User agreement

EpSpot AB’s (“EpSpot”) general terms and conditions for the purchase of electricity.

Valid from 2018-04-19

Your contract with EpSpot

1.1 EpSpot AB offers natural and legal persons to purchase electricity from electricity outlets connected to EpSpot’s service.

1.2 “EpSpot” means EpSpot AB, Aluddsparken 7D, 11265 Stockholm, Sweden, with organization number 556965-5391.

1.3 “EpSpot Service” means the services available through epspot.com and associated domains, and associated applications.

1.4 “EpSpot Outlets” means electricity outlets provided by partners to EpSpot in accordance with applicable standards and regulations, marked with a unique EpSpot identification number, and connected to and verified by the “EpSpot Service”.

1.5 “EpSpot partner” means the partners of EpSpot who have installed EpSpot outlets on property for the purpose of making electrical power available via EpSpot’s service.

1.6 Your user agreement with EpSpot consists of this Agreement.

1.7 Additional agreements: In some cases, you need to enter into additional agreements directly with EpSpot partners in order to purchase Electricity at their facility via EpSpot’s service.

Conclusion of contracts

2.1 To download the EpSpot Software or use the EpSpot Service, you must first accept this Agreement. This Agreement is accepted (a) when you click to accept the Terms, (b) when you download software from the EpSpot Service or use the EpSpot Service. You are advised to keep a personal copy of this Agreement, but you may also download them at any time from your account page at epspot.com. This Agreement is effective from the date of acceptance until terminated by You or by EpSpot.

2.2. You cannot accept the contract if you are not of sufficient age to enter into a contract.

Amendment of contracts

3.1 EpSpot updates the Agreement from time to time. Updates are always published on the website epspot.com and become effective upon publication. Therefore, please check the Agreement at regular intervals. You always have the right to terminate the agreements in accordance with the section on termination of agreements.

License

4.1 Applicable under this Agreement, you have the right to use EpSpot’s service and EpSpot’s software.

4.2 Restrictions

You may not and agree not to

(a) further license, sell, permit the use, lease, export or import, distribute or transfer rights to third parties

(b) make, cause, permit alterations and copies, or improvements, translations, reverse-engineering, decompilation, disassembly, decryption, emulation, hacking, attempts to discover source code, protocols that constitute the whole or any part of the EpSpot Service or related equipment.

(d) use the software or service (or part of the service or part of the software) in commercial services to third parties.

Use of the EpSpot service

5.1 You agree to follow the instructions and rules specific to each EpSpot withdrawal as set out on the respective withdrawal information page.

5.2 You are responsible for ensuring that any equipment you connect complies with applicable rules and laws, and that the equipment does not harm the EpSpot outlet, the environment in which it is installed or the EpSpot service.

5.3 You undertake to notify EpSpot as soon as possible if you have any complaints about an EpSpot outlet, the environment in which the outlet is located or about the outlet or its operation, the quality of the electricity supplied by the outlet, or about EpSpot’s service.

Debits

6.1 It is clear from the buying dialogue who is the seller of the electricity session.

6.2 In the event that the seller is other than EpSpot, charges are made in accordance with a separate agreement between You and the seller and according to the price information in the purchase dialog.

6.3 In the event that EpSpot is the seller, the debiting of consumption from your EpSpot user account takes place via EpSpot Credits according to price information in the purchase dialog.

6.4 The validity of EpSpot Credits is 365 days from the date of deposit into your EpSpot user account.

6.5 Debiting of your user account containing EpSpot credits for ordering Electricity starts at the purchase of an Electricity session and ends at the end of the session, or when the validity of the EpSpot Credits expires.

6.6 Debits of EpSpot Credits will be rounded to the next higher payable currency unit applicable in the country.

6.7 Tax: All charges include applicable taxes, such as VAT and energy tax, unless otherwise stated.

6.8 If you believe that EpSpot has wrongly charged you, you must notify EpSpot within 90 days of such event. No re-crediting can take place after 90 days.

Payment

7.1 In the event that someone other than EpSpot is the seller, you will pay for your charges according to the terms of a separate agreement between you and the seller.

