EVSY is a service offered and operated by Kaufmann Ventures SPA (corporate identity number 77.110.169-0) (hereinafter referred to as " EVSY ", " we ", " us " etc.). EVSY is a service for hybrid and electric car owners, and we offer several functions that we hope will help make your everyday life as a car owner easier. Through EVSY, you can, on specified terms, get recommendations and information about the location of the cheapest and best charger for the vehicle you own and charge the vehicle at the charging stations made available by our partners in the app (" Charging Station " and " Charging Operators ") (hereinafter “ EVSY ” or “The Service ”). Users of EVSY will in these terms be referred to as " User ", " you ", " you " etc.

 

Your access to and use of the Service is subject to these Terms of Use (the " Terms "), and all users must accept these Terms to access the Service.

 

1. Access to the Service

 

1.1 Authorized Users

 

Users must be 18 years of age to use the Service. Your access to the Service is personal and if you give third parties access to the Service, you are fully legally, financially and in fact responsible for ensuring that both the use and the Terms are complied with. You are responsible for ensuring that those who use the Services on your behalf are familiar with the Terms.

 

EVSY enters into agreements with Charging Operators and through these agreements the Charging Stations of the Charging Operators are made available in the Service. Authorized Users who have created a user account, see section 1.2 below, will be able to use the Charging Stations stated in the Service in accordance with the Terms.

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1.2 Access to and use of the Service

 

To access EVSY, you must first create a user account. Creation of a user account is done directly in the Service's mobile application which is available for download in the App Store, Huawei Store and Google Play as “EVSY - EV Charging & Routing App” (the “ App ”).

 

Creating a user account requires that you register certain information about yourself. To identify you, we use your telephone number or e-mail address and then the user account is verified by sending you an SMS or e-mail containing a unique code that provides access. To complete Charging Sessions (defined below) you must pay via our approved payment methods. You can do this by registering a payment card (Visa or Mastercard) in the App.

 

Once you have created a user account and accepted the Terms, the Services in EVSY will be made available. This includes access to Charging Stations from Charging Operators where you can charge your vehicle (" Charging Session "). Which Charging Stations are available as well as what other possible conditions will apply to a Charging Session will be visible in the App at all times. Other functionality, such as the itinerary planner, you are free to use as you wish.

 

2. Terms of Use of EVSY

 

EVSY is designed and made available to make your everyday life easier. This must apply both ways. All Users of EVSY therefore undertake to use the Service only in accordance with its purpose, services and functions, and shall at all times refrain from:

1. decompile or otherwise attempt to obtain or access the source code of the Software Components in the App;

2. use the App to send any kind of unsolicited messages;

3. extract, collect, collect or collect information or data about other users without their consent;

4. transmit or post illegal, immoral, libelous, offensive, threatening, vulgar or obscene material;

5. transfer material containing software viruses or other malicious software code, files, scripts or programs;

6. interfere with or undermine the integrity of the App or information stored therein;

7. attempt to gain unauthorized access to the App or any portion of the App;

8. interfere with another User's use of the App, or

9. other irregular use or for other purposes contrary to law or these Terms

 

EVSY reserves the right to change technical provider as well as make updates, upgrades, improvements etc. that may lead to changes in the interface and / or functionality of the App, and / or require the user to update their own system, including new device, operating systems (such as iOS, Android or Windows) or browsers.

 

3. Payment and prices for Charging Sessions

 

3.1 Terms of payment

 

Payment for Charging Sessions takes place directly in the App by immediate debiting or reservation of payment in the User's account, after the Charging Session has ended. If there is no coverage on the User's account at the end of the Charging Session, or there are other obstacles to receiving the correct payment, EVSY reserves the right to send a payment notice with a payment deadline. In the event of non-payment, EVSY also reserves the right to block parts or the entire Service, without further notice.

 

Your charging sessions, including charging history and what you have paid for, will be available in your user account in the App.

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3.2 Prices

 

The current starting price will appear in the App before you start a Charging Session. As EVSY provides access to Charging Stations from various Charging Operators, the current final price is i.a. depending on the Charging Operator's prices and the length of the Charging Session. At the end of the Charging Session, the final price will be calculated and made available in the App. You can read more about how we calculate prices on EVSY's website.

 

4. Associated services

 

Both before, during and after a Charging Session, users are free to use the various services offered in the App, such as the route planner and our recommendations on driving routes, etc. (" Associated services "). Associated services are offered "as is" without any guarantees of any kind, but we will always try to offer Associated services in a way that makes your driving and travel experience the best possible.

 

5. User responsibility

 

User is responsible for his user account. This means that you must keep the information stored in the user account up to date and protect your user account from unauthorized access, in particular by keeping your password safe and inaccessible to third parties. We therefore assume that all actions performed in the App are done by you and that the information stored there is correct. If you have nevertheless been unlucky, and experience suspicious behavior on your account, please contact us immediately using the contact information in section 8 Communication below.

 

Users must ensure that Charging Sessions are conducted in accordance with the instructions in the App or at the Charging Station. In connection with Charging Sessions, we draw special attention to the fact that EVSY has not entered into agreements with those who own the property for the places where the Charging Stations are located and some Charging Stations may be located in areas where special parking rules apply. Users are therefore always responsible for examining and complying with the parking rules that apply at the individual charging station.

 

6. Limitation of Liability

 

EVSY does not guarantee continuous, uninterrupted or secure access to the Service. The Service may from time to time be completely or partially unavailable due to maintenance or other reasons, and EVSY makes no warranties of function and availability. To the extent that it is practical, EVSY will try to provide information about restrictions on availability. EVSY cannot be held responsible for any consequences, damages or losses as a result of the Service not being able to be used as intended.

 

EVSY assumes that the User's vehicle, including the charging port and plug, battery and other components of the vehicle that are important to the Charging Session, and the Charging Operator's Charging Station function as intended, and without problems in connection with a Charging Session. These are matters beyond EVSY's control, and we are therefore not responsible for any damage to the vehicle that may occur in connection with a Charging Session.

 

EVSY only compensates for direct losses that have arisen from the use of the services and which are a direct consequence of gross negligence on EVSY's part. Under no circumstances is EVSY liable for indirect losses.

 

7. Processing of personal data

 

In order to offer the service, EVSY must process personal information about you and other users of the service. In EVSY's privacy statement you will find information about how your personal information is handled when using EVSY. The privacy statement is available here: 

https://docs.google.com/document/d/1wHNwSCD6Vfe-DOjUPSObfrb-PIXSl53IYFzhBEGeW2M/edit?usp=sharing

 

8. Communication

 

Users can always contact us directly in the App or at diego.larrain@guil.cl

 

If technical problems arise at a Charging Station in connection with a Charging Session, the User will be put in contact with the relevant Charging Operator who will assist with remedial measures to solve the problems associated with the Charging Station.

 

9. Changes to the terms

 

From time to time we will need to make changes to the Terms. This may be due to technological developments, new functionality or changes in payment terms, etc. We may make any changes without notifying you. Changes that are important for your use of EVSY, however, we will notify you within a reasonable time before the change is implemented.

 

10. Choice of law

 

The terms are subject to and must be interpreted in accordance with Chilean law.