GENERAL TERMS AND CONDITIONS OF USE OF CHARGE MANAGER
DRIVECO (“DRIVECO”) is a French simplified joint stock company (société par actions simplifiée) with a share capital of 453,433€ , whose registered office is located at 34 avenue des Champs-Élysées, 75008 Paris, France, and registered with the Paris Trade and Companies Register under number 818 943 938.
These general terms and conditions of use (the “Terms of Use”) define the terms and conditions under which the “Charge Manager” platform, DRIVECO’s web-based supervision platform for EV charging stations operated by DRIVECO, may be used.
Any installation of and/or access to Charge Manager by a User implies the full and unconditional acceptance of these Terms by the User.
DEFINITIONS
For the purposes of these Terms of Use, the terms below shall have the following meanings:
“Charge Manager” means the web-based supervision platform published and operated by DRIVECO, which enables a User to view and download various data relating to EV charging stations operated by DRIVECO. DRIVECO may update Charge Manager at any time and reserves the right to add or remove any functionalities of the platform.
“User Account” means the Charge Manager account accessible by the User.
“Content” means all graphic, literary, and audio elements comprising Charge Manager, including but not limited to drawings, illustrations, images, photographs, logos, trademarks, icons, emblems, audiovisual works, and multimedia content.
“User” means any person downloading and/or using Charge Manager.
“Affiliate” means any company controlled by, controlling, or under common control with DRIVECO, with the term “control” having the meaning set forth in Article L. 233-3 of the French Commercial Code.
TERMS OF USE OF CHARGE MANAGER
DRIVECO grants the User a personal, non-exclusive, limited-term, revocable, non-transferable, and non-sublicensable license to use Charge Manager solely for their personal, non-commercial needs, and to the exclusion of any other purpose.
This license is granted to the User free of charge and applies worldwide.
The User agrees not to perform, permit, or facilitate, directly or indirectly, any action likely to harm, disrupt, and/or impair the proper functioning, integrity, availability, or security of Charge Manager, nor any action aimed at capturing DRIVECO’s know-how, including, without limitation, any decompilation, disassembly, or reverse engineering of all or part of Charge Manager.
This license does not grant the User any rights to use the Content.
Any modification, adaptation, translation, compilation, or reproduction of Charge Manager and/or the Content by the User, by any means and in any form, is prohibited without the prior written consent of DRIVECO.
USER ACCOUNT AND ACCESS TO DATA
When creating a User Account, the User undertakes to provide accurate and complete information and to keep it up to date.
Access to Charge Manager by the User is at their own expense and with their own equipment.
The credentials provided by DRIVECO to the User are for the User’s internal use only; the User shall ensure the security and confidentiality of such credentials.
Subject to DRIVECO’s express prior approval, the User may request that credentials be issued to a third party; in such case, those credentials shall be deemed to be used by the User, who shall remain liable for any breach of the terms of this article by such third party.
DRIVECO reserves the right to monitor the User’s use of Charge Manager and may at any time suspend or terminate the User’s access to Charge Manager in the event that DRIVECO identifies (i) any use of Charge Manager in violation of these Terms of Use by the User, or (ii) unauthorized (including potential unauthorized) use of Charge Manager via the credentials associated with the User.
DRIVECO authorizes the User to access Charge Manager and to use and download the data made available by DRIVECO solely for the User’s internal purposes and only for the purpose of monitoring the operational status and usage of the EV charging stations.
Data transmitted by the charging stations to DRIVECO will be used by DRIVECO to ensure the operation of said stations and may be disclosed to third parties involved in the provision of related services, subject to confidentiality obligations in accordance with these Terms of Use.
DRIVECO may also use this data to develop and/or improve its products and services.
Access to Charge Manager and the data available through Charge Manager is provided to the User “as is,” without any warranty other than those expressly stated herein. Without prejudice to the foregoing, DRIVECO disclaims all liability for any damage that may result from the use of Charge Manager or the data accessible via Charge Manager.
