Terms of Use

Last updated: 29 September 2026

These Terms of Use govern access to and use of the Services provided by Singer Automation Limited (NZBN 9429033182155, company number 1977114) ("SAL", "we", "us"), registered office 16 Edinburgh Street, Auckland Central, Auckland 1010, New Zealand. SAL owns and operates the Apollo EMS platform and is part of the Singer Group.

By creating an account, logging in, or using any of the Services, you agree to these terms. If you are using the Services on behalf of an organisation, you confirm you are authorised to accept these terms on its behalf.

How these terms are organised. The Core Terms apply to everyone. Part A also applies to business customers using the Apollo EMS platform and portal. Part B also applies to people using our apps, charging portals, charging cards or chargers we manage. If you are both, each Part applies to the relevant use.

Core Terms

1. The Services

"Services" means the Apollo EMS platform and its associated portals and apps, charging services, and Demand Response and Flexibility programmes, together with any site views, dashboards, interfaces or APIs we make available.

2. Relationship to Our Other Terms

Where there is any inconsistency, the following order of precedence applies:

1. a signed services agreement, subscription agreement, programme agreement or contract between SAL and your organisation;
2. the Singer Automation Limited Terms and Conditions of Supply, which set the commercial terms on which the Apollo EMS service is supplied;
3. these Terms of Use;
4. the Singer Group website Terms of Use, which govern the singergroup.co.nz marketing website.

For clarity, the General Terms and Conditions of Trade of Singer Group Limited, which govern electrical design, construction and maintenance Works supplied by Singer Electric, do not apply to the Services. Those terms are supplied by a different company and cover a different kind of work.

Nothing in these terms varies, limits or adds to a signed agreement.

3. Accounts and Access

• You must give accurate information when you create an account and keep it up to date.
• Accounts are personal and must not be shared.
• You must keep your credentials secure and tell us promptly at security@singergroup.co.nz if you believe your account has been compromised.
• We may require multi-factor authentication or other verification.

4. Restrictions

You must not:

• access the Services other than through the interfaces we provide, or use automated scraping, crawling or bulk extraction tools without our written consent;
• impersonate another person, or misrepresent your authority to act on behalf of another organisation or on behalf of SAL;
• attempt to view, access or copy any data other than data you are authorised to access, or relating to any site or asset you are not authorised to use or manage;
• reverse engineer, decompile or attempt to derive source code from the Services, except to the extent this cannot lawfully be restricted;
• probe, scan or test the security of the Services or connected infrastructure, or attempt to undermine the security or integrity of the systems underlying them;
• introduce malicious code, or use the Services in a way that materially reduces their performance or impairs anyone else's use of them;
• issue control commands to equipment you are not authorised to operate, or use the Services in a way that breaches a site's electrical safety requirements, network connection agreement or any applicable code or standard;
• input or store data that is unlawful, infringing, objectionable, incorrect or misleading, or that breaches anyone's intellectual property or privacy rights.

Without limiting any other remedy, we may restrict or suspend access, or remove data, where we reasonably believe this clause has been breached or where continued access presents a security or safety risk. We will use reasonable endeavours to tell you when we do.

5. Safety

The Services are monitoring, management and payment tools. They are not a safety system, a protection system or an emergency isolation device.

You must not rely on the Services, or on any control, alarm, status or notification function within them, as the sole means of isolating or de-energising equipment, protecting people or property, or meeting any electrical safety, maintenance or compliance obligation. Site isolation must be performed at the switchboard or equipment in accordance with normal safe working practice.

Control actions issued through the Services may be delayed, rejected or overridden by site equipment, protection settings, network conditions, third-party platforms or communications outages.

When using a charger, follow the instructions on the charger and at the site. Do not use equipment that looks damaged, and report any fault or damage to us or the site operator.

