Beesley Energy terms

1. Who we are and what the words mean

1.1 "We", "us" and "our" mean Stephen Morris-Beesley, trading as Auto Tech Wiring, ABN 51 995 959 039, South Australia. Email [email protected].

1.2 "You" means the person who accepts these terms. If you accept for a business, you confirm you can bind it.

1.3 "Beesley Energy" means the Beesley Energy software for Home Assistant, the Beesley Energy phone app, the licence server, and any updates we provide.

1.4 "Your Home Assistant" means the Home Assistant installation you run, at one property.

1.5 "Home Assistant" means the open-source home automation software from the Open Home Foundation and its contributors. "Integrations" means the add-ons and integrations you install into it, such as inverter, battery, EV charger, tariff and weather integrations, whether from HACS, the Home Assistant store or elsewhere. "Other services" means any other online service Beesley Energy can use, such as your electricity retailer or a forecast provider. Together these are "Third-Party Services".

1.6 "Your Equipment" means the solar, battery, inverter, EV charger, car, hot water, heating, cooling and other equipment you connect to Your Home Assistant.

1.7 "Network operator" means the company that runs the poles and wires to your property. "Export limit" means the most power you are allowed to send back to the grid. "Two-way charging" means sending power from a car battery to the home or grid.

2. Licence, subscription and your account

2.1 What you get. We give you a non-exclusive, non-transferable licence to use Beesley Energy with one Home Assistant installation at one property, for your own household or business use. You may move it to a replacement installation or hardware at the same property. For a different property, contact us.

2.2 What you must not do. You must not copy, sell, rent, share your licence key, reverse-engineer, or remove licence checks in Beesley Energy, except where the law allows it (for example, the Copyright Act's rules on interoperability and on making your own data readable). Nothing here stops you reading, exporting or deleting your own data.

2.3 Open-source software. Beesley Energy works with open-source software that has its own licences. Those licences apply to that software and are not changed by these terms. A list of the software, its licences and copyright notices is in Settings > Licences.

2.4 Price and renewal. Beesley Energy is a monthly subscription. The price shown at checkout includes GST. It renews automatically each month until you cancel. We email you 7 days before the first renewal and 7 days before later renewals if the price or terms change. You can cancel online in your account at beesleyenergy.com/account at any time, and it stops at the end of the month you have paid for. If you ask within 30 days of first paying, we refund the full amount. This is in addition to your rights under the Australian Consumer Law.

2.5 Transfer. If you sell the property, you may transfer your licence once to the new owner by telling us, if they accept these terms.

2.6 Ownership. We own Beesley Energy and its content. You own your data and your equipment. These terms do not transfer ownership of either.

2.7 If our licence server is down. Beesley Energy keeps working for up to 14 days if it cannot reach our licence server. It warns you in the app and by email 14 days before a licence check would fail, so you have time to fix it.

2.8 Feedback. If you send us ideas, you allow us to use them without payment. We will not publish your name or your data.

2.9 Free month. Your first month is free, once for each Home Assistant installation. If you start your free month in the app, you don't need to give card details: it starts when you accept these terms in the setup wizard, and nothing is charged unless you subscribe. To keep using Beesley Energy after the free month, subscribe on our website before it ends. We remind you by email and in the app 7 days before it ends. If you do not subscribe, Beesley Energy keeps running for 3 more days, then stops making changes as clause 4.6 describes. If you subscribe on our website, you give card details at checkout, and you're not charged until your free month ends. If you cancel before then, you are not charged. If your installation has already had its free month, there is no free period and your first payment is taken at checkout.

3. How you accept these terms

3.1 Two steps. You accept by ticking the box on the first screen of the setup wizard, and by ticking the box at checkout when you subscribe, each time after seeing a summary and a link to the full terms. Ticking in the wizard also starts your free month (clause 2.9). The terms apply from whichever tick comes first. If a step fails or you close the window, nothing is accepted at that step.

