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D-Charge End-User License Agreement (EULA)
(Last modified: 31 July 2023)
Please read this End-User License Agreement ("Agreement") carefully before downloading or using the D-Charge App.
Interpretation and Definitions
For the purposes of this End-User License Agreement:
● “Agreement” means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
● “Application” means the software program named D-Charge Application which is operated by the App Operator (as defined herein) and downloaded by You through an Application Store account to a Device.
● “Services” means the services provided through the Application to you, which may include the ability to operate the Application on your Device, to view Content on the Application and any other action, service or item supported by or available through the Application.
● “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
● “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to D-Charge Efficiency Ltd.
● “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, viewed, or otherwise made available by You through the Application, regardless of the form of that content.
● “Device” means any device that can access the Application such as a computer, a smartphone or a digital tablet.
● “Third-Party Services” means any services (including data, information, applications and other services) provided by a third-party other than the Company that may be displayed, included or made available through the Application.
● “You” means the individual accessing or using the Application, and any legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
Our App is operated by Weev Energy B.F. Ltd. (the “App Operator”). By downloading or using the Application, You agree to be bound by the terms and conditions of this Agreement and by the App Operator’s End User License Agreement, available at https://wevo.energy/terms-conditions/ (the “App Operator EULA”). If You do not agree to the terms of this Agreement or to the terms of the App Operator EULA, do not download and do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application.
Although the Application Store is not a party to this Agreement, it has the right to enforce its policies and rules against You and upon Your usage of the application, as a third-party beneficiary.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with, and subject to, the terms of this Agreement.
Account
Any access to, and use of the Application and/or the Services shall be done only through a user account (hereinafter, the “Account”). By creating an Account, You confirm that you are an adult, legally competent to enter into a legally binding contract and, are not prohibited from receiving Services.
Each Account is intended for a named user and is not subject to sharing or usage by more than a single user per account.
When creating the Account, You may be required to provide some personal details and choose a username and/or password. You represent and warrant, that the details You will provide when creating Your Account are accurate, up-to-date and complete. We reserve the right to suspend or terminate an Account if any detail provided by You in the registration process or thereafter is found to be false, misleading or inaccurate.
It is strictly prohibited to use a username and/or password by a person who is not the user that established the Account. You must save the username and password in a secure and confidential manner at all times, and avoid disclosing and/or sharing them with others. You must immediately inform Us in any event of a loss or theft of Your password, exposure thereof to an unauthorized third party, or any unauthorized access to or use of Your Account. You bear responsibility and liability for all activities taking place in Your Account.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial use strictly in accordance with the terms of this Agreement.
This Agreement confers no title or ownership and is not a sale of any rights in the Application or any of the proprietary rights of the Company. All rights not expressly granted to You are reserved solely to the Company and/or its licensors. Nothing herein should be construed as granting You by implication, estoppel or otherwise, a license relating to the Application other than as expressly stated in this Agreement.
License Restrictions
You agree not to, and You will not permit others, to:
● License, sublicense, sell, rent, lease, assign, distribute, publish, transmit, host, outsource, disclose or otherwise commercially exploit the Application, the Services, and/or the Content or make the Application, the Services, and/or the Content available to any third party.
● Copy, sublicense or use the Application for any purpose other than as permitted under the above section ‘License’.
● Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application, the Services and/or Content, or attempt to gain access to any software component thereof that is not intended to be accessed by a user.
● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
● Introduce viruses, worms, Trojan horses, or harmful code to the Application or through any of the Services.
● Attempt to probe, scan or test the vulnerability of the Application and Services to breach security or authentication measures without Company’s prior written consent.
● Circumvent, disable or otherwise interfere with security-related features or other digital-rights-management features of the Application.
● Create a security risk to the Services and/or any third party.
● Commit any fraudulent activity.
● Use the Application and/or the Services for any illegal cause or in any manner that violates the terms of this Agreement or any applicable law, or in any manner otherwise detrimental to the Company, its service providers and licensors, the Services, the Content and/or any third party.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company and/or its licensors.
