myevfleet

Terms & Conditions of Use – myevfleet App

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE DOWNLOADING / USING THE “myevfleet” APPLICATION.

By downloading, accessing and/or using this mobile application (the “Application”) owned by Fleet220 Srl – Italy (“Fleet220”) you confirm that you have read, understood and agreed to be bound by all the terms and conditions set out in this Terms of Use Agreement (the “Agreement”). Fleet220’s Mobile Application Disclosure and Disclaimer Policy and Privacy Statement are subject to, and incorporated by reference into, this Agreement (collectively, the “Mobile Application Documentation”).

Fleet220 may amend the terms of the Agreement at any time and without notice, with effect from the publication of the amended Agreement.

Your continued use of the application shall be considered acceptance of the changes.

You must have the most recent version of the application to ensure that it functions correctly. It is your responsibility to periodically check the Application and/or our website at www.myevfleet.net to determine whether you have the most recent version of the application.

If you do not accept this Agreement, do not download the application, or delete it from your mobile device.

No warranty

The Application is provided in accordance with all the terms set out in the Mobile Application Documentation. Fleet220 does not warrant that:

(i) its Application will be constantly available or available to everyone;

(ii) the information contained in this Application is complete, true, accurate, or

(iii) your opt-out choices will be successfully carried out in all cases. Fleet220 does not warrant that the application is free of defects or errors.

Limitations of liability and indemnification

DOWNLOADING AND/OR USING THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL Fleet220 BE LIABLE (UNDER CONTRACT LAW OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY DAMAGES – FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) – OF ANY ORIGIN OR IN CONNECTION WITH THIS APPLICATION. IF YOU ARE DISSATISFIED WITH YOUR USE OF THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF IT. YOU AGREE TO DEFEND AND HOLD HARMLESS Fleet220 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY CLAIM, ACTION, DEMAND, LIABILITY, JUDGMENT AND OUTCOME, INCLUDING, WITHOUT LIMITATION, LEGAL FEES ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THIS APPLICATION.

Unenforceable provisions

If any provision of this Agreement is or is found to be unenforceable under the law, this shall not affect the enforceability of the other provisions of this agreement.

Intellectual property and limited licence

All intellectual property in this Application, including all application materials, is protected by copyright, trademark and patent laws and is owned exclusively by Fleet220. Intellectual property includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, text communications and any other content found on or in the Application. All trademarks, service marks and trade names are owned, registered and/or licensed by Fleet220.

Fleet220 grants you a valid, worldwide, non-exclusive, royalty-free and revocable licence to: download this Application onto a mobile device; use this Application as set out herein; copy and store this Application and the material contained in the Application on your mobile device; and print pages from this Application for your personal, non-commercial use.

Fleet220 does not grant you any other rights in relation to this Application or the material in this Application. All other rights are expressly reserved by Fleet220.

Restrictions on use and prohibitions

The Application may be used for personal, non-commercial use only. You are strictly prohibited from, and agree not to, adapt, modify, alter, transform, publish, republish, distribute or redistribute this Application or the material in this Application (in any form or medium) without the prior written consent of Fleet220. You agree not to use any automated data collection, data mining, robots or scraping, or any other data-collection method of any kind, on this Application.

If Fleet220 discovers that its copyright or other protected material has been used in breach of the terms of the licence set out above, Fleet220 may take legal action against you, seeking monetary damages and an injunction against you. You may also be ordered to pay legal costs. If you become aware of any use of Fleet220’s copyright or protected material that breaches or may breach the terms of the licence set out above, please report it immediately by email to legale@Fleet220.it

Disclosure and disclaimer

This mobile Application provides you with a simple way to locate nearby electric vehicle charging points, to be authorised to start a charging session and, where required by the EVSE owner, to pay. When you use the Application, it will display available stations according to the proprietary database managed by Fleet220. The database is made up of EVSE information collected from third parties under bilateral interoperability agreements, or gathered through Fleet220’s own scouting of publicly available information. Fleet220 makes every effort to maintain reliable technical information and accurate EVSE locations. However, it is the responsibility of the EVSE owner or the network operator – not Fleet220 – to update and communicate any information or changes, to ensure the proper maintenance and accessibility of the EVSE, and to comply with the safety standards and specifications relating to the mapped EVSE. Any damages arising from the use of a mapped EVSE shall be settled between the EVSE owner or supplier and the users; Fleet220 is excluded from any liability in this respect.

The Application provided by Fleet220 (Fleet220 Srl, Italy) is provided “as is” without warranty of any kind. Fleet220 expressly disclaims any liability in relation to the Application, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of performance. Fleet220 does not warrant that the Application will be free of defects or errors. You accept that downloading and using the Application is entirely at your own risk. Fleet220 is not liable for any damages or losses resulting from downloading, using, or arising from the Application. By downloading the Application, you expressly agree to hold Fleet220 harmless from any loss, damage or injury arising from your use of the Application. This disclosure and disclaimer is subject to the Terms of Use Agreement.