6. Data Shown in the Services

• Energy, session, generation, storage, availability and telemetry data is provided for operational information. It is derived from chargers, inverters, batteries, meters, gateways and third-party platforms, and may be delayed, incomplete or subject to later correction.
• Unless a data stream is expressly identified as settlement-grade metering, or is a receipt, invoice or statement we issue, data shown in the Services must not be relied on for billing, settlement, regulatory reporting or contractual measurement.
• Where other data differs from a receipt, invoice or statement we issue, the receipt, invoice or statement prevails.
• Reports, exports, savings estimates and forecasts are indicative only.

7. Privacy

Personal information is handled in accordance with the Singer Automation Privacy Policy, which forms part of these terms.

8. Intellectual Property

The Services, their software, design, documentation and knowledge base content are owned by SAL or its licensors. These terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your own purposes, or your organisation's internal business purposes, for as long as your access continues. No other rights are granted.

You must not remove or obscure any proprietary notice, or use SAL's or Singer Group's name, logos or marks without written consent.

9. Third-Party Platforms, Networks and Equipment

The Services integrate with third-party systems, software services and equipment, including charger, inverter and battery manufacturers, metering hardware, charging network roaming partners, payment processors, distributors, retailers, market systems and telecommunications carriers. We are not responsible for the availability, performance or accuracy of those third-party systems, or for changes they make to them.

10. Availability, Maintenance and Changes

We aim to keep the Services available but do not warrant uninterrupted or error-free access under these terms. Where your organisation has a signed services agreement containing service levels, those service levels apply instead.

We may perform scheduled and emergency maintenance, and may add, change, suspend or withdraw features. We will give reasonable notice of material changes where practicable.

11. Suspension and Termination of Access

We may suspend or end your access to the Services, in whole or in part, where:

• your organisation's services agreement ends or is suspended;
• you breach these terms;
• suspension is necessary to protect the security, safety or integrity of the Services or connected equipment;
• suspension is necessary to comply with a direction from the Electricity Authority, the system operator or a distributor; or
• we are required to do so by law.

When your access ends, your right to use the Services ends. Data retention and return is governed by any services agreement and our Privacy Policy.

12. Consumer Law

Nothing in these terms limits any right you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded, or our liability for death or personal injury caused by our negligence, or for fraud.

The exclusions in clause A8 apply only where the Services are acquired or used for the purposes of a business.

13. Changes to These Terms

We may update these terms from time to time. The current version will be published with its effective date. We will give account holders reasonable notice of material changes before they take effect. Continued use after the effective date means you accept the updated terms. If you do not agree, you can stop using the Services and, for app and charging users, close your account without charge.

14. General

• Governing law: these terms are governed by New Zealand law and the parties submit to the exclusive jurisdiction of the New Zealand courts and tribunals, including the Disputes Tribunal.
• Severability: if any provision is held unenforceable, the remainder continues in force.
• No waiver: failure to enforce a provision is not a waiver of it.

Part A — Business Customers

This Part applies to organisations, and their nominated users, using the Apollo EMS platform, its customer portal at portal.apolloems.io, and our Demand Response and Flexibility programmes.

A1. What the Platform Covers

Apollo EMS is an energy management platform. Depending on what your organisation has subscribed to, it may be used to monitor, manage, control, report on and bill for:

• EV charging infrastructure, including charge points, sessions, access control and tokens;
• distributed energy resources (DER), including solar PV, inverters and battery energy storage systems;
• metering, site electrical measurement and load data;
• demand flexibility, demand response and load management across any of the above.

References to "assets" or "equipment" mean all of these, not only EV charging equipment. Part A covers use of the platform and portal. It does not set the commercial terms on which SAL supplies the Apollo EMS service.

A2. Customer Administrators

Access is granted to named users nominated by your organisation. Where your organisation holds a customer administrator role, it is responsible for the users it creates, the permissions it grants, and for removing access when a user leaves.

A3. Permitted Use

You may use the platform and portal solely for your organisation's own lawful business purposes, being to monitor and manage connected assets, control charging and DER operation within agreed parameters, manage site access and authorisation tokens, view metering and energy data, produce reports, raise and track support tickets, integrate with your own systems through any API we make available, and participate in flexibility programmes under clause A4, together with anything else set out in your services agreement or agreed with us in writing.

