GENERAL TERMS OF USE – SPARKLIN APPLICATIONS AND MANAGER

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LEGAL INFORMATION

In accordance with Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, the following details the identity of the various parties involved in the creation and monitoring of this contract.

The mobile applications Spark-A and Spark-i are developed and published by Sparklin SAS, registered under RCS Nantes B 894 896 448, located at 4 rue de la Cornouaille, 44300 Nantes, France.

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Phone: +33 2 85 52 26 35 Email: contact@sparklin.io

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Hosting Provider

Trident Media Guard SA,

RCS 441 392 586

4 rue de la Cornouaille, 44300 Nantes, France

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DEFINITIONS

For the purposes of this Agreement, the following terms are defined as follows:

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"User Application": refers to the SPARKLIN mobile application installed on the User's phone to access and use the Socket, including all SPARKLIN Services and all related content, tools, features, and functionalities, such as:

1. Spark-A Application: the application intended for Users of Sparklin Sockets, allowing access to Sparklin Services, available on Google Play®.

2. Spark-i Application: the application intended for Users of Sparklin Sockets, allowing access to Sparklin Services, available on the App Store®.

3. "Installer Application": refers to the SPARKLIN mobile application installed on the Installer's phone for setting up the Socket on behalf of the Manager. It enables the Installer to perform the software commissioning after installation and connection.

 

"Manager Application": refers to the SPARKLIN web application used by the Manager to monitor Socket operations and manage Users and Communities.

"Community": a group of identified Users with specific usage rights and conditions defined by the Manager for a set of Sockets.

"Sparklin Account": the personal space created by the User when registering on the User Application.

"Agreement" or "GTU" or "General Terms of Use": this contractual document governing the terms of access to and use of the User Application and Sparklin Services by the User.

"Data": all information and data, including Personal Data, entered or uploaded by the User into the User Application, either manually or automatically.

"Personal Data": any information relating to an identified or identifiable natural person, directly or indirectly, as defined by applicable laws. This includes coded or pseudonymized data that can be linked back to an identified individual.

"Installer": subcontractors (electricians) of SPARKLIN responsible for the installation of the Socket.

"Manager": the host provider or site operator (public or private) equipped with Sockets. This may be the owner of the Socket or a designated individual responsible for User and Community management. The Manager contracts with Sparklin and defines the usage rules of the Sockets.

"Sparklin Partners" or "Partners": any legal entity having a contractual relationship with Sparklin, excluding clients, such as integrated payment service providers.

"Sparklin Charging Point": a physical location equipped with one or more Sockets.

"Socket(s)": the electrical socket designed and manufactured by SPARKLIN, intended for charging electric or hybrid vehicles and connected to a communication network to enable Sparklin Services.

"Integrated Payment Service": a service offered by Sparklin through its partner that allows a User to order, monitor, and validate payment for a Sparklin Service via the Sparklin Mobile Applications.

"Sparklin Services": all services provided by Sparklin to Users, as listed and defined in Appendix A.

"Transaction": the process initiated by a User’s request for a Sparklin Service, its execution, and payment validation.

"User(s)": any individual, either acting privately or on behalf of an organization, granted usage rights to the Sockets and holding or authorized to create a Sparklin Account.

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CONTACT

For any questions or information regarding the application or to report unlawful content or activities, the User may contact the publisher via: Email: contact@sparklin.io Mail:

 

SAS Sparklin

4 rue de la Cornouaille

44300 Nantes, France

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PURPOSE

These General Terms of Use aim to define:

1. The terms and conditions under which Sparklin makes the User Application and Sparklin Services available to Users;

2. The rights and obligations of Users when using the User Application and Sparklin Services.

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ACCEPTANCE OF THE GTU

The GTU are made available to Users within the User Application under a dedicated tab where they are directly accessible.

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Access to and use of the User Application is subject to the acceptance and compliance with these General Terms of Use. Explicit acceptance will be required from each User during their first connection to the Sparklin Services through the User Application. At the time of creating a Sparklin Account, as detailed in Article 8 "Access Conditions," the User must read and accept the GTU. Sparklin reserves the right to modify these General Terms of Use at any time and without prior notice. In such cases, Sparklin will inform Users of the updated GTU and their effective date. Users may refuse these changes within one (1) month of notification by sending a registered letter with acknowledgment of receipt to the following email address: contact@sparklin.io. Such refusal will result in the User losing access to the Sparklin Services. Continued use of the User Application and Services constitutes acceptance of the modified GTU. The new version of the GTU will be available in the User Application tab with its effective date.

