Terms of Use
THE LEGAL RELATIONS BETWEEN YOU AND US ARE GOVERNED BY THIS AGREEMENT (“TERMS OF USE”). PLEASE CAREFULLY READ THESE TERMS OF USE. YOU AGREE TO BE BOUND BY THE (1) TERMS OF USE AND (2) PRIVACY POLICY BY USING OUR SERVICE. PLEASE REFRAIN FROM USING OUR SERVICE IF YOU DO NOT AGREE WITH THESE TERMS. THE HEADINGS IN THESE TERMS ARE INCLUDED SOLELY FOR REFERENCE.
What are you agreeing to?
The Parties to this Agreement
These Terms of Use describe a contractual relationship between you (“you”, “your”, “user”) and Electriqua Sp. z o.o., (including its subsidiaries, affiliates, agents, and assigns) (“we”, “us”, “our”, “Electriqua”), regarding your use of the “Electriqua” application (“APP”) or your use of any service(s) offered through APP, including, but not limited to an access to your APP account information and service offered through it (collectively, “Service(s)”).
Modifications to this Agreement
From time to time, Electriqua may unilaterally decide to modify this Agreement, provided, however, that such modifications will not subject you to any new obligations concerning actions you took before the amendment took effect unless you expressly agree to such modifications (for instance, by confirming a payment transaction). ADDITIONALLY, BY USING SERVICES AFTER CHANGES ARE POSTED, YOU AGREE TO ACCEPT ANY CHANGES TO THESE TERMS OF USE.
Your Eligibility
You must be at least 18 years old to be eligible to utilize Services. You certify and signify that you are competent and authorized to engage in these Terms of Use and adhere to its terms and conditions. You are not permitted to provide others access to your APP account.
How Electriqua will serve you
Services and Fees
To use Services, you are required to download APP either through the App Store (follow link) or Google Play (follow link), and to register an account at APP (“APP account”).
By downloading APP account and opening it, you will have access to the following Services:
- searching for electric vehicle charging stations (“EV charging stations”) by using the map of such available stations;
- checking the status and availability of electric vehicle charging connectors.
Also, after registering APP account:
- You will be able to check the proposed price of charging, and charge electric vehicles at EV charging stations by managing this process within APP, as well as select EV charging stations as your favorites into the relevant section in APP;
- You may contact support.
Payment terms and EV charging process
For charging electric vehicles, you shall pay money to the wallet in your registered APP account (“Account wallet”). Account wallet includes money which you use for charging your vehicle.
After that, coming to the relevant EV charging station, you can connect your electric vehicle to such a station and start the charging session.
There are three different ways to start the charging session:
- by using an APP account;
- scanning the QR code posted at the relevant EV charging station (by using your cell phone camera) after that, you will be transmitted to the web version of APP (https://electriqua.com/);
- scanning your RFID card at EV charging station.
EV charging stations operators may issue RFID cards you can acquire or freely receive, requesting them at charging stations (based on the terms established by such EV charging stations operators).
In case you have started the charging session by scanning the RFID card, you may complete it using an APP account or reconnecting the vehicle from the station. If you used the QR code to start a charging session, you can finish it using an APP account or the web version of APP.
In any event, you are able to complete the session by reconnecting the vehicle from the station.
The price for charging is stipulated in APP and does not differ from the cost established by EV charging stations operators that is relevant without using APP. You agree that the minimum amount that may be charged from your Account wallet for one charging session within Poland is 2 PLN. The user independently controls the state of charge in APP account. The price for charging is automatically charged from your Account wallet when you have finished the charging process using the ways mentioned above. If you do not complete the charging process, your vehicle will be charged until you have the appropriate sum of money in your Account wallet or until your vehicle is fully charged, depending on what happened first. Although the user pays for the charging service to Electriqua, we transfer this payment to the relevant EV charging station, holding back a percentage fee for Services. The task for Electriqua is to establish the work of a convenient APP by using which you may manage vehicle charging. Please visit part “Disclaimer of Electriqua Role” to learn more about our role.
The charging service is based on a full prepayment basis, as for charging, you first need to pay money to Account wallet, and then you may start charging. Without any limitations, you cannot start a charging session if there is less money in your Account wallet than required to pay for purchasing at least one kW for an electric vehicle within your country where you like to use Services. In any case, all payments you make to your Account wallet shall be nonrefundable once paid. You will not be able to withdraw money from your Account wallet or refund money automatically paid from your APP account when you make the charge.
You agree that one charging session is limited to 200 kW. The charging session will be finished if you have charged your vehicle by this amount. To start a new session, you are required to reconnect the vehicle to EV charging station.