3.2 If you do not accept. If you do not accept in the wizard, Beesley Energy does not run and no free month starts. You have not paid anything at that point. If you have already paid, for example when you reinstall or when new terms appear under clause 3.4, press Request refund on the exit screen and we refund the full amount within 5 business days, whether or not you used it.

3.3 Records. We keep a record of your acceptance: terms version, a fingerprint of the exact text, date and time with time zone, your account ID and the tick state. You can see it in Settings > Legal. We keep it as long as we need to prove acceptance, up to 7 years after your licence ends.

3.4 New terms. When we change these terms we show the screen again and give you at least 30 days' notice. Until the notice date, the old terms apply. After that date, if you have not accepted the new terms, Beesley Energy stops making changes to your equipment (see clause 4.6) and you may cancel for a refund of the unused part of your current month.

4. What Beesley Energy does and does not do

4.1 It works through Home Assistant. Beesley Energy reads and writes entities (sensors and controls) that Home Assistant and your Integrations provide. It does not connect to your equipment, inverter, battery, charger or car directly, and it does not hold your logins to their makers' clouds.

4.2 Schedules and grid limits. Beesley Energy changes schedules, such as when to charge, discharge or heat. On equipment that allows it, it can also change your grid export and import limits, but only within the limits you entered or that your installer or network operator set. It does not change protection settings in your equipment. You enter your breaker size and export limits, and Beesley Energy never asks equipment to go beyond them.

4.3 Forecasts are estimates. Beesley Energy uses forecasts of prices, weather, solar and your own use. They are uncertain. We take due care and skill in building and running Beesley Energy, but we do not promise a particular saving, bill, battery level or car charge. Any savings figure we show is an estimate based on the method and baseline shown beside it.

4.4 Your car. Beesley Energy tries to have your car charged to the level you set by the time you set, but cannot guarantee it. If you must have the car ready, charge it yourself.

4.5 Not a protection device. Beesley Energy is not a safety, protection, alarm or compliance device. Your equipment's own protection, your switchboard protection and your installer's settings do their jobs without it. Network operators may reduce or switch off your export or charging, and Beesley Energy cannot override that. Do not rely on Beesley Energy for medical equipment, life support, or anything where a failure could hurt someone.

4.6 If Beesley Energy stops. If it loses its connection, you stop it, or your licence or terms acceptance ends, it tries to send neutral settings first (the settings that hand control back to the equipment's own mode), then stops making changes. Some equipment or integrations may keep the last setting, or ignore the request. Settings > Equipment behaviour lists what we know for each supported device. You can switch Beesley Energy off in Settings at any time, and you can always control your equipment yourself.

4.7 Remote disable. We can switch off Beesley Energy's writing to equipment for all users or a group if we find a safety or security problem. We will tell you in the app and by email.

5. Your responsibilities

5.1 Your equipment, your risk. You are responsible for the safe installation, settings and use of Your Equipment. You choose to let Beesley Energy change schedules on it. Where the law allows, you use Beesley Energy at your own risk, subject to clause 7.

5.2 Check your setup. Check the limits you enter, the supported-integrations list (clause 6.4), and the equipment behaviour list. Check that Beesley Energy is doing what you expect, especially after any update.

5.3 Licensed work. Changes to wiring, protection settings or grid connection settings must be done by a licensed electrician or your installer. Beesley Energy does not replace them. If your equipment has a manufacturer warranty or a network connection agreement, you should check that automated control is allowed.

5.4 Who may accept. You must be 18 or older. You must own the equipment or have the owner's or landlord's consent. If others use your home or system, you are responsible for telling them Beesley Energy is running.

5.5 Acceptable use. You must not use Beesley Energy to break the law, interfere with the grid or a network operator's controls, attack Third-Party Services, or share your licence key.

5.6 Tell us about problems. Please tell us promptly at [email protected] if Beesley Energy does something unexpected, or if there is an injury or near miss. We may ask for logs. We never ask for your passwords, tokens or API keys. Do not send them to us.

5.7 Support logs. If you send us logs for support, they are used only to help you and are deleted after 90 days. Remove anything private you do not want us to see.

