EV365

I. DEFINITIONS

The terms used in these Terms and Conditions shall mean:

Charging – the process consisting in charging the battery of an electric vehicle for a fee, provided by the Charging Service Provider, which starts when the User selects the Charging Connector and connects the electric vehicle to the EV365 Charging Station. Charging ends when charging is interrupted via the EV365 mobile app or the EV365 Charging Station interface;

Charging plug – the device which is part of the EV365 Charging Station and which enables the User to charge his electric vehicle;

Charging Service – the service that enables the use of the EV365 Charging Station to perform the Charging of the electric vehicle. The provision of the Charging Service for a given Charging session is based on the Charging Service Agreement;

Charging Service Access Agreement – agreement concluded for an indefinite period of time between EFFECT PV and the User, which is concluded as a result of correct registration of the User Account via the EV365 mobile app and acceptance of the Terms and Conditions, enabling the User to use the charging service at EV365 Charging Stations and regulating the terms and conditions of provision of the charging service on the basis of the Charging Service Agreements concluded during individual Charging sessions. The Charging Service Access Agreement, to the extent to which it relates to the provision of services by electronic means, has the nature of an agreement for the provision of services by electronic means in accordance with the provisions of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2020, item 344.). In the case of Users who settle for the Charging Service exclusively via the Payment Terminal, who at the same time do not register a User Account, the Charging Service Access Agreement is concluded exclusively for the duration of a single Charging session;

Charging Service Agreement – agreement concluded for the duration of a particular Charging session between EFFECT PV and the User. The conditions for the provision of the Charging Service under the Charging Service Agreement are governed by the Charging Service Access Agreement, the Terms and Conditions and the Price List;

Charging Service Provider – the entity providing the Charging Service, which includes charging, ensuring the possibility of using the infrastructure of the Charging Station for the purposes of Charging, among others for the purposes of User registration, authorization of the Charging session, keeping records of information about the Charging session, making information about the Charging session available to the User, billing and collecting payments, issuing sales documents and handling claims and complaints, and providing information about the price of the Charging Service and the conditions of its provision;

Charging stations – construction equipment including a normal-power charging point or a high-power charging point associated with a construction facility, or a freestanding construction facility with at least one normal-power charging point or high-power charging point installed, equipped with software to provide Charging Services, including a parking space;

Consumer – a User who is a natural person who performs a legal action with the Charging Service Provider which is not directly connected with his/her business or professional activity, as well as a User who is a natural person who concludes a contract with the Charging Service Provider which is directly connected with his/her business activity, if it follows from the content of this contract that it is not of professional character for this person, resulting in particular from the subject of his/her business activity made available on the basis of the regulations on Central Registration and Information on Business Activity;

EFFECT PV – EFFECT PV sp. z o. o. with its registered office in Góra Kalwaria, ul. Wiejska 8K, 05-530 Góra Kalwaria, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Department of the National Court Register under the following KRS number: 0000908198, NIP: 1231496289, REGON: 389302538, share capital 100.000,00 PLN (in words: one hundred thousand PLN 00/100), paid in full;

EV365 Charging Stations – Charging stations owned by EFFECT PV, on which it acts as Operator and Charging Service Provider, as well as Charging stations owned by EFFECT PV customers or partners, on which EFFECT PV acts as Operator and Charging Service Provider on their account, but on its own behalf, under a separate agreement;

EV365 mobile app – EV365 mobile application that enables the EV365 Charging Station to be used for EV Charging, including User registration, authorization of charging sessions, sharing charging session information with the User, billing and collecting payments, and issuing sales documents;

EV365 web platform – web-based platform available at https://ev365.online;

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);

Helpline – the telephone customer service center which accepts complaints, damage and information on the operation of the EV365 charging station at the indicated telephone number;

Operator – operator of the public charging station, i.e. the entity responsible for the construction, management, operational safety, operation, maintenance and repairs of the public charging station;

Payment Terminal – a device used to contact a bank through an authorization center allowing the User to settle the price of the Charging Service provided by using a debit/credit card or other available payment methods;

