Terms and Conditions

1. Introduction

Welcome to Flower's market optimization service (the “Service”), operated by Flower Infrastructure Technologies AB (“Flower”, “we” or “us”). These Terms and Conditions (the “Terms”) govern your use of the Service which enables your distributed energy asset(s) (battery, EV charger or other energy asset) to participate in energy markets and grid services.

By accepting these Terms, you (the “Customer” or “you”) agree to be bound by these Terms and our Privacy Policy, which is a prerequisite for using the Service.

2. Service Description

Flower provides a cloud-based integration and optimization platform that enables distributed energy assets to participate in electricity markets through integrations and partnerships with third parties, including but not limited to Original Equipment Manufacturers (OEMs), Home Energy Management Systems (HEMS) providers, electricity retailers and other relevant service providers.

2.1 The Service

We aggregate and optimize the operation of your energy asset(s) to facilitate participation in electricity markets. By doing so, the asset(s) can support the stability and balance of the electricity system and may enable you to earn additional revenue. Markets may include, without limitation, physical power markets, ancillary service markets, capacity markets, or other electricity trading markets, as determined by Flower in its sole discretion from time to time.

2.2 Asset Control

By using the Service, you authorize Flower to send operational control signals to your energy asset(s).

2.3 Partner Integration

The Service operates through third-party integrations and partnerships. The quality and availability of the Service depend on these integrations.

3. Eligibility and Requirements

3.1 Technical Requirements

Your energy asset(s) must be compatible with Flower’s integration environment and services, properly installed, and connected to a stable internet connection.

3.2 Retailer Requirements

In order to enable participation in electricity markets through the Service, you must have or switch to an electricity retailer agreement that is compatible with the Service (for both production and consumption). The retailer switching process typically takes 2–4 weeks and is subject to the terms of your new electricity agreement.

3.2.1

All fees and other charges related to the electricity retailer contract are out of the scope of these Terms and shall be borne solely by you. Flower shall have no responsibility or liability in relation to such fees or charges.

3.2.2

If your electricity retailer is no longer compatible with the Service, Flower will inform you without undue delay. In order to continue using the Service, you must then switch to an electricity retailer that is compatible with the Service. If you do not do so, the Service will be deactivated and these Terms will cease to apply (except for as follows from Section 8.4), but the deactivation of the Service will not affect your separate agreement with your electricity retailer, OEM or HEMS provider.

3.3 Grid connection requirements

You must have a valid grid connection agreement with the relevant grid operator to whose grid your energy asset(s) are directly connected. All grid fees and other charges imposed by the grid operator are out of the scope of these Terms and shall be borne solely by you. Flower shall have no responsibility or liability in relation to such grid fees or charges.

3.4 Regulatory Compliance

Your energy asset(s) must comply with all applicable regulations and requirements set by Svenska Kraftnät (the Swedish transmission system operator) and other relevant authorities.

3.5 Asset Operation Awareness

You are responsible for ensuring that you understand that your energy asset(s) may be operated in the ways described in these Terms when connected to the Service. This includes understanding the asset’s performance characteristics, operational limitations, and potential effects of participation in electricity markets, including but not limited to frequent on/off cycles and charge-to-grid or discharge-from-grid events.

4. Revenue and Payment

Participation in electricity markets through the Service may generate compensation based on the performance and availability of your energy asset(s).

4.1 Compensation Terms

Compensation is calculated based on actual market participation, market conditions and the performance and availability of your energy asset(s), with deduction of related costs, including but not limited to imbalance costs and third-party fees.

The calculated compensation is paid by Flower to the applicable partner that facilitates the Service (such as electricity retailer, OEM, or other relevant service provider that is partnered with Flower).

The applicable partner is responsible for distributing the compensation to you in accordance with its own terms, billing arrangements or settlement processes. Compensation may be provided to you either as a payment or through a set-off (for example as a credit or deduction on your electricity bill). Compensation should typically be provided 1–2 months after the period in which the revenue is generated, subject to settlement timelines and third-party processing.

Flower does not have a direct payment obligation to you with respect to such compensation unless explicitly stated otherwise.

4.2

Any revenue or compensation received through participation in electricity markets via the Service may be subject to applicable taxes, duties, or other public charges under applicable law.

You are solely responsible for determining and fulfilling any tax obligations that may arise in connection with compensation received through the Service, including but not limited to income tax, value-added tax (VAT), or other applicable taxes.

Flower does not provide tax advice and shall not be responsible for reporting, withholding, or paying any taxes on your behalf unless required by applicable law.

5. Data and Privacy

5.1 Data Collection

We collect and process data from your energy asset(s), including power consumption, production, battery state of charge and operational status. This data is necessary to provide the Service and optimize market participation.

