Heartbeat AI Service Agreement

1KOMMA5° Australia

Version: 3 February 2026

1.1 This Agreement sets out the relationship between 1K5 Heartbeat Pty Ltd, trading as Heartbeat AI (ABN 27 682 650 915) (we, us) and you (you, Customer) in relation to the Heartbeat AI offer (Heartbeat AI, the Service).

1.2 Heartbeat AI is a bundled service that combines:

a) compatible 1KOMMA5° hardware  (for example, inverters and batteries that we specify as compatible);

b) 1KOMMA5° Heartbeat AI optimisation service which controls compatible devices at your premises to respond to wholesale electricity prices and other signals;

c) an electricity retail plan supplied by Amber Electric Pty Ltd ABN 98 623 603 805 (Amber) under a separate electricity supply contract,

the scope of which is defined in the process undertaken as described in clause 6.1.

1.3 This Agreement:

a) governs your relationship with 1KOMMA5° in connection with Heartbeat AI;

b) does not govern your electricity supply that is governed by your separate contract with Amber; and

c) sits alongside and is in addition to:

i) 1KOMMA5° hardware terms and conditions (your hardware installation terms),

d) Amber’s terms:

i) 1KOMMA5° branded Heartbeat AI optimisation service, supplied by Amber  (the      Heartbeat AI Terms); 

ii) Amber’s Market Terms and Conditions (your Energy Supply Contract), Amber’s Privacy Policy and any other  terms which you agree to when entering into an electricity supply arrangement with Amber;

iii) any Energy Plan Information / Basic Plan / Fact Sheet or similar documents issued by Amber for your specific plan, (together, the Amber Terms).

1.4 If there is any inconsistency between this Agreement and the Amber Terms:

a) the Amber Terms prevail for anything relating to optimisation services, data sharing between Amber and 1KOMMA5°,  electricity supply, pricing, billing, payment difficulties, hardship, life support, disconnection or complaints about energy supply; and

b) this Agreement prevails for anything relating to 1KOMMA5° hardware, branding, data sharing between we, us and Amber, and our responsibilities described in clause 3.

1.5 This Agreement is not an electricity retail contract and does not itself give you a right to the supply of electricity.

2.1 The parties to this Agreement are:

a) 1K5 Heartbeat Pty Ltd of Level 12, 213 Miller Street, North Sydney NSW 2060; and

b) You, the person who signs up to Heartbeat AI and is the account holder for the premises.

2.2 As part of signing up to Heartbeat AI:

a) we will help you enter into a separate Energy Supply Contract directly with Amber; and

b) you will also enter into the Heartbeat AI energy optimisation service.

2.3 You acknowledge and agree that:

a) your electricity is supplied by Amber, not by 1KOMMA5°;

b) Amber is responsible for billing, energy prices, price changes, payment plans, hardship, life support protections, disconnection / reconnection, and regulatory obligations under Australian energy laws; and

c) 1KOMMA5° is not an electricity retailer and does not hold an electricity retail authorisation;.

3.1 1KOMMA5° responsibilities

Subject to this Agreement 1KOMMA5° will:

a) provide the Heartbeat AI product and experience, including branding and customer communications explaining how the Service works;

b) market and sell the Heartbeat AI service as part of the 1KOMMA5° product offering;

c) ensure that Heartbeat AI is integrated with compatible 1KOMMA5° hardware installed at your premises (for example, inverters and batteries that we specify as compatible), and ensure ongoing compatibility between 1KOMMA5° hardware and the Heartbeat AI optimisation service;

d) facilitate and project-manage the installation and commissioning of hardware that is compatible with Heartbeat AI and supplied by 1KOMMA5°;

e) commission compatible hardware and ensure successful enrolment into Heartbeat AI optimisation services;

f) facilitate your onboarding into the Heartbeat AI ecosystem, which includes guiding you through the Heartbeat AI and Amber Energy Supply Contract signup flows;

g) manage certain data integrations and interfaces between your 1KOMMA5° hardware, Amber’s systems and any other approved integration partners;

h) provide first-level support relating to 1KOMMA5° hardware, the Heartbeat App, and Heartbeat AI optimisation; and

i) ensure that end-to-end support for Heartbeat AI, associated hardware, and optimisation services are successfully delivered, except for matters governed by Amber Terms.

3.2 Amber responsibilities

Under your separate contracts with Amber, Amber is responsible for:

a) being your electricity retailer and market participant, including purchasing electricity from the wholesale market and supplying it to your premises;

b) ensuring a smart meter capable of interval data is installed at the premises;

c) billing you for electricity and any applicable fees and charges, managing direct debits, payment plans, hardship assistance and payment difficulties;

d) complying with energy laws and rules, including life support protections, customer information, price change notifications and complaint handling;

e) providing customer service for energy supply and billing matters, as explained in the Amber Terms; and

f) supplying the underlying optimisation services, including making decisions about when and how to control compatible devices to respond to price signals and other optimisation settings.

3.3 You “the Customer”

You are responsible for:

a) reading and accepting the Heartbeat AI terms and ensuring you understand that they govern the product concept and experience.

b) reading and accepting the Amber Terms and ensuring you understand that they govern matters relating to your electricity supply and optimisation services;

c) providing safe access to the meter box;

d) paying any site-specific charges (e.g., asbestos board replacement, complex wiring);

e) ensuring your electrical installation is safe for metering work; and

f) ensuring your premises has reliable internet connectivity that meets the technical requirements advised by Amber or 1KOMMA5° (typically >90% uptime and sufficient Wi-Fi strength).

g) ensuring you have and maintain compatible 1KOMMA5° hardware and that they remain installed and connected;

h) ensuring that no life support equipment or other critical medical devices are      used at all in connection with Heartbeat AI or a system or premises that are governed by this Agreement;

i) keeping your contact details up to date, including email address and mobile number; and

j) using the Service and App in accordance with this Agreement, the Amber Terms and any instructions we or Amber provide.

4.1 Heartbeat AI is only available if you:

a) are a residential or small business customer at a premises in the National Electricity Market (excluding areas where Amber cannot supply, as advised by Amber);

b) have compatible 1KOMMA5° hardware (for example, inverter and battery models we specify);

c) have or agree to install a smart meter and maintain adequate Internet connectivity at your premises;

d) enter into, and maintain, an active Energy Supply Contract with Amber for your premises; and

e) enter into and remain a party to the Heartbeat AI  Terms, which include providing the consents required to control your devices.

4.2 We may update the list of eligible regions, compatible devices or prerequisites from time to time. Where changes materially affect your use of Heartbeat AI, we’ll notify you by email and/or in-app.

5.1 Heartbeat AI is an energy optimisation and insights layer that relies on software and optimisation algorithms provided by Amber. The Service operates in connection with your Amber electricity plan and uses:

a) energy usage and generation data from your meter and devices;

b) wholesale electricity prices and network information; and

c) Amber’s algorithms, to automate and/or recommend the operation of compatible devices (such as batteries and EV chargers) to optimise for price and other settings.

5.2 The Heartbeat AI app experience you see is a 1KOMMA5°-branded interface to the Amber app and underlying Amber systems. Some features are operated by or on behalf of Amber, and your use of those features is subject to the Amber Terms and Amber’s Privacy Policy.

5.3 By accepting this Agreement, you authorise:

a) 1KOMMA5° and Amber to remotely access, configure and control each compatible device enrolled in Heartbeat AI, including pushing firmware updates and configuration changes; and

b) 1KOMMA5° and Amber to exchange and use energy data, device data and customer account data as described in clause 8 for the purposes of providing and improving the Service.

5.4 Heartbeat AI aims to optimise your outcomes, but:

a) savings are not guaranteed;

b) wholesale prices can be volatile and your bills may be higher or lower than on a traditional retail plan; and

c) where there is any conflict between optimisation settings and your safety obligations (for example, maintaining minimum temperatures or not overloading circuits), your safety obligations always prevail.

