1. Definitions

   1. Terms and Conditions: These general terms and conditions.
   2. Service provider: EV.analytica Limited Liability Company. The Service Provider qualifies as an electromobility service provider pursuant to Section 45/B. Section 3 of the Hungarian Civil Code.
   3. Website: a https://www.evanalytica.com/ website available at.
   4. Application: The mobile application called EV.app, developed for Android and iOS operating systems, allows the User to use the Service.
   5. User: that is natural or legal personwho downloads the Application, registers and uses the Service.
   6. I’m afraid:The Service Provider and the User.
   7. Electromobility service: electromobility service pursuant to Section 45/B. Section 2 of the Civil Code, i.e. the charging of the electric energy storage of an electrically powered vehicle at a public electric charging facility and the provision of related services based on a permanent legal relationship or occasional charging.
   8. Service: all digital services related to the Electromobility service provided through the Application, including in particular: Displaying, filtering, recommending charging points, starting navigation, initiating and managing reservations, starting/stopping charging, payment, accessing billing documents, and additional functions introduced in the future.
   9. Filling point/Filling equipment: An electric charging device operated by a Partner/Charging Point Operator pursuant to Section 5 of the Act on the Charging of Electric Vehicles and its charging point pursuant to Section 6 thereof.
   10. Kkt:Act I of 1988 on Road Transport.
   11. Mobile phone regulation:Government Decree 243/2019. (X. 22.) on certain issues of electromobility services
   12. Partner/Charging point operator: a third party that has a contractual relationship with the Service Provider An electric charging facility operator, as defined in Section 11 of Section 45/B of the Act on the Civil Code, who, in possession of an operating permit, operates the charging facility and has control over the charging infrastructure.
   13. Reservation: the function within the framework of which the Service Provider (if technically supported by the given Charging Point) temporarily reserves or blocks a charging point/charging connection for the User in order to facilitate their arrival.
   14. Pre-card blocking / pre-authorization: a pre-determined amount of blocking executed through the Payment Service Provider to cover the expected charging fee, which will be settled after the charging is completed. When the blocked amount is reached, the Charging will be automatically stopped or interrupted.
   15. Billing information: data provided by the User, necessary for invoicing to a private individual or company.
   16. Payment service provider: The Service Provider uses the electronic payment system of Stripe, Inc. The card details provided in the Stripe payment system are not forwarded to the Service Provider, they are handled exclusively by Stripe in accordance with its effective regulations. The Service Provider is not responsible for the handling of the data provided in the payment system operated by Stripe. By successfully recording the Payment Method, the User accepts the contents of the Stripe GTC, more information about which can be found in https://stripe.com/en-hu available on the page.
   17. Payment method:bank card, Apple Pay, Google Pay.
   18. Vis Maior: an unforeseeable event or set of events beyond the control of the Parties, the occurrence of which the Party concerned cannot prevent, avert or substantially reduce its effects even with due diligence, and which partially or completely hinders or makes impossible the performance of the obligations under these GTC. A Force Majeure event is considered to be, in particular – but not exclusively – an extraordinary event of natural origin (such as earthquake, flood, storm, fire, epidemic), as well as armed conflict, riot, strike, official or government action, restriction or closure of transport infrastructure, import or export ban, widespread outage affecting energy or telecommunications networks, and any technical or market circumstances not attributable to the Party concerned that make contractual performance objectively impossible. A circumstance that occurs for a reason within the scope of the Party concerned and that can be attributed to it is not considered to be a Force Majeure event.

2. Purpose, scope and amendment of the gtc

   1. The purpose of these GTC is to define the basic conditions between the Service Provider and the User for the use of the Service.
   2. The personal scope of these GTC extends to the Service Provider and the User.
   3. The GTC is effective from the date indicated under the title until withdrawn (temporal effect).
   4. These GTC shall enter into force upon publication on the Service Provider’s website and in the Application. The GTC shall be binding on the User from the time the User expressly accepts them during registration (checkbox/slider) and the registration is successfully completed.
   5. The Service Provider reserves the right to amend or repeal these GTC at its discretion and in accordance with the conditions set out in these GTC. The Service Provider is entitled to unilaterally amend these GTC, of ​​which it shall notify the User electronically via the Application at least 15 days prior to the entry into force of the amendment and shall also make the fact and content of the amendment available for download and sharing via the Application and Website. If the User continues to use the Service after the entry into force of the amended GTC, the User accepts the amended GTC with the content according to the amended conditions.
   6. The Service Provider reserves the right to change the method and conditions of providing the Service, in compliance with the provisions on amending the GTC, or to limit or terminate the provision of the Service.
   7. If any provision of the GTC is or later becomes invalid or unenforceable, the validity of the other provisions of the GTC shall not be affected. In such case, the Parties shall be obliged to replace the invalid or unenforceable provision with a provision that comes as close as possible to its original objectives.

3. Brief description of the service

   1. The Service Provider operates a digital platform through the Application that enables Users to use electromobility services using the functions available in the Application. Within the framework of the Service, the User is particularly bound by these GTCRANGE OF SERVICESYou can access the functions and services specified in the chapter.
   2. The Service Provider does not operate the electric Charging Devices displayed in the Application itself, but rather they are operated by Partners/Charging Point Operators who have a contractual relationship with the Service Provider. The Service Provider acts as an electromobility service provider pursuant to the Emobi Regulation and connects the User with the Charging Point Operator.
   3. The Service Provider carries out its activities in accordance with the provisions of Government Decree 243/2019. (X. 22.) on certain issues of electromobility services (Emobi. Decree) applicable to electromobility service providers.

