• 1.
  1.
  GENERAL
• 2.
  2.
  ACCEPTANCE
• 3.
  3.
  PRICES
• 4.
  4.
  YOUR OBLIGATIONS
• 5.
  5.
  CHARGING STATIONS
• 6.
  6.
  SUPPORT AND NOTIFICATION OBLIGATIONS
• 7.
  7.
  LIABILITY
• 8.
  8.
  FORCE MAJEURE
• 9.
  9.
  TERMINATION
• 10.
  10.
  AMENDMENTS
• 11.
  11.
  ORDERING OF CHARGING KEY
• 12.
  12.
  DATA PROTECTION

These Terms of Use (“Terms of Use”) together with the Ayvens Privacy Notice govern your use of the service operated by Ayvens SA (“Service”). Service may include, but is not limited to, mobile applications and/or websites branded by Ayvens SA and powered by Plugsurfing GmbH through which you can find and get access to charging stations that are available in your territory, that allow you to start the charging process at available charging stations operated by charging point operators and pay applicable fees for charging sessions you have initiated.

The reference to “Ayvens” in these Terms of Use shall be interpreted to mean a reference to Ayvens SA, its affiliates or subsidiaries and its authorized business partners involving in operating parts of the Service. Plugsurfing GmbH acts solely as a technology service provider supporting the operation of the Service.

By registering for the Service and accepting these Terms of Use you enter into an agreement with Ayvens which allows you to use the Service. All transactions that are part of the Service, including but not limited to ordering of charging keys and initiating charging sessions, are governed by such agreement. Registration without explicit acceptance of the Terms of Use is not possible.

All applicable prices are valid exclusive of VAT and are indicated on the Service before the start of the charging process in real time and up to date. Prices may be displayed as fees per kWh of consumed energy, parking fees or blocking fees for the part of or the full time of parking at the charging station, charging session starting fees and fees for time of charging (time-based fees for charging is not available in any country where such pricing is not allowed due to applicable local legislation). You acknowledge that the final and payable price of the charging service is directly dependent on your use, for example on the amount of consumed energy, and is, therefore, not always automatically provided before the start of the charging process.

• 1.
  1.
  You shall use the charging station correctly and in accordance with the provided instructions and ensure that the charging station is suitable for the vehicle to be charged. Further, you shall not use charging stations that show an error message or visible defects or damages.
• 2.
  2.
  Upon registering you shall provide your email address and a chosen password for logging into your Ayvens Power App account. You must take due care to protect your password against misuse by others and promptly notify Ayvens about any detected misuse. You are responsible for keeping the password secure, for not writing the password down so that third parties can understand what it is used for, and for not using the password in any other way that allows others to gain access to the information.
• 3.
  3.
  You are responsible for complying with the specific parking restrictions and regulations at the charging station (such as, for example, the written instructions shown at the charging station or the instructions given by the personnel of the charging station operators).
• 4.
  4.
  You shall ensure that the electric vehicle (Battery electric vehicle and Plug-in Hybrid electric vehicle) that is charged at a charging station and the tools to be provided by you (including, for example, any power converters, adapters or cables), shall be fit for their purpose, compatible for the connection with the charging station and satisfy the applicable legal provisions. Ayvens is not liable towards you in case the defect or damage is caused by a defect in the electric vehicle and/or the used tools, except when such liability arises directly from negligence, gross negligence or willful misconduct of Ayvens or its legal representatives or vicarious agents.

• 1.
  1.
  You can start a charging process at the charging stations that are available through the Service by using a mobile application or a charging key, or by scanning a QR code available at the charging station. The availability of charging stations is subject to change.
• 2.
  2.
  Charging stations that are available through the Service are operated by charging station operators who are responsible for (i) ensuring the operation and maintenance of their charging stations; and (ii) providing accurate information in respect of their charging stations. Ayvens cannot guarantee the functionality or availability of the charging stations or the accuracy of such information. Ayvens will, however, act with due care in compiling and showing the relevant information about the charging stations in the Service.
• 3.
  3.
  The payment function of the application, as well as the charging key, operates only within the Plugsurfing network.

• 1.
  1.
  First-line support for the Service is provided by the relevant Ayvens country organization. Ayvens will assist users with driver support and may escalate issues to Plugsurfing’s support team as second-line support. In cases where Plugsurfing is responsible for first-line support, they will provide direct assistance.
• 2.
  2.
  You are obligated to immediately notify Ayvens if you believe that your account or the charging key has been used by an unauthorized person or in an unauthorized manner.
• 3.
  3.
  In the event of the loss of your charging key or the mobile phone on which the application operated by Ayvens has been installed, you shall immediately notify Ayvens. If you do not give such notification and the charging key or the mobile phone in question remains in illegitimate use, Ayvens reserves the right to claim incurred losses as a damage from you in accordance with statutory law. For the sake of clarity, this clause does not constitute additional claims for damages against you as a customer, but only reserves the right to claim damages under statutory law.
• 4.
  4.
  Ayvens will block the charging key following receipt of notification of its loss or theft and such blocked charging key cannot be reactivated. You will however be able to place an order for a new charging key with Ayvens, according to the then applicable terms and conditions.

