Terms of Use

Hello! Welcome to Minum!

In this document you will find the Terms and Conditions of Use of Minum’s website and platform (“Terms”). We use clear, practical and accessible language. We recommend that you read and understand what your rights and duties are when using our services. You can consult this Term whenever you need, just go to our website: https://minum.com.br/en/privacy-policy. 

Below we list the subjects that you will find in this document:

  1. Introduction
  2. How our service works
  3. Who can be our customer
  4. Using our service
  5. Access to your utility account
  6. Payments
  7. Rates and promotions
  8. Cancellation
  9. Data collection and privacy
  10. Intellectual property
  11. Final provisions

1. Introduction

It is important that you carefully read and understand the Terms, as this document contains the terms and conditions that govern the use and access of Minum’s website, platform, products and services, which may include utility account management and transfer, the allocation of renewable energy credits, electricity service and account management, installation of energy storage and/or energy efficiency devices and hardware (including LED technology,  smart meters, thermostats, electrical motion sensors and the like), as well as the use of all of our websites, social media and software applications that incorporate or link to these Terms (collectively, the “Minum Platform”).

By accessing, browsing, registering for or using any of our services, you represent that you have read, understood and fully agree to these Terms, including but not limited to our privacy policy and any other guidelines referenced in this Agreement. And remember, if you do not agree to these Terms or have questions, you may contact us at any time via e-mail to contato@minum.com.br before using our services or accessing the Minum Platform.

2. How our service works

We offer comprehensive energy plans designed to improve your electricity service while cutting your cost and waste (our “Services”). We do this through the Minum Platform and through the delivery of one or more of our products and services, including but not limited to: migration and management of your utility account, distributed generation, smart meters, behind-the-meter hardware and storage solutions, consumption and device analytics, and remote energy management, whether through Minum or our affiliates (collectively “we,” “us,” and “our”). Upon engaging our Services, you will be responsible for payment of your monthly plan fee (“Fee”), and the rights and duties contained in these Terms, your Services agreements and documents, and any other guidelines and policies mentioned herein shall be observed.

Our Services are made available through the Minum Platform and through our website (https://minum.com.br), including a portal exclusively accessible for our customers through the use of login and password.

By using our Services and migrating your utility account to us, you understand that Minum does not assume responsibility for energy transmission and distribution services, which continue to be provided exclusively by the traditional utility under the terms of Brazilian law and regulation. Minum Thus, the traditional utility is solely responsible for the quality and maintenance of grid, connection and meter infrastructure, as well as themeasurement of consumption, resolution of meter and billing errors and resolution of any problems related to the electrical grid and electricity supply, including but not limited to power failures, surges, blackouts, voltage and frequency oscillations, and any other issues.

3. Who can be our customer

Only persons over eighteen (18) years of age and/or companies may use our Services. Our Services must be contracted directly with the utility account holder, whether CPF or CNPJ. 

We may allow you to consolidate and combine utility accounts, share and delegate access, and make other admin changes to your account(s) on the Minum Platform. In any event, you (the utility account holder) remain solely responsible for adherence to the Terms and any other terms and conditions of our Services.

3.1. About your registration data, account and, responsibilities 

By accessing our website, the Minum Platform, creating an account (“User Profile”) or using our registration process, you agree to provide true, accurate, current and complete information (“Registration Data”), and you are solely responsible for all activities that occur in your User Profile.

You may not share or store your User Profile data with third parties, and you agree to immediately notify Minum of any unauthorized use of your User Profile or in the event of any other breach of security. It is very important that you log out at the end of each access to your User Profile. 

You agree that Minum may immediately suspend or terminate, unilaterally and without notice, our Services, you User Profile and all of your access to the Minum Platform if:

  1. any anomaly is identified in your User Profile, or any of your Registration Data is inaccurate, not true, out of date or incomplete;
  2. there is any breach, action and/or omission intended to contravene the provisions of these Terms;
  3. you have any objection to these Terms or any subsequent updates, or if you do not fully agree to the provisions of these Terms;
  4. there is any judicial determination and/or non-compliance with any laws;
  5. inaccurate, untrue or dubious information is used, or on behalf of someone other than yourself when creating your User Profile;
  6. there is a new attempt to access or use the Minum Platform if you have previously been suspended or removed; or
  7. fraud or damage to Minum and/or third parties is found, in which case we may take the appropriate legal measures.

Your User Profile must be created on the Minum Platform by providing the following Registration Data:

If for a business (CNPJ):

  1. Company Data: Company Name, CNPJ, address, telephone number and valid e-mail;
  2. Legal Representative Data: Full name, identity document, CPF, date of birth address, email and phone number.

