Spark App Terms & Conditions

EOSVOLT Spark App Terms & Conditions

Effective Date: 01-01-2025

These EOSVOLT Spark App Terms & Conditions (“Terms”) govern your access to and use of the EOSVOLT Spark mobile application, associated software services, APIs, backend systems, and related functionality (collectively, the “App” or “Services”).

The Services are provided by EOSVOLT ApS (“EOSVOLT”, “we”, “our”, or “us”).

By creating an account, accessing, downloading, or using the App, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not use the App or Services.

1. ABOUT EOSVOLT

EOSVOLT ApS is a company registered in Denmark.

Company Name: EOSVOLT ApS
Address: Arne Jacobsens Alle 15, 2300 Copenhagen S, Denmark
CVR: 44305844
Email: contact@eosvolt.com

EOSVOLT provides software technology enabling users to locate, access, initiate, monitor, and manage electric vehicle charging sessions operated by independent charging point operators (“CPOs”).

EOSVOLT does not own, operate, maintain, install, or control charging stations, electrical infrastructure, or energy supply systems.

2. DEFINITIONS

2.1 “App”

Means the EOSVOLT Spark mobile application and associated backend services.

2.2 “Charging Operator” or “CPO”

Means the independent business operating a charging station or charging network accessible through the App.

2.3 “Charging Session”

Means an electric vehicle charging session initiated through the App.

2.4 “User”

Means any person accessing or using the App.

2.5 “Payment Provider”

Means a licensed third-party payment service provider used in connection with the Services.

2.6 “Platform”

Means EOSVOLT’s cloud-based software platform, APIs, backend systems, mobile services, integrations, and related software functionality.

3. ROLE OF EOSVOLT

EOSVOLT provides software functionality only.

EOSVOLT enables Users to:

locate charging stations;
initiate Charging Sessions;
monitor charging activity;
access payment functionality;
manage charging preferences; and
interact digitally with participating Charging Operators.

Charging services themselves are provided exclusively by independent Charging Operators.

EOSVOLT:

is not a charging operator;
is not an energy supplier;
does not own charging stations;
does not provide electricity;
does not guarantee charger uptime or availability;
does not guarantee charging speed or performance;
does not provide regulated payment services;
is not a payment institution;
is not a bank; and
does not act as merchant of record.

The applicable Charging Operator remains solely responsible for:

charger operation;
charging availability;
pricing;
taxes;
refunds;
charging quality;
electricity delivery;
hardware maintenance; and
compliance with applicable local laws and regulations.

4. USER ACCOUNTS

Certain features of the App require account registration.

Users agree to:

provide accurate and complete information;
maintain the confidentiality of login credentials;
keep account information updated; and
notify EOSVOLT promptly of unauthorised access or suspected misuse.

Users are responsible for all activity conducted through their account.

EOSVOLT may refuse registration or suspend access where reasonably necessary for:

fraud prevention;
cybersecurity protection;
platform integrity;
regulatory compliance;
suspected unlawful activity; or
protection of other users or Charging Operators.

Users must not:

create false identities;
impersonate others; or
create accounts using inaccurate or misleading information.

5. CHARGING SESSIONS

The App enables Users to initiate Charging Sessions with participating Charging Operators.

Charging session functionality depends on:

charger hardware;
charger firmware;
electrical infrastructure;
internet connectivity;
roaming integrations;
power supply conditions;
third-party systems; and
Charging Operator operations.

EOSVOLT does not guarantee:

charger availability;
uninterrupted charging;
charging speed;
successful session initiation;
charger compatibility with specific vehicles; or
completion of Charging Sessions.

Charging Sessions may fail, stop, or be interrupted due to circumstances outside EOSVOLT’s reasonable control.

Users are responsible for ensuring that:

their vehicle is compatible with the charger;
charging cables are properly connected;
charging is monitored where appropriate; and
local parking and charging rules are followed.

6. PAYMENTS

Payments for Charging Sessions are processed through licensed third-party payment service providers, including Stripe.

Payment transactions and settlement processes may involve temporary routing or processing through payment infrastructure configured in connection with EOSVOLT’s Platform. EOSVOLT is not a bank, a licensed payment institution, an electronic money institution, or an escrow provider. The applicable Charging Operator acts as merchant of record for charging transactions.