4. General terms of use

   1. The Service can be used by the User through the Application, after registration and acceptance of these GTC. The Application can be downloaded by anyone who has a suitable device running Android or Apple iOS or iPadOS.
   2. The Service Provider will do its utmost to ensure that the Service is available to the User continuously and without interruption, but cannot guarantee that the Service will be available, continuous, timely or error-free in all cases.
   3. The Service Provider is entitled to temporarily suspend the provision of the Services for necessary troubleshooting, maintenance, security reasons, or reasons arising on the part of external service providers or Partners.
   4. The availability and status of Charging Points (free/occupied, operational, performance, etc.) may change beyond the control of the Service Provider. The Service Provider does not guarantee that the status displayed in the Application always corresponds to the real-time physical status.
   5. The Service Provider may refuse to provide the Services to the User if required by law or an official or court decision, or if the User uses a Service in a manner that conflicts with the GTC or otherwise unlawfully or for purposes other than its intended purpose (in particular, if the User damages the Charging Point or accesses it without authorization).

5. Registration

   1. Before using the Service, the User downloads and installs the Application on his/her Mobile Device from the application store (AppStore, Google Play) corresponding to the Mobile Device’s operating system (IOS, Android).
   2. After downloading the Application, the User is required to register in the Application and create a User Account. Registration is free of charge.
   3. Mandatory data and steps to be provided during registration:
      1. enter your email address, then
      2. e-mail authentication: the Service Provider sends a verification code to the provided e-mail address, which the User must enter in the Application;
      3. providing vehicle data to provide personalized charging recommendations and charging tips, in particular:
         1. brand, model, type, year,
         2. battery capacity,
         3. connector type,
         4. license plate.
      4. enter billing information
   4. The User may also register with a social account (e.g. Google ID/Meta). In this case, the General Terms and Conditions and data processing information applicable to accounts shall also apply to the Registration.
   5. When recording a payment method, the User must enter the name on the card, card number, expiration date and CVC for bank card payments. In the case of Apple Pay/Google Pay, the recording is done using the solution set on the User’s device. The User provides the bank card data directly to the Payment Service Provider, so they do not come into the possession of the Service Provider.
   6. The Service Provider expressly excludes all liability arising from online payments, which the User expressly accepts.
   7. During registration, the User must accept the GTC by using a checkbox/slider and declare that they have read the Data Protection Notice.
   8. The Application may request location data access permission in connection with its operation, details of which are contained in the Data Management Notice.
   9. The User can optionally specify charging preferences (up to three priorities) that the system can use for recommendations.
   10. During the registration process, the Service Provider continuously provides the User with the opportunity to correct the data provided by him/her through the Application. The Service Provider also provides the opportunity to correct the data provided by the User after Registration.
   11. The User is obliged to record accurate data in all cases. The Service Provider is not liable for any damages resulting from recording false data.
   12. By registering, the User acknowledges that the Service Provider may send informational and marketing messages (newsletters) to the e-mail address provided by him/her (related to the Service, its development, new functions, related offers, discounts and campaigns). The User may withdraw his/her consent at any time, without giving any reason, via the unsubscribe button at the bottom of the e-mail. Unsubscribing does not affect the User’s access to and use of the Services. The rules for data processing for marketing purposes are contained in the Data Processing Information.

6. Account settings, customization

   1. The User is entitled to enter and modify the data related to his/her User account in the “My Data” menu item within the Application, including the “Account Settings” interface. He/she can enter linked contact details, connect additional identifiers, and optionally your last name, first name, city, year of birth and gender.
   2. The User is entitled to record, edit or delete one or more vehicles under the “My Vehicles” menu item.
   3. The User is entitled to create a new billing profile, modify or delete an existing one under the “Billing Profiles” menu item. The User can assign the given vehicle to the billing profile, select the account type (private individual or company), and provide the data required for billing.
   4. In the case of a private individual, the User may in particular provide a first name, last name, billing email address and billing address.
   5. In the case of corporate billing, the contact person’s first name, last name, billing email address, phone number, company name and tax number, and billing address must be provided.
   6. By selecting the “Payment Settings” menu item, the User is entitled to record or modify the Payment Method, in particular to set up the use of Google Pay, Apple Pay, or to provide bank card details. By recording the bank card, the User expressly consents to the Application charging the card for future payments in accordance with the conditions set out in these GTC.
   7. Under the “Charging history” menu item, the User can view the charging history and related information detailed in the Services chapter of these GTC.
   8. In the “Charging settings” menu item, the User is entitled to select the priorities they consider most important, in particular: fast charging, nearby charging point, low price, easy accessibility, plug&charge availability, free parking, services.
   9. In the “My RFID code” menu item, the User is authorized to display an RFID identifier and use it to use his/her own physical token.
   10. The User may log out of the Application at any time using the “Log Out” function. After logging out, the User may log in again by entering their email address and entering the confirmation code sent to their email address within the application, or by using a social account (e.g. Google ID, Meta).
   11. In the “Application Settings” menu item, the User is entitled to change, in particular, notification settings, default navigation application, appearance settings, language, multi-factor authentication, biometric identification, and the displayed currency.
   12. Under the “Support” menu item, the User can access frequently asked questions, troubleshooting options, the Service Provider’s website, these GTC, the data protection information, and links to the Service Provider’s social media platforms.