Standstill
In case you have finished the charging session but have not reconnected the vehicle from EV charging station, there will be a standstill (“Standstill”). You agree that EV charging stations operators may require you to pay a Standstill fee for Standstill that continues during one week. The information on the terms of Standstill will be available within APP account. You understand and consent that the relevant and accurate term of Standstill will be at the receipt generated in your APP account upon payment for Standstill fee.
You agree that if there is an adverse balance in your Account wallet due to Standstill fee charged, we may levy this missing money during the next charging session. You cannot start the next charging session in case you have an adverse balance in your Account wallet.
APP account registration
APP account registration should be made directly in APP.
You may register your APP account via your Google account or Apple iCloud account.
Collecting Information about You
Our Privacy Policy governs how we collect and handle your personal data concerning your use of the Service.
Use of APP
Agreement to Provide Accurate Information
You promise not to misrepresent your identity or the details of your APP account when you provide information to Electriqua or in connection with Services. You also commit to only supply true, accurate, current, and complete information about yourself. You also promise to maintain the accuracy and currency of the information in your APP account.
Electriqua has the right to request from you personal identity information in an electronic format that is uniquely yours. You must give Electriqua honest, accurate, current, and comprehensive identifying information.
User is accountable for charges
You are liable for any fees or other sums that a payment system, bank, or third party charges if you use Services.
Payment Methods
You can pay the necessary fee for Services using Apple Pay (see www.apple.com), Google Pay (see pay.google.com), and/or any other accepted payment methods within APP.
You acknowledge that the collection of fees and your payment information is to be processed by Stripe, Inc. (see http://www.stripe.com).
APP Content
Electriqua solely provides information through APP for informational purposes. Although Electriqua believes it is trustworthy, it does not guarantee its correctness, completeness, or timeliness. The content of APP, as well as these Terms of Use, is subject to change at any time without prior notice.
There may be occasions when access to Services is interrupted, restricted, slowed, or unavailable due to, among other things:
- software failure, including, among other things, bugs, errors, viruses, configuration issues, incompatibility of systems, utilities, or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within specific documents or other content;
- servers, networks, hardware failure (including your device), communication failure, or other factors;
- limits imposed by the government or regulatory bodies, exchange decisions, court or tribunal decrees, or other interference;
- system capacity overflow;
- damage brought on by extreme weather, quakes, wars, insurrections, riots, civil unrest, acts of God, accidents, fires, explosions, mechanical failures, or natural calamities;
- interruption of power supplies or other utility services, whether partial or complete; strikes or other labor stoppages, whether partial or full; or any other cause related to or unrelated to any of those mentioned above, is beyond Electriqua’s control.
Links to Third-Party Services
Links to non-Electriqua resources, if any, are only offered as a guide to the material on subjects that might be helpful to users of Services; Electriqua has no editorial control over the information found there. Electriqua disclaims all warranties about the information in such resources, including any implied warranties regarding the resources’ accuracy, completeness, or dependability. Electriqua disclaims any warranties that the information in such resources will be free of viruses or other harmful contamination. You may use any outside of Electriqua’s control resources at your own risk if you decide to do so. Electriqua does not warrant the validity of papers found on the Internet. Links to outside resources are provided for convenience only and do not constitute an endorsement by Electriqua of any views expressed or a warranty on the accuracy or reliability of any material contained therein.
Closing your APP Account
Your APP account can be closed at any moment upon request. We will stop all ongoing transactions and payments when an account is closed unless doing so is banned by law. Your information will be held by Electriqua as long as it is permitted by relevant law and our Privacy Policy. The money that was deposited into your Account wallet cannot be refunded as a result of the account being closed.
Feedbacks
You consent to the use of your suggestions, ideas, and feedback by us without any limitations or payment to you. If we accept your input, we will still be free to use requests similar to or connected to yours that we already had, recommendations created by our staff, or suggestions from sources other than you. Disclaimer of Electriqua Role
ELECTRIQUA DOES NOT ACQUIRE ELECTRICITY OWNERSHIP FOR THESE TERMS OF USE PURPOSES AND DOES NOT ENSURE THE PROCESS OF ITS TRANSFER FROM EV CHARGING STATIONS TO ELECTRIC VEHICLES. ELECTRIQUA IS AN AGENT OF CERTAIN BUSINESSES THAT OWN EV CHARGING STATIONS (“EV CHARGING STATIONS OPERATORS”) AND IS NOT DEEMED AS THE LICENSED PURCHASER AND (OR) SUPPLIER OF ELECTRICITY UNDER APPLICABLE LAW. WE ARE NOT PART OF EV CHARGING STATIONS INFRASTRUCTURE AND ARE NOT RESPONSIBLE FOR THE ACTIVITIES OF EV CHARGING STATIONS OPERATORS. APP SHOWS EV CHARGING STATIONS OF BUSINESSES THAT ARE PRINCIPALS TO ELECTRIQUA IN CONTRACTUAL RELATIONS WITH ELECTRIQUA OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, ASSIGNS. ELECTRIQUA ACTS AS AN INTERMEDIARY BETWEEN EV CHARGING STATIONS OPERATORS AND USERS, PROVIDING THE LATTER WITH SERVICES OF CONVENIENT SELECTING, USING EV CHARGING STATIONS WITHIN APP.