Price list – the list of charging prices available on the EV365 mobile app for each EV365 Charging Station;

Providing services by electronic means – providing a service rendered without the simultaneous presence of the parties (at a distance), by means of data transmission at the individual request of the recipient of the service, transmitted and received using equipment for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or broadcast via a telecommunications network within the meaning of the Act of 16 July 2004. - Telecommunications Law (i.e. Journal of Laws of 2021, item 576, as amended);

RFID card – the card assigned to the Subscriber that enables him to start and charge the EV365 Charging Station Service;

Subscriber – a User entering into a separate agreement with EFFECT PV whereby the User gains access to all EV365 Charging Stations by assigning an RFID Card to the User in exchange for paying EFFECT PV a monthly or annual subscription fee;

Terms and Conditions – hereby Terms and conditions for charging services EV365;

User – natural person, legal person or unincorporated entity to whom the law grants legal capacity, who registers a User Account using the EV365 Application and to whom access to the User Account is granted, enabling him/ her to use the EV365 Charging Station for Charging. The User is also understood to be a natural person, a legal person or an entity without legal personality and to which the law grants legal capacity, who does not register a User Account and who only uses the Payment Terminal for settling the Charging Service provided;

User Account – an account assigned to the User, allowing the User to check the location of the EV365 Charging Station, its availability and the start of the Charging session, as well as maintaining details of current and past Charging sessions, payment and invoicing information and the ability to change personal information.

II. GENERAL PROVISIONS

1. The Terms and Conditions set out the rules for the provision of Charging Services and the use of the EV365 Charging Station, as well as the rules for the provision of electronic services, including the types and scope of services provided, the settlement of payments for Charging Services provided and the process of registration of the User Account via the EV365 mobile app.
2. The content of the Charging Service Access Agreement concluded with the User is determined by the individual provisions of the Terms and Conditions and the Price List. The Terms and Conditions are stored and made available by EFFECT PV prior to the registration process on the Online Platform and the EV365 Mobile Application. EFFECT PV also makes it possible to obtain, reproduce and record the content of the Terms and Conditions by making them available on a permanent carrier.
3. To the extent to which services are provided by electronic means, hereby Terms and Conditions also constitute rules and regulations for the provision of services by electronic means, referred to in Art. 8 (1) (1) of the Act of 18 July 2002. 1 of the Act of 18 July 2002. - Act of 18 July 2002 on Rendering Electronic Services (Journal of Laws of 2020, item 344).
4. The User is always obliged to comply with the provisions of hereby mentioned Terms and Conditions as well as with the instructions for use of the charging stations posted on the individual EV365 Charging Stations.

II. GENERAL PROVISIONS

1. Charging service is provided to Users by EFFECT PV at EV365 Charging Stations on the following terms:
   1. for Users using the EV365 Mobile Application for payment settlement – after the User has registered with the EV365 mobile app and assigned a payment/credit card to the User Account;
   2. for Users who use only the Payment Terminal for payment settlement – without prior registration in the EV365 mobile app;
   3. for Subscribers – without prior registration in the EV365 mobile app, upon execution of a separate agreement with EFFECT PV and using the RFID Card assigned to the Subscriber.
2. Initiation of a Charging session via the EV365 mobile app takes place by selecting the appropriate Charging Plug - for stations only supported by the EV365 mobile application, or by entering the required parameters via the interface of the Charging station - for stations additionally equipped with a Payment Terminal. Charge session initiation by the Subscriber takes place after entering the required parameters via the interface of the Charging station and placing the RFID card close to the reader of these cards installed in the Charging station.
3. A list of accessible EV365 Charging Station locations is available in the EV365 mobile app.
4. The User undertakes and warrants that it shall only use the Charging stations to charge the Electric Vehicle in accordance with the instructions for use of the EV365 Charging Station posted on such equipment and in compliance with the provisions of these Terms and Conditions and the provisions of generally applicable law.
5. It is forbidden to use the EV365 Charging Station if the vehicle has an inoperative or damaged battery or charging connector, does not have valid third party insurance, transports flammable, corrosive, explosive or other similar materials and substances that can create a danger to people and property, and the vehicle is not allowed on the road or does not have a valid technical inspection.
6. EFFECT PV may refuse to provide the Charging Service to the User if it is justified by safety reasons, in particular the protection of life, health or property, and in other cases arising from universally applicable laws, or in the event of a breach of these Regulations.

IV. ACCESS TO EV365 CHARGING STATIONS

1. The registration of the User via the EV365 mobile app or the commencement of the Charging session without prior registration in the EV365 mobile app in the case of Users who settle for the Charging Service provided by means of a Payment Terminal, is tantamount to the conclusion of a Charging Service Access Agreement between the User and EFFECT PV. The Agreement is concluded at the moment of confirmation by the User of the registration message sent to the e-mail address indicated by the User while filling in the registration form, or in the case of Users who settle the payment for the charging service provided via a Payment Terminal, at the moment of commencement of the charging session.
2. The Charging Service Access Agreement is concluded in order to define the rules for the provision of the Charging Service at EV365 Charging Stations and the rules for the provision of electronic services.
3. The User is obliged to comply with the provisions of the Charging Service Access Agreement, as shaped by the provisions of the Terms and Conditions, the instructions for use of the EV365 Charging Station posted on these devices and on the EV365 Web Platform.
4. The Charging Service Access Agreement does not impose any obligation on the User to use the EV365 Charging Station, nor does it make the provision of the Charging Service subject to any subscription agreement or other agreement that would obligate the User to periodic services or other obligations of this nature.
5. The Charging Service is provided on the basis of the Charging Service Agreement, which is concluded at the moment the User starts using the Charging Service as part of a single Charging session and which ends at the moment of payment made by the User for the Charging Service provided. The conditions of the provision of the Charging Service are regulated in the Charging Service Access Agreement, the Regulations and the Price List.
6. Registration of the User account involves filling in the registration form, accepting the provisions of hereby Terms and Conditions and agreeing to the processing of personal data for the purposes indicated in hereby Terms and Conditions and EV365 Privacy Policy, and after the User confirms the message about registration sent to his/her e-mail address provided while filling in the registration form.
7. The EV365 mobile app allows for the registration of two types of User accounts: a private account and a business account. The User who is also an entrepreneur, declares during registration, by ticking the appropriate box on the registration form, that he concludes the Charging Service Access Agreement in connection with his business or professional activity by filling in the appropriate text fields (company name, registered office address, NIP, etc.).
8. By registering, the User, who is also a Consumer, declares that he requests that the providing of the Charging Services may also commence before the end of the period for withdrawal from the Charging Service Access Agreement.
9. By registering an account via the EV365 mobile app, the User declares that the data provided by the User is correct and true. The User may change the data at any time in the User Account settings.
10. The User is not allowed to send information and content of an unlawful nature, content that is offensive, erroneous or misleading, or content that contains viruses or that may cause disruption or damage to EFFECT PV’s IT systems.
11. If the privacy of the User Account is compromised by a third party, the User shall immediately notify EFFECT PV

V. TECHNICAL CONDITIONS FOR PROVIDING CHARGING SERVICES

1. By accepting these Terms and Conditions, the User declares that he is aware of the possibility of temporary blocking of the User Account or suspension of the charging service at individual EV365 Charging Stations in the event of technical problems, in particular problems with communication between the equipment and the ICT system. The User shall be informed of any modernisation works or failures as far as possible via electronic communication channels (EV365 mobile app, EV365 web platform, social network portals etc.).
2. Use of the EV365 mobile app via a smartphone device is possible if a current version of iOS or Android software is used and the device itself is compatible with the app and correctly configured.