5.2 Data Usage

We use data relating to you and your energy asset(s) to operate and provide the Service, facilitate participation in electricity markets, calculate and administer compensation, comply with applicable regulatory requirements and to improve the Service.

We share necessary data with the applicable third party (such as your electricity retailer, OEM or HEMS provider). We may also share aggregated and/or de-identified data with market operators and research partners.

5.3 Data Security

We implement industry-standard security measures to protect your data, including encryption in transit and at rest and access controls.

5.4 Privacy Policy

For detailed information about how we collect, use and protect your personal data, please review our Privacy Policy, which is incorporated into these Terms by reference.

6. Asset Maintenance and Performance

6.1 Maintenance

You are responsible for maintaining your energy asset(s) in good working condition and ensuring it remains connected to a stable internet connection. Scheduled maintenance should be communicated to your OEM in advance when possible.

6.2 Battery Health

For battery assets, we implement algorithms designed to preserve battery health and longevity. However, participation in electricity market services may affect battery usage patterns and may contribute to battery wear or degradation, and we make no warranties or assume any liability regarding battery lifespan or any other impact on your asset(s) due to or as a result of the Service other than as follows from these Terms.

7. Liability and Warranties

7.1 Service Availability

We strive to provide reliable Service, however we do not guarantee uninterrupted access. We are not liable for service interruptions due to maintenance, technical issues or any third-party failures.

7.2 Asset Damage

We are not responsible for any damage to your energy asset(s) resulting from the use of the Service, as specified in Section 6.2.

7.3 Market Risk

We are not liable for market price fluctuations, regulatory changes or other factors that may affect revenue from participation in electricity markets.

7.4 Disclaimer

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. Nothing in these Terms limits Flower’s liability for direct damage caused by Flower’s material breach of these Terms, gross negligence, wilful misconduct or failure to comply with mandatory law.

8. Term and Termination

8.1 Term

These Terms become effective when you accept them and continue until terminated by either party.

8.1.1

You have a right of withdrawal in accordance with the Swedish Distance Contracts Act (2005:59). You may withdraw from the Service within fourteen (14) days from the date you accepted these Terms, without giving any reason. To exercise this right, you must notify us before the withdrawal period has expired. If you request that the Service be activated during the withdrawal period, you expressly request that Flower begin performance before the withdrawal period has expired.

8.2 Termination by You

You may terminate your participation in the Service at any time through the applicable third party app in which you activated the Service, or by terminating your electricity retailer agreement with the electricity retailer that partners with Flower. Termination will be effective within 2 business days.

8.3 Termination by Us

We may terminate your access to the Service if you materially breach these Terms and do not remedy the breach within a reasonable period after notice or if your asset(s) does not fulfill the requirements in Section 3. If Flower suspends or terminates the Service for reasons other than your material breach of these Terms, Flower will give you reasonable prior notice unless immediate suspension or termination is necessary for legal, regulatory, technical or security reasons.

8.4 Effects of Termination

Upon termination, we will cease sending control signals to your asset(s), and you will receive any outstanding revenue payments according to the normal payment schedule, specified in Section 4. Sections that by their nature are intended to survive termination, including provisions relating to liability, privacy, dispute resolution and governing law will continue to apply.

9. Changes to Terms

We may update these Terms from time to time for valid reasons to reflect changes in our Service, legal requirements or business practices. We will notify you of material changes via email or through your OEM’s interface at least 30 days before they take effect. If a material change is to your detriment, you have the right to terminate our agreement before the change takes effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

10. Governing Law and Disputes

10.1 Governing Law

These Terms are governed by the laws of Sweden, without regard to its conflict of law provisions.

10.2 Dispute Resolution

If you are dissatisfied with the Service, please contact us first so that we may try to resolve the matter. If a dispute cannot be resolved directly, you may submit the dispute to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN), Box 174, 101 23 Stockholm, Sweden, which is a public authority that examines disputes between consumers and businesses. Further information is available at www.arn.se. You may also bring a claim before the competent Swedish court in accordance with applicable law.

11. Force Majeure

Flower shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond Flower’s reasonable control, such as (i) natural disasters, pandemics, war, terrorism or civil unrest (ii) decisions, restrictions or system limitations imposed by governmental authorities, regulatory bodies, Svenska Kraftnät, electricity retailers, grid operators or other market operators, (iii) changes in applicable laws, regulations, or market rules, (iv) electricity market disruptions or grid disturbances, (v) cyberattacks or other IT system, internet or data infrastructure disruptions, and/or (vi) labor disputes, strikes or lockouts.

During the existence of such circumstances, Flower’s obligations shall be suspended to the extent affected.

12. Contact Information

Flower Infrastructure Technologies AB
Katarinavägen 15
116 45 Stockholm