Terms and Conditions

United Kingdom and Ireland

Please read these terms and conditions carefully as they contain important information about your legal rights, remedies and obligations by registering for an account, and using the Applegreen electric digital platform either from a mobile device or our website driver portal, or by using a contactless payment method, you agree to comply with and be bound by these terms and conditions (the terms and conditions).

These Terms and Conditions were last updated on 10^th June 2025.

By using Our E.V. Chargers on a Contactless Payment basis, via Our App or Driver Portal, You are entering into an Agreement with Us and agree to be bound by these Terms and Conditions.

1.               About Us

The Applegreen Electric Charging Network is owned and operated by the Applegreen Electric Group and is a network of electric vehicle charging points which We allow Our Customers (You or Your) to use to charge Your Electric Vehicle.

If You are a Customer using Our Services in Ireland, Applegreen Electric IRL Service Areas Limited (company registration number 757268) will be providing You with the Services and if You are a Customer using Our Services in the United Kingdom, Applegreen Electric UK Service Areas Limited (company registration number 13920585) will be providing You with the Services (collectively referred to in these Terms and Conditions as Applegreen Electric, Our, Us or We).

2.               Definitions used in these Terms and Conditions

Account  means Your user account set up on Applegreen Electric’s App or Driver Portal;

Agreement means the agreement between Applegreen Electric and You when you avail of Our Services and which is governed by these Terms and Conditions;

App  means Applegreen Electric’s mobile application which You may download from either the Apple App Store or Google Play Store;

Applegreen Electric Charging Network means all E.V. Chargers operated by Applegreen Electric;

Authorised  Means means an authentication instrument which enables Customers to access Applegreen Electric’s E.V. Chargers (and includes a token, a contactless card, a contactless signal, a key, unique number, plug and charge, smart phone or other means authorised by an applicable

EMSP and/or by Applegreen Electric from time to time);

Charging Location(s) is the physical location where Our E.V. Chargers are available for use by You;

Charging Location Map  means an electronic map operated and maintained by Applegreen Electric which is displayed on

https://www.applegreenelectric.com and on Our App, and which shows Our Charging Locations;

Charging Fees means: (i) for Customers who pay for Our Services by Contactless Payment, the fees displayed at a Charger Location from time to time; and (ii) for Customers who pay for Our Servies via Our App or Driver Portal, the fees displayed on Our App or Driver Portal from time to time;

Contactless Payment means the facility available to Our Customers to pay for Services by using a credit or debit card, Apple Pay or Google Pay using tap and pay contactless payment technology at an E.V. Charger;

Customer(s) means a customer of Applegreen Electric who avails of Our Services by paying by Contactless Payment and/or a customer who avails of Our Services by paying via the Digital Platform from time to time;

Customer Care Team refers to Our customer care call centre available for Customers located in Ireland on +353 15531313 and for Customers located in the UK on 0800 0584546 or by emailing Our Customer Care Team at customersupport@applegreenelectric.com;

Digital Platform means use of Our Services via Our App and/or Driver Portal;

Driver Portal  means the Applegreen Electric driver portal that is available at the following website address: https://driver.applegreenelectric.com;

Electric Vehicle means a battery electric vehicle;

EMSP  means an E-Mobility Service Provider who offers electric vehicle charging services to its customers;

E.V. Charger(s)  means Our electric vehicle chargers that are capable of dispensing electricity to an Electric Vehicle;

E.V. Parking Space means a dedicated parking space where You can park and connect to Our E.V. Chargers and avail of Our Services;

Ireland  means the Republic of Ireland;

Overstay Fees  has the meaning given to that term in Clause 14;

Plug and Charge means the facility whereby an E.V. Charger recognises a Customer’s Electric Vehicle when it is plugged in to one of Our E.V. Chargers and payment for the Services is automatically completed via an EMSP and/or by an Authorised Means;

Registered User  means Our Customers who have signed up to an Account with Applegreen Electric;

Roaming  means the ability for Customers located in the Republic of Ireland to use the Charging Locations in the United Kingdom and/or for

Customers located in the United Kingdom to use the Charging Locations in the Republic of Ireland;

Services  means the services provided by Us to charge Your Electric Vehicle;

Third Party Services means services provided to You via one of Our suppliers and/or subcontractors;

Updates has the meaning given to that term in Clause 18; and

Website means Applegreen Electric’s website at https://www.applegreenelectric.com.

3.               Your Privacy

3.1.               Our collection and use of personal information in connection with Your access and use of Our Services are described in Our Privacy Policy. Our current Privacy Policy can be found here: https://www.applegreenelectric.com/privacy.

3.2.             Information on Your rights in respect of the deletion and removal of Your personal data from Our Digital Platform and how You may make an erasure request is set out in Our Privacy Policy.

3.3.             Other policies may apply to Your use of the Digital Platform, please see Clause 24 on Third Party Services.

4.               Support/Customer Services

4.1.               You can contact Our Customer Care Team for any problems with Your Account, the Digital Platform or the Services.

4.2.             You can also contact Our Customer Care Team if You wish to make a complaint or if You experience a problem using Our Services.

5.               How We will communicate with You

                   If we have to contact You, We will do so through the Digital Platform, or by email using the contact details You have provided to Us or to Our Customer Care Team.

6.               Changes to Our Terms and Conditions

6.1.              We may amend these Terms and Conditions to reflect changes in law, best practice or to cover additional terms or services that We may introduce from time to time.

6.2.             We will notify You of any change to these Terms and Conditions either by sending You an email or notifying You of a change when You next access the Digital Platform.

6.3.             If you do not agree to Our amended Terms and Conditions, you may uninstall and stop using our Services.

7.               Our Services

7.1.              You enter into an Agreement with Us when you avail of Our Services. You must read these Terms and Conditions prior to availing of Our Services.

7.2.             For Customers who pay via Contactless Payment, the link to these Terms and Conditions are available at Our E.V. Chargers and Your Agreement is entered into with Us at the time You avail of the Services at an E.V. Charger.

7.3.             For Customers who pay via Our Digital Platform, Your Agreement is entered into with Us at the time you set up Your Account.

7.4.             We will provide You with the Services on the terms and conditions set out in these Terms and Conditions.

7.5.              You can avail of Our Services at a Charging Location and pay for such Services:

7.5.1.           by paying through Your Account; or

7.5.2.          by paying via the Contactless Payment function that is available at an E.V. Charger; or

7.5.3.           via Plug and Charge; or

7.5.4.           via an Authorised Means.

7.6.             The publicly advertised E.V. Charger power rating in kilowatt is an indication of the maximum power that an E.V. Charger can deliver to a Customer’s Electric Vehicle. Applegreen Electric does not guarantee the level of power delivered at an E.V. Charger as this is influenced by external factors and therefore has no bearing on the Charging Fee charged to a Customer.

7.7.              You shall promptly disconnect Your Electric Vehicle and vacate the E.V. Parking Space in which the E.V. Charger You are using is located as soon as possible once You have finished charging Your Electric Vehicle.

8.              Registering for an Account

8.1.             You may register for an Account via the Digital Platform by providing Us with certain identifying information as part of the Account set up form. We accept Your application by creating Your Account and giving You access to it and the Digital Platform. We reserve the right to reject any user’s application at Our sole discretion. The Agreement between You and Us is concluded upon Our acceptance of Your Application and the creation of Your Account.

8.2.             By providing payment card details on Your Account, You undertake and confirm that the card is Yours or You have the owner’s consent to use it.

8.3.            You must be over eighteen (18) years to create an Account.

8.4.             You must have a valid mobile number to register and maintain an Account.

9.              Use of Our Services

9.1.              On acceptance of Your Account application, Applegreen Electric grants to You a revocable, non-exclusive, non-transferable, limited licence to download, install and use the Digital Platform and Services strictly in accordance with these Terms and Conditions and subject always to the Clause 22 of these Terms and Conditions.

