Application SYNC – Terms of Use - SYNC - עמדות טעינה לרכבים חשמליים ומערכות ניהול אנרגיה

Application SYNC – Terms of Use

LUGANO Israel Ltd. (the “Company”) provides to its customers advanced electric vehicle charging services, including smart charging services for multiple vehicles in condominiums and in other shared spaces (the “Property” and the “Services”). Electric vehicle owners are required to use the application (the “Application”) and use its interface for the purpose of receiving the Services in a high level. The following are the Application Terms of Use (the “Terms of Use”). In these Terms of Use words which are in the masculine gender shall be deemed to include the feminine gender, and vice versa.

General

The purpose of these Terms of Use is to lay down and define the relationship between the Company and the Application users (the “Users”).

The Company grants to the User permission to install and use the Application in a cellular device/tablet/computer owned or controlled by the User, according to the terms and the instructions set forth in the Terms of Use.

The use of the Application, including its updated versions, is subject to the Terms of Use set forth below. When logging in to the Application, and before performing any action, including registration or the use of any information existing in the Application, the User is required to read carefully the Terms of Use, including the Privacy Policy, as hereinafter defined.

By installing the Application, and after confirming the Application Terms of Use, you agree to these Terms of Use, including the terms of the Privacy Policy hereunder. If you do not agree to the Terms of Use, in whole or in part, you are required not to install the Application or make any use thereof, and to the extent that you installed the Application, you are required to remove and delete the Application from the devices you own. Any use of the Application or the Services offered in it, including the use of the permissions that are required for the purpose of operating the Application, shall be deemed as your approval to the Terms of Use, including the Privacy Policy, and it is under your full responsibility.

The Company reserves the right to update the Terms of Use, including the terms of the Privacy Policy from time to time, at its sole discretion and without delivery of advance notice and/or notification. Any change in the Terms of Use shall enter into force from the time it is published in the Application, and the User will continue to use the Application according to the updated Terms of Use. If the Terms of Use are amended for the purpose of complying with any legal requirement, the amendment might enter into force immediately or as required in accordance with the law.

The registration to the Application and specific Services that are activated or that will be activated in the future by the Application might require the use of a text messaging system (SMS) and sometimes an email for the purpose of managing, authenticating, identifying or performing any other action that is required for the purpose of operating the Application. In light of the said, it is possible that the Company will contact the Users by an email or in a text message (SMS) with respect to the Services and/or the use of the Application. By confirming these Terms of Use the User grants his express approval to receive the said messages from the Company for purposes related to the use of the Application.

The Company shall be entitled to release from time to time upgraded/newer versions of the Application and the User is required to visit the app store in his mobile device for the purpose of receiving such updated versions as said.

Users are required to be at least 18 years of age for the purpose of using the Application. Naturally, the ability of the Company to assure that the User is over 18 years of age is very limited, and therefore the Company will rely on the User’s personal statement, that the Company is entitled to demand from the User at any stage.

"Cancellation of a transaction in accordance with the Consumer Protection Regulations (cancellation of a transaction), year 2010 and the Consumer Protection Law, year 1981"

Using the Application

The Application allows Users: Create a user account, assignment of vehicles to charging stations, Payment by credit card or debit cards, providing payment information to the Company; requesting from the Company “special charging” (Fast charging service at set times) any kind of Alerts via SMS, email and within the app

(Start and end charging, Fault alerts and indicators during charging) Reserve the charging point for a limited time, Map of charging points locations around the country.

The Company reserves the right, at its sole discretion, to change the Application, and the Services provided as part of the Application, at any time, and in this regard the scope and availability of the information and the Services proposed, their termination or restriction, and restrict access to the Application, in whole or in part, for the purpose of providing proper maintenance and making the Services provided in the Application more efficient, without sending an advance notice in connection therewith. The User will have no arguments and/or demands and/or claims against the Company for the purpose of this matter.
The use of the Application is free of charge, however the different Services that the Company offers by the Application require payment, as stated in the Application and/or in the User Agreement.

By using the Services, the User declares and warrants that the information the User will provide to the Company when using the Services and at any other time will be true, accurate, valid and full.

