In these Terms and Conditions, the following definitions apply:
By accessing www.wavhz.com or using any WAVhz service, you confirm that you:
WAVhz reserves the right to modify these Terms at any time. Material changes will be communicated with reasonable advance notice. Continued use of our services after such notification constitutes acceptance of the revised Terms.
WAVhz provides vertically integrated BESS services across the full value chain:
Utility and large-scale battery energy storage systems, including design, procurement, installation, grid connection, and ongoing operation and maintenance.
Residential battery energy storage systems, including supply, installation, commissioning, warranty services, and remote monitoring.
Battery optimisation software engine providing real-time monitoring, AI-driven charge/discharge optimisation, energy management, and system analytics.
Demand flexibility and grid balancing services, enabling customers to participate in ancillary services markets, demand response programmes, and Virtual Power Plant (VPP) aggregation.
Procurement, system design, civil and electrical installation, commissioning, periodic maintenance, emergency callout, and performance reporting across all market segments.
The specific scope of Services applicable to each Customer will be set out in a separate Service Agreement, Proposal, or Purchase Order which shall form part of the Agreement.
Customers must:
The Customer agrees to comply with all applicable export control, trade sanctions, customs, and import/export laws and regulations in any relevant jurisdiction, including those relating to batteries, electrical equipment, software, encryption technologies, and energy infrastructure.
The Customer shall not use, export, re-export, transfer, or make available any WAVhz products, software, or services:
WAVhz reserves the right to suspend or terminate services where continued provision may expose WAVhz to sanctions, regulatory restrictions, or legal liability.
All quotations are valid for 30 days unless otherwise stated. An order is accepted only upon WAVhz’s written confirmation. WAVhz reserves the right to decline any order at its discretion.
Prices are exclusive of GST/applicable taxes unless stated otherwise. WAVhz may adjust prices for ongoing contracts to reflect changes in material costs, exchange rates, or regulatory requirements, with 30 days’ written notice.
All applicable GST, duties, and levies are the Customer’s responsibility unless WAVhz has explicitly agreed to bear them in the commercial contract.
WAVhz warrants that installed BESS hardware will be free from defects in materials and workmanship for the warranty period specified in the applicable service agreement (typically 5–10 years, subject to product line and contract terms).
Where a performance guarantee (e.g. minimum State of Health threshold) is contractually agreed, WAVhz’s obligation is limited to remediation or replacement of defective cells/modules, subject to compliance with operating conditions.
The Customer acknowledges and agrees that all battery energy storage systems naturally degrade over time due to factors including, but not limited to:
Any battery performance metrics, including State of Health (SoH), usable capacity, round-trip efficiency, or cycle life estimates, are projections based on expected operating conditions and may vary in practice.
Except where expressly stated in a written performance guarantee or warranty agreement, WAVhz does not guarantee that any battery system will maintain a specific capacity, efficiency level, or performance metric over time.
WAVhz warrants that its software will perform materially in accordance with published specifications. WAVhz does not warrant uninterrupted or error-free operation. WAVhz may periodically perform scheduled maintenance, emergency maintenance, software patches, firmware upgrades, cybersecurity updates, or infrastructure improvements which may temporarily affect platform availability or functionality.
WAVhz does not guarantee uninterrupted, continuous, or error-free access to any software platform, optimisation engine, telemetry system, dashboard, API, or remote monitoring service.
Warranties are void in respect of damage caused by:
All intellectual property rights in WAVhz products, software (including WAVhz Core and WAVhz Flex), algorithms, designs, documentation, branding, and website content are owned by or licensed to WAVhz.
Customers are granted a limited, non-exclusive, non-transferable licence to use WAVhz software solely for the purpose of operating their installed WAVhz system during the term of their agreement. This licence does not include:
Customer data generated by WAVhz systems (e.g. energy consumption data) remains the property of the Customer. WAVhz may use anonymised, aggregated data for research, product improvement, and regulatory reporting purposes including benchmarking, forecasting, demand modelling, and energy system analytics.
The collection and processing of personal data by WAVhz is governed by the WAVhz Privacy Policy (www.wavhz.com/privacy), which is incorporated into these Terms by reference.
WAVhz systems (particularly WAVhz Core) require internet connectivity for remote monitoring, optimisation, and over-the-air updates. The Customer is responsible for providing adequate connectivity at the installation site. WAVhz accepts no liability for degraded performance resulting from connectivity failures.
WAVhz will process system telemetry data for the purposes of performance monitoring, warranty management, and service delivery. This data processing is covered by the Privacy Policy and any applicable Data Processing Agreement.
The Customer acknowledges and agrees that WAVhz may remotely access connected systems, devices, software platforms, and telemetry infrastructure for purposes including:
WAVhz shall use reasonable security measures to protect such remote access channels. The Customer agrees not to disable, obstruct, interfere with, or tamper with any authorised remote monitoring or control functionality required for safe and effective operation of WAVhz systems.