9.2.             Your Account is personal to You and gives You the right to use the Digital Platform and Services, including:

9.2.1.           Full access to and use of the Digital Platform; and

9.2.2.           Access to the Charging Services on the Applegreen Electric Network.

10.            Right to Change Your mind

10.1.            If You are a consumer and have set up an Account, You have the right to withdraw from the Agreement You form with Us when We accept Your application for an Account at any time within fourteen (14) days of Our acceptance for any reason provided You have not used the App or Driver Portal to pay for Services.

10.2.           If You wish to withdraw from Your Agreement, You may delete Your Account from the Digital Platform during this fourteen (14) day period.

11.            Keep Your Account details safe and up to date

11.1.          You must keep Your Account details and passwords safe and treat such information as confidential. You must not disclose it to any third party.

11.2.         We may disable Your Account if in Our reasonable opinion You have failed to comply with any of these Terms and Conditions.

11.3.         If You know or suspect that anyone other than You knows Your Account log in details or Your password, You must change Your password immediately and promptly notify Us of any transactions that You believe are fraudulent to the following email address: customersupport@applegreenelectric.com.

11.4.         If any Account information that You have provided to Us is incorrect, or changes, such as a change in name, email address etc, You must update Your Account information on the Digital Platform as soon as reasonably practicable.

12.           Payment for Services/Charging Fees

12.1.         You agree to pay the Charging Fees when You avail of the Services at a Charging Location.

12.2.        All fees will be inclusive of VAT charged at the rate applicable at the date the Service is paid for. Our fees may incorporate fixed, variable, once-off and/or recuring components.

12.3.        Payments for Your use of the Service is to be made in the currency as indicated during Your registration to use the Service, or in the case of Customers using one off Contactless Payment, the local currency applicable at the E.V. Charging Location, all in accordance with these Terms and Conditions.

12.4.        The Charging Fees applicable at a Charging Location for Customers paying via a Contactless Payment method are displayed at the applicable Charging Location and for Customers paying via Our Digital Platform, the Charging Fees will be display on the Digital Platform for the applicable Charging Location.

12.5.        We accept electronic payment via all major debit and credit cards, including Visa, Mastercard Maestro, Apple Pay and Google Pay etc. Additional payment options may be added over time. We do not accept cash payments.

12.6.        Should Your payment be declined, or fail for reasons associated with payment card validity, lack of adequate funds, or other card related issues not connected with our payment processing systems, We will let you know. Your Account will be temporarily suspended should payment fail, pending the rectification of the payment issue by You and the successful collection by Us of the amount due. We reserve the right to charge you a late payment fee in addition to the amount due.

12.7.        You will need to contact US in order to pay the outstanding balance on Your Account and have it reactivated. We (or Our agents acting on our behalf) will be entitled to take all necessary steps required to recover any outstanding amount due to Us.

12.8.        Applegreen Electric reserves the right to report any potentially fraudulent payment activity to the police, action for fraud or other law enforcement organisations as appropriate.

12.9.        We use payment services provided by Ayden/Elavon to ensure the cyber security applied to Your payment information complies with best practices. Please see section on Third Party Services in Clause 24 below.

12.10.      No refund will be given in relation to a Charging Fee and/or an Overstay Fee except where a malfunction or other error occurs which results in You being charged incorrectly and such error is validated by Applegreen Electric.

13.          Credit Account

13.1.        Details of a valid payment card with sufficient funds available must be provided prior to availing of Our Services.

13.2.       A pre-authorisation for a nominal amount will be carried-out at the E.V. Charger in order to confirm card validity for Customers paying via Contactless Payment and Your payment card will be debited with this sum and it will be returned to you after You pay for the Services. For Customers located in Ireland, the pre-authorisation amount is €1 and for Customers located in the UK, the pre-authorisation amount is £1.

13.3.       For Customers setting up an Account, You must register a payment card to use Your Account. When adding a card, a test transaction of £1 for Customers located in the UK will be deducted and returned back to Your Account in the accordance with Your bank’s processes and there is no test transaction amount for Customers located in Ireland. Prior to each transaction, we will deduct the sum of €0.01 for Customers located in Ireland and the sum of £45 for Customers located in the UK to authorise Your Account (Pre-Authorisation Amount). When You complete a transaction on Your Account, the Pre-Authorisation Amount will be returned back to Your Account in accordance with Your bank’s processes. Your registered payment card will be charged with an amount equivalent to the applicable Charging Fee. In addition, if You overstay the period for charging Your Electric Vehicle, You will be charged and Overstay Fee in accordance with Clause 14.

13.4.       If the payment processor is unable to process a payment, Your Account may be disabled until the payment is successfully processed.

13.5.        You must keep Your registered payment card details up to date and make any changes to those details on the Digital Platform as soon as reasonably practical after the details are changed by You or the card provider. You will remain liable for any Charging Fees notwithstanding any changes You make to Your payment cards or payment information.

14.           Overstay Fees

14.1.         If You stay connected to an E.V. Charger or remain parked in a designated E.V. Parking Space for longer than forty five (45) minutes at specified Charging Locations, an overstay fee of €0.50 or £0.50 per minute (depending on whether the E.V. Charger is located in Ireland or the United Kingdom) may be charged to Your account for every minute of time after the forty five (45) minutes time limit is reached, rounded up to the nearest minute (the Overstay Fee). Any such Overstay Fee will be made clear to users of the Services at the applicable Charging Location. To avoid Overstay Fees, We recommend You monitor Your Electric Vehicle while using Our E.V. Chargers and We encourage You to use the App to track Your Electric Vehicle’s charging status. The Overstay Fee rate for each location may change from time to time, and the latest information is provided in the map pin pop-up (accessible through the navigation application on Our Digital Platform) or at the applicable Charging Location. By remaining parked in an E.V. Parking Space after Your Electric Vehicle is finished charging, You accept the Overstay Fee rate communicated to You via Our App and/or at the applicable Charging Location.

14.2.        In general, the application of the Overstay Fee will be automated. However, We reserve the right to apply this manually and retrospectively should We detect that attempts are being made to circumvent it. We would consider behaviour such as stopping an in-progress charge and starting another one on the same E.V. Charger from the same Account, with just a token period of inactivity (less than five (5) minutes) in between to represent an attempt at circumvention.

15.          Termination/Suspension of Your use of Our Services

15.1.         Our Agreement with You shall remain in effect until terminated by You or by Applegreen Electric.

15.2.        We may terminate or suspend Your use of the Services at any time by contacting You if You have breached these Terms and Conditions. In addition to Our right to terminate Your Account, if You are in breach of these Terms and Conditions, We may, in Our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

15.3.         If We terminate or suspend Your use of the Services, You must stop all activities authorised by these Terms and Conditions, including Your use of the Services and You must delete or remove the App from all of Your devices in Your possession.

15.4.        You may terminate Your Agreement by closing Your Account from the settings page on the Digital Platform.

15.5.         Termination of Your Agreement will not limit any of Applegreen Electric’s rights or remedies at law or in equity in case of breach by You during the term of Your Agreement or any of Your obligations under Your Agreement.

15.6.         We may suspend Your Account and/or terminate Your Agreement if:

15.6.1.        You fail to provide payment for the Services whether by paying via Contactless Payment and/or via the Digital Platform at a Charging Location;

15.6.2.       You persistently mistreat or damage the E.V. Chargers or ancillary charging equipment at a Charging Location; or

15.6.3.       You repeatedly avoid the Overstay Fee as specified in these Terms and Conditions, on Our App or at a Charging Location in a clear and unambiguous attempt to lengthen Your charging time and circumvent the application of the Overstay Fee by: (i) stopping an in-progress charger before the Overstay Fee is due to apply; and/or (ii) starting another charge on the same E.V. Charger from the same Account within a nominal time period (five (5) minutes) following the end of the first charge.

