Mixergy Flex Rewards Terms and Conditions
1. Introduction
1.1 Please read these Terms and Conditions carefully. They apply to Mixergy Flex (the ‘Service’), the feature in the Mixergy app that schedules your Cylinder’s heating automatically and allows it to take part in Grid Services, and to Mixergy Flex Rewards; the payments you may receive for that participation. You must accept these Terms to use Mixergy Flex, and by switching it on you agree to be bound by them.
1.2 These Terms and Conditions, together with any specific rules set out in communications relating to the Service, are the Service rules (the ‘Rules’). By taking part you agree to be bound by the Rules and any other applicable instructions we give you.
1.3 The feature previously called Automatic Schedule is now called Mixergy Flex. If your Cylinder is set to Automatic Schedule, you will be prompted to accept these Terms and switch to Mixergy Flex, and these Terms will apply to you from the point you accept them. If you do not accept, automatic scheduling will stop and you will need to set your own heating schedules in the Mixergy app, as described in clause 4.17. You can turn Mixergy Flex off at any time.
1.4 We may change these Terms from time to time. Minor changes take effect from the date they are published. Where a change is material we will give you reasonable notice before it takes effect, by notification in the app, by email, or by publication on our website, and you can leave the Service under section 9 if you do not accept it. It is your responsibility to make sure you have read and understood the most recent version.
1.5 By accepting these Terms you consent to Mixergy and our Flexibility Partner accessing and controlling your Cylinder in order to deliver the Service, and to the data sharing described in section 10.
1.6 Rewards accrue from the point you join the Service, in respect of any period during which you meet the requirements in section 6. You will be able to redeem your Rewards balance once bank details can be added in the Mixergy app, and we will tell you when that is.
2. Definitions
| Account | The account set up by completing the registration process on the Mixergy app, website or other approved registration channel. |
| Account Holder | The individual who has set up an Account and registered for the Service. |
| Baseline | Where applicable, the reference level of electricity import calculated using Smart Meter or Cylinder data in accordance with the relevant Programme Operator Terms. |
| Data Protection Laws | All relevant data protection laws, regulations and rules applying to the parties, including the UK Data Protection Act 2018, the UK General Data Protection Regulation, and the Privacy and Electronic Communications (EC Directive) Regulations 2003 |
| DCC | The data communications infrastructure operated by Smart DCC Ltd, regulated by Ofgem. |
| Event | A period during which the heating of your Cylinder is adjusted, scheduled or controlled in connection with the Service. |
| Flexibility Partner | Axle Energy Limited (company number 14633671), and any further demand side response partner or authorised sub-processor we notify you of, involved in delivering the Service. |
| Gross Market Value | The amount received by the Flexibility Partner from Programme Operators and energy markets in respect of flexibility delivered by your Cylinder. |
| Grid Services | Electricity balancing and flexibility programmes offered in Great Britain. |
| MPAN | The Metering Point Administration Number identifying an electricity supply point. |
| NESO | The National Energy System Operator for Great Britain. |
| Programme Operator | Grid and market operators, including NESO and Distribution Network Operators. |
| Programme Operator Terms | The applicable terms and rules of a Programme Operator. |
| Rewards | Amounts credited to your Account in respect of your participation in the Service, calculated in accordance with section 5. |
| Services | Our websites, platforms, software and associated services enabling participation in Grid Services. |
| Smart Meter | A SMETS1 or SMETS2 electricity meter. |
3. About us
3.1 Mixergy Ltd, registered in the United Kingdom with company number 09137387 and registered office at 2 Canal View, Wharf Farm, Eynsham Road, Cassington, Oxfordshire OX29 4DB (‘Mixergy’, ‘we’, ‘us’). You can contact us at support.mixergy.co.uk.
3.2 These Terms are between you and Mixergy. If you rent your home, your landlord is not a party to these Terms and has no rights or obligations under them.
4. What the Service does
4.1 In Great Britain, various Grid Services are offered to support the electricity system, managed by Programme Operators. Each programme has its own eligibility criteria and rules.
4.2 Mixergy and the Flexibility Partner will assess, enrol, manage and reward Cylinders in Grid Services, based on location, technical specification, your preferences, and the availability of those services.
4.3 To deliver the Service, we and the Flexibility Partner need access to your Cylinder.
4.4 Once your Cylinder qualifies under section 6, it is enrolled to support overall grid stability. This works by briefly adjusting when your Cylinder heats water during periods of stress on the electricity system. These adjustments are infrequent and short, and we do not expect them to materially affect your day to day use of hot water.
