Gridpay Services Terms and Conditions

Last updated: September 2026

1. Introduction

1.1. We are myenergi Ltd, and in these Terms we will refer to ourselves as “myenergi,” “we,” “us,” or “our,” and we will refer to you, the recipient of our services, as “you” or “your.”

1.2. These Terms apply exclusively to our provision of Gridpay Services to you. Any other services we may provide to you are subject to different terms, which will be provided to you when you sign up for those other services.

1.3. Please read these Terms carefully before using the Gridpay Services and the features we offer. We draw your attention in particular to Section 7 (Circumstances Beyond Our Control That Affect the Gridpay Services), Section 10 (Data Protection), Clause 12 (Limitation of Liability), Clause 14 (Termination), Clause 15 (Right of Withdrawal), and Clause 16 (Consumer Rights).

1.4. We will provide you with a description of the Gridpay Services before you sign up for the Gridpay Services; this description is available at www.myenergi.com/gridpay.

1.5. These Terms (and the documents or information referenced herein) apply to the use of the Gridpay Services. Please read these Terms carefully and keep a copy for future reference. By signing up for and using our Gridpay Services, you accept these Terms. If you do not wish to accept these Terms, you must not use the Gridpay Services.

1.6. Access to and use of the Gridpay Services are contingent upon your agreement to and acceptance of these Terms. These Terms apply solely between you and us and do not in any way imply a relationship with, or claims against, any other party.

1.7. However, we use partners (energy aggregators) with whom we have a business relationship to provide the Gridpay Services to you on our behalf. For information about how we process personal data, including the sharing of data with energy aggregators, please refer to our Privacy Policy; see Privacy Policy.

1.8. Once you have signed up for the Gridpay Services and accepted these Terms, we will notify you when we will begin providing the Gridpay Services to you.

1.9. The use of your personal data provided through the mobile application is subject to our Privacy Policy; further information on this is included in Section 10 (Data Protection) below.

1.10. We reserve the right to change, modify, or replace these Terms from time to time. If we make material changes to these Terms, existing customers will be notified at least 30 days before these changes take effect. Changes to the Terms are determined solely by us at our discretion. These Terms were last updated and published in February 2026.

1.11. References to “including,” “in particular,” “such as,” or similar expressions are to be understood as introducing examples, and not as an exhaustive or exclusive list.

2. About Us

2.1. We are a limited company incorporated under English law and registered in England. Our registration number is 10261262, and our registered office is located at Pioneer Business Park, Faraday Way, Stallingborough, Grimsby, United Kingdom, DN41 8FF. To contact us (including regarding any issues or complaints), please email us at gridpay@myenergi.com.

3. Our Gridpay Services

3.1. Our ultimate goal in offering and providing the Gridpay Services is to assess the potential for reducing household electricity demand on the distribution grid during periods of grid strain on the national power grid.

3.2. As we transition to a low-carbon economy, the load on the electricity distribution grid from consumption (including the charging of electric vehicles) will increase.

3.3. The Gridpay Services are designed to support the distribution grid by regulating the flow of electricity through the grid, in order to alleviate periods of grid strain and support the efficient balancing of electricity supply and demand within the system, including through related operational and testing activities. When necessary, we or our partners may adjust the charging rate of your myenergi devices during peak periods or during testing or verification activities to help the grid balance supply and demand or reduce grid load without requiring additional electricity generation (for example, from power plants).

3.4. In providing the Gridpay Services, we will make every effort to minimize any inconvenience to you when we or our partners implement changes to the charging rate of your myenergi devices in response to relevant grid, system, or testing requirements. Actions that we or our partners may take when providing the Gridpay Services include reading the information provided by your myenergi device regarding electric vehicle charging and charging schedules, and regulating the flow of electricity through your myenergi devices by modifying, stopping, starting, or adjusting them.

3.5. You have the option to override responses related to the Gridpay Services that we or our partners have configured on your myenergi device, except during testing or verification activities; however, any actions you take in this regard may adversely affect the rewards you receive.

