Terms of Service

1. Acceptance of terms

By creating an account or using the Kolvera platform, you agree to these Terms of Service. If you do not agree, do not use our platform. These terms constitute a legally binding agreement between you and Kolvera Energy Pty Ltd.

2. Service description

Kolvera provides home energy monitoring today. We may also offer future paid optimisation and VPP products on supported systems. Our services may include:

• Monitoring (Free): Real-time monitoring of your solar production, battery state, and energy consumption via your manufacturer's cloud API
• Kolvera Optimise (Planned Paid Upgrade): A future opt-in service for supported systems that may automate battery charge and discharge decisions to reduce electricity costs
• VPP Participation (Future Revenue Share): A possible future opt-in service for battery owners once market access is live and any required registrations are complete

3. Your account

You agree to:

• Provide accurate and complete information when creating your account
• Keep your account credentials secure
• Only connect energy systems that you own or are authorised to manage
• Maintain a working internet connection for your energy system's data logger
• Notify us promptly if you become aware of any unauthorised use of your account

You must be at least 18 years old to use our platform. You are responsible for all activity under your account.

4. Device access and control

By connecting your battery system to Kolvera, you grant us permission to:

• Read access: Monitor your solar production, battery state, and energy consumption data
• Write access (only if a future control product is enabled): If Kolvera later offers Kolvera Optimise or VPP control and you explicitly opt in, Kolvera may send charge and discharge commands via your manufacturer's cloud API

Important: The live customer product today is monitoring-only. Kolvera does not currently write to your battery or inverter, change charge schedules, or dispatch your system. If Kolvera Optimise or a future VPP product is launched, it will be presented as a separate opt-in service with clear consent and product-specific terms.

You can disconnect your system at any time through your dashboard settings. If future control products are launched, any automatic control settings and opt-out flows will be explained separately before activation.

5. VPP participation

VPP participation is not part of the live customer product today. If Kolvera later offers a VPP product and you opt in, participation may involve trading your battery's capacity in the NEM. In that case, you would acknowledge that:

• Kolvera may bid your battery into wholesale electricity and/or FCAS markets
• Your battery may charge and discharge based on market conditions and Kolvera's optimisation systems
• Earnings depend on market prices, which are volatile and unpredictable
• We cannot guarantee any specific level of earnings
• Settlement follows AEMO timelines: preliminary statements within 5 business days, final settlement within 10 weeks, with potential revisions up to 24 months later
• A platform fee may be deducted from earnings. The current planning assumption is 30% of gross VPP revenue, but any live fee will be disclosed clearly before you opt in

6. Fees and payments

Monitoring is free.There is no subscription fee for connecting your system and using Kolvera's current monitoring features. If Kolvera later offers Kolvera Optimise on supported systems, the applicable pricing and terms will be shown before you opt in.

Future VPP participation: If Kolvera later offers VPP trading, fees may be charged as a percentage of gross VPP revenue. The current planning assumption is 30%, but any live fee and product terms will be shown clearly before you opt in. There are no hidden fees or exit fees in the current plan.

We may change future paid product fees with notice. You can opt out of any future paid optimisation or VPP product to stop incurring those fees.

7. Limitation of liability

To the maximum extent permitted by Australian law:

• Our total liability to you for any claim arising from or related to these terms is limited to the total fees you have paid us in the 12 months preceding the claim
• We are not liable for any indirect, incidental, special, or consequential damages, including lost profits, lost data, or battery degradation
• We are not liable for losses caused by manufacturer API outages, internet connectivity issues, or AEMO market disruptions

Nothing in these terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

8. Disclaimers

• Not financial advice: Earnings projections, savings estimates, and market forecasts shown on our platform are indicative only and do not constitute financial advice. Past performance is not a reliable indicator of future results.
• Battery health:While our optimisation algorithm is designed to operate within your battery manufacturer's recommended parameters, all batteries degrade over time. We do not warrant that using Kolvera will not affect your battery's lifespan or warranty.
• Service availability: We aim to provide continuous service but do not guarantee 100% uptime. Scheduled maintenance, manufacturer API changes, and other factors may temporarily affect service availability.
• Third-party APIs: Our platform depends on manufacturer cloud APIs (Tesla, Enphase, Alpha ESS, Deye, Fronius, SMA, Sungrow, Goodwe). Changes to these APIs, including discontinuation or access restrictions, may affect our ability to monitor or control your system. We will make reasonable efforts to adapt to changes but cannot guarantee continued compatibility.

9. Termination

By you: You may close your account and disconnect your system at any time. There are no exit fees or lock-in periods. Upon disconnection, your battery will revert to its default manufacturer settings.

By us: We may suspend or terminate your account if you breach these terms, use our platform for unauthorised purposes, or if we reasonably believe your system poses a safety risk. We will provide notice where practicable.

Upon termination, any outstanding VPP earnings will be settled according to normal AEMO settlement timelines.

10. Governing law

These terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland. Nothing in these terms limits your rights under Australian Consumer Law.

11. Changes to these terms

We may update these Terms of Service from time to time. We will notify you of material changes by email or through a notice on our platform at least 14 days before the changes take effect. Continued use of our platform after changes take effect constitutes acceptance of the updated terms.

12. Contact us

If you have questions about these Terms of Service, contact us at: