While using PUMP ...

Terms of Use

Version: August 2021

1. Scope

By using our Service you accept and agree to the following Terms of Use ("TOU"). The TOU describe your rights and responsibilities when accessing “PUMP” (“the Service”) through an app or a web service. The TOU form a binding contract between You and 800 Volt Technologies GmbH, a company incorporated under the laws of Germany (hereinafter referred to as ”800 Volt”, ”we,” ”us” or ”our”).

“You” and “Your,” refers to you as an individual, and to the company or legal entity that you may represent in connection with use of the Service. If you are using the Service on behalf of an entity, You represent and warrant that you have authority to bind that entity to the TOU and that you are accepting the TOU also on behalf of that entity.

The Service consists partly of free elements, which are provided on an “as-is” basis and 800 Volt provides no warranties for its use – see further in Section 10 below. Our optional paid features are provided on a “best effort” basis. This Agreement limits any and all liability arising out of Your use of the Service. The Service uses and includes data and other resources that may be provided by third parties. The restrictions that apply to Your use of the Service shall also apply in relation to such resources and their owners. For optional features or products, you may have to accept the specific terms and conditions applicable to them (which could be our own or provided by a third party in connection with a service or product).

2. Use of the Service

While using the Service, You agree that You will:

  1. Use the Service in good faith and solely for its intended purpose, i.e. to plan Your own EV routes
  2. Comply with all codes of conduct or terms of use provisions that we or our partners/suppliers may from time to time require
  3. If you register an account for the Service – keep Your account password secret
  4. Immediately notify us if You learn of or have reason to suspect a security breach related to the Service

3. Prohibited Uses of the Service

In using the Service You agree that, at all times, You will not:

  1. Engage in, facilitate, further, aid or abet any unlawful conduct
  2. Use the Service in a way that harms us, our partners or any third party
  3. In any way use the Service in connection with unsolicited bulk messages or unsolicited commercial messages (“spam”)
  4. Use any automated process or service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by 800 Volt, or ”meta-searching”)
  5. Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service
  6. Access the Service in order to replicate or compete with it
  7. In any way attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of the Service or any part thereof
  8. Copy or modify the Service in any way
  9. Use the Service in a manner that exceeds limits on Service calls, or constitutes excessive or abusive usage
  10. Except as required for the intended use of the Service or to communicate with us, include any confidential/sensitive information or Personal Data as defined in applicable Data Protection Regulation into information You submit to us (as we want to limit processing of personal data as far as possible)
  11. In any way damage, disable, disturb, overburden, or impair the Service (or the network(s) connected to the Service), or interfere with anyone’s use and enjoyment of the Service
  12. Use the Service for monitoring the movements or behavior of other individuals (such as colleagues or family members) except with their knowledge and valid consent
  13. Resell or redistribute the Service, its search results or any part of the Service
  14. Access the Service in any manner that
    1. compromises, breaks or circumvents any of our technical processes or security measures associated with the Service,
    2. poses a security vulnerability to users of the Service or is likely to result in performance degradation of the Service,
    3. tests the vulnerability of our systems or networks, or
    4. poses a reputational, branding, professional or another business risk to us

4. Your Responsibility for Your Account

Only You may use Your account (if you have one, which is not mandatory for the use of the Service). You are responsible for all activity that takes place under Your account. You may not authorize any third party to access and/or use the Service on Your behalf unless and except if we should provide a special mechanism with the purpose to allow third parties access to the Service on Your behalf.

5. Your Content

You may submit information such as location data, vehicle data and preferences, for our use in connection with providing the Service. We do not control or endorse the content that You and others use in conjunction with the Service but some information may be used to improve the quality of the Service in general. You warrant that all content used or provided by You in conjunction with the Service is content that You have the right to use in the way you use it. You understand and agree that: a) Using or sharing content that violates any other party’s copyrights, other intellectual property rights or other rights to protected material violates this Agreement b) We are not required to, and will not, pay You for any use of Your content

The Service may include forums, Q&A or other shared areas available to other users or to the public. If You share content in such areas You agree and accept that other people may access that content, and you authorize Iternio to use, modify, copy, distribute and display content posted on the Service for the purpose of providing, developing or promoting the Service. Please take care not to publish any confidential, sensitive or personal information in such communication.

6. Privacy/Integrity

In general, we try to avoid the processing of personal data and it is not in a part of our business model to use or profit from personal data. For some (optional) parts of the Service we must however process personal data, about accounts, purchases, billing etc. You are solely responsible for and must make sure that You are not using the Service in a way that could violate the privacy of others (for example by allowing them access to Your personal account or by reviewing their search history). Please see our privacy policy, available at https://pumpapp.co/en/privacy/ Your personal information or contact information WILL NOT be sold, exchanged, transferred or given to any other company for any reason whatsoever, except if the entire Service or our entire company should be purchased by a third party. We reserve however the right to aggregate data based on the usage of our Service in an aggregated and anonymized manner to be used by Us or a third party.

