Glow and Hildebrand Terms & Conditions of Use

Definitions

CAD (Consumer Access Device) also known as a Type II Device

Includes In Home Displays (IHD) and non display CADs

DCC (Data Communications Company)

The DCC manage the network that underpins the SMETS2 meter infrastructure

DCC Other User

A role within the Smart Energy Code that allows approved third parties to retrieve consumption and tariff data on behalf of an energy consumer with appropriate verification and consent and join/remove Type II devices to the HAN

MPxN

Unique identifiers for electricity meters (MPAN) and gas meters (MPRN)

Smart Energy Code

The Smart Energy Code (SEC) is a multi-Party agreement which defines the rights and obligations of energy suppliers, network operators and other relevant parties involved in the end to end management of smart metering in Great Britain. Visit SECAS web site to access the document.

SECAS (Smart Energy Code Administrator)

SECAS administer the SEC.

1. Introduction

The Glow service (which includes the Bright application) is provided for either your personal or your organisation’s use subject to the following Terms & Conditions of Use. By registering with the service, you agree that you have read and accepted these terms. These Terms & Conditions of Use reflect widely used common sense practices in using similar internet services; our users must observe these rules governing their use of any Glow service.

2. Information about Glow

Glow is a technology platform that powers applications including Bright, Smart Tariff Comparison, Assure and Glowmarkt. Glow is wholly owned and operated by Hildebrand Technology Ltd (“Hildebrand”). Hildebrand is registered in England with a registered trading address of 56 Conduit Street, London W1S 2YZ. Hildebrand’s Company Number is 05577050 and the VAT number is 872 434 711.

Bright is an application designed to help people understand and manage their energy consumption. Bright is wholly owned and operated by Hildebrand.

Other applications that you might be able to use are found at Glowmarkt, the Glow app store. Glow compatible hardware is sold at https://shop.glowmarkt.com/.

3. Registering with Glow

3.1 Registered Glow user

With a registered Bright account, you can use the Bright mobile app that is available through the Apple App Store and Google Play Store. To register with Bright you provide your email address and set a password; these pieces of information are your login credentials. Your email address is also your username.

3.2 Glow user

A Glow user is someone who can access their data through any of the Glow services (including, but not limited to, Bright and glowmarkt.com) the Glow API or via MQTT. To use the API you need an account with a Glow compatible application (Bright is an example of a Glow compatible application).

4. Your account

You are responsible for maintaining the confidentiality of your username and password and must take all reasonable steps to keep it confidential. If your security is breached tell us immediately (email support@glowmarkt.com) and we will cancel or reset the security credentials on your account. You can change your account details at any time by logging in to the application and editing your profile as required.

You may cancel your account with the Glow services by contacting us via email at support@glowmarkt.com or by post to our registered address: 56 Conduit Street, London W1S 2YZ. It may take up to five working days after the receipt of your request to process your cancellation. We will remove your account from the Glow system on request. We will delete your data from the Glow system on request.

5. Your data

By using a Glow service you consent to the collection and use of information by Hildebrand. We may collect and store any of the following:

• An encrypted copy of your Glow platform username and password
• If you have Glow hardware, the unique identifier of your Glow device (we will use this to provide you with support if required)
• Information about how you interact with Glow or any of our Glow powered applications
• If you are using smart meter based services:
  • the unique identifier for your electricity and/or gas supply known as your MPAN for electricity and MPRN for gas (collectively MPxN)
  • your energy consumption (current and historic)
  • the price (standing charge and rate) set on your meter(s)
• For domestic customers with a smart meter, for the purposes of identifying you and verifying your right to access data on the smart meter, we will have collected one of the following from you as part of our verification process:
  • Your MPAN, post code and GUID of your In Home Display, or
  • A copy of an electricity and/or gas bill, photo identification, a self recorded video and your name and address. This information will only be used for verification and then securely archived for audit purposes.
• For non-domestic customers with a smart meter, for the purposes of identifying you and verifying your right to access data on a smart meter, we may have collected the following from you as part of our verificaton process: A copy of an electricity and/or gas bill, photo identification, your name and your organisation's name. This information will only be used for verification and then securely archived for audit purposes.
• Information about how you interact with Glow or any of our Glow powered applications

6. Service Description

There are two elements to the service: applications (mobile – Bright is an example, and web based – glowmarkt.com is an example) and the data service delivered by the Glow platform. To use the mobile applications you need a user account and an Apple or Android smartphone or tablet running a compatible version of the operating system. To use Glow, you need to have a user account.