Pricing terms for charging services

The myevfleet Application allows, where applicable, the collection of fees relating to the charging service according to the applicable metrics and pricing terms, as described in the detailed EVSE section within the Application itself. The applicable rate may include metrics based on, but not limited to:

start-up and activation,
number of sessions,
energy drawn,
charging time,
parking time,
occupancy time,

These metrics may be determined by the application of fixed fees, time-slot fees, energy-band rates, event-based rates (booking, start, charging interruption, session interruption), and may include pricing terms (price per metric) defined by:

price per event,
price per quantity,
price per segment,
price per interval,
price for a specific time of day or day of the week.

Pricing terms may vary based on location, availability or dynamic real-time instructions provided by the EVSE Owner.

Fleet220 applies dynamic pricing; consequently, the pricing terms for each charging point may change without notice. It is the user’s responsibility to check the pricing terms at the time of searching for, viewing and activating the selected charging point. Activation via RFID does not exempt the customer from carrying out this check. Activating a charging session through the app or by using the RFID implies acceptance of the relevant pricing terms.

Rates for roaming stations are not linked to the economic agreements between Fleet220 and its roaming partners, which provide interoperability for Fleet220 and its Applications. Changes to prices and metrics made by the roaming partner may result in changes to the prices and metrics applied by Fleet220, which will always act independently in setting its own rates for the charging service.

In the case of metrics defined by a change in “status” (e.g. booking, start, energy interval, start of power supply, stop of power flow, stop of charging session) of third-party EVSE, Fleet220 acts as an EMSP, collecting such data from the EVSE owner (roaming partner) and using it to calculate the total charging fee.

Fleet220 is not liable for any errors due to incorrect data transmitted by the EVSE Owner to Fleet220.

If the myevfleet end user, after receiving the detailed documentation, believes that the session data is incorrect, Fleet220 will, upon request, act as a facilitator between the Application users and the EVSE owner regarding the session data. Only after the EVSE owner’s decision will Fleet220 reserve the right to amend the charging service rates accordingly. Fleet220 is not obliged to amend its charging session rates without the EVSE owner’s acknowledgment of incorrect session data, and shall not be held liable in any way for this.

The full list of charging sessions, including pricing data, is available in the User Profile section of the App. Requests for clarification, detail or correction must be sent by email to the contact address within 10 days of the session date.

KeyFob (RFID)

You may purchase an RFID card through the dedicated section of the App (KeyFob). The pricing terms for purchasing the KeyFob are indicated in the App section dedicated to this purchase. The card will be sent to the shipping address provided at the time of purchase. To be activated, the RFID card must be linked to your Account via the App.

The RFID card allows you to start and stop vehicle charging at Private Charging Stations and/or Public Charging Stations, in accordance with the rates of the chosen station. It is your responsibility to check the App for any notifications or messages relating to credit management, payments or the charging session.

You can download a digital card to use directly via the App, under the same terms as the RFID card, on smartphones that are enabled and updated to the correct operating system and App version.
Essential conditions for using the myevfleet app for charging services:

An active, valid and verified digital payment method must be linked to the profile.

Failure to accept these essential conditions, even after joining, will result in the inability to activate charging sessions and access any additional features.

Financial transactions – payment methods

Payment for charging sessions as determined above may be made using the following methods:

use of prepaid credit. The end-of-month payment method must be requested in advance through the process described in the application and subsequently approved by Fleet220. The end-of-month charge is applied using the indicated methods. Failure to pay will result in automatic account closure, reporting to the banking circuit, and subsequent debt recovery.

Charging activation via KeyFob (RFID)

The myevfleet KeyFob used to activate a charging session is linked to a user profile, to which a valid payment method and a credit balance above the minimum required amount must be associated.

Credit purchase

Credit top-up

If, following the charging of a session activated using prepaid credit, the user account balance becomes negative, the user must authorise in advance the charging of an amount that restores the prepaid account balance to the minimum credit level defined by the applicable rates.

If the credit card, prepaid card, authorised electronic payment method or other electronic payment method (where permitted) registered by the Customer declines a charge, Fleet220 will make further attempts to charge it and, in the event the charge fails or is declined, Fleet220 will notify the Customer of the non-payment.

Fleet220 reserves the right to suspend the Customer from the Service until any outstanding debts are settled, and/or in the event of a negative outcome of the verification referred to in the preceding paragraph. In the event of non-payment, late payment or partial payment, the Customer will be charged default interest pursuant to Italian Legislative Decree 231/2002, in addition to related penalties.

Credit termination

Right of withdrawal

The user’s right of withdrawal (cancellation of the purchase and refund) may be exercised within 14 days of the date the purchase contract was concluded. Users who have accessed, even partially, any one of the services, or for whom 14 days have elapsed since the conclusion of the contract, forfeit the right of withdrawal.
To exercise this right, the user must send a request to Fleet220 at the addresses indicated below.

