Beta Participation Agreement

Last updated: May 2026

Who this applies to: This agreement governs participation in the Ember EV closed beta programme. It applies to users who received a TestFlight invitation prior to public launch. New users joining after public launch are covered by the standard Terms of Service.

1. About This Agreement

This Beta Participation Agreement ("Agreement") sets out the terms between you ("Participant", "you") and Ember EV ("we", "us", "our") governing your participation in the Ember EV beta programme ("Beta"). By signing up at ember-ev.co.uk and using the Ember EV app ("the App"), you agree to be bound by this Agreement.

This is a consumer beta (B2C). The Beta is provided free of charge and is intended for testing, feedback, and product improvement purposes.

Application-based access: Signing up at ember-ev.co.uk constitutes an application to join the Beta. We reserve the right to accept or decline any application at our sole discretion, without providing a reason. You will be notified if your application is accepted. This Agreement becomes binding upon your acceptance into the Beta and your first use of the App.

2. Scope of the Beta & Access

What the Beta includes: Access to the Ember EV iOS app, which connects to your Tesla account (via the Tesla Fleet API) and your energy tariff data (e.g. Octopus Agile) to schedule electric vehicle charging during the cheapest electricity price windows. The App may also send you push notifications related to charging status, pricing, and scheduling.

What may change: Features available during the Beta may be added, modified, or removed at any time without notice. The Beta is not a finished product — it is an evolving test environment.

Access rules: You may not:

3. Your Tesla Account & Energy Data

To use Ember EV, you grant the App limited access to your Tesla account through Tesla's official Fleet API. This includes reading your vehicle's charge state, plug status, battery level, and location (home geofence only), and sending start/stop charging commands. You can revoke this access at any time through your Tesla account settings.

We do not store your Tesla password. Authentication is handled entirely through Tesla's own OAuth flow.

If you connect an energy tariff (e.g. Octopus Agile), the App accesses publicly available pricing data to optimise your charging schedule. We may also access your smart meter data via your energy provider's API, subject to your explicit consent during setup.

4. Confidentiality

During the Beta, you may have access to non-public information about the App, including unreleased features, user interface designs, roadmap details, pricing plans, and technical documentation ("Confidential Information").

You agree to:

These confidentiality obligations survive the end of your participation in the Beta.

What you can share: You are welcome to publicly state that you are a beta tester of Ember EV and to share your general impressions or opinions about the App. You may also discuss publicly available features once they have been officially announced by us.

5. Intellectual Property

Our IP: The App, its code, design, branding, documentation, and all related intellectual property belong to us and remain our property at all times, including during and after the Beta.

Your data: You retain ownership of any personal data or content you provide to us (such as your Tesla account data, energy usage data, and account information). We do not claim ownership of your data.

Improvements: Any improvements, modifications, or new features we develop, whether or not informed by your use of the Beta, are and remain our sole property.

6. Feedback

We welcome and encourage your feedback, bug reports, feature suggestions, and ideas ("Feedback").

By providing Feedback, you agree that:

This clause exists to let us iterate on the product confidently based on tester input, without creating disputes down the line.

7. Beta Disclaimer & Limitation of Liability

The App is provided "as is" during the Beta period. You acknowledge and agree that:

You remain responsible for your vehicle. Always verify your vehicle's charge level before relying on it, particularly before time-sensitive journeys.

Limitation of liability: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, profits, or savings, arising from or related to your participation in the Beta or your use of the App. Our total aggregate liability to you for any claims arising under or in connection with this Agreement shall not exceed £0 (the price paid for the Beta).

Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

8. Data Protection & Privacy

We take your privacy seriously. We collect and process the minimum data needed to operate the App, in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

What we collect:

How we use it: Solely to provide and improve the charging scheduling service, deliver notifications, fix bugs, and analyse how the App is used during the Beta.

What we don't do:

Data retention: If you leave the Beta or the Beta ends, we will retain your data only for as long as necessary to fulfil the purposes described above, after which it will be securely deleted. You can request deletion of your data at any time by contacting us.

Security: We implement appropriate technical and organisational measures to protect your data, including encryption in transit and at rest, and access controls.

For full details, see our Privacy Policy.

9. Prohibited Data

You agree not to upload, input, or otherwise provide any sensitive personal data to the App beyond what is required for its normal operation. If you become aware that sensitive or inappropriate data has been inadvertently submitted, please notify us promptly at hello@ember-ev.co.uk.

10. Termination & What Happens When the Beta Ends

Our right to terminate: We may suspend or terminate your access to the Beta at any time, for any reason, including (but not limited to) breach of this Agreement, security concerns, or simply because we are ending the Beta programme.

Your right to leave: You can stop participating in the Beta and delete your account at any time.

What happens to your data: Upon termination of your access or the end of the Beta, we will delete your personal data within a reasonable period unless we have a lawful basis to retain it. We will notify you before the Beta ends and provide reasonable notice where possible.

Transition to paid service & Beta reward: As a token of appreciation for participating in the Beta, accepted beta testers will receive a free Premium subscription to the App for as long as the App remains active and available. This reward is personal to you, non-transferable, and applies only to the account used during the Beta. It does not entitle you to any future product, service, or successor app we may develop.

For clarity: we are under no obligation to continue operating the App indefinitely. We may discontinue, suspend, or shut down the App (in whole or in part) at any time, for any reason, at our sole discretion. If we do so, your free Premium subscription will end at that point, and you will have no claim against us for compensation, damages, or continued access. We will provide reasonable notice where possible.

Surviving clauses: Sections 4 (Confidentiality), 5 (Intellectual Property), 6 (Feedback), 7 (Limitation of Liability), and 8 (Data Protection) survive the termination of this Agreement.

11. No Warranty & No Support Guarantee

We do not warrant that the App will meet your expectations, be error-free, or operate without interruption. Support during the Beta is provided on a best-efforts basis and is not guaranteed. We may offer support channels (e.g. email, community forums) but are under no obligation to respond within any specific timeframe.

12. Changes to This Agreement

We may update this Agreement from time to time. If we make significant changes, we will notify you via email or in-app notification. Continued use of the App after changes constitutes acceptance of the updated terms. If you do not agree to the changes, you should stop using the App and delete your account.

13. Governing Law

This Agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact

If you have questions about this Agreement or the Beta programme, contact us at hello@ember-ev.co.uk.