6.1 Commencement and Relationship to Other Terms

a) This Agreement commences when you complete the Heartbeat AI sign-up process,

b) Your contractual relationship with us is governed solely by this Agreement,

c) All Amber terms and conditions, including but not limited to the Energy Supply Contract, Heartbeat AI Terms, app terms, and privacy policy (together, the Amber Terms), are accepted separately through Amber’s own sign-up flow and do not form part of this Agreement,

d) The Amber Terms are available collectively at: https://www.amber.com.au/terms-and-conditions/terms

e) By signing up through Amber, the customer agrees to both this Agreement and the Amber Terms through a unified acceptance flow.

6.2 This Agreement is conditional on and coterminous with your Amber arrangements. It automatically ends when:

a) your Energy Supply Contract with Amber for the premises ends or is cancelled; or

b) your Heartbeat AI participation for that premises ends; or

c) you no longer have compatible 1KOMMA5° hardware and we are unable to continue providing the Heartbeat AI experience.

6.3 You may end your participation in Heartbeat AI at any time by:

a) contacting Amber to end your Heartbeat AI service participation and/or your Amber plan (as permitted by the Amber Terms); or

b) contacting us and asking us to remove your devices from Heartbeat AI .

6.4 Ending this Agreement does not of itself cancel or change your Energy Supply Contract with Amber. You must follow Amber’s processes and terms for changing plans or retailers.

6.5 We may suspend or terminate this Agreement (and your access to Heartbeat AI) by giving you at least 30 days’ notice if:

a) our commercial arrangement with Amber materially changes or ends;

b) we reasonably believe it is no longer technically or commercially feasible to provide Heartbeat AI at your premises; or

c) you seriously or repeatedly breach this Agreement and fail to remedy that breach within a reasonable time after we ask you to do so; or

d) any reason that is in our commercial interests exists or is likely to exist(determined in our sole discretion).

6.6 If this Agreement ends:

a) your electricity supply will continue under your Energy Supply Contract with Amber unless and until you change or cancel it with Amber; and

b) we may retain and use your data in accordance with our Privacy Policy and clause 8.

7.1 1KOMMA5° currently provides the Heartbeat AI component of the Service to you at no additional charge, conditional on:

a) you maintaining an active Energy Supply Contract with Amber for your premises; and

b) you participating in Heartbeat AI. 

7.2 All electricity usage charges, network charges, Amber fees and any Heartbeat AI charges or credits are governed by the Amber Terms and are payable to Amber, not to 1KOMMA5°.

7.3 We may in future introduce a separate fee for aspects of Heartbeat AI that are provided by 1KOMMA5°. If we do, we will notify you in advance and give you the option to cease using Heartbeat AI instead of paying that fee.

7.4 Referral disclosure:

Amber pays 1KOMMA5° a referral or commission payment for customers who establish and maintain an active Energy Supply Contract via Heartbeat AI. You are not charged any additional amount for this referral - it is a commercial arrangement between us and Amber.

8.1 To provide Heartbeat AI, 1KOMMA5° and Amber need to collect, use and share data about you, your premises, and your devices. This may include:

a) identification and contact details (name, email, phone, billing and service address);

b) device and system configuration (for example, inverter and battery model, capacity and firmware);

c) energy usage and generation data, including imports and exports; 

d) Heartbeat AI settings and optimisation history; and

e) app usage data (for example, settings you change, screens you view and control actions you take).

8.2 By accepting this Agreement, you:

a) consent to 1KOMMA5° and Amber:

i) sharing data between each other and with our respective service providers and hardware manufacturers (for example, FoxESS) for the purposes of delivering, supporting and improving Heartbeat AI and related services; and

ii) storing and processing that data in Australia and, where necessary, overseas, in accordance with our respective privacy policies and applicable law; and

b) acknowledge that we cannot provide Heartbeat AI if you do not consent to this data sharing.

8.3 1KOMMA5° will handle personal information in accordance with:

a) the Privacy Act 1988 (Cth); and

b) our 1KOMMA5° Australia Privacy Policy, available on our website and updated from time to time.

8.4 Amber will handle personal information in accordance with its own privacy policy and the Amber Terms. You should read those documents carefully.

8.5 We may use de-identified or aggregated data (that does not reasonably identify you) for analytics, product development and reporting.

