Terms and Conditions

These Terms & Conditions ("Terms") govern the use of the “Spark” Software-as-a-Service ("SaaS") solution provided by EOSVOLT ApS ("EOSVOLT ApS," "we," "us"), a company located in Denmark, to Charge Point Operators ("CPOs," "you"). By accessing or using Spark, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use Spark.

1. Definitions

For the purposes of these Terms:

  • CPO: A Charge Point Operator, who owns and operates electric vehicle charging infrastructure.
  • End-User: A customer using the CPO’s charging infrastructure via the Spark platform.
  • Subscription Fees: Monthly fees paid by CPOs for the use of Spark's services.
  • Transaction Fees: Fees deducted from payments processed through Spark for charging transactions.
  • VAT: Value Added Tax, applicable under relevant laws.
  • Wise Account: A specific banking option through which CPOs can avoid transaction fees during payouts.

2. Services

  1. EOSVOLT ApS grants CPOs a non-exclusive, non-transferable license to access and use the Spark SaaS solution for charge point management and error tracking as outlined on the EOSVOLT.com website.
  2. EOSVOLT ApS will provide reasonable technical support and maintenance to ensure the proper functionality of Spark.
  3. Spark may be updated or modified from time to time at EOSVOLT ApS's discretion.

3. Account Registration

  1. To use Spark, CPOs must create an account on eosvolt.com. Accounts are subject to approval by EOSVOLT ApS.
  2. CPOs are responsible for providing accurate information during registration and maintaining the security of their login credentials.

4. Pricing

  1. Subscription Fees:
    • The first active socket is free.
    • Additional active sockets are charged as follows:
      • Public sockets: €4 (exclusive of VAT) per month.
      • Private sockets: €2 (exclusive of VAT) per month.
  2. Transaction Fees:
    • All credit card payment transactions processed through Spark will incur a fee of 5% (exclusive of VAT) plus applicable processing fees. This fee may be negotiable for high-volume CPOs; please contact EOSVOLT for more information.
  3. Invoices & Payments:
    • Invoices for subscription fees are payable in advance for the upcoming billing period and must be settled within ten (10) days from the invoice date. EOSVOLT ApS or its designated partner companies will issue invoices for subscription, transaction, license, and any other applicable fees on a monthly basis
    • CPOs are responsible for ensuring timely payment. In the event any invoice remains unpaid beyond the ten (10) day period, EOSVOLT ApS reserves the right to suspend or terminate access to Spark until the outstanding balance is settled.

5. Revenue Collection & Payouts

  1. Revenue Collection:
    • EOSVOLT ApS collects payments on behalf of the CPO from end-users for kWh or per-minute charging transactions processed through the EOSVOLT application. Payments include applicable VAT. and the CPO hereby authorises EOSVOLT to collect such payment from the end-user with releasing effect for the end-user.
  2. Invoice Issuance:
    • The CPO, as the designated location owner, issues an invoice including VAT to the end customer. This invoice is sent electronically via email.
  3. Payment Handling:
    • Payments are temporarily held in EOSVOLT ApS's Wise bank account.
  4. Payout Schedule:
    • EOSVOLT ApS automatically initiates payouts of collected revenue (minus a 5% transaction fee and any applicable subscription fees) to the CPO's designated bank account every two weeks or at an interval agreed upon with the CPO.
    • CPOs may also initiate withdrawal requests through the EOSVOLT backend system, with funds disbursed within two to four working days (excluding weekends and holidays).
  5. Transaction Fees:
    • If the CPO utilizes a Wise account, transaction fees are waived.
    • For other banks, the CPO is responsible for covering any transaction fees charged by their bank.
  6. Reconciliation and Reporting:
    • EOSVOLT ApS provides the CPO with a detailed and updated transaction report in Excel format, including:
      • Transaction dates.
      • Gross amounts (including VAT).
      • Net amounts (after deducting transaction fees).
      • VAT breakdowns for each transaction.

This workflow ensures compliance with applicable VAT regulations, provides transparency in financial transactions, and facilitates efficient revenue collection and distribution through the EOSVOLT platform.

6. Approved Hardware

  1. Spark is designed to work seamlessly with a list of charger hardware producers that have been tested and approved by EOSVOLT ApS. A current list of supported hardware can be found on the eosvolt.com website.
  2. Compatibility Testing for New Hardware:
    • If a CPO wishes to utilize charger hardware that is not currently supported by Spark, the following process will apply:
      • Request Submission: The CPO must submit a formal request to EOSVOLT ApS for compatibility testing, including detailed specifications of the hardware.
      • Evaluation: EOSVOLT ApS will evaluate the hardware's compatibility with Spark's technical requirements and security standards.
      • Compliance Testing: If deemed potentially compatible, EOSVOLT ApS may conduct compliance testing at its discretion. The CPO may be responsible for any costs associated with compliance testing.
      • Approval or Denial: EOSVOLT ApS reserves the right to approve or deny support for any hardware based on the evaluation and compliance testing results.
  3. Unsupported Hardware:
    • EOSVOLT ApS cannot guarantee the functionality or stability of Spark when used with unsupported charger hardware. CPOs who choose to utilize unsupported hardware do so at their own risk.

7. Data Use and Privacy

  1. EOSVOLT ApS retains all rights, title, and interest in and to all data, users, information, and material provided, inputted, or uploaded by the CPO and its users into Spark.
  2. EOSVOLT ApS will comply with all applicable data protection laws, including GDPR, and implement appropriate security measures to protect CPO data from unauthorized access or use.
  3. In the event of any unauthorized access to or use of CPO data, EOSVOLT ApS will take reasonable steps to mitigate the effects of such a breach and notify affected parties as required by law.

8. Intellectual Property

  1. Spark and all associated intellectual property rights are owned exclusively by EOSVOLT ApS. CPOs are granted only a limited license for use as outlined in these Terms.
  2. CPOs shall not modify, reverse engineer, decompile, or create derivative works of Spark.

9. Acceptable Use

  1. CPOs shall use Spark only for lawful purposes and in compliance with applicable laws and regulations.
  2. CPOs shall not use Spark in any way that could harm EOSVOLT ApS, its systems, or other CPOs.

10. Warranties & Disclaimers

  1. EOSVOLT ApS provides Spark on an "AS IS" basis without warranties of any kind, either express or implied.
  2. EOSVOLT ApS does not guarantee that Spark will be error-free or that there will be no service interruptions.

11. Limitation of Liability

  1. EOSVOLT ApS will not be liable to CPOs or any third party for indirect, consequential, incidental, special, or punitive damages (including lost profits or data) arising from Spark's use.
  2. EOSVOLT ApS's total liability under these Terms shall not exceed the fees paid by the CPO during the 12 months preceding the claim.

12. Force Majeure

EOSVOLT ApS shall not be held liable for failure or delay in fulfilling obligations due to events beyond its control, including but not limited to natural disasters, cyber-attacks, government actions, or other force majeure events.

13. Termination

  1. CPOs may terminate their Spark subscription at any time with one month’s notice effective at the end of the calendar month.
  2. EOSVOLT ApS may terminate or suspend a CPO's access to Spark at its discretion, including for breach of these Terms.

14. Changes to Terms

EOSVOLT ApS may modify these Terms at any time. Updated Terms will be posted on eosvolt.com and/or communicated to CPOs. Continued use of Spark after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Denmark. Any disputes arising under these Terms shall be resolved exclusively through arbitration or the courts of Denmark.

Effective Date: 21-01-2025

If you have any questions or concerns, please contact us at contact@eosvolt.com.