Ayvens is liable for deliberate or negligent violations of life, body or health, as well as for other damages, insofar as they result from a violation of essential contractual obligations, or from deliberate or grossly negligent actions by Ayvens, its legal representatives or its vicarious agents. In the case of a slightly negligent violation of an essential contractual obligation, Ayvens is liable for the foreseeable damage, which will typically arise under this type of contract. Essential contractual obligations are obligations, whose fulfilment will enable the due performance under the contract or on whose fulfilment you relied and could reasonably rely. Ayvens shall not be liable for any other damages. The mandatory liability under the applicable legislation regarding product liability remains untouched.

Ayvens is not liable hereunder to you for any delay or non-performance of its obligations in the event such delay or non-performance is due to official action, change in law, war, sabotage, failure or delay in delivery, irregularities in the supply of electricity, telephone connections or other traffic and communications connections and transportation, strike, boycott, pandemic, epidemic or other similar circumstances beyond the control of Ayvens. The aforementioned also applies if Ayvens is the subject of a strike, boycott and/or blockade.

You may terminate your account at any moment if you no longer wish to use the Service. After termination, you will no longer have access to the Service.
After providing you with a warning, Ayvens may terminate your account or restrict access to certain parts of the Service if you have breached these Terms of Use. The termination does not affect existing claims with respect to the charging processes that have previously taken place. For further information regarding the termination, please check our Cancellation Policy.

• 1.
  1.
  If Ayvens intends to amend these Terms of Use unilaterally, Ayvens shall offer the amendments to you in text form no later than six (6) weeks before the proposed effective date of such amendments. You can consent to the offered amendments or reject them by expressing disapproval before the proposed effective date. If you do not express disapproval of the offered amendments before the proposed effective date, your consent to the amendments shall be deemed given and the amendments shall enter into force upon the proposed effective date, provided that:

a. Ayvens has made the offer to you in text form and no later than six (6) weeks before the proposed effective date of the amendment; b. the proposed amendments neither affect the main contractual obligations, including type and scope of the contractually agreed obligations, such as goods to be delivered and services to be provided nor the term of the agreement (including the provisions on termination). For such changes, mutual consent is required; and c. the proposed amendments are necessary to:

i. adapt the Terms of Use for developments which were not foreseeable at the time of the conclusion of the contract, Plugsurfing did not cause and cannot influence, and would disturb the balance of the contractual relationship to an extent that is not insignificant (e.g., in connection with the technical characteristics of the public electricity infrastructure, internet infrastructure or communication infrastructure needed to operate the charging process); or

ii. overcome a gap in the contractual relationship occurring after the conclusion of the contract (e.g., if one or more provisions of these Terms of Use are declared ineffective, invalid or impermissible by a court) that causes not inconsiderable difficulties to the practical supply of the services to you, or renders the provision of services non-compliant with any statutory requirements. ​

• 1.
  1.
  Ayvens shall, together with the offer of the amendment under paragraph (2), explicitly draw your attention to your right to reject the proposed amendment and to the implications of your failure to reject the proposed amendment before the proposed date of effectiveness. If Ayvens fails to do so, the offered amendment will not enter into force, unless you explicitly consent.
• 2.
  2.
  Where allowed under mandatory law, you are entitled to terminate the account under Terms of Use by giving notice of 30 days in the event that you do not wish to accept an amendment that would apply to you. This does not apply if the amendment makes only minor modifications to the Terms of Use. If you provide the notice of your disapproval or you do not declare necessary consent during the aforementioned six (6) week period, then Ayvens may terminate your account under Terms of Use with a 30 days’ notice. The termination by either party does not affect existing claims with respect to the charging processes that have previously taken place.

Ayvens may offer the ordering of charging keys through the Service. The price for the charging key, the payment formalities and estimated delivery times will be shown to you during the ordering process.

• 1.
  1.
  Ayvens collects, processes and uses data pertaining to you for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (2016/679) and applicable national data protection laws, including those of France and other EU member states.
• 2.
  2.
  Personal details, contact details and transactional details may be shared with Plugsurfing and other service providers acting on behalf of Ayvens for service delivery, invoicing, and support purposes.
• 3.
  3.
  More information on Ayvens’ processing of personal data can be found in Ayvens Privacy Notice.
• 4.
  4.
  Ayvens may use non-personal data collected in the provision of the Service in order to (i) improve the Service and its other products and services, and (ii) share statistical information with its cooperation partners.

Ayvens shall be entitled without your consent to assign, transfer, mortgage or charge all or any of its rights, interests or obligations under the Terms of Use.

• 1.
  1.
  These Terms of Use are governed by French law.
• 2.
  2.
  For disputes arising from these Terms, the competent courts of France shall have exclusive jurisdiction, unless you are a consumer, in which case mandatory consumer protection laws apply.