Customers with compatible smart meters (enrolled into the DCC) who have used a SECAS approved Glow solution to verify their identity and provide consent, can use a Glow service to retrieve their half hourly consumption and tariff data from their energy meter(s) without a Glow CAD. Where data is sourced directly from the smart meter(s) without a Glow CAD, data is retrieved from your smart meter(s) via the industry network (DCC) to provide consumption and tariff data to help you manage your energy. To ensure your data privacy we may access the technical configuration of your smart meter and what devices are connected to your smart meter as part of our verification process.

If you have a Glow CAD that is connected to the internet and has been joined to your smart meters, Glow services will publish consumption data at the frequency the energy meter(s) updates.

Unless we state otherwise, any new services added to Glow will be subject to these Terms & Conditions of Use.

6.1 Electricity consumption monitoring

If your electricity meter is compatible (enrolled into the DCC), and communicating with the Communications Hub connected to your electricity meter, Glow publishes your electricity consumption and allows you to monitor your usage in kWh.

6.2 Gas consumption monitoring

If your gas meter is compatible (enrolled into the DCC), and communicating with the Communications Hub connected to your electricity meter, Glow publishes your gas consumption and allows you to monitor your usage in kWh.

6.3 Monitoring cost of consumption

If you have a compatible smart meter, your energy tariff(s) is/are also retrieved to calculate the cost of consumption by applying the standing charge and rate(s) that are found on the smart meter. In some cases your energy supplier may not have updated the price found on the smart meter, in which case we encourage you to contact your energy supplier to update the tariff information on the smart meter. The cost shown may also differ to what you are billed depending on discounts, surcharges or other adjustments your energy supplier may make.

6.4 Glow compatible hardware

Variously known as the Glow hub, the GlowStick, the Glow CAD and the Glow IHD/CAD are a range of Glow compatible devices which capture energy consumption data from either a smart meter or other hardware devices including sub meters, clamp(s) and transmitter. Environmental sensors capture data about temperature and humidity that is stored on the Glow platform.

6.5 Glow service access via API constraint

Users who access the Glow service via API are requested to not query the instant API more often than once every 10 seconds. We reserve the right to block access to users who violate this request.

6.6 Glow service access via MQTT constraint

Users who access the Glow service via MQTT are required to use a persistent connection. Continuous disconnect reconnect will result in your MQTT access being blocked.

7. Security

The information that Glow collects may be stored locally on your device if you have Glow hardware. The consumption and tariff information collected from your meters will be transmitted to Hildebrand’s servers. Hildebrand use a range of tools to protect your information against unauthorised access and disclosure; Hildebrand are ISO 27001 certified. Hildebrand have put appropriate technical and procedural measures in place to protect the security of your data however we do not guarantee that your personal information or private communications will always remain private when using Glow.

8. Service Availability

Our goal is to have the service available for 99% of the time but we cannot be held liable for any service outages. Planned outages will be notified to users via app notices and the Glowmarkt forum at forum.glowmarkt.com.

9. Changes to Glow Services

The Glow services are constantly evolving; we reserve the right to implement further practices and limits pertaining to the use of the service over time. This includes modifying or discontinuing, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

10. Purchasing from GlowMarkt

We offer Glow hardware through energy suppliers as well as directly to consumers via our online shop, GlowMarket (shop.glowmarkt.com). The correct variant of a device must be selected to be compatible with your energy meter type. If you wish to purchase a significant volume of units, please contact us. We do not guarantee the quality of the data from the smart meter or applications. If you did not purchase hardware directly from GlowMarkt you should contact the reseller or retailer where you purchased the hardware if it is faulty.

10.1 Your status as a buyer

By placing an order you warrant that you are legally able to do so and that you are at least 18 years old.

