Terms & Conditions
Effective 1 May 2025 · Questions? hello@enerlyticsai.com
Terms and Conditions
1. Introduction
These Website Terms of Use ("Terms") govern your access to and use of the EnerlyticsAI website located at www.enerlyticsai.com (the "Website"), operated by EnerlyticsAI Limited ("EnerlyticsAI", "we", "us","our"). By accessing or using this Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree, you must stop using the Website immediately.
These Terms apply to all visitors, users, and others who access the Website. They do not govern use of the EnerlyticsAI platform or any subscription services, which are subject to our separate Master Subscription Agreement.
2. About Us
EnerlyticsAI Limited is a company registered in England and Wales. Our registered office address and company number areavailable on request or via Companies House. You can contact us at hello@enerlyticsai.com.
3. Permitted Use
You may use this Website for lawful purposesonly. You agree not to:
• Use the Website in any way that violates applicable local, national, or international law or regulation
• Use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam)
• Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, or any other malicious code
• Attempt to gain unauthorised access to any part of the Website, the server on which it is stored, or any server, computer, or database connected to it
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
• Reproduce, duplicate, copy, or resell any part of the Website in contravention of these Terms
• Scrape, crawl, or harvest any content from the Website using automated means without our prior written consent
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
4. Intellectual Property
The Website and all of its contents, including but not limited to text, graphics, logos, icons, images, data compilations, software, and the overall design, are the property of EnerlyticsAI or our licensors and are protected by UK and international intellectual property laws.
You are granted a limited, non-exclusive, non-transferable licence to access and use the Website solely for your own personal or internal business purposes. Nothing in these Terms grants you any rights in the Website or its contents other than as expressly stated.
You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Website without our prior written consent.
5. Website Content and Accuracy
The content on our Website is provided for general information purposes only. While we endeavour to keep information current and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or related graphics contained on it.
Nothing on this Website constitutes financial, legal, energy management, or regulatory compliance advice. You should obtain professional advice before relying on any information on this Website.
We reserve the right to update or remove any content at any time without notice.
6. Cookies and Tracking
Our Website uses cookies and similar tracking technologies to distinguish you from other users, improve your experience, and analyse traffic. By using this Website, you consent to our use of cookies in accordance with our Cookie Policy, which is available on the Website.
You can control cookie settings through your browser or our cookie consent manager. However, disabling certain cookies may affect Website functionality.
7. Third-Party Links
This Website may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link does not imply endorsement by EnerlyticsAI.
When you access third-party websites, please review their own terms and privacy policies.
8. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Website is provided on an "as is" and "as available" basis without any warranties of any kind. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchant ability, fitness for a particular purpose,title, and non-infringement.
We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that defects will be corrected.
9. Limitation of Liability
To the fullest extent permitted by law,EnerlyticsAI, its directors, employees, agents, and licensors shall not beliable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your access to or use of, or inability to access or use, the Website.
Our total liability to you in respect of any claim arising from your use of this Website shall not exceed £100. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
10. Indemnity
You agree to indemnify, defend, and hold harmless EnerlyticsAI and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of orrelated to your violation of these Terms or your use of the Website.
11. Privacy
Our Privacy Policy sets out how we collect, use, and store personal data collected through this Website. By using this Website, you consent to such processing and you warrant that all data provided by you is accurate. Our Privacy Policy is available at www.enerlyticsai.com.
12. Changes to These Terms
We reserve the right to amend these Terms at any time. Changes will be posted on this page with an updated effective date.Your continued use of the Website after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
13. Availability and Maintenance
We do not guarantee that the Website will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of the Website for business, operational, or maintenance reasons without notice. We will not be liable if the Website is unavailable at any time.
14. Governing Law and Jurisdiction
These Terms are governed by and construed inaccordance with the laws of England and Wales. Any dispute arising in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Privacy Policy
1. About This Policy
This Privacy & Data Protection Policy ("Policy") explains how EnerlyticsAI Limited ("EnerlyticsAI", "we", "us", "our") collects, uses, stores, and protects personal data in connection with:
• Use of our website at www.enerlyticsai.com (the "Website")
• Use of the EnerlyticsAI platform and associated services (the "Platform")
• Any communications and enquiries you send to us
This Policy is written to comply with the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations (PECR).
Please read this Policy carefully. By using our Website or Platform, you acknowledge that you have read and understood how we handle personal data.