3.6. Although we will make reasonable efforts to ensure that any changes, stoppages, starts, or adjustments to the flow of electricity through your myenergi devices made by us or our partners do not result in additional energy costs, we cannot guarantee that this will never occur, and we are not liable to you for any such additional costs you incur.

3.7. To the extent reasonably necessary to enable your use of the Gridpay Services or to ensure their safe and effective operation, we may automatically update the firmware of your myenergi devices. Such updates are limited to what is necessary to provide the Gridpay Services (including optimizing Gridpay performance on your myenergi devices) and will not materially affect your device’s normal charging functionality. Where reasonably practicable, we will notify you of material firmware updates.

4. Access to Your myenergi Devices

4.1. By accepting these Terms, you understand and agree that myenergi shares information about you and your myenergi devices with our partners who provide the Gridpay Services on our behalf, and that we allow our partners to interact with your devices to modify charging schedules and settings, regulate the flow of energy, and monitor the status, performance, and energy consumption of the device.

4.2. Your data will be processed in accordance with these Terms and our Privacy Policy.

5. Gridpay Services Account

5.1. When you create a Gridpay Services account with us, you confirm that you are over 18 years of age and that the information you provide is accurate, complete, and up-to-date at all times. If the information you provide changes, you must notify us within fourteen days of the change.

5.2. You further confirm that the connected device is wholly your property and/or that you have the full and explicit consent of the rightful owner to use the Gridpay Services on their devices on their behalf. Inaccurate, incomplete, or outdated information may result in the immediate suspension or termination of your access to the Gridpay Services and your Gridpay Services account, and may cause delays in the provision of the Gridpay Services by us or our partners (including our or our partners’ ability to award you rewards).

5.3. We may immediately terminate or suspend your access to and use of the Gridpay Services if you violate these Terms, or due to a technical, operational, or security risk related to your access, provided that the suspension will last only as long as is reasonably necessary to enable you to remedy the violation, if possible.

5.4. You are responsible for maintaining the security and confidentiality of your Gridpay Services account, access codes, and password, including, but not limited to, restricting access to your computer and/or Gridpay Services account to ensure that no third party gains access to your Gridpay Services account. You accept responsibility for all activities or actions that occur under your Gridpay Services account and/or password.

5.5. You must ensure that the Gridpay Services are used solely in an appropriate manner and for lawful purposes, in accordance with these Terms. You may not sublicense, transfer, or lend the Gridpay Services or any related documentation to third parties.

5.6. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your Gridpay Services account.

5.7. You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark subject to the rights of a person or entity other than yourself, without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene.

6. Restrictions on Use

6.1. You may not rent, lease, distribute, or resell the myenergi product—or the product of myenergi’s partners used to provide the Gridpay Services—as a basis for developing a competing solution (or contract a third party to do so), and you may not remove or alter any logos, trademarks, patent or copyright notices, confidentiality or proprietary notices, or other designations or markings on or in the myenergi product.

7. Circumstances beyond our control that affect the Gridpay Services

7.1. If the provision of the Gridpay Services by us or our partners is delayed due to an event beyond our or their control (force majeure), we or our partners will contact you as soon as possible to inform you of this and do what we can to minimize the delay. As long as we or our partners do this, we will not compensate you for the delay; however, if the delay is likely to be significant, you may contact us to cancel your Gridpay Services account and the receipt of Gridpay Services; in that case, Section 14 (Termination) below applies to the consequences of your cancellation.

7.2. You also acknowledge that the Gridpay Services may be subject to limitations, delays, and other issues inherent in the use of such communication facilities, and we are not liable to you for such limitations, delays, and other issues.

