NexBlue Smart Charging and Flexibility Programme Terms and Conditions

1. About these Flexibility Terms

1.1

The Flexibility Programme is provided by NEXBLUE UK LIMITED, a company registered in England and Wales under company number 15814357, with its registered office at 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom (“NexBlue”, “we”, “us” or “our”).

1.2

These Flexibility Terms govern Smart Charging and your participation in the Flexibility Programme. They apply in addition to the general NexBlue Terms and Conditions and the NexBlue Privacy Policy.

If there is a conflict between these Flexibility Terms and the general NexBlue Terms and Conditions specifically in relation to Smart Charging or the Flexibility Programme, these Flexibility Terms will take priority to the extent of that conflict.

1.3

The Flexibility Programme is currently available only to eligible customers in Great Britain (England, Wales and Scotland). It is not currently available in Northern Ireland.

We may make the Flexibility Programme available in additional markets in the future, subject to applicable eligibility requirements, laws, regulations and programme arrangements.

1.4 Existing participants and previous service names

Before 1 September 2026, some functionality now provided through Smart Charging and the Flexibility Programme was made available through features including EcoPilot and FlexShare.

From 1 September 2026, these services and the related user experience are being updated and brought together under Smart Charging and the NexBlue Flexibility Programme.

1.5

If, before 1 September 2026, you joined FlexShare or were otherwise enrolled in NexBlue's flexibility services through the previous EcoPilot or FlexShare experience, you will be treated as an existing participant in the Flexibility Programme.

You do not need to enrol again solely because the service name, user experience or these Flexibility Terms have been updated.

1.6

We will notify existing participants of these updated Flexibility Terms and material changes to the service by email or another appropriate communication channel.

These updated Flexibility Terms will apply to your continued participation from 1 September 2026, subject to applicable law. You remain free to withdraw from the Flexibility Programme at any time in accordance with Section 12.

Where applicable law requires us to obtain a new or renewed consent for a particular use of personal data, we will obtain that consent separately as required.

1.7

For existing participants, the date on which you originally joined the relevant flexibility service will continue to be used for determining your Reward Period.

The transition to Smart Charging and these updated Flexibility Terms will not:

1. restart your Reward Period;
2. create a new enrolment date;
3. entitle you to an additional Welcome Reward if you have already received one; or
4. cause any valid existing Reward Balance to be lost solely because of the transition.

1.8

Any valid Smart Meter authorisation or consent provided before 1 September 2026 will continue for its applicable consent period unless a new or renewed consent is required by applicable law, the relevant data-access arrangements, or because the purpose or scope of the processing materially changes.

The transition to Smart Charging and the introduction of these updated Flexibility Terms will not, by themselves, restart the applicable 18-month Smart Meter consent period.

2. Definitions

In these Flexibility Terms:

“Account” means your registered NexBlue account through which you access NexBlue products and services.

“Event” means a period during which the charging operation of a Flexible Device is scheduled, adjusted or controlled for the purpose of providing or preparing to provide a Grid Service, including any reasonable preparation or recovery period associated with that activity.

“Flexible Device” means an eligible NexBlue electric vehicle charge point registered to your Account and enrolled in the Flexibility Programme.

“Flexibility Programme” means the NexBlue programme delivered through Smart Charging under which eligible Flexible Devices may participate in Grid Services and eligible customers may receive Rewards.

“Flexibility Service Provider” means a third party specifically authorised by NexBlue to support the aggregation, registration, operation or management of Flexible Devices for Grid Services.

“Grid Services” means electricity flexibility, balancing, capacity, demand response and other services intended to support the operation, stability or efficiency of the electricity system.

“MPAN” means the Meter Point Administration Number used to identify an electricity supply point in Great Britain.

“NexBlue App” or “App” means the NexBlue mobile application through which Smart Charging and the Flexibility Programme are made available.

“Programme Operator” means an electricity system, network or market operator responsible for procuring, operating or administering a Grid Service, including the National Energy System Operator (“NESO”) and Distribution Network Operators (“DNOs”).

“Programme Rules” means the applicable technical, market, settlement and participation requirements governing a Grid Service and applied by the relevant Programme Operator.

“Qualifying Charging Session” means a charging session recorded by NexBlue's systems during which:

1. Smart Charging and participation in the Flexibility Programme are enabled;
2. an eligible Flexible Device is connected to an electric vehicle and delivers electricity to that vehicle; and
3. the session is not reasonably identified as a test, duplicate, erroneous, manipulated, fraudulent or otherwise invalid session.