By using the App, Users authorise the applicable Payment Provider to process payment transactions relating to Charging Sessions.

Users are responsible for ensuring that:

payment information is accurate;
payment methods remain valid; and
sufficient funds are available.

Additional terms imposed by Payment Providers may apply.

EOSVOLT is not responsible for:

payment processor outages;
bank delays;
declined transactions;
payment holds;
chargebacks; or
third-party payment provider errors.

7. PRICING

Charging prices are determined exclusively by the applicable Charging Operator.

Pricing may vary based on:

location;
charging speed;
time of day;
subscription plans;
roaming arrangements;
local taxes; and
applicable fees.

Displayed prices may change prior to the start of a Charging Session.

Users are responsible for reviewing pricing information before initiating charging.

8. REFUNDS AND DISPUTES

Refund requests, billing disputes, and charging complaints are primarily the responsibility of the applicable Charging Operator.

EOSVOLT may assist operationally by facilitating communication or reviewing technical session information, but EOSVOLT is not responsible for:

electricity delivery;
charging performance;
charger faults;
pricing decisions;
refunds owed by Charging Operators; or
disputes relating to charging services.

Users acknowledge that disputes relating to charging services may need to be resolved directly with the relevant Charging Operator.

9. APP AVAILABILITY

EOSVOLT uses commercially reasonable efforts to maintain App availability and functionality.

However, the App may experience interruptions, delays, or reduced functionality due to:

maintenance;
software updates;
cybersecurity events;
internet outages;
third-party failures;
hardware issues;
roaming partner failures; or
events beyond EOSVOLT’s reasonable control.

EOSVOLT does not guarantee uninterrupted or error-free operation of the App.

Certain features may be unavailable in some jurisdictions or with certain hardware providers.

10. USER OBLIGATIONS

Users agree to:

comply with applicable laws and regulations;
use charging stations safely and responsibly;
comply with Charging Operator instructions;
comply with vehicle manufacturer recommendations; and
use the App only for legitimate purposes.

Users remain solely responsible for:

parking compliance;
vehicle compatibility;
vehicle condition;
safe use of charging equipment; and
compliance with local charging rules.

11. PROHIBITED USE

Users may not:

use the App unlawfully or fraudulently;
interfere with platform functionality;
attempt unauthorised access;
reverse engineer the App;
scrape or extract data from the App;
bypass security measures;
misuse payment systems;
upload malicious code;
use automated systems to abuse functionality; or
use the Services in violation of export controls or sanctions laws.

EOSVOLT reserves the right to suspend or terminate access for violations of these Terms.

12. INTELLECTUAL PROPERTY

The App, Platform, software, branding, graphics, interfaces, and related technology are owned by or licensed to EOSVOLT.

Users receive a limited, non-exclusive, non-transferable, revocable licence to use the App in accordance with these Terms.

Users may not:

copy;
modify;
distribute;
decompile;
reverse engineer; or
create derivative works

from the App except where prohibited by applicable law.

13. PRIVACY, DATA PROTECTION, AND AI-ASSISTED PROCESSING

13.1 Privacy and Data Protection

EOSVOLT processes personal data in accordance with applicable data protection and privacy laws, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”) where applicable.

Further information regarding EOSVOLT’s processing of personal data is available in the EOSVOLT Privacy Policy.

13.2 Controller and Processor Roles

Depending on the nature of the processing activity, EOSVOLT may act as:

an independent data controller;
a joint controller; or
a data processor

in relation to personal data processed through the Services.

Charging Operators generally act as independent controllers in relation to charging services, pricing, billing, refunds, and charging-session operations provided to Users.

13.3 Location Data

Certain functionality of the App may require access to device location data in order to:

display nearby charging stations;
provide navigation functionality;
improve charging availability; or
enable charging-related services.

Users may manage location permissions through device settings.

13.4 AI-Assisted Processing and Analytics

EOSVOLT may use automated analytics systems, machine learning models, and AI-assisted technologies to support:

charger diagnostics;
log-file analysis;
fault detection;
cybersecurity monitoring;
fraud prevention;
customer support assistance;
operational analytics; and
platform improvement.