16.             How You may use material on Our Digital Platform

16.1.           All intellectual property rights in the Digital Platform and Services throughout the world belong to Us (or Our licensors) and the rights in the Digital Platform and the Services are licensed (not sold) to You. You have no intellectual property rights in, or to, the Digital Platform or the Services other than the non-exclusive, revocable right to use them in accordance with these Terms and Conditions. Your right to use the Digital Platform and the Services is subject to Clause 22.

16.2.          You may print off one copy, and may download extracts of any page(s) from Our Digital Platform for Your personal use and You may draw the attention of others within Your organisation to content posted on Our Digital Platform.

16.3.          You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

16.4.          Our status (and that of any identified contributors) as the authors of content on Our Digital Platform must always be acknowledged. You must not use any part of the content on Our Digital Platform for commercial purposes without obtaining a licence to do so from Us or Our licensors.

16.5.           If You print off, copy or download any part of the Digital Platform in breach of these Terms and Conditions, Your right to use Our Digital Platform will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

17.            No Warranties

17.1.          The content of Our Digital Platform is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking or refraining from, any action on the basis of the content on Our Digital Platform.

17.2.          The Digital Platform and information provided on Our Website, App and Driver Portal is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Applegreen Electric, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties whether express, implied, statutory or otherwise, with respect to the Digital Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Applegreen Electric provides no warranty or undertaking, and makes no representation of any kind that the Digital Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

17.3.          Without limiting the foregoing, Applegreen Electric makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Digital Platform, or the information, content and materials or products included thereon; (ii) that the Digital Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Digital Platform; or (iv) that the Digital Platform, its servers, the content, or emails sent or on behalf of Applegreen Electric are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

18.            Changes to the Digital Platform and Services

18.1.          We may provide updates, improvements and enhancements to Our Digital Platform and Services from time to time which may include, among other things, updates, upgrades, bug fixes, patches and other modifications (Updates).

18.2.         Updates may modify or delete certain features and/or functionalities of the Digital Platform and Services. You agree that Applegreen Electric has no obligation to: (i) provide any Updates; or (ii) continue to provide or enable any particular functionalities and/or features of the Digital Platform to You.

18.3.         You further agree that all Updates will be: (i) deemed to constitute an integral part of the Digital Platform, and (ii) subject to these Terms and Conditions.

19.           Other websites or platforms

The Digital Platform may contain links to other independent websites that are not provided by Us. These sites are not under Our control and We are not responsible for their content, information or any of the privacy or cookies policies. You will need to decide at Your discretion about whether You wish to use such websites, including whether to buy any services or products from such websites.

20.        How You may use Our APP

20.1.       By agreeing to these Terms and Conditions, You may: (i) download a copy of the App onto Your smart phone, or other applicable device and view, use and display the App on such devices for Your personal purposes only; (ii) make one copy of the App for back-up purposes; (iii) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as We may provide to You; (iv) receive and use any partner promotions; and (v) leave a review on google or other applicable review platforms.

20.2.       We are giving You personally the right to use the App. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

20.3.       If You download the App onto any phone or other device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these Terms and Conditions, whether or not You own the phone or other device where the App has been downloaded.

21.            Location data

We make use of transaction location data, which includes details of the Charging Location, the E.V. Charger and socket number to enable You to locate the nearest Charging Location and to enable Us to identify the transaction when You use an E.V. Charger. This is used by the App’s embedded utilisation of the default Mapping application. If You use these Services, You consent to Us and Our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing, and use of Your transaction location data and queries to provide and improve location-based and road traffic-based products and services. We do not retain transaction location data for longer than is necessary to perform these Services.

22.           You agree to the following conditions to use Our Services

22.1.         By using Our Services and accepting these Terms and Conditions, You agree:

22.1.1.       not to tamper with any E.V. Charger;

22.1.2.      not to use any E.V. Charger or the E.V. Parking Space in which it is located for any purpose other than for the charging of Your Electric Vehicle;

22.1.3.        not to connect any cable, adapter, connector, switch or other interface to an E.V. Charger which is not fit for purpose and/or fully compliant with all relevant laws, regulations and specifications;

22.1.4.       not to abandon any cables used to charge an Electric Vehicle by disconnecting them from an Electric Vehicle while the other end remains locked in the E.V. Charger once charging finishes. Should this occur, We reserve the right to remove these cables from the E.V. Charger;

22.1.5.        not to use the Services in a manner which is, or which has a purpose or effect which is harmful, unlawful, fraudulent, disruptive, which causes a nuisance or which is in connection with a criminal offence;

22.1.6.        not to act in any way which prevents, impairs or jeopardises the operation of any E.V. Charger;

22.1.7.        not to remain connected to an E.V. Charger after Your Electric Vehicle has charged to one hundred percent (100%) subject always to any time restrictions imposed by Us at a Charger Location that limits the period of time that You may remain at an Charging Station;

22.1.8.        to use the E.V. Chargers and the Services in a responsible manner and with care and in a safe manner;

22.1.9.        to adhere to all safety related instructions, notifications, and advice as issued and/or published by Us on Our Website, App and/or at a Charger Location;

22.1.10.      not to deliberately damage, mistreat or otherwise compromise Applegreen Electric Charging Network’s ability to function in any way;

22.1.11.       that You shall only use the captive charging cables tethered to an E.V. Charger or another charging cable supplied by Us;

22.1.12.      not to rent, lease, sub-license, loan, provide or otherwise make available, the Digital Platform in any form in whole or in part to any person without prior written consent from Us;

22.1.13.      not to copy the Digital Platform except as part of the normal use of the Digital Platform or where it is necessary for the purpose of back-up or operational security;

22.1.14.     not to translate, merge, adapt, vary, alter or modify the whole or any part of the Digital Platform nor permit the Digital Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on mobile devices as permitted in these terms; and

22.1.15.     not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Digital Platform nor attempt to do any such things.

22.2.         You may not use the Services:

22.2.1.       in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses, or harmful data, into the Digital Platform or any operating system;

22.2.2.        infringe Our intellectual property rights or those of any third party in relation to Your use of the Digital Platform or the Services (to the extent that such use is not licensed by these terms);

22.2.3.       transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Digital Platform or Services;

22.2.4.       use the Digital Platform or Services in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; or

22.2.5.       collect or harvest any information or data from the Digital Platform or Our systems or attempt to decipher any transmissions to or from the servers running the Digital Platform or any Services.

22.3.          In the event You have (or become aware of) a health and safety related concern or issue with Our Charging Network, You should immediately refrain from using the E.V. Charger and You should immediately contact Our Customer Care Team.

23.            Promotions/Marketing

23.1.          We may notify You from time to time through the Digital Platform or by email or Push Notification if You have elected for Us to contact You by those means in relation to offers available in connection with Our Services.

23.2.         From time to time We (or Our agents acting on our behalf) may contact You by text message, email, post, telephone or in person with information about Our Services which may be of interest to You. Please follow carefully the instructions below to ensure that Your marketing preferences are respected.

23.3.         During the registration of Your Account, We will ask Your preference in relation to receiving marketing communications from US. You will need to provide an indication that You do wish to receive marketing communications from us. The default setting on our Account set up page is that you do not wish to receive marketing communications. You may opt out or amend at any time of your marketing preferences. If any time after registration you do not wish to be contacted for marketing purposes, please exercise Your right to opt out either via Your Account or through the unsubscribe feature in any electronic message You receive from Us.

24.            Third Party Services

We have appointed Adyen to provide payment services to process payments where You use Our Digital Platform and Elavon to process payments for customers using Contactless Payments (Payment Processor). Payments are subject to the terms and conditions of the Payment Processor (where applicable). 