“Reward Balance” means the amount of valid Rewards credited to you through the Flexibility Programme which has not yet been withdrawn or otherwise settled.

“Reward Period” means the monthly period beginning on the date on which you successfully enrolled in the Flexibility Programme, or for an existing participant the date determined under Section 1.7, and each subsequent monthly anniversary of that date.

Where the corresponding date does not exist in a particular month, the relevant Reward Period will begin or end on the last day of that month, as applicable.

“Rewards” means payments, credits or other benefits made available by NexBlue in connection with participation in the Flexibility Programme.

“Smart Charging” means the NexBlue functionality through which EV charging is automatically scheduled and managed having regard to your charging preferences, tariff information, Grid Service requirements and other applicable parameters.

“Smart Meter” means an eligible electricity smart meter capable of providing the metering information required for participation in the relevant Grid Services.

“Withdrawal Threshold” means the minimum Reward Balance required before a cash withdrawal can be requested. As at the effective date of these Flexibility Terms, the Withdrawal Threshold is £15.

3. The Flexibility Programme

3.1

The Flexibility Programme enables eligible customers and Flexible Devices to participate in Grid Services through Smart Charging.

3.2

Grid Services are used by electricity system, network and market operators to help manage electricity supply and demand and support the efficient, reliable and flexible operation of the electricity system.

3.3

NexBlue may work with Flexibility Service Providers and other service providers to aggregate, register and manage eligible Flexible Devices for participation in applicable Grid Services.

3.4

By joining or continuing to participate in the Flexibility Programme, you authorise NexBlue and, where necessary, our authorised Flexibility Service Providers to:

1. assess the eligibility of you, your electricity supply and your Flexible Device;
2. register your MPAN and Flexible Device for participation in relevant Grid Services;
3. enrol and manage your Flexible Device in applicable Grid Services;
4. exchange information reasonably required to operate, measure, verify, settle and administer your participation; and
5. remotely schedule and adjust charging as described in Section 6.

3.5

Participation in individual Grid Services may depend on factors including your location, electricity supply, Smart Meter, Flexible Device, tariff, charger configuration, technical availability and the requirements of the relevant Programme Operator.

3.6

Although participation in the Flexibility Programme may entitle you to the Rewards described in Section 7, NexBlue does not guarantee:

1. that your Flexible Device will qualify for every available Grid Service;
2. that any minimum number or frequency of Events will occur;
3. that your Flexible Device will participate in every available Event; or
4. that any particular amount of flexibility will be requested from your Flexible Device.

These limitations do not affect your entitlement to a Reward where you have satisfied the applicable Reward conditions set out in Section 7.

3.7

Programme Operators may amend, suspend or discontinue Grid Services or Programme Rules. Where this materially affects your participation, eligibility or Rewards, NexBlue will take reasonable steps to inform you in accordance with these Flexibility Terms.

NexBlue is not responsible for decisions made by Programme Operators which are outside NexBlue's reasonable control.

4. Eligibility and your authority to participate

4.1

To participate in the Flexibility Programme, you must:

1. be at least 18 years old;
2. have an eligible electricity supply at an address in Great Britain;
3. have an eligible Flexible Device registered to your Account;
4. have a compatible Smart Meter and electricity supply where required for the relevant Grid Service;
5. provide a valid MPAN and other information reasonably required to establish or maintain eligibility;
6. be the electricity bill payer at the registered address, or have the bill payer's authority to enrol the electricity supply in the Flexibility Programme; and
7. own the Flexible Device or have sufficient authority from its owner and any other relevant party to enrol and operate it in accordance with these Flexibility Terms.

4.2

You confirm that information you provide in connection with the Flexibility Programme is accurate, complete and not misleading.

4.3

We may ask you to provide reasonable evidence of your eligibility or authority to participate where necessary, including where the electricity account, premises or Flexible Device is owned or controlled by another person.

4.4

You must notify us or update the relevant information in the NexBlue App where available if information relevant to your eligibility materially changes.

4.5

A Flexible Device or electricity supply may be permitted to participate in a particular Grid Service through only one flexibility provider at a time.

You must not knowingly enrol the same Flexible Device or electricity supply with another provider where doing so would create a duplicate registration or otherwise conflict with the applicable Programme Rules.

