User Agreement

Shanghai Zhuangyian New Energy Technology Co., Ltd. ("Zhuangyian", "we", "our" or "us"), as the developer and operator of the this app and digital service platform, hereby reminds you to carefully read and fully understand the User Agreement (this "Agreement").
Please read carefully and choose to accept or not accept this Agreement (a minor should be accompanied by his/her legal guardian while reading this Agreement). By downloading, installing and using the app and portal, as well as obtaining and logging into your account, you agree to accept this Agreement and to be fully bound by its terms.
Zhuangyian reserves the right to amend this Agreement. Updated terms of this Agreement will be published on the official website or the app, and become effective from the date of publication. You can re-download and install the app or view the latest version of the terms of this Agreement on the website. If Zhuangyian amends the terms of this Agreement, your continued use of the app will be deemed acceptance of the amended terms and constitute binding agreement between you and Zhuangyian.
1 SCOPE OF USER AGREEMENT
1.1. Zhuangyian grants you a personal, non-transferable and non-exclusive license to use the app without the right to sublicense.
1.2. You can install, use, display and run the app on a single terminal device for non-commercial purposes. However, you shall not install, use or run the app and portal for commercial operation purposes. You shall not copy, alter or modify any data of the app and portal, or any data released to the memory of any terminal device during the running of the app and portal and the interactive data generated between the client and the server during the running of the app and portal, or create any derivative work in any form, including but not limited to plug-ins, access to the app and portal and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute the app and portal commercially, e.g.software pre-installation and bundling, you must obtain the written authorization and license from Zhuangyian.
1.3. Without the permission of Zhuangyian, you shall not install the app and portal on other terminal devices that are not expressly permitted by Zhuangyian, including but not limited to set-top boxes, game consoles, televisions, DVD players and so on.
1.4. You may make a copy of the app and portal for the purpose of using the app and portal and services, but it shall be used only as a backup. The backup copy must contain all the copyright information contained in the original software.
1.5. Except as expressly authorized by this Agreement, Zhuangyian does not grant other rights to you. If you intend to use any other right, the written consent from Zhuangyian shall be obtained in advance.
2 SOFTWARE ACQUISITION, INSTALLATION AND UPGRADING
2.1. You shall download and install the app and portal from the website or in the manner designated by Zhuangyian. Be aware not to download the app and portal on unspecified websites, so as to prevent mobile devices from infecting malicious programs that can destroy user data and acquire user privacy information. If you acquire the app and portal or the installation program with the same name as the app and portal from a third party that has not been authorized by Zhuangyian, Zhuangyian cannot guarantee it will be used normally and Zhuangyian accepts no liability for any loss thereby caused to you.
2.2. You must select the app and portal version that matches the terminal device installed. Otherwise, any app and portal problems, device problems or damages resulting from mismatch between the app and portal version and the device model shall be solely assumed by you.
2.3. In order to improve User experience and optimize service content, Zhuangyian reserves the right to provide replaced, modified and upgraded version of the app and portal, and also reserves the right to charge for such replacement, modification or upgrading, but will obtain your consent in advance for such charges. The app and portal will enable "upgrade prompt" feature by default for you. Depending on the app and portal version used by you, Zhuangyian provides you with the discretion to or not to enable the said feature. After the new version of the app and portal is released, Zhuangyian does not guarantee that older versions of the app and portal will continue to be usable.
3 SERVICES WE PROVIDED
To use the app and portal, you (Partner or users of the product) must create an account in the app or portal. To be able to create an account, you need to fill in an email address and other information.
By using the app and portal, you get an overview of, and the opportunity to control how you use Products. Zhuangyian allows you to make use of services that may enable features such as:
- Configure and install your charging device.
- Set access to your charging device.
- Start and stop charging.
- See charging status.
- Set charging current.
- Monitor electricity usage and dynamically adjust charging current to protect the main fuse.
- Schedule charging and charge with solar surplus.
- One tap to share your charger with your family, friends and neighbors.
- Categorize charging sessions and export charging records via email.
- Provide insight and visualization of the charging usage and carbon footprint.
4 YOUR RIGHTS
4.1 Access right
You have the right to know whether we are processing your personal data information, and if so, you have the right to know what your personal data information is held by us and how it is used and with whom it is shared. You have the right to appeal to the data watchdog.
4.2 Right of correction
You have the right to require us to correct your personal data information without undue delay, and you have the right to make incomplete personal data complete, including by providing supplementary instructions.
