Voltbee General terms

These General Terms and Conditions (Terms) can be found at https://www.voltbee.app/terms
By installing or using the Voltbee App or the web portal, you agree to these Terms. If you do not agree to these Terms, you must not install or use the Voltbee App. Voltbee may amend or update these Terms at any time. Material changes will be notified by updating the date at the top of these Terms and, where applicable, through a notification in the Voltbee App. Continued use of the Voltbee App after an amendment means acceptance of the new Terms.

1. Terms and definitions

The following definitions are used in this document.

1.1 Voltbee: Voltbee B.V., a private limited liability company registered with the Dutch Chamber of Commerce, with its registered office in Enschede, the Netherlands.

1.2 Voltbee App: the application of Voltbee through which Users gain access to charging infrastructure and can manage Chargers.

1.3 User: a natural person or legal entity using the Voltbee App and to whom these Terms apply, including EV drivers and Charger Managers.

1.4 User Account: the account created and used when a User logs into the Voltbee App with an email address.

1.5 Administrator Account: the account through which charging equipment is managed and through which, among other things, rates, access to Chargers and Payouts can be configured.

1.6 Charger Manager: a Voltbee User with an Administrator Account.

1.7 EV: an electric vehicle.

1.8 EV Driver: a natural person or legal entity with a Token and a contractual relationship, directly or through an employer, with an eMSP such as Voltbee, including the Ad Hoc EV Driver and the Subscription Driver.

1.9 Ad Hoc EV Driver: an EV Driver who pays for Charging Sessions per individual session.

1.10 Subscription Driver: an EV Driver with a Voltbee subscription, who is periodically invoiced for Charging Sessions.

1.11 Voltbeekey: a physical identification key issued by Voltbee for starting and stopping Charging Sessions.

1.12 Token: a digital or physical means of identification, including a Voltbeekey or charging card, through which an EV Driver identifies themselves at a Charger in order to start a Charging Session on behalf of and for the account of an eMSP.

1.13 Charger: a facility, including all associated installations, through which an EV can be charged.

1.14 Home Charging Point: a Charger installed at or near a private residence and used for charging electric vehicles of the Charger Manager, which may optionally be made publicly accessible.

1.15 Charging Services: all services through which an EV Driver can start and carry out a Charging Session at a Charger via a Token, including the supply of electricity, use of the parking space, processing of measurement data and settlement of the delivered charging capacity.

1.16 Booking Request: a request submitted by the EV Driver through the App to use a Charger during a certain period, which only results in a Booking after this request has been confirmed by the Charger Manager.

1.17 Charging Session: the period during which a Charger charges an EV using Charging Services, which is valid if at least 0.3 kWh is consumed or the session lasts at least 3 minutes.

1.18 CPO (Charge Point Operator): the operator of one or more Chargers made available through the Voltbee App.

1.19 CSO (Charge Station Owner): the owner of a specific Charger or a network of Chargers, which entity may coincide with the CPO.

1.20 eMSP (e-mobility service provider): a service provider that purchases Charging Services from Voltbee and resells them to EV Drivers.

1.21 Payout: the periodic transfer of revenue from Charging Sessions between Voltbee and the Charger Manager.

1.22 Payout Method: a financial account specified by the Charger Manager to which a Payout may be made.

1.23 Terms: these general terms and conditions, including any annexes, relating to the use of the Voltbee App and access to charging infrastructure.

1.24 Party / Parties: Voltbee and the User individually or jointly.

2. Installation and use of the Voltbee App

2.1. The User may log in as a guest or create a User Account.

With a User Account, the User can independently manage personal settings, such as payment details and EV information, at any time.

A valid email address is required to create a User Account.

2.2. The Voltbee App can be installed on a mobile device with a recent version of iOS or Android and the required hardware for the App to function properly.

2.3. Voltbee distributes the Voltbee App through the Apple App Store and Google Play Store. To use the Voltbee App, the User must download it from one of these stores and agree to their terms of use. Article 8 (Liability) also applies accordingly.

3. Terms of use

3.1. Voltbee grants the User permission to use the Voltbee App for an indefinite period in order to:

– access Chargers, including starting, stopping and paying for Charging Sessions; – find and review Chargers.
This permission is referred to as the Licence. The Licence commences on the date on which the Voltbee App is installed and remains valid for an indefinite period, unless terminated in accordance with these Terms.

3.2. The Licence is personal, non-transferable and non-exclusive.
The User may not:
– make the Voltbee App available to third parties via a network or otherwise;
– rent, sell or sublicense it;
– modify it, reverse-engineer the source code or create derivative works;
– use it for purposes other than those for which the App was designed or approved;
– use it to copy components or for activities that compete with Voltbee.

3.3. Voltbee may terminate the Licence at any time with immediate effect if the User breaches these Terms, misuses the App or if Voltbee decides to no longer offer the App.

