Terms of Use

Introduction

Welcome to the website and application of LLC "EV POWER" (ID No. 405736690) (hereinafter referred to as "EV POWER" or "We/Our"). First and foremost, thank you for using our services ; we are confident they will be beneficial to you.

Please note that accessing or using our website or application in any form or manner, including account registration, constitutes your agreement to these Terms and Conditions (hereinafter referred to as the "Terms and Conditions"). It is implied that you have read, fully agree to this document without any changes, reservations, or exclusions, and undertake the obligation to execute and comply with the conditions defined herein. By marking the relevant field, you confirm your acknowledgment of and agreement to the Terms and Conditions. If you do not agree to the proposed Terms and Conditions, you are obliged to stop using the website and/or application.

EV POWER reserves the right, at its sole discretion, to unilaterally subject the Terms and Conditions to amendments/additions at any time, without prior notice to you, by publicly publishing/posting them on its website/application.

You are obliged to regularly check for changes in the Terms and Conditions. By continuing to use the services after any change to the Terms and Conditions, specifically by logging into your account on the application/website or using it in any form, you confirm that you unconditionally agree to the implemented changes/additions, and no further additional consent from you is required.

Please note that, in parallel with the Terms and Conditions, you are obliged to review the "Privacy Policy," as both documents regulate issues related to your use of the services.

If you have any questions regarding the Terms and Conditions, you can contact us using the following means:

Actual Address: Georgia, Tbilisi, Zovreti Street, 37
Email Address: info@evpower.ge
Phone Number: +995 3220 888 09

General Provisions

Access to and use of the EV POWER website and application is permitted only for personal and lawful purposes.

The Terms and Conditions apply equally to all users, regardless of the technical means used to access the website/application, whether it be web (www), mobile phone, or any other device.

Definition of Terms

The following terms used in the Terms and Conditions have the meanings set out below:

"Application" – A free iOS or Android program, which is managed by EV POWER and which gives you access to the services. This also includes program updates that become available later.
"Charging" – The use of electricity at charging stations to charge an electric or hybrid vehicle.
"Charging Station" – A location shown in the services where you can charge your electric or hybrid vehicle.
"CPO" – Charge Point Operator.
"Device" – Any device, including a smartphone, tablet, or vehicle's integrated system, that you use to access the services.
"EV POWER" – LLC "EV POWER," a legal entity registered in Georgia with an identification number of 405736690, and a legal address at Georgia, Tbilisi, Zovreti Street, #37. This term in the Terms and Conditions may refer both to the company directly and to its representatives, employees, and partners.
"Services" – All online services offered by EV POWER, including the website and application. Furthermore, the services do not include the supply of electricity, and the company is not an energy provider.
"User" or "You/Your" – Any person who uses the services. Furthermore, if you have an account and are authorized, you are referred to as an "Authorized User".
"Websites" – All websites owned by EV POWER. Currently, this is www.evpower.ge.

In addition to the above, the Terms and Conditions may contain supplementary terms. However, they will be easily identifiable; specifically, when defined as a term, they will be presented in bold font and enclosed in quotation marks. Additional terms may also be included in the Privacy Policy.

General Code of Conduct when Using the Service

By agreeing to these Terms and Conditions, the user declares and warrants that they will not use the service:

In violation of the Terms and Conditions or other policies.
In violation of the intellectual property rights of third parties or EV POWER.
For the purpose of distributing spam or phishing.
For the purpose of spreading viruses, Trojans, worms, or other malicious programs.
To overload the services or restrict access to them.
To block or modify advertisements.
To collect personal data of third parties, which violates the Privacy Policy.
To obstruct the use of the services by others.
To encourage criminal or illegal actions.
For any attempt of the above.

