Legal

Terms of Service

Last updated: 8 September 2026

    When these Terms apply: If you create a new Ember account on or after 8 September 2026, these Terms apply immediately. If you already had an Ember account before that date, these updated Terms take effect on 22 September 2026 (14 days' notice). Until then, your existing account continues under the previous Terms, except where you agree to these Terms sooner (for example by accepting them in the app).
  

    The short version: Ember helps you charge your EV at the cheapest Octopus Agile rates. We do our best to find the optimal window, but electricity prices, vehicle behaviour, and third-party systems (including Tesla, Enode, and energy providers) are outside our control. Savings shown in the app are estimates, not guarantees. By using Ember, you accept that charging decisions — and checking that your car is actually charging — are ultimately your responsibility.
  

1. Agreement

By creating an account or using Ember ("the Service"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you and Myles Carey ("we", "us", "Ember").

For this update published on 8 September 2026: new users are bound by these Terms from account creation. Existing users are bound from 22 September 2026, unless they accept these Terms earlier.

2. Description of Service

Ember is an iOS application and supporting backend service that:

Fetches half-hourly electricity prices from the Octopus Agile tariff
Analyses prices to identify the cheapest contiguous charging window
Connects to your vehicle via the Tesla Fleet API and/or Enode (enode.io) to read battery state and set charge schedules, depending on your car brand
Sends push notifications about upcoming charging windows
Tracks your charging history and estimated savings

3. Eligibility

You must be at least 17 years old to use Ember. You must have a valid Octopus Agile electricity tariff and a compatible electric vehicle. You must have legal authority to grant Ember (and, where applicable, Enode) access to your vehicle account.

4. Your account

You are responsible for maintaining the security of your account credentials. You must not share your account with others. You must provide accurate information when creating your account. You agree to notify us immediately if you become aware of any unauthorised use of your account.

5. Vehicle account access

Ember connects to your vehicle through third-party vehicle integrations. Depending on your car brand, that may be Tesla's official Fleet API and/or Enode (enode.io). By connecting your vehicle, you authorise Ember (and, where Enode is used, Enode acting on Ember's behalf) to:

Read your vehicle's battery level, charge state, and location
Set charge schedules and charge limits
Start and stop charging
Wake your vehicle from sleep (where supported by the vehicle or integration)

You can revoke this access at any time from your vehicle manufacturer's account settings (for Tesla, at accounts.tesla.com), via Enode's connection controls where applicable, or by disconnecting the vehicle in Ember's Settings.

Ember does not own or operate Enode's technology, APIs, or infrastructure. Enode is an independent third-party provider. We are not responsible for Enode's availability, accuracy, performance, security, or any failure, delay, or error in Enode's systems or in the vehicle manufacturer systems Enode connects to.

Ember will never control or interfere with charging that occurs away from your home location. Ember only manages charging at your registered home address.

6. Octopus Agile pricing

Ember uses publicly available pricing data from the Octopus Energy API. We do not guarantee the accuracy, timeliness, or availability of this data. Prices are set by Octopus Energy and are outside our control. You should verify pricing independently if accuracy is critical to your decision.

7. No guarantee of savings

    Important: Any stated or implied cost savings from Agile tariff optimisation — including figures shown in the app, on our website, or in marketing — are estimates, not guarantees. Actual savings depend on factors outside Ember's control, including tariff changes, price data accuracy and availability, API outages, vehicle behaviour, charger speed, and how you use your car. We do not guarantee any specific level of savings, lower bills, or that Agile charging will cost less than a flat-rate tariff. Octopus Agile prices can exceed flat-rate prices, particularly during peak demand periods. You should not rely on Ember's estimates as a promise of financial outcome.
  

8. Automated charging disclaimer

When automation is enabled, Ember sets charge schedules on your vehicle via the Tesla Fleet API and/or Enode. While we take every care to ensure schedules are set correctly:

We cannot guarantee your vehicle will charge as scheduled — factors like being unplugged, vehicle software updates, network outages, Tesla API changes, Enode outages or errors, or manufacturer API changes may prevent charging
We do not warrant that charging schedules, notifications, or price optimisation will be error-free, complete, or uninterrupted
We are not responsible for any damage, costs, inconvenience, or financial loss resulting from a missed, delayed, or incorrect charge
You should always verify your vehicle has sufficient charge for essential journeys
Ember is not a substitute for manual charging management in safety-critical situations

9. Your responsibilities

You remain responsible for your vehicle, your charging setup, and your electricity costs. In particular:

Verify charging yourself. Do not rely solely on Ember to confirm that your vehicle is charging. Check your manufacturer's app (for example the Tesla app), the vehicle itself, or another reliable source (for example plug status, charge rate, and battery level) before relying on a scheduled charge, especially ahead of an important journey.
Charger hardware is yours. You are responsible for your own charger / EVSE hardware, its installation, configuration, and maintenance. Ember does not supply, control, or service wallboxes, cables, or home electrical equipment, and we are not responsible if hardware faults, trips, or misconfiguration prevent charging.
Keep essentials covered. Always ensure you have enough charge for journeys that matter to you. Ember is a convenience and optimisation tool, not a guarantee that your car will be ready when you need it.