No resale of the platform. You must not resell, sublicense, white-label or otherwise make the portal or the Apollo EMS software available to any third party, or commercially exploit it, unless your services agreement expressly permits it. This does not prevent you using the platform to operate your own assets, including recovering or charging for energy supplied at your own sites where your agreement allows.

A4. Flexibility, Demand Response and Aggregation

SAL is registered with the Electricity Authority as a Load Aggregator and as an Ancillary Service Agent.

Where your organisation enrols assets into a Demand Response, Demand Flexibility or Ancillary Services programme operated or facilitated by SAL:

• the commercial terms of that programme, including any payments, availability obligations, opt-out and exit rights, are set out in your programme or services agreement, not in these terms;
• enrolment authorises us to issue control instructions to the enrolled assets within the parameters agreed with you, including charge rate limits, curtailment, load shifting, export limits and battery dispatch;
• enrolment authorises us to submit registration, availability, metering and dispatch information relating to the enrolled assets to the Electricity Authority, the system operator, distributors, retailers, metering equipment providers, flexibility buyers and market counterparties, to the extent required to operate the programme or to comply with the Electricity Industry Participation Code;
• enrolment authorises us to give the relevant distributor a register of the enrolled assets for network planning and network support;
• dispatch is not guaranteed. Instructions depend on market, network and system conditions, and we make no representation that any particular volume of dispatch, availability or revenue will result;
• you must tell us before enrolling any asset that is already enrolled in a Flexibility, Demand Response or Ancillary Services programme operated by another party, so that the same capacity is not offered twice;
• you must hold the authority necessary to enrol each asset, including any consent required from a site owner, landlord, tenant or occupier;
• where charging is authorised by an identifier linked to a named individual, you must tell that individual that their charging history is recorded, is visible to your administrators, and is retained as set out in the Singer Automation Privacy Policy;
• where an asset is at an individual's home, for example an employee's home charger or home battery, you must tell that individual, at the time of enrolment, that the asset is being enrolled, what data is collected from it, and that it may be dispatched under the programme. Responsibility for personal information relating to home assets is split by purpose, as set out in section 6 of the Singer Automation Privacy Policy;
• participation does not change who supplies electricity to the site. You remain responsible for your retail electricity contract, your network connection agreement and any obligations under them.

You may set operational limits and opt assets out through the portal or site HMI, as set out in your programme agreement.

A5. Your Data

Your organisation retains ownership of the operational data relating to its sites and assets. You grant SAL a licence to host, process, transmit and analyse that data to deliver and support the Services, operate any flexibility programme you are enrolled in, maintain and improve the platform, and meet legal or regulatory obligations. SAL owns all aggregated, de-identified and derived data, and all data models and analytics, created from it.

We may use aggregated and de-identified data, meaning data that does not identify your organisation, your sites or any individual, for benchmarking, network and market analysis, product development and reporting.

A6. Connectivity and Your Network

You are responsible for the connectivity that allows your people and your sites to reach the Services, including site internet services, local networks, firewalls and any customer-managed communications equipment. We are not responsible for performance or access problems on networks within your control, and those problems do not count as unavailability of the Services.

Where SAL or another Singer Group company supplies or manages site communications equipment as part of the services, your services agreement governs that equipment.

A7. Roadmap and Future Functionality

We maintain a development roadmap that reflects our current intentions for future Apollo EMS functionality. Roadmap items, and any statement of intent to develop a feature, are an indication of planning only. They are not commitments, and are not binding on us to deliver any feature at all or within any stated timeframe. Only functionality expressly committed to in a signed agreement is binding on us.

A8. Liability for Business Customers

Where the Services are acquired or used for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply (s 43(2)), and that it is fair and reasonable to contract out of ss 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (s 5D).

To the extent permitted by law, and subject to any liability provisions in your signed services agreement (which prevail):

• we exclude all implied warranties in relation to the Services;
• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, lost flexibility or market revenue, business interruption, or loss or corruption of data arising from use of, or inability to use, the Services;
• for loss or corruption of data, our liability is limited to taking reasonable steps to restore that data from our available backups;
• our total aggregate liability arising out of these terms is limited to the total fees paid by your organisation for the Apollo EMS service in the twelve months before the event giving rise to the liability.