By agreeing to these Terms and Conditions, the user declares and warrants that they:

Are a natural person who has reached the age of 18.
Have full legal capacity and are not under the influence of narcotics, psychotropic substances, alcohol, or other substances.
Are not under duress, threat, fraud, or other pressure, and fully comprehend the nature of their actions and the legal consequences arising from them.
Have full authority to undertake and fulfill the obligations defined by these Terms and Conditions.
Have read and agree to the Terms and Conditions.
Any information, data, and/or documents provided by them are truthful, complete, accurate, and reliable, and they will update the information as necessary.
Throughout the entire period of using the services, their every action will be in full compliance with the current legislation of Georgia and will not infringe upon the legitimate interests of third parties.
Also warrant that their actions will not be aimed at deceiving EV POWER and/or any third party.
The Visa or Mastercard they provide details for to EV POWER is their personal card and has sufficient funds to execute payment transactions.
The data provided during registration is their personal data, belonging directly to them and not to another person.

Use of the Application

The Application is granted to you under a license, meaning you are given a non-exclusive, non-transferable, limited right to download the Application for personal use on your device, in accordance with the usage rules of iOS or Android.

You are not authorized to use the Application in any manner:

That may cause damage, disconnection, overloading, or disruption to the Application (or servers and networks connected to the Application).
That will interfere with other people's use and enjoyment of the Application (or servers and networks connected to the Application).

You agree and give your informed consent that you are fully responsible for using the Application, as well as for any violation of the obligations defined by the Terms and Conditions and the consequences of such violation (including any direct or indirect damage or injury that may be inflicted upon EV POWER).

If a third party uses the Application on your device with your permission, the responsibility for compliance with the Terms and Conditions rests with you, and any violation is your responsibility.

Furthermore, if a third party gains control of your device without your permission, we advise you to take appropriate measures, as EV POWER is not responsible for any inappropriate use and/or damage to the device.

The Privacy Policy describes how EV POWER processes your personal data and how it protects their confidentiality and security so that they are protected from unauthorized/unlawful access, processing, use, loss, alteration, disclosure, or destruction.

By downloading the Application, accessing it, registering on the website, and using the Services, you agree to the terms of the Privacy Policy and consent to the collection and processing of your personal data in accordance with the Privacy Policy.

The Application may require access to features on your Device that are not part of the Application itself. This is called "Permissions" (permissions), and you agree to their use in accordance with the Privacy Policy.

Downloading the iOS Application from the Apple App Store and Related Declarations

You acknowledge and give your informed consent that:

The Terms and Conditions are formed only between you and EV POWER, and not between you and Apple.
EV POWER, and not Apple, is fully responsible for the iOS Application and its content.
Your use of the iOS Application must comply with the Apple Media Services Terms and Conditions, and checking these periodically is your responsibility.
You acknowledge and declare that Apple has no obligation to provide technical support or services related to the iOS Application.
You acknowledge and declare that Apple has no obligation regarding the iOS Application.
EV POWER will be responsible for any claim, loss, liability, damage, expense, or cost arising from any non-compliance with a warranty, unless otherwise specified or limited below.
You and EV POWER acknowledge and declare that Apple is not responsible for addressing any claim from you or a third party relating to the iOS Application or your possession and use of the Application, including, but not limited to:
- Claims regarding the product/service.
- Any claim that the iOS Application fails to comply with any applicable law or regulation.
- (iii) claims arising under consumer protection or similar legislation.
You and EV POWER acknowledge and declare that EV POWER, and not Apple, is solely responsible for any third-party claims concerning the infringement of intellectual property rights resulting from the iOS Application or its use.
You and EV POWER acknowledge and agree that Apple and Apple’s subsidiaries will have the right to enforce the conditions provided herein upon your agreement to the Terms and Conditions.
Without limiting other conditions of the Terms and Conditions, you are obliged to comply with all applicable third-party agreement terms when using the Application.
You acknowledge and declare that updates to the iOS Application are subject to approval by Apple, and EV POWER and its representatives are not responsible for any direct or indirect, material or non-material damage/loss caused by any delay in the update approval process by Apple.

Account, Account Information, and Passwords

Account and Account-Related Information:

To use certain aspects and functions of the Services, you must create an account.
Creating an account is free and accessible to anyone who provides the necessary information, subject to the restrictions and conditions set out in the Terms and Conditions.
Your email address is required to create an account. The information submitted during registration will hereinafter be referred to as "Account-Related Information" in the Terms and Conditions or the Privacy Policy.
You also have the option to add additional information to your profile, including your first and last name, although this is not mandatory for using the Services.
By submitting Account-Related Information, you declare and warrant that the information provided is correct and accurate.
In case of submitting incorrect or misleading information, EV POWER may, at its sole discretion, prohibit you from using the Services.
EV POWER is authorized, at its sole discretion, to prohibit/restrict any person's access to the EV POWER application/website, block, or cancel any user's personal account if they violate the current legislation of Georgia and/or the requirements of these Terms and Conditions.

Passwords and Authorized Users:

You will be asked to provide a password when registering an account. It is your responsibility to create a sufficiently complex password that is not easily guessed by third parties.
You are also responsible for maintaining the confidentiality of your password and for all actions carried out on your account—whether by you or a third party.
You are obliged and consent to immediately notify us of any unauthorized access to your account.
If you are an Authorized User, we strongly advise you to log out of your account after every session or not to leave an open account unattended.
EV POWER and its representatives are not responsible for any direct or indirect, material or non-material damage/loss that may arise from your failure to log out of your account, leaving a session unattended, or a third party using your account.

8. Application Account

The Application includes a function "Account," which allows Authorized Users to add funds to the account, charge a vehicle, and pay for the charging fee at charging stations from the funds available in the account.

Issues related to this function are regulated in Article 8 of the Terms and Conditions. You are subject to the rules and conditions provided in this article when using this function.

Account-Related Information:

As an Authorized User, you will have the ability to add funds to your account to pay the vehicle charging fee at charging stations.
The amount added to the account is kept in your name.
Please note that you must be at least 18 years old to use the services.

Payment-Related Information and Payment Processing:

To add funds to the account, you will be required to provide the following information:
- Bank card number;
- Card expiry date;
- Card security code (CVC).
Note: In the Terms and Conditions or the Privacy Policy, the aforementioned information is referred to as "Payment-Related Information".
You must also provide a phone number and email address so that we can communicate with you if necessary.

Payment Processing:

Payment processing is carried out by the payment service provider or the bank directly.
Once transactions are confirmed, they are processed in accordance with the rules, procedures, and conditions of the latter.
EV POWER and the payment service providers/banks are independent companies, and EV POWER does not influence the payment service providers/banks.
Consequently, EV POWER and its representatives are not responsible for any direct or indirect, material or other damage/loss that may arise as a result of an error or system failure by the payment service providers/banks.
Note: In the Terms and Conditions, "Payment Service Providers" may also refer to PayPal, Apple Pay, and Google Pay.
Any information collected by payment service providers/banks on their secured servers is their sole responsibility.
EV POWER does not have access to your financial data and, accordingly, it cannot be held responsible for data security breaches that may occur due to problems with payment service providers'/banks' servers or actions of malicious users.

Adding Funds to Your Account:

The funds in the account are denominated in Lari. When adding funds, you choose the amount you wish to add.
Upon successful addition of funds, you will receive a confirmation via email, which will specify the amount added and your current account balance.
The balance can be checked at any time from the Application.
If funds were added by mistake or gifted to your account, they cannot be returned.

Prices and Charging Fees:

Before charging, information about the charging price or the method of price calculation will appear in the Application.
After the charging is complete, the final charge will appear in the Application (hereinafter referred to as the "Charging Fee").
The Charging Fee is fixed and determined in the national currency of the country where the charging station is located.
It includes all additional fees and/or legally stipulated taxes.
Some charging stations charge the Charging Fee based on the vehicle's charging status/indicator (state of charge) , specifically, the fee is calculated according to the change in battery charge level (e.g., 30% to 80%).
You are responsible for monitoring the percentage of your vehicle's charge to avoid additional fees (for example, "overstay fee," "connection fee"), which are not directly included in the Charging Fee.
EV POWER is not responsible for additional fees imposed by charging stations or third parties.
After charging is complete, you will receive an email confirmation of the amount deducted and the remaining balance.
Charging prices and fees are presented in the Application. The user acknowledges and consents that checking the prices before starting the charge is their responsibility.

Payment Methods:

The following payment methods are available to pay the Charging Fee:

Top Up (Balance Funding) - By using this method, you consent that EV POWER has the right to deduct the amount specified in the charging summary section as the "Charging Fee" from your balance upon completion of the charging process and use of the Application.
Additionally, after charging is complete, you will receive an invoice for the Charging Fee and an email confirmation of the amount deducted and the remaining account balance. Note that if the user's balance drops below 3 GEL, the charging session will be automatically paused. This is to ensure the "Connection Fee" is settled. Furthermore, charging cannot continue without a sufficient balance.
Ad Hoc Payments (One-Time Payment by Bank Card) - By using this method, you consent that EV POWER has the right to pre-authorize a temporary hold on your card for an amount equal to price per kilowatt-hour × 100 (hereinafter referred to as the "Reserved Amount") before starting the charging process and using the Application.
If the final Charging Fee is less than the Reserved Amount, EV POWER will return the difference to you.
Additionally, after charging is complete, you will receive an invoice for the final Charging Fee.

Refunds:

If funds were mistakenly added to your account, or if you wish to request a refund for the amount you added from your card, the remaining balance is non-refundable.
All payments are final and not subject to refunds.

Intellectual Property Rights and Rights to User Feedback

Intellectual Property Rights

You declare and acknowledge that:

Issues related to ownership and confidential information are relevant to the Services, and their legal protection is guaranteed by intellectual property and other relevant laws.
EV POWER and/or third parties (based on a license) own all rights to the Services and the content that may be presented or made available through the Services, including, without limitation, all intellectual property rights.
All rights not expressly granted to you by the Terms and Conditions remain with EV POWER and its licensors.
Note: Intellectual property rights mean all rights existing at any time under patent, copyright, commercial secret, trademarks, unfair competition, and other similar laws, as well as all applications, renewals, extensions, and restorations, both now and in the future, in any jurisdiction worldwide—whether registered or unregistered (hereinafter referred to as "Intellectual Property Rights").

You declare and confirm that you will not and will not allow third parties to:

Copy, sell, license, distribute, transmit, modify, adapt, translate, process, decompile, reverse engineer, disassemble, or otherwise obtain the program code of the Services or content available through the Services.
Circumvent security systems embedded or used in the Services.
Remove, obscure, or alter notices/marks regarding copyright, trademarks, or other proprietary rights of EV POWER or any third party.
The content, layout, and design of the Services, including, but not limited to, trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDF), and computer code—belong to EV POWER, or are used under a license.
Their copying, reproduction, display, distribution, transmission, decompilation, or other use is prohibited without the express permission of EV POWER, except in cases permitted by the functionality of the Services or the Terms and Conditions.
Any unauthorized use may lead to civil or criminal liability, including liability provided for by intellectual property regulating legislation. Furthermore, EV POWER will take appropriate action.
This article also extends to the intellectual property rights of third parties arising within the scope of the Services, including third-party computer code.
Note: For the purposes of this article, computer code includes, but is not limited to: source versions of program code in any language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, and related documentation.