VI. TERMINATION

1. Subject to Clause 5 below, either party to the Charging Service Access Agreement may terminate it with immediate effect, for any reason, by giving notice of termination.
2. The Consumer has the right to withdraw from the Charging Service Access Agreement within 14 days of its conclusion without giving any reason. The Consumer who exercises the right to withdraw from the Access to Charging Service Agreement is obliged to pay for the Charging Services provided until the withdrawal from the Access to Charging Service Agreement. In accordance with Article 38(1)(6) of the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer is not entitled to withdraw from the Charging Service Agreement, in a situation where the subject of supply are things that after delivery, due to their nature, are inseparably combined with other things.
3. The User may submit a statement on termination of the Charging Service Access Agreement or the User who is at the same time the Consumer may submit a statement on withdrawal from the Charging Service Access Agreement by e-mail, on the basis of a sample form sent to the e-mail address info@ev365.pl. The model form of termination constitutes Appendix no. 1 to the Terms and Conditions, and the model form of withdrawal constitutes Appendix no. 2 to the Terms and Conditions. Withdrawal from the Agreement by the User who is a Consumer by electronic means or using a model form of withdrawal from the Agreement is not obligatory.
4. Termination by EFFECT PV of the Charging Service Access Agreement concluded with a User who is a Consumer may only occur for valid reasons, in particular:
   1. violation by the Consumer of its obligations under the Charging Service Access Agreement or violation of the provisions of these Terms and Conditions, provided that the Consumer has not ceased the violation within 30 days from the date it was called upon to cease the violation;
   2. actions to infringe or endanger the operation of the EV365 mobile app, provided that the Consumer has not ceased the infringement or endangerment within 30 days of being asked to cease and remove the effects of such actions;
   3. legal changes or technical obstacles that prevent or significantly hinder EFFECT PV’s performance of its Charging Services business.
5. Effective termination of the Charging Service Access Agreement also means resignation from the Charging Service, which results in deleting the User Account. Until the permanent deletion of the User Account, the provision of the Charging Service, in the case of its use by the User, shall take place according to the current rules, defined in these Terms and Conditions.

VII.PAYMENTS

1. The Charging Service is provided at EV365 Charging Stations for a price. A list of prices for Charging Services at individual EV365 Charging Stations is available on the EV365 mobile app and on the EV365 web platform.
2. Commencement of a Charging session is tantamount to acceptance of the Price List. The fee is charged and the payment for the completed Charging Service will be collected at the end of the Charging session. At that moment the fee due for the provided Charging Service is due, pursuant to the Charging Service Agreement and the Price List.
3. Payments charged using the EV365 mobile app are settled as follows:
   1. fees for the Charging Services provided are charged via the EV365 mobile app, from the payment / credit card indicated by the User during registration and selected by the User prior to the start of the Charging session;
   2. fees for the Charging Services provided are charged by the cashless electronic payment operators cooperating with EFFECT PV;
   3. at the start of the Charging session at the EV365 Charging Station, a sum of 150 PLN (one hundred and fifty zlotych) will be blocked on the debit / credit card;
   4. the fee for the Charging Service provided is charged automatically at the end of the Charging session, and if the amount charged is lower than the blocked amount, the difference will be unblocked immediately, no later than within 7 days;
   5. if the blocked amount is exceeded, the Charging session stops immediately.
4. Payments charged using a Payment Terminal are settled as follows:
   1. fees for the Charging Services provided are charged via the Payment Terminal, by placing the payment / credit card close to the reader of such cards installed in the Payment Terminal (NFC) or by swiping the payment / credit card through the magnetic stripe card reader;
   2. fees for the Charging Services provided are charged by the cashless electronic payment operators cooperating with EFFECT PV;
   3. at the start of the Charging session at the EV365 Charging Station, a sum of 200 PLN (two hundred zlotych) will be blocked on the debit / credit card;
   4. the fee for the Charging Service provided is charged automatically at the end of the Charging session, and if the amount charged is lower than the blocked amount, the difference will be unblocked immediately, no later than within 7 days;
   5. if the blocked amount is exceeded, the Charging session stops immediately.
5. Payments charged using RFID Cards are settled as follows:
   1. fees for the Charging Services provided are charged by the Subscriber’s placing the RFID Card close to the reader of these cards installed in the EV365 Charging Station;
   2. the fee for the Charging Service provided is charged automatically at the end of the Charging session.
6. When a connected payment / credit card expires or is permanently blocked, the User shall be obliged to assign a new payment / credit card in the User Account. If the User fails to do so, he shall be prevented from initiating a Charging session until a new card is assigned.
7. Invoices for the Charging Service provided, in the case of payments charged using the EV365 mobile app, shall be sent electronically to the email address provided by the User during registration and shall be available in the appropriate tab in the User Account. In the case of payments charged using a Payment Terminal, in a situation where the User does not have a User Account, invoices shall be sent electronically to the email address specified by the User after sending an invoice order to the following email address: info@ev365.pl.