2. Data Controller and Processor
Website and Direct Communications
Where we collect personal data directly from individuals using our Website or contacting us, EnerlyticsAI acts as the Data Controller and is responsible for determining the purposes and means ofprocessing that personal data.
Platform (Subscription Clients)
Where your organisation subscribes to thePlatform and personal data is contained within Client Data uploaded to thePlatform, your organisation is the Data Controller. EnerlyticsAI acts as theData Processor, processing personal data only on your organisation's instructions and in accordance with our Data Processing Agreement (DPA).
3. Personal Data We Collect
Website Visitors
When you visit our Website, we may collect:
• Identity data: name, username
• Contact data: email address,telephone number, organisation name
• Technical data: IP address, browser type and version, operating system, device type, time zone
• Usage data: pages visited, links clicked, referral source, session duration
• Marketing and communications data: contact preferences, responses to marketing campaigns
Platform Users
When your organisation uses the Platform, we may process:
• Account data: name, work email address, job title, organisation details
• Energy and utility data: meter readings, utility bills, consumption data, site information
• Carbon and emissions data: greenhouse gas records, Scope 1, 2, and 3 emissions data
• Sustainability and compliance data: ESG metrics, SECR and ESOS submissions
• Usage and audit data: login times,feature usage, data uploads, system activity logs
• Support data: helpdesk tickets,correspondence, feedback
Special Categories
We do not intentionally collect special category personal data (including health, genetic, biometric, racial or ethnic origin, religious or political beliefs, trade union membership, or sexual orientation data). If you believe special category data has been inadvertently included in Client Data, please contact us immediately so it can be removed.
4. How We Collect Personal Data
We collect personal data through:
• Direct interactions: enquiry forms, demo requests, account registration, email correspondence, and telephone calls
• Automated technologies: cookies, server logs, analytics tools, and similar tracking technologies on our Website
• Third parties: publicly available sources such as Companies House and LinkedIn, and referrals from our partner organisations
• Client Data uploads: data uploaded to the Platform by your organisation's Authorised Users
5. Lawful Basis for Processing
We process personal data only where we have alawful basis to do so. The bases we rely on include:
• Contract performance: to providethe Platform and associated services under our Master Subscription Agreement
• Legitimate interests: to operate our business, improve the Platform, prevent fraud, conduct marketing to business contacts, and maintain security – where our interests are not overridden by your rights
• Legal obligation: to comply with applicable laws, including tax, audit, and data protection law
• Consent: for certain marketing communications and cookies where required by PECR – you may withdraw consent at any time
6. How We Use Personal Data
We use personal data for the following purposes:
• Providing, operating, and improving the Platform and Website
• Managing your account, processing payments, and communicating with you about your subscription
• Sending service-related communications including updates, security alerts, and maintenance notices
• Providing customer support and resolving technical issues
• Conducting analytics to understand how the Platform is used and to improve our services
• Marketing: sending newsletters, product updates, and promotional content where you have consented or we have a legitimate interest (business contacts), with an easy unsubscribe mechanism in every communication
• Complying with legal and regulatory obligations, including responding to regulatory requests
• Detecting and preventing fraud, abuse, security threats, and other harmful activity
7. AI Features and Automated Processing
The Platform uses artificial intelligence and machine learning to provide energy insights and recommendations. In connection with AI features:
• We do not use personal data to train or develop AI models without your explicit prior written consent
• AI-generated recommendations are explainable and can be reviewed and overridden by human users
• No automated decisions with legalor similarly significant effects are made without human review
8. Cookies and Tracking Technologies
Our Website uses cookies and similar technologies. The types of cookies we use include:
• Strictly necessary cookies: required for the Website to function; cannot be disabled
• Performance and analytics cookies: help us understand how visitors interact with the Website (e.g. Google Analytics)
• Functionality cookies: remember your preferences to personalise your experience
• Marketing cookies: track your engagement with our marketing campaigns across the web
You can manage cookie preferences through our cookie consent manager on the Website or through your browser settings. Disabling certain cookies may affect Website functionality.
For full details, please refer to our Cookie Policy available on the Website.
9. Who We Share Personal Data With
We may share personal data with:
Sub-Processors
We use third-party service providers (sub-processors) to assist in operating the Platform and Website. All sub-processors are subject to data processing agreements and are required to process personal data only on our instructions and in compliance with applicable data protection law. Our current sub-processor list is available on request.