10.2 When you place an order

After you place an order through our site you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

10.3 Consumer rights

You are protected by the UK consumer protection legislation.

10.4 Availability and delivery

If an item is listed on the web site it should be available for delivery. From time to time, due to excessive demand or supply problems, there may be a delay in shipping your order. If this is the case, we will inform you via email of the expected delay.

10.5 Cancellation

UK and European Union customers are entitled to a seven business day cooling-off period and have the right to withdraw from the contract within seven business days of receipt of the delivery. The items must be returned in accordance with our Returns policy (see 10.7). Before you return the item you must notify us of your cancellation via email.

You may cancel your account with Glow by contacting us on email at support@glowmarkt.com or by post at our registered address 56 Conduit Street, London W1S 2YZ. It may take up to five working days after the receipt of your request to process your cancellation.

10.6 Price and payment

Prices quoted on the site are what you will be charged. We separately list the costs of delivery which vary dependent on what is purchased and where it is being shipped to. You can pay for your order using the payment gateways supported by our ecommerce provider, Shopify. These include Paypal, ApplePay, VISA, Mastercard, Delta/Connect or Switch.

10.7 Returns policy

If you are unhappy with your purchase, you can return the product(s) to us within 30 days of purchase for a full refund less postage and packaging costs. All items must be returned as sent, in the original packaging, and in an unused condition and the packaging must not be damaged to qualify for the refund. The refund will be issued to the credit card you used to pay for the item once we have received the item and it, and the packaging, are in as new condition. If an item is defective we will replace it and refund to you the cost of your postage for returning the item. The items must be returned to Hildebrand, 56 Conduit Street, London W1S 2YZ. Our Terms and Conditions do not affect your statutory rights.

10.8 Our liability

The products sold on the Glowmarkt website have been designed to comply with all relevant UK & EU legislation. We cannot accept liability for any consequential loss of profit or indirect losses but do accept liability where we have failed to deliver what was promised in the contract.

10.9 Import Duty

If you order from our site but the item is being delivered outside the UK you may be subject to import duties and taxes on receipt. Any additional charges incurred must be borne by you and are not our responsibility. Important: the Glow SMETS products are designed to work within the UK. Using the system in other countries may require additional configuration, as well as plug adapters. If you are interested in using the service outside the UK, please contact us.

11. Privacy Policy

Glowmarkt and the parent company Hildebrand are committed to protecting your privacy within the constraints of the law in force at the time of use. Please see our separate Privacy Policy statement. Note: All company communications from us will be sent to you from the address support@glowmarkt.com or as a message within Bright. We will never ask for your password via email or telephone. Please note that our Privacy Policy does not form part of your contract with us and that Hildebrand Technology Limited is the data controller of your personal data. You can contact Hildebrand Technology Limited’s data protection officer by writing to The Data Protection Officer, Hildebrand Technology Limited, 56 Conduit Street, London, W1S 2YZ.

12. International Legal Compliance

As the internet transcends national boundaries, you agree to comply with your local laws and policies in force regarding online conduct and acceptable content.

13. Acceptable Use

The core tenet of the service is that you must not interfere with the legitimate use by others of the Internet.

13.1 User conduct

Any content you post to us must comply with commonly acceptable standards of behaviour. You must not be libellous, defamatory or otherwise illegal in what you post. Posted content which is unacceptable includes comment which is offensive, aggravates and/or objectionable to others; racist and/or ethnically objectionable; obscene; libellous; harmful; hateful; harasses; threatens; defames; abusive; vulgar; incites violence. You must respect third party rights and not violate privacy, trademark or copyright. We reserve the right to remove such content and terminate the account of users who violate these standards.

13.2 User disputes

In the unlikely event of users getting into disputes between themselves we expect them to resolve them. If we find that such dispute is being conducted in a manner which is detrimental to the best interests of other users of the service, we reserve the right to intervene and act appropriately.

13.3 Use of Glow Services

Glow services may only be used by you for lawful purposes. You are responsible for your Glow account, the data within it and keeping your password confidential. If you realise that someone else has been using your account (without your permission) please email us immediately at support@glowmarkt.com. You are allowed to use the Glow services for personal use only. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at admin@glowmarkt.com. If you wish to cancel your Glow account at any time, please contact us at support@glowmarkt.com.