4.5 At other times the Flexibility Partner will adjust when and how quickly your Cylinder heats water in order to change overall demand on the network (an ‘Event’). Where necessary we may vary the rate of heating during an Event or in preparation for one.
4.6 The Service operates within the hot water schedule and comfort settings you have chosen in the Mixergy app, and those settings take priority over participation in an Event. You can override the Service at any time, for example by boosting your hot water, but overrides may reduce the Rewards your Cylinder earns.
4.7 Taking part in the Service may change when your Cylinder uses electricity. We and the Flexibility Partner use reasonable efforts to avoid this increasing your energy costs, and automatic scheduling is designed to favour cheaper periods, but we cannot guarantee that your energy costs will not increase, for example where your tariff or your comfort settings mean your Cylinder heats at a more expensive time. Any Rewards you receive are separate from your energy bill.
4.8 The Service is offered on a best efforts basis. We do not guarantee how often Events will occur or what any Event will be worth, because programme rules and market conditions change.
4.9 The Service is subject to the applicable Programme Operator Terms, which also apply to you and which you accept in order to access those markets. We accept no liability if a Programme Operator amends or terminates its terms.
4.10 The number of Events is not guaranteed and you cannot choose which Events to take part in. You can stop taking part in the Service at any time under section 9.
4.11 A Cylinder can normally take part in Grid Services with only one provider at a time. If you are already registered for Grid Services with another provider, including through your energy supplier, taking part in our Service may make you ineligible to continue with that provider. We will not know that this has happened, we will not notify the other provider, and we are not responsible for any financial or other consequence of your removal from another scheme.
4.12 Registering with another Grid Services provider after joining our Service may result in your removal from ours.
4.13 We are not liable for reimbursing any expenses you incur in connection with joining the Service.
4.14 You may use the Services only in accordance with these Terms, the Rules, the Programme Operator Terms where applicable, and the guidance and instructions applicable to the Services.
4.15 The Service is not a financial product or an investment and is not regulated by the Financial Conduct Authority. Rewards are not interest and are not a return on an investment.
4.16 Using Mixergy Flex does not mean that your Cylinder will be flexed, or that it will earn Rewards. Whether your Cylinder can take part in Grid Services depends on your Cylinder and how it is set up, your location, your Smart Meter, the availability of Grid Services and market conditions.
4.17 Mixergy Flex includes the automatic scheduling feature previously called Automatic Schedule, which chooses when to heat your water based on price and carbon intensity. Automatic scheduling is available only with Mixergy Flex switched on and these Terms accepted, whether or not your Cylinder currently qualifies for Rewards. If you turn Mixergy Flex off, your Cylinder will no longer schedule itself automatically and you will need to set your own heating schedules in the Mixergy app. Your Cylinder will continue to work normally on those schedules.
5. Rewards, and how they are calculated
5.1 Taking part in Grid Services through the Service makes you eligible for Rewards based on the performance of your Cylinder. Rewards are not guaranteed and are subject to change.
5.2 Rewards are calculated as a share of the Gross Market Value earned in respect of your Cylinder. The Flexibility Partner retains 30%, Mixergy retains 21%, and 49% is credited to your Account as Rewards.
5.3 Rewards accrue only in respect of periods during which you meet all of the eligibility requirements in section 6. If you do not meet them, no Rewards accrue, no balance builds up, and nothing is owed to you in respect of that period. If you subsequently meet them, Rewards accrue from that point onwards.
5.4 Rewards accrue from the point you join the Service and are credited to your Account at least monthly. Redemption of your balance will be available once bank details can be added in the Mixergy app.
5.5 For some programmes, Rewards depend on achieving a reduction in electricity import measured against a Baseline. You may therefore meet all of the eligibility requirements and receive no Rewards in respect of a given period.
5.6 Once redemption is available and your Rewards balance exceeds £10.00, you may redeem it by bank transfer to a UK bank account in the name of the Account Holder. The Flexibility Partner may carry out checks to verify the account before payment is made.
5.7 Your Rewards balance is held by the Flexibility Partner, which manages the balance shown to you in the Mixergy app and makes the payment to your nominated bank account when you redeem. The share retained by Mixergy is settled separately between us and the Flexibility Partner and does not pass through your Account.
5.8 You will only be paid from Gross Market Value actually received in respect of your Cylinder. We do not promise that the Service will result in any Reward or in any particular amount, and neither we nor the Flexibility Partner accept liability for amounts beyond those received and credited to your Account.
