Terms of Use for the ELLI SMART CHARGING APP

Last updated: June 2024

1. Provider, Scope of Application

1.1 The provider of the mobile ELLI SMART CHARGING APP is Volkswagen Group Charging GmbH, a company incorporated under German law with its registered office at Karl-Liebknecht-Str. 32, 10178 Berlin, Germany, registered under HRB 208967 B (VAT identification number: DE 319539746) in the commercial register of the Charlottenburg District Court, phone number: 00 800 3554 1111, e-mail address: support@elli.eco (“ELLI”).

1.2. These Terms of Use (“Terms of Use”) govern the contractual relationship between ELLI and the user (“USER”) specified in the user account (Section 2). The Terms of Use apply solely to the use of the Elli Smart Charging APP.

1.3 ELLI offers the USER digital products and services via the Elli Smart Charging APP (Section 3).

1.4 Elli reserves the right to amend these Terms of Use in the future. Typical reasons for changes being made to the Terms of Use are: To improve services, to increase the security for the customer or ELLI, other market conditions, or changes to the law. The customer’s interests shall be taken into consideration whenever any changes are made. The following applies to any change to the Terms of Use:

(a) Elli shall inform the customer of the new Terms of Use in writing at least six (6) weeks before the new Terms of Use come into force.

(b) The customer has the right to object to the changes in writing until such time as the Terms of Use come into effect. It is sufficient to send the objection to meet the deadline.

(c) If the customer does not object in due time under the terms of (b), the new Terms of Use shall be deemed accepted and agreed by contract.

(d) If the customer objects in due time under the terms of (b), Elli has a special right of termination for the contract as a whole.

(e) As part of the statement under the terms of (a), Elli will inform the customer of his/her right to object within the meaning of (b) and that silence is deemed to be acceptance.

2. User Account, Terms of Use

2.1 The ELLI SMART CHARGING APP is available for download to the ELLI USER free of charge via an app store of the relevant operator. The contractual partner regarding the use of the ELLI SMART CHARGING app is ELLI, not the operator of the app store.

2.2 Any USER with the legal capacity to conclude contracts can register for the ELLI SMART CHARGING APP.

2.3 When registering as a USER, the USER needs to enter a valid e-mail address and a password in order to log into the ELLI SMART CHARGING APP. The USER receives a link sent by e-mail from ELLI to verify his/her e-mail address. Once the USER clicks the link to confirm his/her e-mail address, the user account will be activated by ELLI.

2.4 The USER is obliged to carefully protect his/her login credentials and keep them confidential. ELLI must be notified immediately if there are any indications that the user account may be being misused by third parties.

2.5 When the USER logs on to the ELLI SMART CHARGING APP for the first time, he/she will be prompted to accept these Terms of Use. The USER can only complete the registration process after accepting these Terms of Use.

3. ELLI Smart Charging APP Services

3.1 The ELLI Smart Charging APP offers the USER various functions and services relating to electric mobility:

Please note that your devices may only support the use of certain functions and services in the ELLI Smart Charging APP to a limited extent or not at all, depending on the technical features of the device, the model year, and the software version. Elli generally has no influence over the technical equipment, software version, and functionality of your devices.

Please also note that your personal details and the information you enter must be accurate in order for certain services, in particular optimized charging, to work properly.

4. Mobile Data Connection, Availability of the ELLI SMART CHARGING APP

4.1 In order for the USER to use the ELLI SMART CHARGING APP on his/her mobile device, he/she requires a fully functional, sufficiently charged mobile device with an existing data or Wi-Fi connection and an up-to-date operating system. For this purpose, the USER needs a SIM card with an activated data option and a valid mobile contract. The data connection shall be governed exclusively by the terms and conditions agreed with the telecommunications provider; this applies in particular to connection and roaming charges. These costs are outside ELLI’s control and shall be borne solely by the USER.

4.2 If the data connection is weak, this will impair the usability of the ELLI SMART CHARGING APP. The functioning of the mobile data connection and its performance (speed) depend on factors that are beyond ELLI’s control. These include in particular:

(a) Sufficiently strong cell phone reception at the USER’s location,

(b) Presence of interference, disturbances, or interruptions of cell phone reception as a result of tunnels, garages, underpasses, or other interference (weather conditions such as thunderstorms, jamming equipment, buildings, bridges or mountains, intensive use of mobile network in the relevant cell, etc.).

4.3 ELLI shall take all reasonable measures to ensure the continuous availability of the ELLI SMART CHARGING APP and to restore availability of the app without delay in the event of a disruption. Cases of force majeure (e.g., armed conflicts, epidemics, pandemics, natural disasters, labor disputes) or necessary maintenance, repairs, or other measures performed on technical equipment of ELLI or a third party that provides data, content, information, or transmission capacities may lead to unavoidable, temporary disruptions, interruptions, or a degradation in performance (speed) of the ELLI SMART CHARGING APP. In addition, intensive use of the ELLI SMART CHARGING APP by many users at one time can lead to a reduction in performance (speed).

5. Rights of Use

5.1 The USER is granted the non-exclusive right to use the ELLI SMART CHARGING APP as well as the content and information obtained from it for the duration of the user agreement in accordance with the terms of the agreement. The USER is not permitted to distribute the content and information obtained via the ELLI SMART CHARGING APP to third parties for commercial purposes. The right of use is geographically restricted to the countries of the European Union, Switzerland, the United Kingdom, and Norway.

5.2 Insofar as the right of use granted under Section 5.1 relates to software, this right of use only covers the use of the object code. Editing the software and any decompilation of the object code into the source code is not allowed except in the cases expressly permitted by overriding law.

6. Responsibilities of the USER

6.1 The USER is obliged to use the ELLI SMART CHARGING APP in a lawful manner only in accordance with these Terms of Use and in compliance with applicable law. In the event of a negligent breach, the USER shall be liable for all damages incurred by ELLI as a result and undertakes to indemnify ELLI against any third-party claims resulting from such breaches.

6.2 The USER can report disruptions to service experienced when using the ELLI SMART CHARGING APP to the point of contact specified under Customer Support (cf. Section 9).

7. Responsibilities of ELLI, Liability

7.1 Unless otherwise specified in Sections 7.2–7.5, ELLI shall be liable in accordance with the statutory provisions.

7.2 ELLI is not responsible for data, content, and information provided by third parties. Said data, content, and information are not verified and/or modified by ELLI.

7.3 ELLI shall not be responsible if the ELLI SMART CHARGING APP does not work or only works to a limited extent because the USER’s mobile device has an inadequate data connection (see Section 4) or if linked devices do not work or are unsuitable (see Section 3).

7.4 ELLI shall not be liable for any damage or loss caused by the USER’s use of the ELLI SMART CHARGING APP that fails to comply with these Terms of Use.

7.5 ELLI shall not be liable for damages caused by the USER choosing an unsuitable password for the user account or failing to keep the password confidential in breach of these Terms of Use or for damage caused by a third party to whom the USER has given access to the ELLI SMART CHARGING APP.

7.6 The liability limitations set forth in Sections 7.2–7.5 do not apply in cases of willful intent, gross negligence, fraud, injury to life, limb, or health; to statutory product liability; to fraudulent concealment of a defect; to assumed guarantees; and/or to the breach of material contractual obligations (so-called cardinal obligations) by ELLI.

7.7 Where the statutory provisions provide for direct liability of the legal representatives, employees, and/or vicarious agents of ELLI vis-à-vis the USER, the limitations of liability pursuant to Sections 7.2–7.5 shall apply. To clarify: This Section 7.7 does not limit ELLI’s liability vis-à-vis the USER.

8. Cyber Security

8.1 ELLI recommends that the USER take all available measures (e.g., a device password, graphic pattern recognition, etc.) to protect his or her end device from misuse or unauthorized access by third parties.

8.2 ELLI is entitled to take appropriate measures to defend against threats from cyber attacks on the right to informational self-determination (privacy), property, assets, and other legally protected rights of the USER, third parties, and ELLI. These may lead to restrictions on the ELLI SMART CHARGING APP’s use. Depending on the severity of the threat and/or the importance of the legally protected rights at risk, it may also be necessary to (temporarily) block the ELLI SMART CHARGING APP in part or in whole. In this case, it may not be possible to use the ELLI SMART CHARGING APP.

9. Customer Support

In the event of technical defects or other problems faced when using the ELLI SMART CHARGING APP, the USER can contact ELLI’s Customer Support by e-mail at support@elli.eco or by phone at 00 800 3554 1111. In the case of calls made to Customer Support, only the connection fees under the basic service plan of the telecommunications service provider will be charged, depending on the country.

10. Changes and Modifications to the ELLI SMART CHARGING APP

10.1 The development of Internet-based services occasionally requires upgrades to services and modifications to them in order to adapt to new technical conditions or changes in user behavior. To this end, ELLI may change the look and feel of the ELLI SMART CHARGING APP.

10.2 In addition to Section 10.1, ELLI may modify the ELLI SMART CHARGING APP in a manner that is reasonable for the USER and to the extent that this is necessary due to significant circumstances beyond ELLI’s control. This applies in particular in the event of changes to relevant laws or case law, in the event of cyber security measures pursuant to Art. Section 8.2, or in the event of changes to or the discontinuation of the technical infrastructure required for the operation of the ELLI SMART CHARGING APP.

10.3 ELLI is entitled to stop providing the ELLI SMART CHARGING APP and/or the associated services for optimized charging at home charging stations (as described in Section 3.1), having regard for Section 11.4.

11. Term of the Agreement, Termination

11.1 The term of the user agreement commences upon the conclusion of the registration process by the USER for the ELLI SMART CHARGING APP in accordance with Section 2 of these Terms of Use.

11.2 If the USER is a consumer, he/she may terminate the contract within fourteen (14) days of accepting these TERMS OF USE and completing the registration process for the ELLI SMART CHARGING APP in accordance with Section 2 of these TERMS OF USE without giving reasons; it is sufficient if the notice of withdrawal is sent before the withdrawal period expires. The USER receives further information on exercising the right of withdrawal, instructions regarding the right of withdrawal, and the standard withdrawal form in the annex to these Terms of Use. The most recent version of these TERMS OF USE, including the annex and further information on exercising the right of withdrawal, instructions regarding the right of withdrawal, and the standard withdrawal form, can be viewed, saved, and printed by following this link.

11.3 The USER may duly terminate the Terms of Use at any time with immediate effect by sending an e-mail to support@elli.eco.

11.4 ELLI may duly terminate the user agreement observing a notice period of six (6) weeks to the end of each calendar month if ELLI stops providing the ELLI SMART CHARGING APP in the USER’s country of residence or place of habitual abode.

11.5 The USER and ELLI also have the right to extraordinary termination of the user agreement for good cause. Good cause for extraordinary termination by ELLI shall be deemed to exist in the event of a material breach of these Terms of Use by the USER. ELLI shall set a reasonable deadline for the USER by e-mail prior to termination and give the USER the opportunity to cease or correct the conduct in breach of duty within the deadline. This does not apply if an immediate termination of the user agreement is required due to the severity or effects of the conduct in breach of duty.

12. Blocking of Service

In the event of significant breaches of these Terms of Use by the USER, ELLI is entitled to block the USER’s access to the ELLI SMART CHARGING APP until the breach has ended.

13. Place of Jurisdiction, Applicable Law

13.1 The sole place of jurisdiction for all claims arising from and in connection with this user agreement covering the ELLI SMART CHARGING APP is Berlin, Germany, if the USER is not using the ELLI SMART CHARGING APP as a consumer.

13.2 If the USER uses the ELLI SMART CHARGING APP as a consumer, ELLI may file suit against the USER exclusively before the court having jurisdiction over the USER’s place of residence or place of permanent abode. The USER may initiate legal action against ELLI before the court having jurisdiction over the headquarters of ELLI in Berlin, Germany, and before any other court with jurisdiction over the case under applicable law.

13.3 Any disputes arising from or in connection with this user agreement for the ELLI SMART CHARGING APP shall be governed solely by the laws of the Federal Republic of Germany; application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the USER is a consumer, the above provisions of this Section 13.3 shall not apply to the extent that overriding consumer protection regulations under the law of a country other than the Federal Republic of Germany in which the consumer is domiciled or has his/her habitual place of residence at the time at which the contract is concluded preclude the application of German law.

14. Settlement of Disputes

14.1 This section only applies to consumers who have their place of residence or place of habitual abode in a member state of the European Union and does not affect the statutory provisions regarding the settlement of consumer disputes that may be in place in countries outside the European Union.

14.2 Consumers can find a list of bodies that can assist in the out-of-court settlement of disputes on the EU Commission’s online dispute resolution platform: https://www.ec.europa.eu/consumers/odr.

14.3 ELLI is neither disposed nor obliged to take part in a dispute resolution proceeding before a consumer arbitration board.

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Information on exercising the right of withdrawal

I. Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires fourteen (14) days after the date on which the contract is concluded.

To exercise your right of withdrawal, contact Volkswagen Group Charging GmbH (address: Karl-Liebknecht-Str. 32, 10178 Berlin, Germany; e-mail: info@elli.eco; or by phone at 00 800 3554 1111) to inform them of your decision to withdraw from this contract by means of an unequivocal statement to that effect (e.g., a letter sent by post, fax, or e-mail). You may use the attached standard withdrawal form, though this is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send notification that you are exercising your right of withdrawal before the withdrawal period has expired.

II. Consequences of withdrawal

If you withdraw from this contract, we will refund all payments we received from you, including delivery costs (with the exception of additional costs arising due to your choice of a delivery method other than the lowest cost standard method of delivery offered by us), without delay and at the latest within fourteen (14) days from the date on which we are informed of your decision to withdraw from this contract. We shall refund the payments using the same payment method that you used to carry out the original transaction, unless expressly agreed otherwise by you; in any event, you will not incur any fees or charges as a result of your payments being refunded.

III. Standard withdrawal form

To: Volkswagen Group Charging GmbH

Address: Karl-Liebknecht-Str. 32, 10178 Berlin, Germany

E-mail address: info@elli.eco

Phone: 00 800 3554 1111

I/We () hereby give notice that I/we () withdraw from the () contract that I/we () concluded.

Ordered on ()/received on ()

Name of consumer (s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is sent in paper form): Signature of the consumer(s)

Date:

(*) Delete as appropriate.