10. Service availability and third-party systems

Ember is provided "as is" and "as available". We do not warrant that the Service — including charging schedules, notifications, or price optimisation — will be error-free, accurate, complete, or uninterrupted.

Ember depends on third-party systems that we do not control and for which we are not responsible, including:

the Tesla Fleet API and Tesla vehicle software
Enode (enode.io), including its APIs, connectors, and infrastructure used to link Ember to non-Tesla (and, where applicable, other) vehicle brands
vehicle manufacturer accounts, apps, and APIs that Enode or Ember connect to
Octopus Agile tariff and pricing data (and related energy-provider APIs)
your own charger / EVSE hardware and home electrical setup
other supporting services such as Supabase and Apple Push Notifications

Outages, changes, incorrect data, or failures in those systems — including Enode's technology — may cause missed charges, wrong schedules, delayed notifications, or inaccurate price or savings information. We may modify, suspend, or discontinue the Service at any time with reasonable notice.

11. Beta programme

If you are participating in Ember's closed beta programme, the Beta Participation Agreement applies alongside these Terms and governs your beta access, confidentiality obligations, and the free Premium reward for accepted testers. In the event of a conflict, the Beta Participation Agreement takes precedence for beta-specific matters.

12. Acceptable use

You agree not to:

Use the Service for any unlawful purpose
Attempt to reverse engineer, decompile, or extract source code from the app
Interfere with the Service's infrastructure or other users' access
Use automated tools to access the Service beyond normal app usage
Share your account credentials or allow others to use your account
Use the Service to create a competing product

13. Intellectual property

All content, design, code, and branding in Ember are owned by us. You may not copy, modify, distribute, or create derivative works from any part of the Service without our written permission. "Ember" and the Ember logo are our trademarks.

14. Limitation of liability

To the maximum extent permitted by UK law, including UK consumer law:

Ember is provided "as is" and "as available". We give no warranty that charging schedules, notifications, or price optimisation will be error-free or uninterrupted.
We are not liable for vehicle charging failures; charger or EVSE hardware malfunctions; missed, delayed, or incorrect charges; incorrect, incomplete, or unavailable price data; or any financial loss (including higher electricity costs) arising from your reliance on the Service.
We do not control and are not responsible for third-party systems Ember depends on, including the Tesla Fleet API, Enode (enode.io) and its technology, vehicle manufacturer systems reached via Enode or otherwise, Octopus Agile tariff data, and your own charger / EVSE hardware. We accept no liability for Enode's availability, accuracy, performance, security, or any act, omission, failure, or error by Enode or by systems Enode relies on.
We are not liable for any indirect, consequential, incidental, or special damages arising from your use of the Service. That includes, for example, the cost of alternative charging, missed travel plans, loss of use of your vehicle, and any other knock-on costs or inconvenience.
Where liability cannot be fully excluded under UK consumer law, our total liability for any claim related to the Service is capped at the amount you have paid for Ember Premium in the 12 months preceding the claim — or £0 if you are on the free tier (including free/beta access with no Premium payment).

Nothing in these Terms 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 UK law (including your statutory rights as a consumer).

15. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your data. By using the Service, you agree to our Privacy Policy.

16. Termination

You may delete your account at any time by contacting us at hello@ember-ev.co.uk. We may terminate or suspend your account if you breach these Terms. Upon termination, your vehicle connections (including Tesla and/or Enode access) will be revoked and your data will be deleted in accordance with our Privacy Policy.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via the app or email at least 14 days before they take effect for existing users. New users who create an account after a material update is published agree to the then-current Terms from the moment they sign up. Continued use of the Service after changes take effect for your account constitutes acceptance of the updated Terms.

This September 2026 update is an example of that approach: it applies immediately to new accounts, and on 22 September 2026 for accounts that already existed on 8 September 2026.

18. Governing law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Contact

For any questions about these Terms:

Email: hello@ember-ev.co.uk