Terms of Use for the OLI Move App
§ 1 Scope and Subject Matter of these Terms of Use
These Terms of Use govern the relationship between the user and OLI regarding the use of the OLI Move App by the user. Through the OLI Move App, OLI offers registered users and operators the opportunity to conclude usage transfer and charging contracts among themselves, enabling the user in particular to start or control their charging process via the OLI Move App and to pay their usage fees to the operator. The activity of OLI is limited to the mediation of the usage transfer and charging contracts. OLI will not become a contracting party to a contract concluded between the user and the operator via the OLI Move App. OLI is therefore not responsible for the content of these contracts and - unless a different provision is made in these Terms of Use - also not for their execution (e.g., for the power supply via the charging station). These Terms of Use include, among other things, requirements to be met by the user concerning the user account (including registration) as well as the conclusion of the contracts mediated via the OLI Move App between the user and the operator, including the billing of usage fees. In addition, there are provisions regarding the availability of the OLI Move App and disturbance management. § 2 Definitions
“User” is a natural person who has downloaded the OLI Move App onto their end device (e.g., smartphone, tablet).
“Operator” is a natural or legal person who provides the user with a charging device for use after the conclusion of a usage transfer and charging contract (via the OLI Move App) and supplies the user with their need for charging power for the provided charging device for electric vehicles.
“OLI” is the “OLI Systems GmbH”, Silberburgstraße 112, 70176 Stuttgart, as the operator of the OLI Move App.
“OLI Move App” is the app downloaded by the user onto their end device, through which OLI provides users and operators the opportunity to conclude usage transfer and charging contracts among themselves, enabling the user to start or control their charging process via the OLI Move App and to pay their usage fees to the operator.
“Unauthorized Third Party” is a natural person who has not been authorized by the operator to use the OLI Move App downloaded by the user.
§ 3 Downloading the OLI Move App The use of the OLI Move App requires that the OLI Move App be downloaded by the subsequent user from an app store onto their end device. § 4 Registration (1) To use the individual services of the OLI Move App, user registration in the OLI Move App is required. Internet access is necessary. (2) As part of the registration process, the user must provide the information requested by OLI (e.g., their first and last name, email address, and preferred payment methods) and select a password. Additionally, the user must provide an identification proof as specified by OLI after appropriate prompting (e.g., by scanning the personal QR code sent to them by email). Upon successful registration, a corresponding user account will be created for the user.
(3) Multiple registrations by one user are not permitted. (4) The possibility of utilizing mediation services is only available to adults. § 5 User Account (1) The use of the individual services of the OLI Move App requires the user to log into their user account using their login details after prior registration and creation of a user account. (2) The user has the option to change the information stored in their user account (e.g., their personal details).
(3) After the termination of the usage transfer and charging contract, the function to start charging processes will be blocked for the user. The user still has the ability to access the history of the initiated charging processes and billing. (4) The user must protect the access data to their user account (in particular, their password) against unauthorized access by unauthorized third parties. If the user has reason to suspect that unauthorized third parties have gained access to or knowledge of their password, they must change it immediately. (5) OLI is entitled to temporarily block the user's access to their user account in the OLI Move App or permanently deactivate it if there is a justified assumption that the user is violating these Terms of Use, especially if the user account is being used by unauthorized third parties. (6) The user can delete their user account. After deletion, the user will no longer be able to initiate charging processes or view their charging history. The deletion of the user account does NOT automatically terminate the usage and charging contract. (7) OLI is entitled to delete the associated user account two years after the termination of the usage and charging contract. OLI will inform the user in advance with a notice period of 30 days about this.
§ 6 Conclusion and Termination of Usage Transfer and Charging Contracts via the OLI Move App (1) The user can conclude a usage transfer and charging contract with the operator via the OLI Move App. OLI forwards the offer made by the user via the OLI Move App to conclude a usage transfer and charging contract to the respective operator. Through the OLI Move App and via email, the user will receive a notification whether the operator has accepted the offer and thus a contractual relationship has been established between the user and the operator. OLI will not be a contracting party to this contract concluded between the user and the operator and is therefore also not responsible for the content of the contract and its execution. (2) The usage transfer and charging contract concluded by the user can be viewed in their user account in the OLI Move App. (3) The user can terminate the contract concluded via the OLI Move App while adhering to the notice periods specified in the usage transfer and charging contract via the OLI Move App. § 7 Starting and Managing Charging Processes
(1) The user can unlock their charging processes via the OLI Move App, set the amount of energy required for charging and the available time, and view the completed charges. (2) The user can pay the usage fee owed to the operator under the usage transfer and charging contract, as well as the fee for the charging processes after unlocking by the operator, via the OLI Move App. OLI is entitled to select a payment service provider for the payment transaction in this respect. (3) Under “Invoices,” the user receives an overview of their last invoices, including the kilowatt-hours charged and the charging costs in euros. § 8 Help Center, Disturbance Management (1) If the user has questions regarding the OLI Move App, they can access the FAQs stored in the help center.
(2) If the user identifies a malfunction or other impairments of the OLI Move App or the charging infrastructure provided by the operator, they can report this to OLI in the help center. The user selects their concern and describes it. If necessary, they can upload an attachment (e.g., a photo) and then create the ticket. (3) Malfunction reports regarding the charging infrastructure are forwarded by OLI to the operator. For the handling of such malfunction reports, unless directly concerning OLI components, OLI is not responsible. (4) OLI will inform the user about the receipt of the ticket and the status of the disturbance after processing it via email. § 9 Availability of the OLI Move App There is no entitlement to uninterrupted availability of the OLI Move App; in particular, OLI is entitled at any time to carry out maintenance on the OLI Move App as well as to implement updates and/or upgrades (updates).
§ 10 Duration of the Usage Relationship (1) These Terms of Use regulate the usage relationship between the user and OLI from the moment the user accepts them. The Terms of Use generally apply for an indefinite period. (2) The usage relationship ends when the user deactivates the user account. If the usage transfer and charging contract between the user and the operator ends, the user can still access the history of the charging processes carried out. However, a charging process can no longer be started via the OLI Move App. § 11 Severability Clause Should individual provisions of these Terms of Use be or become ineffective or unenforceable, or if there should be a gap in these Terms of Use, the remaining provisions shall remain unaffected.