8. Rewards and Incentives

8.1. During the sign-up process for the Gridpay Services, we will provide you with details about the rewards you may be eligible to receive as part of the Gridpay Services. We agree to provide you with these rewards in accordance with the details provided to you during that sign-up process, including how and when you can redeem your rewards. We reserve the right to adjust the available rewards in accordance with market conditions, and we will notify you of any changes to the rewards, giving you the opportunity to terminate your Gridpay Services account and discontinue receiving the Gridpay Services if you do not agree to the modified rewards.

8.2. Unless we have expressly informed you otherwise in writing, rewards or incentives are not guaranteed.

8.3. From time to time, myenergi offers customers additional and separate rewards or incentives through our Gridpay Services. These offers may be subject to their own terms and conditions. However, it is important to note that such rewards and incentives are generally not guaranteed, and that myenergi reserves the right to change the terms and conditions or terminate the offer without prior notice.

9. Intellectual Property Rights

9.1. We or our partners retain all rights, titles, and interests in and to all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (collectively, the “Intellectual Property Rights”) in the Gridpay Services.

9.2. The limited rights granted to you to access and use the Gridpay Services do not confer any additional rights in the Gridpay Services or in or to any related Intellectual Property Rights. All hardware, software, and other components of, or used to provide, the Gridpay Services, including all related Intellectual Property Rights, remain the exclusive property of us and our partners.

10. Data Protection

10.1. We process personal data to provide our Gridpay Services.

10.2. If you sign up for our Gridpay service, we will process your personal data, including your name, address, contact information, the serial number of your myenergi device, energy supplier, rate, and Meter Point Administration Number. We share relevant data with our partner provider, Axle Energy Limited (hereinafter “Axle”), to enable it to interact with your myenergi device to manage its use and change its settings, including charging during off-peak hours. Axle processes your personal data as a data processor on our behalf pursuant to a data processing agreement with us. We remain responsible for ensuring that Axle processes your personal data solely in accordance with our instructions and applicable data protection laws. We also process your banking information when you redeem financial rewards from the program.

10.3. For more information about how we process personal data, please refer to our Privacy Policy and Cookie Policy (collectively, the “Policies”).

10.4. To submit a data protection request, please contact our Data Protection Officer at dpo@myenergi.com.

11. Amendment

11.1. We may amend these Terms and our Policies from time to time. Any revisions to our Terms or Policies will be posted on our website and will apply to the Gridpay Services as of the applicable effective date. Any use by you of our Gridpay Services after the relevant effective date of the revised Terms or the revised Policy constitutes your acceptance of these changes.

12. Limitation of Liability

12.1. We exercise reasonable and appropriate care in the preparation of our Gridpay Services. However, due to the nature of smart charging and external factors beyond our control, we do not guarantee that charging will always take place at a specific time or to a specific level. To the extent permitted by law, we exclude all liability (whether arising from contract, tort, or otherwise) for any loss or damage that you or a third party may suffer in connection with:

• any unforeseeable event caused by our Gridpay Services or the failure to provide Gridpay Services (for any reason), such as a loss you incur because the required charge level for your electric vehicle was not delivered at the specified charging time;
• to the extent that we have taken the steps set forth in Clause 7 (Circumstances Beyond Our Control That Affect the Gridpay Services) of these Terms, which is beyond our reasonable control;
• anything you could have prevented by taking reasonable measures, such as damage to your own digital content or device caused by digital content we provided, which you could have prevented by following our advice to apply a free update, by correctly following the installation instructions, or by meeting the minimum system requirements we specified;
• additional energy costs you incur as a result of us or our partners changing, stopping, starting, or adjusting the flow of electricity through your myenergi devices; or
• business losses related to your trade, business, or profession, and, if you are a business, loss of profits, indirect or consequential damages arising out of or in connection with the Gridpay Services.

12.2. This does not affect our liability for death or personal injury resulting from our negligence, or our liability for fraud or a misrepresentation regarding a material matter, or any other liability that cannot be excluded or limited under applicable law.