4.6

If you use another electricity tariff, flexibility programme or third-party charging service which controls or schedules your charging, you are responsible for checking whether that service is compatible with the Flexibility Programme.

4.7

Certain smart or intelligent EV tariffs and other services which independently control charging may be incompatible with the Flexibility Programme.

NexBlue may prevent enrolment or suspend participation where such an incompatibility is identified.

4.8

NexBlue may determine eligibility using information reasonably available to us and our authorised Flexibility Service Providers and by reference to the applicable Programme Rules.

We may refuse or discontinue participation where we reasonably determine that the relevant eligibility requirements are not met.

4.9

If you move home, you must withdraw from the Flexibility Programme for your existing address no later than the date on which you cease to have authority over that electricity supply.

Participation at a new address will be subject to a new eligibility assessment and, where required, a new MPAN registration and Smart Meter authorisation.

Moving home or enrolling a different Flexible Device does not create an entitlement to another Welcome Reward where you have already received one.

5. How Smart Charging works

5.1

The Flexibility Programme is delivered through Smart Charging.

5.2

Smart Charging may take account of information and preferences provided through the NexBlue App, including:

1. your charging requirements;
2. your selected ready time;
3. your charging schedule or preferences;
4. relevant tariff information; and
5. other settings relevant to charging optimisation.

5.3

When Smart Charging is enabled, NexBlue may also take account of Grid Service requirements and flexibility opportunities when determining when and how your Flexible Device charges.

5.4

As a result, participation may affect the timing, duration or charging rate of a charging session.

5.5

NexBlue will take the charging requirements you provide through the App into account when scheduling charging and will use reasonable endeavours to avoid flexibility adjustments which, based on the information and connectivity reasonably available to us at the time, we reasonably expect would prevent those charging requirements from being met.

5.6

Smart Charging and the Flexibility Programme may operate differently depending on your Flexible Device, electricity tariff, installation configuration, third-party integrations, connectivity and other technical or operational factors.

5.7

Certain tariffs, charging modes, third-party services, integrations or configurations may be incompatible with Smart Charging or the Flexibility Programme. Where this occurs, NexBlue may prevent enrolment, limit functionality or suspend participation while the incompatibility continues.

6. Authorisation to control your Flexible Device

6.1

By joining or continuing to participate in the Flexibility Programme, you authorise NexBlue and Flexibility Service Providers specifically authorised by NexBlue for this purpose to remotely manage the charging operation of your Flexible Device to the extent reasonably necessary to provide Smart Charging and participate in Grid Services.

6.2

This may include:

1. scheduling charging;
2. starting, stopping, pausing or delaying charging;
3. increasing or decreasing charging power, subject to the technical capabilities and configured safety limits of your Flexible Device; and
4. making other reasonable charging adjustments required to prepare for, participate in or complete an Event.

6.3

A commercial partner, technology supplier or other service provider does not receive authority to control your Flexible Device merely because it supplies services to NexBlue. Remote charging control under this Section is limited to NexBlue and Flexibility Service Providers specifically authorised for that purpose.

6.4

You remain able to override Smart Charging using the controls provided in the NexBlue App where you need to prioritise immediate charging.

6.5

An override may prevent or reduce participation in an Event or cause a charging session not to qualify for a Reward.

An individual override will not, by itself, remove you from the Flexibility Programme.

6.6

NexBlue will not intentionally prevent you from using an available override function in order to prioritise your own charging needs.

6.7

NexBlue does not guarantee that your vehicle will:

1. reach a particular state of charge;
2. receive a particular amount of energy; or
3. complete charging by a particular time,

where this is prevented or materially affected by circumstances outside NexBlue's reasonable control, including vehicle behaviour, vehicle settings, connectivity, electricity supply interruptions, third-party systems, charger availability or inaccurate or incomplete information provided to us.

6.8

You remain responsible for ensuring that the charging preferences and requirements you enter in the NexBlue App are suitable for your needs.

6.9

Firmware or software updates may be required to maintain the security, compatibility or functionality of Smart Charging or your Flexible Device. NexBlue may deploy such updates in accordance with the general NexBlue Terms and Conditions.

7. Rewards

7.1 Current Reward structure

As at 1 September 2026, eligible participants may receive:

1. a £10 Welcome Reward following successful enrolment in the Flexibility Programme; and
2. a £5 Monthly Reward for each Reward Period in which the conditions in this Section are satisfied.