7. Range of services

   1. The User can use the following services through the Application:
      1. SEARCH, FILTER, AND DISPLAY CHARGING POINTS
         1. The User can view the Charging Points made available by the Service Provider on the map interface of the Application.The Charging Points are not operated by the Service Provider, the Service Provider does not qualify as an electric charging equipment operator under the Act on the Use of the Charging Point, and by using the Charging Point, the User enters into a contractual relationship with the Partner. The Service Provider is not liable for the performance of the contract by the Partner and is not liable for any damages caused by the Partner or within the Partner’s sphere of interest.The Application may display data related to the Charging Points – in particular their operator, location, charging time, maximum power, distance from the User, number and type of available connectors, availability of the plug&charge function, unit price (kWh-based fee), possible time-based charging (e.g. after a specified period), service fee, and estimated net and gross costs. The information displayed is based on data provided by the Service Provider or the Partner/Charging Point Operator and the Service Provider is not responsible for its content. The Service Provider does not guarantee that the Charging Point displayed in the Application is actually free, operational or immediately usable in all cases, as the current status of the Charging Point may change due to circumstances beyond the Service Provider’s control (in particular use by other Users, technical failure, maintenance or outage).
         2. The Application may display charging point recommendations and charging tips based on the vehicle data, preferences and (if the User has consented to this) location data provided by the User.
      2. START ROUTE PLANNING AND NAVIGATION
         1. The User can plan a route through the Application and start navigation to the selected Charging Point. The Service Provider states that it is not responsible for the route planning and navigation. During the route planning, the User can specify, among other things, the current charge level of the vehicle, the minimum charge expected upon arrival at the destination, and their preferences regarding stops (e.g. fewer, longer stops; fastest arrival; more, shorter stops). Navigation is typically done by opening an external, third-party operated navigation application (e.g. Waze, Google Maps, Apple Maps).
         2. The route planning function uses an algorithmic calculation based on data provided by the User and information from external service providers. The Service Provider is not responsible for changes in the route, traffic incidents, weather conditions, charging point outages or different consumption values.
      3. (WHERE AVAILABLE) START A CHARGING RESERVATION
         1. If technically supported by the given Charging Point, the User can initiate a Charging Point or charging connection reservation through the Application. The purpose of the reservation is to facilitate the User’s arrival and use of the Charging Point, is time-limited and does not provide an exclusive or unconditional right of use. The Service Provider is entitled to cancel the reservation for technical, operational or timeout reasons.
            Detailed rules regarding the operation of the booking initiation are set out in these GTC.CHARGER RESERVATION is included in the chapter entitled
      4. STARTING AND STOPPING CHARGING
         1. The User has the right to start and stop the charging process through the Application. Detailed rules for starting and ending the charging process are set out in these GTC.EMBANKMENTis included in the chapter entitled
      5. PAYMENT WITH BANK CARD, APPLE PAY OR GOOGLE PAY
         1. The User is entitled to manage the recorded payment methods in the Application, in particular to add a new bank card, modify or delete an existing payment method. The payment for the charging service is made using the payment method recorded in the Application. The detailed rules for payment of fees are set out in these GTC.PAYMENT OF FEESis included in the chapter entitled
      6. ACCESS CHARGING HISTORY AND RELATED DOCUMENTS
         1. The User can view the data of his/her previous charges in the Application. The User can receive information about the time, location, Charging Point operator, amount of energy consumed, charging duration, charging identifier, charging cost, and – according to the relevant billing rules – access itemized invoices or other documents related to the charges.
      7. FUTURE INTRODUCTION OF ADDITIONAL SERVICES AND TERMINATION AND MODIFICATION OF SERVICES
         1. The Service Provider is entitled to introduce future additional services in the Application, in particular marketing campaigns, information or news reading functions, statistical and analytical solutions, and other functions that improve the User experience. The Service Provider is entitled to unilaterally modify, terminate, or limit the services.
   2. The User acknowledges that if payment details and the necessary personal data are not provided, the Service cannot be used in whole or in part, or can only be used to a limited extent.
   3. The Service Provider reserves the right to modify the scope, operation and availability of the Services, introduce new services or discontinue existing services.

