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1. Subject matter, definitions
ChargeX GmbH (hereinafter “ChargeX”), Landsberger Str. 318a, 80687 Munich, offers an intelligent system for charging electric vehicles using the Aqueduct multiple socket (hereinafter “Aqueduct charging system”). The Drop Smart Charging App (hereinafter “Drop App”) is intended to provide users with needs-based and transparent charging management, in which users coordinate their charging requirements with each other. These terms and conditions govern the use of the Drop app by the end user (hereinafter “user”), who is a consumer. This is any natural person who concludes a legal transaction for purposes which, for the most part, cannot be attributed to their commercial or independent professional activity.
2. Service description
With the Drop app, users can use the aqueduct charging system intelligently. This includes the ability to
The operator of the aqueduct charging system (hereinafter “CPO” or “administrator”) determines the extent to which the user can charge an electric vehicle via the aqueduct charging system. The administrator determines whether and to what extent a user can use the Drop app to charge the aqueduct charging systems operated by the administrator. As CPO, he assigns users a weekly charging quota, which the user can access.
3. User account
3.1 Creating a user account
To use the services offered in the Drop app, it is necessary to create a user account. This is done by registering the user with ChargeX. Registration requires you to provide your email address and set a password. The user is free to choose whether he also provides his first and last name as part of the registration process. The user guarantees that the information provided by him is correct, complete and up to date.
If registration was successful, ChargeX creates a user account. The user can then log into the Drop app by entering the stored email address and password. A charging card must also be stored to use ChargeX services. To do this, the charging card ID must be added to the user account. The Aqueduct charging system can then be used via the Drop app in principle without using the charging card.
3.2 Managing the user account
The user can change the stored password at any time. Using the “Forgotten password” function, he has the option to reset the stored password and set a new password. The user can delete a user account that has been created at any time. ChargeX can duly terminate the user contract with a notice period of 14 days. The deletion or blocking of the user account for good cause remains unaffected. If the user account has been deleted, the services can no longer be used via the Drop app. The user is prohibited from sharing his password. If there is reason to believe that third parties may have gained knowledge of the password, the user must immediately change the password and immediately inform ChargeX of this.
4th payment
The use of the Aqueduct charging system via the Drop app is currently free of charge for users. Charging services used are billed exclusively with the charging infrastructure owner.
5th license
By creating the user account, the user receives a personal, non-exclusive, revocable and non-transferable right of use with regard to the Drop App. The right includes the installation, display and use of the Drop App. The user is not entitled to grant sublicenses. The right of use is limited to the territory of the Federal Republic of Germany. The user is not entitled to use the content of the Drop app.
6. Disclaimer
Using the Drop app requires a mobile phone that meets the technical requirements of the Drop app. In this respect, ChargeX is not liable for any compatibility issues.
ChargeX does not bear the costs of data transmission and other costs that arise from using the mobile phone in connection with the use of the Drop app.
Furthermore, ChargeX is not obliged to ensure uninterrupted, error-free use of the Drop app. If maintenance or updates are carried out, ChargeX is not liable for the unusability of the Drop App and the user himself must ensure that (security) updates offered by ChargeX are downloaded.
ChargeX is not responsible for disruptions in data transmission or loss of data that cannot be attributed to ChargeX's control.
In addition, any contractual and non-contractual liability on the part of ChargeX is excluded unless the damage was caused by gross negligence or wilful intent, is based on injury to life, limb or health or is based on the mandatory provisions of applicable data protection laws.
7. Terms of use of the Apple App Store, the Google Play Store
By downloading the Drop app, the user may have to accept further terms of use. These are regularly set by the platform operator, such as the Apple App Store or the Google Play Store.
8. Data protection
With regard to data protection regulations, in particular with regard to the rights of the user, reference is made here to the privacy policy. [insert link here]
9. Final provisions
The contract language is German. Applicable law is the law of the Federal Republic of Germany, excluding the UN Sales Convention.
In the event that individual provisions of these terms of use are ineffective, the remaining provisions remain unaffected. The terms of use can be downloaded and saved.
The Drop app is being developed in a dynamic process. ChargeX can therefore change, improve, develop or supplement its services at any time. ChargeX will announce contract-relevant, significant changes no later than four weeks before they take effect by email to the email address provided by the user. The user can object to the changes in writing or by email with a period of two weeks from receipt of the notification of change. The changes are undisputed as part of these terms of use. The amendment notice shall draw attention accordingly to the consequences of the objection. In the event of a timely objection, ChargeX is entitled to cancel the user agreement subject to the above mentioned period of notice.