Monta ApS

Strandboulevarden 122, 2100 Copenhagen, Denmark

info@monta.com

Company registration number: 41668385

1. General

These Terms of Use (the "Agreement") are entered into between the entity/person using or accessing the Services (the "User" or "You") and Monta ApS ("Monta" or "we"), collectively referred to as the "Parties" or each a "Party".

This Agreement together with the Monta Privacy Policy govern your use of the services operated by Monta ("Services").

Services may include, but are not limited to, mobile applications and/or websites operated by Monta under its own brand and/or under its partners' brands. These Services include all features and functionalities, including but not limited to websites, user portals, mobile applications, content and user interfaces, associated with Monta's platform for electric car drivers and charge point operators, where users can manage and find charge points to start and pay for charging processes of electric vehicles.

2. Acceptance

By registering for the Services and accepting this Agreement you enter into an agreement with Monta which allows you to use the Services.

All transactions that are part of the Services including, but not limited to, initiating charging sessions as well as ordering and using RFID cards, are governed by such agreement. Registration without explicit acceptance of this Agreement is not possible.

When you make an order for the charging of an electric vehicle through the Services, Monta acts as an agent on behalf of the Operator to conclude your order and to manage your experience throughout the order process. If during this process Monta has received an amount payable by a User to an Operator, such payment shall discharge the User of any payment obligation towards the Operator. Monta is not liable and does not take any responsibility for the provision of the charging of electric vehicles by users.

3. Prices

For consumers, all applicable prices are listed inclusive of VAT. For businesses, applicable prices are exclusive of VAT or unless otherwise stated. All prices are indicated on the Services before the start of a charging process or any other transaction is initiated.

Monta is free for personal use, but may charge for certain Services, such as transaction fees for facilitating sharing of charge points to other users.

For enterprises, business entities and other partners, Services may be subject to monthly subscription plans and usage fees as agreed.

Monta also sells physical goods, such as but not limited to RFID cards, QR stickers and SIM cards on the Monta Shop, where the prices will be clearly stated before purchase.

Before the charging process, the price will be clearly displayed as fees per kWh of consumed energy, parking fees for time of parking at the charging station, and if applicable charging session starting fees and fees for time of charging. There may also be fees if the User decides to reserve a charging station, and if they do not show up, or overstay. You acknowledge that the final and payable price of the charging service is directly dependent on use, for example on the amount of consumed energy, and is therefore not always automatically provided before the start of the charging process.

The User may transfer their desired amount of money to their customer account ("Wallet") to be used to pay for charging processes. The User may choose to transfer money to their Wallet either manually or automatically when the balance goes below a certain amount. The User may also withdraw their balance from their Wallet. After each charging transaction, the amount corresponding to the transaction is charged from the Wallet. Monta shall deliver a receipt of the use of the charging Service, including each charging transaction executed. The User must see to it that the Wallet has sufficient balance for the charging transaction.

Other payment methods include debit/credit card and invoices.

4. Billing

Monta may charge you via a variety of payment methods, such as your Wallet, debit/credit card and/or invoices.

Invoices may be sent by Monta via mail or email, and is also accessible in your Monta user account. Full payment for invoices issued must be received by Monta fifteen (15) days after the issue date of the invoice, unless otherwise stated. The due date will be stated on the invoice. Unpaid amounts are subject to a charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Services.

Monta may suspend access to the Services, with immediate effect, if the User fails to pay any fees invoiced by Monta pursuant to this Agreement. Suspension will not relieve the User of its obligation to pay such invoices or any other fees payable to Monta for the relevant Services.

5. Obligations

You will cooperate with Monta by providing such information and materials as Monta may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.

It is your responsibility to ensure that the registered payment method is valid, that it has a sufficient balance and is not blocked. In the event that debiting is not possible, Monta reserves the right to temporarily suspend your access to the Services or part of it until the overdue balance is fully paid. Monta has the right to seek payment from you by other means, such as by sending a separate invoice for your use of the Services.