7.2 Welcome Reward

The £10 Welcome Reward will be credited after you successfully complete enrolment and NexBlue has established that you meet the applicable eligibility requirements.

7.3

You may receive the Welcome Reward only once.

Leaving and subsequently rejoining the Flexibility Programme does not create a new entitlement to a Welcome Reward. NexBlue may therefore decline or reverse a duplicate Welcome Reward where the same customer, Account, Flexible Device or premises has previously received one.

Existing participants who have already received a welcome or sign-up reward under the previous FlexShare experience are not entitled to another Welcome Reward as a result of the transition to Smart Charging.

7.4 Monthly Reward

You will be eligible for the £5 Monthly Reward for a Reward Period if:

1. you remain enrolled in and eligible for the Flexibility Programme for that Reward Period;
2. Smart Charging remains enabled as required for participation; and
3. at least two Qualifying Charging Sessions are completed during that Reward Period.

7.5

The first Reward Period begins on the date you successfully join the Flexibility Programme or, for an existing participant, continues from the date determined under Section 1.7.

For example, if your applicable enrolment date is 20 May, the relevant monthly Reward Period will normally run by reference to the 20th day of each month.

Reward Periods are therefore based on your applicable enrolment date and are not calendar months.

7.6

Monthly Rewards will normally be credited on or shortly after completion of the relevant Reward Period, subject to reasonable verification and processing.

A delay in crediting a Reward does not remove your entitlement where the relevant conditions have been satisfied.

7.7 Verification

NexBlue may use information reasonably available from your Flexible Device, Account, Smart Meter, Flexibility Service Providers or Programme Operators to verify whether the conditions for a Reward have been satisfied.

Verification may be automated or carried out manually.

The absence of automated validation at the time a Reward is credited does not prevent NexBlue from subsequently correcting a Reward where reliable information shows that the relevant eligibility conditions were not met.

7.8 Withdrawal of Rewards

Rewards are credited to your Reward Balance.

You may request a cash withdrawal once your valid Reward Balance reaches the applicable Withdrawal Threshold.

As at 1 September 2026, the Withdrawal Threshold is £15.

You may be required to provide valid payment details and complete reasonable identity, payment or fraud-prevention checks before a withdrawal is processed.

7.9 Effect of voluntary withdrawal

If you voluntarily withdraw from the Flexibility Programme:

1. a valid Reward Balance which has reached the Withdrawal Threshold remains payable and may be withdrawn in accordance with the applicable payment process; but
2. any remaining Reward Balance below the Withdrawal Threshold will expire when your withdrawal becomes effective and will no longer be payable.

We will make this consequence reasonably clear to you before your withdrawal is completed where the NexBlue App permits us to do so.

7.10 Reward corrections

NexBlue may withhold, correct, recalculate or reverse a Reward where we reasonably determine that it resulted from:

1. fraud, abuse or manipulation;
2. materially inaccurate, incomplete or misleading information;
3. duplicate or conflicting participation;
4. a technical, metering, data or calculation error;
5. invalid or subsequently corrected information received from a Flexibility Service Provider or Programme Operator;
6. a charging session which did not satisfy the definition of a Qualifying Charging Session; or
7. a material breach of these Flexibility Terms which is directly relevant to the Reward concerned.

7.11

Where we make a material correction or reversal, we will normally tell you the reason and provide a reasonable opportunity for you to contact us if you believe the correction is wrong.

We may delay giving detailed information where reasonably necessary to prevent fraud, protect security or comply with legal or regulatory requirements.

7.12

A Reward calculation may depend on data or settlement information which is subsequently corrected or finalised. NexBlue may make reasonable corresponding adjustments to reflect corrected or final information.

7.13 Changes to Rewards

The amounts, eligibility criteria, Withdrawal Threshold or structure of future Rewards may change in accordance with Section 14.

A change will not retrospectively reduce a Reward which you have already validly earned.

Where reasonably practicable, a materially adverse change to the Reward structure will be communicated in advance and NexBlue will normally aim to provide at least 30 days' notice.

A shorter notice period may be necessary where a change results from law, regulation, Programme Rules, a Programme Operator requirement, security considerations or another circumstance which reasonably requires more urgent action.

8. Information used to provide the Flexibility Programme

8.1

Providing Smart Charging and the Flexibility Programme requires NexBlue and relevant service providers to use information relating to you, your electricity supply, your Smart Meter and your Flexible Device.