VIII. RESPONSIBILITY

1. By accepting the provisions of under these Terms and Conditions, User agrees that EFFECT PV shall not be liable:
   1. for not being able to start an EV Charging session in situations beyond EFFECT PV’s control, in particular in the event of a failure of the EV365 Charging Station, the EV365 mobile app or the need to carry out upgrade work;
   2. for the impossibility of charging the electric vehicle in the event that the EV365 Charging Station is used by another User or in the event that the User violates the provisions of the Terms and Conditions or the instructions for use of the EV365 Charging Station;
   3. for the consequences of incorrect data provided by the User during the registration of the User Account, as well as for any damages related thereto;
   4. for the User’s use of the EV365 mobile app or Payment Terminal in an improper manner and not in accordance with their intended use;
   5. for other technical hindrances beyond EFFECT PV’s control that prevent or hinder the charging of the electric vehicle, in particular for a decrease in charging power due to limitations of the electric equipment or the electric vehicle;
   6. for use of the User Account by third parties.
2. The User hereby agrees that in the event of damage to or destruction of the EV365 Charging Station as a result of improper or incompatible use of the EV365 Charging Station in accordance with the Terms and Conditions and the instructions for use of the EV365 Charging Station, the User shall be obliged to compensate for the resulting damage.
3. By accepting the provisions of hereby Terms and Conditions, the User agrees to block the User’s Account in the situation when the User does not comply with the provisions of the Terms and Conditions or the commonly binding law. Blocking of the User Account may take place especially in the case of unjustified disconnection of electric vehicles of other Users from the EV365 Charging Station. Access to the User Account will be restored as soon as the violations cease and their consequences are removed.

IX. COMPLAINTS

1. Complaints regarding the Charging Services may be filed by the Users via the Helpline or at the following email address: info@ev365.pl. In the complaint, the User is obliged to indicate his/her name, surname, e-mail address and the reason for the complaint. If the User fails to provide this information, the complaint will not be considered.
2. Complaints may be filed electronically, based on the sample form attached hereto as Appendix no. 3.
3. All complaints will be considered immediately upon receipt, but no later than within 30 days of receipt. The User shall be informed about the outcome of the complaint via e-mail at the address indicated in the complaint.
4. The User, who is also a Consumer, has the right to use out-of-court complaint and redress procedures. Information on these possibilities and the rules of access to these procedures are available in the offices and on the websites of district (city) Consumer Ombudsmen, social organisations whose statutory tasks include consumer protection, Province Inspectors of Trade Inspection and at the website of the Office of Competition and Consumer Protection www.uokik.gov.pl.

