Terms of Use for the CTEK Ecosystem - CTEK apps & backend
These terms of use (the “Agreement”) together with the CTEK Privacy Policy govern the use of cloud and apps and related services (the ”Services”) provided by CTEK (the “CTEK Ecosystem”). Such use may further be subject to specific terms, third party terms and/or documentation.
“CTEK” or “we” as used herein refers to CTEK Sweden AB, Strandvägen 15, 791 42 Falun Sweden, company registration number: 556540-3234.
1. General
The Agreement is entered into between the entity/person using or accessing the Services (the “User” or “You”) and CTEK, collectively referred to as the “Parties” and each a “Party”.
The Services may include, but are not limited to, mobile applications and/or websites (the CTEK Portal) operated by CTEK. The Services may include all features and functionalities, including but not limited to websites, user portals, mobile applications, application programming interfaces (APIs), content, and user interfaces, associated with the CTEK Ecosystem for electric car drivers and business partners, where users can manage charging processes of electric vehicles. Some Services vary depending on market and other Services are in functions that differ by product model and year. Not all Services are available in all markets.
2. Acceptance and amendments
By registering for the Services (by creating an account in the CTEK App and/or portal) you agree to be bound by this Agreement and CTEK’s Privacy Policy, which is incorporated by reference herein. CTEK may, from time to time, amend the Agreement by posting a new version in the CTEK Ecosystem. It is the responsibility of the User to regularly check for amendments to the Agreement. Your continued use of the Services, App or CTEK Ecosystem after posting of the new Agreement constitutes your acceptance of the changes made thereto, and you must otherwise cancel your account and discontinue use of the Services, App and CTEK Ecosystem.
By downloading and installing any CTEK App and/or creating an account on our website, you confirm that you are over 18 years of age and agree to these terms of use.
3. Requirements
You may use a Service only if you are: (a) of age, (b) capable of forming a contract, and (c) not barred from using the Services under applicable law.
To use CTEK Services, you must create an account in the CTEK app or portal. To be able to create a CTEK account, you will need to provide your phone number, your full name and a valid email address. Your personal data will be processed in accordance with the CTEK Privacy Policy.
In order to use the CTEK app’s services for managing the CTEK chargers or applications, it is assumed that you own a CTEK charger.
4. Term and termination
This Agreement will be in force as long as the User keeps its account or otherwise accesses the CTEK Ecosystem, or until terminated by CTEK, at which time you may no longer access or use the CTEK Ecosystem. If your account has been inactive for more than 6 months, CTEK may terminate such account with or without further notice to you.
5. Apps etc. from third parties
The CTEK Ecosystem may from time to time allow integrations of CTEK App/Portal with other apps and services developed by third parties. These apps and services may have their own terms of use, technical limitations, privacy statements, etc., which will then govern your use of such third party services. CTEK does not guarantee current or future compatibility with these services, and inclusion thereof does not imply CTEK’s endorsement thereof. If you have problems with, or are dissatisfied with, an integration or a third-party app or service, your rights are limited to disabling the integration and/or uninstalling the third-party app and ceasing to use the services.
6. Your responsibility
You will cooperate with CTEK by providing such information and materials as CTEK may reasonably require in order to supply the Services and the CTEK Ecosystem and ensure that such information is and remains complete and accurate in all material respects.
You are also responsible for ensuring that passwords and login details are handled securely and kept confidential.
You undertake not to use the CTEK Ecosystem for purposes that are illegal, in violation of this Agreement, damaging to the interests of third parties or CTEK, or that can damage or impair in any way whatsoever CTEK’s reputation, or prevent the normal use or enjoyment of the CTEK Ecosystem or part thereof.
You represent and warrant that you are not, and are not acting for or on behalf of, and will not make available (directly or indirectly) any part of the CTEK Ecosystem in full or part (including but not limited to any software) to, a person, company, entity or organization, designated on any sanctions list issued by, or otherwise blocked or subject to economic sanctions imposed by, the European Union (“EU”), the United States (“U.S.”) or the United Nations (“UN”), or any other relevant government authority, as the case may be.
In the event of the loss of your charging key or the device on which the CTEK App has been installed, you shall immediately notify CTEK. We may then take measures to secure your data and, if necessary, block access to your account. If you do not give such notification and the charging key, or the device in question remains in illegitimate use, CTEK reserves the right to claim damages from you in accordance with applicable law.
7. Intellectual property
You agree that CTEK retains on an exclusive basis all rights, title and interest (including all Intellectual Property Rights) in and to the Services, the CTEK App and the CTEK Ecosystem, and all related or underlying documentation, technology, source code, usage data, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed CTEK’s confidential information) and that CTEK reserves any licenses not specifically granted in this Agreement. You acknowledge and agree that you have no right to decompile, reverse engineer, attempt to derive the source code of, modify or create derivative works of the software associated with any of the Services etc. and that CTEK has sole discretion to make updates, bug fixes, modifications, or improvements to the Services from time to time. CTEK reserves the right to change or remove features of the Services and/or the CTEK App from time to time. Moreover, if you provide any ideas, suggestions, or recommendations to CTEK, you agree that CTEK shall have a perpetual worldwide license to copy, retain, use, and incorporate such feedback in its services or products, without payment of royalties or other consideration to the User.
8. Liability
The use of the Services is the sole responsibility of the User. The Services, CTEK App and CTEK Ecosystem are supplied “as is” with no form of guarantee or warranty, and may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. They may be terminated, permanently or temporarily discontinued in the event of (i) your actual or suspected breach of this Agreement or (ii) a decision in our sole discretion to cease offering e.g. the Service in its current format or any geographical area.
All warranties and representations, as well as conditions and other terms implied by statute or law, are to the fullest extent permitted by law, excluded from the Agreement. You alone are responsible for determining if the Services and the CTEK Ecosystem meet your requirements, have the quality you need and is fit for your purposes. We and our affiliates expressly disclaim all warranties concerning saleability, appropriateness for a specific purpose, freedom from interference or freedom from intrusion, or warranties arising in connection with sale or usage for commercial purposes.
Nothing in this Agreement shall operate so as to exclude or limit either Party’s liability to the other for death or personal physical injury arising out of gross negligence, fraud or fraudulent misrepresentation.
Save as required by mandatory law, CTEK shall not be liable concerning any subject matter arising from or related to this Agreement, the Services, the CTEK Ecosystem or regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for; (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); (iii) any matter beyond its reasonable control. In no event shall CTEK’s liability hereunder exceed the greater of SEK 5,000 (five thousand) and the amount of any service fee paid by you to CTEK pursuant to this Agreement.
9. Applicable law and venue
Unless otherwise required by law, this Agreement and any use of the Services and/or the CTEK Ecosystem shall be construed in accordance with and be governed by the laws of Sweden, excluding the United Nations Convention on Contracts for the International Sale of Goods, without regard to its conflict of law principles. The exclusive venue, for all claims arising from this Agreement, shall, unless otherwise required by law, be the courts in Stockholm, Sweden.