You are responsible for complying with the specific parking restrictions and regulations at the charging station (such as written instructions shown at the charging station or the instructions given by the personnel of the charging station operators).

You shall use the charging station correctly and in accordance with the provided instructions and ensure that the charging station is suitable for the vehicle to be charged. If the charging station is damaged or defective, the User should inform Monta.

You must take due care to protect your Monta account against misuse by others and promptly notify Monta about any detected misuse. You are responsible for keeping your account secure and not granting access to your account to others.

You are obligated to immediately notify Monta if you believe that your account or the charging key has been used by an unauthorized person or in an unauthorized manner. Monta may then block your access to the Services.

In the event of the loss of your charging key or the mobile phone on which the application operated by Monta has been installed, you shall immediately notify Monta. Monta may then block your access to the Services. If you do not give such notification and the charging key or the mobile phone in question remains in illegitimate use, Monta reserves the right to claim incurred losses as a damage from you in accordance with applicable law. For the sake of clarity, this clause does not constitute additional claims for damages against you as a consumer.

You are solely responsible for ensuring that you comply with all applicable regulations, laws, or conventions before using the Services.

Unless explicitly granted to You in writing by Monta, You must not (and must not allow any third party to) directly or indirectly: I. Rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Services to a third party; II. Modify or create a derivative work of the Monta Services or any portion of it; III. Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Services, except to the extent expressly permitted by applicable law and then only with advance notice in writing to Monta; IV. Break or circumvent any security measures of the Services, or configure the Services to avoid incurring fees or in any way disrupt the integrity, performance or security of the Services; V. Access the Services for the purpose of building a competitive product or service or copying its features or user interfaces; VI. Use or permit the Services to be used for any illegal or misleading purpose, or any manner inconsistent with this Agreement; VII. Collect, use, and disclose data that violates any third-party rights, including privacy, publicity rights and intellectual property rights, ("Intellectual Property Rights" meaning all intellectual property rights globally, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (including but not limited to any and all copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs).

You agree that Monta retains all rights, title and interest (including all Intellectual Property Rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed Monta's confidential information) and that Monta reserves any licenses not specifically granted in this Agreement. You acknowledge and agree that you have no right to obtain a copy of the software behind any of the Services and that Monta has sole discretion to make updates, bug fixes, modifications or improvements to the Services from time to time. Monta reserves the right to change or remove features of the Services from time to time.

6. Consumers

Withdrawal and returns of Products: You have the right to withdraw from the Agreement within fourteen (14) days from the day on which you, or a third party indicated by you, acquire possession of a physical good purchased from Monta (a “Product”). You must inform Monta of the decision to withdraw from the Agreement by another unequivocal statement of your intention to withdraw from the contract (such as an email to info@monta.com). If you wish to withdraw from the Agreement, you have to return or hand over the Products to Monta without undue delay, and in any event no later than (14) days from the day on which the withdrawal is communicated to Monta. You shall return the Products to Monta at your own cost and in accordance with Monta’s instructions. Monta undertakes to refund all payments received, except for extraordinary delivery costs decided by you, without undue delay and in any event no later than 14 days from the day on which Monta receives the returned Products. The reimbursement will be carried out using the same means of payment as used for the initial transaction, unless you and Monta expressly have agreed otherwise. You are liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product. You are furthermore liable for any reduction in value for which the Products can be resold.

Charging services: The right of withdrawal ceases from the time a purchase of a service/a charging session has been completed. If, in connection with the purchase of charging services, you have requested that the charging supply commences before the expiry of the cancellation period, and you still wish to cancel, you must be aware that we will charge a reasonable payment for the part of the service that was already delivered at the time of cancellation. When such service has been completed, the right of withdrawal ceases.

Defects: The Danish Sale of Goods Act applies to any defects to the delivered Products. If you wish to file a complaint about a defect or other matters regarding the Products please contact us using the e-mail info@monta.com.