If for a person (CPF):

  1. Full name, CPF, date of birth, identity document, address, email and phone number.

Identity Verification: To validate your identity upon engaging our Services, it will be necessary to complete a biometric verification, in addition to providing a form of official documentation from the following documents: RG, CNH, Passport or CTPS with front and back in image or PDF format. If you are creating a User Profile for a company, you will need to provide documentation related to your authorization as a legal representative. You authorize Minum, directly or through third parties, to make any query that we deem necessary to verify your identity. This may include asking for more information, asking You to arrange measures to confirm ownership of Your email address or financial instruments, and verifying your Registration Data based on third-party databases or through other sources. If we are unable to verify your identity, we reserve the right to deny you the use of our Services.

Confirmation of Personal Data: You will also need to confirm the mobile phone number and your email address through the code sent via SMS and/or email via the link received in the confirmation message.

It is important to clarify that You may maintain only one (1) active User Profile. In some cases, including but not limited to cases of duplicate registrations, Minum may deactivate your User Profile without prior notice. It is therefore of the utmost importance that You read and meet all the conditions of these Terms. If this occurs, You may create a new profile only when Minum authorizes it through the Minum Platform, always following the registration criteria described in these Terms.

4. Using our Services

4.1. Creating your account

To engage our Services, you will need to contract one of our plans linked to at least one of your active utility accounts – i.e. a consumer unit (“Unit”),. Only after registration and activation of your plan will your access to the Minum Platform and our Services through your User Profile will be released.

To engage our Services and have access to the Minum Platform, you will need to provide information and access related to your utility account, including the unique identifier number of your Unitalong with other information contained in your utility account and bill. You will need to upload to our Minum Platform a copy of your recent utility bill, no more than three months old. You may engage Services for multiple Units that can be accessed through your User Profile. You may share and delegate access through your User Profile. You remain responsible for your Unit and your contracted Services.

In case you want to add an additional Unit, you will need to sign a new Services agreement for each Unit as required by your utility.

Important note: Upon migrating your utility account to Minum, you will cease to have a utility account and will lose access to your existing account. Your utility may change identifying information related to your Unit upon activating your Services. We may provide you with access to Minum’s utility account information upon written request. It is important to note that any Unit receiving distributed energy credits may have their supply interrupted or canceled unless notified to us upong engaging our Services. You are not able to engage our Services alongside any third-party service that involves the distribution or allocation of distributed generation energy credits. Accordingly, we will not accept the engagement of our Services unless any competing existing service is rescinded.

If it is identified that any of the Units linked to your User Profile receive energy credits other than those sent by Minum, we may terminate your Services without notice. 

4.2. Regulatory compliance and utility account management 

To meet the legal requirements related to the provision of our Services, you must adhere to one of our energy management vehicles, as authorized by the National Electric Energy Agency – ANEEL, under the terms of Law No. 14,300/22 and related and subsequent regulation.

We and/or your utility may make changes to the utility account associated with your Unit, including change of class, subclass, tariff modality, type, connection or any other measures in an effort to improve our Services and reduce your plan fees. This may include contracting energy in the free market. We will not make any adjustments with a minimum duration of over 12 months without your prior authorization. 

You will have access to your Services agreement and plan documenation through your User Profile. You will also receive a copy of this documentation to the e-mail address registered in your account.

4.3. Approval of your account

When you engage our Services for a new Unit, we undertake an activation process that includes verification of your documents, registration of our Services agreement and transfer of your Unit’s utility account. We may discontinue this process for any reason, including if we are unable to verify your documents, complete your registration or transfer your utility account. The activation process may take up to sixty days and may face delays caused by your utility. We will manage this process and provide any update if necessary.

Upon activation of your plan, you will receive a welcome e-mail with guidance on accessing and managing your account, User Profile, and the Minum Platform. In the event we are unable to activate your plan, we will inform you via e-mail, in which case your Services agreement will be automatically canceled. 

5. Access to your utility account

You authorize the Minum Group to gain access to your utility account, including to request consumption and bill history, retrieve, store and use your energy bill information and to request services related to management of your Unit. Upon engaging our Services, you authorize us to request the transfer of your utility account to us, use your utility account access credentials,  and provide information related to your utility account to various parties as required for us to provide our Services. Your utility may change certain account data upon transfer of your utility account to us. In the event that you cancel your Services, we are authorized to request the return of your utility account to your utility on your behalf. We have no responsibility to verify the accuracy of the information contained in your utility account. 

6. Payment

6.1. Plan payments

Our plan replaces your traditional utility bill. We do this by migrating your Unit’s utility account to one of our managed vehicles. While we become responsible for paying the utility bill associated with your Unit, you are required to pay your monthly plan fee to us. Any delay in payment may incur fines and interest. Our plan does not cover certain charges, installment plans, donations, and other extraneous items charged by the utility. We will pass these costs through to you with your bill. In signing up for our Services, you declare that you have read and understood that you are responsible for making timely payments to us, by the due date specified in your Service agreements or as otherwise amended. We currently accept payments via boleto, PIX, debit and credit cards.

