Zaptec Terms and Conditions (T&C)

1. Introduction – Welcome to Zaptec

These terms and conditions (the "Terms") apply to Your use of Zaptec Cloud, delivered by Zaptec Charger AS. These Terms form a legal agreement between You as a User and Zaptec, and we encourage You to read them carefully. If You, as a User, do not agree with these Terms, You must immediately discontinue Your use of Zaptec Cloud.

In addition to these Terms, Zaptec's Privacy Policy describes how Zaptec processes the personal information we may collect when Users use Zaptec Cloud.

2. Definitions

For the purposes of these Terms, words and capitalised terms shall have the following meaning:

i. "Intellectual Property Rights" means all rights of industrial or intellectual property, including, inter alia, (i) processes and technology (whether patentable or not); (ii) know-how, trade secrets, business models and other confidential information; (iii) copyrights and other authors' rights (e.g. in computer software, code and documentation), design rights (whether registered or unregistered), database rights and technical information of all kinds; (iv) trademarks (whether registered or unregistered), trade names and domain names; and (v) other rights of a similar kind, whether registered or unregistered.

ii. "Privacy Policy" means Zaptec's privacy policy available here.

iii. "Terms" means these Zaptec terms and conditions that apply to Your use of Zaptec Cloud.

iv. "Third Party Terms" means the terms and conditions applicable to third-party software, service or other components that may be available to the User via Zaptec Cloud.

v. "User Data" means the data which the User uploads to Zaptec Cloud.

vi. "Website(s)" means Zaptec's website available here.

vii. "You", "Your" or "User" means a user of Zaptec Cloud, including both consumers and users engaged in business activities.

viii. "Zaptec" means Zaptec Charger AS, company registration number 912 494 470 as incorporated in the Norwegian register of business enterprises.

ix. "Zaptec Cloud" means software platform that provides real-time processing, management, monitoring and control of Zaptec products and services. It is accessible to end-users via the Zaptec App and Zaptec Portal, and via the Zaptec API for integration with third-party systems (subject to reasonable usage patterns).

3. Acceptable use

The User agrees to only use Zaptec Cloud for the intended purposes and as permitted pursuant to these Terms and applicable laws. When using Zaptec Cloud, the User agrees and understands that:

a) In order to use Zaptec Cloud, the User may be required to provide certain information about themselves (such as name, contact details etc.). The User agrees that any information the User provides will always be accurate, correct and up to date;

b) You are responsible for maintaining the confidentiality of any login information associated with any account You use to access Zaptec Cloud. Accordingly, You are responsible for all activities that occur under Your account(s). To this effect, the User agrees to promptly inform Zaptec of any possible misuse of the User's account(s), authentication credentials or any security incidents related to Zaptec Cloud;

c) Accessing (or attempting to access) any of our Zaptec Cloud by any means other than through the means Zaptec provides is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Zaptec Cloud through any automated, unethical or unconventional means; and

d) Engaging in any activity that disrupts or interferes with Zaptec Cloud, including the servers and/or networks to which our Zaptec Cloud is located or connected, is strictly prohibited.

For the avoidance of doubt, the User shall not use Zaptec Cloud for advertising, marketing or sales activities unless expressly authorised by Zaptec in a separate agreement.

4. Licensed rights

4.1 Your licence to use Zaptec Cloud

Zaptec Cloud is the property of Zaptec. Zaptec hereby grants to You a non-exclusive, non-transferable, limited, personal and revocable right to use Zaptec Cloud for Your personal use, provided that You comply with the Terms.

4.2 Your licence to use Zaptec Cloud

Except for the rights expressly granted to You in these Terms, Zaptec grants no right, title or interest to You in Zaptec Cloud.