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Sparklin may also periodically update the User Application and Sparklin Services without these updates entitling Users to additional rights, compensation, or any other claims, as Users remain free to discontinue use at any time.

 

SPARKLIN COMMITMENTS

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1. TECHNICAL REQUIREMENTS

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The User Application and Sparklin Services are accessible to any User with an internet connection. All expenses required to access digital services (hardware, internet access, etc.) are the responsibility of the User.

By accepting these Terms of Use, the User agrees to use a secure internet connection that guarantees compliant usage of the User Application and Sparklin Services as described herein.

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2. REGISTRATION

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Access to the User Application and Sparklin Services is limited to authorized Users.

The User will be notified by email that access to the User Application has been granted by the Manager. The User must then download and log in to the User Application. To verify their authorization, the User must provide their phone number. The User may then create a Sparklin Account if access has been authorized by a Manager.

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Access is confirmed once the User accepts these Terms of Use and the Privacy Policy by checking the designated boxes during the initial login.

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The creation of a Sparklin account by the user. 

Account creation is reserved for individuals of legal age or those with parental or legal guardian consent. Sparklin reserves the right to request proof of age or consent at any time and by any means.

To create a Sparklin Account, the User must provide the Manager with the following information:

• Phone number

• First and last name (no pseudonyms or fictitious names)

• Email address

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Upon registration, the User commits to providing accurate, truthful, and up-to-date information. The User must keep this information current while using Sparklin Services.

In particular, the User must provide a valid phone number, which Sparklin will use to confirm registration. The same email address cannot be used to register multiple Users.

Any communication sent by Sparklin or its Partners is deemed received and read by the User. The User agrees to regularly check this email and respond promptly or within specified timeframes.

Each individual may register only once. Every User receives a unique ID and password-protected access to their personal Sparklin Account.

The password is confidential. The User is responsible for keeping it secure and for all activities on their account resulting from its disclosure.

In case of suspected fraud, loss, or theft of login credentials, the User must promptly notify Sparklin at sav@sparklin.io.

Sparklin shall not be held liable for any unauthorized use of a User Account.

Sparklin reserves the right to deny registration at its sole discretion.

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3. UNREGISTRATION – SUSPENSION

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A registered User may unsubscribe at any time via their Sparklin Account. Unsubscription becomes effective immediately upon submission and confirmation of the designated form.

Unsubscribing does not exempt the User from paying any amounts owed to Sparklin or its Partners, who may seek recovery by any legal means.

Sparklin also reserves the right to suspend or terminate access to its Services if the Terms of Use or Partner terms are violated.

Additionally, a Manager may revoke a User’s access to the User Application at any time.

In cases of false or misleading information provided by the User, Sparklin may suspend or close the account until the information is corrected.

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USER OBLIGATIONS

Users agree to comply with these Terms of Use and to use the User Application solely to access Sparklin Services.

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In particular, the User agrees to use the Application and Services:

• According to their intended purpose;

• In compliance with intellectual property rights, including those outlined in the "Intellectual Property" section of these Terms.

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The User further agrees to:

• Take all necessary precautions to prevent the spread of viruses, trojans, worms, logic bombs, or any other malware that may damage or disrupt the Application and Services;

• Not transmit any viruses or harmful programs, or otherwise disrupt the operation of the Application;

• Implement appropriate security measures to protect their data, software, and hardware from contamination by malware via the Application;

• Provide accurate, truthful, and up-to-date personal information;

• Not upload or share content that is defamatory, offensive, obscene, pornographic, vulgar, aggressive, violent, threatening, harassing, racist, xenophobic, sexually explicit, discriminatory, or otherwise harmful to the purposes of the Application and Services or the rights of Sparklin or any third party;

• Not infringe on Sparklin’s image or intellectual property rights;

• Comply with these Terms of Use and the Privacy Policy;

• Not use automated tools or programs (bots, scrapers, etc.) that could compromise the integrity of the Application;

• Not reuse or copy content from the Application without authorization;

• Not reproduce or use Sparklin’s brand, company name, logo, or other distinctive signs without prior written consent.

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Users also agree to promptly report any incidents affecting the Application or Services, such as hacking attempts, phishing, or illegal usage.

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Finally, Users must comply with all applicable legal and regulatory requirements when using the Application and Services.

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Failure to comply with these obligations may result in the suspension or termination of the User’s Sparklin Account.

 

LIABILITY

Users explicitly acknowledge that the use of the User Application and Sparklin Services is at their own risk.

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Sparklin is only responsible for content it has directly published and does not guarantee the accuracy, completeness, or timeliness of the information provided.

Sparklin shall not be held liable:

• For issues related to payment processing services provided by third-party payment providers;

• For technical, software, network, or compatibility issues involving third-party equipment or software;

• For direct or indirect damages, whether material or immaterial, foreseeable or unforeseeable, resulting from the use or difficulty of using the Application or Services, except where required by law;

• For risks inherent to the internet, including lack of reliability or data security;

• For illegal content or activities conducted by Users via the Application.

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Users are solely responsible:

• For the protection of their hardware and data;

• For their personal use of the User Application and Services;

• For any breach of these Terms of Use or misuse of the Services.

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FINANCIAL TERMS

Users agree that they are solely responsible for the use of the User Application and Services.

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Sparklin is only responsible for the content that it itself has edited, without guaranteeing the accuracy, completeness, and timeliness of the information that is disseminated. 

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Sparklin is not liable:

• For any issues with payment processing handled by third-party providers;

• For technical issues or incompatibility with third-party devices or software;

• For direct or indirect damages resulting from use of the Application or Services;

• For internet-related security flaws or data reliability issues;

• For unlawful actions conducted by Users.

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Users are responsible:

• For protecting their own hardware and data;

• For how they use the Application and Services.

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INTEGRATED PAYMENT SERVICE

Sparklin partners with a payment service provider to handle all transactions and securely store users’ card information. To use the Integrated Payment Service, the User must enter into a contract directly with the payment provider and accept its terms. Confirmation will be required when saving a payment method.

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The User validates payment after using a Sparklin Service (e.g., an EV charging session). If the User does not confirm the payment, it will be automatically processed after 24 hours unless a dispute is raised within that period.

Furthermore, it is specified that the amount of the payment validated by the User will initially be kept in an escrow account controlled by the Partner payment service provider chosen by Sparklin, the payment amount will be definitively transferred to an account controlled by Sparklin after the closing of the Transaction.

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As part of the Integrated Payment Service, the Transaction is closed: 

• Automatically after the expiry of the 24-hour dispute period (hereinafter "Dispute Period") if no dispute is declared by the User through the function provided for this purpose in the User Application;  

• After resolution by Sparklin if a dispute is submitted during this period.

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Once finalized, funds are transferred to Sparklin.

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Sparklin does not provide payment processing services directly. Users are responsible for correctly entering and managing their payment details. Sparklin disclaims liability for any misuse or mishandling of payment information to the extent permitted by law.

Use of the Integrated Payment Service is restricted to the individual User and may not be transferred, resold, or used for third-party benefit.

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In case of suspected fraud, abuse, or terms violation, Sparklin reserves the right to immediately suspend the User Account and any ongoing transactions.

 

BILLING

The Manager grants Sparklin the authority to issue invoices and/or receipts on their behalf for each transaction conducted via the Spark-A Application, provided invoice details are supplied.

Managers may dispute these documents within three (3) days from the date of issuance. After this period, the invoice or receipt is considered accepted.

The Manager is responsible for storing and archiving these documents in accordance with applicable legal requirements.

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HYPERLINKS

The User Application may contain links to external websites over which Sparklin has no control.

Sparklin assumes no responsibility for the content, advertising, products, or services available on or through such external sites.

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PERSONAL DATA

Sparklin’s Privacy Policy, available at www.sparklin.io, outlines how user personal data is collected and processed. By accepting these Terms of Use, the User confirms having read the Privacy Policy.

