Terms of Contract - Smart Fixed-term Savings Electricity

1. GENERAL

1.1 These service terms describe the terms and practices applicable to the Smart Fixed-Term Savings Electricity electricity sale agreements (hereinafter the "Agreement") entered into between Helen Oy (hereinafter "Helen") and consumer customers (hereinafter the "Customer"). The Agreement consists of the contract confirmation and these service terms.

1.2 Helen provides the smart control service included in the Agreement in cooperation with third-party service providers (hereinafter the "Service Provider"). The Service Providers and their smart control implementation solutions are:

• EnergyHub International, Inc.: smart control of heat pumps via the technical platform maintained by EnergyHub.
• Smart control via electricity meter: available to Customers whose property has had a smart electricity meter installed and who have activated the load control service provided by their electricity network operator. The service is not available on all smart electricity meters. The service is currently available via the load control service provided by Elenia Network Plc. An up-to-date list of compatible load control services is available on Helen's website.

Each smart control implementation method is described in more detail in section 5. Activating the Service Provider's service requires the Customer to accept the Service Provider's own terms of use upon registration.

1.3 The liabilities, rights, and obligations arising from electricity sales are governed by the Terms of Electricity Sales in force from time to time. The Terms of Electricity Sales are available at www.helen.fi. Specific terms relating to the smart control service are governed by these service terms.

2. TERM AND TERMINATION OF THE AGREEMENT

2.1 The Agreement is in force for the fixed term agreed in the contract confirmation. If the Agreement is not renewed 14 days before the expiry of the fixed term, the Agreement continues after the fixed-term period as an open-ended product on the terms in force from time to time, which Helen will notify the Customer of before the end of the fixed term.

2.2 The Customer has the right to cancel the Agreement concluded by distance selling within 14 days of entering into the Agreement. Instructions for withdrawal and the withdrawal form will be provided with the contract confirmation.

2.3 The Agreement includes a ninety (90) day switching option from the date the Agreement enters into force. During this period, the Customer may switch the Agreement to a fixed-term Välkky electricity agreement or to a fixed-price fixed-term electricity agreement. The energy charge in the new agreement will remain at the level of the higher fixed energy charge under the Agreement. The length of the fixed-term period remains the same as in the Agreement. If the Customer wishes to exercise the switching option, they must contact Helen's customer service.

2.4 Helen provides the smart control service included in the Agreement in cooperation with the Service Providers. If a Service Provider whose smart control service the Customer uses ceases to provide the smart control service and the Customer does not have another smart control service under the Agreement in use, the Customer is entitled to terminate the Agreement notwithstanding its fixed term, with 14 days' notice, by notifying Helen of the termination in writing within one month of the cessation of the smart control service. Helen will endeavour to notify the Customer of the cessation of the smart control service as far in advance as possible.

2.5 Helen is entitled to suspend the delivery of the smart control service if the Service Provider notifies Helen that the Customer has breached the terms of use between the Customer and the Service Provider.

2.6 A fixed-term contract cannot be terminated during its validity period.
The termination fee is determined based on the remaining duration of the contract at the time of termination. The fee takes into account the forecasted electricity consumption for the remaining contract period and the derivative price used as the basis for the hedging at the start of the contract, applied to the remaining period. The termination fee fully covers the electricity supplier’s remaining costs. In addition, a service fee related to the administrative work of the termination will be added. The price of the service fee related to contract termination valid at any given time can be found in the service price list (a link to the price list is available on the page General Terms and Conditions). The termination fee will be charged if the contract is terminated during its fixed term in violation of the electricity sales terms recommended by Finnish Energy (Energiateollisuus ry).

3. BILLING

3.1 The billing prices for electricity are the fixed energy charges agreed at the time the Agreement is entered into, and a monthly charge. The Agreement includes two or more fixed energy charges, which apply on every day of the year at specified times. The fixed energy charges, their amounts, and the specified times during which they apply are confirmed in the contract confirmation.

3.2 The smart control automatically directs the Customer's equipment to concentrate electricity consumption during the periods of the lower fixed energy charge under the Agreement. The Customer's consumption is billed at the energy charge applicable at the time consumption occurs. If the Customer does not activate the smart control, or if the smart control is not in use during the contract period for reasons attributable to the Customer, the Customer will be billed for all electricity consumption at the highest fixed energy charge under the Agreement as set out in section 4.

4. BILLING DURING SMART CONTROL OUTAGES

4.1 The smart control must be activated for at least 80% of the hours in each calendar month. If the smart control is out of use for reasons attributable to the Customer for more than 20% of the hours in a month, the Customer will be billed for that month for all electricity consumption at the highest fixed energy charge under the Agreement, regardless of the time of day at which the consumption occurred. A billing adjustment may be made retroactively for previous months where the smart control outage was due to reasons attributable to the Customer.

4.2 If an outage is caused by a technical malfunction of the smart control and not by a reason attributable to the Customer, no changes will be made to the Customer's billing, i.e. the Customer will not be billed solely at the highest fixed energy charge.

4.3 Helen monitors the status of the smart controls and may notify the Customer of any outage it detects. However, Helen cannot guarantee the automatic detection of outages for all customers.

4.4 Upon resumption of the smart control, the Customer must notify Helen at alyohjaus@helen.fi. Helen will make the adjustment to the billing without delay, and no later than within 7 working days of the Customer's notification.

5. DELIVERY OF THE SMART CONTROL SERVICE

5.1 Helen provides the smart control service included in the Agreement for different types of heating. Smart control via electricity meter may also cover electric vehicle charging. The Customer may have one or more smart controls active simultaneously as part of the Agreement.