5.9 Any figures we publish about potential Rewards are illustrations based on modelling and are not promises. Actual Rewards vary with market prices, how often your Cylinder is called on, your Cylinder, your hot water use and your location, and will not be the same from one year to the next.
6. Eligibility for Rewards, and participation requirements
You must be 18 or over and resident in Great Britain to use the Service, and you must comply with these Terms at all times.
6.2 You need to accept these Terms to use Mixergy Flex even if your Cylinder does not currently qualify for Rewards. Whether it qualifies depends on the requirements in clauses 6.3 to 6.5, which can change over time, for example when a Smart Meter is installed or new Grid Services open in your area. The Flexibility Partner checks eligibility on an ongoing basis, using the data described in section 10 and the signals it receives from Programme Operators, and confirms when your Cylinder can be enrolled in Grid Services. Enrolment then happens without asking you to accept these Terms again. Until then you can use Mixergy Flex for automatic scheduling, and Rewards accrue from the point the Flexibility Partner confirms your Cylinder qualifies, as set out in clause 5.3.
6.3 To qualify for Rewards you must have a working electricity Smart Meter which is actively communicating with the DCC and has done so for at least 30 days, and which has a registered import MPAN associated with your address in the DCC.
6.4 Your Cylinder will not be enrolled in Mixergy Flex if you are taking part in the delivery of Grid Services, or any similar service, for NESO, an electricity distribution network operator or any other Programme Operator, whether directly, through an energy supplier or through any other third party.
6.5 You confirm that you are the bill payer for electricity at the address given during registration, or that you have the authority of the bill payer to enrol the premises.
6.6 You confirm that the Cylinder enrolled in the Service is installed at your address and that you are entitled to use it and to permit its control under these Terms. If you rent your home and are the bill payer, you do not need your landlord’s permission to take part.
6.7 By accepting these Terms you consent to: (a) us and the Flexibility Partner accessing your half-hourly Smart Meter readings and data from your Cylinder, including energy used, water temperature, volume and heating periods; (b) us collecting your MPAN and the Flexibility Partner registering it and your Cylinder with Programme Operators, including sharing meter readings and Cylinder data where required under Programme Operator Terms; and (c) us and the Flexibility Partner exclusively controlling the heating of your Cylinder to deliver the Service during Events and any preparation periods.
6.8 Taking part may require firmware updates to your Cylinder, and we may apply those remotely while you are in the Service.
6.9 Mixergy Flex must remain switched on in the Mixergy app and your Cylinder must remain connected to the internet. Some Cylinder modes are not compatible with the Service, and we may limit the modes available to you or decline your registration where an incompatible mode is in use. 6.10 You must continue to meet the requirements in clauses 6.3 to 6.5 for as long as your Cylinder is enrolled in Grid Services. If you stop meeting any of them, Rewards stop accruing for as long as that remains the case, and we may suspend or end your participation under section 9.
7. Proper use of Services
7.1 You must not: (a) interfere with or disrupt the operation of the Services; (b) attempt to gain unauthorised access to any system, network or data; (c) introduce any virus, malware or harmful code; or (d) use the Services in a way that could damage, disable or impair them.
8. Liability
8.1 Except as set out in clause 8.5, we are not responsible for any loss, damage, injury, or indirect, special or consequential loss, including lost profits, arising from or related to your use of, or inability to use, the Service.
8.2 Participation in the Service is at your own risk and the Service is provided on an ‘as is’ and ‘as available’ basis.
8.3 To the fullest extent permitted by law, and except as set out in clause 8.5, we disclaim all representations, warranties and conditions, whether express, implied or statutory.
8.4 We may withdraw or vary the Rules, or any offer made in connection with them, in order to comply with the decision of a relevant judicial or regulatory body, and we will not be liable to you for doing so.
8.5 Nothing in these Terms excludes or limits our liability where it cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or in respect of your statutory rights as a consumer.
8.6 If you are unhappy with any aspect of the Service, contact us at support.mixergy.co.uk and we will try to resolve it with you. Nothing in these Terms affects your right to bring a claim or to use any dispute resolution scheme available to you.
8.7 We are not responsible for delays or failures in the Service caused by events outside our or the Flexibility Partner’s reasonable control, including loss of internet connectivity at your home, faults in the DCC or smart metering systems, or the actions of a Programme Operator. If such an event affects your Cylinder for a sustained period we will tell you where we can, and you can leave the Service under section 9.