8.2

Depending on the Grid Service and your configuration, this may include:

1. contact information, including your email address and registered address;
2. your MPAN and information relating to your electricity supply;
3. half-hourly electricity consumption and, where relevant, export data;
4. energy, power and other measurements from your Flexible Device;
5. charging, plug-in, availability and usage information;
6. charging status, schedules and preferences;
7. device identifiers, firmware information and relevant technical information;
8. installation and commissioning information;
9. participation, Event, baseline, performance and settlement information;
10. Reward and payment information; and
11. other information which is necessary and proportionate for establishing eligibility, providing Grid Services, measuring and verifying performance, administering Rewards, preventing fraud or operating the Flexibility Programme.

8.3

Relevant information may be shared with authorised Flexibility Service Providers, Programme Operators and their authorised service providers where necessary to:

1. determine or verify eligibility;
2. register an MPAN or Flexible Device;
3. operate a Grid Service;
4. measure and verify performance;
5. identify duplicate participation;
6. calculate or reconcile settlement and Rewards;
7. meet audit requirements; or
8. comply with applicable law, regulation or Programme Rules.

8.4

Where Smart Meter information is obtained through national smart metering infrastructure, access will be carried out in accordance with applicable law and relevant industry requirements, including the Smart Energy Code where applicable.

8.5

Programme Operators may in some circumstances require participant-level half-hourly metering information or Flexible Device telemetry in order to validate, audit or settle participation in a Grid Service.

8.6

Further information about how personal data is processed, including applicable retention periods or the criteria used to determine those periods, is provided in the NexBlue Privacy Policy.

9. Smart Meter authorisation and consent

9.1

Where participation requires access to your Smart Meter information, the NexBlue enrolment process will provide information about the Smart Meter data required and ask you to provide the applicable authorisation or consent before that access takes place.

For existing participants, any valid Smart Meter authorisation or consent already provided will be treated in accordance with Section 1.8.

9.2

Where data protection law requires us or another organisation to rely on your consent, the relevant consent request will identify, as required by applicable law:

1. the organisation or organisations relying on the consent;
2. the information to be accessed;
3. why the information is required;
4. how it will be used; and
5. how you can withdraw your consent.

Further information may also be provided in the NexBlue Privacy Policy or associated privacy information shown during enrolment.

9.3

By completing the applicable Smart Meter consent step, you authorise access to eligible half-hourly Smart Meter data for the purposes described to you and for participation in the Flexibility Programme.

9.4

Smart Meter consent may be required to be renewed every 18 months following initial verification.

Where renewal is required, we may ask you to reconfirm your consent in order to continue participating in Grid Services which require that Smart Meter information.

9.5

You may withdraw Smart Meter consent at any time by withdrawing from the Flexibility Programme through the NexBlue App or by contacting NexBlue Support.

9.6

If you withdraw Smart Meter consent:

1. future access to your Smart Meter information for the Flexibility Programme will stop as soon as reasonably practicable, subject to any necessary technical or administrative processing period;
2. Smart Meter information will no longer be shared for future Events where that information is required; and
3. you will no longer be eligible to participate in Grid Services which require access to that Smart Meter information.

9.7

Withdrawal does not affect:

1. processing lawfully carried out before withdrawal;
2. information already lawfully shared; or
3. information which NexBlue, a Flexibility Service Provider or a Programme Operator is required or permitted to retain for legal, regulatory, settlement, fraud-prevention or audit purposes.

9.8

If you move from the registered address, you must withdraw the Smart Meter authorisation relating to that address no later than the date on which you cease to have authority over the electricity supply.

10. Flexibility Service Providers and Programme Operators

10.1

NexBlue may appoint Flexibility Service Providers and other service providers to operate or administer parts of the Flexibility Programme.

10.2

Only NexBlue and Flexibility Service Providers specifically authorised for flexibility operation may exercise the remote charging permissions described in Section 6.

10.3

Other technical, payment, communications or support providers may receive only the access reasonably necessary for the services they provide.

10.4

NexBlue may appoint, change or replace service providers from time to time where reasonably necessary to operate the Flexibility Programme.

Where this materially changes how your personal data is used or requires a new consent, we will provide the information or obtain the consent required by applicable data protection law.

10.5

Different organisations involved in the Flexibility Programme may have different roles under data protection law.