Professional Advisers
We may share data with legal advisers,auditors, insurers, and other professional advisers where necessary.
Legal and Regulatory Requirements
We may disclose personal data to law enforcement, regulatory authorities, or courts where required by law or to protect the rights and safety of any person.
Business Transfers
If EnerlyticsAI is involved in a merger, acquisition, or sale of all or substantially all of its assets, personal data may be transferred to the acquirer subject to equivalent data protection obligations.
No Sale of Data
We do not sell, rent, or trade personal data to any third party for their own marketing purposes.
10. International Data Transfers
Personal data is stored in UK and EU datacentres. In the event that personal data is transferred outside the UK or EEA,we ensure that appropriate safeguards are in place, including:
• Standard Contractual Clauses (SCCs) approved by the European Commission or UK equivalent
• Adequacy decisions by the UK Secretary of State or European Commission
• Other appropriate transfer mechanisms as permitted by UK and EU GDPR
For further information about the specifictransfer mechanisms used, please contact us using the details in Section 12.
11. Data Retention
We retain personal data only for as long asnecessary for the purposes for which it was collected, or as required by law.Our standard retention periods are:
• Energy bills and financial records: 7 years (UK tax law and HMRC requirements)
• Carbon emission records: duration of subscription plus 7 years
• Security audit logs: 7 years
• Account and profile data: duration of subscription plus 30 days, after which data is deleted or anonymised
• Marketing contact data: 2 years from last engagement, or until consent is withdrawn
• Website enquiry and correspondence data: 2 years
• Support and helpdesk data: 3 years
After the applicable retention period,personal data is securely deleted or anonymised in accordance with our data deletion procedures.
12. Security Measures
We implement technical and organisational measures to protect personal data against unauthorised access, loss, disclosure, or destruction:
• AES-256 encryption for data atrest
• TLS 1.3 encryption for data intransit
• Role-based access controls (RBAC) and mandatory multi-factor authentication (MFA)
• 24/7 security monitoring and intrusion detection systems
• Daily encrypted backups with 30-day retention
• Regular independent penetration testing and vulnerability assessments
• Security awareness training for all staff
• Formal incident response procedures
Whilst we take every reasonable precaution,no method of electronic transmission or storage is completely secure. In the event of a personal data breach, we will notify you and the relevant supervisory authority within 72 hours as required by GDPR Article 33.
13. Your Rights Under UK/EU GDPR
Depending on the legal basis for processing,you have the following rights in relation to your personal data:
• Right to be informed: to know how your personal data is being used (met by this Policy)
• Right of access: to request a copy of personal data we hold about you (Subject Access Request)
• Right to rectification: to request correction of inaccurate or incomplete data
• Right to erasure ("Right to be Forgotten"): to request deletion in certain circumstances
• Right to restriction: to limit the processing of your data in certain circumstances
• Right to data portability: to receive your personal data in a structured, machine-readable format
• Right to object: to object to processing based on legitimate interests or for direct marketing
• Rights related to automated decision-making: to request human review of automated decisions with legal or significant effects
To exercise any of these rights, please contact us at hello@enerlyticsai.com. We will respond within one month as required by GDPR. We may ask you to verify your identity before processing your request.
Note: For Platform users, some data subject rights must be directed to your organisation (the Data Controller) rather than to us. We will cooperate with your organisation to facilitate any valid data subject requests.
14. Withdrawal of Consent
Where processing is based on consent, you have the right to withdraw consent at any time by contacting us or using the unsubscribe link in any marketing communication. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.
15. Complaints
If you have concerns about how we handle personal data, we encourage you to contact us first so we can address your concern. You also have the right to lodge a complaint with the Information Commissioner's Office (ICO):
Information Commissioner's Office
Website: www.ico.org.uk
Telephone: 0303 123 1113
Address: Wycliffe House, Water Lane,Wilmslow, Cheshire, SK9 5AF
EU residents may also contact their local data protection supervisory authority.
16. Changes to This Policy
We may update this Policy from time to timeto reflect changes in our practices, technology, or legal requirements. When wemake material changes, we will:
• Update the "LastUpdated" date at the top of this page
• Notify Platform customers by email or in-platform notification at least 30 days before changes take effect
• Post a notice on our Website forWebsite visitors
Continued use of the Website or Platform after the effective date constitutes acceptance of the updated Policy.
17. Contact Us
For any questions about this Policy, to exercise your data subject rights, or to report a concern email: hello@enerlyticsai.com