The Application might require different permissions (for example: internet access, location, camera etc.) for the purpose of its operation. To the extent that the User disabled the said permissions, the Company will not be able to provide the Services, in whole or in part, by the Application.

The User declares that he is aware that his use of the Application is personal and the User is not entitled to share his account information with any other third party.

Prohibited uses of the Application

By installing the Application, the User agrees to use the Application solely in accordance with its purposes and in accordance with the rules set forth in the Privacy Policy, data protection and intellectual property provisions set forth in this Agreement and in accordance with the provisions set forth in any law.

Without prejudice to any other right of the Company, in circumstances in which the Company is concerned that the User uses the Application in violation of these Terms of Use and/or any law, the Company shall be entitled to track the User's use of the Application, restrict or limit the access of the User to the Application and the Services provided by the Application, or transfer the User's patterns of use of the Application to third parties that will prove, to the satisfaction of the Company, that the Company suffers damage as a result of the infringing actions of the User and the Company shall be entitled to perform any other action that the Company sees fit for the purpose of protecting its property and/or rights.

The User may not perform (and shall not be entitled to permit to any other third party to perform) the actions and/or the acts as stated hereunder during the use of the Application. The User is aware that failure to comply with the following limitations might result in a deny of access to the Application and might even expose the User to civil or criminal liability in accordance with the law.

A. To use the Services and/or the content provided in the Application for any illegal or unauthorized purpose.

B. To use the Application and/or the Services and/or the content provided therein for commercial purposes or for any other purpose other than a private purpose, without obtaining the prior, express and written approval of the Company in connection therewith, and in this regard sell, grant a license or use for any commercial purpose any use or access to the Application.

C. To remove or separate from the content and/or from the Application any limitations and marks indicating the proprietary rights of the Company or its licensors, including all proprietary marks and signs displayed therein (such as ©, TM or ®) and the User hereby declares and warrants to observe the entire provisions set forth in the law applicable for the purpose of this matter.

D. To breach and/or infringe the rights of other Users to privacy and other rights, or collect personal identifiable information regarding Users without obtaining their express approval, whether manually and whether by using any robot, spider, web crawler, any search or retrieval application or use any medium, process or method, whether manual, automatic or other, for the purpose of logging into the Application and retrieve, collect and/or transfer data.

E. To make false declarations or make misrepresentations or present false or inaccurate information about the Company, the User information or any other data during the use of the Application.

F. To copy, correct, restore, process, alter, adjust, deliver, make accessible, translate, refer, perform reverse engineering, convert a binary code into an open code, decompile or separate any part in the content or in the Application or present to the public, create derivative works, perform, distribute, grant a sub-license, make any commercial use, sell, lease, transfer, lend, process, collect, integrate with another software – any of the materials subject to the proprietary rights of the Company, including the intellectual property of the Company, in any manner or means, unless this was permitted expressly in accordance with the Terms of Use and/or in accordance with any applicable law permitting expressly the performance of such actions.

G. To make any use of the Services and/or the content provided by the Application in any other site or computer network for any purpose, without obtaining the prior and written approval of the Company.

H. To bypass the means that the Company applies for the purpose of denying or limiting the access to the Application and/or protecting the privacy of Users.

I. To perform any action that creates or that might create extensive and unreasonable load on the Application infrastructure, and avoid any action that includes retrieval of data and/or transfer and/or reproduction of data to another site and/or reference from another site to sites or parts of sites by deep linking.

J. To display part of the Application in a frame (iframe), whether visible or invisible, or display the content of the Application in any manner, including by any software, device, accessory or communication protocol, that alter their original design in the Application and/or that omit any detail.

K. To create a copy (mirror) or perform in-line linking for any part of the Application without obtaining the prior, express and written approval of the Company.

L. To create a database by methodical downloading and storage of all or part of the Application content or any use of the Application or the Application content for the purpose of creating a database and/or a collection.

M. To transfer or make accessible in any other manner in connection with the Application any virus, “worm,” trojan horse, bug, spyware, malware, or any computer code, file or any other software that might harm or that are intended to harm the operations of any software, hardware, communication equipment, code or component.