14. New forms of Internet Abuse

New forms of internet abuse are likely to be found that are not covered by the categories defined in this Terms of Use. When detected in a Bright or Glow account, we will ask you to stop, and normally provide you with 14 days to comply.

15. Content Ownership

Users own their own electricity (and gas if available) consumption data. We will not use energy consumption data for any purpose other than for your own use, although we will collate members' data anonymously to support comparison, measurement across groups, on-going analysis, etc.

16. Payment

If you subscribe to any element of our services which entails a fee, you agree that you will pay this fee promptly on receipt of the charge, with any relevant local taxes which are required.

17. Investigation & Complaint Process

If you have a complaint about material posted within Bright, Glow or GlowMarkt, please send an email to abuse@glowmarkt.com. If you have a complaint about any aspect of the the service, please send an email to complaints@glowmarkt.com. We cannot guarantee your issue will be dealt with promptly if any other mechanism is used.

We reserve the right to investigate suspected violations of these Terms of Use which may result in an investigation by any external bodies such as the Police. This could involve gathering data from members, the our facilities, other service providers and the complainant. If such an investigation is required and while it is under investigation, we are within our rights to suspend the suspect account and either temporarily or permanently remove the material involved from the our service.

We may be bound by current or future legal statutes, such as the Regulatory of Investigatory Powers Act 2000 to access, monitor, store, take copies of, or otherwise deal with the service users’ stored data. Without limitation, you expressly authorise us to use personal data and other account information in connection with any such investigation, including disclosure to any third party authority that is considered to possess a legitimate interest in any such investigation or its outcome.

18. Termination

18.1 Glow Termination

We reserve the right to terminate or restrict your account for any reason, including but not restricted to violation of any of the Terms of Use stated in this document. By accepting these Terms of Use, you agree that termination may occur without prior notice.

18.2 Termination due to Non-Compliant Activity

Where serious transgressions or illegal activities are found occurring within the service, we are within our rights to inform any relevant authority, including the police. We are within our rights to make any public announcement to say action has been taken, including identification details.

Where you are found to be at fault, you will be liable for all costs and damages incurred by us in the provision of this service and you will have no compensation in respect of withdrawing your service and/or closing your account.

18.3 Termination due to Inactivity

Where an account has not been used for more than 18 months, we reserve the right to delete the account and any data associated with the account.

18.4 Termination due to Consent expiration

For users whose meters are part of the DCC, consent must be renewed within a maximum of 18 months of initial verification. Reminders to renew consent will be sent from 12 months after initial verification; if consent is not renewed after 18 months dataflows from the smart meters into a Glow service will be stopped until such point as a fresh verification is submitted.

19. Proprietary Rights

You acknowledge and agree that the Glow services and any necessary software used in connection with the services ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. No content from the site (other than your own electricity consumption data or posts to discussion groups) can be copied, captured or quoted in any manner without our express written permission. Please contact us at admin@glowmarkt.com if you wish to make such a request. Decompilation, reverse engineering or re-engineering of any nature, or attempting to do so is strictly forbidden.

20. Resale of the Service

You expressly agree not to sell, resell, copy, duplicate, reproduce or exploit any part of the Bright or Glow service, application or documentation. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at admin@glowmarkt.com.

21. Changes to the Terms & Conditions of Use

We reserve the right to modify these Terms & Conditions of Use from time to time without notice as the service continues to evolve; we ask you to review them when new changes are issued. Significant changes will be alerted to you via the web site. The date of the latest revision will be published at the top of this page.

22. Assignment

We reserve the right to assign this contract at any time whether in whole or in part. You do not have this right but can cancel your contract at any time by contacting us at support@glowmarkt.com.

23. Jurisdiction

These Terms of Use are governed by English law and under the jurisdiction of English courts. If any of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Limitation of Liability and the Disclaimer of Warranties clauses at the end of this document, then the invalid or unenforceable provision will be deemed as having been superseded by a valid, enforceable provision which most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

24. Indemnity

You agree to indemnify and hold Hildebrand Technology Limited, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your content, your use of the Bright or Glow service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another.