WAVhz reserves the right, acting reasonably and in good faith, to remotely limit, isolate, suspend, disconnect, or shut down any connected system or component where necessary to:
Where reasonably practicable, WAVhz will notify the Customer before taking such action. However, in emergency situations or where immediate action is required to protect safety, infrastructure, or regulatory compliance, WAVhz may act without prior notice.
WAVhz shall not be liable for losses arising from actions reasonably taken under this clause, except to the extent caused by WAVhz’s gross negligence or wilful misconduct.
WAVhz systems are designed to comply with applicable grid codes, Indian Electricity Grid Code (IEGC), and relevant CERC/SERC technical standards. Customers must:
WAVhz Flex demand flexibility services are subject to the rules of the relevant flexibility or ancillary services market. Participation is voluntary and subject to a separate Flex Services Agreement. WAVhz provides no guarantee of revenues from flexibility market participation.
To the fullest extent permitted by applicable law, WAVhz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profit, loss of revenue, loss of data, loss of anticipated savings, loss of business opportunity, or damage to goodwill — even if WAVhz has been advised of the possibility of such loss.
WAVhz’s total aggregate liability to any Customer arising out of or in connection with an Agreement (whether in contract, tort, negligence, breach of statutory duty, or otherwise) shall not exceed the total fees paid by the Customer to WAVhz in the 12 months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits WAVhz’s liability for: death or personal injury caused by WAVhz’s negligence; fraud or fraudulent misrepresentation; any liability that cannot be excluded by applicable law (including the Consumer Protection Act, 2019 for residential consumers).
WAVhz shall not be liable for delay or failure in performance resulting from circumstances beyond its reasonable control, including acts of God, government actions, grid failures, supply chain disruptions, pandemics, or industrial disputes. WAVhz will notify the Customer promptly and take reasonable steps to mitigate the impact.
The Customer agrees to indemnify, defend, and hold harmless WAVhz and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of or related to:
These Terms remain in effect for the duration of any active Agreement between the Customer and WAVhz. Provisions that by their nature should survive termination (including IP, liability, dispute resolution, and payment obligations) shall continue after termination.
Customers may terminate a service agreement in accordance with the cancellation provisions set out in the applicable commercial contract. Cancellation charges may apply to hardware procurement and installation contracts.
WAVhz may suspend or terminate services with immediate effect upon written notice if:
Upon termination: all licences granted under these Terms immediately cease; outstanding payment obligations remain enforceable; the Customer must return or allow retrieval of WAVhz proprietary equipment as specified in the service agreement.
The parties shall attempt to resolve any dispute informally by escalating to senior management within 30 days of written notice of the dispute.
If the dispute is not resolved informally, the parties agree to refer it to mediation administered by a mutually agreed mediator or, failing agreement, appointed by the Indian Mediation Centre or equivalent body.
If mediation fails, disputes shall be finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended. The arbitration shall be:
For disputes with customers outside India, WAVhz and the Customer may agree to arbitration under ICC Rules or UNCITRAL Rules, with the seat of arbitration to be agreed in the applicable commercial contract.
Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from courts of competent jurisdiction.
These Terms are governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions.
Subject to the dispute resolution provisions above, the parties submit to the exclusive jurisdiction of the courts of Hyderabad, India for any matter not referred to arbitration. For customers in the European Union or United Kingdom, mandatory consumer protection rights under applicable EU/UK law are preserved and are not affected by this clause.
Residential customers (WAVhz Home) have statutory rights under the Consumer Protection Act, 2019. Nothing in these Terms diminishes or excludes those statutory rights, including:
WAVhz’s designated Consumer Complaint address is: legal@wavhz.com. Residential customers may also raise complaints through the National Consumer Helpline (NCH) at 1800-11-4000 or the Consumer Courts having appropriate jurisdiction.
These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Service Agreement or Purchase Order, constitute the entire agreement between WAVhz and the Customer and supersede all prior agreements or representations.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
WAVhz’s failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future.
Customers may not assign their rights or obligations under these Terms without WAVhz’s prior written consent. WAVhz may assign its rights and obligations in connection with a merger, acquisition, or asset sale.
Formal notices under these Terms must be in writing and delivered by email (with read receipt or acknowledgement) or registered post to the addresses set out in the applicable service agreement. Notices to WAVhz should be addressed to legal@wavhz.com.
These Terms are written in English. Where translations are provided for convenience, the English version shall prevail in the event of any conflict.
Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between WAVhz and the Customer.
Email: legal@wavhz.com
Website: www.wavhz.com
Grievance Officer: As published on www.wavhz.com/legal
Consumer Complaints: legal@wavhz.com | National Consumer Helpline: 1800-11-4000