End User Terms

These Terms were last updated on 2023-10-01.

1 GENERAL

1.1

CloudCharge is a cloud-based software platform providing services for the management and administration of charging electrical vehicles at public and private charge points, including facilitation of payment and additional services. The services may include, but are not limited to, web sites and applications, mobile applications, and application interfaces, operated by CloudCharge under its own brand and/or its partners’ brand. CloudCharge is developed, owned and provided by CloudCharge AB, a company registered with organization number 559432- 5507 (“CloudCharge”, “we” or “us”).

1.2

By using CloudCharge you, a natural person and an individual user acting on your own behalf (“you” or the “End User”), are able to manage and charge your electric vehicle at any charge point connected to CloudCharge (the “Charge Point”) owned and hosted by a third party (the “Operator”). Information from the Operator, such as information about price for charging, availability and other equipment related information, will be displayed through the CloudCharge user interface.

1.3

An End User may also be in possession of its own charge point and connect it to CloudCharge (a “Home Charger”). Once connected, the End User may also benefit from additional services related to its Home Charger.

1.4

By approving these terms (these “Terms”), you confirm that you have read, understood and agree to be bound by these Terms. Please note some sections of these Terms, where explicitly stated, are only applicable to additional services.

2 USE OF CLOUDCHARGE AND END USER ACCOUNT

2.1

As an End User, you will receive a non-exclusive, non- transferable and revocable right to use CloudCharge in accordance with these Terms. The right to use CloudCharge enables you to access, charge, manage and/or pay for charging of electrical vehicles at Charge Points and/or a Home Charger.

2.2

In order to use CloudCharge, you have to register and create a personal account (the “End User Account”). You are responsible for i) completing the registration process, ii) providing us with accurate and complete information.

2.3

You agree to keep all login details to your End User Account secure and not to disclose such login details to any third party. We are not responsible for any damage or loss caused by any unauthorised use of your End User Account. You shall notify us immediately of any unauthorised use of your login details or any other known or suspected breach of security and immediate take all other actions needed to prevent misuse. You accept full responsibility for all activities on your End User Account undertaken with your login details.

2.4

You shall not directly or indirectly copy, decompile, disassemble, decrypt, alter, reverse engineer or use any other means to attempt to discover any source code, underlying ideas, techniques of the software providing CloudCharge. You shall not use CloudCharge in any way which could lead to the risk the occurrence of viruses, Trojans or other forms of code or any other technology that may harm CloudCharge, or the interests or property of CloudCharge or other users of CloudCharge.

2.5

If CloudCharge has reasons to suspect that the End User’s use of CloudCharge is causing damage or harm to CloudCharge, the Service or other users, we reserves the right to suspend or limit the End User’s access to CloudCharge. This may include, but not exclusively, suspicion of use of CloudCharge for other than intended purposes of if unauthorized users have been given access to the CloudCharge.

3 PAYMENT FOR CHARGING

3.1

Potential fee for charging at a Charge Point connected to CloudCharge and available payment method is set by the Operator.

3.2

CloudCharge facilitates the payment for charging at a Charge Point through third party payment processors. Payment for charging your electrical vehicle at a Charge Point will be made to the Operator through third party payment processors available in CloudCharge.

3.3

Available payment methods selected by the Operator and fee for charging is communicated in CloudCharge. Charging fee is always presented including VAT.

3.4

The End User must provide the requested information and details needed to fulfil the selected payment method, and shall ensure that your payment information is updated and that funds are available to fulfil the payment for charging.

3.5

To secure that payment can be fulfilled, third party payment processors may need to verify selected payment method by issuing a temporary authorisation hold. The reserved amount will be returned as soon as the actual payment is fulfilled.

3.6

CloudCharge is not responsible for the payment process made through a third-party payment processor in CloudCharge, or any charges requested by such third parties.

4 ADDITIONAL SERVICES

4.1

For End Users using CloudCharge for a Home charger, optional additional services may be available in CloudCharge (“Additional Services”).

4.2

Such Additional Services shall be available for the End User in accordance with the at each time applicable list of such services displayed in CloudCharge and subject to the specific conditions (such as price) stated in CloudCharge at the time of purchase.

5 PAYMENT FOR ADDITIONAL SERVICES

5.1

Fee for Additional Services shall be, unless explicitly stated when signing up for an Additional Service, paid to CloudCharge upfront by the End User in accordance with the chosen billing period. Potential invoice shall be paid within thirty (30) days from the invoice date. Interest on overdue payments shall accrue to the applicable statutory interest rate for late payments (Swe. Räntelagen) annually from the invoice date until the invoice is paid in full. Further in case of late payment, CloudCharge is entitled to payment fee in accordance with applicable legislation.

5.2

All such fees are, unless otherwise stated in CloudCharge prior to signing, presented including VAT.

