This Terms and Conditions document is a usage agreement between you and HeyCharge mobile application and HeyCharge GmbH services.
These terms and conditions, together with the Privacy Policy, regulate your use of the “HeyCharge Mobile Application" (hereinafter referred to as “app”) and all of the services provided by HeyCharge GmbH in connection with the app.
Date: 10.12.2021
1.What functions does the HeyCharge app offer?
Our app offers following functions related to electric car charging services and infrastructure provided by HeyCharge and cooperation partners of HeyCharge Gmbh:
- Related information of your assigned charging station:
- Our app shows related information of your assigned charging station with tariff information and other necessary information.
- Registration, login and use of a customer account for charging services
- Our app enables the use of extended charging services such as starting a charging process via the app, monitoring charging processes, tracking charging processes that have taken place (charging history), managing charging cards, receiving invoices, processing customer data and storing payment information. The prerequisite for using these services is a contract with HeyCharge, which can be concluded when registering in the app.
2.How and to what extent can you use the HeyCharge app?
You can find these conditions in below:
- The app is protected by copyright. With the installation of the app and its use by you, HeyCharge grants you a non-exclusive, non-transferable and non-sub-licensable right to use the information, software and documentation provided on the app exclusively for private purposes. Any commercial or otherwise extended use requires the express prior consent of HeyCharge; HeyCharge may grant or refuse this approval at its own discretion.
- Users can use the app on any smartphone that they own or have. To avoid misuse of your app, the app must be deleted from the smartphone before it changes hands.
3.Can you copy the HeyCharge app?
As a user, you may only copy the app if and to the extent that this is necessary for use in accordance with the contract. This includes the installation on the mass storage device and the main memory. You may also make necessary backup copies if you mark them as such.
4.Which conditions do violate the use of HeyCharge app?
- You are not allowed to distribute, rent out, or in any other way the app or the information, software, or documentation made available on it to third parties without the consent of HeyChage. In particular, you have no right to make the app publicly available or to use it in any other way.
- You are not authorized to edit the app or make changes to it. You may not decompile, add to, further develop, (re) translate the app, or attempt to gain access to the source code in any other way. You are also not allowed to create programs or products based on the app or its components. Copyright notices, serial numbers, and other features used for program identification may not be removed, modified, or made illegible. The same applies to the suppression of the display of corresponding notes and features on the screen.
5.What are the costs for you?
The use of the app is free of charge within the specified scope. Charging your e-vehicle will incur costs according to the selected tariff. For using the app, depending on the tariffs of your telecommunications provider, costs for data connections may arise for which HeyCharge does not pay.
6.What is HeyCharge liable for?
- HeyCharge is liable for intent and gross negligence as well as for personal injury in accordance with the statutory provisions. Liability for slight negligence is excluded.
- The limitations of liability also apply to the liability of employees, organs, representatives, and vicarious agents of HeyCharge.
- HeyCharge is not liable - provided you have created and used a customer account - that your password is not accessible to third parties. You assume full responsibility for all actions that are carried out using your customer account and the data stored in it.
- The Privacy Policy provides information on which data is collected and processed in connection with the use of the app.
7.What are the termination rights and what are the consequences of termination?
- The installation of the app and the associated possibility of full use apply for an indefinite period. You can properly revoke this user contract at any time, i.e. without a specific reason, by deleting the app on the mobile device. HeyCharge is also entitled to deactivate the content of the app. The data contained in the app will be deleted as a result. If a declaration cannot be made to you due to a lack of personal data, the usage authorization expires.
- The right to extraordinary termination of this contract for an important reason remains unaffected. An important reason for HeyCharge is in particular if you violate the terms of use and do not stop this violation despite a reminder. A reminder is unnecessary if it does not promise success or if your violation is so serious that a continuation of the contract is unreasonable for HeyCharge.
- At the end of the contract, all rights granted to you on the basis of these Terms of Conditions cease; it is then there is no longer possible to use the app.
- After the end of the contract, HeyCharge is not obliged to continue to save saved information about the use of the app or to pass on information about it to you or to third parties.
8.What else do you need to consider?
- Data transmitted to HeyCharge are protected against loss, change or the like in accordance with prevailing, current security standards and are not passed on to third parties. However, they can be used for statistical purposes, e.g. in the context of improving the apps for mobile device models. The deletion of the location data transmitted to HeyCharge can be requested from HeyCharge at any time. (HeyCharge GmbH Steinheilstr. 18 80333 München Germany +49 89 26200316 hello@heycharge.com)
- These terms of use are exclusively subject to the law of the Federal Republic of Germany, excluding conflict of laws.
- HeyCharge uses services from other service providers to operate the app, so-called cloud services (processing of data on external data servers). When using the app, your personally identifiable data will be processed and stored on the cloud provider's servers, which explains in our Privacy Policy.
- Should any provision of this contract be or become ineffective, this shall not affect the validity of the remaining provisions of these terms of use. The contracting parties will endeavor to find a provision in place of the ineffective provision that most closely meets the contractual objective, both legally and economically. The same applies in the event of a loophole.