Dispute resolution: Any claim under Danish law may be brought before the Danish Consumer Complaints Board or the Danish Center for Complaints Resolution, which can be accessed on the website of the Center for Klageløsning og Forbrugerklagenævnet (naevneneshus.dk). An alternative dispute resolution procedure is also offered by the European Commission to citizens of EU and EEA member states through their platform for Online Dispute Resolution. If you are not satisfied with the outcome of this procedure, you can still bring ordinary legal proceedings.

Monta referrals and promo codes: Credits received in your Wallet from referrals or promotion codes may only be used for purchases by use of the Services and cannot be withdrawn. Referrals and promo codes may only be shared with potential real persons who are not existing Monta users. Any violation hereof will result in such credits being annulled. Unused credits are automatically without notice removed from your account 6 months from the date they were received.

Wallet: Funds on your Wallet may be used only to pay for charging services. You may only place amounts in your Wallet within the limit of what is required for your own charging needs and use of Monta's services. By using the Wallet for a transaction, you verify that you are the authentic user. If you become aware of any misuse, you are required to immediately report this to us and we may then block access to the Services.

7. Liability

The use of the Services is the sole responsibility of the User. The Services are supplied "as is" and may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Agreement.

Nothing in this Agreement shall operate so as to exclude or limit either party's liability to the other for death or personal physical injury arising out of negligence, fraud or fraudulent misrepresentation.

Monta (or its affiliates, licensors and suppliers) shall not be liable concerning any subject matter arising from or related to this Agreement, the Services or any of the websites operated by Monta or regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for; (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); (iii) any matter beyond its reasonable control; and (iv) any indirect, incidental or consequential loss or damage whatsoever; or (v) damages in the aggregate for all claims in excess of amounts paid to Monta by the User (hereunder during the 12-month period preceding the date on which the first claim arose), even if Monta has been advised of the possibility of such damages. These limitations are independent from all other provisions of this Agreement and shall apply notwithstanding the failure of any remedy provided herein.

8. Force Majeure

Neither party will be liable for any delay or failure to perform its obligation under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.

9. Termination

This Agreement may be terminated by either party without notice at any time for any reason. After termination, you will no longer have access to the Services.

All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. Thus the termination does not affect existing claims with respect to the charging processes that have previously taken place, including the obligation to pay for all charging sessions you initiated before the termination.

10. Data Protection

Monta or commissioned service providers collect, process and use data pertaining to you for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (EU/2016/679), known as GDPR, and other applicable national data protection legislation.

Unique identification number that is used to identify you, your vehicle, personal details and transactional details may be transferred to the operator of the charging station for the purpose of activating the charging stations, solving potential issues regarding the charging service and invoicing. Personal details, contact details and transactional details may also be transferred to the partners of Monta for the purpose of invoicing and customer service.

Monta may use non-personal data collected in the provision of the Services in order to (i) improve the Services and its other products and services, and (ii) share statistical information with its partners.

For further information, please see our Privacy Policy.

11. Waiver

Monta's decision not to enforce or exercise any provision of the Agreement is not a waiver of that provision.

12. Assignment

The User is not entitled to transfer any rights or obligations under the Agreement to any third party without the prior written consent from Monta.

13. Severability

Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

14. Governing Law and Jurisdiction

This Agreement is subject to the laws of Denmark.

If any dispute arising out of or in connection with this Agreement were to be litigated, such dispute shall be settled by the City Court of Copenhagen as sole proper venue.

15. Changes to these Terms of Use

This Agreement was last updated on 9 June 2022.

Monta reserves the right in its sole discretion, to modify, update, or otherwise revise the Terms of Use at any time. Such revisions shall be effective immediately upon posting updates to the Terms of Use on this webpage. Monta will notify you of any material changes to the terms. By using the Services after Monta has posted any modification, updates, or revisions, the User agrees to be bound by such revised Terms of Use. If any modification, update, or other change to these Terms of Use are not acceptable to you, then you have the right to terminate this Agreement provided you immediately terminate your use or access to the Services.