8. Charger reservation

   1. Where the Booking function is available, the User initiates the Booking by starting navigation to the selected Charging Point (using the “Go” function available in the Application).
   2. The Service Provider, at the same time as initiating the Reservation, in order to ensure coverage of the expected fees,is entitled to apply Pre-card blocking / pre-authorizationvia the Payment Method specified by the User and the Payment Service Provider. The amount of the lock is always displayed in advance in the Application, which the Service Provider estimates based on the vehicle data provided by the User (in particular the maximum battery capacity), taking into account the theoretical maximum fee for the future Charge.
   3. After starting navigation, the Application calculates the expected arrival based on the location data and the arrival estimate provided by the external navigation service provider. If the Application calculates that the User will arrive at the selected Charging Point within 10 minutes, the Service Provider may forward a request to the Partner/Charging Point Operator to fulfill the Reservation, as a result of which the selected Charging Point/charging connection becomes temporarily unusable for other users during the Reservation period (depending on the technical implementation of the Partner/Charging Point Operator).
   4. The duration of the Reservation is generally 10 minutes, to which the Service Provider provides a grace period of 2 minutes.(together: “Booking Duration”). The Reservation may automatically terminate after the expiration of the Reservation Period.
   5. The User will receive a notification in the Application about the start of the Booking.The User has the right to cancel the Reservation via the Application within 1 (one) minute after starting the Reservation.Cancellation within 1 minute is free of charge. In the event of a free cancellation, the Service Provider will immediately initiate the release of the blocked amount, however, the actual duration of the release may depend on the User’s bank/payment service provider.
   6. If the User arrives within the Booking Period and initiates the Charging, the Service Provider will not charge a separate fee for the Booking, the User is only required to pay the fee elements for the service actually used in accordance with these GTC.
   7. Compensation fee:If the User does not cancel the Booking, but does not initiate the Charging within the Booking Period, the Service Provider is entitled to charge a compensation fee and validate it on the User’s Payment Method, via the Payment Service Provider (including settlement against the Preliminary Card Blocking). The basis for calculating the compensation fee is the compensation for the lost usage due to the Booking. The Service Provider may calculate the fee based on an estimate of the amount of energy expected to be absorbed in 10 minutes at the selected Charging Point, taking into account the theoretical maximum charging capacity of the Charging Point/Charging Equipment and the User’s vehicle. The amount and/or calculation logic of the compensation fee applied at any time will be displayed by the Application at the start of the Booking (or prior to that).
   8. The Service Provider draws attention to the fact that the fulfillment of the Reservation and the actual “locked” status of the Charging Point may depend on the systems of the Partner/Charging Point Operator and data from external navigation service providers, therefore the success and duration of the Reservation may vary. The Service Provider does not guarantee the continuous availability of the Reservation and its successful execution in all cases, and assumes no liability for this.

9. Embankment

   1. Before starting charging, the User must ensure that the charging connector, cable and Charging Device to be used do not show any visible damage or abnormalities upon external visual inspection, and that charging can be started safely.
   2. The User is only entitled to use the charging service if he has registered at least one valid Payment Method in the Application before starting the charging.
   3. To start charging, the User must select the given Charging Device and the appropriate connector in the Application, which can be done in particular (i) by selecting it on the map interface of the Application, or (ii) by scanning the QR code placed on the Charging Device, if this function is available. The User then connects his electric vehicle to the Charging Device and then starts the charging process by using the “Charging” or “Start Charging” function in the Application.The condition for starting the charging is the successful execution of the Preliminary Card Blocking / Pre-Authorization: the Service Provider blocks an amount for charging, corresponding to the theoretical maximum battery capacity (kWh) of the vehicle selected in the Application and the unit price(s) applied at the Charging Point and the applicable fee elements, and reaching the theoretical maximum fee required for full charging, using the Payment Method specified by the User – via the Payment Service Provider (hereinafter referred to as the “blocking amount”).The User acknowledges that the Application may display an indicative estimate of the expected costs (e.g. an amount for a partial charge) based on the current charge level and/or target value provided by the User, which may differ from the blocking amount. The purpose of the blocking amount is to ensure that the charge does not become unsecured due to the lack of available funds. If there are insufficient funds available for blocking, the Application will reject the start of the charge.
   4. The charging process begins when (i) the pre-locking is successfully enabled, (ii) the vehicle is connected to the charging station, and (iii) the User activates charging in the Application. In each case, the Application provides confirmation of the successful start of charging.
   5. During charging, the User receives information about the charging time, from which the actual charging time may differ. The User can initiate the stop of charging from the Application.
   6. The User acknowledges that if the actual charge during the recharge reaches the pre-blocked amount, the recharge process will be automatically interrupted in order to ensure payment coverage. In this case, the recharge can be restarted at the User’s discretion, provided that another Pre-blocking of the card is successfully performed in the Application and sufficient coverage is available.
   7. After stopping the charging, the Application closes the charging based on the available data, sums up the elapsed time, the amount of electricity used (expressed in kWh) and – if the Partner/Charging Point Operator makes the final billing data of the charging available immediately – the fee to be paid (expressed in Hungarian forints), which serves as the basis for billing and settlement. The User acknowledges that in some cases the Partner/Charging Point Operator only transmits the charging summary report containing the final charging fee within a few minutes after the completion of the charging, therefore the Application cannot provide information on the total amount to be paid and the final settlement immediately after stopping the charging in such cases. After receiving the final data, the Application notifies the User, and the invoice (or other settlement document) related to the charging becomes available for download in the Application. The blocking remains in place until the payment of the purchased electricity is settled. If, upon completion of charging, the purchased electricity does not reach the value of the blocked amount, the difference is released (the blocking is released). The Service Provider does not withhold the blocked amount, and initiates its release immediately upon completion of charging, or – if the final settlement data is received with a delay from the Partner/Charging Point Operator – upon their receipt. The actual duration of the release depends on the User’s account-keeping bank, therefore, the time when the blocked amount becomes available again on the bank account may vary from bank to bank, and the Service Provider excludes liability for any resulting damages.
   8. The charging process (and related billing terms, Charging) ends when the transfer of electricity (current consumption) ceases for any reason, in particular (i) when the User presses the “Stop Charging” button in the Application, (ii) when the vehicle reaches the target charge level set by the User or managed by the vehicle/system and the Charging is automatically terminated, or (iii) when the Charging is closed or interrupted for technical reasons. The User acknowledges that the completion of the Charging does not depend on when the charging cable is physically removed. The fact that the cable remains connected does not in itself prolong the Charging and does not mean that electricity consumption continues. The removal of the charging cable, the intended use of the Charging Point, and the procedure following charging (in particular, releasing the connector and leaving the parking space) are the responsibility of the User.
   9. After charging is complete, the User is obliged to leave the parking area belonging to the Charging Point immediately. The parking area can only be used during the charging period and is not intended for waiting, parking or storing vehicles without charging.
   10. To use the Service, the User is obliged to provide internet access and all necessary technical equipment, and to bear the related costs.
   11. When using the charging Service, the User always enters into a contractual relationship directly with the third-party Partner. Accordingly, the third-party Partner is solely responsible for the performance of the service provided by a third party that can be used through the Service Provider’s service. This means that in the case of mediated services, a third party, the Partner, may be held liable for the performance of the contract and for any legal obligations and damages related to this. The User acknowledges that the Partner/Charging Point Operator’s current terms and conditions (GTC) and other contractual provisions are primarily available on the Partner/Charging Point Operator’s own interfaces (in particular on the Partner’s website). It is the User’s responsibility and obligation to familiarize themselves with and check the current terms and conditions.
   12. The User acknowledges that after the start of charging according to this chapter, pursuant to Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society and Section 29 of Government Decree 45/2014 (II. 26.), the User is not entitled to withdraw from the Service provided to him/her through the Application, and is not entitled to claim the consideration for it in cases other than those set out in these GTC.

