Wevo Energy End-User License Agreement (EULA)

(Last modified: January 20, 2025)

Please read this End-User License Agreement (“Agreement“) carefully before downloading or using the Wevo Energy mobile application (collectively with any updates or upgrades the “Wevo App”) made available through the Application, owned, developed and operated by Wevo Energy Ltd.,  a wholly owned subsidiary of Solaredge Technologies Ltd (Wevo Energy Ltd including its affiliates and subsidiaries, as listed under the Wevo Contracting Company herein, shall be collectively referred to as the “Wevo”, “Company”, “we“, “us” or “our”).

The Wevo App is offered as part of Wevo’s electric vehicle chargers’ usage and management solution, used by our third-party customers, managing, operating or the owners of public or private EV charging stations (“Business Partners”), to be used by our Business Partners’ end users.

This Agreement governs the download, access and use of the Wevo App and its functionalities by any end-user (collectively “user” or “you”).

This Agreement further incorporates, and should be read in conjunction with, our Privacy Policy available at: https://wevo.energy/privacy-policy/, which constitutes an integral part thereof. Each of the Company and user shall be further referred to herein as a “party” and collectively the “parties”.

Please note that this Agreement governs solely the use of the Wevo App and its functionalities and does not apply to any products or services you obtain under your (or our) engagement with the Business Partner, including charging payments and processing, billing, and any services related to the charging stations (“Business Partner Services”). It further does not apply to services we provide directly to you under the Business Partner Services (such as customer support). Your use of such Business Partner Services is subject to the terms of any agreements or arrangements between you and the Business Partner, and our provisions of services, including as part of this Wevo App, is further subject to our agreements with the Business Partner. We do not control or monitor any arrangement you have with the Business Partner, we are not a party to such engagement, and we are not liable or responsible to any Business Partner Services.

• Acknowledgment & Acceptance of the Agreement

THIS AGREEMENT, IS A LEGAL BINDING AND ENFORCEABLE CONTRACT BETWEEN YOU AND THE APPLICABLE WEVO CONTRACTING COMPANY (DEPENDING ON YOUR JURISDICTION, AS DEFINED UNDER SECTION 16 BELOW). BY DOWNLOADING OR USING THE WEVO APP AND CLICKING ACCEPT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE THE WEVO APP OR MUST UNINSTALL IT WHERE APPLICABLE.

You further warrant that you are eligible and of legal competence to enter into this Agreement and you are not prohibited by law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into this Agreement including the authority to bind such corporation to this Agreement (in such case, the term “user” and “you” will refer to such corporation).

• Use of the Wevo App & Use Restrictions

You may only use the Wevo App under the account created, designated or other authorization provided to you by the Business Partner you have engaged with, and you may download the Wevo App only on a device that you own, control or explicitly authorized to. You hereby represent and warrant you will provide accurate and complete information. It is your responsibility to ensure the password you use or create to access your account is of sufficient strength that cannot be reasonably discovered by third parties and for maintaining the confidentiality of your password, including to log-out of the Wevo App at the end of each use or session. You agree to immediately notify us and the Business Partner of any unauthorized use of your account or any other breach of security regarding your account. Wevo will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to secure access to the Wevo App and your account.

Subject to the terms of this Agreement and your compliance with your obligations and restrictions herein, Wevo grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Wevo App strictly in accordance with the terms of this Agreement and solely for your personal, non-commercial purposes under the provisions of the Business Partner Services. This Agreement confers no title or ownership and is not a sale of any rights in the Wevo App. All rights not expressly granted to you are reserved by the Company and its licensors.

You agree not to, and you will not permit others (except and then solely to the extent required to be permitted under applicable law), to: (i) sublicense, sell, rent, lease, assign, distribute, transfer any right, or otherwise commercially exploit the Wevo App or make the Wevo App available to any third party; (ii) use the Wevo App in any illegal manner or for any purpose other than as permitted under this Agreement; (iii) modify, copy, make derivative works of, disassemble, decrypt, adapt, reverse compile or reverse engineer any part of the Wevo App, or any content made available therein, including text, images, logos, drawings, design, descriptions, software, code, links, data, graphics and other features provided therein (“Content”); (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or licensors; (v) use, access or attempt to access the Wevo App in connection with any automated means, or introduce viruses, worms, Trojan horses, or harmful code to the Wevo App; (vi) attempt to probe, scan or test the vulnerability of the Wevo App to breach security or authentication measures, circumvent, disable or otherwise interfere with security-related features or other digital-rights-management features of the Wevo App.

