General Terms and Conditions of Sale

Service privacy policy terms

Simplified Joint Stock Company
Capital: 20.000 €
Registered with the RCS Lyon under number 922 271 564
49 Bd Lucien Sampaix – 69190 SAINT FONS

EV MAP is a registered trademark. Any total or partial reproduction of the trademarks and logos, made from elements of the EV MAP brand’s websites, without the express authorization of EV MAP SAS, is prohibited (Art. L.713-2 and following of the Intellectual Property Code).

These General Terms and Conditions of Sale and Use are intended to define the terms of provision and operation of the websites, software, web or smartphone applications published by EV MAP SAS. They apply in this case to all services provided to its Users by EV MAP SAS as part of its services. EV MAP ».

By opening an account on the EV MAP mobile application EV MAP and/or using the EV MAP RFID card ,the User unreservedly accepts these General Terms and Conditions of Sale and Use, which are systematically brought to the User’s attention during registration.

Article 1. Definitions

TCS

Accessorie(s) :refers to any approved equipment that allows a Vehicle to be connected to a Charging Point. A certified connecting cable provided by the User is considered an Accessory.

Application : refers to the mobile application, available for free, called EV MAP, which operates on iOS and Android environments. It allows the User to locate a Charger, reserve a Charger, create and access a User Account, and activate charging by debiting the payment account.

EV MAP support
: refers to the user support service for Users who have a User Account and, if applicable, an active Payment Account within the EV MAP service.

EV MAP RFID card
: a personalized and nominative card linked to the User’s EV MAP account (individual or legal entity), allowing payment for charges through a partner Operator.

EV charger
: refers to a charging point for Vehicles listed by EV MAP.

GTCU : these General Terms and Conditions of Sale and Use of the Sites.

Payment Account : refers to the personal account opened in the name of the User (individual or legal entity) when subscribing to the EV MAP payment service, to which the EV MAP RFID card will be linked after activation. The charging history will be accessible from the Payment Account.

User Account : refers to the personal account (individual or legal entity) opened in the name of the User after they have duly completed and validated the Registration Form. To access this account, the User registers a username and password, which must be entered in the designated fields.

General Terms and Conditions of Sale and Use : refers to these General Terms and Conditions governing the access and use of the EV MAP payment services and the terms of sale and use of the EV MAP RFID card associated with them.

Access Device : refers to the tool that allows the User to activate charging by debiting the Payment Account. The Access Device can be either an EV MAP RFID Card or the Application.

Personal Data : refers to the personal information recorded by the User during their registration with EV MAP, including cookies.

Form : refers to the registration or information request form that the User can complete in order to benefit from EV MAP services after having reviewed these General Terms and Conditions of Sale and Use.

Session Fees: refers to all fees and costs associated with the use of the Access Device and the use of a Charger to recharge a Vehicle.

Charging History : refers to the report accessible from the Payment Account that allows tracking, over a given period, all electricity recharges made, their cost, and information about the Charger used.

Host : refers to the owner of charging stations who bills the charging sessions to Users through the EV MAP services.

Card Number : refers to the unique number associated with the User’s EV MAP RFID card and linked to their Payment Account.

Partner Operator : refers to any individual or legal entity operating Chargers.

Charging : refers to the different types of vehicle charging that may be offered as part of the Charging Service.

Station : refers to a charging location, consisting of a site with one or more parking spaces equipped with Chargers. The map of Stations is available on the Site.

Services : Designates the services marketed by the Company, including charging services for electric or plug-in hybrid vehicles, whether these services are paid or free.

Sites : Designates indiscriminately all websites, web applications, and mobile applications made available to Users by the Company.

Société : EV MAP SAS, 49 Bd Lucien Sampaix – 69190 SAINT FONS

User : Designates any individual or entity with a User Account. The User may be referred to by the personal pronoun ‘you’.

Vehicule : Designates the User’s private vehicle, whether electric or plug-in hybrid, for which the Service is used. The term ‘Vehicle’ refers to the Vehicle itself and its Accessories. Depending on the Charging Station, the Vehicle may be a passenger vehicle (‘tourism’), a light commercial vehicle, or an electric two-wheeler, including bicycles.

Article 2. GENERAL INFORMATION

The services described in these Terms and Conditions of Sale and Use are offered and operated by EV MAP SAS – 49 boulevard Lucien Sampaix, 69 190 Saint Fons – France
These Terms and Conditions of Sale and Use cover all services provided by the Company, specifically:

the User Account (as defined below in Section 3).
the listing of Host Charging Stations;
billing and collection of the charging fees charged to the User.
the management of the Access Device, namely the EV MAP RFID Card or an Application
the management of the Sites.

If you request an account EV MAP in the context of an offer or program (“Program”) provided by the Company in collaboration with one of its partners (“Program Partner”) or an “Employer Program,” or if you otherwise enroll in a Program or Employer Program, additional specific terms and conditions applicable to that program (“Program Terms”) may apply to your participation in that Program.

In the event of a conflict between these Terms of Service and the terms of the subscribed Program, the terms of the Program will prevail concerning your participation in the Program.

Article 3. YOUR OBLIGATIONS

You agree to:

Pay all fees related to accessing and using a Charging Station or customer service agent. You must adhere to applicable parking regulations. Failure to do so may result in the removal of the Vehicle and/or a fine, citation, or ticket issued against you, for which you will be responsible for all consequences, including financial ones.
Use your Access Device only in accordance with these Terms and Conditions of Sale and Use, as well as any specific instructions for the Access Device (if applicable) provided to you by EV MAP.
Abide by all current laws and regulations, familiarize yourself with them, and comply with all policies and legal rules set by the owner of the charging station. EV MAP.
Review your Charging History, and if you have any doubts regarding Session Fees, contact the Company’s customer service for clarification. Session Fees that are billed and not disputed within twelve (12) weeks from the date of payment will be considered as irrevocably accepted.
If necessary, verify and update your complete contact details online: your name, email address, postal address, and payment information, including credit card number, expiration date, security code, and billing address, particularly when creating your Account. EV MAP for the first time. Finally, until your User Account is canceled, you remain responsible for all Session Fees charged to your account, whether or not you have notified customer service of any changes to your RFID Card(s). EV MAP.
You must not make your Access Device available to third parties, and you must keep your login credentials confidential at all times, particularly your password. If you discover or suspect that your Access Device has been lost or stolen, or that your login information has been accessed by a third party, you must inform us immediately. We will then block the RFID Card. EV MAP as well as the User Account. Please note that until you inform us of the unauthorized use, the User remains liable for any amounts due for the use of each Access Device, and the Company disclaims any responsibility for misuse by a third party.

Article 4. EV MAP SERVICES

The services provided by the Company include:

The use of our Website as well as our Application includes:
The use of the Access Device includes:
Access to and use of the EV chargers.

Article 5. REGISTRATION OF YOUR EV MAP USER ACCOUNT

You can request the creation of a User Account by providing the required information on the Websites or by sending your request by clicking the corresponding button.

We accept your application by creating your User Account EV MAP and granting you access, but we reserve the right to reject any application at our sole discretion.

As part of registering for the “Employer Program,” you must submit a request through our Website to your employer. Your employer will be directly informed of your request to register your User Account. You expressly authorize our Company to share your personal data with your employer. Your employer has the right to reject the creation of the User Account at their sole discretion.

The User declares that all information and documents provided during the creation of their User Account and, if applicable, their payment account, are accurate and agrees to inform the Company promptly of any changes through the Personal Space. Failure to notify or providing insufficient or incorrect information may result in the automatic termination of the subscription. The Company may perform preliminary checks on the information provided by the User and reserves the right to refuse any subscription request if the address for sending an EV MAP RFID Card is unknown, non-permanent, or fictitious. In such cases, the subscription request will be automatically canceled, and no bank charges will be applied. The Company is free to refuse the subscription request for a legitimate reason, such as the termination of a previous contract by the Company due to fraud or payment default. Subscribing to a Plan binds i) the User, ii) the payer if different from the User, and any holder of the EV MAP RFID Card to whom the User gives the Card.

Article 6. EV MAP INVOICING

Your RFID Card EV MAP can be used to pay for Session Fees at any publicly accessible Charging Station, as well as at any private charging station. EV MAP that you are authorized to use.
When you use your Access Device to pay for Session Fees, your card will be read by the relevant Charging Station, and a record of your transaction will be created. The Session Fees will be charged to your payment account in accordance with the price set by the Host. It is your responsibility to be aware of the pricing terms and the fee charged by the Host for access to the Charging Station. EV MAP. You should be aware that some Hosts charge variable amounts based on the duration of your stay at their charging station. EV MAP.
As the use of the Access Device is strictly personal, the User agrees to pay the Session Fees regardless of the Charging Station used. The User is personally responsible for any use of the Access Device by a third party. You authorize the Company to share with the Host all Personal Data necessary for processing and collecting Session Fees, including your identity, contact details, and payment information.