Feedback Provided by You:

If you, by any means, submit any suggestion to EV POWER regarding the improvement of the Services or EV POWER's operations (hereinafter referred to as "Feedback"), then EV POWER owns all rights, title, and interest in such Feedback and can use it without restrictions.
You irrevocably grant all rights to EV POWER and waive your rights regarding such Feedback in favor of EV POWER, its successors, and authorized persons.
You consent to provide assistance to EV POWER, if necessary, to confirm, perfect, and protect its rights regarding the Feedback.
You acknowledge and consent that you are not entitled to any remuneration or compensation from EV POWER in any case upon providing Feedback.

Service Interruption and Termination

Service Interruption

From time to time, use of the Services (or any part thereof) may become temporarily unavailable due to technical maintenance and/or the necessity of implementing changes to the Services.
Although EV POWER will use all efforts to ensure such interruption is as brief as possible, EV POWER and its representatives are not responsible for any direct or indirect, material or non-material loss/damage—which may arise as a result of the cessation or interruption of the normal functioning of the Services, and fully disclaim liability in this regard.

Suspension or Termination of Your Account, Cessation of Service Use

You consent that EV POWER, within its discretionary authority, is authorized (but not obliged) to block your IP address, cancel your account authorization data, or otherwise restrict/terminate your access to the Services (or any part thereof) immediately and without any prior notice, including, but not limited to, if EV POWER deems that you have acted against the terms of the Terms and Conditions or the Privacy Policy, or written requirements, or if it deems that you have violated any other publicly published policy.
You declare consent that EV POWER and its representatives are not responsible to you or third parties for any direct or indirect, material or non-material damage/loss—which may be caused by the termination of your access to the Services or the termination of the Services (or any part thereof) by EV POWER.
You are authorized to cease using the Services by canceling your account via the "Remove account" function in the Application.
After account cancellation, any remaining funds in the account are not subject to refund.
The cessation of Service use or the termination of your access to them automatically leads to the termination of the Terms and Conditions between you and EV POWER.
However, all provisions that, by their nature, should continue after termination—including provisions regarding Intellectual Property, disclaimer of warranties, indemnification obligations, and limitations of liability—remain in force.

External Links (External Links)

General External Links

From time to time, EV POWER may provide links to other websites or services.
Links received while using the Services may redirect you to websites or services that do not fall within the scope of the Terms and Conditions.
Please note that when you are redirected to and use such third-party websites or services, you do so at your own risk.
EV POWER provides these links only for your convenience and does not assume responsibility for your use or the protection of confidentiality (including the processing of personal data) on those other websites or services.
EV POWER advises you to check the terms and conditions and the privacy policy of any website or service you visit/use.
EV POWER does not provide any warranty regarding the content of the websites or services you access as a result of clicking a link. Also, EV POWER does not warrant the services available on such websites (paid or free), or the third parties operating those websites.
EV POWER or its representatives will not be responsible for any direct or indirect, material or non-material damage/loss caused by:
- Your use of the websites, services, or information on them, which you accessed while using the Services.
- Receiving a virus, "Trojan horse," "worm," or other similar file, which may result from the use of the mentioned websites or services.
- The use of or reliance on any content or service (free or paid) available on the linked website or service.
- The actions of the operators of these websites or services.
EV POWER advises you to always check the Terms and Conditions and/or Privacy Policy when using any website or service.

Use of Google Maps

The Google Maps platform is used in relation to multiple functions when using the Services; accordingly, Google Maps may open via a corresponding link.
Your use of Google Maps, whether within the scope of the Services or independently, is regulated by:
- Google Maps/Google Earth Additional Terms of Service
- Google Privacy Policy
Note: EV POWER's recommendation is that you read these documents.