You may not use the Wevo App if you are located in a country which is subject to Israel, UK, EU, or US sanctions or embargo, or otherwise sanction or embargo list in your territory, and which impact the Wevo App or the use of similar services, or which has been designated a “terrorist supporting country”, or if  you are listed on any UK, EU, or US sanctions list or list of prohibited or restricted persons in your territory. 

• Intellectual Property

The Wevo App and the Content, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company. Except for the limited rights to use the Wevo App expressly granted under this Agreement, we retain all right, title ownership and interest in and to the Wevo App and Content to the fullest extent possible under applicable law.

If you voluntarily provide us with any feedback, comments, ideas, improvements or suggestions (“Feedback”),  you grant us with perpetual, irrevocable, royalty free right  to use such Feedback, for any purpose, without limitation to further develop, customize and improve our Wevo App without any compensation or credit to you, and you hereby explicitly waive any claim of ownership or rights, including moral rights, regarding such Feedback or its use. We will not use such Feedback in a manner that can identify you without obtaining your prior approval.

• Third-Party Services and Interactive Charging Station App

The App may include services (including data, information, applications, links and other products services) provided by a third-party other than the Company that may be displayed, included or made available by the Wevo App (collectively with the Business Partner Services shall be referred to as “Third-Party Services”). Such third parties will be identified as the operators of the Third-Party Services. Third Party Services are provided solely as a convenience to you and your access and use them entirely at your own risk. Third-Party Services are subject to such third parties’ own terms and policies, and you need to ensure such are acceptable by you and that you comply with the applicable terms. To the maximum extent permitted by law, the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, compliance, legality, quality or any other aspect thereof.

Without derogating from the above, the Wevo App may include interactive map that displays certain information about charging stations operated by third parties including Business Partners. This information may include location, approximate real-time availability, etc. Such information is provided by Wevo as-is, as provided by the applicable third parties or Business Partners and is not verified by Wevo. Wevo does not warrant or guarantee that the information displayed will be accurate or that any such information will be made available at any time.

Please note that your use of such interactive map may require certain app permissions (such as location). In addition, for the purpose of this interactive map, we may use third party services such as the Google Maps platform, and for such use, the third-party platforms, including where applicable Google Maps platform, may be opened from a link or other integration in the Wevo App and shall be subject to such platforms terms and policies, which we encourage you to review. Google Maps  terms are available at https://maps.google.com/help/terms_maps.html and Google Privacy Policy is available at https://policies.google.com/privacy.

• Updates and Modifications to the Wevo App

The Company reserves the right to update, modify, add or remove features and functionalities of the Wevo App, as well as suspend or discontinue, temporarily or permanently, the Wevo App or any part thereof. Where we make material modifications, or otherwise suspend or discontinue the operation of the Wevo, and where reasonably feasible, we will provide a prior notice.  The Company may further, from time-to-time, issue upgraded versions of the Wevo App, and may automatically electronically upgrade the version of the Wevo App that you are using on your device. You consent to such automatic upgrading on your mobile device. 

You acknowledge that Wevo App you use, and its features, are further subject to our engagement with the Business Partner and thus, the Business Partner you have engaged with determines the scope of services, including if any updates, upgrades or support will be provided.

All updates or any other modifications will be deemed to constitute an integral part of the Wevo App, and subject to the terms and conditions of this Agreement.

• Privacy & Data Protection

When you download and use the Wevo App, Wevo will collect, store and use certain information regarding you and your use of the Wevo App. Wevo will use and process personal data included in the aforesaid information collected through your use of the Wevo App in accordance with our Privacy Policy available at: https://wevo.energy/privacy-policy/, as may be updated from time to time. Please note that information we collect regarding your use of the Business Partner Services, is collected and processed on behalf of the Business Partner you have engaged with, and subject to its privacy policies and practices.

• Suspension, Term and Termination

This Agreement shall remain in effect until terminated by you or the Company.

You may terminate this Agreement by ceasing you use of the Wevo App and uninstall it at any time, without notice and for any or no reason.