5.2 Heat pump smart control

5.2.1 Helen provides the heat pump smart control service in cooperation with the Service Provider (EnergyHub International, Inc.). The purpose of the smart control service is to optimise the heating needs of the Customer's property and to direct the necessary heating to take advantage of the low fixed energy charge periods included in the Agreement. Savings estimates stated by Helen refer to potential savings, and Helen cannot guarantee that the smart control service will produce actual savings. The Customer's heating costs depend on several variables, such as electricity consumption habits, desired temperature, and bathing habits.

5.2.2 The smart control service operates through a direct connection between the technical platform maintained by the Service Provider and the heating device. The Customer must activate the heat pump manufacturer's application and create credentials on the Service Provider's platform when setting up the smart control service.

5.2.3 Helen discloses the Customer's personal data (name, address, email address, telephone number, contract number, product details, and any order codes) to the Service Provider so that the Customer can access the Service Provider's service without additional charges. Helen's access to the Service Provider's platform and the purposes of that access are described in more detail in section 6.3.

5.2.4 The heat pump smart control service activation process is described below.

5.2.5 The Service Provider continuously develops and improves the smart control service but is not obligated to make changes to the smart control service as a result of changes made by heat pump manufacturers to their own systems. The Service Provider cannot guarantee the compatibility of heat pump manufacturers' systems with the smart control service. This may affect the operation of the smart control service with certain device brands, and the Service Provider cannot guarantee the continuous operation of the smart control service even if the device was compatible with the smart control service at the time of activation.

5.3 Smart control via electricity meter

5.3.1 Smart control via electricity meter is available to Customers whose property has had a smart electricity meter installed and who use the load control service provided by their electricity network operator. The purpose of the smart control service is to direct the necessary heating or electric vehicle charging to take advantage of the low fixed energy charge periods included in the Agreement. Savings estimates stated by Helen refer to potential savings, and Helen cannot guarantee that the smart control service will produce actual savings.

5.3.2 The smart control service requires the Customer to log in to the load control service provided by their network operator and set the times specified under the Agreement in the load control service.

5.3.3 Before activating the Agreement, Helen verifies whether the Customer has the load control in use. For this purpose, Helen discloses the Customer's electricity supply point identifier (GSRN) to the network operator for the purpose of eligibility verification.

5.3.4 The smart control service activation process via electricity meter is described below.

6. DATA RELATING TO THE SERVICE — EU DATA ACT

6.1 The European Union Data Act (Regulation (EU) 2023/2854) governs the use of and access to data generated in connection with smart devices and related services. The Data Act defines, inter alia, who is the data holder, who has the right to access data and under what conditions.

6.2 Heat pump smart control. Helen is not the data holder but a data recipient within the meaning of the Data Act. EnergyHub International, Inc. acts as the data holder in respect of data made available through the platform it manages and is responsible for providing the Customer with the information required by the Data Act. The Customer's rights under the Data Act must be directed to EnergyHub directly.

6.3 Helen has access to the platform maintained by EnergyHub or its technical interface, through which Helen retrieves or receives information relating to the status of the smart control service — such as smart control activation and outage status — for the purposes of providing, managing, and monitoring the billing of the service and providing customer support. Helen does not disclose this information to third parties without the Customer's consent. If Helen stores information obtained through the platform or technical interface in its own systems, such information will be retained only for as long as necessary for the purposes set out above.

6.4 Smart control via electricity meter. Helen does not have access to the network operator's load control service and does not receive data relating to the smart control service from the network operator. Accordingly, no data holder–data recipient relationship within the meaning of the Data Act arises between Helen and the network operator. The Customer's rights under the Data Act must be directed to the relevant network operator directly.

7. LIABILITY FOR DAMAGES

7.1 Helen is liable for electricity sales in accordance with the Terms of Electricity Sales in force from time to time.

7.2 Helen is not liable for the Service Provider's service, application, or platform, including its operation, availability, interruptions of use, connections, or related devices, nor for any damage arising from the operation of or disruptions of use to the Service Provider's service, application, or platform.

Helen is also not liable for the operation, condition, or information security of devices owned or used by the Customer (heat pump, electric vehicle charger, or similar device), nor for the Customer's internet connection or other telecommunications connections.

7.3 Helen is not liable for indirect damages, such as unrealised energy savings arising from outages or malfunctions of the smart control service. Helen is also not liable for the accuracy of savings estimates.

8. DATA PROTECTION

8.1 Helen acts as an independent controller when processing the Customer's personal data in connection with the Agreement and the service. Helen processes the Customer's customer, contract, and billing data for purposes including managing the customer relationship, performing the Agreement, billing, and customer communications. Processing is based primarily on the contractual relationship and statutory obligations, and in certain respects on the Customer's consent, such as for electronic marketing. Further information on Helen's processing of personal data, the legal basis for processing, and the Customer's rights can be found in Helen's privacy notice at www.helen.fi/personaldata

8.2 In addition, each Service Provider processes the Customer's personal data as an independent controller in accordance with its own privacy practices. The Customer is encouraged to review the Service Provider's privacy practices before activating the service.

9. COMPLAINTS AND DISPUTE RESOLUTION

9.1 The Customer must notify Helen of any error or disruption detected in the smart control service or billing within a reasonable time of detecting the error The notification can be delivered by emai at alyohjaus@helen.fi or through Helen's customer service.

9.2 The resolution of disputes arising from the Agreement is governed by the general terms in the contract confirmation. This Agreement is governed by laws of Finland.

10. OTHER TERMS

10.1 Amendment of the Agreement. Helen is entitled to amend these service terms in respect of electricity sales in accordance with the Terms of Electricity Sales in force from time to time.

10.2 Assignment of the Agreement. Helen may assign the rights and obligations arising from the Agreement to a successor or group company without the Customer's separate consent. The Customer is not entitled to assign the Agreement to a third party without Helen's prior written consent.