Disclaimer of Warranties (Disclaimer of Warranties)

You fully acknowledge and consent that your use of the Services, the information or materials available on them (provided by EV POWER or a third party), or any action resulting from the use of the Services or information on them (including, but not limited to, using a charging station), as well as the use of materials downloaded/streamed from the Services, is at your own risk.
The Services, the materials on them, or third-party materials are presented on an "as is" and "as available"principle , and you are fully responsible for any damage or loss of data that may be caused by downloading or accessing materials obtained from the Services.
Furthermore, you are fully responsible for any damage or loss (material or non-material) that may arise from:
- The use of the Services, the information on them, or downloaded materials.
- Any action carried out as a result of using the Services or the information on them (including, but not limited to, using a charging station) or downloaded materials.
The information or resources provided by EV POWER employees, freelancers, or other subcontractors through the Services are as reliable as possible at the time of creation , and every possible step has been taken to ensure the information in the Services is accurate and up-to-date.
However, certain information may change, or errors or ambiguities may arise. Accordingly, EV POWER and/or its representatives are not responsible for direct or indirect, material or non-material damage/loss that may be caused by changes, errors, or omissions in the information in the Services.
EV POWER expressly disclaims all warranties, whether express or implied, including, but not limited to:
- Warranties of title and non-infringement of rights.
- Warranties that the Services, the information on them, or downloaded materials and third-party materials will be uninterrupted, error-free, accurate, reliable, and free of viruses or other dangerous components.
- Implied warranties of merchantability and fitness for a particular purpose.
EV POWER and its representatives do not warrant that:
- Use of the Services will be secure or available at any particular time or location.
- Any defects, errors, or omissions will be corrected.
- The Services or any content or software accessible through them will be free of viruses or other dangerous components.
- The functionality of the Services will be available or work equally well on computers and mobile phones, or on different devices.
- The results obtained from the use of the Services, or any action resulting from the Services (including, but not limited to, using a charging station), will meet your requirements.

Limitation of Liability

You give your informed consent that EV POWER or its representatives are not responsible to you for any direct, indirect, incidental, special, or consequential damages , including, but not limited to, loss of income or profit, loss or damage to data, business interruption, or any other financial loss, which arises from the Services or is related to your use, misuse, or inability to use the Services.
This rule remains in effect even if EV POWER was previously warned about the possibility of such damage.
This limitation of liability remains in force regardless of the legal basis on which the claim arises—whether it be contract, warranty, tort, negligence, or other legal theory.

Release from Indemnification Obligation

Notwithstanding the records in the Terms and Conditions, you are in any case obliged to defend and release EV POWER, its representatives, and partners from the obligation to indemnify in cases where an obligation to compensate for damages, debt, expense, or any lawsuit arises due to your actions.

Dispute Resolution

If a dispute arises between the user and EV POWER, they will use all efforts to resolve the dispute through negotiation.
If the dispute cannot be resolved through negotiation, the dispute will be considered by the Common Courts of Georgia.

Applicable Law

The Terms and Conditions, as well as your use of the Services, are governed by the legislation of Georgia.

Final Provisions

The Terms and Conditions, any policy or conditions that constitute a part thereof, together with the Privacy Policy, constitute the entire agreement between you and EV POWER regarding the use of the Services.
They supersede all previous agreements that existed between you and EV POWER.
The use of certain aspects of the Services may be subject to third-party terms or privacy policies, as noted in these Terms and Conditions.
The use of the Application is also subject to the terms of the third-party application store from which you downloaded the Application.
EV POWER is not responsible for the failure to fulfill the obligations provided for by the Terms and Conditions if such failure is caused by any reason beyond EV POWER's control, including, but not limited to: mechanical, electronic, or communication failure, or any other force majeure circumstance.
The finding that any condition provided for by the Terms and Conditions is void, invalid, illegal, or unenforceable at any time will not affect the legal force, legality, and enforceability of the remaining conditions of the Terms and Conditions.
Instead of the void provision, a provision will be applied that more easily achieves the purpose provided for by the Terms and Conditions (including the void provision).
EV POWER's non-exercise or waiver of any right or provision does not constitute a waiver of that right or provision.
The headings used in the Terms and Conditions, as well as the Privacy Policy, are for convenience only.
The Terms and Conditions, as well as the Privacy Policy, are prepared in the Georgian and English languages.