12.3. Given the nature of the Gridpay Services, we cannot guarantee that the software supporting the Gridpay Services will be free of defects, interruptions, viruses, vulnerabilities, or errors, or that it will be available 100% of the time. Although we will make reasonable efforts to ensure maximum availability, we are not liable for any unavailability that is beyond our reasonable control.

13. Use of Gridpay Services

13.1. By agreeing to use the Gridpay Services, you agree that you will not attempt to gain unauthorized access, will not violate any applicable laws when using the Gridpay Services or the information contained therein, and that you will not collect or store any personal data derived from the Gridpay Services, whether for legitimate or illegitimate purposes.

13.2. The Gridpay Services may include participation in a program administered by the ESO (Electricity System Operator), TSO (Transmission System Operator), DNO (Distribution Network Operator), and/or other parties responsible for the operation of the electricity system. By agreeing to use the Gridpay Services, you agree to all program-specific requirements set forth in a program-specific registration process, and you agree not to participate in the same program (for example, the ESO’s Demand Flexibility Service) with an equivalent provider. If you sign up with us and are already registered with another provider, you may no longer be able to participate with that provider.

13.3. By accepting these Terms, you agree that we may contact you to learn more about your experiences and to gather your feedback, including suggestions, requests for improvements, and recommendations regarding the Gridpay Services.

14. Termination

14.1. You may terminate your Gridpay Services at any time by deactivating your Gridpay Services account in the Myenergi app. We will process your termination as soon as reasonably possible, and in any event within 14 days of receiving your notice.

14.2. We reserve the right to terminate, deactivate, and/or suspend any Gridpay Services account you have with us, or your use of the Gridpay Services, if you fail to comply with the relevant requirements for using the Gridpay Services that are in effect from time to time and that we or our partners will communicate to you, or for any other reason, without prior notice before taking such action, but we will inform you after the fact; we may also delete your Gridpay Services account in whole or in part, and/or discontinue, modify, or adjust any aspect, feature, or policy of the Gridpay Services, at our sole discretion and at any time without notice.

14.3. In the event of termination of your Gridpay Services account and receipt of the Gridpay Services, you have the right to withdraw any amount credited to your Gridpay Services account, but no further amounts will be credited to you after termination.

14.4. If you exercise your right of withdrawal, or if the Gridpay Services are terminated for any reason before the end of a calendar month, the Gridpay Services will have been provided for only a portion of that month. Any rewards accrued up to the date of withdrawal or termination will be tracked and paid out to you at the end of that calendar month.

14.5. All provisions of the Terms and Conditions that, by their nature, are intended to survive termination shall remain in effect after termination.

15. Right of Withdrawal

15.1. Since you are signing up to receive Gridpay Services, you have a legal right to change your mind about creating your Gridpay Services account and agreeing to receive Gridpay Services.

15.2. If you change your mind, you must notify us no later than 14 days after the date on which we confirm that we have accepted you for the provision of the Gridpay Services; this is the date on which we set up your Gridpay Services account and granted you access to it.

15.3. To let us know that you wish to change your mind, you must deactivate the Gridpay Services using the feature available in your account.

16. Consumer Rights

16.1. We fulfill our legal obligation to provide you with services that correspond to the description on our website and that comply with all legal requirements. Your legal rights are summarized below. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website at http://www.citizensadvice.org.uk.

16.2. A summary of your key legal rights is provided below; because you are purchasing a service from us, the Consumer Rights Act 2015 (the U.K. law on consumer rights) provides that:

• You may request that we redo or repair a service if it was not performed with reasonable care and skill;
• If no price has been agreed upon in advance, the amount requested must be reasonable; and
• If no deadline has been agreed upon in advance, the service must be performed within a reasonable time.

16.3. If we or you have the right to enforce these Terms against the other party, that right is not forfeited, even if the party holding the right delays enforcement or waives the right to enforce in a particular case.

16.4. You may not assign any of your rights under these Terms to another person. We may assign our rights under these Terms if we reasonably believe that doing so will not adversely affect your rights.