10. Payment of fees

    1. The User is required to pay a fee for using the charging service.
    2. The fees and fee elements (e.g. kWh-based fee, possible time-based fee, service fee) can be viewed transparently in the Application before starting charging.
    3. The amount of the fees is made up of the prices set by the Partner/Charging Point Operator and the service fees applied by the Service Provider. The Service Provider is entitled to modify the composition and amount of the fee elements, of which the User shall be informed in advance in the Application. The fees indicated in the Application are gross fees.
    4. The bank card to be used for payment can be registered in advance (i.e. before starting a paid recharge) by navigating to the “Payment settings” menu item in the Application. The User is entitled to register multiple bank cards and the User is responsible for entering the card details correctly. When starting the recharge, the User can select the bank card to be debited. Both the debit and the credit on the bank card are carried out in real-time by the Payment Service Provider. The Service Provider does everything possible to protect the card details, however, due to the specific environment of IT, it cannot guarantee that they will not come into the possession of an unauthorized person under any circumstances, so the Service Provider excludes any liability in this regard.
    5. Before initiating the top-up, the Service Provider is entitled to apply a Pre-card blocking/pre-authorization in order to ensure coverage of the expected top-up fee. The blocking amount will always be displayed in advance in the Application.
    6. The User acknowledges that if the actual charge during the recharge reaches the pre-blocked amount, the recharge process may be automatically interrupted in order to ensure payment coverage. The recharge may then be restarted at the User’s discretion, provided that another Pre-blocking of the card is successfully performed and sufficient coverage is available.
    7. The actual fee payable will be finalized and deducted from the payment method provided by the User after the charging process is completed, based on the amount of electricity actually consumed and the applicable fee elements. If the final fee amount is lower than the pre-blocked amount, the difference will be released.
    8. In the event of unsuccessful payment, insufficient funds or rejection by the Payment Service Provider, the Service Provider is entitled to refuse to provide the Service, interrupt the recharge, or limit the User’s account – as set out in the GTC – and the User may not initiate a subsequent recharge until the due debt is settled. If a technical problem occurs during the operation of the payment system, the User is obliged to reimburse the Service Provider for the service used but not paid for by bank card.
    9. The Service Provider issues the invoice in accordance with the billing profile provided by the User and makes it available electronically, via email or in the Application.
    10. The User is responsible for the accuracy of the data provided in the billing profile. Any incorrect billing, delay or other legal consequences resulting from incorrect or incomplete data shall be the responsibility of the User.

11. Electromobility service provided by the service provider

    1. The Service Provider provides and mediates the electromobility service to Users through the Application as an electromobility service provider pursuant to the provisions of the Emobi. Decree. The Service Provider states that it does not qualify as an electric charging point operator.
    2. The Service Provider shall fulfill its obligations specified in the Emobi. Decree within its own competence or within the scope permitted by law (with particular regard to the Emobi. Decree) by using a third party (for example: collaborator, subcontractor). For the purposes of this point 11, “electromobility users” shall be those persons who are considered electromobility users by the Emobi. Decree.
    3. The service provider provides electromobility services to electromobility users within the framework of a permanent or occasional legal relationship.
    4. The Partner fulfills the obligation pursuant to Section 19 of the Emobi. Decree.
    5. The Service Provider ensures that the electromobility user can also use the electromobility service as an occasional charging service, according to the conditions specified in the Application and these GTC.
    6. The Service Provider is liable for any damage caused to the electromobility user in the course of providing the electromobility service, provided that if the damage cannot be traced back to the electromobility service activity of the electric Charging Facility operator, the obligation to comply with the electromobility user does not limit the electric charging facility operator’s further claim enforcement under the general rules of civil law.
    7. The fees and fee elements of the electromobility service available as part of the occasional charging are available on the Service Provider’s electronic interface, in the Application, and – where required by law – on the Charging Devices.
    8. The Service Provider states that the maintenance and operation of customer service related to the operation of electric Charging Devices, in accordance with the Emobi. Decree – in particular during opening hours – by telephone or in person – is the task and responsibility of the given Partner/Charging Point Operator. To facilitate this, the Service Provider displays and embeds the contact details of the Partner/Charging Point Operator’s customer service/emergency number in the Application at each charging point, and provides the opportunity for the User to make a phone call directly to the Partner/Charging Point Operator from the Application. After the call has been initiated, the handling of the error report, troubleshooting, and customer management and complaint handling are carried out according to the Partner/Charging Point Operator’s own processes, under the responsibility of the Partner/Charging Point Operator. The Service Provider assumes no liability for the availability, response time, and content of the administration of the Partner’s customer service.
    9. The Service Provider performs the electromobility service settlement tasks specified in subtitle 6 of the Emobi. Decree.