5.3

CloudCharge may adjust the fees for purchased Additional Services once per year by giving notice to the End User at least three (3) months prior to such adjustment.

6 REPRESENTATION AND WARRANTIES

6.1

CloudCharge is provided on an “as is” and “as available” basis. Except as expressly set out in these Terms, CloudCharge expressly disclaims and excludes all representations, conditions, warranties or guarantees, express or implied, statutory or otherwise, oral or written, with respect to these Terms and CloudCharge.

7 PERSONAL DATA

7.1

DEFA may collect contact details needed for the End User Account, together with charging data such as information about relevant Charge Point and/or Home Charger, amount of kWh’s used when charging and date, time, cost for charging and, if you have a Home Charger, details about cost and payment for Additional Services. DEFA may also collect location-based information for the fulfilment of all functionalities in CloudCharge.

7.2

DEFA is the data controller for any processing of personal data necessary to provide CloudCharge and any Additional Services to you, including processing of the abovementioned data and for providing support. More information about our processing of personal data as data controller is found in the DEFA Privacy Policy.

8 LIMITATION OF LIABILITY

8.1

Our obligations to the End User under these Terms shall solely comprise of i) using our best endeavors to ensure that CloudCharge is available at all times; and ii) suppling CloudCharge in accordance with applicable law.

8.2

We accept no liability in regards of the completeness or accuracy of the information provided by the Operator.

8.3

We accept no liability for faults or deficiencies related to a Charge Point or a Home Charger.

9 DEFECTS AND DEFICIENCIES

9.1

You shall immediately notify us if becoming aware or noticing any defects or deficiencies in CloudCharge.

9.2

We shall, as soon as reasonably possible after been notified of a deficiency in CloudCharge, take reasonable action to rectify the deficiency.

10 INTELLECTUAL PROPERTY RIGHTS

10.1

Any information, software, data or other materials developed or provided by us and used by us to provide CloudCharge, including all intellectual property rights (such as but not limited to copyright, trademarks, trade names or trade dress) therein, shall remain our sole property.

10.2

Unless explicitly allowed to do so by prior written permission from us, you agree not to sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, disassemble, decompile or create derivative works of CloudCharge.

11 TERM AND TERMINATION

11.1

After your acceptance, these Terms take immediate effect and remains in effect until your End User Account is terminated by either you or us.

11.2

You may terminate your End User Account at any time. If you have a Home Charger and have signed up for Additional Services, you shall give CloudCharge specific notification in case of termination of Additional Services, for example due to ceased access to the Home Charger, while keeping your End User Account. Any undue payments at the time of termination must be paid by the End User in accordance with the payment conditions stated in these Terms.

11.3

In case of termination by an End User, the End User is not entitled to refund of amounts already paid to CloudCharge.

12 TEMPORARY SUSPENSION

12.1

We may, at our option, temporarily suspend, partially or completely, the End User from using CloudCharge if the End User: (i) has provided us with defective or inaccurate user information which affects the usage of the End User Account, (ii) uses CloudCharge with equipment not compatible with these Terms, (iii) if we have due grounds to suspect that the End User is misusing CloudCharge, contravening these Terms or acting in breach of applicable law or has violated third-party rights or (iv) has any due payments according to these Terms.

12.2

For example, if an End User has not fulfilled its payment obligation regarding a charging session, CloudCharge may partially limit the End User’s access to CloudCharge by temporarily suspending the End User’s access to charging through CloudCharge. Once any undue payment has been fulfilled, access to CloudCharge will be regranted.

13 MODIFICATIONS

13.1

CloudCharge is provided “as is” and we reserve the right to amend, modify or alter CloudCharge at any time and without notice, such as by adding or removing features or discontinuing the provision of CloudCharge or parts thereof.

14 CHANGES TO THESE TERMS

14.1

CloudCharge reserves the right to, in its sole discretion, modify, update, or otherwise revise these Terms at any time. We will inform you of any changes to these Terms by e-mail with one [1] month’s prior notice. By continuing to use CloudCharge after such notification, you have accepted the revised Terms. If any modification, update, or other change to these Terms is not acceptable to you, you have the right to immediately terminate your End User Account.

15 CONTACT DETAILS AND COMMUNICATION

15.1

If you wish to contact us concerning CloudCharge, contact shall be made via CloudCharge Customer Service Center available at cloudcharge.tech/support.

15.2

Any issue, concern or deficiency regarding the Charge Point or information provided by the Operator shall be directed to the Operator.

15.3

Any issue, concern or deficiency regarding Home Charger or information provided by the Home Charger supplier shall be directed to the Home Charger supplier.

16 GOVERNING LAW

16.1

These Terms shall be governed by and construed in accordance with the substantive laws of Sweden.