16.5. These Terms, together with all information referenced herein regarding rewards, incentives, and the nature of the Gridpay Services, and the Policy, constitute the entire agreement between us and supersede all prior discussions, agreements, or arrangements that may have taken place regarding the Gridpay Services. No conduct, omission, or delay shall affect the validity, binding effect, or enforceability of these Terms or be deemed an implied waiver of any right.

16.6. These Terms apply between you and us. No other person has any right to enforce their provisions.

16.7. Each provision of these Terms and Conditions is independent. If a court or competent authority determines that any of these provisions is unlawful or unenforceable, the remaining provisions will remain in full force and effect.

16.8. We may not immediately take action against you for failing to do something (such as making a payment) or for doing something you are not permitted to do, but that does not mean we cannot do so at a later time.

16.9. These Terms are governed by English law, and you may bring legal proceedings relating to our Gridpay Services before the English courts or before the court in your place of residence.

17. Local anomalies

For the Netherlands, the following exceptions to clauses 1 through 16 above apply:

17.1. Clause 3 is supplemented with the following additional clause: 3.8. The availability of the full functionality of the Gridpay Services may vary by region within the Netherlands, depending on the requirements and operational decisions of the relevant Dutch grid operator. In particular, we or our partners may need to delay or restrict the activation of remote control features on your myenergi device until the relevant grid operator has confirmed that the necessary technical conditions have been met. The Gridpay Services, or specific features thereof, may therefore not be available in your region or may be subject to restrictions. We will notify you when the relevant functionality becomes available to you, including any material restrictions that may apply. This does not affect your right to terminate your account under Section 14.

17.2. Clause 8.1 is replaced by the following provision: The fee owed for your participation in the Gridpay Services in the Netherlands is included in the information provided to you during registration. This compensation may be adjusted from time to time in accordance with market conditions, provided that we will not do so within the first three months following your registration date, and we will always notify you of any change to the compensation at least 30 days before the change takes effect. If you do not agree to such a change, you may terminate your account at any time before the change takes effect, free of charge, in accordance with Section 14. Rewards accrued during your participation may be withdrawn by you at any time prior to the termination of your account to your registered bank account. If you terminate your account with an unclaimed reward balance, the amended clause 14.3 below applies to that balance.

17.3. Clause 8.3 is replaced by the following provision: From time to time, myenergi may offer you additional or separate rewards or incentives through the Gridpay Services. These offers may be subject to their own terms and conditions. Such additional rewards and incentives are not guaranteed, and myenergi reserves the right to modify the terms and conditions or terminate the offer, provided that you are notified of such a modification at least 30 days in advance and you retain the right to terminate the agreement free of charge under Clause 14 if you do not agree to the modification.

17.4. The following clause is added to clause 10: 10.5. Additional program-specific provisions may apply to the Gridpay Services in the Netherlands. If such program-specific provisions are introduced in connection with your participation in a Dutch grid flexibility or congestion management program, they shall prevail over any conflicting provisions in these Terms and Conditions, in accordance with clause 17.18.

17.5. Clause 11.1 is replaced by the following provision: We may amend these Terms for objective reasons, including changes in applicable laws or regulations, decisions by competent authorities, changes in market conditions, or operational requirements of the Gridpay Services. We will notify you by email at least 30 days before any material proposed change takes effect. Non-material changes of an administrative or operational nature that do not adversely affect your rights or obligations may be made without prior notice; we will make the updated Terms available on our website and may, where appropriate, notify you of such changes via email. If you do not agree with a material change, you may terminate your Gridpay Services account free of charge before the change takes effect via the Myenergi app. If you continue to use the Gridpay Services after the change’s effective date, you will be deemed to have accepted it.