You shall not, directly or indirectly:

a) copy, redistribute, reproduce, transfer, disclose or otherwise make available to the public any part of Zaptec Cloud, or otherwise make any use of Zaptec Cloud that is not expressly permitted under the Terms or which otherwise infringes the Intellectual Property Rights in Zaptec Cloud;

b) reverse-engineer, decompile, disassemble, modify or create derivative works of Zaptec Cloud, or any data therein, except to the extent permitted by the Terms;

c) "frame" or "mirror" Zaptec Cloud or any portion of it on any other server or Internet-based device without the prior written consent of Zaptec;

d) circumvent any technology used by Zaptec, or its licensors, or any third party to protect Zaptec Cloud or any data therein;

e) hinder or manipulate the flow of data or information generated through Zaptec Cloud to and from Zaptec;

f) utilise Zaptec Cloud, or any data therein, for any other purposes than expressly allowed under the Terms; or

g) allow unauthorised persons access to or use of Zaptec Cloud or using any other person's login credentials, unless expressly permissible under the Terms or other agreements with Zaptec to which You are subject to, or upon Zaptec's written permission.

4.3 Zaptec's licence to User-related data

Zaptec Cloud relies on data shared by You. This data is collected, stored and processed and/or analysed by Zaptec as is necessary in order to provide You with Zaptec Cloud. Zaptec will keep all data that You submit to Zaptec Cloud secure and only process Your data for the purpose of providing Zaptec Cloud to You.

The User hereby grants to Zaptec a worldwide, non-exclusive, limited term licence to access, use and process User Data as is reasonably necessary: (a) to provide, maintain and update Zaptec Cloud, (b) to prevent or address service, security, support or technical issues, (c) as required by law; and (d) as expressly permitted by You. Upon termination of Your user account, Zaptec will delete all User Data from Your account in accordance with Zaptec's Privacy Policy (as applicable).

Without prejudice to the aforementioned, Zaptec reserves the right to process aggregated meta data collected through Your, and other users’, use of Zaptec Cloud for statistical, market research, product and service development, and other internal or commercial purposes.

5. INTELLECTUAL PROPERTY RIGHTS

For the avoidance of doubt, You acknowledge that any and all Intellectual Property Rights to Zaptec Cloud, as well as the technology required to provide Zaptec Cloud, data, documentation or other materials provided by Zaptec, and any updates, amendments, modifications, changes, improvements and further development and derivatives thereof, are the sole and exclusive property of Zaptec or its licensors (as applicable).

6. Third-party applications

Software, services or other components included in Zaptec Cloud which are provided by third parties (if any) are subject to Third-Party Terms. These Third-Party Terms shall be binding on the User, and may be changed or updated by the third parties in question from time to time in accordance with their respective terms and conditions.

7. Account

7.1 Creating a user account

In order to use Zaptec Cloud, You must create a user account. To register, You must be over 18 years of age and provide a valid email address, Your name and Your country of residence. You warrant that any such information You provide to Zaptec is true and up to date.

Newly created user accounts that are not activated within 14 days will be deleted.

7.2 Account security

As the creator of Your user account, You have access and control over the Zaptec account providing access to Zaptec Cloud and the devices that are used to access Zaptec Cloud. To maintain control over the account and to prevent anyone from accessing the account, You should maintain control over the devices that are used to access Zaptec Cloud and not reveal the password nor any payment details (if any) associated with Your account to anyone. You are responsible for preventing unauthorised access and use of Your account by any other than You.

Zaptec reserves the right to terminate the User's account or place the account on hold in order to protect the User, Zaptec, Zaptec Cloud or our partners from conducts of or attempts to conduct identity theft or fraudulent activity.

8. Data protection

Zaptec ensures that personal data is processed in a lawful manner and in accordance with the General Data Protection Regulation (EU) (2016/679). For information on how we process Your personal data, please see our Privacy Policy.

9. Term and termination

These Terms will continue to apply for as long as You use Zaptec Cloud. Upon notification, Zaptec may suspend Your access to Zaptec Cloud at any time if You act in non-compliance with these Terms, applicable law, or in the event of Your actual or suspended unauthorised use of Zaptec Cloud.