25.            Limitation of Liability

25.1.          We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

25.2.         We are not liable for business losses. Our Servies are for domestic and private use. If You use Our Services for any commercial, business or resale purpose, We will have no liability to You for loss of profit, loss of business, business interruption or loss of business opportunity. 

25.3.         We are not liable for any indirect and/or consequential losses. In no event shall Applegreen Electric or its suppliers be liable for any indirect loss, special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of data or other information, for personal injury, for loss of privacy arising out of or in any way related to the use of, or inability to use the Digital Platform or Our Services, third party software and/or third party hardware used with the Digital Platform, or otherwise in connection with any provision of these Terms and Conditions), even if Applegreen Electric or any supplier has been advised of the possibility of such damages and even if the remedy fails for its essential purpose.

25.4.       We are not responsible for events outside Our control. If a provision of the Services or support for the Digital Platform or the Services is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact Us to end Your Agreement with Us and receive a refund for any Services You have paid for but not received.

25.5.       We are not responsible for loss of data. It is Your responsibility to back up Your data on a regular basis.

25.6.       Notwithstanding any damages or losses that You might incur in connection with the use of Our Services and/or Our Digital Platform, the entire liability of Applegreen Electric and any of its suppliers under any provision of these Terms and Conditions and/or Our Agreement with You and Your exclusive remedy for all of the foregoing shall be limited to the total Fees You pay to Us over the twelve (12) month period preceding the event that gave rise to the liability.

25.7.        You will be liable for any damage caused to Our E.V. Chargers, ancillary equipment and E.V. Parking Spaces through Your negligence, improper use or deliberate mistreatment of same.

26.            Indemnification

You agree to indemnify and hold Applegreen Electric and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your: (a) use of the Digital Platform; (b) violation of these Terms and Conditions or any law or regulation; and (c) violation of any right of a third party.

27.            Assignment

27.1.          We may transfer Our rights and obligations under these Terms and Conditions to another organisation. We will always tell You in writing if this happens and We will ensure that any such transfer will not affect Your rights under Your Agreement with Us and these Terms and Conditions.

27.2.         You may only transfer Your rights and obligations under these Terms and Conditions to another person if We agree in writing.

28.            No rights for Third Parties

These Terms and Conditions do not give rise to any rights to third parties, including any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of Your Agreement with Us.

29.            Severability

Each of the clauses in these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

30.            Delay

Even if We delay in enforcing Your Agreement with Us and/or these Terms and Conditions, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms and Conditions, or if We delay in taking steps against You in respect of You breaking/breaching Your  Agreement with Us, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

31.            Governing Law

These Terms and Conditions are governed by and construed in accordance with English law and You can bring legal proceedings in respect of the Services in the English courts. If You live in Ireland, You can bring legal proceedings in respect of the Services in the Irish courts. If You live in Scotland, You can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If You live in Northern Ireland, You can bring legal proceedings in respect of the Services in the Northern Irish courts.

United States of America

Please read these terms and conditions carefully as they contain important information about your legal rights, remedies and obligations by registering for an account, and using the Applegreen electric digital platform either from a mobile device or our website driver portal, or by using a contactless payment method, you agree to comply with and be bound by these terms and conditions (the terms and conditions).

These Terms and Conditions were last updated on November 24th 2025.

By using Our E.V. Chargers on a Contactless Payment basis, via Our App or Driver Portal, You are entering into an Agreement with Us and agree to be bound by these Terms and Conditions.

Additional Terms. In some instances, additional or different terms and/or conditions will apply to Your use of the Services or to a service or product offered via the Services (in each such instance, and collectively (Additional Terms)). To the extent there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. References to these Terms and Conditions herein includes any applicable Additional Terms that may apply, unless stated otherwise. 

Jury Trial and Class Action Waiver. These Terms and Conditions include a Jury Trial and Class Action Waiver (please see section 24 below) that governs any disputes between You and Us. The Jury Trial and Class Action Waiver and other provisions will:

• Eliminate Your right to a trial by jury to the extent allowable under applicable law; and
• Eliminate Your right to bring, join, or participate in a class action to the extent allowable under applicable law.

Changes to These Terms and Conditions and Additional Terms. We may prospectively change these Terms and Conditions by posting new or changed terms on the Services. We may notify You of the terms by posting them on the Services or in any other reasonable manner of notice which We elect. If You do not agree to Our amended Terms and Conditions, You may stop using Our Services. However, continued use of Our Services shall constitute Your acceptance of these Terms and Conditions as amended. 

Users Under 18 and Their Parents/Guardians: Please Read This Section

You must be at least sixteen (16) years of age to use the Services, including to register an account. If you are under (eighteen) 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read these Terms and Conditions with you.

If you are a parent or legal guardian of a user that is under the age of eighteen (18), by allowing your teen to use the Services, you agree to these Terms and Conditions and responsible for your teen’s activity on the Services.

1.               About Us

The Applegreen Electric Charging Network is owned and operated by the Applegreen Electric Group and is a network of electric vehicle charging points which We allow Our Customers (also referred to herein as You or Your) to use to charge Your Electric Vehicle.

If You are a Customer using Our Services in the United States, Applegreen Electric US Inc or one of its subsidiaries will be providing You with the Services (collectively referred to in these Terms and Conditions as Applegreen Electric, Our, Us or We). 

2.               Definitions used in these Terms and Conditions

• Account means Your user account set up on the App or Driver Portal;
• App means Applegreen Electric’s mobile application which You may download from either the Apple App Store or Google Play Store;
• Applegreen Electric Charging Network means all E.V. Chargers operated by Applegreen Electric, collectively and individually;
• Applegreen Electric Group means Applegreen Electric, its parent, subsidiaries, and other affiliates, and their respective officers, directors, employees, and agents.
• Authorized Means means an authentication instrument which enables Customers to access Applegreen Electric’s E.V. Chargers (and includes a token, contactless card, contactless signal, key, unique number, plug and charge, smart phone, RFID, or other means authorized by an applicable EMSP and/or by Applegreen Electric from time to time);
• Autocharge means a technology that allows Electric Vehicles that have a CCS connector to plug in to one of Our E.V. Chargers without having to authenticate Yourself or Your Electric Vehicle to avail of the Services once You have registered Your Account and Your Electric Vehicle to use Our E.V. Chargers;
• Charging Fees means the fees incurred for use of an E.V. Charger and any other fees applicable to the use of the Services;
• Charging Location(s) is the physical location where Our E.V. Chargers are available for use by You;
• Charging Location Map means an electronic map operated and maintained by Applegreen Electric which may be made available on Our Digital Platform and on Our App, and which shows Our Charging Locations;
• Content has the meaning set forth in Clause 13.1;
• Customer(s) means user(s) of the Services, including Account holders, users who are customers of EMSPs, individuals who use the Services by way of In-Person Payment, or individuals who use the Services on behalf of the foregoing;
• Customer Support Team refers to Our customer support call center available for Customers +(888) 577-7099 and or by emailing Our Customer Support Team at customersupport@applegreenelectric.com;
• Digital Platform means Our App and Driver Portal, collectively and individually;
• Driver Portal means the Applegreen Electric driver portal that may be made available at the Website or otherwise online or electronically;
• Electric Vehicle means a battery electric vehicle;
• EMSP means an  E-Mobility Service Provider who offers electric vehicle charging services to its customers;
• E.V. Charger(s) means Our electric vehicle charger(s);
• E.V. Parking Space means a dedicated parking space associated with an E.V. Charger;
• In-Person Payment means the functionality available to Our Customers to pay for Services via a payment mechanism on or near an E.V. Charger (including contactless payment options, to the extent available);
• Overstay has the meaning set forth in Clause 11.1;
• Overstay Fees has the meaning set forth in Clause 11.1;
• Payment Processor has the meaning set forth in Clause 22.2;
• Plug and Charge means a technology that allows Electric Vehicles supported by ISO 15118 to plug in to one of Our E.V. Chargers without having to authenticate Yourself or Your Electric Vehicle to avail of the Services if You are registered with an EMSP;
• Pre-Authorization Amount has the meaning set forth in Clause 10.4;
• Services means, collectively and individually, the Applegreen Electric Charging Network, the Digital Platform, and Our other websites, platforms, applications, and services that link to these Terms and Conditions;
• Submission(s) has the meaning set forth in Clause 14.1;
• Third-Party Services has the meaning set forth in Clause 22;
• Trademarks has the meaning set forth in Clause 13.1;
• Updates has the meaning set forth in Clause 17.1;
• Website means Applegreen Electric’s website at https://www.applegreenelectric.com (or a successor URL).

3.               Your Privacy

3.1.             Our collection and use of personal information in connection with Your access and use of Our Services are described in Our Privacy Policy. Our current Privacy Policy can be found here: https://www.applegreenelectric.com/privacy (or a successor URL). By using the Services, You acknowledge and consent to Our data practices as described in Our Privacy Policy. 

3.2.            Information on the data privacy rights You may have are set out in Our Privacy Policy.

4.            Customer Support

4.1.             Please contact Our Customer Support Team at customersupport@applegreenelectric.com or (888) 577-7099 for any problems with Your Account, the Digital Platform, or the Services.

4.2.             Please contact Our Customer Support Team via the App if You wish to make a complaint or if You experience a problem using Our Services.

4.3.             If You wish to contact Us for any other reason, please contact Us at customersupport@applegreenelectric.com or (888) 577-7099. 

5.             Our Services

5.1.             Subject to the availability of the Services, You can use Our Services at a Charging Location and pay for such Services by payment mechanisms designated by Us in Our sole discretion, such as the following (subject to availability):

5.1.1.     by paying through Your Account; or

5.1.2.     by paying via the In-Person Payment function that is available at an E.V. Charger; or

5.1.3.     via an Authorized Means; or

5.1.4.     by additional payment mechanisms designated by Us from time-to-time.

5.2.             The publicly advertised E.V. Charger power rating in kilowatts is an indication of the maximum power that an E.V. Charger can deliver to a Customer’s Electric Vehicle. Applegreen Electric does not guarantee the level of power delivered at an E.V. Charger as this is influenced by external factors and therefore has no bearing on the Charging Fee charged to a Customer. 

5.3.             You shall promptly disconnect Your Electric Vehicle and vacate the E.V. Parking Space in which the E.V. Charger You are using is located as soon as possible once You have finished charging Your Electric Vehicle.

6. Registering for an Account

6.1.             You may register for an Account via the Digital Platform by providing Us with certain identifying information as part of the Account set up form. You may not create more than one Account. We accept Your application by creating Your Account and giving You access to it and the Digital Platform. We reserve the right to reject any user’s application at Our sole discretion. For any dispute as to Account creation or authenticity, We shall have the sole right, but are not obligated, to resolve such dispute as We determine appropriate, without notice. Your Account is personal to You, and You may not open an Account on behalf of someone else. You are not permitted to sell, transfer, or assign Your Account or any Account rights.

6.2.             By providing payment card details on Your Account, You undertake and confirm that You are an authorized user of the card.

6.3.             You must have a valid mobile number to register and maintain an Account. We may require different or additional minimum information from time-to-time for registering and maintaining an Account. 

7. License to Use 

7.1.              Subject to Your compliance with these Terms and Conditions, including, without limitation, Clauses 13 and 19, Applegreen Electric grants to You a revocable, non-exclusive, personal (non-commercial), non-transferable, non-assignable, limited license to:

7.1.1.      download, install, and use the App on Your personal device(s) to access the digital features of the Services made available to You;

7.1.2.      access and use the Website and Driver Portal on Your personal device(s) to access the digital features of the Services made available to You;

7.1.3.      download, display, view, use, play, and/or print one copy of the Content (as defined in Clause 13) (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on Your personal device(s); and

7.1.4.      visit Our Charging Locations to use an E.V. Charger to charge Your E.V. and to occupy the E.V. Parking Space associated therewith during Your charging session.

8. Account Security

8.1.              You must keep Your Account details and passwords safe and treat such information as confidential. You must not disclose it to any third party. You are solely responsible and liable for the security and confidentiality of Your access credentials and all activity that takes place on Your Account. 

8.2.              If you know or suspect that anyone other than You knows Your Account log in details or Your password, You must change Your password immediately and promptly notify Us of any transactions that You believe are fraudulent to the following email address: customersupport@applegreenelectric.com. We do not review Accounts for authenticity and are not responsible for any unauthorized Accounts that may appear on the Digital Platform.

8.3. If any Account information that You have provided to Us is incorrect, or changes, such as a change in name or email address, You must update Your Account information on the Digital Platform as soon as reasonably practicable.

9. Charging Fees

9.1.               You agree to pay the Charging Fees when You use the Services at a Charging Location. 

9.2.               Payments of Charging Fees will be made in the local currency of the E.V. Charging Location that You use.

9.3.       The Charging Fees applicable at a Charging Location for Customers paying via an In-Person Payment method are displayed at the applicable Charging Location. For Customers paying via Our Digital Platform, the Charging Fees will be displayed on the Digital Platform for the applicable Charging Location. 

9.4.               All fees, including fees displayed at Our Charging Locations and on the Digital Platform, will be exclusive of sales tax. Sales tax will be charged once the transaction is complete. Sales tax shall be charged at the rate applicable at the date the Services are paid for and for the location where the Services are delivered. Our fees may incorporate fixed, variable, once-off and/or recuring components.

10. Card Payments

10.1.  We currently accept electronic payment via all major debit and credit cards, including Visa, Amex, Mastercard Maestro, prepaid cards, Apple Pay, and Google Pay. Payment options may be added or removed at any time in Our sole discretion. We do not accept cash payments. The availability of specific payment options is not guaranteed. Please consult the Digital Platform or the applicable Charging Location at the time You desire to use the Services to see which payments options are available to You at that time. 

10.2.       Details of a valid payment card with sufficient funds available must be provided prior to using Our Services. 

10.3.       A pre-authorization for a nominal amount will be carried out at the E.V. Charger to confirm card validity for Customers paying via In-Person Payment. Your payment card will be debited with this sum and it will be returned to You after You pay for the Services. The sum will be returned in accordance with Your bank or card provider’s processes. The pre-authorization amount is determined based on the payment model used at the Charging Location and U.S. state of purchase, and may be up to fifty dollars ($50) or a higher amount, if posted.

10.4.      When setting up an Account, a Customer must register a payment card to use the Account. When adding a card, a test transaction of zero dollars ($0) may be deducted and returned to Your Account in the accordance with Your bank’s processes. Prior to each transaction, We will deduct the sum of up to fifty dollars ($50) or a higher amount, if posted, to authorize Your Account (Pre-Authorization Amount). When You complete a transaction on Your Account, the Pre-Authorization Amount will be returned to Your Account in accordance with Your bank’s processes. Your registered payment card will be charged with an amount equivalent to the applicable Charging Fee. In addition, if You overstay the period for charging Your Electric Vehicle, You will be charged an Overstay Fee in accordance with Clause 11.

10.5.       You must keep Your registered payment card details up to date and make any changes to those details on the Digital Platform as soon as reasonably practical after the details are changed by You or the card provider. You will remain liable for any Charging Fees notwithstanding any changes You make to Your payment cards or payment information.

10.6.       Should Your payment be declined, or fail for reasons associated with payment card validity, lack of adequate funds, or other card related issues not connected with Our payment processing systems, We will let You know. Your Account will be temporarily suspended should payment fail, pending the rectification of the payment issue by You and the successful collection by Us of the amount due. We reserve the right to charge You a late payment fee in addition to the amount due.

10.7.  You will need to contact Us to pay the outstanding balance on Your Account and have it reactivated. We (or Our agents acting on Our behalf) will be entitled to take all necessary steps required to recover any outstanding amount due to Us.

10.8.       Applegreen Electric reserves the right to report any potentially fraudulent or illegal activity to the police or other law enforcement organisations as appropriate.

10.9.       No refund will be given in relation to a Charging Fee and/or an Overstay Fee except where a malfunction or other error occurs which results in You being charged incorrectly and such error is validated by Applegreen Electric (in its sole and absolute discretion).

11. Overstay Fees

11.1.               You will be charged an Overstay Fee communicated to You in the Digital Platform or at a Charging Location if You Overstay. Overstay means one or more of the following: (1) You stay connected to an E.V. Charger after Your Electric Vehicle is finished charging, (2) You remain parked in a designated E.V. Parking Space after Your Electric Vehicle is finished charging, (3) You remain parked in a designated E.V. Parking Space for over the specified period communicated to You in the Digital Platform or at a Charging Location (4) You remain parked in a designated E.V. Parking Space after Your Electric Vehicle is charged to 80% capacity, or (5) You otherwise park in a designated E.V. Parking Space, prevent another person from parking in the E.V. Parking Space, or prevent another person from utilizing an applicable E.V. Charger for longer than forty five (45) minutes at specified Charging Locations. You may be charged an overstay fee, the amount of which will be posted in the App or at the Charging Location, for every minute after the forty-five (45) minute time limit is reached, rounded up to the nearest minute (Overstay Fee).  To avoid Overstay Fees, We recommend You monitor Your Electric Vehicle while using Our E.V. Chargers and We encourage You to use the App, the app You are using for the Services, Your Electric Vehicle’s car display, or the E.V. Charger to track Your Electric Vehicle’s charging status. The Overstay Fee rate for each location may change from time to time, and the latest information is provided in the map pin pop-up (accessible through the navigation application on Our Digital Platform) or at the applicable Charging Location. 

11.2.  In general, the application of the Overstay Fee will be automated. However, We reserve the right to apply this manually and retrospectively should We detect that attempts are being made to circumvent it. We would consider behavior such as stopping an in-progress charge and starting another one on the same E.V. Charger from the same Account, with just a token period of inactivity (less than five (5) minutes) in between, to represent an attempt at circumvention. 

12. Termination or Suspension 

12.1.  These Terms and Conditions shall remain in effect until terminated by You or by Applegreen Electric.

12.2.       We may, in Our sole discretion, at any time and for any or no reason, suspend Your access to the Services (temporarily or permanently) or terminate these Terms and Conditions, in each case with or without prior notice.

12.3.        If We terminate or suspend Your use of the Services, all licenses granted to You are revoked, You must delete or remove the App from all Your devices in Your possession, and You must stop all activities authorized by these Terms and Conditions, including Your use of the Services. We reserve the right to take technical, administrative, and physical measures to prevent Your access to and/or use of the Services following suspension or termination. 

12.4.        You may terminate these Terms and Conditions by closing Your Account from the settings page on the Digital Platform and ceasing all access and use of the Services.

12.5.  Termination of these Terms and Conditions will not limit any of Applegreen Electric’s rights or remedies at law or in equity in case of breach by You during the term of Your Agreement nor any of Your obligations under Your Agreement.

12.6.        Without limiting Our rights to terminate or suspend set forth herein, We may suspend Your Account and access to the Services and/or terminate these Terms and Conditions if:

12.6.1.        You fail to provide payment for the Services whether by paying via In-Person Payment or via the Digital Platform at a Charging Location;

12.6.2.  You persistently mistreat or damage the E.V. Chargers or ancillary charging equipment at a Charging Location; 

12.6.3.        You provide us with inaccurate or false information when setting up Your Account; or

12.6.4.        You repeatedly avoid the Overstay Fee as specified in these Terms and Conditions, on Our App or at a Charging Location in a clear and unambiguous attempt to lengthen Your charging time and circumvent the application of the Overstay Fee by: (i) stopping an in-progress charger before the Overstay Fee is due to apply; and/or (ii) starting another charge on the same E.V. Charger from the same Account within a nominal time period (five (5) minutes) following the end of the first charge.

12.7.  The provisions of these Terms and Conditions, which by their nature should survive Your suspension or termination, will survive, including the rights and licenses You grant Us in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, jury trial waiver, and class action waiver.

13. Our Ownership in Services Content; Restrictions on Content 

13.1.                 The Digital Platform and Services contain a variety of: (i) materials and other items relating to Applegreen Electric and its products and Services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services, and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Applegreen Electric (collectively, Trademarks); and (iii) other forms of intellectual property (all of the foregoing, collectively, Content).

13.2.         All intellectual property rights in the Digital Platform, Services, and Content throughout the world belong to Us (or Our licensors) and the rights in the Digital Platform, Services, and Content are licensed, not sold, to You. You have no intellectual property rights in, or to, the Digital Platform, Services, or Content other than the license set forth in Clause 7. 

13.3.  You also agree that, in using the Services and the Digital Platform, You will not use the Content except as expressly permitted in these Terms and Conditions or with Our prior express consent. Without limiting the generality of the foregoing or the remainder of these Terms and Conditions, You agree that You will not, (i) remove or obscure any Trademark, copyright, and other intellectual property rights and other notices contained in Content; (ii) use Content or otherwise take any actions in a manner that suggests an association with any of Our or Our licensors’ products, services, brands, or Content; (iii) make any modifications to the Content without Our prior express consent; (iv) copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms and Conditions or with Our prior written consent or, in the case of Content from a licensor, the owner of the Content.

14. Submissions

                         Apple may permit You to provide certain information, proposals, or materials to Us through the Services, including with respect to certain electric charging projects or programs related to automobiles, infrastructure, and other associated matters (each, a Submission(s)). You agree not to upload, post, display, or transmit any Submission(s) if such Submission(s), or any part thereof, or the act of making the Submission(s) would be considered defamatory, abusive, violative of any intellectual property or other property or proprietary rights of any third party, or unlawful in any other way. We are not responsible for screening, policing, editing, or monitoring Your or another user’s Submissions, and Applegreen Electric encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission(s). Nevertheless, if You violate these Terms and Conditions, Applegreen Electric may, in its sole discretion, take whatever action is necessary to protect Applegreen Electric’s legal or equitable rights, or otherwise enforce these Terms and Conditions. Moreover, it is a policy of Applegreen Electric to take appropriate action under applicable intellectual property laws. If You become aware of Submission(s) that violate these rules regarding acceptable behavior or content, You may contact Applegreen Electric as provided herein.

15. Permission to Use Submissions

                         By using the Services to transmit, provide, distribute, or display a Submission(s), You automatically grant Applegreen Electric Group and Our permitted successors and assigns, with or without attribution, a royalty-free, perpetual, irrevocable, non-exclusive right and license to itself or any other party to use, act upon, make, have manufactured, sell, offer for sale, import, reproduce, modify, publish, create derivative works from, distribute and display such Submission(s) (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content or information. You also acknowledge that such Submissions (in the form received or provided by You) are non-confidential for all purposes and that We owe no obligation of confidentiality, attribution, or approval, and have no control over the extent to which any idea or information may be used by any other party or person. You will receive no compensation for any Submission(s) and hereby waive any right to enforce any intellectual property or proprietary right against Applegreen Electric as a result of or on the basis of any use or exploitation of any Submission.