Depending on the relevant processing, a third party may act as NexBlue's processor or may act as a separate or joint controller. Where required by applicable law, those roles and the identity of the relevant organisation will be explained in the applicable privacy information.

10.6

Programme Operators may make decisions or change requirements which affect whether a particular Grid Service remains available to you. NexBlue will use reasonable efforts to manage those changes in accordance with these Flexibility Terms.

11. Communications

11.1

By joining or continuing to participate in Smart Charging and the Flexibility Programme, you may receive communications which are reasonably necessary to enrol you in, operate and administer the service.

11.2

These communications may include:

1. a Welcome email following successful enrolment in Smart Charging for new participants;
2. eligibility or verification messages;
3. important service or operational information;
4. information about Rewards or your Reward Balance;
5. Smart Meter consent and renewal notices;
6. suspension or withdrawal information;
7. material changes to Smart Charging, the Flexibility Programme or these Flexibility Terms; and
8. other information reasonably necessary to administer your participation.

11.3

Communications under this Section are service communications and are separate from marketing communications.

Marketing communications will be managed in accordance with your applicable marketing preferences and applicable law.

12. Withdrawal and suspension

12.1

Participation is voluntary.

You may withdraw from the Flexibility Programme at any time using the withdrawal functionality in the NexBlue App or by contacting NexBlue Support.

12.2

Withdrawing from the Flexibility Programme will stop your participation in Smart Charging under these Flexibility Terms.

It does not, by itself, terminate your NexBlue Account or prevent you from using other NexBlue products or services which remain available to you.

12.3

We will process withdrawal as soon as reasonably practicable.

Removal from all Grid Service registration, data-access and settlement systems may not be instantaneous because of technical or market processes.

12.4

The treatment of your Reward Balance following voluntary withdrawal is described in Section 7.9.

12.5

NexBlue may temporarily suspend participation where:

1. your Flexible Device is offline or unavailable;
2. your Smart Meter or required metering information becomes unavailable;
3. your tariff, Flexible Device, configuration or third-party integration becomes incompatible with the Flexibility Programme;
4. we reasonably believe that you no longer meet the eligibility requirements;
5. duplicate or conflicting participation is identified;
6. information required to operate or verify participation cannot be obtained;
7. you fail to provide or renew a required Smart Meter authorisation;
8. we reasonably suspect fraud, misuse or manipulation; or
9. a technical, operational, security, legal or regulatory risk reasonably requires suspension.

12.6

Where reasonably practicable, we will tell you that your participation has been suspended, explain the general reason and identify any action reasonably required from you to restore participation.

We may delay or limit that information where doing so is reasonably necessary for fraud prevention, security, legal or regulatory purposes.

12.7

Where the reason for suspension is resolved and you remain eligible, NexBlue will use reasonable efforts to restore participation.

12.8

You may cease to accrue Monthly Rewards during a suspension where the relevant Reward conditions are not satisfied.

A suspension does not, by itself, remove a valid Reward which was earned before the suspension.

13. Termination and discontinuation

13.1

NexBlue may terminate your individual participation where:

1. you materially breach these Flexibility Terms;
2. information supplied by you is materially false, inaccurate, incomplete or misleading;
3. you cease to meet the eligibility requirements;
4. continued participation would breach law, regulation or applicable Programme Rules;
5. we reasonably identify fraud, misuse or a material security risk;
6. a service or arrangement reasonably necessary for your participation is discontinued and no suitable alternative is available; or
7. continued participation is no longer technically possible.

13.2

Where reasonably practicable, NexBlue will give you notice before terminating your participation and will explain the general reason.

Immediate termination may be necessary in cases involving fraud, security, legal or regulatory requirements or material operational risk.

13.3

NexBlue may discontinue the Flexibility Programme, in whole or in part, where it is no longer commercially, technically, operationally or legally practicable to continue providing it.

13.4

Where NexBlue decides to permanently discontinue the Flexibility Programme for reasons which do not require urgent action, we will provide reasonable advance notice and will normally aim to provide at least 30 days' notice.

A shorter notice period may apply where immediate or more rapid discontinuation is reasonably required because of law, regulation, a Programme Operator requirement, security, safety or another circumstance outside NexBlue's reasonable control.

13.5 Final settlement if NexBlue closes the Programme

If NexBlue permanently discontinues the Flexibility Programme as a whole, any valid Reward Balance which you earned before the effective date of discontinuation will remain payable.

