Términos y condiciones

1.General provisions and definitions

These Terms set out the rules for using the website available at ecostation.io, the EcoStation mobile application and the electric vehicle charging services provided through them. The Terms constitute terms and conditions within the meaning of Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means.

The terms used in these Terms mean:

• Service Provider – EcoStation Prosta Spółka Akcyjna (EcoStation P.S.A.), a simple joint-stock company (P.S.A.) with its registered office in Kraków, ul. Dobrego Pasterza 120C/4, 31-416 Kraków, Poland, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 0001101713, NIP 9452290691, REGON 528427014, share capital PLN 50,000.00; email: [email protected], phone: +48 537 506 904;
• Website – the website operated by the Service Provider at ecostation.io together with its subpages, including the payment page available after scanning the QR code at a Station;
• App – the EcoStation mobile application for iOS and Android, available in the App Store and Google Play;
• User – a natural person with full legal capacity, a legal person or an organisational unit without legal personality using the Website, the App or the Charging Service;
• Consumer – a User who is a natural person using the services for purposes not directly related to their business or professional activity;
• Account – the User’s individual profile in the App, protected by a password or an external login method, enabling the use of the Charging Service and access to session history, invoices and billing details;
• Station – an electric vehicle charging station connected to the EcoStation system, consisting of at least one Charging Point (connector);
• Operator – the entity managing a given Station (the Service Provider or another operator using the EcoStation system), indicated in the App or at the Station;
• Charging Service – a service consisting in making a Charging Point available and supplying electricity to the User’s vehicle, billed in accordance with the Price List;
• Charging Session – a single use of the Charging Service, from authorisation to completion and settlement;
• Price List – the fee rates applicable to a given Charging Point (for energy, time, idle time after charging, reservation), presented in the App and on the payment page before the Session starts;
• RFID Card – a contactless card or key fob issued by the Service Provider or an Operator, enabling authorisation of a Charging Session.

2.Scope of services provided electronically

The Service Provider provides the following services electronically:

• making information about the EcoStation system available on the Website;
• contact forms, a system demo request form and an Account deletion request form;
• maintaining an Account in the App with the following functions: a map of Stations with information on availability, power and prices, starting and ending Charging Sessions, viewing Session parameters, charging history, billing details, invoices, saved vehicles, vouchers and payment methods;
• starting a Charging Session without creating an Account – through the payment page available after scanning the QR code at a Station (“charging without registration”).

Using the Website for information purposes is free of charge. The Charging Service is paid in accordance with the Price List. Maintaining an Account is free of charge.

3.Technical requirements and rules of use

To use the Website and the App you need:

• a device with internet access;
• a current version of a web browser with JavaScript and cookies enabled (Website);
• a mobile device with iOS or Android in a version supported by the manufacturer and access to the App Store or Google Play (App);
• an active email address and, for the Charging Service, a valid payment method.

The User undertakes to:

• use the Website, the App and the Stations in accordance with the law, these Terms, good practice and the instructions and signage at the Station;
• refrain from actions that could disrupt the operation of the Website, the App, the EcoStation system or the Stations, including interference with software and devices;
• refrain from providing unlawful content;
• not share login details or the RFID Card with unauthorised persons.

4.User account

Creating an Account requires providing an email address, password and phone number or using an external login method (Google, Apple), accepting the Terms and the Privacy Policy, and confirming the email address or phone number as instructed in the App. The Account agreement is concluded upon completion of registration and is concluded for an indefinite period.

The User is obliged to provide true and current data and to update it in the App (Billing details tab). Invoice data provided by the User is used to issue sales documents. One person may hold one Account; the Account is assigned to the User and may not be transferred.

The User is responsible for keeping the password confidential and for actions performed using their Account. The Service Provider must be informed immediately of any suspected unauthorised access.

5.Charging Service

Information about Station locations, the availability and power of Charging Points and the Price List is presented in the App and on the payment page. The availability of Charging Points is updated continuously based on data sent by the Stations, but may differ from the actual state (e.g. due to communication delays or a bay being occupied by a vehicle that is not charging).

A Charging Session is started after connecting the vehicle to a Charging Point and authorising: in the App, through the payment page after scanning the QR code, with an RFID Card or at a payment terminal at the Station – depending on the Station’s equipment. The Charging Service agreement is concluded upon successful authorisation and is performed immediately, at the User’s express request.

The Session is ended by the User (in the App, on the payment page, with the RFID Card or from the vehicle) or ends automatically after the vehicle is disconnected, the set limit is reached or in cases defined by the Operator (e.g. technical break). After charging is completed, the User must vacate the bay without delay; an idle fee may be charged for parking after charging in accordance with the Price List.

The User uses the Station at their own responsibility, observing safety rules and using only functional cables and connectors compliant with the Charging Point standard. Charging vehicles whose technical condition poses a safety risk and using the Station contrary to its intended purpose is prohibited.