If You or Zaptec terminate any agreement relationship with You, or if Zaptec suspends Your access to Zaptec Cloud in accordance with these Terms, You agree that Zaptec shall have no liability or responsibility to You and Zaptec will not refund any amount that You may have already paid, to the fullest extent permitted under applicable law.

10. Warranty and disclaimer

Zaptec warrants that Zaptec Cloud will perform materially in accordance with the description of Zaptec Cloud as set out on our Websites. You understand and agree that Zaptec Cloud is provided on an "as-is" and "as-available" basis, without any express or implied warranty, condition or assurance of any kind.

Zaptec shall not be responsible for breach of these warranties if caused by: (i) hardware, software or other components that are not part of Zaptec Cloud, including any modifications made by You or third parties, (ii) errors or problems caused by You not complying with the Terms, (iii) if Users rejected the implementation of any upgrade, change, hot fix or similar that would have prevented the error or problem; and (iv) errors or problems caused by third parties not acting on behalf of Zaptec.

11. Limitation of liability

To the maximum extent permitted by law, in no event will Zaptec, its employees, licensors or related partners be liable for any indirect, incidental, punitive or consequential damages, or any loss of use, data, business or profits (whether direct or indirect) in all cases arising out of the use or inability to use Zaptec Cloud or any third-party application, regardless of legal theory, without regard to whether Zaptec has been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose.

Nothing in these Terms removes or limits Zaptec's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

12. Indemnification

To the fullest extent permitted by applicable law, the User agrees to indemnify and hold harmless Zaptec and parent company and affiliates, as well as their employees, from and against any claims and all losses, expenses, damages and costs, including reasonable legal fees, resulting from (1) the User's breach of these Terms; (2) any activity that the User, or anyone using the User's account, engages in or through Zaptec Cloud; and (3) the User's violation of any law or the rights of a third party. Zaptec reserves the right to take over the exclusive defence of any claim for which Zaptec is entitled to indemnification under these Terms. In such an event, the User shall provide Zaptec with such cooperation as is reasonably required by Zaptec.

13. Assignment

Zaptec may assign these Terms or any part thereof, and Zaptec may delegate any of its obligations under these Terms. The User may not assign these Terms or any parts thereof, nor transfer or sub-license the User's rights under these Terms to any third party.

14. Changes to Zaptec cloud and terms

Zaptec reserves the right to change Zaptec Cloud and these Terms from time to time. Changes may for example be made to accommodate new products or services, introduce or remove features or content, adapt to legal requirements, or otherwise to better adapt Zaptec Cloud or the Terms to Zaptec's business. If there is a material change to Zaptec Cloud or these Terms, Zaptec will notify the User either by email to the User's registered email address, or in-service notifications or on Zaptec's official website (as appropriate).

It is the User's responsibility to read any such notification carefully. The User's continued use of Zaptec Cloud after such changes will constitute acknowledgment and agreement of the modified terms. If the User does not wish to continue using Zaptec Cloud under the new version of the terms, the User may terminate the use of Zaptec Cloud.

15. Communication and contact details

All communications between You and Zaptec will be conducted electronically. Zaptec will send You notifications through email, SMS, or in-app push messages. Please note that these communications will be strictly limited to updates or changes regarding these Terms or the Zaptec Cloud.

If You have any questions, concerns, or wish to make a complaint, please contact us by email at [•].

16. Governing law and dispute resolution

These Terms are governed by Norwegian law

Any dispute or claim arising out of or in connection with these Terms, or the breach or invalidity thereof, shall, if not settled by negotiations, be finally settled by the courts of Norway with Stavanger District Court (Nw. Stavanger tingrett) as the designated legal venue

If You are a consumer, You may also contact the Norwegian Consumer Authority (Nw. Forbrukertilsynet), which can assist in resolving disputes between You and Zaptec. For more information, please visit their website www.forbrukertilsynet.no.