Article 7. BANKING INFORMATION, FEES, AND MINIMUM ACCOUNT BALANCES

You are not required to provide your bank account or credit card information to create a User Account. If you have not provided your banking information during the creation of your User Account or the linking of your User Account to a payment account, your banking details will be requested when you wish to use a Charging Station. No advance payment is required before the first use of a Charging Station, except in cases of subscribing to a plan or requesting an EV MAP RFID Card.
Upon your first use of a Charging Station, a fixed minimum amount of €20 (twenty euros) including VAT will be credited to your payment account. Session fees associated with your uses will be automatically deducted from your payment account.
You authorize the Company to automatically top up your payment account by charging your credit card the higher of the following amounts:
– 20€ (€20) corresponding to the initial prepaid balance of your User Account, or
– the amount of your average monthly Session Fees, whenever your account balance falls below the top-up threshold you have set.
The Company creates a prepaid balance to ensure that you remain mobile and can always use your User Account to charge your Vehicle with your Access Device. You agree that both your top-up amount and your top-up threshold may change based on your average monthly usage. You have the option to set these preferences in your account settings, accessible from the Websites.
Your balance will be available immediately after your credit card is charged. The Company does not charge any delivery, payment, or other fees for crediting the balance to your account or for other services under this section 3. EV MAP SAS will notify you of both the amount charged and the billing date.
No interest or other benefits will be accrued on the prepaid balances of your RFID Card. EV MAP. In the event that the balance of your Account de paiement if it cannot be topped up due to a payment refusal, rejection, or failure, the Company may suspend all User Accounts linked to the payment account without prejudice to the Company’s ability to collect any outstanding amounts in the event of a negative balance on the payment account, as well as any other fees, costs, or expenses necessary.
When you use a third-party network provider that has a roaming agreement with EV MAP, whether directly or through a “Clearinghouse” (i.e., a hub for technical integration with multiple roaming partners), we will collect the following information about you, referred to as “Roaming Data”: the date of the charging session, start time, end time, duration, identification number, energy distributed, charging point identification number, total charges associated with each charging session, applied pricing policy, and either an access card identification number or an Electric Vehicle contract identifier. You will have access to the roaming data through your account. You agree to comply with all terms and conditions of a third-party network when using it to charge your electric vehicle.

8. ACCESS DEVICES

If an RFID Card EV MAP If the RFID card does not function for reasons other than abuse or misuse, the User must send the card to the Company’s customer service center at their own expense. The Company will then send a new RFID card to the User free of charge. EV MAP.
In the event of loss or theft of an RFID card EV MAP, you must remove the card from the Access Device section of your Account user without delay, either by email to the address support.evmap@EV MAP.fr or by postal mail to the address EV MAP SAS – 49 boulevard Lucien Sampaix, 69190 Saint-Fons / France.

Article 9. USE OF THE EV MAP WEBSITE OR MOBILE APPLICATIONS

You can access and use the Website to obtain information on the locations of Charging Stations, route mapping, and other content and features that The company meta available. The use of the Website is subject to these General Terms and Conditions of Sale and Use.

EV MAP offers RFID cards EV MAP or, in some cases, cards from a third-party brand (referred to as the “partner brand”). Regardless of this third-party brand, EV MAP SAS remains solely responsible for the operation of the network. EV MAP and its RFID cards. EV MAP.

Article 10. USER SUPPORT

The company
provides after-sales service and troubleshooting for its services. This user support may be provided either by the Company or by an external service provider.

Article 11. DISCLAIMER OF LIABILITY:

The Company is not responsible for any consequences arising from any interruption of service, regardless of the reason. The Company cannot be held liable for indirect or consequential damages, including but not limited to loss of customers, loss of earnings, loss of profit, damage to reputation, or third-party claims.

The Company is in no way responsible for fraudulent use or misuse of the User’s credentials by a third party; the User is responsible for keeping their information confidential.

The Company disclaims all responsibility for any damage suffered as a result of defects in Charging Stations, electrical infrastructure, power networks, or connections (internet, mobile, etc.). This includes, but is not limited to, service interruptions, malfunctions, external intrusions, potential delays, and other related issues.

The Company disclaims all responsibility for any damage suffered as a result of defects in the Vehicle or its Accessories.

The Company cannot be held responsible for damages resulting from misuse or from full or partial violations of applicable regulations, current safety instructions, or any other rules related to the charging stations or the electric vehicle in question.