For this final settlement, the normal Withdrawal Threshold will not apply.

13.6

NexBlue may withhold or correct amounts which are subject to a genuine fraud, abuse, duplication or calculation investigation in accordance with Section 7, but Programme closure will not otherwise cause valid earned Rewards to be forfeited.

13.7

Withdrawal or termination of participation ends this agreement only in relation to Smart Charging and the Flexibility Programme.

It does not terminate your NexBlue Account or, by itself, affect your right to use other NexBlue products and services.

13.8

Withdrawal or termination does not affect rights, obligations, valid Reward corrections or liabilities which arose before termination.

Any provisions which by their nature are intended to continue after termination, including provisions concerning data retention, Reward reconciliation, liability and disputes, will continue to apply.

14. Changes to the Flexibility Programme and these Terms

14.1

NexBlue may make reasonable changes to the Flexibility Programme or these Flexibility Terms where necessary to reflect:

1. changes to Grid Services or Programme Rules;
2. changes in applicable law, regulation or regulatory guidance;
3. technical, operational, safety or security requirements;
4. changes to Flexibility Service Providers or other necessary service arrangements;
5. changes to the Reward structure;
6. developments or improvements to Smart Charging or the Flexibility Programme; or
7. changes needed to clarify these Flexibility Terms or correct errors or ambiguities.

14.2

We will not use this Section simply to make arbitrary changes which unfairly disadvantage participants.

14.3

Where a change materially and adversely affects your rights, obligations or Rewards, NexBlue will provide reasonable advance notice through the NexBlue App, email or another appropriate communication channel.

Where reasonably practicable, we will normally aim to provide at least 30 days' notice of such a change.

14.4

A shorter notice period may be necessary where a change must be implemented more quickly because of:

1. applicable law or regulation;
2. a binding or operational requirement of a Programme Operator;
3. security or safety requirements;
4. prevention of fraud or misuse; or
5. another circumstance which makes the normal notice period reasonably impracticable.

14.5

Changes to Rewards will not retrospectively reduce Rewards already validly earned.

14.6

Where reasonably practicable, a materially adverse change to Reward conditions will apply from a future Reward Period rather than part-way through a Reward Period which has already begun.

14.7

The updated Flexibility Terms will state their effective date.

14.8

Where required by law, or where a change materially expands an authorisation or consent previously provided by you, NexBlue may ask you to expressly accept the updated terms or provide a new consent before continuing to participate.

14.9

If you do not agree to a material change, you may withdraw from the Flexibility Programme before the change takes effect.

15. Liability

15.1

Nothing in these Flexibility Terms excludes or limits any liability where it would be unlawful to do so.

In particular, nothing excludes or limits liability for:

1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation; or
3. any statutory right or liability which cannot lawfully be excluded or limited.

15.2

Smart Charging and the Flexibility Programme depend on systems and services which are not entirely within NexBlue's control, including electricity networks, national smart metering infrastructure, communications networks, vehicles, Programme Operators and third-party systems.

15.3

NexBlue does not guarantee:

1. uninterrupted or error-free availability of Smart Charging or the Flexibility Programme;
2. participation in any particular Event or Grid Service;
3. uninterrupted communication with your Flexible Device, vehicle or Smart Meter;
4. continued availability of a particular Grid Service; or
5. any financial return other than a Reward which you have validly earned under the applicable Reward conditions.

15.4

Subject to Section 15.1, NexBlue will not be responsible for loss or damage to the extent that it is caused by circumstances outside NexBlue's reasonable control.

15.5

Subject to Section 15.1, NexBlue will not be responsible for losses which were not reasonably foreseeable when you entered into these Flexibility Terms.

15.6

NexBlue will not be responsible for a failure to provide Smart Charging, participate in a Grid Service or award a Reward to the extent that the failure results from:

1. materially inaccurate information supplied by you;
2. your failure to comply with these Flexibility Terms;
3. the behaviour, configuration or unavailability of your vehicle or Flexible Device;
4. an incompatible third-party charging service or tariff; or
5. another matter reasonably within your control.

15.7

Nothing in these Flexibility Terms affects your statutory rights as a consumer.

16. Data protection

16.1

NexBlue will process personal data relating to the Flexibility Programme in accordance with applicable data protection law and the NexBlue Privacy Policy.

16.2

NexBlue acts as a controller where NexBlue determines the purposes and means of processing personal data in connection with the Flexibility Programme.