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INTELLECTUAL PROPERTY

All elements of the User Application—including but not limited to user interface design, navigation structure, text, graphics, images, photos, sounds, videos, 3D renderings, and software—are the exclusive property of Sparklin and are protected by French intellectual property laws.

These Terms do not confer any transfer of intellectual property rights.

 

Any partial or total reproduction, reverse-engineering, adaptation, or exploitation of any software, content, trademarks, patented inventions, models, or other proprietary Sparklin materials, by any means, is strictly prohibited without prior written consent. Unauthorized use may constitute infringement under Articles L.335-2 and following of the French Intellectual Property Code.

Access to the User Application and Services grants no right of ownership. Users receive a limited, non-exclusive, non-transferable, and non-assignable right to use Sparklin’s Mobile Applications under these Terms, provided all obligations are fulfilled.

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This right of use is carried out by remote access from the User Application and includes:

• Accessing the User Application in accordance with these Terms;

• Accessing Sparklin Services as outlined herein.

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Users are prohibited from introducing or integrating software components or data that may alter the behavior, content, or appearance of the Application or Services.

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GOVERNING LAW

These Terms of Use are governed by French law and must be interpreted accordingly.

In case of disputes relating to execution, termination, or interpretation of these Terms, parties will seek an amicable resolution.

 

Failing that, jurisdiction shall fall exclusively to the courts of Nantes.

 

DURATION

These Terms take effect upon User acceptance and are valid indefinitely.

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Users may unsubscribe and delete their Sparklin Account at any time. Likewise, Sparklin may suspend or revoke access to the Application under the conditions provided in Article 8.

Termination by either party constitutes termination of these Terms.

 

In the event of termination by Sparklin, Users will be informed via their registered email address. If the address is unreachable, Sparklin is under no further obligation to notify the User.Termination by Sparklin grants no additional rights or compensation to the User.

 

In the event of termination by the User, it is recalled that the User remains liable and must pay as soon as possible the amounts remaining due to Sparklin and that Sparklin may claim and recover these amounts by any means at its convenience and at the expense of the User. 

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NOTIFICATION AND COMPLAINTS / MEDIATION

All notifications and/or complaints must be sent via email to: dpo@sparklin.io

Users acting as consumers are informed of the possibility of submitting any disputes that cannot be resolved directly with Sparklin to a conventional mediation process or other alternative dispute resolution methods.

Sparklin is required to provide the contact details of the appointed mediator.

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For reference, the European Commission’s online mediation platform is available at: http://ec.europa.eu/consumers/odr/

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APPENDIX A: SPARKLIN SERVICES

This appendix lists the services that may be provided by Sparklin and its Partners to Users.

Sparklin is under no obligation to offer any specific service to any given User and retains full discretion in determining which services are provided to which Users.

The list of services may be updated, expanded, or removed at any time at Sparklin’s sole discretion, without giving rise to any rights, compensation, or claims by Users, who may choose to stop using Sparklin Services at any time.

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As of 01/04/2023, Sparklin Services include:

• Access to electric vehicle charging services;

• Access to a user account;

• Access to communities;

• Initiating a charging session within communities;

• Monitoring a charging session remotely;

• Stopping a charging session remotely;

• Scheduling home charging times;

• Online payment;

• Expense report generation;

• Declaring the nature of the charging session (business or personal);

• Accessing charging history.

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APPENDIX B: OVERVIEW OF SPARKLIN MOBILE APPLICATIONS

This appendix lists the features of Sparklin Mobile Applications available to Users.

Sparklin is not obligated to provide any specific feature to any User and retains the right to decide which features are made available.

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The list of features may vary between SPARK-A and SPARK-I applications and may be updated, expanded, or removed at any time at Sparklin’s sole discretion, without entitling Users to any additional rights or compensation. Users may stop using Sparklin Services at any time.

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As of 01/04/2023, the SPARK-A and SPARK-I applications offer the following features:

• Monitoring of consumption rights and access rights across different Communities;

• Payment or registration for electric vehicle charging services, according to the applicable Terms of Sale;

• Validation of a Transaction by the User;

• Filing a dispute regarding a Transaction by the User;

• Access to charging history and invoices.