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, email@example.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.
The capitalised terms in these General Terms and Conditions shall have the following meaning:
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 for valid reasons (including, without limitation, related to complying with new laws or regulations, changes related to the introduction of new functionality of the EEVEE App or ensuring the continuity of further development or availability of the EEVEE App or of EEVEE itself) 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.
We reserve the right to introduce charges for the Services with prior notice of two (2) weeks to you. These charges may change from time to time. More details on the applicable charges will be available at all times on our website. In the event the EEVEE App is no longer free to use and/or download, you have the right to terminate the Agreement. Charges will be introduced for valid reasons only (including, without limitation, related to coverings cost to comply with laws or regulations, the introduction of new functionality of the EEVEE App or ensuring the continuity of further development or availability of the EEVEE App or of EEVEE itself).
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.
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:
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.
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 are responsible for all activities conducted through your EEVEE account by you or anyone else. To the extent permitted by applicable law, EEVEE will not be liable for any loss or damages of any kind that may arise as a result of a third party using EEVEE account or login information, either with or without your consent, unless the use is a consequence of a material failure by EEVEE to perform on its contractual obligations. Within the same limitations, you may be held liable for any losses incurred by EEVEE or another party due to someone else using the above.
The information you transmit to EEVEE's servers (e.g. by e-mail or via the EEVEE App) will not be unlawful or otherwise inappropriate for disclosure. You will scan and remove viruses or other contaminating or destructive elements before transmitting information to EEVEE's servers.
You may not use the EEVEE App to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software (including, without limitation, the EEVEE App), content or Services provided by EEVEE or obtained through the EEVEE App without obtaining EEVEE’s express, prior written consent. This restriction includes any attempt to incorporate any information from the EEVEE App into any other directory, product or service.
The duties and responsibilities of EEVEE under this Agreement shall be limited to those expressly set forth and undertaken therein.
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:
WITHOUT LIMITING THE FOREGOING AND UNLESS SPECIFICALLY PROVIDED OTHERWISE BY APPLICABLE MANDATORY LAW, UNDER NO CIRCUMSTANCES SHALL EEVEE BE LIABLE FOR:
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 FIVE HUNDERD (500) EUR IRRESPECTIBE OF THE LEGAL GROUND INVOKED INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTIES, TORT OR ANY OTHER LEGAL THEORY. IN THE EVENT THAT EEVEE HAS DECIDED TO INTRODUCE CHARGES FOR THE USE OF THE EEVEE APP, EEVEE’S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES SUFFERED OR INCURRED BY YOU AND WHICH IS NOT SPECIFICALLY EXCLUDED HEREIN, SHALL BE CAPPED AT THE TOTAL AMOUNT OF CHARGES YOU PAID FOR USAGE OF THE EEVEE APP DURING THE PAST TWELVE (12) MONTHS OR FIVE HUNDRED (500) EUR WHICHEVER IS HIGHER.
THIS TITLE APPLIES REGARDLESS OF THE LEGAL GROUNDS OR NATURE OF THE CLAIM.
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.
UNLESS MANDATORY LAW PROVIDES OTHERWISE, YOU MAY BE HELD LIABLE TO INDEMNIFY EEVEE FOR ANY DAMAGES SUFFERED BY IT RESULTING FROM OR RELATED TO: (I) AN INTENTIONAL BREACH OF THESE GENERAL TERMS AND CONDITIONS BY YOU OR GROSS NEGLIGENCE OR FRAUD ON YOUR PART; (II) YOUR INTENTIONAL, ILLEGAL OR GROSSLY NEGLIGENT MISUSE OF THE EEVEE APP IN EEVEE’S SOLE DISCRETION BUT SUBJECT TO JUDICIAL REVIEW; OR (III) A VIOLATION OR INFRINGEMENT OF COPYRIGHT OR ANY OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF EEVEE OR ANY THIRD PARTIES WITHIN THE CONTEXT OF THE (USE OF THE) EEVEE APP.
WITHOUT PREJUDICE TO THE FOREGOING AND UNLESS EXPRESSLY PROVIDED ELSEWHERE IN THESE GENERAL TERMS AND CONDITIONS, YOUR TOTAL AGGREGATE LIABILITY FOR BREACH OF THESE GENERAL TERMS AND CONDITIONS SHALL BE LIMITED TO FIVE HUNDRED (500) EUR OR, IN THE EVENT THAT EEVEE HAS DECIDED TO INTRODUCE CHARGES FOR THE USE OF THE EEVEE APP, SHALL BE CAPPED AT THE TOTAL AMOUNT OF CHARGES YOU PAID FOR USAGE OF THE EEVEE APP DURING THE PAST TWELVE (12) MONTHS.
WITHOUT LIMITING THE FOREGOING AND UNLESS SPECIFICALLY PROVIDED OTHERWISE BY APPLICABLE MANDATORY LAW, UNDER NO CIRCUMSTANCES SHALL YOU BE LIABLE TO EEVEE FOR:
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.
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’. The foregoing does not apply if EEVEE is acting as Processor on behalf of a Data Controller. In 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:
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 Belgium, only the competent Courts of Antwerp, Belgium (and not CEPANI) shall have exclusive competence related to any dispute arising out of or in connection with these General Terms and Conditions or the EEVEE App and specifically excluding the arbitration clause contained in this Article 10.
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 firstname.lastname@example.org or by regular mail to: EEVEE BV, Watertorenstraat 2, 3590 Diepenbeek, BELGIUM.