the Service to control charging unless you manually override it.
   2. You may manually override smart charging at any time, including by using a “Boost” or equivalent immediate-charge function.
   3. Where you choose to manually charge outside the scheduled smart-charging periods:
      
      1. the electricity used will be charged at the standard rate applicable to your electricity tariff at the time of use;
      2. such charging may not be eligible for any off-peak rates, credits or rewards associated with the Smart Charging Service.
   4. If you regularly override smart charging, including by boosting every charge session, this may:
      
      1. reduce or remove any benefit from the Service;
      2. result in higher charging costs compared to smart-scheduled charging; and
      3. limit or exclude eligibility for any credits or rewards linked to smart charging performance.
7. Service Limitations
   
   1. Smart charging may change the time your vehicle charges.
      
      1. We are not responsible for issues caused by:
         
         1. your device going offline;
         2. power cuts or broadband failures;
         3. unsupported EV or charger models;
         4. manual overrides; or
         5. loss of potential rewards
      2. which are not caused by negligence on our part.
   2. We will use reasonable care and skill in providing the Service. However, charging outcomes may be affected by factors outside our control, including connectivity issues, charger availability, power outages and manual overrides.
   3. To the fullest extent permitted by law, So Energy accepts no responsibility or liability where your vehicle does not reach an expected state of charge, regardless of whether smart charging is enabled, overridden, or supported by your device.
   4. We do not guarantee any savings of electricity charges from the use of the Service.
8. Liability
   
   1. Nothing in these Terms limits liability for death, personal injury or fraud.
   2. We provide the Service with reasonable skill and care, but we cannot guarantee uninterrupted operation.
   3. We are not responsible for:
      
      1. business losses,
      2. EV battery degradation,
      3. missed charging caused by factors outside our control,
      4. indirect or consequential loss or damage of any nature.
9. Suspension, Changes or Withdrawal of the Service
   
   1. We may suspend, restrict, change or withdraw the Smart Charging Service (in whole or in part) at any time, including on a temporary or permanent basis.
      
      1. This may include situations where:
         
         1. the Service is paused, amended or ended as part of a trial or pilot;
         2. we make changes to tariffs, systems or underlying technology;
         3. a technical, operational, regulatory or security issue arises;
         4. continued operation of the Service is no longer commercially or operationally viable;
         5. we are required to do so by a regulator, network operator or other third party.
      2. We may also suspend or remove your individual access if:
         
         1. your smart meter or device stops communicating;
         2. your device becomes incompatible with the Service;
         3. information you have provided is inaccurate or out of date;
         4. you move to a tariff or property where the Service is not available.
   2. Where reasonably possible, we will give you notice of any suspension or withdrawal. However, we are not required to provide advance notice where immediate action is necessary.
10. Termination
    
    1. You can leave the Service at any time by notifying us.
    2. If you switch away from So Energy or move home, the Service will end automatically.
    3. If you withdraw consent to accessing your smart meter data, your participation in the Service will be terminated.
    4. Termination does not affect any rights or obligations that have built up before you leave the Service.
11. General
    
    1. These Terms are the entire agreement for the Service.
    2. We may transfer our rights under these Terms within the So Energy group.
    3. If any part of these Terms is found to be invalid, the rest still applies.
    4. These Terms are governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction in respect of any matter or claim arising under or in connection with the Service or these Terms.
    5. Nothing in these Terms affects your statutory rights.

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