12. Deletion, restriction of user account and termination of service

    1. The User has the right to initiate the deletion of his/her user account at any time by sending an e-mail to the Service Provider’s customer service email address specified in these GTC.
    2. The user account will be deleted within 30 days of initiating the deletion, provided that the User is still entitled to use the Services after initiating the deletion until the deletion of his/her user account.
    3. The User has the right to restore the User Account and Registration or to revoke the intention to delete it before deleting the User Account. If this is not done, the User may only use the Services again by registering again.
    4. The Service Provider is entitled to delete the User’s account with immediate effect or to suspend the User’s use of the Services if:
       1. the User violates these GTC,
       2. the User’s behavior harms the Service Provider’s reputation or the rights and legitimate interests of others, or
       3. the User’s behavior caused damage to the Service Provider, or
       4. the User provided false or misleading information during registration or use of the Service,
       5. the User fails to pay the Service Fee and/or the fee due for unauthorized occupancy of a Charging Point when due,
       6. if the legal entity User is insolvent, liquidation proceedings have been initiated against it.
    5. In the event of a restriction or immediate deletion for the above reasons, the Service Provider is not obliged to notify the User in advance of its occurrence. The User accepts that the Service Provider is not liable in any way for any damages arising from the deletions or restrictions set out in this section.
    6. In the event of immediate cancellation, the Service Provider is entitled to claim any damages incurred in connection with this against the User.
    7. In addition to the above, the Service Provider reserves the right to
       1. to deactivate any account that has not been active for at least 1 (one) year,
       2. to delete data from deactivated accounts,
       3. to stop the provision of the Application or the Service or access to the Website at any time, for any reason and without prior notice, if it is necessary for the IT security of the Application or the provision of the Service, the security of personal data or for other compelling reasons. In this case, the Service Provider will notify the affected Users by a system message about the restoration of access to the Service or the user account.

13. Data protection

    1. Detailed provisions regarding the processing of User data are contained in the Data Protection Notice, which is available in the Application and at the following link: https://evanalytica.com/privacy-policy/
       The Service Provider processes the data provided by the User in accordance with the provisions of the European Union, in particular REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR), and Hungarian legislation in force at all times.

14. Notifications

    1. Unless otherwise provided in the GTC or the Agreement, communication between the Parties shall, as a general rule, take place electronically, via the e-mail address registered by the User or via the Application. Letters sent electronically shall also be considered a company statement of the Service Provider. With regard to e-mail messages created in accordance with the Agreement, the Parties may not refer to each other or to other third parties, in particular before courts or authorities, that the e-mail communication does not meet the requirements of written documents. In the event of a dispute, the sending party shall bear the burden of proving that it was not he who sent the e-mail or that he did not send it with the received content. The Parties declare that they consider the used e-mail system to be secure.
    2. Notification by electronic means:
       1. The User and the Service Provider shall notify each other of information related to the performance of the contract electronically – at the e-mail address of the Service Provider’s Customer Service or at the e-mail address provided by the User.
       2. Notifications sent electronically to and from the above e-mail addresses by e-mail shall be deemed to have been delivered one business day after sending, in the absence of confirmation.
       3. Notifications and confirmations sent in electronic form, by e-mail, pursuant to the contract are sent to the User or the Service Provider without an official or company signature or replacement identification, which the Parties acknowledge and consider accepted until proven otherwise.
       4. In the event that a dispute arises regarding the identity of the sender or the content of the email, the sender bears the burden of proving that the email was not sent by the person indicated as the sender or that the content received was not the same as the one received.
       5. The Parties declare that they consider the applicable e-mail system to be secure and suitable at the time of conclusion of the contract, and also undertake that if, during the operation of the system, the security of the system is threatened to the best of their knowledge, they will immediately inform the other party of this fact and knowledge. The Parties are liable for damages resulting from delayed information.
       6. The Parties agree that a letter sent electronically (e-mail) shall only be considered an official form of communication where and to the extent expressly permitted by this Agreement.
    3. Notification by registered letter:
       1. If delivery by return receipt requested is required to enforce a claim arising from the legal relationship between the Parties or to make a legal statement, and the recipient Party does not receive the return receipt requested sent to the notification address specified in this contract or, failing that, to its registered office for any reason, the delivery of the letter shall be attempted again. In the event of failure of the repeated delivery, the letter shall be deemed delivered 5 (five) days after the repeated sending.