7. Software

Your use of software or third-party products in connection with the Service is subject to the terms of the license for that software or product. If there is no special license presented to You, or unless otherwise stated in this Agreement, then We grant You the right to use the software only for the authorized and intended use of the Service. You may not disassemble, decompile, or reverse engineer any algorithms, models or software components included in the Service, except and to the extent that such action is expressly permitted under applicable law.

8. Changes to the Agreement

800 Volt may update this Agreement from time to time without notifying you. You can review the current version of this Agreement at any time at https://pumpapp.co/en/termsofuse/. Your continued use of the Service constitutes Your acceptance to be bound by such changes to the Agreement. Your only remedy, if You do not accept the terms of this Agreement, is to discontinue use of the Service.

9. No Warranties

The Service is provided for free on an “as-is” basis. Premium features (optional) are provided on a best-effort basis. The Service depends on information provided by You and/or third parties. Also, please be aware that the actual power consumption and therefore range of your vehicle is constantly affected by circumstances such as your driving style, temperature, wind, topography, acceleration, speed, traffic jams, use of power consuming equipment and much more. Therefore, we recommend that you try out and use the Service with good safety margins, review the accuracy and adjust the settings for your car to make sure that the plans you get from the Service are optimized for You and Your vehicle. We always strive for accuracy, usefulness and high quality in the Service and welcome constructive feedback and suggestions for improvements, but we cannot give any warranties (express or implied) as to the accuracy, completeness or usefulness of the route plans or other information provided through the Service.

10. Limitation of Liability

800 Volt will not assume any responsibility for any direct, indirect or consequential damages, including business interruption, lost sales, lost profits, special, indirect, incidental or punitive damages related to the Service, third-party hardware, software or information, viruses/malware or similar, incompatibility issues or for claims based on breach of contract, warranty, guarantee or condition, strict liability, negligence or other tort.

11. Fees

You may choose to subscribe to a paid services from us. Different subscription plans may be available. Fees will be charged in advance, in connection with your order unless otherwise agreed. Subscription fees and recurring billing will be processed through our payment processors, which may vary from time to time. All transactions are governed by the payment processor’s applicable terms and applicable laws. Unless otherwise agreed, your Subscription will automatically renew upon the expiry of your current Subscription. If you fail to pay the Subscription Fee we may suspend your access to the Service.

12. Changes to or cancellation of the Service

800 Volt may at any time alter the Service, by changing, including, adding or removing features for any reason. We may cancel or suspend the Service at any time without cause and without notice, in which case, Your access or right to use the Service may cease immediately. Any data that You may have stored on the Service may not be retrieved later. There may be interruptions or extended downtimes to the Service.

13. Interpretation

These Terms of Use shall apply to the maximum extent permitted by applicable law. Should a competent court hold that we cannot enforce some part of this Agreement to its full extent, then that part shall be considered replaced with the permissible terms that would most closely match the intended meaning of the part that we cannot enforce. The remaining parts of these Terms of Use shall be unchanged.

14. Assignment

800 Volt may, at any time, in whole or in part, assign this Agreement to a third party without notice to You. You may not assign, neither temporarily nor permanently, this Agreement, or any rights to use the Service or any part of it, to any other person. Any attempt by You to do so is void.

15. Alerts and notices

The Service and this Agreement are provided in electronic form. We may from time to time publish or send You certain information in connection with the Service. We will provide such information in electronic form

  1. By e-mail or text message to the e-mail address (or other suitable electronic point of contact) that You specified if and when You signed up for Your Service account
  2. As a message presented in connection with access to the Service or
  3. By publishing the information on our web site https://pumpapp.co

16. Contracting Party, Choice of Law and Dispute resolution

This Agreement is between You and 800 Volt Technologies GmbH regardless of where You reside. You agree that this Agreement is and will be governed by and construed and enforced in accordance with the laws of Germany, without regard to its conflicts-of-law rules. If You choose to file any court action or suit regarding the Service or this Agreement, You agree that such action or suit will be filed in the District Court in Potsdam, Germany.

17. Cancellation and Termination of the Service

You may at any time to stop using our service by deleting your app. If you subscribe to premium features you can do so by using the means provided by the respective app store platform, i.e. Apple App Store or Google Play Store. In this case the subscription terms of the respective app store platform apply. Upon failure to pay for premium features, we reserve the right to suspend or limit Your access to the Service, temporarily or permanently. We also reserve the right to delete historic data from your service usage that have not been accessed in the past 12 months. We reserve the right to immediately terminate our agreement with you and/or pursue other remedies available to it at law if the Service is used in breach of these Terms of Use, applicable third-party terms and conditions or applicable law.

18. Copyrights, Trademarks, etc.

The Service, including, but not limited to the names PUMP, 800 Volt Technologies and all other contents in connection with provision of the Service are owned by or licensed to 800 Volt Technologies GmbH, Heinz-Sielmann-Ring 37, 14476 Potsdam, Germany. Intellectual property laws and treaties protect any software or content provided as part of the Service. We (or our partners) own the title, copyright and other intellectual property rights associated with the Service.