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Terms of service for the Open Intercharge Protocol

Preamble

Hubject GmbH (referred to hereinbelow as “Hubject”) operates a software-based eRoaming platform (referred to hereinbelow as the “Platform”) that links up various market participants in the field of electric mobility. Hubject’s clientele comprises operators of charging stations for electric vehicles, providers of electric mobility services, POI utilizers, POI suppliers, and CPIPs (CHECK System and CHECK Technology Partners). In order to allow customers (referred to hereinbelow as the “Users”) the use of the Platform, it must be accessible via an interface (referred to hereinbelow as the “Interface”).

So as to be able to create the technical prerequisites and/or follow the processes necessary for use of the Platform via the Interface (referred to hereinbelow as “Agreed Use”), a User must first obtain Interface-related information from Hubject (referred to hereinbelow as “Interface Information”), and this also prior to concluding a contractual agreement on the use of the Platform.

The use of said Interface Information shall be based exclusively on the following terms:

Clause 1: Object of the Agreement

(1) Hubject shall provide the User with the Interface Information pursuant to Clause 2 hereof, thereby enabling the latter to utilize it for the Agreed Use. Any use of the Interface Information beyond this scope is hereby prohibited.

(2) The User shall not be entitled to make Interface Information public or accessible to third parties, whether in whole or in part, without the prior written consent of Hubject, also not in the context of company mergers or acquisitions.

(3) Hubject shall divulge the Interface description exclusively on the basis of the present Terms of Use, and hereby explicitly disavows the applicability of the User’s general business terms and conditions, if any.

Clause 2: Registration by the User

(1) The Interface Information shall be made available to the User via an online user portal maintained by Hubject as part of its internet presence (referred to hereinbelow as the “User Portal”).

(2) The User shall receive the access data to the User Portal (referred to hereinbelow as “Access Data”) once it has declared its consent to the present Terms of Use, has duly registered, and has had its registration approved by Hubject. Hubject hereby reserves the right to approve or reject a given registration at its own discretion.

(3) Registration shall be accomplished through a sign-up procedure on the User Portal. In this context, the following data must be provided accurately and completely:

  • Company data;
  • Contact person;
  • Contact data of the contact person.

Clause 3: Rights and obligations of Hubject

(1) Hubject reserves the right to alter, update, and/or expand the Interface as well as the Interface Information at any time. Insofar as Hubject further enhances the Interface, it shall make available to the User appropriately updated Interface Information on the basis of the present Terms of Use.

(2) Hubject shall have the right to carry out urgent repair work at any time, even if this causes the Interface to become temporarily unavailable.

(3) Hubject shall be free to deactivate the Interface at any time.

(4) To the extent possible, Hubject shall give the User advance notice of any of the measures described in paragraphs 1 to 3 hereinabove. Said notice shall be given via the User Portal. It shall be incumbent upon the User to consult the User Portal at periodic intervals to check for any notifications posted there.

Clause 4: Rights and obligations of the User

(1) The User must protect the Access Data and the Interface Information against access by third parties. The User must promptly inform Hubject of any suspected unauthorized use.

(2) The User shall warrant optimal technical safety when using the Interface.

(3) The use of robots, spiders, data scraping, or other technologies suitable for carrying out data espionage is prohibited.

Clause 5: Liability of Hubject

(1) Hubject shall provide all Interface Information to the best of its knowledge, but assumes no warranty for its accuracy or completeness.

(2) Insofar as Hubject is liable under statutory liability, such liability shall be limited to intentional or grossly negligent acts or omissions.

Clause 6: Termination

(1) The present Agreement shall take effect once the User’s registration has been approved by Hubject pursuant to Clause 2 hereof, and shall run for an indefinite term.

(2) The present Agreement may be terminated at any time with immediate effect.

(3) Once the present Agreement comes to an end, the User’s right to use the Access Data and the Interface Information for the Agreed Use shall lapse. Immediately upon the present Agreement ending, the User must completely, irrevocably, and definitively delete the Access Data and the Interface Information without undue delay and without retaining any copies thereof or such like; the User must provide Hubject with written confirmation of such deletion within five (5) days of being requested to do so.

Clause 7: Confidentiality

(1) The User must keep confidential any and all documentation, information, or facts relevant to the use of the Interface – particularly the Interface Information – that the User obtains from Hubject, even if they have not been explicitly designated as being secret or confidential. The User’s confidentiality obligation shall continue in force beyond the life of the present Agreement.

(2) The User must also legally bind its own personnel to the same confidentiality obligation. The confidentiality obligation imposed upon the User’s personnel must continue in force beyond the life of their respective employment contracts.

(3) The User must protect all documentation associated with the Interface against access by unauthorized parties and must store the same in a secure location.

(4) The confidentiality obligation shall not apply to information that is already in the public domain, or that comes into the public domain without any contributory action on the part of the User.

Clause 8: Miscellaneous provisions

(1) The Parties hereby acknowledge that they have made no collateral arrangements outside the scope of the present Terms of Use. Any amendments, supplements, or addenda to the present Terms of Use must be made in writing. This shall also apply to any amendments, supplements, or addenda to the present requirement as to the written form.

(2) The present Terms of Use shall be governed by the laws of the Federal Republic of Germany; the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby specifically ruled out. The exclusive place of jurisdiction for any and all disputes arising from, or in connection with, the present Terms of Use shall be Berlin, Germany.

(3) Should individual provisions of the present Terms of Use be or become invalid, this shall not affect the remaining provisions of the present Terms of Use.