N. To disrupt or infringe any right of other Users in the Application, including the right to privacy and/or to collect personal identifiable information of Users in the Application without obtaining their express, written approval, including by automated means and/or by unauthorized access to their device or data.

O. To treat disrespectfully or infringe the privacy of any other User and/or use the Application and/or the software for the purpose of harming the reputation of any person and/or publishing incitive, fraudulent, deceitful, defamatory statements and/or any other information that is false, unreliable or that can cause malicious harm.

Limitation of liability

19. The Company provides the Application and any information and content provided by the Application, “AS-IS,” without making any declarations or undertakings in connection therewith. The User shall be solely responsible for the use of the Application and/or the Services that are available or offered in the Application and the User shall be solely liable for any consequences stemming therefrom.

20. Despite the fact that the Company applies all measures for the purpose of presenting by the Application information that is accurate and reliable, to the extent possible, the Company shall not be held liable for the content in the Application, including everything stated therein, including with respect to their integrity, accuracy, reliability and their effect on other devices used by the Application Users, and shall not be held liable for damage of any kind including inconvenience, loss, mental anguish etc. that will be caused, whether directly or indirectly, to the User of the Application and/or to any third party as a result of reliance and/or use of such content.

21. The Company, including all entities related thereto, such as officers, directors, employees, licensors, subcontractors and suppliers, shall not be held liable towards the User for direct, indirect, casual, special and consequential damage including, but not limited to, damage caused as a result of business interruption, reputation, use, data or other losses, tangible or intangible (even if the Company knew about the possibility of such losses as said) stemming from or related in any manner to the use of the Application including as a result of: (1) the use or the inability or the impossibility to use the Application, including delays or other damages related to the limitations, delays and other problems related to the use of the internet and electronic communication; (2) unauthorized access to the User data; (3) declarations or conduct by any User or third party in the Application; (4) any connection or transaction between the User and any service provider, including a service provider of a third party. The provisions set forth in this paragraph shall be without prejudice to the liability of an insurer for road accidents, if and when such accidents occur within the framework of the performance of the Services.

22. The Company endeavors to provide to the Users a proper user experience in the Application. Nevertheless, the Application is not resistant to malfunctions and/or problems and the User might not have access (or partial access) to the Services from time to time. The Company does not warrant that the Services will be performed without any malfunctions, errors or mistakes.

23. The Company shall not be held liable towards the User or any third party for any alteration, temporary or permanent cessation in the operation of the Application and the Services offered therein. In addition, the Company shall not be held liable for any damage caused or damage in respect of which it was argued that it was caused to the User or anyone acting on his behalf as a result of the use or lack of use of the Application.

24. The use of the Application is possible only by using the internet. The Company shall not be held liable, in anything related to the use of the Application, for damage of any kind caused to the User and/or to any third party as a result of a malfunction or a disruption in the communications/internet stemming from an act and/or omission and/or negligence of internet providers and/or telephone communication providers. Users should note that the use of the internet might be disrupted in underground parking lots in such manner that will slow down or prevent the use of the Application.

25. The User declares that he holds a valid driver's license and that the User will perform all actions required for the purpose of keeping such driver's license as said during the entire period of use of the Application. The User undertakes to observe traffic safety laws and the provisions set forth in any law, and perform all actions as may be required for the purpose of avoiding the commission of traffic violations and keep his vehicle in working order in accordance with the manufacturer's instructions.

Indemnity

26. The User undertakes to compensate and indemnify the Company for any claim, damage, loss, financial obligation, liability, expense and debt (including, but not limited to, attorney fees) stemming from the following: (a) the use the User makes in the Application in violation of these Terms of Use; (b) any breach of these Terms of Use committed by the User; (c) any infringement committed by the User of any third-party rights including, but not limited to, intellectual property rights or the right to privacy; and (d) any damage of any kind, including direct, indirect, special or consequential loss, caused to a third party and that is related to his use of the Application. It is hereby clarified that the said duty of indemnity shall apply even after expiration of the engagement between the User and the Company.

