These terms and conditions apply to Hardy Barth eMobility (hereinafter referred to as the "Application") for mobile devices, which was created by eCharge Hardy Barth GmbH (hereinafter referred to as the "Service Provider") as a commercial service.

By downloading or using the Application, you agree to the following terms and conditions. It is strongly recommended that you read and understand these terms thoroughly before using the application.

In addition to these terms and conditions, the terms of the End User License Agreement (EULA) also apply. In the event of overlaps or collisions, the EULA shall take precedence over these terms and conditions.

Unauthorized copying or modification of the Application or any part of the Application is strictly prohibited. Any attempt to extract the source code of the application, translate the application into other languages or create derivative versions is not permitted. All trademarks, copyrights, database rights and other intellectual property rights relating to the Application shall remain the property of the Service Provider.

The Service Provider is committed to ensuring that the Application is as beneficial and efficient as possible. Therefore, it reserves the right to modify the Application or charge fees for its services at any time and for any reason. The Service Provider assures you that it will clearly inform you in advance of any charges for the Application or its services.

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to ensure the security of your phone and access to the Application. The Service Provider strongly advises against "jailbreaking" or "rooting" your phone, i.e. removing software restrictions and limitations on your device's official operating system. Such actions could expose your phone to malware, viruses and malicious programs, compromise your phone's security features and cause the application to malfunction or not work at all. For more information on data protection, please refer to our Privacy Policy.

Please note that the Application utilizes third party services that have their own terms and conditions. Below you will find the links to the terms and conditions of the third-party providers used by the Application:

Google Play Services (https://www.google.com/policies/privacy/)

Firebase Crashlytics (https://firebase.google.com/support/privacy/)

Some functions of the application require an active internet connection, which can be established via WLAN or via your mobile phone provider. The Service Provider cannot be held responsible if the application does not work to its full extent due to a lack of Wi-Fi access or if you have exhausted your data quota.

If you use the application outside a Wi-Fi area, please note that the contractual terms and conditions of your mobile service provider continue to apply. Consequently, you may be charged by your mobile service provider for data usage while connected to the Application or other third party charges. By using the Application, you accept responsibility for such charges, including roaming charges if you use the Application outside of your home territory (i.e. your region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the Application, you will be deemed to have obtained the bill payer's authorization.

It is your responsibility to ensure that your device remains charged. If your device runs out of battery and you can no longer access the service, the Service Provider cannot be held responsible.

Regarding the Service Provider's responsibility for your use of the Application, it is important to note that while it endeavors to keep the Application up to date and accurate, it relies on third parties to provide it with information so that it can provide it to you. The Service Provider accepts no liability for any direct or indirect loss you may suffer as a result of relying solely on these features of the Application.

The Service Provider may wish to update the Application at some point in time. The Application is currently available in accordance with the requirements for the operating system (and for additional systems to which the Service Provider wishes to extend the availability of the Application) but may change and you will need to download the updates if you wish to continue to use the Application. The Service Provider does not guarantee that it will always update the Application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to accept updates to the Application whenever they are offered to you. The Service Provider may also stop providing the Application and terminate its use at any time without notice to you. Unless the Service Provider notifies you otherwise, upon termination (a) the rights and licenses granted to you in these Terms will terminate; (b) you must stop using the Application and (if necessary) delete it from your device.

The above restrictions and limitations of liability do not apply in the event of damages resulting from injury to life, limb or health or for other damages based on an intentional or grossly negligent breach of duty or fraudulent intent on the part of the Service Provider, or for damages covered by liability under the Product Liability Act, or in the event of the assumption of guarantees or the assumption of a procurement risk or in the event of recourse claims pursuant to § 478, 479 BGB.

The contract language is German.

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr. Our e-mail address is info@echarge.de.

Changes to these terms and conditions

The Service Provider may update its terms and conditions from time to time. You are therefore advised to check this page regularly for changes. The Service Provider will notify you of any changes by posting the new terms and conditions on this page.

These terms and conditions are valid from 23.04.2024

Contact us

If you have any questions or suggestions regarding the Terms of Use, please do not hesitate to contact the Service Provider at info@echarge.de