Last Updated: 1 June 2025
Welcome to Energy Manger. ('we', 'us', 'our'). These Terms of Use ('Terms') govern your access to and use of our website located at https://energymanager.com.au (the 'Website') and the Home Assistant Energy Management system (the 'Energy Manager' or 'Service') that you may install and operate on your own instance of Home Assistant.
Please read these Terms carefully. By accessing or using our Website or Energy Manager, you agree to be bound by these Terms and our Privacy Policy (available at https://energymanager.com.au/usersc/privacy.php). If you do not agree to these Terms, you must not access or use our Website or Energy Manager.
a. Website: The Website provides information about our services, allows for account registration and management, and may offer support resources.
b. Energy Manager: Energy Manager is a software component, integration, or system that you, the end-user, install, configure, and operate on your own instance of the Home Assistant platform. Energy Manager is designed to receive data from your energy systems (e.g., solar inverter, battery) and third-party data sources you configure (e.g., electricity provider pricing, solar forecasts, weather data) to make automated decisions regarding your energy usage, storage, and export, with the aim of optimising your energy management.
By accessing our Website, creating an account, or by installing, accessing, or using Energy Manager, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you are agreeing to these Terms for that organisation and promising that you have the authority to bind that organisation to these terms.
a. Account Registration: To access certain features of the Website or to use either the free or premium features of Energy Manager, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
b. Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorised such activities or actions. You will notify us immediately of any unauthorised use of your account.
c. Your Responsibilities for Energy Manager Usage:
i. You are solely responsible for the installation, configuration, operation, and maintenance of your Home Assistant instance and Energy Manager software on your system.
ii. You are responsible for the accuracy and integrity of all data you provide to Energy Manager, including API keys, credentials for third-party services (e.g., electricity providers, Solcast, BOM), and sensor data from your own equipment.
iii. You acknowledge that Energy Manager makes automated decisions based on the data inputs and configurations you provide. You are responsible for monitoring Energy Manager's operation and its impact on your energy systems.
iv. You agree to use the Website and Energy Manager in compliance with all applicable local, national, and international laws, rules, and regulations.
All intellectual property rights in the Website, its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We grant you a limited, non-exclusive, non-transferable, revocable licence to use Energy Manager software solely for your personal, non-commercial use on your own Home Assistant instance, subject to these Terms.
We reserve the right to withdraw or amend our Website and any service or material we provide on the Website, including Energy Manager's features (for any plan), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Service is unavailable at any time or for any period.
a. General Disclaimer: THE WEBSITE AND ENERGY MANAGER ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ENERGY MANAGER.
b. No Guarantee of Outcomes: YOU ACKNOWLEDGE AND AGREE THAT ENERGY MANAGER MAKES AUTOMATED DECISIONS INTENDED TO OPTIMISE ENERGY MANAGEMENT. HOWEVER, WE DO NOT GUARANTEE ANY SPECIFIC FINANCIAL OUTCOMES, SAVINGS, OR OTHER BENEFITS FROM THE USE OF ENERGY MANAGER. ENERGY MARKETS, WEATHER CONDITIONS, SOLAR GENERATION, AND HOUSEHOLD CONSUMPTION ARE VARIABLE AND UNPREDICTABLE. THE EFFECTIVENESS OF ENERGY MANAGER IS DEPENDENT ON NUMEROUS FACTORS, INCLUDING THE ACCURACY OF DATA PROVIDED BY YOU OR THIRD-PARTY SERVICES, THE PERFORMANCE OF YOUR PHYSICAL ENERGY SYSTEMS (SOLAR PANELS, INVERTERS, BATTERIES), AND YOUR INDIVIDUAL ENERGY USAGE PATTERNS.
c. Third-Party Data: We are not responsible for the accuracy, completeness, or reliability of data obtained from third-party services (such as electricity providers, Solcast, BOM) that you may configure Energy Manager to use. The use of such third-party data is subject to their respective terms and conditions.
d. USE AT YOUR OWN RISK: YOUR USE OF THE WEBSITE AND ENERGY MANAGER, INCLUDING ANY DECISIONS MADE BY ENERGY MANAGER AND ANY RELIANCE YOU PLACE ON INFORMATION OR FUNCTIONALITY PROVIDED, IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES, INCLUDING FINANCIAL LOSSES OR GAINS, DAMAGE TO YOUR EQUIPMENT, OR OTHER DETRIMENTAL EFFECTS RESULTING FROM YOUR USE OF ENERGY MANAGER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ENERGY MANAGER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THIS INCLUDES, BUT IS NOT LIMITED TO, ANY FINANCIAL LOSSES OR INCREASED COSTS INCURRED AS A RESULT OF AUTOMATED DECISIONS MADE BY ENERGY MANAGER, SUCH AS DECISIONS TO CHARGE/DISCHARGE BATTERIES, IMPORT/EXPORT ELECTRICITY, OR CURTAIL USAGE, BASED ON VOLATILE ENERGY PRICES, INACCURATE FORECASTS, SYSTEM MALFUNCTIONS (WHETHER OF ENERGY MANAGER OR YOUR OWN EQUIPMENT), OR ANY OTHER FACTOR.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO US FOR ACCESS TO OR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM AROSE; OR (II) ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Energy Manager, including, but not limited to, any use of Energy Manager's automated decision-making, your user submissions, any use of the Website's content, services, and products other than as expressly authorised in these Terms.
We may terminate or suspend your access to all or part of the Website or Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of Queensland, Australia without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website/Service shall be instituted exclusively in the federal courts of Australia or the courts of Queensland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Energy Manager thereafter. Your continued use of the Website or Energy Manager following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
If you have any questions about these Terms of Use, please contact us at:
Energy Manager / energymanager.com.au