15. Customer service, complaint handling

    1. In case of any problem, technical error, question or complaint, the User can contact the Service Provider at the following address:
    2. Email: ev.appsupport@evanalytica.com
    3. Mailing address: 1118 Budapest, Zólyomi út 7. 3rd floor, 1.
    4. Phone number: +36303977561
    5. The service provider will record the complaint. The record of the complaint will include the following:
       1. User name, address, email address,
       2. the time and method of submitting the complaint,
       3. the data included in the report, the data necessary for the payment of any compensation (bank account number),
       4. in case of a charging-related complaint: vehicle make and type/model, license plate number, name/address and (if any) identifier of the Charging Point, time/duration of charging, identifier and type of Charging Device (AC/DC), connector type, and charging identifier/transaction identifier (if available);
       5. a detailed description of the User’s complaint, a list of documents, records and other evidence presented by the User,
       6. the Service Provider’s statement on its position regarding the User’s complaint, if immediate investigation of the complaint is possible,
       7. the signature of the person taking the minutes and – with the exception of complaints communicated using electronic communications services – the User,
       8. place and time of recording the minutes,
       9. declaration of familiarization with and acceptance of the data protection information,
    6. The Service Provider supports the handling of complaints through the reporting interface provided in the Application, through which the recording of the necessary data and the identification of the case are faster. The User may also send his complaint in writing to the contact details set out in Sections 15.2–15.3., which the Service Provider shall handle in accordance with the relevant legislation.
    7. The Service Provider shall send its substantive response to the complaint to the user within thirty (30) days by e-mail or in writing, by post, or by letter with return receipt requested. The Service Provider shall justify its position rejecting the complaint.
    8. The Service Provider is obliged to keep the complaint or the minutes taken therefrom and a copy of the substantive response for 5 (five) years and present it to the supervisory authorities upon their request.
    9. In the event of a consumer dispute, the User may contact the conciliation body competent for his/her place of residence or stay. The seat, telephone number, internet address and mailing address of the conciliation bodies can be found atwww.fogyasztovedelem.kormany.huon the website.
    10. In the event of rejection of the complaint, the Service Provider shall inform the User in writing of the authority or conciliation body with which the complaint may be initiated, depending on its nature. The information shall also include the seat, telephone and internet contact details and mailing address of the competent authority or the conciliation body at the consumer’s place of residence or stay. The information shall also include whether the enterprise will use the conciliation body procedure to resolve the consumer dispute.

16. Rights and obligations of the service provider

    1. The Service Provider provides the Services available through the Application with the care expected of it and in accordance with the applicable laws. The Service Provider provides information in the Application about the available Charging Points and their associated Charging Devices for informational purposes. The Service Provider draws the User’s attention to the fact that the actual charging performance, speed and capacity depend on numerous factors beyond the Service Provider’s control, in particular the type and technical parameters of the electric vehicle, the current charge level of the battery, the charging connector used, as well as the current load of the Charging Point, weather, etc.
    2. The Service Provider cannot be held liable for the consequences arising from the User’s violation of the provisions of the GTC, especially when using the Service for purposes other than its intended purpose, or if the User’s conduct or omission results from a violation of rules or laws accepted by the User.
    3. The Service Provider shall not be liable for any direct or indirect damages caused to another User by a User’s breach of contract, including lost profits and consequential damages, arising from the use of the Service. The Service Provider limits its liability to liability for conduct harmful to life, physical integrity, or health and to damages resulting from the intentional conduct of the Service Provider. The Service Provider shall not be liable in the event of Force Majeure or for technical disruptions, in particular, but not exclusively, for electrical, internet, or computer network outages, and shall not be liable for damages resulting from improper use of the Application, and shall not be liable for or compensate for damages attributable to circumstances beyond its control.
    4. The Service Provider is not liable for any damages resulting from the use of the Application, its improper operation, or the deletion of any part or content of the Application.
    5. The Service Provider is not liable for any damage caused to the electric vehicle or other property when using charging equipment owned or operated by a third party (in particular the Charging Point Operator or the area operator), or for any consequences arising from the application of site or area usage conditions determined by such third parties.
    6. The Service Provider is not responsible for the accuracy or completeness of additional information from third parties (especially traffic information) displayed in the Application.
    7. The Service Provider is entitled to segment (perform profiling) data generated and collected based on these GTC for the purposes set out in the Data Management Information.
    8. The Service Provider is entitled to send notifications related to the performance of the Contract without the User’s separate consent; separate data processing consent is not required for these requests, as they do not qualify as requests for advertising purposes.
    9. The Service Provider acts solely as an intermediary in relation to the services that the Partner/Charging Point Operator provides to the User in its own name and for its own benefit. The Service Provider does not assume any express or implied warranty with regard to these services, beyond the warranty and liability rules mandatory required by law, and is not liable for their performance. The User must settle any complaints, claims, objections or disputes related to the provision of such services directly with the Charging Point Operator.
    10. In particular, the Service Provider assumes no responsibility for whether the User is entitled to deduct, reclaim or settle general sales tax, excise tax or other similar public charges in connection with the services used.
    11. The Partner/Charging Point Operator is responsible for the safety of the given Charging Equipment/Charging Point and the devices required for charging, as well as their proper and legal operation, as the case may be. To the fullest extent permitted by applicable law, the Service Provider excludes liability for faults related to the Charging Equipment/Charging Points operated by the Partner and/or the devices used for charging, as well as for damages occurring during the charging process.