In the event of any damage, you are required to notify the Company as soon as possible by email at the address support.evmap@EV MAP.fr or by postal mail to the address EV MAP SAS – 49 boulevard Lucien Sampaix, 69190 Saint-Fons / France. In the event of a confirmed malfunction of the RFID card EV MAP attributable to the Company, it is solely responsible for replacing the card.

The Company’s liability cannot be engaged in the event of non-performance or improper performance due to either the User’s actions, an unavoidable and unforeseeable third party event, or force majeure (as defined in Article 1218 of the Civil Code).

non-compliant use or inappropriate conditions by the User,
alteration, malfunction of the User’s equipment, or the equipment and/or networks of French and foreign telecommunications network operators interconnected with the Service,
modifications made to the installation or equipment by a third party,
malfunction of the internet network or telephone or cable networks providing internet access,
disruptions related to electromagnetic wave propagation anomalies,
suspension of the User Account or the Payment Account.
transport difficulties,
strikes,
government measures, etc. (non-exhaustive list).

The Company cannot, under any circumstances, be held responsible for unauthorized payments except those made after a block, provided you acted in good faith. The Company is in no way obligated to refund the amounts thus debited in this context.

Article 12. CHARGING YOUR ELECTRIC VEHICLE

You can use your access device at any authorized EV Chargers EV MAP You can use your access device at any authorized EV Chargers

After charging your EV at a charging station, EV MAP activated using your access device, the applicable session fees will be deducted from your account balance EV MAP.

Article 13. DURATION AND TERMINATION

The duration of the contract concluded under these General Terms and Conditions of Sale and Use is indefinite.

Either party may terminate this agreement at any time.

The User must return all RFID cards by registered mail within 30 (thirty) days. EV MAP attached to the User Account to the following address: EV MAP SAS – 49 boulevard Lucien Sampaix, 69190 Saint-Fons / France.

If the RFID cards are not returned within 30 (thirty) days, each unreturned EV MAP RFID card will be charged a flat fee of 20 (twenty) euros per card.

The Company, after deducting the price of any unreturned EV MAP RFID cards,, will refund any remaining credit balance to the User’s Payment Account no later than 60 (sixty) days after termination.

Article 14. USER RESPONSIBILITY

The User agrees to use the Service in accordance with these General Terms and Conditions of Sale and Use (GTCU) and after accepting them, to:

Use the Charging Stations Appropriately: Use the EV Chargers in a normal manner, in accordance with their intended purpose and the technical specifications of your Vehicle and Accessories.

– Follow Manufacturer Instructions: Adhere to the vehicle and accessory manufacturer’s instructions regarding the maximum duration and power of charging.

– Connect Only Approved Vehicles: Only connect electric vehicles or plug-in hybrid vehicles that are commercially available on the market to the Charging Stations.

– Report Malfunctions: Inform the Company of any malfunction affecting a Charging Station.

Article 15. LIMITATION OF LIABILITY OF EV MAP

EV MAP SAS will be liable in accordance with applicable legal provisions (whether contractual, tortious, or otherwise) for damages incurred by you that:

have been caused by EV MAP SAS, its legal representatives, agents, or auxiliaries acting or failing to act when there was an obligation for EV MAP SAS to do so. of acting, through gross negligence or with intentional or willful misconduct
occurred as a result of a breach of a warranty (the term “warranty” as defined by applicable legal standards);
occurred as a result of EV MAP SAS’s breach of an essential contractual obligation
result from a violation of your privacy, personal integrity, or health

“Essential contractual obligations” are those contractual obligations whose performance is crucial for the proper execution of the agreement and on which the contracting party can legitimately rely, and which, on the other hand, compromise the purpose of the agreement.

Notwithstanding any contrary provisions in this section, EV MAP SAS shall not be liable for damages if, and to the extent that, they are caused by your own negligence, intentional fault, or other culpability.

Article 16. DATA PRIVACY

16.1. In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended, relating to data protection, and Regulation (EU) 2016/679 of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, the personal data of Users are processed by the Company, which is the data controller.

16.2. The collected data is intended for the Company, its partners, and external service providers (including charging and mobility operators as well as interoperability platforms, within the framework of inbound or outbound roaming for charging), as well as financial and postal institutions and authorized third parties in accordance with legal or regulatory provisions.

