1. Professional software
BER PRO is professional productivity software intended to assist registered BER Assessors and authorised organisations with surveying, floor-plan preparation, evidence collection, calculations, reporting, exports and related workflows. BER PRO does not replace the professional judgement, statutory duties or regulatory responsibilities of a registered BER Assessor.
2. Accounts and authorised users
Users must provide accurate account information and must protect their credentials and authorised devices. Users are responsible for activity carried out through their account unless Energio has been notified of suspected compromise. Energio may apply email verification, device authorisation, security checks and reasonable account controls.
3. Individual and company accounts
Energio may provide individual accounts and company accounts. Company Managers may administer company members, assign work, manage eligible project-credit allocations and access projects and operational information associated with their organisation according to configured permissions. A company customer is responsible for ensuring that its authorised assessors use BER PRO in accordance with these Terms and applicable professional requirements.
4. Authorised devices
BER PRO may restrict an assessor account to the permitted number of active devices. Account holders, authorised Company Managers and Energio administrators may be able to revoke devices for legitimate security and account-management purposes. Attempts to circumvent device or access controls are prohibited.
5. Project credits
Certain BER PRO functions may require a project credit. Credits may have different validity periods depending on the product purchased. Company credits may be allocated or reclaimed where the relevant product rules allow. Once a project credit has been consumed under the applicable service rules, it is not ordinarily reusable for another property.
6. Offline functionality
BER PRO may provide limited offline functionality. Information created while offline may remain on the device until connectivity is restored and synchronisation or authorisation can occur. Not every cloud-dependent operation can be completed offline.
7. Customer content and BER Scheme Data
Users retain their rights in project information, photographs, plans, measurements, notes and other content they upload or create. The customer grants Energio the limited rights necessary to host, process, transmit, back up and technically manipulate that content for the purpose of providing, securing, supporting and maintaining the service.
Where BER PRO processes BER Scheme Data on behalf of an Assessor or organisation, the customer instructs Energio to process that information only as necessary to provide the contracted BER PRO services, subject to the applicable data-processing arrangements.
8. User responsibilities
- Collect and use information lawfully and only as necessary for the assessment.
- Obtain any permissions and provide any privacy notices required for photographs, documents and personal information.
- Protect login credentials and authorised devices.
- Check project information, measurements, calculations and outputs before professional or regulatory use.
- Comply with the applicable SEAI Code of Practice, DEAP methodology, conventions, technical bulletins and guidance.
9. LiDAR, room scanning and measurement verification
BER PRO may use compatible device sensors, including LiDAR and related room-scanning technologies, to assist with capture of room geometry, wall dimensions, openings, floor layouts and other building measurements. LiDAR, RoomPlan and other sensor-derived measurements are assistive tools only and must not be treated as a substitute for professional judgement or independent verification by the registered BER Assessor.
Factors affecting sensor accuracy
Sensor-derived accuracy can vary with the device model and sensor condition, distance from the surface, lighting, reflective or transparent surfaces, low-texture surfaces, furniture or obstructions, room geometry, movement during scanning, accessibility, visibility and other site conditions. Particular care should be taken with windows, doors and other openings, floor-to-ceiling heights, storey heights and other dimensions that may materially affect a BER assessment.
Independent verification
The BER Assessor must verify measurements on site using an appropriate independent measuring method where necessary. Suitable methods may include a laser distance meter, measuring tape, physical measurement, reliable construction drawings or another method accepted under the applicable BER methodology. Where a LiDAR or digitally derived measurement appears inconsistent, uncertain, incomplete or unsuitable, the Assessor must obtain and use an independently verified measurement.
Assessor responsibility
The registered BER Assessor remains responsible for determining whether measurements and information used in a BER assessment are appropriate, accurate and sufficient. This includes responsibility for building dimensions, floor areas, wall and opening measurements, floor-to-ceiling and storey heights, construction classifications, methodology assumptions, evidence, information entered into DEAP or another SEAI system, and review of calculations, reports and exports before submission.
