&Charge Terms of Use

1.1. You can use the &Charge Platform if You are a natural person who has reached the age of 18. If You use &Charge on behalf of a company or organization, You confirm to Us that You are authorized to act on behalf of that company or organization and You agree to be legally bound by these Terms of Use on their behalf.

1.2. Certain functionalities of &Charge require that You contract with an e-mobility service provider that has integrated the &Charge Platform into its service offering (an up-to-date list of these e-mobility service providers can be found here: https://www.and-charge.com/provider).
Whether the &Charge Platform is or will be integrated into the service offering of Your e mobility service provider is subject to Your e-mobility service provider’s and &Charge’s discretion. There is no right to request using the &Charge Platform with certain e-mobility service providers.

1.3. The use of the &Charge Platform requires that You have fully completed the registration process for the &Charge Platform. In order to register for the &Charge Platform, You need to
a) enter Your e-mail address and define a password or
b) use a profile of a (social) network operated by third parties, such as Facebook, Google or LinkedIn ("Social Login"); if You wish to register with the &Charge Platform by means of Social Login, You will be redirected to the login/registration mask of the (social) network and can log in there with Your user name and password stored with this provider ("Login Details"). You must ensure that the Login Details used for registration are protected against access by third parties and are kept in a safe place. If You have reason to believe that the confidentiality of Your password has been compromised or unauthorized access to Your &Charge account is otherwise possible, You agree to promptly change the Login Details and notify Us.

1.4. We have the right to request password changes from time to time. We may block access to the &Charge Platform pursuant to Section 14 until such password change has been made.

2.1. With the &Charge Platform, We offer You the opportunity to collect bonus points in various ways, which are recorded in the unit "kilometers" and can then be used as part of the charging process for Your electric vehicle, to pay Your e-mobility service provider or for other services We may make available from time to time. The &Charge Platform also has the following basic functions:

1. Overview of your kilometer credit;
2. Transaction history;
3. General administration of Your &Charge account;
4. Display of Points of Interest (“POI”) near charging stations.;

2.2. Special terms regarding individual offers for collecting or using kilometer credits at online or offline partner shops and other partner companies can be found in the following paragraphs of this Section 2.

2.3. Collecting credit in the context of online purchases from selected online partner shops:
On the &Charge Platform, You will find information about the online partner shops where You can collect kilometer credit when You buy online. The collection of kilometer credit when making purchases at online partner shops is subject to the specific conditions that are stored for the respective online partner shop on the &Charge Platform. To make a purchase from an online partner shop that entitles You to collect kilometer credit, visit the online partner shop using the link provided through the &Charge Platform. You can then shop as usual on the website of the online partner shop. &Charge is not responsible for the pages of the online partner shops and assumes no liability for them or for any purchases You make from an online partner shop. If We are informed via online tracking that You have purchased a certain volume from an online partner shop, We will convert the purchase volume into kilometers according to the specific conditions that are stored on the &Charge Platform for the respective online partner shop and credit the calculated kilometer credit to Your &Charge account. In order to record the purchase volume, it is necessary that You allow cookies to be set in accordance with Our data protection information and Our cookie policy. There is no entitlement to additional booking of kilometer credit in the event of a booking inquiry notification of purchase volumes at online partner shops.

2.4. Collecting kilometer credit as part of offline purchases:
On the &Charge Platform, You will also find information about offers for collecting kilometer credit in connection with purchases from offline partner shops. The collection of kilometer credit is subject to the specific conditions that are stored for the respective offline partner shop on the &Charge Platform and may, for example, require You to charge Your electric vehicle near the offline partner shop and / or take a photo of the receipt from the offline partner shop. In addition, individual offline partner shops offer certain discounts or free offers that can be made available in the form of a voucher via the &Charge Platform; please note the specific conditions stored on the &Charge Platform.

2.5. Failure to collect kilometer credit as part of online or offline purchases:
There are various circumstances in which kilometer credit will not appear in Your &Charge account, including but not limited to:

1. Where a purchase is not associated with Your &Charge account (e.g. You have not logged into Your &Charge account when making the relevant purchase);
2. The transaction is cancelled after it has been entered into (e.g. where a product You have purchased from a partner shop is returned or a right of withdrawal or cancellation is exercised with respect to the transaction);
3. Your &Charge account has been associated with any fraudulent activity or breach of these terms of use.

2.6. Collecting mileage credit by purchasing vouchers:
We also offer You the opportunity to purchase vouchers from selected partner companies on the Website. For every voucher purchased, You will receive kilometer credit according to the specific conditions that are stored on the &Charge Platform. Payment of the voucher amount is made via PayPal or credit card; We provide further information on the &Charge Platform as part of the payment process.

2.7. Collecting kilometer credits as part of so-called "challenges":
In the &Charge App You will find information about the available "Challenges". Challenges can be different tasks (e.g. taking a photo of a charging station). If You fulfill these tasks according to the requirements, You can collect additional kilometer credit. The specific conditions for participation and for fulfilling a "Challenge" can be found in the &Charge App.

2.8. Use of kilometer credits when charging Your electric vehicle:
In order to use Your kilometer credit to charge Your electric vehicle, Your &Charge account must be linked to the account with Your e-mobility service provider. This link is made on the part of Your e-mobility service provider in the manner specified by Your e-mobility service provider. After You have successfully linked Your &Charge account to the account with Your e-mobility service provider, You can use Your kilometer credit to pay for charging processes for Your electric vehicle.

The technical processing of the use of kilometer credit for payment to Your e-mobility service provider is based on the conditions that You have agreed with Your e-mobility service provider. We have no influence on the implementation of the link between Your &Charge account and the account with Your e-mobility service provider, nor on the implementation of the technical processing of payment for charging sessions with kilometer credit. In this respect, We are not liable to You either for the successful connection of an account or for the successful use of kilometer credit for a specific charging session. If Your kilometer credit is successfully used to pay for a charging session, We will inform You of this by message upon request and then show You Your remaining kilometer credit on the &Charge Platform.

2.9. Use of kilometer credits for vouchers or other services:
We also offer You the opportunity to use collected kilometer credit for vouchers from Our partner companies or for other services from Us or Our partner companies in the areas of mobility and sustainability.

The other services can be an offer for CO2 compensation services. On Our Website, We offer You the option of using kilometer credits to offset a specified amount of CO2. The CO2 compensation takes place in such a way that We regularly purchase CO2 certificates from Our partner specified on the Website in an amount that corresponds to the CO2 compensations made by Our users. We will inform You about the projects supported in this context on Our Website.

After You confirm within the framework of the intended process that You are using kilometer credit under the conditions mentioned for a specific voucher or another service, We will deduct the specified kilometer amount from Your kilometer credit and make the voucher available to You on the &Charge Platform or store details about the other service in Your &Charge account.

2.10. Use of Our “Wallbox Sharing” function:
Users who have a private charging station for electric vehicles ('Wallbox') ('Wallbox Provider') may offer other Users the opportunity to charge their electric vehicle ('Charging Service') using Our “Wallbox Sharing' function on the &Charge Platform. Therefore, We offer other Users who want to charge their electric vehicle (“Guest”) a platform for searching and booking Charging Services and enable Wallbox Providers to publish their Charging Services on the &Charge Platform.

If a Guest books Charging Services via the &Charge Platform, We only act as an intermediary between the Wallbox Provider and the Guest. In this role, We forward the details of the Guest's booking to the Wallbox Provider and send the Guest any confirmation of the booking on behalf of the Wallbox Provider. We also offer the Wallbox Provider and the Guest the opportunity to communicate with each other via the &Charge Platform. We do not adopt the Charging Service offers of Wallbox Providers as Our own and are at no time a party to a contract concluded between Wallbox Provider and Guest.If You use the &Charge Platform as a Wallbox Provider, You declare that You are acting exclusively in Your own name and for Your own account.

2.11 Use of the "&Charge THG-Quota" function
If You are the holder of an electric vehicle that is authorised to register, We also offer You the option to assign Your right to claim and market the greenhouse gas reduction quota ("Treibhausgasminderungsquote") pursuant to sections 37a et seq. of the Federal Immission Control Act (BImSchG) and the 38th Directive on the Implementation of the BImSchG ("THG Quota") to Us in return for the payment of kilometer credits ("&Charge THG Quota"). &Charge offers You the kilometer credit shown on the Website or in the &Charge App ("Offer") for the assignment of Your THG-Quota.

In order to use the &Charge THG-Quota Offer, You must be the holder of an electric vehicle that has not yet been registered for the THG-Quota in the applicable calendar year and provide Us with the front and back of Your vehicle registration certificate Part I ("Vehicle Registration Certificate") via the upload function provided by &Charge; electric vehicles are authorised for registration if their Vehicle Registration Certificate shows "electric" (code: 0004) under the type of fuel or energy source (field P.3) ("Authorization Requirements"). The registration of an electric vehicle is valid for the calendar year selected during the order process.
After uploading the Vehicle Registration Certificate and providing any other required data, You declare Your acceptance with the conclusion of a contract regarding the use of the &Charge THG-Quota function and the assignment of Your THG-Quota at the end of the order process by clicking on the button provided for this purpose (referred to as "Submit" or similar). By clicking on this button, You warrant

1. that You are acting as a consumer within the meaning of § 13 German Civil Code;
2. that all information provided is true and not misleading or manipulated;
3. that You are the holder of the electric vehicle or have been designated by the holder as the third party entitled to register, as confirmed by a declaration of the holder in text form; and
4. that You have the unrestricted right to assign the THG-Quota and have not otherwise assigned, claimed or disposed of such right or have knowledge of any such disposition for the calendar year selected in each case.

You further agree that &Charge may claim the THG-Quota in its own name under assigned right and for its own account. You also agree that &Charge may assign the THG-Quota to third parties (such as THG-Quota purchasers and partners of &Charge) as part of the settlement process and may transfer the Vehicle Registration Certificate and any other data provided to these third parties and the Federal Environment Agency (Umweltbundesamt).

The kilometer credit will be paid to You if and as soon as the Federal Environment Agency (Umweltbundesamt) has positively verified the Authorization Requirements and other requirements and a third party has purchased the THG-Quota.

You have a right of withdrawal by using the function & Charge THG-Quota, which will be explicitly pointed out to You during the order process. Please note that We will not commence the provision of services with regard to the &Charge THG-Quota function until after the expiry of the withdrawal period, unless You have expressly waived Your right of withdrawal by clicking on the relevant checkbox as part of the ordering process.

3.1. With regard to the available offers to collect or use kilometer credits, with regard to the online or offline partner shops and other partner companies (collectively referred to in this Section 3, as “partner companies”), as well as with regard to the respectively applicable specific conditions for collecting or the use of kilometer credits; there is no entitlement to a specific offer to collect or use kilometer credit or for a specific partner company (continued or for the first time) to be available.

3.2. The collection and use of kilometer credits are subject to the specific conditions that are stored for the respective offer at the time on the &Charge Platform; there is no claim that the respective specific conditions will continue to be available. An adjustment of the specific conditions does not affect those sales with regard to the collection or use of kilometer credits that have already been made at the time the adjustment takes effect, even if the credit or debit of the kilometer credit is still pending.

3.3. We reserve the right at any time and without notice to You: (i) to add or remove offers, collection of kilometer credits and/or partner companies; and / or (ii) to adjust the specific conditions for collecting or using kilometer credits, in each case as We may decide from time to time.

4.1. Accumulated kilometer credit that has not yet been used expires if You have not accessed the &Charge account for a period of one year. Regardless of the access to the &Charge account, the accumulated kilometer credit expires if it has not been used within five years of purchase.

4.2. We will inform You of an imminent expiry by message with a reasonable period in advance of the time limit and show You in the message how You can prevent the kilometer credit from expiring.

4.3. The kilometer credit is not transferable.

5.1. We offer particularly active Users the opportunity to acquire various rank levels ("Badges"). We will inform You on the &Charge Platform about the criteria for acquiring the rank levels. We are free to determine the criteria for the rank levels and may adjust them at any time with effect for the future.

5.2. We offer Users of certain rank levels, among other things, the possibility to control and evaluate content of other users in order to improve the quality of the data on the &Charge Platform. If You do so, You agree to diligently review the content assigned to You to determine whether it meets the requirements communicated by Us and, in addition, whether it is not offensive, discriminatory, defamatory or misleading, glorifies violence, promotes or supports an unlawful act, or otherwise violates applicable law. If this is not the case, You are obliged to report the relevant content to Us using the function provided for this purpose.

6.1. For Wallbox Providers, the requirements for using the „Wallbox Sharing“ function depend on the specifications and technical possibilities of the respective wallbox manufacturer („Wallbox Manufacturer“). We are entitled at any time to change the usage requirements of Our function „Wallbox Sharing“ for Wallbox Providers to the specifications and technical possibilities of the Wallbox Manufacturer. We will inform the Wallbox Provider about the current usage requirements for specific Wallbox models as part of the setup process for the Charging Service.

6.2. When setting up the Charging Service, the Wallbox Provider defines the description, location and condition of the Wallbox, as well as availability and other conditions for the Charging Service. The Wallbox Provider is obliged to record all information requested by Us completely and correctly and to continuously check whether it is up-to-date. The respective Wallbox Providers are solely responsible for the completeness and correctness of the information that is displayed after the Charging Service has been set up as part of the „Wallbox Sharing“ function. We do not adopt these as Our own.

6.3. The location of the Wallbox must be determined as precisely as possible by specifying the address [country, city, street, house number] and manually marking the map. The location can be illustrated by uploading pictures from the Wallbox.

6.4. When setting up the Charging Service, the Wallbox Provider must also indicate the performance of the Wallbox and the availability of the Wallbox [day and time]. The Wallbox Provider must ensure that the Charging Service can actually be used by the Guest at the stated Wallbox availability. If the Wallbox Provider is unable to provide a Guest with the Charging Service in the specified Wallbox availability, he/she must inform the Guest immediately about the unavailability and, if possible, suggest a new period for using the Charging Service.

6.5. The Wallbox Provider sets the price for the Charging Service on its own responsibility. The price must be given in EUR per kWh.

6.6. All other conditions stipulated by the Wallbox Provider for the Guest regarding the Charging Service, in particular with regard to Cancellations, must not contradict Our terms of use.

6.7. The Wallbox Provider publishes the offer of its Charging Service by clicking on the button provided in the setup process (referred to as „publish“ or similar) and thereby grants the Guest the right to book the Charging Service and the Wallbox under the specified conditions to be used according to booking.

6.8. The Wallbox Provider is responsible for compliance with the applicable laws with regard to the provision of Charging Services.

7.1. On the &Charge Platform, Guests can view Charging Services offered by Wallbox Providers.

7.2. A charging session is booked with the respective Wallbox Provider as part of the corresponding booking process on the &Charge Platform. At the end of the booking process, the Guest declares his offer to conclude a contract with the respective Wallbox Provider for the selected charging session on the basis of the conditions set by the Wallbox Provider by clicking the button provided for this purpose (referred to as „confirm reservation“ or similar) ( „Contract Offer“). By submitting the Contract Offer, the Guest reserves the selected Wallbox for the corresponding period ( „Reservation“).

7.3. It is the responsibility of the Wallbox Provider to inform the Guest immediately if he/she cannot offer the Charging Service in accordance with the Guest's Reservation („Cancellation“). A Cancellation should only be made in justified exceptional cases.

7.4. A contract for the charging session is formed through the express acceptance of the Contract Offer by the Wallbox Provider or when the Charging Service is carried out.

7.5. When using the Charging Service, the Guest must observe the specifications and descriptions of the charging session of the Wallbox Provider. It is the Guests’ responsibility to ensure that their electric vehicle meets the requirements specified by the Wallbox Provider in order to be charged at the Wallbox.

7.6. The Guest ensures that the charging time in the booking process is determined in such a way that he/she can actually use the Charging Service. If the Guest is unable to meet the charging time, he/she must inform the Wallbox Provider immediately and coordinate further steps with the Wallbox Provider.

7.7. To start the charging session, the Guest must be identified on the Wallbox, which - in accordance with the conditions specified by the Wallbox Provider in the booking process - is carried out by the Wallbox Provider himself, by means of an RFID card or in another way. It is the responsibility of the Wallbox Provider to ensure that the Guest is authorized to use the Charging Service.

7.8. When using the Charging Service, the Guest is responsible for handling the property of the Wallbox Provider carefully and respectfully and for complying with all applicable laws and regulations.

