1. Definitions:

Company – E-Space Ltd, Tbilisi, Georgia, Tax ID: 405147087

Application – mobile application, which is the property of the Company, enabling the users to utilize the chargers within the Company’s network.

User – an individual or legal entity (its representative), who downloads the Application to their mobile device (or the mobile device provided to the User by the legal entity respectively) and registers in the Application, thus digitally expressing the will to utilize the Application and accepting the terms and conditions of this Agreement.

Electric Vehicle (EV) Charger – an electric vehicle charger owned or operated by the Company or a third party, shown on the Application charger map.

Service – various types of information and/or services obtained by the user using the application.

Non-Public Electric Vehicle (EV) Charger – blocked electric chargers defined on the Application charger map, which are used by specific individuals.

Non-Public Electric Vehicle (EV) Charger – electric chargers defined on the Application charger map, which can be used by any person, except for an independent technical defect.

2. Subject Matter of the Agreement:

The Company allows the User to utilize its services, such as finding a charger location on the Application map, check the status of the charger and use such charger to charge an electric vehicle, in exchange for the fee determined by the Company for utilization/services of the Charger. From time to time the Company may propose other services to User through Application, or by sending an SMS (short-text message).

3. Rights and Obligations of the User:

The User has the right to utilize the services provided through the Application; contact the Company in case of any malfunction/disruptions in the Application services; suggest any improvements to the services provided by the Company; uninstall the Application upon own decision; uninstall the Application if the User does not accept any changes made by the Company to the Application (otherwise it will be deemed as acceptance of such changes by the User).

The User must register in the Application only under own name; the User must not share own personal information (such as name, username) with the third party; the User must not entitle the third party to the rights and obligations as of this Application; the User must uninstall the Application when sharing/lending their mobile device with the third party; the User must contact the Company in case of any reasonable doubt about misuse of the Application by the third party; by no means must the User attempt to interfere or try to access or copy or try to change the code and/or other components of the Application; the User must not use the Company’s logo, merchandise mark, trademark to own personal or third party’s benefit.

When using an electric vehicle charger, the must utilize only certified and high-quality appliances/wire (if necessary). It is forbidden to use the adapter connecting the charger cable.

Based on the use of an electric charger after full charging of the electric vehicle or in case of suspension of the charging process by the User, the User is obliged to ensure disconnection of the electric vehicle from the charger within the time specified by the Company, or otherwise the Company is entitled to impose a fine on the User by paying an additional fee, about which the relevant notification will appear in the Application.

4. Rights and Obligations of the Company:

The Company has the right to make amendments/changes to the Agreement at its own discretion at any time. The User shall be notified of such amendments/changes digitally, via the Application or by other means. The Company has the right to change service tariffs at its own discretion, which will be immediately reflected in the Application. The Company has the right to cancel/suspend the User’s registration/access to the services if the User fails to fully pay for the services thereof, or if there is a reasonable risk of such misconduct, or if it is legally binding by the Legislation. The Company has the right to add services to the Application and send the User notifications of informative or advertisement nature.

The Company is entitled to independently determine the terms and conditions of use of non-public electric vehicle chargers and a circle of persons.

The Company must keep the User’s personal information confidential. The Company will try at all times to provide proper functioning of the Charger network and the payment system thereof.

In case of damage caused by the User in violation of these rules and/or negligence, or an intentional damage, the Company has the full right to charge the User the cost of the damaged item.

When using the electric charger by the user in violation of these rules or carelessly, the Company is entitled to restrict the user from using the Application.

5. Limitation of Obligations and Liabilities:

The Company’s liabilities are limited to the amount of income received from the Users in exchange for the services provided through the Application. The Company is not responsible for any loss or damage caused by any conditions independent of the Company, such as power outage, banking services disruptions, mobile operator services disruptions, climate conditions and/or force majeure.

The User is only liable by the amount paid for the services received. All other actions which exceed the services provided by the Company, which are carried out by the User and which cause any damage/loss to the Company shall result is the User’s full liability to the Company.

The Company does not bear liability for the actions of third parties, just as the User is not liable for the actions of third parties.

The Company is not held liable for any direct or indirect damage caused by use of non-certified and substandard equipment/wire and/or charger connecting cable when using electric vehicle chargers.

6. General Provisions:

The Company and the User have acknowledged and accept the following:

1. Full services provided by the Application are only available to the registered User; non-registered User can use only a limited number of services provided by the Application;
2. Tariffs for the utilization of the Charger services are at the Company’s discretion (i.e. independently) and are reflected in and accessible through the Application;
3. The User’s acceptance of the Terms and Conditions of this Agreement remains in force until the User cancels the registration in the Application or until the Company cancels the Application, which does not annul the obligation and liabilities that arouse before the cancellation;
4. The Company is entitled to collect and process User-related data/information provided by the User, including personal data, in order to further improve the services and/or information provided to the User;
5. The Company is entitled to make the information provided by the User available to its employee and/or the relevant account manager who needs access to such information when performing and/or fulfilling official duties and/or when fulfilling the relevant contractual or statutory obligations by the Company.
6. The Company is entitled to process the information submitted by the User for direct marketing purposes and to provide the User with advertising or other offers through the Application or other means.
7. At the same time, the User verifies of being informed of the rights granted by the Law of Georgia on Personal Data Protection, in particular, to request the information on data processing, correction, updating, adding, blocking, erasing, terminating, or termination of data processing.
8. The Application is the property of the Company. Any transfer of it to the third party, change, rent or any other use and/or modification of the Application is only at the discretion of the Company.
9. Rates and rate changes are subject of rounding to 5 minute accuracy
10. The rates for the LVL2 chargers are determined automatically by the software and is specified once in 5 minutes
11. Rates for specific chargers are indicated in the App, on the charger’s page