The Company may, at any time, suspend, limit or terminate your use of the Wevo App (temporarily or permanently) and this Agreement. We may do so, in our sole discretion: (i) subject to our rights under the Business Partner engagement or upon termination of such engagement; (ii) in the event we reasonably determined you are in breach of this Agreement, in a fraudulent matter or breach of applicable laws, or may cause us, you or any third party with potential damage or fault (for example due to security threats, or where we suspected your credentials were compromised, etc.); (iii) if we are updating or conducting maintenance or other repairs that affect our Wevo App, if it is needed in order to comply with our legal  obligations; (iv) if we are prevented from providing the Wevo App for any reason beyond our reasonable control; (v) if we decide to cease the operation of the Wevo App in your territory or in general or otherwise decide to change our business operation.

We will endeavor to provide advance notice of any suspension or termination but, unless required under applicable laws, we are not obligated to provide such notice. We might be further prevented from providing such notice if we reasonably determine it may cause us damage or apply liability.

You may contact us, or, as applicable, the Business Partner, to request the removal of suspension or reactivation of your account. We will remove your suspension if we reasonably determine the cause was removed or cured, however, we have no obligation to you to do so.

You or the Company will not be liable to the other party for any termination or suspension as set forth above. 

Upon termination of this Agreement or your engagement with the Business Partner, you shall cease all use of the Wevo App and uninstall the Wevo App from your device.

Please note that deleting the Wevo App from your device does not completely terminate your engagement with us or the Business Partner, as such engagement may be subject to other agreements governing the use of the Business Partner Services.

Any provisions under this Agreement which are intended by their nature to survive termination or expiration of this Agreement, shall survive termination.

• Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY STATED UNDER THIS EULA, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEVO APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ADDITIONAL WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES NOT PROVIDED UNDER THIS EULA, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEVO APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEVO APP WILL MEET YOUR EXPECTATIONS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DEVICE OR SERVICES (INCLUDING CHARGING STATIONS), OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE STANDARDS, BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THE WEVO APP AND ANY INFORMATION TRANSMITTED WILL BE SECURED OR FREE FROM VIRUS AND OTHER HARMFUL COMPONENTS. WITHOUT DEROGATING FROM ANY OTHER DISCLAIMER OF WARRANTIES UNDER THIS AGREEMENT, THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY RELATED TO THIRD PARTY SERVICES.

YOU FURTHER UNDERSTAND AND AGREE THAT THE WEVO APP IS NOT INTENDED AS A STORAGE REPOSITORY OF ANY DATA OR INFORMATION AND ANY DATA OR INFORMATION COLLECTED THROUGH YOUR USE OF THE WEVO APP OR MADE AVAILABLE THROUGH THE WEVO APP IS SUBJECT TO DELETION, ACCORDING TO OUR INTERNAL POLICIES AND AGREEMENT WITH THE BUSINESS PARTNER. THEREFORE, WEVO HAS NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OF YOUR DATA OR INFORMATION, TO THE MAXIMUM EXTENT THAT MAY BE PERMITTED UNDER APPLICABLE LAW. YOU SHOULD ENSURE YOU BACKUP ALL YOUR DATA OR OTHERWISE CONTACT YOUR BUSINESS PARTNER TO RECEIVE ANY SUCH DATA.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS OF APPLICABLE STATUTORY RIGHTS OF A CONSUMER, AND ACCORDINGLY, DEPENDING ON YOUR JURISDICTION, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND NOTHING IN THIS SECTION WILL AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE LEGISLATION, INCLUDING CONSUMER PROTECTION LAWS. IN SUCH EVENTS THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

• Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

WE SHALL HAVE NO LIABILITY TO YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEVO APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE AND FOR ANY LOSS OR DAMAGE ARISED FROM: (I) YOUR USE OF THIRD PARTY SERVICES; (II) YOUR BREACH OF THIS AGREEMENT, APPLICABLE LAWS, UNLAWFUL OR FRAUDULENT ACT OR OMISSION; (III) DUE TO CIRCUMSTANCES BEYOND OUR CONTROL OR OUR NEED TO COMPLY WITH LEGAL REQUIREMENTS; (IV)  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEVO APP; (V) RELATES TO ANY OTHER CAUSE (REGARDLESS OF THE FORM OF ACTION OR TIMING), WHICH ARISES FROM OR RELATES TO ANY SERVICES WE HAVE PROVIDED OR DID NOT PROVIDED UNDER THE INSTRUCTIONS OF OUR BUSINESS PARTNER; (VI)  ANY UNAVAILABILITY OF THE WEVO APP OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEVO APP OR ACCESSED WHILE OTHERWISE USING THE WEVO APP.  