DRIVECO undertakes to make its best efforts to implement appropriate and commonly used technical and organizational measures to ensure the security of the data hosted on Charge Manager.
DRIVECO undertakes to hold the rights necessary to allow the User to access and use Charge Manager.
DRIVECO reserves the right to enhance and evolve the features offered through Charge Manager.
The User shall immediately inform DRIVECO of any breach of the provisions of this article of which they become aware and shall cooperate with DRIVECO to mitigate any potential damage resulting from such breach.
In the event of termination of the lease agreement between the User and DRIVECO or one of its Affiliates, DRIVECO shall maintain the User’s access to Charge Manager for a period of thirty (30) days following the termination date to allow the User to download the data available on Charge Manager related to the execution of said lease.
INTELLECTUAL PROPERTY
All intellectual property rights related to Charge Manager and the Content, including but not limited to copyrights, trademarks, and design rights, are the exclusive property of DRIVECO, or have been validly licensed to DRIVECO by third parties.
The elements comprising the Content may not be exploited, reproduced, or displayed by the User without the express and prior authorization of DRIVECO. The “DRIVECO” logos and trademarks are the exclusive property of DRIVECO and may not be used by the User without DRIVECO’s prior written consent.
The User expressly agrees that the use of Charge Manager shall in no event infringe the rights of DRIVECO or constitute an act of infringement, unfair competition, or parasitic behavior with respect to the Content.
LIMITATION AND EXCLUSION OF LIABILITY
Charge Manager and its Content are made available to the User “as is” and without any warranties other than those which are mandatorily required by applicable law.
DRIVECO does not guarantee the availability of Charge Manager, nor the accuracy, completeness, or timeliness of the information and Content provided through Charge Manager.
Furthermore, DRIVECO does not guarantee the compatibility of Charge Manager with any particular equipment.
To the extent permitted by applicable law, DRIVECO shall not be liable for any kind of damage, whether direct or indirect, resulting from downloading, use of, or inability to use Charge Manager.
PERSONAL DATA PROTECTION
In accordance with applicable data protection regulations, including Law No. 78-17 of January 6, 1978 on Information Technology, Data Files and Civil Liberties, and Regulation (EU) 2016/679 of April 27, 2016 (GDPR), the personal data of the User is processed by DRIVECO as data controller.
DRIVECO’s privacy policy is available on its website at the following address: https://driveco.com/en/privacy-policy/
The personal data provided by the User when creating a User Account is retained for five (5) years. Personal data collected in the context of using a Charging Service is retained for ten (10) years.
The User has the right to access, rectify, delete, and port their personal data, as well as the right to object to processing on legitimate grounds. These rights may be exercised by sending an email to: dibbdpo@dibb.fr, with proof of identity. In case of a complaint, the User may contact the French Data Protection Authority (CNIL).
SEVERABILITY
If any provision of these Terms of Use is deemed invalid or unenforceable, such provision shall be without effect and shall be deemed not included in these Terms of Use, without affecting the validity of the remaining provisions.
ASSIGNMENT OF RIGHTS
The User may not assign or transfer any of their rights under these Terms of Use without the prior written consent of DRIVECO. DRIVECO may assign any of its rights under these Terms of Use to a third party at its sole discretion.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with French law.
The parties shall make their best efforts to resolve amicably, in a spirit of cooperation and good faith, any dispute arising in connection with the performance of these Terms of Use.
If no amicable resolution is reached within thirty (30) days from the beginning of discussions, the dispute shall be submitted to the Commercial Court of Paris, even in the event of third-party proceedings, multiple defendants, or emergency proceedings.
AMENDMENTS TO THE TERMS OF USE
DRIVECO reserves the right to update these Terms of Use at any time and without prior notice.
The applicable version of the Terms of Use is the one in effect on the date the User accesses and uses Charge Manager, as made available on Charge Manager.
CONTACT
For any questions related to Charge Manager, please send an email to: service.client@driveco.com