16.3. These data are collected as part of the subscription and execution of the Contract or in the legitimate interest of the Company. The collection of certain data is mandatory when necessary for management purposes, including billing and collection. Failure to provide such data will prevent you from becoming or remaining a User. Other data is optional and aims to support commercial operations, provide personalized services (Personal Space, etc.), or send surveys. Data related to the charging of the Vehicle or the use of the Services by the User may also be collected (notably through the Charging Stations) and used anonymously by the Company and its partners for the purposes described above.

16.4. Commercial solicitation via electronic means by the Company or its partners is permissible only if the User has expressly consented to it in advance.

16.5. The collected data will be retained for the duration of the Contract and for 5 years after its termination.

16.6. In accordance with regulations, the User has the right to access, rectify, and object free of charge to the use of their personal information for commercial prospecting purposes. Additionally, the User has the right to request the restriction of processing and the right to data portability. The User can exercise these rights by proving their identity, if necessary, by contacting the Company via email at the address service.-support.evmap@EV MAP.fr or by postal mail to the Company’s registered address. Lastly, the Client or User has the option to file a complaint with the National Commission for Data Protection (Commission Nationale de l’Informatique et des Libertés – CNIL) if they believe their rights have been violated.

The Company reserves the right to conduct mailings or emails regarding its own products or services, or for partner products or services. You may request at any time that EV MAP SAS cease these promotional activities through the following means: by email at
marketing@EV MAP.fr or by mail at the following address:
EV MAP SAS – 49 boulevard Lucien Sampaix, 69190 Saint-Fons / France

The Company reserves the right to verify your personal data with the relevant authorities and to obtain further information about you in the context of combating fraud and money laundering.

Article 17. GOVERNING LAW AND DISPUTES

The law applicable to these General Terms and Conditions of Sale and Use is French law.

The Company and the User will make every effort to amicably and in good faith resolve any disputes related to the validity, interpretation, and execution of this contract.

In the absence of an amicable agreement between the Parties, any dispute related to the validity, conclusion, interpretation, execution, or termination of this contract shall be exclusively under the jurisdiction of the Commercial Court of Lyon.

Disputes falling under a special jurisdiction will be submitted to the competent French courts and tribunals.

If any provision of these General Terms and Conditions of Sale and Use is deemed invalid under a rule of law or current legislation, it shall be considered as non-existent, but the other provisions of the General Terms and Conditions of Sale and Use will remain in full force and effect.

Unless otherwise provided, the fact that either party has not enforced any provision of these General Terms and Conditions of Sale and Use shall not be considered a waiver of that party’s rights under the said provision.

Article 18. RIGHT OF WITHDRAWAL

The “Articles L. 221-18 to L. 221-28” of the French Consumer Code

This right is available to individual consumers (not professionals) and is reiterated in Article 11 of these terms, as outlined below.

You have the right to withdraw from this contract within 14 days without having to provide a reason.

The withdrawal period will expire 14 days after the day the EV MAP service contract is concluded.

To exercise your right of withdrawal, you must inform us by email at the address support.evmap@EV MAP.fr or by postal mail to the address EV MAP SAS – 49 boulevard Lucien Sampaix, 69190 Saint-Fons / France, by sending us the cancellation form below, or a clear and unequivocal statement of cancellation on a separate piece of paper.

Cancellation form to be sent to:
EV MAP SAS – 49 boulevard Lucien Sampaix, 69190 Saint-Fons / France or via email support.evmap@EV MAP.fr

I, the undersigned: Name:
First Name:
Postal Address:
Email Address:
Phone Number:
RFID Card Number EV MAP :
User Account Number EV MAP :
Declare canceling my subscription to the payment service EV MAP,

Date :
Signature :

The exercise of the right of withdrawal is free of charge and incurs no costs. You may use the services EV MAP, during the withdrawal period for testing purposes. You will then be liable for any charges incurred during this period.

Any use of the services EV MAP for purposes other than conducting a test, acceptance of this constitutes a waiver of the right to withdraw

In the event of damage to the Access Device due to your own fault, that of one of your representatives, or any other third party for whom you are responsible, before the expiration of the withdrawal period, you will no longer be able to exercise that right.

Effects of Withdrawal:

The request for withdrawal from the services EV MAP takes effect immediately upon receipt of the request by EV MAP SAS.

You will need to settle any outstanding balances on your payment account EV MAP. Only the price of the EV MAP RFID card and the shipping fees will be refunded. Any top-up operations carried out before the request for withdrawal takes effect will be billed according to these provisions and will remain owed to EV MAP SAS.

You will need to return your RFID card(s) EV MAP within 15 business days, at your expense.