Intellectual property

27. The content of the Application, the Services and the information provided by the Application and any other intellectual property rights associated therewith including, but not limited to, patents and patent applications, trademarks and trademark applications, trade names, reputation, copyright, trade secrets, domain names, whether or not (hereinafter jointly the “Intellectual Property”) are the exclusive property of the Company and/or were provided to the Company under a license and are protected under copyright laws and other intellectual property rights laws and international conventions and agreements. Any right that was not granted expressly to the User under this Agreement shall be the property of the Company and its licensors.

28. Subject to the Terms of Use, the Company grants to the User a personal, irrevocable, limited, non-proprietary, nontransferable, and non-assignable right, without the right to sub-license and cancelable at all times, to make non-commercial use of the Application. For the avoidance of doubt, the Terms of Use do not grant to the User any rights in the Intellectual Property of the Company however only a limited and cancelable right of use as said. None of the provisions set forth in the Terms of Use shall constitute waiver of the Intellectual Property of the Company and/or of third parties in accordance with the provisions set forth in any law.

29. The Application pages may not be reproduced or published and/or used, including the information and the content contained therein, including any commercial use, without obtaining the prior, express and written approval of the Company.

30. The User grants to the Company an exclusive, royalty-free, perpetual, global and irrevocable license to integrate the information provided by the User and/or that will be collected about the User following the use of the Application in all the present or future products of the Company, and the Company shall be entitled to use, without obtaining the User's approval, this information for any purpose, without paying any consideration to the User. This information shall be deemed as non-confidential information. In addition, the User declares that the information that will be provided and/or collected about the User as a result of the use of the Application is not subject to terms of a license that will oblige the Company to perform additional obligations in connection with its products and/or its Services that include such information.

31. The User hereby agrees that the Company might keep certain copies of specific information provided by the User and/or that is collected about the User for backup purposes or for the purpose of enforcing the Terms of Use, including the performance of tests regarding the breach of the Terms of Use, at the sole discretion of the Company.

32. Any reference to any name, trademark, product and/or services provided by any third party, to the extent that there is any, will appear only as a service to the Users and shall not constitute an advertisement, sales promotion, sponsorship and/or any recommendation in respect whereof.

Use of content that was inputted by the User during the use of the Application

33. The User represents and warrants as follows: (1) he is the owner of the content that he published when using the Application; (2) any publication by the User or the use of the User information by the Services does not infringe the rights of privacy, advertising, copyright, contract rights, intellectual property rights or any other right of any person or entity; (3) publication of the User information in the Service by the User will not cause any breach of any contract made by the User and any third party and the User agrees to pay for all royalties, fees and any other amount due to any person, in respect of the content that the User inputs in the Application during the use of the Application, to the extent that such a demand arises.

34. The User is aware and the User agrees that the Company shall be entitled to use the information that the User will input during the use of the Application for any purpose, including for marketing purposes, subject to the Privacy Policy as stated hereunder and subject to the provisions set forth in any law.

35. By inputting his information in the Application, the User grants to the Company a right to transfer, use, display, reproduce, alter, remove, transmit and stream the information regarding the User for any purpose, as defined in the Privacy Policy as stated hereunder, and subject to the provisions set forth in any law, and in return for no consideration for the User, including for the promotion of the Company and its Services.

36. The permission the User grants to the Company will continue to apply even after the User ceases to use the Services. The Company reserves the right to publish, display or transfer information regarding the User (including information that was collected about the User in consequence of the use of the Application) at its sole discretion and in accordance with the provisions set forth in any law.

Commercial publications

37. The Company reserves the right to include in the Application commercial ads or advertisements that are published by the Company for third parties with which the Company works.

38. The entire information displayed in the commercial ads or the advertisements is the property of the said third parties, as stated in section 39 above, and is under the sole responsibility of the said third parties, and is provided to the Users “AS-IS.” The Company does not make any representations regarding the said information and shall not be held liable for the said information, whether or not the Company has control over the said advertisements. Without prejudice to the foregoing, the Company shall not be held liable for any damage or loss caused to the User as a result of or in connection with the said ads or advertisements.