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. Services

  • 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.
  • EOSVOLT ApS will provide reasonable technical support and maintenance to ensure the proper functionality of Spark.
  • Spark may be updated or modified from time to time at EOSVOLT ApS's discretion.
     

2. Account Registration

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

3. Pricing

  • Subscription Fees:
    • The first active socket is free.
    • Additional active sockets are charged as follows:
      • Public sockets: 4 EUR (exclusive of VAT) per month.
      • Private sockets: 2 EUR (exclusive of VAT) per month.
         
  • Transaction Fees:
    • All credit card payment transactions processed through Spark will incur a fee of 5% (of total transaction volume, exclusive of VAT plus applicable processing fees (this fee may be negotiable for high-volume CPOs, please contact EOSVOLT for more information).
       
  • Invoice & Payments
    • EOSVOLT ApS or dedicated partner companies will issue invoices for subscription and transaction fees on a monthly basis.
    • CPOs are responsible for timely payment. EOSVOLT ApS reserves the right to suspend or terminate access to Spark for non-payment.
       

4. Revenue Payouts

  • Revenue Collection: EOSVOLT ApS will collect revenue on behalf of the CPO from end-users for kWh charging transactions processed through Spark.
  • Payout Schedule: EOSVOLT ApS will automatically initiate payouts of collected revenue (minus subscription and transaction fees) to the CPO's designated bank account every two weeks. Additionally, CPOs can initiate a payout request through the Spark CPO backend, with funds disbursed within two working days.
  • Reconciliation: EOSVOLT ApS will provide CPOs with detailed payout statements to assist with reconciliation.
  • Transaction Fees: If a CPO has a Wise account, transaction fees are 0. If the CPO uses another bank, the CPO will be responsible for covering the transaction fees charged by their bank.

5. Approved Hardware

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.

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:

  1. Request Submission: The CPO must submit a formal request to EOSVOLT ApS for compatibility testing, including detailed specifications of the hardware.
  2. Evaluation: EOSVOLT ApS will evaluate the hardware's compatibility with Spark's technical requirements and security standards.
  3. 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.
  4. Approval or Denial: EOSVOLT ApS reserves the right to approve or deny support for any hardware based on the results of the evaluation and compliance testing. EOSVOLT ApS will communicate its decision to the CPO.

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.
 

6. Data Use and Ownership Clause

  • EOSVOLT ApS retains all rights, title, and interest in and to all data and users, information, and material provided, inputted, or uploaded by the CPO and its users into Spark. 
  • EOSVOLT ApS will collect and process such data and agrees to implement and maintain appropriate security measures to protect CPO data from unauthorized access or use, but does not guarantee against unauthorized access or data loss. EOSVOLT ApS shall comply with all applicable laws, regulations, and industry standards pertaining to data protection and privacy. 
  • In the event of any unauthorized access to, or use of, CPO Data, EOSVOLT A shall take reasonable steps to mitigate the effects of such breach. 
     

7. Intellectual Property

  • 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.
  • CPOs shall not modify, reverse engineer, decompile, or create derivative works of Spark.
     

8. Acceptable Use

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

9. Warranties & Disclaimers

  • EOSVOLT ApS provides Spark on an "AS IS" basis without warranties of any kind, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • EOSVOLT ApS does not guarantee that Spark will be error-free or that there will be no service interruptions.
     

10. Limitation of Liability

  • 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 and its impact between CPOs and its end-users, even if advised of the possibility.
  • EOSVOLT ApS's total liability under these Terms shall not exceed the fees paid by the CPO during the 12 months preceding the claim.
     

11. Termination

  • CPOs may terminate their Spark subscription at any time with appropriate notice, as outlined on eosvolt.com, this a one-month notice effective at the end of the current calendar month.
  • EOSVOLT ApS may terminate or suspend a CPO's access to Spark at its discretion, including for breach of these Terms.
     

12. Changes to Terms

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

13. Governing Law & Jurisdiction

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

Please read these Terms and Conditions carefully before using our Services. By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you have any questions or concerns, please contact us at contact@eosvolt.com.

Effective Date: 28-08-2024