ELECTRIQUA TRANSFERS USER’S PAYMENTS FOR CHARGING DIRECTLY TO EV CHARGING STATIONS OPERATORS, HOLDING BACK A PERCENTAGE FEE FOR SERVICES. ELECTRIQUA ESTABLISHES THAT SUCH A PERCENTAGE IS CONFIDENTIAL AND CANNOT BE DISCLOSED.
How you may NOT use Electriqua
You concur by using Services that:
- You won’t use Services in any manner that contravenes any enacted legislation, rules, ordinances, or these Terms of Use, as well as any other agreements or policies you may have with Electriqua;
- You won’t provide inaccurate, deceptive, or misleading information;
- You won’t use another person’s APP account for your use or on someone else’s behalf;
- You will not use any tool, software, routine, file, or other technology that is intended to harm or interfere with Services or to covertly intercept or exfiltrate any system, data, or individual information from Services, including but not limited to any viruses, trojan horses, worms, time bombs, or cancelbots;
- You won’t misuse the app or its systems, including but not limited to using the app without authorization and misusing any information provided there;
- You won’t engage in any behavior that places an excessive or disproportionately high burden on our infrastructure, such as denial of service attacks, “spam,” or other forms of uninvited overload;
- You will not use automated methods (such as bots, spiders, scrapers, or equivalent tools) to gather information from Electriqua from both authorized and unauthorized areas. You also won’t create fictitious user accounts, use anonymous proxy servers, or take other similar actions, nor will you work around any technical safeguards to stop prohibited behavior in APP. You may not collect data from Electriqua-authorized zones by any other means, including manual data collection.
Your membership will be canceled if there is evidence of illegal or unauthorized use of Services, and appropriate legal action, including but not limited to civil, criminal, and injunctive redress, may be taken.
Resolving of disputes
Disputes with Electriqua
If a dispute arises between you and Electriqua, we aim to offer you a speedy, cost-efficient, and impartial resolution. If there is a dispute, we advise you to try to resolve it with Electriqua directly by sending an email to info@electriqua.com
Required Litigation
PLEASE READ CAREFULLY PRIOR TO AGREEING TO THESE TERMS OF USE BY USING SERVICE THROUGH APP AS THIS SECTION AFFECTS YOUR RIGHTS.
Except as expressly stated in these Terms of Use, any dispute or claim that cannot be resolved directly between you and Electriqua regarding your use of Services, other products offered or provided by or through APP, or any other matter arising out of or relating to these Terms of Use or Services shall be resolved by the appropriate court in Poland.
Miscellaneous Provisions
Operations
Services are run and managed by Electriqua from its office in Poland. The information offered on Services is not intended for distribution to or use by any person or entity in any country or jurisdiction where such distribution or use would be prohibited by law or regulation. As a result, anybody using Services from another area does so at their own free will and is solely responsible for adhering to local laws, if and to the extent they apply. Until either party terminates them, these Terms of Use shall continue to apply.
By removing all Service-related items obtained through the Service, Electriqua, or other source, you may end these Terms. If, in our sole judgment, you violate any term or provision of these Terms of Use, the privileges granted to you herein shall immediately and automatically end without notice from Electriqua. The parties’ past interactions or customary business practices will not modify these Terms of Use. Electriqua may assign these Terms of Use and its rights and responsibilities hereunder to any party without notice to you. Still, you may only do so with Electriqua’s prior written consent.
No waiver of a breach or default under these Terms of Use by either party shall be deemed a waiver of any breach or default that occurred earlier or later. You agree to give Electriqua any paperwork, substantiation or releases it requests to demonstrate your compliance with these Terms of Use. You acknowledge that the fact that Electriqua wrote these terms of use should not be used against Electriqua. As a result, you waive any objections you may have to these Terms of Use’s electronic format and the parties’ failure to execute them by hand.
Enforceability and Governing Law
Any right or requirement of these Terms of Use that Electriqua does not execute or enforce is not waived due to that failure. Any earlier Terms of Use that may have existed between you and Electriqua are replaced, and these Terms of Use represent the entire agreement between you and Electriqua regarding your use of Services. You are not permitted to alter or modify these Terms of Use other than as Electriqua posts such changes in APP.
