1.0 Terms of use of the App

These terms govern use of Elekt's app (referred to as the «App»). We encourage you to read the terms and the privacy policy.

The terms apply between Elekt AS, organisation number 920 766 854, postal address: Vestre Kanalkai 23B, 7010 Trondheim and the person who uses Elekt AS's App mentioned above.

All references to «Elekt», «we» and «us» in the following refer to Elekt AS.

By accepting the terms, you confirm that you are familiar with Elekt's processing of personal data as described in the privacy policy. You also confirm that you are aware that Elekt will direct marketing communications to you based on your use of the App as described in the section «Electronic communication and marketing».

1.1 Changes to the agreement terms

These terms will be updated as needed and may be changed by Elekt at any time. In the event of changes to the terms that affect you as a customer to a material extent, or in a negative manner, we will always notify you with a minimum of 14 days' notice via the App, email or SMS. If you do not accept the changes, you may terminate the agreement with us before the change takes effect.

1.2 General about the App

Elekt's App consists of services and functionality intended to give you overview and control over your electricity expenses as well as tools to reduce these.

1.2.1 The Elekt app

The Elekt app is an app that gives you access to spot prices, electricity consumption and electricity/grid tariff invoices. In addition, you can get an estimate of what you will receive in electricity support. Certain parts of the functionality depend on you as a customer giving us your consent. The app is available via Google Play and App Store and is adapted for iOS and Android phones.

1.2.2 Changes to content in the app

Our App is under development and we may change the digital content in the App. Changes to the design and user interface of the App are made without notice. You will also receive ongoing access to any security updates. Such changes occur at no cost to you. If we remove functionality, or make changes that affect you as a customer negatively, we will notify you in a clear and explicit manner, for example through notifications in the App, by email or SMS.

If the change affects the content of the App in a negative manner that is not insignificant, you may terminate the agreement. This follows from the Norwegian Digital Performance Act § 41 and means that you will no longer be bound by these terms.

1.2.3 Authentication and protective measures

In the App you gain access to personal information about your customer relationship with Elekt. Access to the information requires authentication. You must therefore authenticate yourself with the authentication solutions Elekt offers at any given time the first time you use the App to gain access to, among other things, consumption data and invoices. If the app is not used for 100 days, you must authenticate yourself again. We require this to be certain that the right person is using the App.

In our App we protect the content through:

• Built-in security on the device
• Encryption of data in transit
• Authentication of user with Vipps Log In
• Login with Google or Apple account
• BankID authentication when retrieving consumption (third party)

1.2.4 Analysis of electricity contract

In the app you may use the opportunity to analyse your own electricity contract. To use this service you as a user must have given consent to share electricity consumption (Elhub) and invoice details. We use an automatic process where we analyse invoices from your electricity supplier and retrieve information about your electricity consumption, to assess how your electricity contract compares to the market price for electricity (spot price). From time to time we conduct spot checks of the analyses and reserve the right to contact you for the purpose of improving the service or requesting feedback.

1.2.5 Analyses, calculations and estimates

We place great emphasis on accuracy in our calculations and strive to give our customers correct and reliable estimates. However, it is possible that errors or inaccuracies may occur in the calculations from time to time as a result of technical errors, human error or other unforeseen factors. The customer accepts that the company cannot be held liable for any direct, indirect, incidental, special or consequential damages arising as a result of incorrect savings calculations. The customer is encouraged to assess and confirm the accuracy of the calculations themselves before making decisions based on them.

1.2.6 Marketplace

As a registered user of Elekt you gain access to selected offers on products and services from selected partners (hereinafter «third party»).

We do not have cooperation with, or receive payment from, any electricity suppliers to recommend electricity contracts in the overview showing various electricity contracts on the market. Information about the various electricity contracts is retrieved from strømpris.no, and is filtered in the app based on selected criteria. For example, that the electricity supplier invoices in arrears or that the supplier offers at least a certain period of price guarantee we consider safe for you as a user.

