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Terms of Use

These terms of use (the "Terms of Use") incorporate the terms and conditions of use of the instagrid Mobile Application (the "instagrid Application" or the "App") and the features made available to you ("You", "User"),by owning and using our App (hereinafter the "Services"). You may view this document at any time through the App, on the https://instagrid.co website or you may request an electronic copy of this document at any time using the contact details provided below.

The instagrid Application is made available to you by instagrid GmbHa company with registered office in Hermann-Hagenmeyer-Str. 1, Ludwigsburg, Germany. The purpose of the App is to facilitate the use of high-performance mobile batteries developed and produced by instagrid GmbH.

We recommend that you read these Terms and Conditions in full before deciding whether to accept them and proceed with the registration process.

If you do not agree with any of the provisions of the Terms and Conditions of use of the App, please do not access, browse or use the App, nor the software, services, information, materials or the like contained in the App.

If at any time after registering with the App you decide that you no longer agree to these Terms and Conditions, please uninstall the App. At the same time, if you no longer consent to the use of your personal data by the operator instagrid GmbHas a result of using the App, you may delete your account and exercise your rights under Regulation 679/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, at the email address app@instagrid.co.

BY CREATING AN ACCOUNT, YOU AGREE TO USE THE APP UNDER THE TERMS AND CONDITIONS OF USE.

The Terms and Conditions of Use of the App, as set out herein, are and shall be governed by and construed in accordance with the German law.The Terms and Conditions set out how you may use the App.

By registering with the App, you confirm that you are 18 years of age or older and that you are not prohibited from using services such as those offered by our company.

The App can be used on iOS and Android operating systems and must be downloaded from dedicated stores (Google Play Store – for Android, Huawei App Gallery – for Huawei phones without access to Google services, App Store for iOS).

How do you access our App?

User registration and identification

In order to register with our App, the User – in generally, a person who owns and / or uses and Instagrid battery – is required to provide the following mandatory information: first name, last name, email address, battery serial / registration number and location. This information is necessary in order to benefit from all the functionalities our App can offer. Failure by the User to provide the aforementioned data may result in the impossibility to use all or part of our App.

User authentication for access and use of the App

The App retains your account login details. In this regard, you agree and understand that you are responsible for maintaining the confidentiality of the login data related to your use of the App and for taking all reasonable steps to maintain their confidentiality.

By accepting these Terms and Conditions, you agree to notify us immediately, without undue delay, if you become aware of any unauthorized use of your login data. You also agree to notify us immediately, without undue delay, in the same manner of any other breach of security of which you become aware.

We reserve the right to suspend the use of your login data or your Account if we have reason to believe that their security has been compromised or that there has been an unauthorized or fraudulent use. We will notify you in advance or, if impracticable, immediately after suspending the use of your login data or Account, stating the reasons for the suspension, unless providing such information would compromise reasonable security measures or would be contrary to the law.

What can you do in our App?

Through our app you connect to instagrid batteries. By using this App, you have several options to access your battery fleet. You can find out information about the temperature of the batteries connected to the App, the charge level and battery life, the location of the battery/batteries on the map, the number of hours used, functionality level. You also use functions such as naming the battery/batteries, changing the name of the battery/batteries, removing one/several battery/batteries from the App, even adding one/several new battery/batteries.

Add a new battery

To add a new battery in our App, you have two options: either you allow us to access your device's camera, in which case you can scan the QR code of the battery, or if you do not want us to have access to your camera you can manually enter the serial number of your battery.

We allow you to update the software of the batteries in your fleet via the Bluetooth function of your device.

We offer you the best possible use of our App by providing you with a manual and User guide within the application, for the batteries in your fleet/ that you own.

Representations and warranties 

When you register to use our App, you state and represent the following:

· That you have the right, authority and full capacity to access and use the App.

· That you do not disclose your login data and password to any third party, except to persons authorized to do so, as by disclosing them you expose yourself to the of your account and services being used by others. You are solely responsible for maintaining the confidentiality and security of the data entered in our App. In addition, you are responsible for any and all activities of any kind that take place in your account.

· You agree to notify us immediately of any unauthorized use of your account or any breach of account security that you become aware of or reasonably suspect. However, notwithstanding any such notice, we will not be liable for any losses you may incur as a result of unauthorized use of your account (whether such use occurs with or without your knowledge).

· That you will not falsify or misrepresent your identity or intentions in connection with anything related to the App.

· That you will not transmit, distribute or make available any information or materials that are, in whole or in part, unlawful, false, fraudulent or otherwise inappropriate, offensive or in violation of public policy and principles of morality.

· That you will not infringe any statutory rights, property rights, intellectual property rights, privacy rights or personal data of others.

· That you will not use the content of the App to resell, distribute or use the services offered.

Termination or modification of the App

The termination of the use of our App by the User may occur in the following cases:

a) At the User's initiative, by uninstalling the App from your device.

b) At our own discretion, if it is found that the User does not comply with the rules of proper conduct or with the provisions of the Terms and Conditions, which could cause damage of any kind to the company;

Intellectual Property

The User expressly declares that he/she is aware that all the artwork, the content of the App and the materials accessed are our property. With the exception of the information, artwork belonging to other entities, which are the property of the partners. The User acknowledges that any software used in connection with the services offered in the App contains confidential and proprietary information, which is protected by intellectual property, industrial and other applicable laws.

The User undertakes not to reproduce, copy, sell or exploit, in part or in full, the services, information and/or audio-video materials to which he/she has access through the use of this App. The User is forbidden to modify, copy, rent, transfer, lend, sell, distribute or create derivative works based on the services or programs used within the App.

Personal data processing

These Terms and Conditions shall be supplemented by our company's Privacy Policy embedded in the App under the section "Privacy Policy. Information notice concerning the protection of personal data".

What we are not responsible for

You agree that the App will not be delivered error-free or uninterrupted, and that some defects may not be corrected at the time they occur. The User of the App is solely responsible for the use of the App.

Users will also be liable for any damage, direct or indirect, caused to our company intentionally or by fault (negligence or recklessness) of the User or persons for which he/she is responsible, including the Account Holder User, or as a result of fraudulent use of the App.

The User has been informed and accepts that no liability whatsoever may be accepted by our company, under any circumstances, for direct or consequential loss suffered by the User as a result of the malfunction or improper operation of the App.

The User could resell the battery. In this case, in order to delete his personal data history from the application, the User has the obligation to notify the transfer of ownership of the battery. If such notification is not made, the User assumes the possibility of accessing his history by the new User owner of the application / non-owner user who owns / uses the battery through the application.

Governing law

In the event of a dispute/disagreement arising out of or in connection with the use of the App, we will attempt to resolve such dispute amicably by negotiation in good faith. All disputes shall be settled by the competent courts of Germany, unless the legislation in force provides for another exclusive jurisdiction for you.

Support

If you have any problem with the functioning of the App, you can contact us at the email address app@instagrid.co.