The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the
Application.
Third-Party Services
The Application may provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable third parties' terms of agreement when using the Application. Third-party Services are provided solely as a convenience to You and Your access and use of such services is entirely at your own risk and subject to such third parties' terms and conditions.
Privacy Policy
The Company collects, stores, maintains, and shares information about You in accordance with Our privacy policy, available at: ______] (“Privacy Policy”).
By downloading or using the Application and/or Services , You represent and warrant that you have read and understood Our Privacy Policy and agree to its terms.
You further represent and warrant that any data that you will submit to Us in connection with your use of the Application shall be complete and accurate and that you have the legal right and authority to provide such information,
You acknowledge and agree that the Company and the App Operator may access data that you may submit to the Services and/or Application and/or that may be collected as part of your use thereof for the purpose of improving the Services and other purposes set forth in Our Privacy Policy or otherwise as permitted under applicable law.
Consent for Receiving Promotional Materials:
We would like to send you occasional updates and offers regarding the Company's services and products. By providing your details to the Company or purchasing products/services from us, you agree to receive service messages and promotional communications from the Company via email, SMS, text messages, and any other media. At any time, you may withdraw your consent to prevent further receipt of promotional materials by contacting us using the contact details provided below.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement, or any part thereof, with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Please note that deleting the Application from your Device does not necessarily terminate other agreements that you may have entered into with us, including agreements governing the use of your charger.
Termination of this Agreement will not limit any of the Company's rights or remedies in law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under this Agreement.
Upon termination of this Agreement, the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of the Sections of this Agreement titled “Intellectual Property”, “Your Suggestions”, “No Warranties”, "Limitation of Liability”, “Indemnification”, “License”, “Governing Law”, Miscellaneous and “Term and Termination”), shall survive such termination for any reason and shall continue to apply.
Indemnification
Subject to any applicable law, You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, brought against the Company by any third party due to or arising out of your:
(a) use of the Application or Services; (b) violation of this Agreement or any applicable law or regulation; or (c) violation of any right of a third party.
No Warranties
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND/OR THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND/OR THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEVEL OF SECURITY, PRECISION, CREDIBILITY, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Without limiting the foregoing, neither the Company nor any of the Company's providers or licensors makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application and/or the Services, or the information, content, and materials or products included thereon; (ii) that the Application and/or the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or Content provided through the Application and/or the Services; or (iv) that the Application, the Services, the Content, or e-mails sent from or on behalf of the Company are secure and/or free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. However, in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable, and assumes no responsibility, for any loss or damages whether pecuniary or otherwise arising from or relating to the information available through the Services or downloaded therefrom, the use of the Services, activities arising from your use of the Services (including but not limited to your use of a charging station), or any third-party materials on the Services or available through the Services.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS OR LICENSORS UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE HIGHER OF: THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR USE OF THE APPLICATION IN THE TWELVE (12) MONTHS’ PERIOD PRIOR TO THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY, OR USD 10.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, ASSUME NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR APPLICATION’S ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, INCLUDING ANY ELECTRICITY FAILURE AND/OR ANY DOWNTIME OF THE SERVICES AND/OR THE APP; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (IV) ANY LOSS OF DATA; AND (V) ANY LOSS OF BUSINESS OPPORTUNITIES, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF REPUTATION. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL
DAMAGES, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Miscellaneous
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
No waiver on the part of the Company of any right under this Agreement shall be effective unless in writing and signed by Company’s duly authorized representative.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company. All other changes to this Agreement are effective immediately upon publication of the updated Agreement on our Website and/or in the Application. By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law
The laws of Israel, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application, without reference to its conflicts of laws principles. The courts of the Tel Aviv District shall have exclusive jurisdiction over any dispute or claim arising under this Agreement.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes and replaces all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other services or products offered by the Company.
Contact Us
If you have any questions about this Agreement, You can contact Us, By email: [email protected]