6.Prices and payments

The cost of a Charging Session results from the Price List applicable to the given Charging Point at the time the Session starts, presented to the User before authorisation. Prices are given in Polish złoty and include VAT. The Price List may provide for a fee for energy (PLN/kWh), for charging time, for idle time after charging and for reserving a Charging Point.

Payments for the Charging Service are made:

• by payment card, BLIK, Apple Pay or Google Pay – in the App or on the payment page, through a licensed payment operator;
• at a payment terminal at the Station, if the Station is equipped with one;
• with an RFID Card or within an Account billed collectively – under the rules set out in a separate agreement with a User who is a business (e.g. a fleet).

Before the Session starts, the payment operator may pre-authorise (block) funds on the User’s card in the amount indicated before authorisation. After the Session ends, only the amount due for the service performed is charged, and the unused part of the block is released within a period depending on the card issuer.

Vouchers and discount codes reduce the cost of a Session under the rules indicated when they are issued. They cannot be exchanged for cash.

7.Invoices and sales documents

After a Charging Session ends, the User receives a sales document (receipt or invoice) in electronic form – in the App and to the email address provided during authorisation or in the Account. By accepting the Terms, the User consents to receiving invoices in electronic form.

A User who is a business may receive consolidated invoices for a billing period if a separate agreement so provides. Invoice data must be provided before the Session starts (payment page) or in the Account; a later change of the buyer’s data on an issued document is possible to the extent permitted by law.

8.Complaints

Complaints concerning the Website, the App or the Charging Service may be submitted through the problem report function in the App, by email to [email protected] or in writing to the Service Provider’s address. A complaint should contain data enabling identification of the User and the Session (e.g. email address, Station number, date and time) and a description of the objections.

The Service Provider examines the complaint and responds within 14 days of receiving it, to the email address indicated by the User. Complaints concerning Stations managed by another Operator are forwarded by the Service Provider to that Operator, and the User is informed of this.

9.Right of withdrawal

A Consumer may withdraw from the Account agreement within 14 days of its conclusion without giving a reason, by deleting the Account in the App.

The Charging Service is performed in full immediately, at the express request of the Consumer, who is informed before the Session starts that after the service has been performed they will lose the right to withdraw from the agreement (Article 38(1)(1) of the Act on consumer rights). This does not exclude the right to lodge a complaint.

10.Liability and availability

The Service Provider makes every effort to ensure that the Website, the App and the Stations operate without interruption, but reserves the possibility of temporary technical breaks, updates and temporary unavailability of Charging Points. Information about planned breaks is published in the App, where possible, in advance.

The Service Provider is not liable for non-performance or improper performance of a service resulting from force majeure, actions of third parties for which it is not responsible, improper use of the Station or the technical condition of the User’s vehicle. The provisions of the Terms do not exclude or limit the Service Provider’s liability towards Consumers to the extent resulting from mandatory provisions of law.

The User is liable for damage caused to the Station or other users as a result of using the Station contrary to the Terms, instructions or signage.

11.Intellectual property

The Website, the App, the EcoStation system, trademarks, logos, content, graphics and software are protected by law and are the property of the Service Provider or of entities that have granted it a licence. Using them beyond the scope necessary to use the Website and the App as intended requires the Service Provider’s prior consent.

12.Personal data

The rules for processing Users’ personal data, including information about the controller, purposes, legal bases, retention periods and the rights of data subjects, are set out in the Privacy Policy, which forms an integral part of the Terms.

13.Termination and Account deletion

The User may terminate the Account agreement at any time by deleting the Account in the App (Settings → Delete account) or by sending a request as instructed on the Account deletion page. Deleting the Account does not release the User from the obligation to pay for Charging Services already performed.

The Service Provider may terminate the Account agreement with 14 days’ notice for important reasons, in particular if it ceases to provide the service. The Service Provider may block the Account or the RFID Card with immediate effect in the event of a gross breach of the Terms, in particular attempted fraud, interference with the system or payment arrears, informing the User and stating the reason.

14.Changes to the Terms

The Service Provider may amend the Terms for important reasons, in particular in the event of changes in the law, the scope or manner of providing services, or the introduction of new features. Users holding an Account are informed of the change in the App or by email at least 14 days before it takes effect. A User who does not accept the changes may terminate the agreement before that date. Charging Sessions started before the change are governed by the previous provisions.

15.Final provisions

Matters not regulated in the Terms are governed by Polish law, in particular the Civil Code, the Act on the provision of services by electronic means, the Act on consumer rights and the Act on electromobility and alternative fuels. The choice of Polish law does not deprive the Consumer of the protection granted by provisions that cannot be derogated from by agreement under the law of the country of their habitual residence.

A Consumer may use out-of-court complaint and redress procedures, including the assistance of a municipal or district consumer ombudsman, voivodeship inspectorates of the Trade Inspection and the ODR platform available at ec.europa.eu/consumers/odr.

Disputes with Users who are not Consumers are resolved by the court competent for the Service Provider’s registered office. The Terms are available free of charge on the Website and in the App in a form that allows them to be downloaded, saved and printed.