X. PERSONAL DATA PROCESSING

1. Fulfilling the legal obligation imposed on the controller of personal data by the provisions of Article 13 and Article 14 of the GDPR, EFFECT PV informs that it is the controller of the User’s personal data. To contact the controller of personal data, please use the following email address: info@ev365.pl
2. Personal data is processed for the following purposes:
   1. to conclude and perform the Charging Service Access Agreement and the Charging Service Agreement to which the User is a party, or to take action at the request of the data subject before concluding the agreement - in accordance with Article 6(1)(b) of the GDPR;
   2. handling complaints and requests and answering questions - in accordance with Article 6(1)(b) of the GDPR;
   3. service, investigation and defense in case of the occurrence of mutual claims - in accordance with Article 6 (1) (f) GDPR;
   4. fulfilment of legal obligations incumbent on EFFECT PV related to the payment of taxes, including the maintenance and retention of tax books and documents related to the maintenance of tax books and the retention of accounting evidence resulting from tax legislation and accounting regulations - in accordance with Article 6(1)(c) of the GDPR;
   5. marketing of EFFECT PV’s own products and services - in accordance with Article 6(1)(f) of the GDPR;
   6. in case the User gives consent to be contacted by telephone or by means of electronic communication for the purpose of informing about offers, products of EFFECT PV - in accordance with Article 6(1)(a) GDPR.
3. The User’s personal data shall be processed for the duration of the Charging Service Access Agreement and the Charging Service Agreement, until its termination, and thereafter - for the period resulting from generally applicable laws and internal regulations, but not less than until the expiration of claims resulting from the Agreement between EFFECT PV and the User. If additional consents are given, personal data will be processed until they are withdrawn.
4. The provision of personal data by the User is voluntary, but necessary for the correct registration of the User Account in the EV365 mobile app. If the User has given his/her consent, it may be withdrawn at any time by sending an email to the following email address: info@ev365.pl, or by post to the following address: 8K Wiejska st., 05-530 Góra Kalwaria. Withdrawal of consent does not affect the legality of processing or transmission of commercial information, which was performed on the basis of consent before its withdrawal.
5. Personal data may be disclosed by EFFECT PV to entities cooperating with it (recipients of personal data), in particular to the operator of cashless electronic payments for the purpose of registering the debit / credit card and handling and settling transactions made by the User, to entities providing mail and parcel delivery services, to entities providing accounting and bookkeeping services, invoicing and archiving services, and to entities providing legal and debt collection services.
6. Users have the following rights related to the processing of personal data:
   1. the right of access to the content of their data;
   2. the right to rectification of personal data;
   3. the right to erasure of personal data or restriction of processing;
   4. the right to data portability, i.e. the right to receive personal data from EFFECT PV in a structured, commonly used and machine-readable computer format. The right to data portability only applies to those data processed under a contract with the User;
   5. the right to object - in cases where EFFECT PV processes personal data on the basis of its legitimate interest;
   6. the right to lodge a complaint to the President of the Office for Personal Data Protection.

XI. FINAL PROVISIONS

1. All legal relations between the User and EFFECT PV shall be governed by Polish law.
2. Any disputes that may arise in connection with the performance of the provisions of these Terms and Conditions, the Charging Service Access Agreement and the Charging Service Agreement shall be settled by a court having jurisdiction over the registered office of EFFECT PV.
3. In the event that any provision of these Terms and Conditions is or should become invalid, it shall not affect the validity of the Charging Service Access Agreement, which shall remain otherwise unaffected.
4. Provisions of Clauses 2 and 3 above do not apply to agreements concluded with Users who are also Consumers.
5. The transfer of the rights and obligations under the Charging Service Access Agreement by User requires the prior written consent of EFFECT PV.
6. EFFECT PV reserves the right to amend these Terms and Conditions, the rules of operation of the EV365 mobile app and the EV365 web platform, as well as to limit the availability of the services, or to withdraw the services altogether, as and when reasonably necessary.
7. In matters not covered by these Terms and Conditions shall be governed by the provisions of the Act of 23 April 1964. - Civil Code (Journal of Laws of 2020, item 1740, as amended) and the Act of 18 July 2002 on electronic services (Journal of Laws of 2020, item 344).

Appendix no. 1 - Model declaration of termination of the Charging Service Access Agreement

I hereby declare that I terminate with immediate effect the Charging Service Access Agreement concluded on

Appendix no. 2 - Model declaration of withdrawal from the Charging Service Access Agreement

I hereby declare that, as a consumer, pursuant to Article 27 of the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws of 2020, item 287), I withdraw from the Charging Service Access Agreement concluded on

Appendix no. 3 - Model complaint

I hereby declare that: