GENERAL TERMS & CONDITIONS

EEVEE APP

These General Terms and Conditions of use govern the registration, use and access to the EEVEE mobile application (hereinafter the “EEVEE App”) offered by EEVEE BV, with registered office at Watertorenstraat 2, 3590 Diepenbeek (Belgium), with company number 0747.470.815, RPR Brussel, talk@eeveeapp.com (hereinafter “EEVEE”).

Please read these General Terms and Conditions carefully before registering or using the EEVEE App and keep them for your records. By fully installing, registering, using and/or accessing the EEVEE App, you confirm to be legally bound by these General Terms and Conditions. You will be required to read and accept these General Terms and Conditions prior to the first use of the EEVEE App. If you do not accept these General Terms and Conditions, please refrain from installing, registering, using and/or accessing the EEVEE App.

1. Definitions

The capitalised terms in these General Terms and Conditions shall have the following meaning:

Agreement or General Terms and Conditions: the present General Terms and Conditions (including the corresponding Privacy Policy) between you as the user of the EEVEE App and EEVEE.
EEVEE App: the application for Android or iOS mobile devices (i.e. mobile phones, tablets or any similar device as they become available from time to time) offered by EEVEE under the brand name “EEVEE” through which you can access the Services.
Intellectual Property: all of the following legal rights, title, or interest in or arising under the laws of Belgium and the European Union, any state, any other country or international treaty regime, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired, including all renewals thereof: (i) patents, patent applications and patent rights, including any such rights granted upon any reissue, reexamination, division, extension, provisional, continuation or continuation-in-part applications, and equivalent or similar rights anywhere in the world in inventions and discoveries; (ii) rights associated with works of authorship and literary property rights, including, but not limited to, copyrights, copyright applications and copyright registrations, and moral rights; (iii) rights relating to know-how or trade secrets, including but not limited to ideas, concepts, methods, techniques, inventions and other works, whether or not developed or reduced to practice, rights in industrial property, customer, vendor and prospect lists, and all associated information or databases, and other confidential or proprietary information; (iv) industrial designs, industrial models, utility models, certificates of invention and other indicia of invention ownership; (v) trademarks, service marks, logos, trade dress, Internet addresses (URLs), trade names and service names, whether or not registered, and the goodwill associated therewith; and (vi) any rights analogous to those set forth in the preceding language and any other proprietary rights relating to intangible property anywhere in the world.
Services: the current and future services and functionalities offered to you through the EEVEE App.

2. General

You are free to use or not use the EEVEE App and you do so entirely at your own risk.

EEVEE may notify you in relation to the EEVEE App and/or these General Terms and Conditions by sending an email to the e-mail address provided by you through your registration or by posting a notice on the EEVEE App home-screen. Notices become effective immediately.

The EEVEE App’s functionalities may vary from time to time. Should a new service or functionality be made available as part of the Services, you will be informed thereof and you will be free to decide to make use of it or not.

These General Terms and Conditions may be amended by EEVEE with two (2) weeks prior notice to you. If you do not wish to accept such amendments, you have the right to terminate the Agreement. Your continued use of the EEVEE App after the amendments of these terms means that you accept all such changes. Accordingly, you are advised to consult these terms from time to time in order to view any amendments to these terms. These terms were last modified as of the date indicated above

We reserve the right to introduce charges for the Services with prior notice to you as mentioned above. These charges may change from time to time. More details on the applicable charges will at all times be available on our website.

In addition to these General Terms and Conditions (herein also referred to as “the Agreement”), you may be subject to terms and conditions that may apply to your access/use of information, products and/or services offered by third parties, even if such access/use takes place via the EEVEE App. EEVEE is and will never be a party to any such agreement between you and any such third parties, even if such an agreement with a third party is concluded through the EEVEE App, and EEVEE shall in no way have any responsibility or liability pursuant to such agreements concluded by you and any third party in this manner. Only the third party concerned is responsible for the products and/or services covered by any such agreements.

If EEVEE provides a translation of the English language version of these General Terms and Conditions, the translation is provided solely for convenience, and the English version will prevail.

3. Intellectual property

EEVEE and/or its licensors are the owner(s) or beneficiary(ies) of all Intellectual Property rights and know-how associated with the EEVEE App. All copyrights, databank rights and software rights in all material contained on, in or available through the EEVEE App, including all information, data, text, graphics, and all source codes, software compilations and other material is owned by EEVEE and/or its licensors.

EEVEE grants you – for the term of the Agreement – a non-transferable, non-sub-licensable, royalty-free, worldwide, non-exclusive license to use the EEVEE App for your own personal purposes in accordance with these General Terms and Conditions. This license shall include any future updates made available to you from time to time, provided that you understand and accept that such updates may be subject to other pricing arrangements and additional terms and conditions in respect of which you will be notified at the time such update is made available.

Without prejudice to your rights relating to the protection of computer programs, you may not:

modify, translate or adapt any of the components of the EEVEE App (including any software associated with it) in any way;
decompile or disassemble any of the components of the EEVEE App (including any software associated with it) in any way;
copy any of the components of the EEVEE App (including any software associated with it) in any way, except to make a back-up copy;
transfer, dispose of, grant as a sub-license, lease, lend or distribute any of the components of the EEVEE App (including any software associated with it) or documentation, in any way or in any form to third parties;
merge the EEVEE App or any component thereof into any other programs or create derivative works based on (any component of) the EEVEE App;
use the EEVEE App in whole or in part or any Confidential Information relating thereto to create software that is functionally equivalent to the EEVEE App or any part thereof;
use the EEVEE App in a way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person; and/or
remove, obscure or alter proprietary rights notices (including trademarks and copyrights notices) which may be affixed to or contained within the EEVEE App.

EEVEE reserves the sole right to correct any errors in the EEVEE App, its Services or documentation.

Nothing contained in the EEVEE App shall be construed as granting any license or right to make commercial use of any trademark, Intellectual Property right or copyrighted material of EEVEE and/or its licensors without their prior written permission.

Should the EEVEE App contain elements of Intellectual Property belonging to third parties, EEVEE shall arrange for such third party to grant you the necessary use rights.

You hereby undertake to immediately inform EEVEE of any claim from any third party based on an alleged breach by EEVEE of the Intellectual Property rights of third parties as well as to provide all information and support related thereto. You hereby grant EEVEE the right to conduct any legal proceedings and negotiations in connection with such a claim. In the event of such a claim, EEVEE may, at its sole discretion: (i) adapt the allegedly infringing component of the EEVEE App or Services related thereto in order to remedy the alleged breach, (ii) obtain the right on your behalf to continue using the relevant component, or, (iii) should EEVEE be of the opinion that neither of those options can reasonably be achieved, terminate the Agreement. The foregoing sets out your sole and exclusive cure and remedy you will have in the event of any third party claim specifically excluding any claim for compensation or refund.

4. Use of the EEVEE App

You must use the EEVEE App in accordance with these General Terms and Conditions.

In order to access and use the EEVEE App, you may be required to have certain compatible hardware and software (which may be subject to a fee due to a third party), which is your sole responsibility. Periodic updates may also be required. Your use of the EEVEE App may be affected by the functioning of all these elements which are not under the control of EEVEE.

You warrant that you will provide accurate and complete information when registering for or using the EEVEE App and that you will update your registration data to keep them accurate and complete.

You acknowledge and agree to use the EEVEE App at your own risk, with due care and diligence and subject to compliance with all applicable regulations.

You are exclusively responsible for maintaining the security and confidentiality of your EEVEE account, including your login information. You agree to notify EEVEE immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at talk@eeveeapp.com. You are responsible for all use of the EEVEE App occurring under your EEVEE account. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. EEVEE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by EEVEE or another party due to someone else using your account or password. You agree to indemnify, defend, and hold harmless EEVEE and its customers, vendors, affiliates, employees, directors, and agents from and against any claims, losses, damages, and other harm arising in connection with the unauthorized use (including without limitation any use by a person or entity other than you, and any use not expressly permitted by these General Terms and Conditions of your login information.

You may use the EEVEE App solely for lawful purposes, as intended through the provided functionality of the EEVEE App. You may not use the EEVEE App in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the EEVEE App. You may not attempt to gain unauthorized access to the EEVEE App, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):

modify, alter, reproduce, or distribute the EEVEE App;
rent, lease, lend, sell, redistribute, or sublicense the EEVEE App;
copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the EEVEE App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law);
attempt to disable or circumvent any security or other technological measure designed to protect the EEVEE App or any content available through the EEVEE App;
remove or alter any copyright, trademark or other proprietary rights notices contained in or on the EEVEE App or in or on any content or other material obtained through the EEVEE App or the use of the EEVEE App;
create user accounts by automated means or under false or fraudulent pretenses;
use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the EEVEE App;
probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
reformat, mirror, or frame any portion of the web pages that are part of the EEVEE App;
post or transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, contains offensive language (e.g., words that are customarily considered “curse words”), or nudity, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the EEVEE App or its contents
harvest or collect information about other users without their prior written consent;
otherwise engage in activities that could violate the privacy rights of others;
harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including EEVEE employees and other users;
create a new account with EEVEE, without EEVEE’s express written consent, if EEVEE previously disabled an account of yours;
violate any applicable federal, state or local laws, regulations or these General Terms and Conditions; nor
use or access the EEVEE App to build a competing service.

5. Liability

The duties and responsibilities of EEVEE under this Agreement shall be limited to those expressly set forth and undertaken therein.

YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE EEVEE APP AND THE POSSIBLE RISKS INVOLVED IN USING THE EEVEE APP. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

EEVEE shall not be liable for any loss (i.e. loss, liability, cost, damages, claim, fees, charges and expenses) directly or indirectly resulting from or in any way connected with:

The inaccuracy and/or incompleteness of the information provided on/via the EEVEE App and/or the use of such information;
The access/use of the EEVEE App or the impossibility of or delay in the access/use of the EEVEE App (including but not limited to the impossibility of or delay in the access/use of any component of the EEVEE App);
Any loss of charge from your vehicle’s battery when parked – we do our utmost best to reduce this loss as much as possible;
The malfunctioning of your device or of any electronic communication network in general of any third party software or hardware;
Any reason beyond EEVEE’s control, including cases of Force Majeure. For the purposes of this Agreement, Force Majeure shall be understood to mean any unforeseen event which is beyond the reasonable control of EEVEE and which prevents or delays performance by EEVEE (or any person acting on its behalf) of any of its obligations under this Agreement, including but not limited to: natural disasters, epidemic or pandemic, outbreak or escalation of hostilities (whether or not war has been declared), hacking or internet attack that could not be prevented with reasonable security measures, or any other unlawful act against public order or authority, unpredictable acts of the authorities, strike or other labour dispute, government restraint, power or electronic communication network disruption, suspension of payments, insolvency, receivership, administration, bankruptcy or liquidation of any third party;
Any delay, data loss or damage in the context of transmission between the EEVEE App and the receiver;
The negligent, illegal, unethical, fraudulent or criminal acts or omissions of EEVEE’s service providers and/or any third party;
Hacking and/or the spread of computer viruses, bugs or any other malware, malfunctions or errors;
Any breach by you of any provision of these General Terms and Conditions and/or any abnormal or incorrect use of the EEVEE App.

EEVEE reserves the right at all times, for any reason, and without notice to: (i) restrict, deactivate, and/or terminate your access to the EEVEE App (or any part thereof); and (ii) modify or discontinue providing the EEVEE App (or any part thereof). You agree that EEVEE will not be liable to you or any third party for any termination or modification to the EEVEE App regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of the EEVEE App made by us is to terminate your use of the EEVEE App.

WITHOUT LIMITING THE FOREGOING AND UNLESS SPECIFICALLY PROVIDED OTHERWISE BY APPLICABLE MANDATORY LAW, UNDER NO CIRCUMSTANCES SHALL EEVEE BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO CLIENTELE, LOSS OF DATA, LOSS OF EARNINGS, LOSS OF PROFITS, DISRUPTION OF BUSINESS, CLAIMS FROM THIRD PARTIES (OTHER THAN AS SET OUT IN ARTICLE 4 HEREOF RELATING TO THE ALLEGED INFRINGEMENT OF THIRD PARTY RIGHTS) , REPUTATION OR EXPECTED SAVINGS EVEN IF EEVEE WAS ADVISED OR WAS OTHERWISE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE;
ANY DIRECT LOSS OTHER THAN CAUSED EXCLUSIVELY BY EEVEE’S OWN GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

TO THE EXTENT PERMITTED BY MANDATORY LAW AND NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE AGGREGATE LIABILITY OF EEVEE UNDER THE AGREEMENT FOR ANY AND ALL LOSSES SUFFERED OR INCURRED BY YOU AND WHICH IS NOT SPECIFICALLY EXCLUDED HEREIN, SHALL NOT EXCEED 500 EUR IRRESPECTIBE OF THE LEGAL GROUND INVOKED INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTIES, TORT OR ANY OTHER LEGAL THEORY.

This Title applies regardless of the legal grounds or nature of the claim.

6. Disclaimer of warranties

While EEVEE will use reasonable efforts to ensure that all information and documentation relating to the EEVEE App is correct, accuracy cannot be guaranteed and EEVEE cannot assume any responsibility or liability for the accuracy, completeness or authenticity of any information.

THE EEVEE APP AND ANY OF ITS COMPONENTS ARE PROVIDED ON AN “AS AVAILABLE” OR “AS IS” BASIS. WITHOUT PREJUDICE TO THE MANDATORY PROVISIONS OF APPLICABLE LAW, ALL FURTHER WARRANTIES EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY OF INFORMATION OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM EEVEE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY MANDATORY LAW, EEVEE DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE EEVEE APP OR RELATED SOFTWARE AND ITS SERVICES EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT OR REGARDING THE FACT THAT THEY WILL OPERATE ERROR-FREE AT ALL TIMES, THAT DEFECTS WHICH DO NOT MATERIALLY AFFECT THE PROVISION OF THE SERVICES WILL BE CORRECTED OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE EEVEE APP IS AT YOUR OWN RISK. Any content downloaded or otherwise obtained through the EEVEE App is provided at your own risk, and you are solely responsible for any damage that may result from your use of the EEVEE App.

EEVEE will make all commercially reasonable efforts to ensure that the EEVEE App is accessible or available 24/7, but cannot guarantee this. EEVEE is entitled to make the EEVEE App (temporarily) inaccessible or unavailable in order to optimise the EEVEE App, for maintenance or due to a technical requirements, without this list being exhaustive.

7. Your liability

You may be held liable to indemnify EEVEE for any damages suffered by it, including without limitation reasonable attorneys' fees, following from: (i) a violation of these General Terms and Conditions by you; (ii) your misuse of the EEVEE App; or (iii) a violation or infringement of copyright or other Intellectual Property or other rights of third parties within the context of the (use of the) EEVEE App.

8. Privacy

Your personal data will be processed in accordance with our Privacy Policy which is available here: https://eeveeapp.com/privacy

As long as this Agreement remains in force between you and EEVEE, you hereby irrevocably appoint EEVEE as your attorney-in-fact by granting power of attorney to EEVEE to exercise all of your rights as a data subject pursuant to EU Regulation 2016/679 (i.e. the General Data Protection Regulation or GDPR) and/or any other national data protection regulation, specifically in relation to the manufacturer of your (battery) electric vehicle, its respective dealerships and/or service centres and specifically relating to your right as a data subject to data portability pursuant inter alia to article 20 of the GDPR to the extent that the GDPR applies to you. You consent to the fact that pursuant inter alia to article 20.2 of the GDPR any relevant personal data will be transmitted directly from said third parties to EEVEE.

9. Right of withdrawal – right of Termination

By creating your EEVEE account, you request that the Services start as from that time. As a consequence, you cannot withdraw from your acquisition of the EEVEE App. However, you can always cease to use the EEVEE App at any time or terminate the Agreement with EEVEE, thereby following the procedure described below.

The Agreement between EEVEE and you regarding the EEVEE App is concluded for an undefined term. You may at any time terminate this Agreement with immediate effect, without compensation and without prior notice, by clicking on ‘deactivate and delete the account’. In this case, you may reactivate the account for a period of thirty (30) days. After this period, we will delete your account and it will no longer be possible to reactivate the account.

EEVEE may at any time terminate the Agreement or any of the services relating to the EEVEE App without compensation with one (1) month prior notice to you.

Without prejudice to its other rights available by law or under the Agreement, EEVEE may, at its own discretion, either terminate this Agreement with immediate effect or suspend the performance of this Agreement, deny or restrict your access to the EEVEE App at any time if you use the EEVEE app in any way that is contrary to these General Terms and Conditions, including in the following cases without this list being exhaustive:

if EEVEE becomes aware of facts that jeopardise the relationship of trust between you and EEVEE or that harm or threaten to harm EEVEE’s reputation;
in case of use of the EEVEE App, for fraudulent or illegal purposes;
if you do any of the following via the EEVEE App: 'spamming', 'hacking', 'phishing', 'pharming'.

10. Various

Entire Agreement – These General Terms and Conditions and the EEVEE Privacy Policy constitute the entire agreement between you and EEVEE pertaining to the EEVEE App, including all updates/upgrades provided to replace and/or supplement the original app, and to your access to and use thereof.

Assignment – This Agreement may not be assigned or transferred by you, without the prior written consent of EEVEE. EEVEE may assign its rights and transfer its obligations at any time provided it ensures that your rights are still adequately safeguarded after that transfer.

Feedback – If you provide any feedback to EEVEE concerning the functionality and performance of the EEVEE App (including identifying potential errors and improvements), you hereby assign to EEVEE all right, title, and interest in and to such feedback, and EEVEE is free to use such feedback without payment or restriction.

Severability – If any provision of these General Terms and Conditions shall be held to be invalid, illegal or unenforceable, both Parties shall be relieved of all rights and obligations arising under such provision but only to the extent that such provision is invalid, illegal or unenforceable and provided that each such provision shall be modified to the extent necessary to make it valid, legal and enforceable whilst preserving the intent of the parties. All other provisions of these General Terms and Conditions shall be regarded as fully valid and enforceable unless otherwise proved.

No waiver – EEVEE’s failure to enforce any provision of these General Terms and Conditions or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.

Applicable law and competent jurisdiction – If you are not in the USA, these General Terms and Conditions shall be governed by and construed in accordance with Belgian law and any dispute arising out of or in connection with these General Terms and Conditions or the EEVEE App shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with those Rules (https://www.cepani.be/contact-us/). The arbitral tribunal shall be composed of one or three arbiters depending on the value of your claim as determined by the CEPANI Rules of Arbitration. The proceedings shall be conducted in English and seat of the arbitration shall be Brussels, Belgium; the applicable law shall be Belgian law.

If you are in the United States of America, if a dispute does arise out of these General Terms and Conditions or in relation to your use of the EEVEE app, then the dispute will be resolved in the federal or state courts located in Wilmington, State of Delaware, USA. Both parties consent to the exclusive jurisdiction and venue of the Wilmington, State of Delaware courts for the purpose of resolving any such dispute.

If you are based in the United States of America, Delaware law, excluding its conflict of law provisions, governs these General Terms and Conditions and all other policies (including, without limitation, the Privacy Policy), and any dispute that arises between you and EEVEE.

11. Contact

If you have any questions about our services, the EEVEE App or these General Terms and Conditions, you can contact us by e-mail at talk@eeveeapp.com or by regular mail to: EEVEE BV, Watertorenstraat 2, 3590 Diepenbeek, BELGIUM.