16. Disclaimer of Warranties

16.1.  THE SERVICES (INCLUDING WITHOUT LIMITATION THE APP, THE DIGITAL PLATFORM, THE APPLEGREEN ELECTRIC CHARGING NETWORK, AND EACH E.V. CHARGER) AND THE CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. IN ADDITION, APPLEGREEN ELECTRIC DOES NOT REPRESENT OR WARRANT THAT E.V. CHARGERS WILL PROVIDE SPECIFIED RATES OF ENERGY TRANSFER; THAT CHARGERS WILL DELIVER 100% STATE OF CHARGE; OR THAT CHARGERS WILL DELIVER ENERGY IN ACCORDANCE WITH THE SPECIFICATIONS OF MANUFACTURERS OF CHARGERS OR OF VEHICLES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE APPLEGREEN ELECTRIC GROUP, ON ITS OWN BEHALF AND ON BEHALF OF ITS RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THE APP, THE DIGITAL PLATFORM, THE APPLEGREEN ELECTRIC CHARGING NETWORK, AND EACH E.V. CHARGER) AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE APPLEGREEN ELECTRIC GROUP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES (INCLUDING WITHOUT LIMITATION THE APP, THE DIGITAL PLATFORM, THE APPLEGREEN ELECTRIC CHARGING NETWORK, AND EACH E.V. CHARGER) OR THE CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

16.2.            WITHOUT LIMITING THE FOREGOING, THE APPLEGREEN ELECTRIC GROUP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICES OR THE CONTENT; (II) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY CONTENT; (III) THAT THE DIGITAL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; OR (IV) THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS (INCLUDING BUT NOT LIMITED TO VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS).

17. Changes to the Digital Platform and Services

17.1.                    We may provide updates, improvements and enhancements to Our Digital Platform and Services from time to time which may include, among other things, updates, upgrades, bug fixes, patches and other modifications (Updates).

17.2.  Updates may modify or delete certain features and/or functionalities of the Digital Platform and Services. You agree that Applegreen Electric has no obligation to: (i) provide any Updates; or (ii) continue to provide or enable any particular functionalities and/or features of the Digital Platform to You.

17.3.  You further agree that all Updates will be: (i) deemed to constitute an integral part of the Digital Platform, and (ii) subject to these Terms and Conditions.

18. Location Data 

18.1.  We make use of transaction location data, which includes details of the Charging Location, the E.V. Charger, and socket number, to enable you to locate the nearest Charging Location and to enable Us to identify the transaction when You use an E.V. Charger. This is used by the App’s embedded utilisation of the default mapping application. If You use these Services, You consent to Us and Our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing, and use of Your transaction location data and queries to provide and improve location-based and road-traffic-based products and services. We do not retain transaction location data for longer than is necessary to perform these Services. 

19.                    Restrictions applicable to Your use of Our Services

19.1.                    You agree to comply with all applicable laws, rules, regulations, ordinances, directives, and agreements that apply to Your use of the Services. By using Our Services, You agree:

19.1.1.            not to tamper with any E.V. Charger;

19.1.2.            not to use any E.V. Charger or the E.V. Parking Space in which it is located for any purpose other than for the charging of Your Electric Vehicle;

19.1.3.            not to connect any cable, adapter, connector, switch or other interface to an E.V. Charger which is not fit for purpose and/or fully compliant with all relevant laws, regulations and specifications;

19.1.4.            not to abandon any cables used to charge an Electric Vehicle by disconnecting them from an Electric Vehicle while the other end remains locked in the E.V. Charger once charging finishes. Should this occur, We reserve the right to remove these cables from the E.V. Charger;

19.1.5.            not to use the Services in a manner which is, or which has a purpose or effect which is, harmful, unlawful, fraudulent, disruptive, which causes a nuisance or which is in connection with a criminal offense;

19.1.6.            not to act in any way which prevents, impairs or jeopardizes the operation of any E.V. Charger;

19.1.7.            not to remain connected to an E.V. Charger after Your Electric Vehicle has charged to one hundred percent (100%), subject always to any time restrictions imposed by Us limiting the period of time that You may remain at a Charging Location;

19.1.8.            to use the E.V. Chargers and the Services with care, in a responsible manner, and in a safe manner;

19.1.9.            to adhere to all instructions, notifications, and advice as issued and/or published by Us on Our Website, App, and/or at a Charging Location;

19.1.10.  not to deliberately damage, mistreat, or otherwise compromise the Services’ ability to function in any way;

19.1.11.              that You shall only use the captive charging cables tethered to an E.V. Charger or another charging cable supplied by Us;

19.1.12.  not to rent, lease, sub-license, loan, provide, or otherwise make available, the Services or the Content in any form in whole or in part to any person without prior written consent from Us;

19.1.13.            not to translate, merge, adapt, vary, alter, or modify the whole or any part of the Digital Platform nor permit the Digital Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on mobile devices as permitted in these Terms and Conditions; and

19.1.14.            not to disassemble, decompile, reverse engineer, or create derivative works based on the whole or any part of the Digital Platform nor attempt to do any such things.

19.2.  You may not use the Services or the Content:

19.2.1.             for any unlawful purpose, in any unlawful manner, in any manner inconsistent with these Terms and Conditions, or fraudulently or maliciously, for example by hacking into or inserting harmful data or malicious code, such as viruses, into the Digital Platform or any operating system;

19.2.2.             to infringe Our intellectual property rights or those of any third party in relation to Your use of the Digital Platform or the Services (to the extent that such use is not licensed by these Terms and Conditions);

19.2.3.             to transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Digital Platform or Services;

19.2.4.             to use the Digital Platform or Services in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; 

19.2.5.             to collect or harvest any information or data from the Digital Platform or Our systems or attempt to decipher any transmissions to or from the servers running the Digital Platform or any Services; 

19.2.6.  to engage in any other activities through or in connection with the Services that seek to harm or attempt to harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to the Applegreen Electric Group; 

19.2.7.            to disassemble, decompile, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify source or object code of software or any other features, products, services, or processes accessible through the Services; 

19.2.8.            to interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection, or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services or the Content; 

19.2.9.            to attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or

19.2.10.            to otherwise violate these Terms and Conditions.

19.3.  In the event You have (or become aware of) a health and safety related concern or issue with the Applegreen Electric Charging Network, You should immediately refrain from using the E.V. Charger and contact Our Customer Support Team (see Clause 4).

20. Marketing Communications

20.1.            During the registration of Your Account, We may ask Your preference in relation to receiving marketing communications from Us. You may change Your marketing preferences at any time or by following instructions in marketing communications You receive from Us. 

20.2.            Subject to Your choices with respect to promotional and/or marketing communications, We will contact You for promotional and/or marketing purposes, such as in relation to offers available in connection with Our Services or for third-party or joint promotions. 

20.3.            Text Messages. You may be given opportunities to subscribe to various text messages or text messaging programs and by doing so, You consent to receive ongoing text alerts (including by auto-dialers) from Us related to Our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of Your consent for a particular subscription is limited, then that subscription will be so limited. For each subscription, follow the instructions in the messages You receive to obtain help or to unsubscribe from messages such as by texting “HELP” for help and “STOP” to opt-out of a subscription, respectively. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out. In addition, by providing Your phone number, You consent to non-marketing administrative or transactional messages. For subscriptions to recurring text messages, the number of texts You receive monthly may vary. Alerts auto-renew unless otherwise specified when You consented. Except for purchase of premium text programs to which You subscribe for a fee, Your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that We will send mobile text messages using automated technology. If You subscribe to text messages You represent that You are eighteen (18) years of age or older, or that your parent has consented on your behalf if you are under (eighteen) 18 years of age. Standard message, data and other fees may be charged by Your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which You are responsible. Contact Your carrier for details. If We are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of Our text messages and may be contacted regarding them via Customer Support (see Clause 4 above for information).