17.6. Clause 12.1 is replaced by the following provision: We exercise reasonable and appropriate care in the preparation of our Gridpay Services. However, due to the nature of smart charging and external factors beyond our control, we do not guarantee that charging will always occur at a specific time or reach a specific level. Subject to Section 12.2, and to the extent permitted under mandatory Dutch or EU law, we exclude liability for any loss or damage you may suffer in connection with:

• any unforeseeable event caused by our Gridpay Services or the failure to provide Gridpay Services (for any reason), such as a loss you incur because the required charge level for your electric vehicle was not delivered at the specified charging time;
• to the extent that we have taken the steps set forth in clause 7 of these Terms and Conditions, and this is beyond our reasonable control (force majeure);
• anything you could have prevented by taking reasonable measures, such as damage to your own digital content or device caused by digital content we provided, which you could have prevented by following our advice to apply a free update, by correctly following the installation instructions, or by meeting the minimum system requirements we specified;
• additional energy costs you incur as a result of us or our partners changing, stopping, starting, or adjusting the flow of electricity through your myenergi devices; or
• indirect or consequential damages, including loss of savings or income and expenses incurred.

Our total aggregate liability to you for direct damages per event or series of related events arising out of or in connection with the Gridpay Services is limited to an amount equal to the total rewards paid to you under these Terms in the 12 months preceding the event giving rise to the damages, or €1,000, whichever is greater. Any claim must be submitted to us in writing no later than one year after the date on which you became aware of, or could reasonably have become aware of, the damages and their cause, without prejudice to any mandatory statutory limitation period under Dutch law that cannot be shortened by agreement.

17.7. Clause 12.2 is replaced by the following provision: Nothing in these Terms and Conditions limits or excludes our liability that cannot be excluded or limited under mandatory Dutch or EU law, such as liability for willful recklessness or intentional misconduct.

17.8. Clause 13.2 is replaced by the following provision: The Gridpay Services may include participation in a program operated by the TSO (TenneT) and/or the relevant distribution system operator (DNO), and/or other parties responsible for the operation of the electricity system in the Netherlands. Your device may participate in only one grid flexibility or demand response program at any given time. If your device is registered with Gridpay, it cannot participate in any other flexibility or demand response program through another provider. Similarly, a device that is already participating in another flexibility or demand response program cannot be registered with Gridpay unless it is first removed from that program. If we reasonably believe that you are in violation of this clause, we will notify you and give you the opportunity to remedy the violation before we take further action, in accordance with clause 14.

17.9. Clause 14.2 is replaced by the following provision: We may terminate or suspend your Gridpay Services account (including in the event that the Gridpay Services are discontinued in the Netherlands because our participation in the underlying grid flexibility program ends) by providing you with at least 30 days’ prior written notice. This agreement will terminate upon the expiration of that notice period. We may terminate or suspend your account with immediate effect only if: (i) you materially breach these Terms and, if the breach is remediable, you have not remedied it within 14 days of our written request to do so; (ii) a technical, security, or regulatory risk requires immediate action to protect the integrity of the Gridpay Services or the electric grid; or (iii) continuation of the agreement is prohibited by applicable law or a binding decision by a competent authority. We will notify you as soon as reasonably possible of any immediate termination or suspension and the reason therefor. Upon termination, we and our partners will terminate all remote access to and control over your myenergi devices under these Terms and Conditions for the Gridpay Services.

17.10. Clause 14.3 is replaced by the following provision: We do not retain your banking information indefinitely and cannot automatically pay out accrued but unclaimed rewards. You must therefore claim any accrued reward balance before you close your account. If you close your account with an unclaimed reward balance, we will notify you of that outstanding balance at the time of closure, and you may claim it up to one year after the closure date by contacting our customer service. Any balance not claimed within this one-year period following the termination date will expire. No further rewards will be accrued after the termination date.

11/17. Clause 15.1 is replaced by the following provision: You have the right to cancel your Gridpay Services Agreement, without providing a reason, within 14 days of the date on which your account is activated and you gain access to the Gridpay Services.