Company responsibility
Where BER PRO is supplied to a company or organisation, that customer is responsible for ensuring that its authorised assessors are appropriately trained and follow suitable measurement-verification and quality-control procedures. Company Managers should ensure that assessors do not rely solely on LiDAR or automated measurements where independent verification is appropriate.
No guarantee of sensor accuracy
Energio does not manufacture or control the LiDAR sensors, cameras or other hardware in third-party devices and does not warrant that sensor-derived measurements will be exact, complete or suitable for every building element or property. To the maximum extent permitted by applicable law, Energio is not responsible for errors in an assessment, calculation, report, export or final BER result arising from inaccurate or unverified sensor measurements, incorrect user measurements, incorrect classification or interpretation, inaccurate information supplied by a customer or third party, failure to verify measurements when reasonably required, incorrect application of the BER methodology, or incorrect/incomplete information submitted to SEAI or another third-party system. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
10. Acceptable use
- Do not attempt unauthorised access to Energio systems or other accounts.
- Do not interfere with service operation or security or knowingly introduce malicious code.
- Do not use automation to overload or abuse the service.
- Do not bypass account, project-credit, device or access restrictions.
- Do not reverse engineer the service except where expressly permitted by applicable law.
- Do not use the service for unlawful purposes.
11. Payments
Paid products are charged at the price displayed at the time of purchase unless otherwise agreed. Payments may be processed by a third-party payment provider. Taxes, invoices, promotions, credits and refunds are handled according to the conditions applying to the relevant purchase and applicable law.
12. Availability and maintenance
Energio aims to provide reliable services but does not guarantee uninterrupted availability. Services may be unavailable due to maintenance, upgrades, infrastructure failures, third-party failures, security incidents, internet or telecommunications failures, or circumstances outside Energio's reasonable control.
13. Software changes
Energio may add, modify or discontinue features to improve the service, maintain security, address technical requirements or respond to legal or regulatory changes. Updates may be required for continued compatibility with cloud services.
14. Third-party services
Energio may integrate with or link to third-party services. Those services are governed by their own terms and privacy practices. Energio is not responsible for third-party systems outside its reasonable control.
15. Intellectual property
BER PRO, Energio software, website design, source code, logos, trademarks and related intellectual property belong to Energio Limited or its licensors. No ownership rights in Energio intellectual property are transferred to users under these Terms.
16. Professional outputs and final BER responsibility
Measurements, drawings, calculations, reports, exports and other outputs may depend on user-entered information, device capabilities, sensor accuracy, site conditions, supporting evidence and methodology assumptions. BER PRO assists the assessment workflow but does not certify the accuracy of a BER assessment. The registered BER Assessor remains responsible for reviewing and validating all project information and for the professional accuracy and compliance of the final assessment and submission.
17. Suspension and termination
Energio may suspend or terminate access where reasonably necessary due to material breach, non-payment, fraud, abuse, security risk or legal/regulatory requirements. Where appropriate, reasonable notice or an opportunity to remedy may be provided.
18. Disclaimer and limitation of liability
To the maximum extent permitted by law, Energio services are provided on an "as available" basis. Energio will not be responsible for indirect or consequential losses arising from use of the service where such limitation is lawful. Nothing in these Terms excludes or limits rights or liabilities that cannot legally be excluded or limited.
19. Privacy and data processing
Use of the services is subject to the Energio & BER PRO Privacy Policy and, where applicable, any data-processing terms agreed between Energio and the customer. Customers are responsible for providing homeowners and other data subjects with the privacy information required for their own processing activities.
20. Changes to these Terms
Energio may update these Terms where reasonably necessary because of changes to services, technology, security, business arrangements or law. The current version and revision date will be published on Energio.ie.
21. Governing law
These Terms are governed by the laws of Ireland, subject to any mandatory rights that apply under applicable law.
22. Contact
Questions concerning these Terms should be submitted to Energio Limited at support@energio.ie.