If you choose to use an offer from a third party, you always enter into a customer relationship with the relevant third party. Elekt is not a party to any agreements entered into between you and a third party whom you have come into contact with by using our services, and we cannot be held liable for breach of contract, loss, damages or similar that may arise in connection with services you purchase from third parties.

1.2.7 Display of account information

You may add one or more payment accounts in the app to be able to use certain services. Such as viewing bank transactions and making payments in Elekt shop more easily. This requires your explicit consent.

For security reasons, the functionality requires that you verify yourself with BankID.

At your request, Elekt may retrieve account information and initiate payments from accounts you have given Elekt access to. If you no longer wish to give Elekt access to your accounts, you may easily remove the account or accounts in question.

Elekt cannot guarantee that it is possible to add payment accounts and execute payments from all banks and is not responsible for terms set by the bank, the way banks provide access to bank accounts or any limitations, such as amount limits set by the bank or similar.

Elekt is not responsible for errors a user has made themselves when registering a payment order. Examples of this may be wrong recipient, wrong amount, wrong KID, wrong due date or similar.

Elekt may reject a payment order if execution of the order would result in breach of statutory or contractual terms. If, for example, there is insufficient funds in the account, suspicion of fraud, misuse or money laundering, Elekt will reject the payment order.

1.3 Right of withdrawal upon ordering

When ordering access to our App, you gain access to the digital content in the App immediately. Before you gain access we will require consent from you, where you also acknowledge that the right of withdrawal has thereby lapsed.

This means that you do not have the normal right of withdrawal, which is usually 14 days calculated from the day after ordering. Which right of withdrawal you normally have, you can find more information about in the form for information on the right of withdrawal. That you do not have a right of withdrawal for our App follows from the Norwegian Right of Withdrawal Act § 22 letter n) which states that the right of withdrawal does not apply to delivery of digital content when delivery has begun with your prior consent and you have acknowledged that the right of withdrawal has lapsed.

When you gain access to our App you have consented to receiving access to digital content immediately and thereby expressly requested commencement of delivery before expiry of the withdrawal period. You must therefore also pay for the service from the day you gain access to the App.

1.4 Price and payment terms

The prices for the App are as stated at the time of purchase before you confirmed the purchase in the app with your Google or Apple account. The stated price includes the total price for the App including value added tax and other charges. The costs for the App run from the time you gained access to the content in the App.

If you have had the opportunity to use the App in a free trial period with access to our exclusive content, access will be free during this trial period. After the trial period is over, you will automatically be upgraded to an ongoing paid plan on a monthly or annual basis. All our subscriptions are flexible, which means you can start and end your subscriptions whenever you wish.

The App is paid through so-called «in-app purchase» via Google Play or App Store after you have downloaded the app. You will then be charged for your paid subscription via your chosen payment method in Google Play or App Store in advance for the selected period.

If you have not paid in accordance with the agreed price and due date for the App, we reserve the right to block access until payment is received. This does not apply, however, if otherwise follows from mandatory legislation. In the event of late payment we reserve the right to claim interest on overdue payments in accordance with the Norwegian Late Payment Interest Act; a reminder fee will apply upon reminder.

1.5 Duration and termination

When you subscribe to our App, the subscription is ongoing. You will have access to exclusive content as long as you have an active subscription. You may cancel the subscription at any time and return to the free version with limited functionality.

Payments processed through the app store (either Apple App Store or Google Play Store) must be cancelled on your phone.

When you have cancelled your subscription, your subscription will remain active for the rest of the period you have paid for. Renewal of the subscription will be terminated.

1.6 Intellectual property rights

We own all rights to the App. This includes, but is not limited to, the concept, design, trademarks, know-how, trade secrets, copyright and other intellectual property rights.

1.7 Right of use and lawful use

When you use Elekt's App you receive a non-exclusive right of use to the App, limited to the functions made available to users at any given time. The right of use does not give the right to modify, reproduce, copy or imitate the software or other parts of the service.