6. Third-Party Services

6.1 Home Assistant. Home Assistant is made and run by others. We are not part of the Open Home Foundation, and Beesley Energy is not endorsed by it. Home Assistant's name and logo belong to its owners.

6.2 Integrations. You install Integrations yourself and sign in to them with your own accounts. Their makers are responsible for them. Beesley Energy only uses what they expose.

6.3 Other services. Retailers, tariff and forecast providers, and others have their own terms and prices. You must follow their terms. If you need your own key or plan for a service, you must get it.

6.4 Supported list. We publish a list of Integrations and equipment Beesley Energy can use at beesleyenergy.com/supported. Others may work, but we do not support them.

6.5 Provider plans. Some free plans (for example for weather or solar forecasts) limit commercial use or how often you can ask. Check the plan you use is allowed for your use, and that it appears on the supported list.

6.6 Change or outage. Third-Party Services can change prices, features or access, or go down. We are not responsible for that, but see clause 9.6 for what we do if one stops working with Beesley Energy.

7. Your consumer rights and our responsibility

7.1 Your rights. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits those guarantees or any other right you cannot give up.

7.2 Major failures. For a major failure, you are entitled to cancel and get a refund, or to keep Beesley Energy and be compensated for the drop in its value. A major failure is one described in section 260 of the Australian Consumer Law, for example where Beesley Energy is so different from what we described that you would not have bought it, or it is unsafe, or it cannot be fixed within a reasonable time. For other failures, we will fix the problem within a reasonable time, and if we do not, you can cancel and get a refund for the unused part. You can also claim compensation for other reasonably foreseeable loss or damage.

7.3 Our limits. To the extent the law allows, and subject to clauses 7.1 and 7.2, we are not responsible for loss or damage that Beesley Energy did not cause or contribute to, including loss caused by Your Equipment, Home Assistant, Integrations, other services, the power grid, your internet, or your settings. We remain responsible for loss or damage caused or contributed to by Beesley Energy itself, or by a setting that Beesley Energy sent. Where the law allows us to limit our liability for goods or services not ordinarily bought for personal, domestic or household use, we limit it, at our choice, to resupplying the software or paying for it to be resupplied.

7.4 Estimates. Forecasts, savings figures and car-ready times are estimates, not promises (clause 4.3). That does not excuse us from taking due care and skill.

7.5 Business use. If you use Beesley Energy in a business, you may still be a consumer under the Australian Consumer Law, including where you spend less than $100,000. The guarantees apply to you in that case.

7.6 Manufacturers. Your rights against the makers of your equipment, car, inverter or battery are separate from these terms. Check their warranties before you let any software control their equipment.

7.7 Our warranty text. The following notice is required by the Australian Consumer Law Regulations because we offer a 30-day refund. It applies to goods and services supplied by us: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel the contract for the service and obtain a refund for the unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

7.8 Support. We provide support by email at [email protected] on business days, and aim to reply within 2 business days. Updates that fix security or safety problems are free while your licence is active.

8. Privacy and your data

The Privacy Policy at beesleyenergy.com/privacy has full details. In short:

8.1 Where your data lives. Your energy readings, settings, location and car-departure habits stay on your own Home Assistant. They are not sent to us. The acceptance record is kept on our licence server and on your system.

8.2 What we collect. We collect your name, email, licence key, billing and order details (held by Stripe), the Beesley Energy version, which terms version you accepted, and licence-check information. If you opt in, we also receive error reports containing an error message, the software version and equipment types. Error reports do not include your location, third-party accounts or energy readings.

8.3 Phone app and relay. The app talks to your own Home Assistant. If you use Home Assistant Cloud or a remote-access method, that provider carries the traffic. Push notifications use Apple's or Google's service, which receives the notification text.

8.4 Why we use it. We use personal information to provide and bill your licence, support you, keep Beesley Energy secure, meet legal duties, and improve it using opt-in error reports. We do not sell it or use it for advertising.

8.5 Marketing. Service messages (renewal, security, changes to terms) contain no promotion. We send marketing only if you separately opt in, and every marketing message has an unsubscribe link.