20.4.               Email Messages. You may cancel or modify email marketing communications You receive from Us by following the instructions contained within Our promotional emails. This will not affect subsequent subscriptions; if Your unsubscribe request or opt-out is limited to certain types of emails, the unsubscribe request or opt-out will be so limited. Please note that We reserve the right to send You certain communications relating to Your Account or use of our Services, such as administrative and service announcements. These transactional Account messages may be unaffected if You choose to unsubscribe or opt-out from receiving marketing communications.

21. Device Access 

21.1. By using Our Services, You agree that We may change, alter, or modify the settings or configurations on Your device to allow for or optimize Your use of Our Services. For instance, our App may access and read accounts, data, and/or content on Your device; add content to Your device; change settings on Your device; save App images, sound files, and writing usage logs to the device; send and receive data needed for App operations; and provide You notice when You are not connected to a network. You consent to these activities by installing the App or otherwise using the Services. Your device settings may enable You to disable, change or limit some of these activities, and You can disable all activities associated with the App by uninstalling the App.

22. Third-Party Services

22.1.  Our Services may include or permit You to access content, advertisement(s), apps, platforms, or sites that are owned or controlled by third parties (Third-Party Services). This may include the ability to register or sign in to Our Services using a third-party login. Sometimes, Third-Party Services may be integrated into the Services, and other times, You may leave the Services and be directed to or visit the Third-Party Services via a hyperlink on the Services. Your use of Third-Party Services is subject to the respective third party’s terms of use and privacy policy. We are not responsible for Your access to or use of any Third-Party Services. 

22.2. Applegreen Electric has appointed Heartland as a Third-Party Service to process In-Person Payments and Adyen as a Third-Party Service to process payments on Our Digital Platform (Payment Processor). Payments are subject to the terms and conditions of the Payment Processor (where applicable).

22.3. The below provisions apply to Your use of the Services through Apple iOS.

22.3.1   To the extent that You are accessing Our Services through an Apple mobile application, You acknowledge that these Terms and Conditions are entered into between You and Applegreen Electric and, that Apple, Inc. (Apple) is not a party to these Terms and Conditions other than as third-party beneficiary as contemplated below. The license granted to You by Us under these Terms and Conditions is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Services. You acknowledge that Applegreen Electric, and not Apple, is responsible for providing the Services and Content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to You with respect to the Services. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services. Notwithstanding anything to the contrary herein, and subject to these Terms and Conditions, You acknowledge that, solely as between Apple and Applegreen Electric, Applegreen Electric—and not Apple—is responsible for addressing any claims You may have relating to the Services, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Further, You agree that if the Services, or Your possession and use of the Services, infringe on a third-party’s Intellectual Property Rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property Rights infringement claims. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions, and that, upon Your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third-party beneficiary thereof. When using the Services, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services. Your use of real-time route guidance on Our Services (if any) is at Your sole risk. Location data may not be accurate.

23. Limitation of Liability

23.1. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

23.2. THE APPLEGREEN ELECTRIC GROUP SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE APPLEGREEN ELECTRIC GROUP’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE APPLEGREEN ELECTRIC GROUP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS AND CONDITIONS OR CONNECTED WITH THE USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE USE OF E.V. CHARGERS) OR FOR ANY CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF THE APPLEGREEN ELECTRIC GROUP FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICES OR THE USE OF E.V. CHARGERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE APPLEGREEN ELECTRIC GROUP DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR TEN U.S. DOLLARS ($10 USD), WHICHEVER IS GREATER. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THESE TERMS AND CONDITIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE APPLEGREEN ELECTRIC GROUP AND YOU. THE SERVICES THAT THE APPLEGREEN ELECTRIC GROUP PROVIDES UNDER THESE TERMS AND CONDITIONS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. 

23.3. You will be liable for any damage to property, injury, or death caused by You, including any of the foregoing that are caused by Your negligence or intentional acts or omissions.

24. Class Action and Jury Trial Waivers

24.1. You and We each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and We agree to waive any right to bring or participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. 

24.2. To the fullest extent allowable by applicable law, You and We waive the right to a jury trial. 

25. Indemnification

25.1.  You agree to indemnify and hold the Applegreen Electric Group and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of: (a) Your use of the Services; (b) alleged facts that would constitute Your breach of these Terms and Conditions or violation of any law or regulation; (c) alleged facts that would constitute Your violation of any right of a third party; or (d) property damage, injury, or death caused by You. 

26. Assignment

26.1.  We may assign, delegate, or transfer Our rights and obligations under these Terms and Conditions, in whole or in part, to any party at any time without any notice. You may not assign, delegate, or transfer any rights under these Terms and Conditions without the prior written consent of Applegreen Electric.

27. No Rights for Third Parties

Except as expressly provided in these Terms and Conditions, these Terms and Conditions are for the sole benefit of You and Applegreen Electric, and do not confer any rights or remedies on any other person or entity. Notwithstanding the foregoing, the Applegreen Electric Group and indemnitees pursuant to Clause 25 may rely on and enforce these Terms and Conditions to the same extent as Applegreen Electric. 

28. Information Accuracy 

Applegreen Electric will use reasonable efforts to include accurate and current information on the Services, but there may be occasions when information on the Services contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and other matters. We reserve the right to correct any errors and to update information at any time. Prices for the Services are subject to change without notice. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of Our products or services.

29. Availability

The Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of Our control, access to the Services or different features or aspects of the Services may be interrupted or suspended from time to time and Applegreen Electric shall not be liable for such unavailability. We shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, availability and equipment needed for access or use. 

30. Investigations 

You agree that Applegreen Electric has the right, without any limitation, to: (i) investigate any suspected breaches of its Services security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and Conditions; (iii) use and/or disclose any information obtained by Us in connection with the forgoing or to comply with law enforcement requests or legal requirements in accordance with Our Privacy Policy; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and Conditions; and (vi) discontinue the Services, in whole or in part, at any time, without notice, for any reason and without any obligation to You or any third party.

31. Export Controls

Software related to or made available by the Services may be subject to export controls of the U.S.A. No software from the Services may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, You agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.

32. Severability; Interpretation

If any provision of these Terms and Conditions is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions (which will remain in full force and effect). To the extent permitted by applicable law, You agree to waive, and You hereby waive, any applicable statutory and common law right that may permit a contract to be construed against its drafter. 

33. No Waiver of Applegreen Electric’s Rights

No failure or delay by Applegreen Electric in exercising any of its rights, powers or remedies will operate as a waiver of that or any other right, power or remedy, and no waiver or modification of these Terms will be effective as to Applegreen Electric unless in writing and signed by Applegreen Electric.

34. Injunctive Relief

You acknowledge that any breach, threatened or actual, of these Terms and Conditions, including, without limitation, with respect to unauthorized use of Our proprietary rights or assets, will cause irreparable injury to Us, such injury would not be quantifiable in monetary damages, and We would not have an adequate remedy at law. You therefore agree that We shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of these Terms and Conditions. Accordingly, You hereby waive any requirement that We post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Us to enforce any provision of these Terms and Conditions.

35. Governing Law; Jurisdiction; Venue

35.1. These Terms and Conditions and any Dispute will be governed by and construed in accordance with and any Dispute the laws of the State of New York in the United States of America, without regard to its conflicts of law provisions, except that the Federal Arbitration Act governs provisions relating to arbitration and federal intellectual property laws govern provisions and Disputes relating to intellectual property. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in and serving New York County, New York, and the federal courts in the Southern District of New York, provided that nothing shall prevent the parties from initiating a proceeding relating to intellectual property rights before the applicable federal administrative agency with jurisdiction over the same.

36. Miscellaneous

36.1.  No joint venture, partnership, employment, affiliate, or agency relationship exists between You and Applegreen Electric as a result of these Terms and Conditions or Your utilization of the Services. These Terms and Conditions (including any Additional Terms) represent the entire agreement between You and Applegreen Electric with respect to use of the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Applegreen Electric with respect to the Services.