12/17. Clause 15.2 is replaced by the following provision: In addition to clause 15.1, by activating your account and confirming your agreement to these Terms, you expressly request that the provision of the Gridpay Services begin immediately, before the 14-day withdrawal period specified in clause 15.1 has expired, and you expressly acknowledge that, to the extent permitted under applicable law, you thereby lose your right of withdrawal as soon as we have begun providing the Gridpay Services. This right of withdrawal is separate from, and applies in addition to, your general right to terminate your Gridpay Services account at any time as described in Clause 14.

17.13. Clause 15.3 is replaced by the following provision: To exercise your right of withdrawal, you must notify us of this in an unambiguous manner before the withdrawal period expires, using the withdrawal feature available in your account.

17.14. Clause 16.1 is replaced by the following provision: We fulfill our legal obligation to provide you with services that correspond to the description provided to you and that comply with all requirements of applicable law. If you are a consumer with your habitual residence in the Netherlands, your legal rights are governed by Dutch law and European Union consumer law. For more information about your rights as a Dutch consumer, please refer to the Netherlands Authority for Consumers and Markets (www.acm.nl) or the ConsuWijzer platform (www.consuwijzer.nl (http://www.consuwijzer.nl)).

17.15. Clause 16.4 is supplemented by the following provision: We will notify you in advance of any transfer of our rights or obligations under these Terms to a third party. You may terminate your Gridpay Services account at any time, free of charge, upon receipt of notice of such a transfer, effective as of the date of the transfer.

17.16. Clause 16.9 is replaced by the following provision:

16.9.1 These Terms and Conditions are governed by the laws of England and Wales. If you are a consumer with habitual residence in the Netherlands, you will continue to enjoy the protection afforded by your country’s mandatory consumer protection laws. If any provision of these Terms and Conditions conflicts with such mandatory consumer protection laws, the mandatory consumer protection laws shall prevail.

16.9.2 If you have a complaint, you can contact us at gridpay@myenergi.com (mailto:gridpay@myenergi.com). If we are unable to resolve your complaint to your satisfaction, you may bring legal proceedings against us before the competent Dutch court, or before any other court with jurisdiction under applicable EU rules, or before the competent court of England and Wales. Please note: myenergi is not affiliated with the Energy Disputes Committee or any other recognized alternative dispute resolution body for complaints regarding the Gridpay Services in the Netherlands.

17.17. KV Flex Program Provisions

This clause applies only if you participate in the KV Flex program, as indicated during the onboarding process for this specific program.

In that case, the following clauses shall be added to clause 10.5:

10.5. References to “Meter Point Administration Number” in clause 10 are, for the Netherlands, references to your connection number (EAN code).

10.6. The Gridpay Services in the Netherlands are provided in connection with the grid flexibility program for small consumers, Kleinverbruikers Flex (KV Flex). Your participation in the Gridpay Services is linked to, and cannot be separated from, our provision of congestion management services to the relevant Dutch grid operator under that framework. Asset and metering data from your device are collected and processed to the extent necessary for the performance of this agreement. It is necessary for us to collect this data, aggregate it at the group level, and share it with the grid operator in order to enable accurate verification of the flexibility services provided under the KV Flex program.

10.7. In connection with the Gridpay Services in the Netherlands, your device data may be shared with relevant Dutch grid operators and other parties involved in the provision of grid flexibility services. The sharing of aggregated, anonymized metering data at the group level does not constitute the sharing of personal data. To the extent that individual device data is shared, this is done on the legal basis of the performance of this agreement. Device data may be retained for at least two years after the end of the calendar month to which it relates, for verification and audit purposes under the KV Flex framework.

10.8. In connection with the KV Flex program for grid flexibility, the relevant Dutch grid operator has certain audit, information, security, and verification rights regarding the provision of the Gridpay Services. You acknowledge and agree that we, our partners, and, where required, the grid operator or its authorized representatives, may need to verify information related to your participation (such as device registration data and aggregated dispatch data) for compliance and audit purposes under the KV Flex framework, and you agree to cooperate reasonably with such verification requests, without prejudice to your rights under these Terms.