Terms of Use – 50five e-mobility app

Welcome to the 50five App! We are happy to have you as a user. Before you start using the 50five App, we want to ensure that you understand these terms of use. These terms contain important information about your rights and responsibilities as a user, as well as our rights and responsibilities as the provider. By using the 50five App, you agree to these terms of use, so please take a moment to read them carefully.

If you have any questions or comments, feel free to contact us.

These Terms of Use for the 50five App (the "Agreement") constitute an agreement between 50five B.V., 50five Belux SA, 50five UK Ltd, NLMAB B.V., and any other affiliated entity of 50five ("50five", "Our", "Us", or "We") and You ("You", "Your") (each, a "Party", and together the "Parties"). The effective date of this Agreement is the date on which you accept these terms in accordance with Article 1 (Your Acceptance) (the "Effective Date"). This Agreement governs your use of the 50five mobile and web application (the "50five App"). If you do not wish to be legally bound by this Agreement, we ask that you do not access or use the 50five App.

1.1 This Agreement. By accessing or using the 50five App, you acknowledge that you have read this Agreement and agree to be legally bound by it. We may also confirm your acceptance of this Agreement by asking you to click an "Accept" or similar button when accessing or downloading the 50five App, including when you register with us as a driver. You must be at least 18 years old to access or use the 50five App. You may not access or use the 50five App unless you are at least 18 years of age. If you are 18 or older but have not reached the age of majority in your jurisdiction, by accessing or using the 50five App, you confirm that your parent or guardian has reviewed and agreed to be bound by this Agreement.

1.2 Our Privacy Policy. We process personal data through the 50five App in accordance with our privacy policy, available here: https://www.50five.com/en-nl/privacy-en-cookiebeleid.

2.1 EV Charging Information. The 50five App may provide you with information to support your EV driving experience ("EV Charging Data"), including: (i) location services to find nearby EV chargers; (ii) your billing information; (iii) your payment details; (iv) your charging history; and (v) the ability to save your favorite charging locations. The EV Charging Data is provided for informational purposes only and should not be relied upon for any other purpose.

2.2.1 50five Network. Unless you are using a free EV charger, you are required to pay all fees applicable to charging your EV at a 50five network location ("Charging Fees"). Charging Fees may vary depending on the location and time and are subject to change based on factors determined by the charging point operator or by 50five.

2.2.2 Your Account. To access certain features of the 50five App, such as initiating EV charging, you must create and maintain an account with us ("Your Account"). You are solely responsible for maintaining the confidentiality and security of Your Account and acknowledge that you are responsible for all activities that occur under it. You agree to notify us immediately of any unauthorized use of Your Account or any other breach of security.

2.2.3 Charging Data. We collect, store, and use data related to your EV charging sessions via the 50five App, including but not limited to information on the charging station location, charging confirmation times, and charging details. By using the 50five App, you consent to this collection, storage, and use of your charging data.

2.2.4 Availability of Charging Services. We do not guarantee that the charging services will be available at all times, or that they will be uninterrupted or error-free. We may suspend, modify, or discontinue the charging services at any time and without notice, for any reason.

2.2.5 Ending Your Charging Session. You are solely responsible for ending your EV charging session once your vehicle is sufficiently charged. We are not liable for any damage resulting from your EV being left connected to a charging station after the session is complete.

2.3 Fees. By using the 50five App, you agree to pay all fees and expenses related to your use of the 50five App, including but not limited to Charging Fees and any other costs as described in this Agreement. Note: fees are always displayed in the app, but some locations may charge for additional services not connected to our app.

3.1 Permitted Use. You may use the 50five App only for lawful purposes and in accordance with this Agreement. You agree not to use the 50five App in a manner that violates any applicable law or regulation or infringes the rights of any third party.

3.2 Prohibited Use. You agree not to use the 50five App in a way that is harmful to us, our partners, our users, or third parties, including but not limited to use that: (i) is fraudulent, deceptive, or misleading; (ii) infringes on our or third-party intellectual property rights; (iii) violates the privacy rights of others; (iv) is offensive, defamatory, obscene, vulgar, or otherwise objectionable; (v) is harmful to minors; (vi) contains viruses, worms, Trojan horses, malware, spyware, or other harmful code; (vii) attempts to gain unauthorized access to our systems or networks; or (viii) disrupts, interrupts, or harms the functioning of the 50five App.

3.3 Availability. We will make reasonable efforts to ensure the availability of the 50five App but do not guarantee that it will always be available without interruptions or errors. We reserve the right to suspend, modify, or discontinue the 50five App at any time and without prior notice.

3.4 Updates. We may, at our sole discretion, make updates, upgrades, or other changes to the 50five App, including changes to features, functionality, or availability.

3.5 Restrictions. You may not use the 50five App in a manner that is harmful to us, our partners, our users, or third parties, or that in any way damages our systems or networks, including but not limited to using automated means to access the 50five App or its data, except where expressly permitted by us.

4.1 Our Rights. The 50five App and all intellectual property rights therein are and shall remain the exclusive property of 50five and its licensors. Except as expressly granted in this Agreement, 50five does not grant you any rights or licenses in relation to the 50five App.

4.2 Your Contributions. By submitting suggestions or other feedback regarding the 50five App ("Your Contributions"), you grant us the right to use, reproduce, adapt, publish, translate, distribute, and display Your Contributions for any purpose and in any media worldwide, without any compensation to you.

5.1 No Warranty. THE 50FIVE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE 50FIVE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT THE INFORMATION PROVIDED THROUGH THE 50FIVE APP WILL BE ACCURATE OR RELIABLE.

5.2 Limitation of Liability. IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE 50FIVE APP.

5.3 Local Laws. Certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. In such jurisdictions, the limitations and exclusions in this section may not apply to you.

6.1 Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to its subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding such subject matter.

6.2 Assignment. You may not transfer, assign, or otherwise transfer your rights or obligations under this Agreement without our prior written consent. We may transfer, assign, or otherwise transfer our rights and obligations under this Agreement without restriction.

6.3 Waiver. No failure or delay on our part in enforcing any right or provision of this Agreement shall be deemed a waiver of our right to enforce such right or provision at any other time.

6.4 Severability. If any provision of this Agreement is found to be invalid, unlawful, or unenforceable by a competent court, that provision shall be interpreted to reflect the original intent of the Parties as closely as possible, and the remaining provisions shall remain in full force and effect.

6.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles.

6.6 Dispute Resolution. Any dispute, claim, or controversy arising out of or relating to this Agreement or its subject matter, including its validity, interpretation, or enforceability, shall be submitted to the competent courts in the Netherlands.