8.6 Overseas. Our licence server and payment provider (Stripe) may store data outside Australia.

8.7 Access, correction and complaints. You can ask to see or correct your personal information, or ask us to delete it, by emailing [email protected]. We reply within 30 days. If you are unhappy, you can complain to us (clause 10.2), and then to the Office of the Australian Information Commissioner.

8.8 Security. We take reasonable steps to protect your information, including encryption in transit and limiting who can see it.

8.9 Data breaches. If a data breach is likely to cause you serious harm, we will tell you and the regulator as the law requires.

8.10 Automated decisions. Beesley Energy decides what schedules to send using the settings and forecasts above. It does not make decisions that significantly affect your legal rights.

8.11 Data deletion. When your licence ends we delete or de-identify your account information within 90 days, except what we must keep for tax, legal or dispute reasons. Data on your own system stays with you.

9. Changes, suspension and ending

9.1 Changes to Beesley Energy. We may update Beesley Energy, add or remove features, and stop supporting old versions or equipment. If a change is materially worse for you, we tell you 30 days ahead where we can, and you may cancel for a refund of the unused part of your current month.

9.2 Changes to these terms. We may change these terms for reasons such as law changes, new features, security, or changes to Third-Party Services. We give notice under clause 3.4. A change does not remove your rights under the Australian Consumer Law.

9.3 Price changes. Clause 2.4 sets the price, renewal and cancellation. We give at least 30 days' notice of a price rise by email. If you do not agree, you can cancel before it starts without penalty.

9.4 You may cancel. You may stop using Beesley Energy and cancel at any time, as clause 2.4 describes. If you cancel, Beesley Energy stops as in clause 4.6.

9.5 Our right to suspend or end. We may suspend or end your licence if you seriously breach these terms (for example by sharing your licence key or using Beesley Energy unlawfully), or if the law or a safety problem requires it. Unless it is urgent, we first tell you what the problem is and give you 14 days to fix it, and you can ask us to review our decision. We refund the unused part of your current month if the end is not your fault.

9.6 If a Third-Party Service stops working. If an Integration or service you rely on stops working with Beesley Energy, we will tell you in the app, try to fix it within a reasonable time, and refund the unused part of your current month if we cannot.

9.7 What continues. Ending your licence does not end clauses that by their nature continue, including clauses 2.3, 2.6, 4.5, 5.1, 7, 8, 9.7, 10 and 11.

10. Support and complaints

10.1 Support. See clause 7.8.

10.2 Complaints. Tell us at [email protected]. We acknowledge it within 2 business days and aim to resolve it within 15 business days. If you are not satisfied you may contact Consumer and Business Services SA or the ACCC, or your state or federal fair trading body, and you may still go to a court or tribunal.

11. General

11.1 Law. These terms are governed by the law of South Australia. Courts of South Australia are not the only courts you may use. You may also use any court or tribunal that has authority where you live. This does not take away your rights under the Australian Consumer Law.

11.2 Electronic notices. We may give notices by email, in the app, or on your account page. You agree to tell us if your email address changes. We show important notices in the app as a banner as well as by email.

11.3 The whole agreement. These terms, the checkout summary and the Privacy Policy are the whole agreement between us about Beesley Energy. If a statement we made before you accepted is more favourable to you than these terms, the more favourable one applies. Nothing in this clause excludes statements that would be misleading or deceptive.

11.4 If part is invalid. If part of these terms is unenforceable, it is read down as far as needed, and the rest stays in force.

11.5 Assignment. We may transfer our rights to a business that takes over Beesley Energy if it keeps your rights and these terms. You may not transfer yours, except as clause 2.5 allows.

11.6 Events outside our control. We are not in breach if we are delayed by something outside our reasonable control, such as a storm, a grid failure or an internet outage. This does not excuse us from the Australian Consumer Law guarantees.

11.7 Contact. Stephen Morris-Beesley, trading as Auto Tech Wiring, South Australia. ABN 51 995 959 039. Email [email protected]. Website beesleyenergy.com.