EVBox North America Terms of Use

Last updated: 18.06.2020

THESE TERMS OF USE APPLY TO YOUR USE OF THE EVBOX WEBSITE, MOBILE APPLICATION, PLATFORM AND/OR AD-HOC CHARGING SESSION SERVICE (“Ad-Hoc Charging”)(together “Services”). By using any of these Services, you confirm that you accept and comply with these terms of use (“Terms”). If you do not agree to these Terms, you should not use these Services.

Click on the links below to go directly to more information on each area:

1. Who we are and how to contact us
2. Other applicable terms
3. Our promise
4. Your obligations
5. Free of charge
6. Ad-hoc charging service charges and payment
7. Changes to our services
8. Disclaimer
9. Links
10. Keeping your account details safe
11. Intellectual property
12. Viruses
13. Liability
14. Changes to these terms
15. Termination
16. Governing law and jurisdiction
17. Severability

1. Who we are and how to contact us

The Services are offered to you by EVBox North America Inc. a New York corporation, located at 1930 Innovation Way, Suite 200, Libertyville, IL 60048, USA. To contact us, please e-mail info.us@evbox.com.

2. Other applicable terms

The following terms and conditions may also apply:

• Our Privacy Policy to our processing of your personal data;
• Our Cookie Policy to us placing cookies and using related technology;
• Subscription Terms if you sign-up for a subscription on our platform (which helps you track and manage electric car charging straight from your smartphone or computer).

3. Our promise

We aim to provide you uninterrupted access to our Services at any time. However, we cannot guarantee that they will always be available or uninterrupted. Should you experience a problem with using the Services, you can contact our support team via our website.

4. Your obligations

You will:

1. not interfere with or disrupt the Services, or the data contained therein;
   
2. not use, send or store through the Services any content which is or may be construed as obscene, indecent, pornographic, seditious, offensive, defamatory, libelous, threatening, liable to incite racial hatred or acts of terrorism, menacing blasphemous, harmful to children, violating third party intellectual or industrial property rights or otherwise in breach of any law or not intended for the use of the platform as described in the documentation;
   
3. not attempt to gain unauthorized access to the Services;
   
4. when using Ad-Hoc Charging, observe any and all policies and rules of the owner of the charging station and/or the property where the charging station is located.

5. Free of charge

Accessing our website, downloading our Application, and creating an account in our platform are all free of charge. However, signing up for a subscription on our platform and/or using Ad-Hoc Charging incurs charges. Prior to signing up for the platform or using Ad-Hoc Charging, we will inform you of any applicable charges.

6. Ad-hoc charging service charges and payment

For Ad-Hoc Charging, we display in the application and charge you one or more of the following costs:

• Connection fee. This is a fixed starting fee. Because this fee may be different depending on how you choose to pay, we can only show it to you after you have selected your payment method, but before you start your charging session.
• Costs for the use of kWh. These costs are displayed with the selection of the connector.>
• Costs for the charging time. These costs are displayed with the selection of the connector.
• Payment handling fee. Because the fee may be different depending on the payment method, we can only show you these after you have selected your payment method, but before your start your charging session.
• Any applicable connection costs for the time that your electric vehicle is connected, but not charging. These costs are displayed with the selection of the connector.

The charges include any applicable value-added tax.

For the collection of the charges in connection with Ad-Hoc Charging, we use a contracted payment service provider. This provider manages your payment to us, meaning we do not store or can otherwise access your payment details.

7. Changes to our services

As we are constantly improving our Services, we may add or remove functionalities or make other changes from time-to-time. We aim to give you reasonable notice of any major changes impacting your use of the Services and to minimize any possible disruption of the availability thereof.

8. Disclaimer

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Further, your use of our Services, including Ad-Hoc Charging is at your own risk. The Services are provided on an “as-is” and “as available” basis. We hereby disclaim all warranties relating to the Services, express or implied, including, but not limited to any warranties against infringement of third party rights, merchantability and fitness for a particular purpose.

9. Links

Our Services may contain links to other websites and/or resources provided by others, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

10. Keeping your account details safe

You must keep your account details, including your password, safe and may not grant anybody else access to your account.

11. Intellectual property

We (and our licensors, where applicable) own all right, title and interest, including all intellectual property rights in and to the Services and the Terms do not convey you any rights of ownership in or related to the Services, or any other intellectual property right owned by us (or our licensors, where applicable) except as explicitly provided in these Terms, in which case such right shall in any case be revocable, non-exclusive, non-transferable and non-sublicensable.

You may print off one copy and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website. No other portion of our Services may be reproduced in any form or by any means.

You agree that you will not use the intellectual property rights or any of our proprietary information in any way whatsoever, except for use of the Services in compliance with these Terms. In particular you shall not:

1. modify, rent, loan, sell, distribute, assign or in any other way transfer the Services or content in any manner;
   
2. exploit the Services in any manner not expressly authorized nor use it in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms, or act fraudulently or maliciously;
   
3. copy, reproduce, translate, adapt, modify, alter, tamper with or make derivative works of all or any part of the Services;
   
4. where downloaded software is contained in the Services and unless to the extent it cannot be prohibited under applicable law, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or object code, or underlying ideas or algorithms of the software, or access the software in order to (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the software; or (iii) copy any ideas, features, functions or graphics of the software;
   
5. remove, change, or otherwise use our logos or trademarks, unless agreed otherwise.

12. Viruses

Unless explicitly agreed otherwise with you, we do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology computer programs and/or other operating devices to access and/or use our Services. You should use your own virus protection software.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, the server on which such Services are stored, or any server, computer or database connected to such Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach and amongst other remedies we might invoke, your right to use our Services will cease immediately.

13. Liability

When you are either a consumer or a business user

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

The below stated liability limitations are also for the benefit of our officers, directors, and employees.

If you are a business user

We exclude all implied conditions, warranties, representations, or other terms that may apply to our Services, including their content. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (a) use of, or inability to use, our Services; or (b) use of or reliance on any content displayed on our Services. In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user

Please note that we only provide our Services to you for private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation (at our sole discretion). However, we will not be liable for damage that you could have avoided, for example by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow our instructions.

14. Changes to these terms

We amend these Terms from time-to-time and shall publish such amendments on our website or make them otherwise available to you.

15. Termination

As we are constantly changing and improving our Services, we may suspend or stop one or more Services altogether at our sole discretion. If and insofar this would have an impact on your subscription, this is governed by our Subscription Terms.

16. Governing laws and jurisdiction

If you are a business user:

These Terms are governed and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York City, New York to resolve any dispute or claim arising out of or relating to these Terms.

If you are a consumer user:

These Terms are governed and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You, as well as EVBox, shall have the right to bring any dispute before the competent court according to applicable law.

17. Severability

If any provision of these Terms is or becomes illegal, invalid or unenforceable, in any respect it shall not affect or impair the legality, validity or enforceability of any other provision of the Terms; and if such provision would be legal, valid or enforceable to the extent some part of it were deleted, such provision shall apply with the minimum modifications necessary to make it legal, valid or enforceable.