Such technologies are used to support operational processes and service quality.

EOSVOLT does not use solely automated decision-making producing legal or similarly significant effects within the meaning of Article 22 GDPR unless explicitly disclosed and permitted under applicable law.

13.5 Support and Diagnostic Data

Users acknowledge that technical information, diagnostic logs, charger error reports, device metadata, and support communications may be analysed by EOSVOLT and its authorised service providers for troubleshooting, support, security, operational monitoring, and platform improvement purposes.

Where reasonably possible, EOSVOLT applies data minimisation and appropriate safeguards to reduce unnecessary processing of personal data.

13.6 International Data Transfers

Personal data may be processed in countries where EOSVOLT or its subprocessors operate.

Where required by applicable law, EOSVOLT implements appropriate safeguards for international data transfers, including the use of Standard Contractual Clauses or equivalent legal mechanisms.

13.7 User Rights

Subject to applicable law, Users may have rights to:

access personal data;
request correction of inaccurate data;
request deletion of personal data;
restrict processing;
object to certain processing activities;
request data portability; and
lodge complaints with a competent supervisory authority.

13.8 Data Retention

EOSVOLT retains personal data only for as long as reasonably necessary:

to provide the Services;
to comply with legal obligations;
to resolve disputes;
to enforce agreements; or
to maintain platform security and operational integrity.

13.9 Push Notifications and Communications

The App may send:

charging-session updates;
operational notifications;
security alerts;
service announcements; and
optional marketing communications.

Users may manage notification preferences through device settings or App preferences where available.

13.10 Children

The App is not intended for individuals under eighteen (18) years of age.

14. BETA, AI, AND EXPERIMENTAL FEATURES

Certain features may be identified as:

beta;
pilot;
AI-assisted; or
experimental.

Such features are provided on an “as-is” basis and may:

change;
malfunction;
become unavailable; or
produce inaccurate results.

EOSVOLT makes no guarantees regarding the reliability or accuracy of beta or experimental functionality.

15. DISCLAIMERS

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EOSVOLT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT; OR
CONTINUOUS AVAILABILITY.

EOSVOLT DOES NOT GUARANTEE:

CHARGER AVAILABILITY;
SESSION SUCCESS;
CHARGING SPEED;
ENERGY DELIVERY;
PAYMENT PROVIDER AVAILABILITY; OR
ERROR-FREE OPERATION.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EOSVOLT SHALL NOT BE LIABLE FOR:

INDIRECT DAMAGES;
CONSEQUENTIAL DAMAGES;
LOSS OF PROFITS;
LOSS OF DATA;
VEHICLE DAMAGE;
LOSS OF BUSINESS; OR
CHARGING INTERRUPTIONS.

EOSVOLT’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY THE USER THROUGH THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

Any claim arising from these Terms or the Services must be brought within twelve (12) months after the relevant cause of action arose.

17. THIRD-PARTY SERVICES

The App may integrate with third-party services, including:

payment providers;
mapping providers;
roaming networks;
charger manufacturers; and
analytics providers.

EOSVOLT is not responsible for third-party services or their availability, security, or functionality.

Third-party terms may apply.

18. EXPORT CONTROLS AND SANCTIONS

Users may not use the App in violation of applicable export control laws or sanctions regulations.

The App may not be used in jurisdictions subject to applicable sanctions or restrictions imposed by:

the European Union;
the United States;
the United Nations; or
other applicable authorities.

19. CHANGES TO THE SERVICES OR TERMS

EOSVOLT may modify:

the App;
platform functionality;
supported features; or
these Terms

from time to time.

Updated Terms become effective upon publication within the App or on the EOSVOLT website.

Continued use of the App after updated Terms are published constitutes acceptance of the revised Terms.

20. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Denmark.

Any dispute arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Copenhagen, Denmark.

21. LANGUAGE

These Terms are provided in English and may be made available in other languages. In the event of any inconsistency or conflict between the English-language version and any translated version, the English-language version shall prevail.

22. CONTACT INFORMATION

EOSVOLT ApS
Arne Jacobsens Alle 15
2300 Copenhagen S
Denmark

Email: contact@eosvolt.com