1. Agreement to these Terms
These Terms of Service (“Terms”) form a binding agreement between you and OverflowEV (“OverflowEV”, “we”, “us”, or “our”) regarding your access to and use of the OverflowEV website, web application, mobile applications (if any), APIs, and related services (together, the “Service”).
If you do not agree to these Terms, you must not create an account or use the Service. If you use the Service on behalf of a household, business, or other entity, you represent that you have authority to bind that entity to these Terms.
2. The Service
OverflowEV provides cloud software that helps automate electric vehicle (“EV”) charging based on available excess solar generation and related home energy signals. Depending on your configuration, the Service may:
- connect to supported vehicle, inverter, battery, energy monitor, and retailer platforms via their cloud APIs;
- read energy and vehicle status information you authorise;
- start, stop, or adjust charging commands according to your selected modes and settings;
- display dashboards, history, alerts, and support tools.
The Service is a software control and monitoring layer. We are not an electricity retailer, solar installer, vehicle manufacturer, or insurer. We do not supply electricity, and we do not guarantee particular bill outcomes.
3. Eligibility
You may use the Service only if you:
- are at least 18 years old (or the age of majority in your place of residence);
- can form a legally binding contract;
- will use the Service primarily for lawful residential or light commercial purposes; and
- have lawful authority to connect and control the vehicles, inverters, monitors, and accounts you link.
The Service is designed primarily for users in Australia. Features, integrations, and support may be limited or unavailable outside Australia.
4. Accounts and security
You must provide accurate registration information and keep it up to date. You are responsible for:
- maintaining the confidentiality of your login credentials and any multi-factor authentication methods;
- all activity that occurs under your account;
- promptly notifying us if you suspect unauthorised access; and
- using a strong, unique password.
We may require identity or setup verification before activating an account. We may suspend or refuse accounts that appear fraudulent, abusive, insecure, or incomplete.
You must not share account access in a way that compromises security, and you must not attempt to bypass authentication, rate limits, or administrative controls.
5. Third-party integrations and authorisations
To operate, OverflowEV relies on third-party platforms you choose to connect (for example Tesla, solar inverter clouds, energy monitors, or retailers). By connecting an integration, you:
- authorise OverflowEV to access and use the credentials, tokens, and data necessary to provide the Service;
- confirm you have the right to grant that access;
- acknowledge that third-party platforms have their own terms, privacy policies, availability, and API limits; and
- understand that changes by those third parties may affect OverflowEV features without notice.
We are not responsible for outages, API changes, incorrect data, revoked tokens, vehicle sleep behaviour, inverter reporting delays, or other third-party limitations. You can disconnect integrations and revoke access according to each provider’s process and within OverflowEV settings where available.
You must not provide credentials you are not authorised to use. Storing or submitting another person’s private access credentials without permission is prohibited.
6. Acceptable use
You agree not to:
- use the Service for unlawful, harmful, or deceptive purposes;
- interfere with, disrupt, probe, or overload the Service or related systems;
- attempt to reverse engineer, scrape, or extract source code, models, or non-public APIs except to the extent permitted by law;
- bypass security, access controls, or usage limits;
- upload malware or harmful code;
- misrepresent your identity or affiliation;
- use the Service in a way that risks damage to people, property, vehicles, electrical systems, or the grid beyond ordinary residential use; or
- resell, sublicense, or provide the Service to third parties as a managed product without our written consent.
You remain responsible for complying with all applicable laws, electrical safety requirements, vehicle manufacturer guidance, installer instructions, and site rules at your premises.
7. Your data and privacy commitments
Your privacy matters. Our collection and handling of personal information is described in the Privacy Policy, which forms part of these Terms.
We will not sell your personal information. We will not rent, trade, or otherwise commercialise your personal data to data brokers, advertisers, or unrelated third parties.
We use your account, energy, vehicle, and integration data only to operate, secure, support, and improve the Service for you — not to build advertising profiles or sell insights derived from your household to others.
You retain ownership of your content and configuration data. You grant us a limited licence to host, process, transmit, and display that data solely as needed to provide the Service and meet legal obligations.
8. Fees, plans, and changes to pricing
Access may be offered on a free, trial, invite-only, or paid basis. If paid plans apply, we will disclose pricing, billing intervals, and material terms before you purchase. Unless stated otherwise:
- fees are in Australian dollars and may include GST where applicable;
- subscriptions renew until cancelled according to the plan terms; and
- we may change pricing for future periods with reasonable notice.
Failure to pay applicable fees may result in suspension or termination of paid features.
9. Service availability and changes
We aim to keep the Service reliable, but we do not guarantee uninterrupted, error-free, or real-time operation. The Service may be affected by maintenance, outages, internet connectivity, third-party APIs, force majeure events, or security incidents.
We may modify, suspend, or discontinue features at any time. Where a change materially reduces core functionality for paying customers, we will take reasonable steps to provide notice where practicable.
You should maintain independent means of charging your vehicle and should not rely on OverflowEV as a sole safety-critical or time-critical charging system.
10. Important disclaimers
To the maximum extent permitted by law:
- the Service is provided on an “as is” and “as available” basis;
- we do not warrant that surplus solar detection, charging commands, schedules, or savings estimates will be accurate, continuous, or suitable for your particular goals;
- actual savings depend on tariffs, solar production, household load, vehicle availability, weather, hardware limits, and your settings;
- we do not warrant that using the Service will avoid grid imports, battery cycling consequences, vehicle warranty impacts, or utility charges; and
- we are not responsible for decisions you make based on dashboards, estimates, or recommendations in the Service.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot be excluded.
11. Limitation of liability
To the maximum extent permitted by law, OverflowEV and its officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive loss; loss of profits, revenue, data, goodwill, or anticipated savings; or business interruption, arising out of or related to the Service or these Terms, whether in contract, tort (including negligence), statute, or otherwise.
To the maximum extent permitted by law, our aggregate liability for all claims relating to the Service or these Terms is limited to the greater of: (a) the fees you paid us for the Service in the 12 months before the claim; or (b) AUD $100.
Where the Australian Consumer Law applies and liability cannot be excluded, our liability is limited, at our option where permitted, to resupplying the services or paying the cost of having the services resupplied.
You acknowledge that EV charging, electrical systems, and third-party hardware involve inherent risks. You are responsible for safe installation, configuration, and supervision of your equipment.
12. Indemnity
You agree to indemnify and hold harmless OverflowEV and its officers, employees, and agents from and against claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- your use of the Service;
- your breach of these Terms;
- your connected vehicles, premises, or electrical systems;
- your violation of any law or third-party rights; or
- credentials or systems you connect without proper authority.
13. Intellectual property
The Service, including software, design, text, logos, trademarks, and documentation, is owned by OverflowEV or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you.
Brand names and logos of third parties (for example Tesla, GoodWe, SolarEdge, and others) are trademarks of their respective owners and are used only to identify compatibility or integration. No affiliation or endorsement is implied unless expressly stated.
If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty-free licence to use that feedback without obligation to you.
14. Suspension and termination
You may stop using the Service and request account closure at any time through the Support channels or account tools we make available.
We may suspend or terminate access immediately if we reasonably believe you have breached these Terms, created a security risk, failed verification, misused integrations, or if required by law. We may also discontinue the Service with reasonable notice where practicable.
On termination, your right to use the Service ends. Provisions that by their nature should survive (including ownership, disclaimers, liability limits, indemnity, and governing law) will survive.
15. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date will change when we do. For material changes, we will take reasonable steps to notify you (for example by email or an in-product notice). Continued use after the effective date constitutes acceptance of the updated Terms, except where applicable law requires a different process.
16. Governing law and disputes
These Terms are governed by the laws of Australia and, where applicable, the State or Territory in which OverflowEV principally operates. Subject to any non-excludable rights, courts in Australia will have jurisdiction over disputes arising under these Terms.
Before commencing formal proceedings, please contact us so we can attempt to resolve the issue in good faith.
17. Contact
For questions about these Terms, contact OverflowEV via the in-app Support page after login, or email support@overflowev.com.
For privacy matters, see the Privacy Policy or email privacy@overflowev.com.