A9. Changes That Disadvantage Your Organisation

If a change to these terms materially disadvantages your organisation, it may end its Apollo EMS subscription by written notice within 30 days of our notice, without any early termination charge.

Part B — App and Charging Users

This Part applies to anyone who uses our apps or charging portals, uses a charging card we or their organisation issue, or charges at a charger we manage, whether public or private.

Who you are buying from. Charging sessions, subscriptions and top-ups may be sold and invoiced by SAL or by another Singer Group company, such as Singer Group Limited. The company named on your receipt or invoice is the seller for that purchase, and Part B applies to it as if it were SAL.

B1. Your Account

You must be 18 or older to create an account or pay for charging, or have the permission of a parent or guardian.

B2. Prices

• The price for a charging session is shown in our apps, charging portals or at the charger before you start. By starting a session you agree to that price.
• Prices can include charges for energy, time connected, a connection fee and an idle fee for staying plugged in after charging finishes, and can vary by location, time of day and any group or membership you belong to.
• Prices are shown in New Zealand dollars and include GST.
• Prices at chargers operated by other networks are set by those operators.

B3. Payment

• You pay using a payment method saved in your account, a charging card linked to your account, or the payment options in our charging portals.
• We may place a temporary pre-authorisation hold on your card before a session starts. The hold is released or adjusted to the final amount when the session ends, although your bank decides how quickly released funds show in your account.
• We issue a receipt for each paid session.
• If a payment fails, the unpaid balance must be paid before you can start another session.
• Subscriptions, memberships and top-ups are provided on the terms shown when you buy them, including how they renew and how to cancel.

B4. Charging Paid for by Your Organisation

If your employer, fleet operator or another organisation pays for some or all of your charging, its rules decide what it covers. Where a session is not covered, or only partly covered, for example because a spending limit has been reached or the charger is outside what your organisation covers, the uncovered amount is charged to your own payment method. If you have no valid payment method, the session may not start.

B5. Charging Cards

• A charging card is for use by the person or vehicle it is issued to.
• Tell us or the issuing organisation promptly if a card is lost or stolen. You are responsible for sessions started with the card until you tell us, unless the loss was caused by us.
• Some cards can only be added, removed or replaced by the organisation that issued them.

B6. Using Chargers

• We do not guarantee that any charger will be available, working or free when you arrive.
• You can have one active charging session on your account at a time.
• Some sites have opening hours or access rules, and a charger may not start outside them.
• Follow site rules, including parking and time limits, and move your vehicle when charging is finished.

B7. Home Chargers and Sharing

• If you own a home charger connected to the Services, you decide who you share it with, within the options we or your organisation make available.
• The billing rule for a shared charger decides whether you or the person you share with pays for their sessions.
• People you share with see only your display name and their own sessions.
• Where you make a home charger available to the public, the requirements and prices shown when you enable public access apply.

B8. Charging on Other Networks

When you use our apps or charging cards at a charger operated by another network, that operator's prices, rules and availability apply. When customers of other networks charge at chargers we manage, they do so under their own provider's terms.

B9. Problems and Refunds

If a session is charged incorrectly, or you have a problem with a charger or payment, contact us. Where we agree a charge was wrong, we will refund it within a reasonable time to the payment method or account balance it was taken from. This does not limit your rights under the Consumer Guarantees Act 1993.

B10. Our Liability to You

To the extent permitted by law, we are not liable for loss caused by events outside our reasonable control, including faults in your vehicle, a third party's network or equipment, power outages or communications failures. Nothing in this clause limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where you are a consumer.

B11. Closing Your Account

You can close your account at any time by contacting us. Any amount you owe must be paid. If you close your account, or we end it other than because you breached these terms, we will refund any unused prepaid balance, less any amount you owe. We keep and delete your information as set out in our Privacy Policy.

Contact

Singer Automation Limited
16 Edinburgh Street, Auckland Central, Auckland 1010, New Zealand
legal@singergroup.co.nz