Promotion codes

The App allows you to access promotions to benefit from discounts or other offers. Coupons offering charging services accessible via the App are expressed solely in charging credits. They can be activated by following the instructions provided by the partner or included within the App.

Credit resulting from coupons, marketing and loyalty campaigns run by Fleet220 or its partners, and other similar initiatives, is NEVER eligible for a refund.

Data we collect

The application collects the following information from your mobile device:

personal data required to correctly identify the user and to comply with tax and national laws. More specifically:
- First and last name
- Address
- Email and phone number
- Tax code / national ID number
- VAT number (for business profiles)

It is the responsibility of the user of the Application to provide all correct data, including a valid email address and mobile phone number, to enable notifications relating to the proper operation of the charging service.
Missing, false or incorrect data will result in the immediate and unannounced interruption of the service;

technical data about the device used to access and use the Application;
date, time, energy, the EVSE used and any other service data necessary to correctly determine and charge the fees for the charging service;
any other data necessary for activating charging sessions via the ISO 15118 protocol (Plug&Charge), including identification data for the enabled connected vehicle, charging status, and any information required for the issuance and management of the digital certificates provided for by the protocol.

This data is stored in our database and may be shared with EVSE owners, roaming partner operators, EMS providers or interoperability hubs, as needed to validate and communicate with users, grant EVSE access and determine service fees.

Other Application data may be collected by third-party SDKs, relating to:

user location, to provide information on nearby EVSE;
user location during travel, to enable real-time navigation instructions;
user location, to enable proximity-based services, including direct links to third-party apps.

None of this data is stored or recorded on Fleet220’s servers, and Fleet220 is not able to access, modify or exploit any such data records.

All data used to carry out session payment functions is not managed directly by Fleet220 and is not stored in any way or form on its servers. Fleet220 shall not be held liable for any damage resulting from a data breach or mismanagement of such data by its payment service provider.

Information sharing

Fleet220 does not lend, sell or share the information you have provided to us, and does not disclose data to third parties without your authorisation. We may share your information without your authorisation:

in compliance with subpoenas or judicial or governmental orders, or to comply with applicable law;
where Fleet220 believes that a person’s rights, property or safety are at risk;
if Fleet220 determines that your actions breach our Terms of Use Agreement;
where otherwise required for tax compliance or by law.

Data retention

Except as otherwise provided in this Privacy Notice and by applicable law, we retain the information necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Mobile application privacy notice

Fleet220 Srl owns this mobile Application called myevfleet (the “Application”). This Mobile Application Privacy Notice relating to the Application (“Privacy Notice”) is issued by Fleet220. This statement is subject to, and included within, the Terms of Use for mobile devices.

Fleet220 wants to offer consumers a simple way to locate nearby electric vehicle charging points. When using the Application, it will display available stations based on the proprietary database owned and managed by Fleet220. To help you locate available EVSE, it is necessary to collect the information described in the section entitled “Data we collect”.

Our commitment to security
Fleet220 has adequate structural, administrative and technical safeguards and procedures in place, designed to protect and safeguard your data. Of course, although Fleet220 uses industry-standard practices to protect and safeguard your data, we cannot guarantee that your communications with the Application, or your data, will never be unlawfully intercepted, or that your data will never be unlawfully accessed by unauthorised third parties.

Inappropriate conduct on social media, public channels, mail or telephone communications

Fleet220 reserves the right to discontinue any service, delete the account, and “blacklist” users who misuse public media by publishing false information, or discrediting the company’s image and reputation.

Rude remarks, verbal abuse, profanity or similar language, insults and discriminatory attitudes towards Fleet220’s employees, collaborators and partners are likewise not tolerated, whether in written communications or during customer support calls, whether used as a means of blackmail or undue pressure, and/or to resolve commercial issues, unfairly promote competitors and/or obtain undue benefits.

Fleet220 has approved and published on its website a Code of Ethics, which will be used as a reference point for deciding such cases. Any account closed for the reasons mentioned above will be refunded the existing credit, net of an amount corresponding to a 20% administrative expense fee. The account holder will be designated as a “persona non grata”, and accordingly no further services will be provided in their favour, even if they attempt to use an account under different credentials.

Changes to the privacy notice

Fleet220 reserves the right to amend this privacy notice according to its evolving business needs. Should Fleet220 decide to amend the privacy notice, the new version will be made available so that you can always know what information we collect, how we use that information, and whether we will disclose it to third parties.

Applicable law and dispute resolution

This Agreement shall be governed by and construed in accordance with Italian law. The prevailing language is Italian; other translated versions are provided as a courtesy. Any disputes relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Milan, Italy.

Contact information

Fleet220, Via Carducci, 12 – 20123 Milan (IT), or by email at info@Fleet220.it – certified email (PEC): Fleet220@pec.it.