Suppose any part of these Terms of Use is found to be unenforceable. In that case, the unenforceable part shall be replaced with an enforceable part that most closely matches the original term or provision intent, and the remaining parts shall remain in effect. These Terms of Use shall take precedence if anything in or related to Services is in conflict with or inconsistent with it. The current legislation of Poland governs your use of Services and the terms of these Terms of Use.
Intellectual Property
All of Services’ content, designs, graphics, compilations, magnetic translations, digital conversions, and other elements are the property of Electriqua or one of its affiliates and are protected by applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights). It is strictly forbidden for you to copy, distribute, use, or publish any portion of Services unless this is expressly allowed in these Terms of Use. You do not acquire any intellectual property rights in any content, documents, or other materials you access by using Services. Any rights in such information and materials are not waived by posting such information or materials on Services.
Indemnity
You acknowledge that your use of Services or any breach of these Terms of Use will subject Electriqua and its affiliates to liability, including reasonable legal expenses.
DISCLAIMER OF WARRANTY
NO COMMITMENTS OR WARRANTIES ARE MADE BY ELECTRIQUA OR ITS AFFILIATES CONCERNING (I) THE CONTENT, RELIABILITY OR AVAILABILITY OF SERVICES OR FOR ANY BREACH OF SECURITY RELATED TO THE TRANSMISSION OF INFORMATION THROUGH APP OR (II) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT IN APP. WITHOUT LIMITATION, ELECTRIQUA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY FOR A PARTICULAR PURPOSE, CONCERNING SERVICES. ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR SERVICES, SHALL NOT BE ATTRIBUTED TO ELECTRIQUA OR ITS AFFILIATES.
LIMITATION OF LIABILITY
YOUR USE OF ANY SERVICES AVAILABLE FROM OR THROUGH APP IS AT YOUR SOLE RISK AND IS NOT THE RESPONSIBILITY OF ELECTRIQUA OR ITS AFFILIATES. IN PARTICULAR, BUT WITHOUT LIMITATION, ELECTRIQUA AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF TERMS OF USE, BREACH OF WARRANTY, TORT, SERVICE LIABILITY, WITHOUT THESE RESTRICTIONS, NONE OF SERVICES WOULD BE PROVIDED.
NO RECOMMENDATION OR INFORMATION YOU GET FROM US THROUGH APP OR SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE THAT IS NOT EXPRESSLY STATED IN THIS TERMS OF USE. NEITHER ELECTRIQUA NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY FAILURE OR DELAY CAUSED BY ANY CIRCUMSTANCE BEYOND SUCH PARTY’S REASONABLE CONTROL.
ELECTRIQUA DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OR INACTIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTIONS OR INACTIONS TAKE PLACE WHILE USING SERVICE OR IN OTHER CONTEXTS.
APP MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES, AND WE MAKE NO REPRESENTATION THAT THE FUNCTIONALITY OF APP WILL BE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION.
YOU ARE RESPONSIBLE FOR THE SAFETY OF YOUR RFID CARDS IF YOU HAVE RECEIVED SUCH ONES FROM EV CHARGING STATIONS OPERATORS. USERS ACKNOWLEDGE AND UNDERSTAND THAT ELECTRIQUA AND EV CHARGING STATIONS OPERATORS CANNOT BE RESPONSIBLE FOR THE UNAUTHORIZED USE OF STOLEN RFID CARDS TO MAKE CHARGING AND USE SERVICES.
WE AND OUR AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE, WITHOUT LIMITATION, FOR THE WORKS AND SERVICES OF EV CHARGING STATIONS OPERATORS, AS WELL AS FOR INFRINGEMENTS HAPPENING BY EV CHARGING STATIONS OPERATORS. AS ELECTRIQUA IS NOT LIABLE FOR THE QUALITY OF SERVICES AND ANY INFORMATION PROVIDED BY EV CHARGING STATIONS OPERATORS, IT CANNOT BE RESPONSIBLE FOR ANY KINDS OF WARRANTIES, REPRESENTATIONS AND CONDITIONS WHATSOEVER CONCERNING ANY SERVICES OF CHARGING PROVIDED BY EV CHARGING STATIONS. ELECTRIQUA CANNOT WARRANT THAT THE CHARGING SERVICES AND WORKS PROVIDED BY EV CHARGING STATIONS OPERATORS WILL BE ERROR-FREE, AND OPERATE WITHOUT INTERRUPTION.
No Third-Party Beneficiaries
The parties to these Terms of Use are Electriqua and you. No user has the authority to compel Electriqua to uphold any legal claims it might have against you or another user.
How to Contact Us
If you have a question related to these Terms of Use or any issues arises our during the use of Services, you can contact us at info@electriqua.com.
To contact Electriqua directly, you may use the following details:
Our address: 02-972 Warsaw, Poland, A. Branickiego str. 21/U3;
Our email: info@electriqua.com