7.2 In case EpSpot is the seller, you pay with EpSpot credits debited from your User Account.

7.3 You may purchase EpSpot Credits through payment methods made available through the EpSpot Service. EpSpot Credits that you purchase will be credited to your User Account at the time of purchase, or in the case of voucher redemption, at the time of redemption.

7.4 The validity of EpSpot Credits starts immediately, which means that you cannot cancel your purchase. The purchase is therefore not subject to the Distance Selling Act.

7.5 Minimum payment when purchasing EpSpot Credits. The minimum payment allowed is announced in the top-up dialog.

User data and personal data

8.1 You agree that EpSpot saves user history for each user and that this data will be stored and processed by EpSpot AB, its group companies or EpSpot’s partners in accordance with the Data Protection Regulation (EU) 2016/679 and to the extent necessary for the performance of the service. Collected data will also be processed in connection with business and product development, statistics, market and customer analysis and direct marketing (provided that the customer has not notified EpSpot that he or she opposes direct marketing).

8.2 You can receive free of charge once a year information on how personal data relating to the customer is processed. The customer may also request that personal data that has not been processed in accordance with the General Data Protection Regulation (EU) 2016/679 be rectified, blocked or erased.

Termination of contract

9.1 You may terminate your agreement with EpSpot at any time by requesting it, by ceasing to use the EpSpot Service and suspending recurring payments. EpSpot reserves the right to block your user account with immediate effect, prevent your use of EpSpot’s service in case of

(a) breach of the terms of the contract

(b) abuse,

(d) if there is a risk of unsafe use the account,

(e) in case of suspicion of unauthorized use

(f) or risk that you will not fulfill your obligations towards EpSpot.

(g) If EpSpot decides to terminate all or part of the Service

(h) If EpSpot makes a new interpretation of the law

(i) If the authority so requires

(j) If the EpSpot partner so requests

9.2 Termination of agreement means that EpSpot prevents your use of EpSpot’s service, software and withdrawals. We reserve the right to terminate user accounts that have not been used for one year.

9.3 Consequences of Termination: Upon termination (a) all licenses and rights to use EpSpot’s services and products will terminate, (b) you will immediately cease all use of the software, services, websites and products, and (c) you will immediately remove the software from your hard drive, memory, network and destroy all copies of the software in your possession or control, (d) any deposits of EpSpot Credits in your user account will be forfeited.

Liability for errors etc.

10.1 For the purposes of this Liability section, the term EpSpot includes all group companies, related legal entities, all officers, all employees and all EpSpot licensors.

10.2 EpSpot’s Service is provided “as is” and without warranties. The operation of the EpSpot Service is dependent on a variety of factors beyond the control of EpSpot and its partners, such as power supply, internet connections, equipment, etc. You must take this into account when using the service and you undertake not to hold EpSpot or its partners responsible if interruptions occur. EpSpot is not liable for damages arising in the event of individual EpSpot withdrawals or the EpSpot service being out of order.

10.3 EpSpot’s service provides access to the electricity grid in different locations. The quality of such power may be affected by the design of the electricity network in the location, the location of the location, the property’s electricity network, other equipment on the network, events such as lightning strikes, etc. EpSpot or its partners cannot be held liable for direct or indirect damage caused by variations in the quality of electricity in the electricity network.

10.4 EpSpot or its partners are not responsible for any damage caused by incompatibility between your equipment and the electricity supplied from the respective EpSpot outlets.

10.5 EpSpot is not liable for use of the EpSpot service in violation of applicable agreements and instructions that EpSpot has made available to the customer through agreements, instructions or otherwise.

10.6 EpSpot is not liable for indirect or consequential damages attributable to damage to your or another’s property and arising from your use of EpSpot’s withdrawal or service.

10.7 EpSpot reserves the right to suspend all or part of the Service if necessary, e.g. for maintenance, updates.

10.8 How to contact EpSpot

EpSpot can be contacted via

(a) Email to support(a)epspot.com

(b) Telephone 08-519 708 08