7.9. After the charging process has ended, the Wallbox Provider and the Guest undertake to complete the process at the charging location as follows:

1. First, the Wallbox Provider (as the „master of the data“) enters the amount of electricity consumed in kWh on the &Charge Platform, which is made available to the Guest directly on the &Charge Platform together with the calculated price of the Charging Service („Charging Receipt“).
2. The Guest then confirms the information shown in the Charging Receipt („Charging Information“) and recognizes this directly at the charging location.
   This means that the Wallbox Provider and Guest recognize the Charging Information as a measurement result on the spot (direct sale within the meaning of § 6 section 3 of the Measurement and Calibration Ordinance).
3. After completion of the process, the Guest receives a written statement of the charging session, in which the location of the Wallbox, the charging period and the Charging Information are given.

7.10. The Guest and the Wallbox Provider will endeavor to resolve any differences of opinion about the Charging Information by mutual agreement at the charging location.

7.11. By agreeing to these terms of use, the Guest has consented to the conditions of direct sales (Section 7.9), i.e. to the recognition of the measurement result after completion of the charging process on site (location of the charging facility). If the Guest does not accept the measurement result in an unauthorized manner after the measurement process has been completed, he/she is violating these terms and conditions. If the Guest does not accept the measurement result in the case of a clearly incorrect measurement (e.g. indication of a significantly excessive price for the charging process), this does not constitute a violation. Fluctuations in the range of +/- 3% corresponding to those of the MID-certified measuring devices are in compliance with calibration law. These fluctuations are therefore not incorrect measurements. In the case of proven incorrect measurements above or below this range, the charging process will be rejected, and the Guest will not be charged a charging fee.

8.1. We provide &Charge's range of services described in Section 2.1 to 2.9 free of charge.

8.2. The use of the &Charge Platform requires that further contracts exist with third parties (e.g. with Your e-mobility service provider or Your mobile phone provider); You have to bear the resulting costs.

8.3. The use of Our Wallbox Sharing function described in Section 2.10 is subject to costs for the Guest. The Charging Information confirmed by the Guest in accordance with Section 7.9 is decisive for payment for the charging session.

8.4. Payment for the charging session facilitated via the Wallbox Sharing function is primarily made using the Guest's kilometer credit, which is offset against the price of the Charging Service. If the Guest's kilometer credit is not completely sufficient to settle the charging session, the excess amount will be paid using the payment method specified in the payment process. We provide further information as part of the payment process.

8.5. The Wallbox Provider can choose between two options for the crediting of the charging processes:
a) The Wallbox Provider can have the value of the respective charging process credited to its &Charge account as kilometer credit. In this case, there are no transaction fees for the Wallbox Provider.
or
b) The Wallbox Provider can have the value of the respective charging process paid out in EUR at a fixed interval. In this case, a credit can be made by bank transfer to a bank account specified by the Wallbox Provider or to a PayPal account specified by the Wallbox Provider. &Charge charges a transaction fee for each payout process, the specific amount of which will be communicated to the Wallbox Provider in advance when this option is selected.

8.6. For the use of the &Charge THG-Quota function described in Section 2.11, the User shall assign its THG-Quota to &Charge in accordance with Section 2.11.

9.1. We offer You the possibility to use the &Charge Platform if and insofar as the &Charge Platform is available and functional. However, We do not guarantee the continuous availability and functionality of the &Charge Platform.

9.2. We offer the possibility to use the &Charge Platform only with the functionalities and the quality that the &Charge Platform currently provides at the time, but We do not promise any functionality or quality, except that the &Charge Platform generally provides for the range of services described in Section 2.1. Information about the functionality and quality of the &Charge Platform on the Website or in advertising material is not part of the Contract.

9.3. We are entitled to change the &Charge Platform, at any time and without prior notice, including to modify functionalities (“Changes”), provided that &Charge continues to generally provide the range of services described in Section 2.1 and that such Changes are not unreasonable for You. However, We are not obligated to make any Changes. Changes may require You to install an updated version of the &Charge App in order to continue using the &Charge Platform or may mean that a mobile phone You have been using is no longer suitable for using &Charge.

10.1. The ways in which You can use the &Charge App may also be controlled by the Apple AppStore’s and Google Play’s rules and policies and such rules and policies will apply instead of these terms of use where there are differences between the two.

10.2. You promise to Us that:


1. You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country; and
2. You are not listed on any US Government list of prohibited or restricted parties.

10.3. Where You have obtained the &Charge App from Apple’s Appstore:

1. these terms of use are concluded between You and Us and accordingly Apple is not a party to these terms of use;
2. Apple has no obligation to provide any maintenance and support services in respect of the &Charge App;
3. if the &Charge App fails to conform to any warranty herein, You may notify Apple following which Apple will refund You the purchase price paid for the &Charge App (if any). Apple will have no further liability whatsoever in respect of any such failure;
4. Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the &Charge App including but not limited to: (i) product liability claims; (ii) any claim that the &Charge App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the &Charge App’s use of the HealthKit and HomeKit frameworks;
   e) Apple shall not be responsible for any claims made by any third party that the &Charge App infringes any third party intellectual property rights; and
   f) ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc

10.4. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms in this Section 10, and Apple will have the right (and will be deemed to have accepted the right) to enforce these terms in this Section 10 against You as a third party beneficiary.

11.1. If You are a consumer within the meaning of § 13 German Civil Code, We will inform You about Your right of cancellation within the scope of the respective order process (e.g. for the purchase of vouchers in accordance with section 2.6 or the use of kilometer credits for the purchase of vouchers in accordance with section 2.8 or the use of the &Charge THG-Quota function according to Section 2.11) with reference to Our cancellation policy including a sample cancellation form (https://and-charge.com/Widerruf).

11.2. You can use the contact options mentioned in the cancellation policy to exercise Your right of cancellation. However, in order to be able to process the cancellation efficiently, we ask You to explain the cancellation by e-mail to support@and-charge.com stating the amount, the date and the voucher / voucher code.

12.1. You are responsible to ensure that the electronic equipment You use has all the relevant technical specifications that are required for using the &Charge Platform.

12.2. You agree to use the &Charge Platform solely in compliance with all applicable laws. You are prohibited from using the &Charge Platform to support activities that may cause Us to violate applicable law.

12.3. You are responsible for the text and image content provided by You on the &Change Platform ("Content"), such as e.g. images and texts provided in the context of Challenges or any ratings provided by Guests and Wallbox Providers after a charging session. In particular, You must ensure that the Content provided does not violate personal rights, advertising, copyrights, publishing rights or any other rights of any other person; and no license or other fees are incurred through its use. You further undertake not to provide any Content that is offensive, discriminatory, glorifies violence, defamatory or misleading, promotes or supports an illegal act or otherwise violates applicable law. You grant Us the worldwide, unlimited in time, non-exclusive, royalty-free, sublicensable and transferable right to use and exploit this Content as part of the provision of the &Charge Platform as well as beyond that (e.g. within the scope of a service offering for third parties) (including hosting, making available to the public, duplication, distribution, display and reproduction).

12.4. You also agree not to use the &Charge Platform in a way that

1. searches, retrieves, copies or monitors the &Charge Platform and/or its content using a program, algorithm or comparable method for collecting or extracting data (such as using automated tools like bots, spiders or scrapers),
2. damages, disrupts or otherwise impairs the operation of the &Charge Platform as well as the systems, infrastructure and/or applications used to operate it, which includes sending, transmitting or implementing files that contain viruses, worms, Trojan horses or other harmful or destructive features,
3. is designed to investigate, scan or test vulnerabilities of the &Charge Platform or to circumvent or compromise security and/or authentication measures to protect the &Charge Platform and/or its content; or
4. copies, translates, disassembles, decompiles, reverse engineers or otherwise modifies the software of the &Charge Platform in whole or in part, or creates derivative works thereof.

12.5. We only offer support services for the &Charge Platform if these have been explicitly agreed upon in writing. Otherwise, the &Charge Platform is offered by Us without support services.

13.1. The Contract for the use of the &Charge Platform runs for an indefinite period of time.

13.2. You can terminate the Contract at any time without observing a notice period and without giving a reason. This can also be done by deleting Your &Charge-account.

13.3. We can only terminate the Contract for convenience by observing a reasonable notice period.

13.4. We can terminate the Contract according to Section 13.3 especially if:

1. We consider that You have used the &Charge Platform in a fraudulent manner, in breach of these terms of use or for illegal or improper purposes;
2. We consider that You have used the &Charge Platform in an unfair manner, have deliberately cheated or taken unfair advantage of Us or any of Our other users or if Your &Charge account is being used for the benefit of a third party;
3. We are required to do so to comply with applicable law, an order of a court or other regulatory authority.

13.5. Our right to suspend Your access to the &Charge Platform pursuant to Section 14 remains unaffected.

14.1. We may at Our sole discretion suspend Your access to the &Charge Platform if We determine or have reasonable grounds to suspect that Your use of the &Charge Platform:

1. violates these terms of use and/or applicable law,
2. infringes the rights of third parties,
3. poses a security risk to the functionality of the &Charge Platform,
4. could subject &Charge and/or other users to liability; or
5. could be fraudulent

14.2. We also reserve the right to suspend Your access to the &Charge Platform if You have refused to agree to a reasonable amendment of these terms of use pursuant to Section 17.1 by the scheduled date of the amendment coming into effect.

14.3. We will remove a suspension as soon as the reason for the suspension no longer exists. For this purpose, You are welcome to contact Us at support@and-charge.com in order to obtain clarification.

14.4. Further claims against You remain unaffected.

15.1. We are liable – regardless of the legal basis – without limitation

1. in the event of intent or gross negligence,
2. in the event of intentional or negligent injury to life, body or health,
3. in the absence of a guaranteed quality or in the case of fraudulently concealed defects, an
4. on the basis of mandatory liability such as under the German Product Liability Act (or other local laws).

15.2. In the case of damage to property and financial losses caused by slight negligence, Our liability shall be limited to cases that constitute a breach of an essential contractual obligation and shall be limited in amount to the foreseeable damage typical of the Contract, unless unlimited liability exists in accordance with the above Section 15.1. Essential contractual obligations are obligations which the Contract imposes on Us in accordance with its content in order to achieve the purpose of the Contract, the fulfilment of which is essential for the proper execution of the Contract and upon fulfilment of which the User may regularly rely.

15.3. In all other cases, the liability of &Charge is excluded.

15.4. The above limitations of liability also apply regarding Our liability for Our vicarious agents, employees and legal representatives.

15.5. Legal warranty claims are not affected by these limitations of liability.

15.6. We recommend that You back up any Content and data used in connection with the &Charge Platform, to protect Yourself in case of problems with the &Charge Platform.

16.1. The processing of personal data by Us in relation to the &Charge Platform is governed by Our privacy policy available at: https://and-charge.com/privacy.

17.1. Changes to the &Charge Platform pursuant to Section 9.2, as well as changes to statutory requirements may make it necessary for Us to amend these terms of use (“Amendment”). In the event of a planned Amendment to these terms of use, We will inform You about the content of the Amendment at least four (4) weeks before the scheduled date of entry into force. The amended terms of use will only come into effect if You have agreed to the Amendments.

17.2. You are not entitled to transfer this Contract to third parties without Our prior written consent.

17.3. Each of the paragraphs of these terms of use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.4. Even if We delay enforcing these terms of use, We can still enforce them later. If We do not insist immediately that You do anything You are required to do under these terms of use, or if We delay in taking steps against You in respect of Your breaking the Contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

The price set by the Wallbox Provider for the Charging Service pursuant to Section 6.5 must be given in GBP per kWh.

19.1. Deviating from Section 7.9, the Measurement and Calibration Ordinance is not applicable.

20.1. We are responsible to You for foreseeable loss and damage caused by Us.
If We fail to comply with these terms of use, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these terms of use or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if,at the time You accepted these terms of use, both We and You knew it might happen.

20.2. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so.
This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

20.3. When We are liable for damage to Your property.
Subject to the exclusions below, if defective digital content that We have supplied damages a device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.

20.4. . We are not liable for business losses.
The &Charge Platform is for domestic and private use only. If You use the &Charge Platform for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.5. Other loss or damage We are not responsible for.
We do not accept responsibility for loss or damage You suffer which is not caused by Our breach of these terms of use or Our failure to use reasonable care and skill. We do not accept responsibility for loss or damage You suffer caused by events beyond Our reasonable control. An event beyond Our reasonable control includes, but is not limited to, strikes, lock-outs or other industrial action by third parties, civil commotion, riot,invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, pandemic or other natural disaster, a failure of public or private telecommunications networks or a requirement to comply with laws, court order or government sanctions.

20.6. Please back-up Content and data used with &Charge Platform.
We recommend that You back up any Content and data used in connection with the &Charge Platform, to protect Yourself in case of problems with the &Charge Platform.