1. General

1.1 The following general terms of use (hereafter the “General Terms of Use” or “GTU”) govern the usage of the websites (hereafter the “Websites”), online services (hereinafter the “Services”) and mobile applications such as “MyEnovos” and “enodrive” (hereafter the “Applications”) of Enovos Luxembourg S.A., a Luxembourgish company, whose registered office is located at 2 Domaine du Schlassgoard, L-4327 Esch-sur-Alzette, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Registry under number B 44.683 (hereinafter referred to as “Enovos”).

The terms “Sites,” “Services” and/or “Applications” include the websites, online services and/or, where applicable, the applications of Enovos’ affiliated companies, such as Leo S.A., NordEnergie S.A. and Steinergy S.A. (hereinafter referred to as the “Affiliate”).

1.2  The currently applicable version of the GTU is available online on the Websites. Enovos/the Affiliate reserves the right to modify the present General Terms of Use, to add new Services and/or functionalities at any time and at its sole discretion..

1.3  The User will be notified of significant amendments when using the Websites, the Services or the Applications. The User shall accept the updated GTU to continue to use the Services and/or the Applications as from the date it applies.

1.4  Access to the Website, the Services and to the Applications is provided to the Customer on a 24/7 basis, subject to maintenance operations and limitations as mentioned in the present GTU.

1.5  By accessing the Website and/or using the Services and/or the Applications, you confirm by actively ticking a box that you have read and understood these GTU and that you are aware of the Privacy Policy, whether or not you are a registered as user of our Services.

2. Definitions

For these GTU, the capitalised terms shall have the following meaning :

2.1  “Applications” means the mobile applications associated with the Services downloadable free of charge by the User on its terminal Android or IOS enabling access to Customer account and to check his/her Personal Data.

2.2  “Contract” refers to the contract entered between the Client and Enovos/the Affiliate, which content is defined by the General Terms of Sale, the Special Terms & Conditions and, where applicable, the Pricing Terms and the Technical Conditions and its appendices.

2.3  “Customer” means any individual or legal entity who has entered into a Contract with Enovos/the Affiliate and who uses the Websites, the Services and/or the Applications in connection with that Contract, e.g. to use the Services such as to view invoices, to monitor consumption, or to manage Customer account details.

2.4  “Data” means all data, including Personal Data, technical data and Equipment Data transmitted to Enovos/the Affiliate in order to use the Website, the Applications and/or for the provision of the Services.

2.5  “Equipment Data” means the PoD, the identification data of the equipment (such as the Vehicle Identification Number (VIN) of the EV), the location, the date, the time, the duration and the volume of energy consumed or produced by the Customer.

2.6  “EV” refers to the Customer(s)’s electric vehicle whose manufacturer’s application is compatible with the Application.

2.7  “General Terms of Sale” (“GTS”) means the general terms of energy supply or general terms of sale applicable to the purchase of the related product/Service by a Customer.

2.8  “Party/Parties” means the Customer and/or Enovos/the Affiliate individually or together.

2.9  “Personal Data” means any information relating to a natural person enabling to identify him/her, directly or indirectly, notably by reference to personal data such as name, surname, place of residence, Point of Delivery (PoD), Customer number, Customer account, banking data, or by reference to contact data such as phone number or email address as well as consumption data and Equipment Data.

2.10  “Point of Delivery” (PoD) means the Customer’s metering point (as defined by the amended law of 1st August 2007 on the organization of the electricity market) covered by the Contract in application of the Special Terms and Conditions.

2.11  “Privacy Policy” means the privacy policy which governs the manner according to which Enovos/the Affiliate collects, uses, processes and/or communicates Personal Data of the Customer/User.

2.12  “Software” means the computer programs and databases for the automatic processing of data which might be made available to Customers by Enovos/the Affiliate in the framework of specific Services.

2.13  “Services” means online Services provided by Enovos/the Affiliate, including the EV Services and the Smart Charging Services.

2.14  “Smart Charging Service” means the smart charging intelligent functionality available on the Application enabling scheduling of an EV at home in order to optimize the charge of an EV at a lower rate, subject to conditions, based on naturstroum drive tariff associated with an energy supply Contract, the preferences set by the Customer in the Application and the EV data such as battery status and charging power.

2.15   “Technical Conditions” means the technical conditions and restrictions for using the Websites, the Services and/or the Applications in terms of compatibility and interoperability and availability of external or internal APIs. This includes standards and protocols for exchanging information, as well as availability requirements to ensure access and continuous operation of services.

2.16  “User” means any natural person or legal entity, whether or not a Customer, using the Website, the Services and/or the Applications.

3. User Registration

3.1  When subscribing to certain Services through the Website or when downloading the Applications, you will have to enter your Personal Data as requested (name, surname, email address, etc.) in a correct and truthful manner in order to benefit from the relevant Services and/or to activate the functionalities.

3.2  In case of change or if your Personal Data appears to be incorrect or incomplete, you shall update your Personal Data. Enovos/the Affiliate may contact you to correct/complete it and in case of refusal, Enovos/the Affiliate reserves the right to suspend the Services/the Applications.

3.3  The User expressly undertakes to download the Applications onto his/her mobile solely for personal and non-commercial use. The User may uninstall the Applications at any time. Deinstallation of the Application does not constitute termination of the Services.

3.4  Enovos/the Affiliate reserves the right to modify, correct or delete all or part of the content of the Applications, at any time, without prior notice and without entitling the User to compensation.

3.5  You will have to choose your login details (login ID and password) in order to have access to the Services/the Applications. You must maintain and keep these login details strictly confidential, not disclose them to third parties, even temporarily, in any form whatsoever and use them strictly for personal use. You can control your Customer profile and how you interact with Enovos/the Affiliate by changing the settings in your profile settings. Enovos/the Affiliate bears no responsibility as to the protection of your password and login details that are not attributable to it.

3.6  In case of loss or fraudulent access to your account or any login details, you undertake to promptly inform Enovos/the Affiliate by email or any other means of such issue.

4. Maintenance

By using the Websites, the Services and/or the Applications, you acknowledge and accept that Enovos/the Affiliate will perform maintenance operations of the Website, the Software and/or the Applications. Interruption of access to the Website and unavailability of the Services and/or the Applications due to such maintenance operations shall not constitute a violation of obligations by Enovos/the Affiliate under these GTU or the GTS.

5. Warranties

5.1  By using the Websites, the Services and/or the Applications, you acknowledge and accept that the Services and/or the Applications are provided « as is » and « as available » basis for their use, without warranties of any kind, either express or implied.

5.2  By using the Websites, the Services and/or the Applications, you acknowledge and accept that the use of the Services is subject to Technical Conditions. You undertake to comply with these Technical Conditions before subscribing to a Services.

5.3  By using the Websites, the Services and/or the Applications, you confirm that you have the appropriate equipment in order to use the Websites, Services and/or the Applications and you agree not to use any device and/or undertake any action that might cause harm to Enovos/the Affiliate or to any other Users.

5.4  By using the Websites, the Services and/or the Applications, you recognize the characteristics of the internet network and agree that Enovos shall not be liable in case of internet protocol system interruption due to an act of the internet services provider or any act outside Enovos’ or the Affiliates’ control.

5.5  You undertake to take any actions that might be necessary to limit the damage that could result from possible corruption of files or documents which are included in the Services/Applications.

5.6  f you breach any of your obligations as described in these GTU (or in the GTS), such as using the Services and/or the Applications for illegal purposes, Enovos/the Affiliate may suspend the Services, restrict your access to the Websites/Applications and/or terminate the Contract without prior notice.

6. Restrictions and prohibited use

6.1  By using the Websites, the Services and/or the Applications, you guarantee at all times that you will not use the Websites, the Services/Applications in order to (or will not allow or facilitate a third party to):

1. represent or advocate for illegal activities, as well as false or misleading information;
2. Make an improper use of the Services/Applications, stimulate, induce or encourage the transmission of emails (like spams), chain letters, unsolicited mass mailing, instant messages, unwanted advertising messages or unsolicited mail;
3. promote or encourage any criminal activity or provide guidance or instruction on how to promote illegal activities, invasion of privacy, dissemination or creation of computer viruses or generate cyberattacks ;
4. solicit passwords or personal information from other users for illegal commercial purposes, nor attempt to obtain, or assist third parties in obtaining, unauthorised access to the Services/Application, nor to extract Data;
5. distribute, reproduce, publish or modify material or works protected by copyright, trademark or other proprietary rights of third parties in any way without their prior consent;
6. adapt, modify, translate, transcribe, compile, decompile, assemble, disassemble, transcode or reverse engineer all or part of the Services, the Applications;
7. export or merge all or part of the Application and/or its content with other software programs and nor sell, rent, grant a license to use, or distribute the Services and/or the Applications to third parties;
8. use the Services in any manner that damages, disables, overburdens, or impairs the Services/Application, or Enovos’ or the Affiliates’ systems or servers, or the cloud or other platform on which the Services/Applications operate, and/or otherwise interferes with any other User’s use and enjoyment of the Services/Applications;
9. use the Services in any manner that is unlawful or prohibited or in violation of this GTU and/or any applicable law or regulation

6.2  Enovos/the Affiliate reserves the right, at its sole discretion without any liability to the Customer or User, to disable, suspend or terminate the User’s access to the Services or to the Applications, in the event of any breach by the User or anyone on its behalf, of the provisions of this article.

6.3  In the event of any such unauthorised access or use of the Services/Applications, the Customer and the User shall promptly notify Enovos/the Affiliate.

7. Liability

7.1  Enovos/the Affiliate shall not guarantee a continuous and permanent availability of the Website, the Services and/or the Applications. Enovos/the Affiliate will do its best efforts to provide the availability and quality of the Services to the Users, subject to maintenance periods.

7.2  As stated in Article 4, Enovos/the Affiliate reserves the right to interrupt the Websites, Services and/or the Applications to carry out maintenance operations. These Services interruptions shall not entitle Users and/or Customer to any compensation whatsoever . In the event of failure of the Services, Enovos/the Affiliate will use its best efforts to remedy such failure in accordance with current practices of the computer and telecommunications industry.

7.3  For specific Services, you may open a ticket to report technical problems. For such Services and in case of Services unavailability due to technical malfunctions caused by Enovos/the Affiliate, and without them having been resolved at the shortest time, Enovos/the Affiliate will do its best efforts to resolve these failures as soon as possible, provided that

1. you have described them precisely while opening a ticket;
2. you fully cooperate with Enovos/the Affiliate and that;
3. such failures were not generated by your misuse of the Services.

7.4  Enovos/the Affiliate shall neither be liable for unavailability of the Website, the Services, the Applications and/or Software, nor for unauthorized access, theft or loss of Data caused by  or attributable to the User or to a third party. In any event, Enovos/the Affiliate may not be held liable for any immaterial and/or indirect loss.

7.5  More generally, Enovos/the Affiliate shall not be responsible in case of interruption or malfunctions of the Website, the Services and/or the Applications resulting from:

1. Failure to comply with these GTU or with the Contract ;
2. Inappropriate or illegal use of the Website, the Services and/or the Applications;
3. Use of an outdated version of the Applications;
4. Force majeure events;
5. Events depending on third parties such as telecommunication operators;
6. Act or omission of the User.

7.6  Whilst using the Website or Services, you have the possibility to click on links which will redirect you to third party service providers. Enovos/the Affiliate shall not be liable for the unavailability of such third-party websites or services. More generally, Enovos/the Affiliate shall not be responsible for the functioning, the content or any other aspect of such third-party websites or services or for any direct or indirect damage that may result from such third-party websites or services.

8. Electric vehicle Services (VE Services)

8.1  Enovos uses a third-party supplier (designated “API Provider”) to provide interconnection services between the EV manufacturer’s application of the Client and the Application. The API Provider manages the connection, the transmission and the aggregation of Charging Data.

8.2  As part of the VE Services, your Personal Data is processed for the following purposes:

1. EV connection status: connected/disconnected/charging/paused ;
2. Follow-up by session of Equipment Data and monthly statement;
3. EV home charging aggregated statistics,
4. the Smart Charging Service, i.e. the automated scheduling of EV home charging on the basis of the naturstroum drive tariff and the geolocation data for the connection need. The Customer can start the home charging manually from the Application at any time ;
5. sending notifications in the Application relating to EV charging (charging status, charging times, reduced-price charging offers for limited periods, etc.).

8.3  In order to use the Smart Charging Service, the following conditions shall be met :

1. You have subscribed a naturstroum drive supply Contract,
2. The EV is registered on the manufacturer’s application, which is compatible with the Application;
3. The EV is associated/connected with the Application in an up-to-date version.
4. You have given your consent to the connection and transmission of your EV’s Equipment Data to the Application;
5. You have given your consent to the API Provider for the integration of your Equipment Data to implement interconnection operations between the manufacturer’s application of your EV and the Application as well as the transmission of the Equipment Data.

8.4  The Customer can withdraw his/her consent given for the use of the Smart Charging Service via the Application by decoupling the EV from the Application.

8.5  Enovos is not able to guarantee charging savings as they ultimately depend on the User’s charging behavior and settings. The cost of the Internet connection, including fees, subscriptions, installation costs and taxes shall be borne by the User.

8.6  The Customer declares that he/she is the usual occupant of the accommodation to which the Contract relates and authorizes Enovos to collect and use the Equipment Data for the purposes of executing the Contract.

8.7  Whilst Enovos use reasonable skill and care to ensure that the Equipment Data provided via the Application is available, accurate and complete, it cannot provide any guarantee in relation to the availability of such information in real time, its accuracy or completeness.

8.8  Enovos shall not be liable for any degradation in battery capacity, efficiency, or performance of the EV. The Intelligent Charging Service provided by Enovos optimizes vehicle charging according to the battery management system’s safety measures and the manufacturer’s best practices to ensure battery capacity, longevity and performance.

8.9  If the EV is disconnected from the Application or if there is a malfunction in the transmission of Equipment Data, Enovos will no longer be able to provide the Smart Charging Service.

8.10  Termination of the Energy Supply Contract automatically terminates access to EV Services. EV Services will also be terminated in case of withdrawal of one of the dual consents given in relation to the Smart Charging Service.

9. Violation of GTU

9.1  In case of a breach of your obligations under these GTU, Enovos/the Affiliate is entitled to terminate or suspend any access to the Websites, the provision of the Services and/or the usage of the Applications.

9.2  Suspension, termination, or cancellation of Services or restriction of access to the Websites and/or to the Applications due to the violation of your obligations in regard to the present GTU shall not entitle you to compensation of any kind.

10. Intellectual Property

10.1  The Websites, the Services, the Software, the Applications, their functionalities and content remain the sole property of Enovos/the Affiliate. Licenses granted to you for specific Services do not constitute a transfer of intellectual property rights on the Software.

10.2  If applicable, Enovos/the Affiliate hereby grants to you, for the duration of a Services, a non-exclusive, non-transferable and personal license relating to the use of the Software.

10.3  If the Software includes third parties software editors’ rights, the terms of these licenses will apply to you. In this regard, Enovos/the Affiliate may not, under any circumstances, grant more rights to you than its editors granted to Enovos on their respective software.

10.4  As a consequence, Enovos/the Affiliate undertakes to hold you harmless from any third party’s editor claim that the intellectual property rights within the Software are infringing its intellectual property rights.

10.5  The intellectual property of any information made available by a third party and published on the Websites and/or the Applications remains with that third party and no transfer of license, even temporary, takes place in the context of its use.

11. Protection of personal information

11.1  Enovos/the Affiliate acknowledges and works to comply with the laws and regulations governing the processing of personal data, in particular with the General Data Protection Regulation (EU) 2016/679 of the 27 April 2016 (GDPR) and any other national law or regulation governing the processing of personal data in connection with the usage of the Website, the Services and/or the Applications.

11.2  Enovos/the Affiliate acts as a data controller of the Personal Data collected through the provision of the Services and the usage of the Site and the Application. The processing of Personal Data is necessary for the performance of the Services/Applications.

11.3  Enovos/the Affiliate has established a Privacy Policy to ensure protection of your Personal Data of our Customers and prospects, accessible at « www.enovos.lu ».

11.4  The User has the right to access, rectify, modify, oppose, delete and limit data concerning him/her, which he/she may exercise by contacting the DPO at the following address: dpo@enovos.eu. The User has the right to lodge a complaint in front of the CNPD.

11.5  By using the Websites, the Services and/or the Applications, the Customer and/or User acknowledges and agrees that his/her Personal Data is, where applicable, collected and used in accordance with the Privacy Policy available at « www.enovos.lu ».

11.6 Personal Data may be anonymized and used for statistical purposes.

11.7 Personal Data will be kept for as long as is necessary for the provision of the Services concerned and the new Services in compliance with the Privacy Policy.

12. Governing Law and jurisdiction

12.1  These General Terms of Use are governed by and construed in accordance with Luxembourg law or with the law of the country where the Customer has his/her habitual residence.

12.2  In case of dispute and if the Parties are unable to reach an amicable settlement of their dispute, they agree to submit any disputes arising from the conclusion, construction, performance or termination of these General Terms of Use to the Luxembourg courts or to the forum of the competent jurisdiction pursuant to the applicable rules of judicial competence for the Customer, if different.