9. Ending your participation
You may end these Terms at any time by turning Mixergy Flex off in the Mixergy app, or by closing your Account and stopping use of the Services. If you need help, visit support.mixergy.co.uk. Turning Mixergy Flex off also ends automatic scheduling, as set out in clause 4.17. Please note you must withdraw your accrual before terminating the service to avoid losing it.
9.2 You have a right to change your mind at anytime. You can do this by turning Mixergy Flex off in the Mixergy app. Any Rewards already credited to your Account are dealt with under clause 9.8.
9.3 If we reasonably believe you have breached the Rules, we may suspend or end your participation, and Rewards that have not yet been credited to your Account may be withheld. We will tell you why.
9.4 We may end your participation immediately if information you have given us is false, inaccurate, incomplete or misleading, and Rewards that have not yet been credited to your Account may be withheld.
9.5 We may suspend or end your access to the Service if: (a) your Cylinder is disconnected from the internet or moved to a different location; (b) your Smart Meter is disconnected, your readings are no longer available through the DCC, or you move to a new property; (c) you no longer meet the requirements in section 6; or (d) a technical, operational or security risk is identified in relation to your access to the Service.
9.6 If you leave the Service, rejoining may not be possible and is at our discretion and that of the Flexibility Partner. We will tell you this at the point you turn Mixergy Flex off.
9.7 We may end the Service at any time, and will give you reasonable notice where it is practicable to do so.
9.8 If your participation ends for any reason, you can withdraw any Rewards already credited to your Account, including where the balance is below £10.00, by withdrawing before you leave. You must withdraw your funds before you leave should you wish to retain them. You will be unable to withdraw them after you leave. No further Rewards accrue after your participation ends.
9.9 After your participation ends, we are not obliged to store, maintain or provide content, data or information relating to it, other than where we are required to retain it by law or under Programme Operator Terms.
9.10 Ending these Terms does not affect rights or obligations that accrued before the end date. Any clause intended by its nature to continue after the end of these Terms will remain in force.
10. Data protection and smart meter access
10.1 Both parties will comply with their obligations under the Data Protection Laws and with Mixergy’s Privacy Notice, at mixergy.co.uk/terms-and-conditions/privacy-notice.
10.2 Any personal data you provide in connection with the Service will be processed in accordance with the Data Protection Laws and our Privacy Notice, and only as necessary to provide the Service.
10.3 We will share your email address, address, MPAN, half-hourly metered electricity consumption, Cylinder measurements and usage information, records associated with installation and commissioning, and related details, with Programme Operators, the Flexibility Partner, their affiliates and their authorised sub-processors, in order to register you in the Service, provide evidence of performance, and calculate your Rewards. The bank account details you give us for redemption are shared with the Flexibility Partner so that it can pay you.
10.4 Your half-hourly metered consumption data will be processed by the Flexibility Partner and its authorised sub-processors by interfacing with the national smart metering systems in accordance with the Smart Energy Code. We will only share your Smart Meter readings once you have given consent.
10.5 We and the Flexibility Partner may provide Programme Operators with half-hourly consumption, Baseline and reduction data, and the value of any incentives, in aggregate form. Programme Operators may in some cases request detailed half-hourly data around Events, on an individual participant basis, in order to audit performance and payment.
10.6 If you move away from the address you gave consent for, you must leave the Service as soon as possible and no later than the date you move.
10.7 You may withdraw your consent to the sharing of your Smart Meter data at any time, by turning Mixergy Flex off in the Mixergy app or by contacting us at support.mixergy.co.uk. If you withdraw consent we will stop accessing your Smart Meter data and stop sharing it with Programme Operators for future Events, and you will no longer be able to take part in the Service. Withdrawal does not affect data already shared or used lawfully before withdrawal, or data we are required to retain for legal, regulatory or audit purposes.
10.8 We, the Flexibility Partner and their approved sub-processors will retain settlement calculations and data about your participation in accordance with the rules of each programme, for up to seven years.
10.9 By taking part in the Service you agree to receive service communications from us and the Flexibility Partner about your participation, such as notices about Events, your Rewards and changes to these Terms. This is not consent to marketing.
11. General
11.1 These Terms are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction, save that if you live in Scotland you may also bring proceedings in Scotland.
11.2 If any provision of these Terms is found to be unenforceable, the remaining provisions continue in force.
11.3 We may transfer our rights and obligations under these Terms to another organisation, and will tell you if we do. You may not transfer yours without our written agreement.