It is only permitted to use the App for the purposes described in these terms. It is not permitted to exploit the App commercially without written prior approval from us. It is not permitted to use the App in a manner that may be harmful to us or other users.

1.8 Electronic communication and marketing

By accepting these terms you approve that we may communicate with you regarding use of the App electronically, whether via notifications in the app, email or SMS, as long as we have an active customer relationship.

Elekt wishes to tailor relevant marketing to you based on your use of our App and the information we hold about you. Marketing is directed to you via our App, on social media or through online advertising. You may receive such marketing when you use the App. Marketing will relate to, for example, new functionality, functionality we recommend for you, offers from our partners, our other services or similar. In order for us to conduct marketing-oriented communication via email or via other channels where we use personally identifiable information about you, we will obtain separate consent for this.

1.9 The parties' responsibilities and obligations

Elekt assumes responsibility for delivering the App as described in these terms, and in accordance with any mandatory legislation. However, no responsibility is taken for circumstances beyond our control such as circumstances caused by our subcontractors or force majeure. Force majeure may be, but is not limited to, outbreak of war, terrorism, strikes, lockout and natural disasters.

You are yourself responsible for keeping your personal data updated. You are also responsible for ensuring that the address you provide or link your account to belongs to you, or that you have authority/permission to gain insight into such information about others. It is also your responsibility to only give App access to persons you wish to have insight into details about your electricity meters etc.

You are encouraged to store login details in a secure manner and not share information with unauthorised persons.

1.10 Defects and deficiencies

If there is a defect in our App, and this is not due to circumstances on your side (for example lack of network access) you will have the right to withhold an amount proportionate to the defect. In addition, you may ask us to remedy the matter or request a price reduction. In certain cases you will also have the right to terminate the agreement or claim compensation.

In the event of a complaint or claim we will assess the complaint and handle it in accordance with the rules in the Norwegian Digital Performance Act.

1.11 Procedure for complaints and claims

If you wish to complain or make a claim regarding one of our services, you may contact us via customer support in the app. We will inform you about further handling of the complaint.

We wish to resolve conflicts amicably. If this is not successful, you may contact the Norwegian Consumer Authority for mediation. The Consumer Authority is available by phone 23400600 or www.forbrukertilsynet.no.

You also have the right to complain about the services by using the «European Online Dispute Resolution Platform».

More information is available here: https://www.forbrukereuropa.no/.

The complaint is submitted here: http://ec.europa.eu/odr.

1.12 Compensation and limitation of liability

If you have paid for the App, you may claim compensation as a result of our breach of our obligations under these terms (breach of contract), or as a result of the App having a defect and this is not due to you, or circumstances on your side. Before you can claim compensation, we will as a rule have the right to offer rectification of the defect.

Correspondingly, we may claim compensation from you if you have caused us loss by breaching these terms.

Compensation may be claimed in accordance with the Norwegian Digital Performance Act § 48. This means, among other things, that compensation may only be claimed for loss that could reasonably have been foreseen as a possible consequence of the breach of contract.

As far as is reasonable, Elekt's total liability during the agreement period shall in any event be limited to the remuneration you have paid us for access to the relevant service during a 6-month period.

1.13 Breach of the terms

We reserve the right to claim compensation for financial loss as a result of your breach of these terms or other unlawful use of our App in accordance with section 1.12.

In the event of breach of the terms we may also block your access to the App, temporarily or permanently.

1.14 Transfer and personal subscription

The rights and obligations arising from these terms may be transferred from Elekt to another company, for example in connection with an acquisition, reorganisation, merger or demerger. You may not transfer your rights or obligations to others without written approval from us. Subscriptions to our App are personal and cannot be paused temporarily or transferred to another person during the agreed subscription period.

1.15 Choice of law and venue

These terms are governed by Norwegian law. Any disputes shall first be sought resolved through negotiations. If the parties do not reach agreement on a solution through negotiations, the dispute shall be resolved by the ordinary courts with Trøndelag District Court as agreed venue. If you are a consumer you may, however, choose your home venue.