Other organisations may act as processors on NexBlue's behalf or as separate or joint controllers depending on their role.

Where required by law, further information about those organisations and their roles will be provided in the NexBlue Privacy Policy or other relevant privacy information.

16.3

Personal data may be shared with authorised Flexibility Service Providers, Programme Operators and other necessary service providers where there is an appropriate lawful basis and where the sharing is necessary and proportionate for the purposes described in these Flexibility Terms and the NexBlue Privacy Policy.

16.4

Information concerning registration, Smart Meter consent, participation, charging activity, Events, performance, Rewards and settlement may be retained for the period required by applicable law, Programme Rules, legitimate fraud-prevention and audit requirements, or the retention periods or criteria described in the NexBlue Privacy Policy.

16.5

Where consent is relied on as the lawful basis for particular processing, you may withdraw that consent as described in these Flexibility Terms and the NexBlue Privacy Policy.

Withdrawal does not affect processing lawfully carried out before withdrawal.

16.6

Further information about:

1. the categories of personal data NexBlue collects;
2. the purposes and lawful bases for processing;
3. organisations with whom information is shared;
4. applicable retention periods;
5. international transfers where applicable;
6. your data protection rights; and
7. how to make a data protection complaint,

is provided in the NexBlue Privacy Policy.

17. Administration and Programme Rules

17.1

NexBlue is responsible for administering the Flexibility Programme and may make reasonable determinations concerning eligibility, participation, verification and Rewards in accordance with these Flexibility Terms and applicable Programme Rules.

17.2

Any determination under this Section must be made reasonably and on the basis of information available to NexBlue at the relevant time.

17.3

Where information used to administer the Flexibility Programme is subsequently corrected, including information supplied by a Smart Meter, Flexibility Service Provider or Programme Operator, NexBlue may make corresponding reasonable corrections to participation records, settlement calculations and Rewards.

17.4

Programme Rules govern NexBlue's and its Flexibility Service Providers' participation in the relevant Grid Service to the extent required by the applicable Programme Operator.

Programme Rules do not impose undisclosed additional contractual obligations directly on you.

17.5

Where a Programme Rule creates or changes a material requirement affecting your eligibility, participation, Rewards or obligations under the Flexibility Programme, NexBlue will communicate the relevant customer-facing effect to you where reasonably practicable.

17.6

If a Programme Rule prevents NexBlue from continuing to provide a particular Grid Service on the basis described in these Flexibility Terms, NexBlue may modify, suspend or discontinue participation in that Grid Service in accordance with Sections 12 to 14.

17.7

If any provision of these Flexibility Terms is found to be unlawful, invalid or unenforceable, that provision will apply only to the extent permitted by law and the remaining provisions will continue in effect.

17.8

A delay or failure by NexBlue to exercise a right under these Flexibility Terms does not mean that NexBlue has waived that right.

17.9

These Flexibility Terms, together with the documents expressly referred to in them, contain the terms governing your participation in Smart Charging and the Flexibility Programme.

18. Governing law, complaints and disputes

18.1

These Flexibility Terms are governed by the laws of England and Wales.

This does not deprive you of any mandatory consumer protection available to you under the law applicable where you live.

18.2

If you live in Scotland, you may rely on any applicable mandatory Scottish consumer protections and may bring proceedings relating to these Flexibility Terms in the Scottish courts.

18.3

If you live in England or Wales, proceedings relating to these Flexibility Terms may be brought in the courts of England and Wales.

Nothing in these Flexibility Terms restricts any other right you may have as a consumer to bring proceedings in a court with jurisdiction under applicable law.

18.4

If you have a question, complaint or dispute concerning Smart Charging or the Flexibility Programme, please contact NexBlue Support first so that we have an opportunity to investigate and seek to resolve the matter.

18.5

Nothing in this Section limits your right to use any complaint, regulatory or dispute-resolution mechanism which is available to you under applicable law.

19. Contact us

If you have questions about Smart Charging, the Flexibility Programme, these Flexibility Terms, Rewards, Smart Meter consent or withdrawal from the Flexibility Programme, please contact:

NEXBLUE UK LIMITED

71–75 Shelton Street

Covent Garden

London

WC2H 9JQ

United Kingdom

Email: support@nexblue.com

For information about how NexBlue processes personal data, please refer to the NexBlue Privacy Policy.