6.1. Automatic payments

You may agree to enroll in our automatic payment program through your User Profile. By opting for automatic payments, you agree to allow us to automatically make this payment via your specified method of payment no later than the due date of the invoice.

6.2. Payments to your utility

We are committed to paying any bill associated with your Unit’s utility account on an appropriate and timely basis during the period of our Services. We cannot guarantee payment by the deadline in the event of problems caused by the utility (e.g. failure to send a bill). In his case, we will not be liable for any fees, penalties or interest on late payment due to any delay in payment not caused exclusively by us. Upon cancelation of your plan or the event of non-payment of your plan fees, we will close any outstanding debits associated with your Unit’s utility account and transfer your account back to you. You remain liable to pay for any outstanding amounts or costs associated with such transfer, along with any other fees and penalties under your Services agreements.

Important: We do not cut your electricity service in any circumstance, which remains exclusively determined by your utility. We may only make payments of amounts charged by the utility after we identify payment of your monthly plan. If any payment remains outstanding, we may delay payment to the utility and/or cancel your plan. We may register your non payment with the consumer protection agencies. We will not be liable for any defaults that are a consequence of non-payment.

7. Rates and promotions

Your Services agreement and plan documentation contain your monthly plan fees and charges. These amounts will be billed on a monthly basis in accordance with your plan terms. They may vary depending on a variety of factors, including but not limited to your utility, your consumption, connection type, payment method, and any promotional campaigns or special offers made by us. These amounts may vary over time.

We may, at our sole discretion, offer and/or discontinue discounts, rebates, promotions or other compensatory measures and benefits to our clients.  Such conditions may only be available exclusively to either existing or new customers. Customers with an existing account are not eligible for discounts, rebates, or promotions of any nature, except if previously and expressly authorized by us, without this constituting an acquired right or bond of any nature.

8. Cancellation

8.1.  Non payment

If your payment is not identified within 2 (two) business days from the due date, we reserve the right to initiate a collections process to contact you via messaging application, SMS, telephone, e-mail and notification in your customer area, in addition to the collection of any interest and fine as stipulated in your Services agreement and plan documentation.

Minum may automatically terminate your Services without prior notice after fifteen (15) calendar days of the suspension of the service for non payment.

8.2. Process

We reserve the right to suspend or cancel your Services and/or access to your User Profile in accordance with the Terms, your Services agreement and plan documentation. We may change from time to time the terms of our Services, in which case we will provide you with an update on these changes, at which point you may decide to cancel your plan. You may cancel your plan at any time with sixty days’ prior notice, as long as you are not subject to a minimum commitment period.

In the event of cancelation of your plan, we will return your utility account to you and exclude you from any Minum-managed vehicle. You understand that the effective cancellation of our Services is conditioned upon the transfer of your utility accoun back to you, which may take up to 60 (sixty) calendar days or as otherwised indicated by your utility. 

In case you are moving or need to transfer your Unit to another person or company, please reach out to us as soon as possible. You must inform us who will be the new account in case they want to continue with our Services, in which case they will need to sign a Services agreement. If you wish to transfer your account to a new Unit or location, please let us know.

9. Data and privacy

The protection of your data is very important to us, and we strictly comply with the provisions of the General Data Protection Law  (“LGPD”). To learn more about how we obtain, store, use, share and protect your information, please check out https://minum.com.br/en/privacy-policy.

We encourage you to read our privacy policy for a better understanding of how we will handle and protect your data and information.

10. Intellectual property

Nothing contained in these Terms, our Services agreements, nor our plan documentation implies the transfer, in whole or in part, of our intellectual or industrial property rights to you.

Everything produced by Minum and used or made available through the Minum Platform is protected by our intellectual property rights. Therefore, any information provided is for your personal use and improvement of our Services. All rights relating to the Minum Platform, our brand, this website and our Services belong solely and exclusively to us.

We reserve the right to protect ourselves against any action that violates these Terms or applicable legislation , which may entail seeking compensation for damages caused by such violation.

The use of the Minum brand requires our prior and express approval, under penalty of non-compliance with these Terms, without prejudice to the determination of any losses and damages arising from the use of our brand without proper authorization or, when authorized, in disagreement with the the terms of such authorization.

Using our content or the Minum Platform without our prior and express authorization, whether by reproduction, copying or other means, is expressly prohibited. This includes the collection and use of any information to monitor, harm or compete with our Services, by any means.

11. Final provisions

11.1 Communication and disputes

You may contact us at any time through our official service channels as indicated on our website: https://minum.com.br. 

Any disputes related to these Terms or our Privacy Policy shall be resolved in the courts of São Paulo – SP.  

11.2 Service disruption and/or termination

We reserve the right to unilaterally and without notice interrupt, terminate or discontinue access to the Minum Platform for any reason.

11.3 Validity

These Terms may be updated from time to time, in which case the updated Terms will be made available through our website. By continuing to use this website and the Minum Platform, you agree to these Terms. Check back regularly for any updates to our policies or Terms.