4.3 Erasure right
You have the right to ask us to delete your personal data information, and we have the obligation to delete your personal data information without undue delay under one of the following reasons:
4.3.1 Personal data is not necessary for the purposes for which it is collected or otherwise processed
4.3.2 Personal data is processed illegally
4.4 Limit the right to dispose
In one of the following situations, you have the right to request restrictions on our data processing:
4.4.1 You dispute the accuracy of your personal data and allow us to verify the accuracy of your personal data within a certain period.
4.4.2 The processing is illegal and you object to the data processing and request that the use of the personal data be restricted.
4.4.3 We no longer need the personal data for such processing purposes, but you do need the personal data for establishing, exercising or defending your legal rights.
4.5 Right of objection
You have the right to object to our handling of your personal data and we will consider your request. Please provide us with your reasons for objecting to processing so that we can assess whether we have a compelling legal interest in continuing to process the data or whether we need to continue to process the data for legitimate claims.
5 YOUR PROMISE
5.1 You will cooperate with us by providing such information and materials as we may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
5.2 You yourself are responsible for ensuring that the information you provide to us is up-to-date and correct. You are also responsible for ensuring that passwords and login details are handled securely. 
5.3 You understand and agree that:
5.3.1 Zhuangyian will directly delete any information suspected of being unlawful or infringing on the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed software;
5.3.2 You shall indemnify and hold harmless Zhuangyian from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation and evidence collection costs, incurred or suffered by Zhuangyian resulting from your violation of relevant laws or breach of this Agreement.
5.4 You acknowledge and agree that Zhuangyian have the right, at our sole discretion, to delete, modify or reject any content you submit, post or display on the EVWB app and portal that we believe is illegal and violates the terms of this Agreement and may make us liable.
6 PRIVACY POLICY AND DATA PROTECTION
6.1 It is important for Zhuangyian to protect your personal data. In order to provide the app and portal features and improve your experience, Zhuangyian will collect certain types of data as written in our Privacy Policy. We collect, use and protect your data in accordance with our Privacy Policy. The Privacy Policy is available on the following website https://www.evwallbox.com/policy.
6.2 In order to provide you with the services of app and portal, we shall process your personal data in the following ways, including: collection, recording, organization, construction, storage, modification, retrieval, consultation, use, disclosure, dissemination or other utilization, arrangement, combination, restriction, deletion or destruction, whether by automated means or not.
6.3 We use reasonable technical measures to protect your personal data information collected. We also take a number of steps to prevent security breaches and unauthorized access to personal data.
6.4 In the event that the products and services stop operation, we will take reasonable measures to protect the security of your user information, including timely stopping the activities of continuing to collect your user information; Notice of cessation of operations will be sent to you one by one or in the form of an announcement; And hold your personal information to delete or anonymous processing.
6.5 When personal data leakage is likely to cause danger to your rights and freedoms, we will notify you of personal data information leakage without undue delay.
7 FORCE MAJEURE
Except as otherwise provided in the terms and conditions of the Services, in no event shall we be liable for any delay, failure or interruption of the content or services, directly or indirectly, by an act of nature, force or cause beyond our reasonable control. These factors include, but are not limited to: Internet failure, computer virus, network attack, remote or any other equipment failure, power failure, strike, Labour dispute, riot, rebellion, civil unrest, shortage of Labour or supplies, fire, flood, storm, explosion, act of God, war, action of government, order of a domestic or foreign court or tribunal or non-performance of any third party.
8 STATEMENT ON INTELLECTUAL PROPERTY RIGHTS
8.1. Zhuangyian is the intellectual property right holder of the app and portal. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the app and portal, and all information related to the app and portal (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by local laws and regulations and corresponding international treaties. Zhuangyian enjoys the above intellectual property rights.
8.2 Without the prior written consent of Zhuangyian you shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. Zhuangyian reserves the right to pursue legal liability for such acts.
9 AMENDMENTS
Zhuangyian reserves the right to amend the terms of this Agreement from time to time, at its sole discretion, to modify, remove, or add features and functionalities to the app and portal at any time. While we strive to notify you of any significant changes, it is the responsibility of you to regularly review updates and features of the app and portal. By continuing to use the app and the portal after any such changes, you signify your acceptance of the updated or modified features. If you do not wish to continue using the Service under the new version of the Agreement or with other features and functionalities, you may terminate your Agreement by contacting us.
10 GOVERNING LAW AND DISPUTES
10.1 The validity and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. In the absence of relevant legal provisions, reference may be made to international business practices and/or business practices.
10.2 Both you and Zhuangyian agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the place where this Agreement is signed.
This Agreement shall enter into force on 5 January, 2024.