IN NO EVENT SHALL WEVO, ITS AFFILIATES, ITS LICENSORS, OR ITS THIRD-PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEVO APP OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT.

NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT, SHOULD A COURT OF COMPETENT JURISDICTION FIND US LIABLE TO YOU IN RELATION TO YOUR USE OF THE WEVO APP OR UNDER THIS AGREEMENT, THEN WE WILL ONLY BE LIABLE TO YOU FOR DIRECT LOSS THAT WE COULD HAVE REASONABLY BE EXPECTED TO FORESEE, AT THE TIME OF ENTERING THIS AGREEMENT, AND OUR MAXIMUM LIABILITY IS LIMITED TO THE REVENUES PAID BY BUSINESS PARTNER TO WEVO FROM THE USE OF THE WEVO APP BY YOU DURING ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, IN THE AGGREGATE. 

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OUR LIABILITY FOR DAMAGES CAUSED BY OUR WILLFUL MISCONDUCT, FRAUD OR FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE (EXCEPT IN CASES WHERE APPLICABLE PERMITS GROSS NEGLIGENCE TO BE SUBJECT TO THE LIABILITY CAP SET FORTH ABOVE) IN CONNECTION WITH THE WEVO APP NOR EXCLUDE WEVO’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR FAULT OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW. NOTHING IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS UNDER APPLICABLE LAWS OR LIMIT ANY REMEDIES WHICH ARE AVAILABLE TO YOU BY LAW AND CANNOT BE EXCLUDED.

• Application Store Policies and Disclaimer of Warranties or Liabilities

You hereby acknowledge that this Agreement is concluded between you and the Wevo Contracting Entity (as defined below in Section‎(16)) and not with the operator of the application store from which you are downloading our Wevo App (i.e., Apple App Store or Google Play, hereinafter “Application Store”). The Application Store may have additional rules, terms and policies which also govern your download of the Wevo App to your device and you are further responsible to review and comply with such terms and policies.

If you use the iOS Wevo App, you acknowledge the following: (i) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Wevo App;  (ii) in the event of any failure of the Wevo App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Wevo App, where applicable; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Wevo App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Wevo sole responsibility (subject to the provisions of this Agreement); (iii) Wevo, and not Apple, are responsible for addressing any claims of users or any third party relating to the Wevo App or the end-user’s possession and/or use of that Wevo App including, but not limited to product liability claims; any claim that the Wevo App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation; (iv)  in the event of any third party claim that the Wevo App or the user’s possession and use of the Wevo App infringes that third party’s intellectual property rights, Wevo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (subject to the terms of this Agreement). You further acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the user as a third-party beneficiary thereof.

• Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

• Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

• Changes to this Agreement

To the maximum extent permitted by law, the Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time.  If there are any significant changes that materially affect your rights or relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a prominent notice on the Wevo App, prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Wevo App after any revisions become effective, you agree to be bound by the revised Agreement. Where required under applicable laws, we will obtain your consent to the revised Agreement. If You do not agree to the revised Agreement or any part thereof, you will cease use of the Wevo App and uninstall it from your device.

• Wevo Contracting Entity

The applicable Company entity with which you are engaged with under this Agreement, is based on your jurisdiction, as identified in the table below (“Wevo Contracting Company”). 

• Governing Law & Governing Courts

For the purpose herein, “Governing Laws” and “Governing Courts” shall mean, for each Wevo Contracting Party, the laws and courts set forth in the table under Section 16 above.

The Governing Laws applicable to you as detailed under Section 16, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and the Company. Nothing in this section excludes or purports to exclude the application of your rights under consumer protection laws outlined in the applicable legislation of your country of residence, which cannot be excluded or overridden.

Any dispute or claim relating in any way to your use of the Wevo App or this Agreement, will be adjudicated in the Governing Courts applicable to you as detailed under Section 16, and you consent to exclusive jurisdiction and venue in the Governing Courts.

• Entire Agreement

The Agreement constitutes the entire agreement between you and the Wevo Contracting Company regarding your use of the Wevo App and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase other Company’s services, which the Company will provide to you at the time of such use or purchase.

• Contact Us

If you have any questions about this Agreement or any complaints or claims regarding the Wevo App, please contact us by email at: info@wevo.energy