9.1 You authorise 1KOMMA5° and Amber to:

a) remotely access and monitor the performance and status of compatible devices;

b) remotely configure and control those devices in line with Heartbeat AI and SmartShift algorithms and the settings available to you in the app; and

c) deploy firmware updates, configuration changes and software updates that we reasonably consider necessary or beneficial to maintain or improve the Service.

9.2 Heartbeat AI is designed to operate with authentic, unmodified 1KOMMA5° and other approved compatible hardware. We do not warrant that the Service will operate correctly or at all with non-approved or modified hardware.

9.3 You must not:

a) interfere with or circumvent the remote access mechanisms used by 1KOMMA5° or Amber;

b) connect life support equipment or other critical medical devices to Heartbeat AI; or

c) use the Service in a way that is unsafe, illegal or inconsistent with instructions we or Amber provide.

10.1 Australian Consumer Law (ACL) Nothing in this Agreement excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified. Our services come with guarantees that cannot be excluded under the ACL.

10.2 To the maximum extent permitted by law, and subject to clause 10.1:

a) 1KOMMA5° is not responsible for: 

i) the supply of electricity to your premises;

ii) the level or structure of your tariffs or network charges;

iii) Heartbeat AI energy optimiser decisions or algorithms; or

iv) any act or omission of Amber or its contractors;

b) we do not warrant that Heartbeat AI will always result in bill savings or a particular financial outcome; and

c) we are not liable for any loss arising from events outside our reasonable control, including network outages, Amber system failures or wholesale market volatility.

10.3 Our liability to you for failure to comply with a consumer guarantee (other than guarantees relating to title, undisputed possession or undisclosed securities) is, to the extent permitted by law, limited at our option to:

a) resupplying the relevant 1KOMMA5° service; or

b) paying the cost of having the service resupplied.

10.4 You indemnify 1KOMMA5° for loss or damage we reasonably incur as a direct result of:

a) your breach of this Agreement; or

b) your use of the Service in a way that is unlawful, fraudulent or deliberately unsafe,except to the extent that loss or damage is caused by our own negligence, wilful misconduct or breach of this Agreement.

11.1 We and Amber will generally communicate with you electronically, including via:

a) Email;

b) SMS; and

c) in-app messages and notifications.

11.2 You must maintain an active email address and tell 1KOMMA5° and Amber if your contact details change.

11.3 If you request paper copies of documents that we are not legally required to provide in paper form, we may charge a reasonable fee to cover printing and postage.

12.1 We may update or change Heartbeat AI from time to time, for example to:

a) add, change or remove features;

b) reflect changes in technology, our arrangements with Amber, or regulatory requirements; or

c) improve security, performance or user experience.

12.2 Where a change is material and detrimental to you, we will give you reasonable notice (usually at least 30 days) by email and/or in-app.

12.3 We may also update this Agreement from time to time. We will notify you of any material changes. If you do not agree with the updated terms, you may stop using Heartbeat AI and/or terminate this Agreement in accordance with clause 6.

13.1 Entire agreementThis Agreement constitutes the entire agreement between you and us in relation to Heartbeat AI and supersedes any prior understandings or representations about the Service, to the extent permitted by law.

Entry into this Agreement is conditional on your acceptance of the Amber Terms, which govern your separate contractual relationship with Amber and do not form part of this Agreement.

13.2 AssignmentWe may transfer or assign our rights and obligations under this Agreement (in whole or part) to another 1KOMMA5° group entity or a successor provider of the Heartbeat AI service. We will notify you if we do this. You may not assign your rights under this Agreement without our consent.

13.3 SeverabilityIf any part of this Agreement is found to be invalid or unenforceable, that part will be read down or severed and the rest will remain in full force and effect.

13.4 Governing lawThis Agreement is governed by the laws of any State or Territory in Australia where your supply address is located, and the courts of that State or Territory have non-exclusive jurisdiction.

13.5 Complaints about 1KOMMA5°If you have a complaint about 1KOMMA5°’s role under this Agreement, please contact us using the Customer Complaints Handling Process on our website. Complaints about energy supply, billing or Amber’s conduct should be made to Amber in accordance with the Amber Terms. You may also have the right to escalate certain complaints to your local energy ombudsman.

1K5° Heartbeat PTY LTD

ABN: 27 682 650 915