17. User rights and obligations

    1. The User is obliged to comply with the provisions of these GTC and to pay the fee. In order to ensure payment of the fee, the User is obliged to have a valid payment method and adequate funds before using the Service.
    2. The User is responsible for using the Service only with an electric vehicle and connection cable that is suitable for its intended use and complies with applicable laws, standards, and the specifications of the vehicle and Charging Equipment manufacturers. The User is fully liable for any damages resulting from a breach of this obligation.
    3. The User acknowledges that the Charging Devices are high-voltage electrical devices that can only be used to charge electric vehicles. The User is solely responsible for the safe and proper use of the Charging Device, the vehicle and related accessories. The Service Provider is not liable for any damages resulting from intentional or negligent or improper use.
    4. The User is obliged to indemnify the Service Provider from any damages or costs that a third party may claim against the Service Provider due to the User’s breach of contract (violation of the provisions of the GTC or other rules relating to the use of the Service).
    5. The User is responsible for the correctness of the vehicle data recorded in the Application (in particular the vehicle type, connector type, technical characteristics). Any damage and consequences resulting from incorrect or incorrect settings or data recording are solely the responsibility of the User.
    6. The User is obliged to ensure that the technical condition of the vehicle, the connection cable and other accessories used are adequate and safe before starting each charging. If the User notices damage or abnormality on the Charging Equipment, he/she may not start using the Service and is obliged to immediately report the error to the Service Provider or Partner/Charging Point Operator.
    7. The User is obliged to comply with the national and local regulations in force at all times regarding the Charging Point, parking and use of the location, as well as the regulations of the Charging Point Operator.
    8. The Services can only be used through the Application, therefore the User must have a properly functioning device with an Android or iOS operating system and an active internet connection when using the Service.
    9. The User is fully liable for damages for any breach of these GTC and other rules relating to the use of the Service. He/she is exempted if he/she proves that the breach of contract was caused by circumstances beyond his/her control, unforeseen at the time of conclusion of the contract, and the User could not have been expected to avoid the circumstances or prevent the damage.
    10. The User guarantees that the data provided by him/her during the Registration and User Account filling with data, or during the use of the Service, is always true and valid, usable (e.g. email address). The User undertakes to use the Application for the purpose and in accordance with applicable laws to use the Service, not to abuse it and to demonstrate legality, fairness and generally expected behavior towards other Users. The Service Provider shall not be held liable for any damage resulting from the failure to notify if the notification could not be delivered because the User did not maintain his/her provided e-mail address, address or any data as set out in this section or provided a false e-mail address or residential (registered) address.
    11. The User is obliged to store the data required to log in to his/her User account and thus to use the Service through it in a protected manner, inaccessible to third parties. The Service Provider is not liable for any damages resulting from the fact that these data have become accessible to third parties due to reasons attributable to the User.
    12. The User is obliged to fully comply with the charging conditions and rules set by the Partner/Charging Point Operator, as well as all other regulations in force at the charging location. In particular, he is obliged to comply with the operating instructions, road traffic and parking rules, and the house rules or parking regulations valid at the given location. Unauthorized parking or parking for a longer period than permitted may result in additional fees or costs.
    13. The User is responsible for compliance with these GTC in accordance with applicable law and is obliged to fully indemnify the Service Provider for any damage and to exempt the Service Provider from any claim, demand or procedure asserted by a third party that arises in connection with the User’s violation of this provision.

18. Copyright: logo, brand name, marketing

    1. The User does not acquire any rights or entitlements to any copyrighted work that appears during the use of the Website, the Application, or the Service.
    2. All copyright and other intellectual property rights related to the Application, the Service, and the Service Provider’s marks belong to the Service Provider or its legal collaborators.

19. Warranty of merchantability, product warranty, termination, termination

    1. TODO

20. General provisions

    1. The Service Provider is entitled to involve Contributors in the performance of its obligations under the GTC, within the framework provided for by law. The Service Provider is responsible for the performance of the Contributors as if it had acted itself.
    2. These GTC and the legal relationship between the Parties are governed by the rules of Hungarian law, in particular Act V of 2013 on the Civil Code and Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses. The Parties agree to the exclusive jurisdiction of the Hungarian courts in the event of their legal dispute. In the case of a consumer contract, the choice of law by the Parties may not result in the consumer being deprived of the protection provided by provisions that cannot be derogated from by agreement – ​​in accordance with the law applicable in the absence of a choice of law, i.e. the law of the consumer’s habitual residence.
    3. The Parties shall attempt to resolve any disputes relating to the contract amicably. Any disputes that cannot be resolved amicably shall be resolved by the Parties before a competent court having jurisdiction in accordance with the Code of Civil Procedure in force at all times. The Parties agree to the jurisdiction of the Hungarian courts.
    4. The Parties are obliged to inform each other in the event of any fact, data, circumstances or information that is significant for the use of the Service. If there is a change in the User’s data, the User is obliged to notify the Service Provider of the scope of data affected by the change and to report the new valid data via the Application within 5 (five) calendar days of the change.

2026.03.01.

EV.analytica Ltd.