4. Unauthorised use

4.1. Misuse means any use of the Voltbee App that is not permitted under these Terms or that infringes the rights of third parties.
Misuse of the Voltbee App may constitute a criminal offence. Voltbee may report misuse to the police or the Public Prosecution Service at any time.

5. Data processing and privacy

5.1. By installing the Voltbee App, the User agrees that the data entered may be processed, stored and used for the operation and further development of the App, as well as for providing access to charging infrastructure. Voltbee processes, stores and uses this data in accordance with applicable law.

5.2. The User receives administrative messages from Voltbee via the email address or other contact details provided with the User Account. Voltbee may also send promotional or product-related messages. The User may unsubscribe from these at any time using the unsubscribe link in these messages.

5.3. Voltbee’s full privacy policy can be found at: www.Voltbee.app/en/privacy

6. Location determination

6.1. For the optimal functioning of the Voltbee App, Voltbee requests permission to use the location of the mobile device. This information may be used to guide the User to specific Chargers and to check and improve Charger metadata. The data is stored exclusively in anonymised form.

7. Indemnification

7.1. By installing the Voltbee App, the User agrees to indemnify Voltbee, its directors, employees, investors, contractors and partners against any liability or third-party claim arising directly or indirectly from negligence or failure to comply with these Terms. The User hereby waives any right of recourse against these parties.

7.2. Use of the Voltbee App is at the User’s own risk. Voltbee accepts no liability for damage arising from the use of the App. The quality and usability of the App depend on correct use by the User.

7.3. The Voltbee App is provided “as is”. To the extent permitted by law, Voltbee disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. Voltbee does not guarantee the error-free operation, quality or accuracy of the App or the information displayed therein, and is not obliged to update or maintain the App. The operation of the Voltbee App also depends on a stable internet connection, the proper functioning of the mobile device and the availability of third-party networks and services. The User is responsible for correctly providing information, including the email address, EV details and payment details, and for preventing misuse in the event of loss or theft of the mobile device.

8. Liability

8.1. A Charger operates through the necessary communication infrastructure, such as mobile and internet connections, which may be owned by third parties. Voltbee does not guarantee that this infrastructure will function without interruptions or disruptions and accepts no responsibility for access to, or use of, this infrastructure.

8.2. The User is liable for damage or loss resulting from improper or careless use, installation or modification of a Charger. The User indemnifies Voltbee against all third-party claims arising from this, as well as claims relating to conduct or circumstances for which the User bears the risk or costs.

8.3. To the extent permitted by mandatory law, Voltbee is only liable for damage directly resulting from an attributable failure in the performance of its contractual obligations towards the User. The User must notify Voltbee in writing within ten working days after discovering the failure and give Voltbee a reasonable period to remedy the defect.

8.4. Voltbee’s liability is limited to compensation for direct damage. Voltbee is not liable for indirect damage, including loss of profit, revenue, data, contracts, goodwill, anticipated savings or reputational damage.

8.5. Voltbee is not liable for damage arising from the inability to charge an EV, whether fully or otherwise, or from the use or operation of a Charger. This also applies where charging is not possible or safe due to a defect in the EV or accessories, such as charging cables.

8.6. Voltbee is not liable for failure to perform obligations due to force majeure.

EV Driver Terms

9. Bookings and charging (EV Drivers)

9.1. The Voltbee App enables the EV Driver to start, stop and pay for charging at Chargers.

9.2. Making a Booking Request does not constitute a binding agreement, but an offer to enter into an agreement. Once the Charger Manager confirms the Booking Request, a binding agreement (Booking) is formed. After confirmation, the EV Driver receives specific information about the location and any accessibility requirements.

9.3. Cancellations or changes must be coordinated directly with the Charger Manager through the App as soon as possible and in any event 1 hour before the start. Unless expressly agreed otherwise, Bookings cannot be cancelled.

9.4. EV Drivers may receive a Voltbeekey for certain products. This Voltbeekey may replace the Voltbee App as the method for starting and stopping charging.

9.5. A Voltbee User Account and the associated Voltbeekey belong to one single Subscription EV Driver and may not be shared or transferred.

9.6. Voltbee is not responsible for loss, theft or damage to the Voltbeekey. The EV Driver must notify Voltbee of this without delay. Voltbee may deactivate the relevant Voltbeekey and, if desired, replace it. The costs of replacement are borne by the EV Driver.

9.7. When using the Chargers, the EV Driver must comply with all applicable charging requirements, including Voltbee’s requirements and the applicable statutory safety rules.

9.8. Voltbee does not guarantee the availability, density or uninterrupted operation of the network of Chargers and is entitled to remove one or more Chargers at any time without prior notice.

9.9. European consumers may withdraw from an agreement within 14 days (right of withdrawal). Since Voltbee services are available immediately after installation of the App or conclusion of a subscription, the EV Driver acknowledges, to the extent permitted by law, that the right of withdrawal expires once the service provision commences. This does not affect other consumer rights.

10. Rules of conduct (EV Drivers)

10.1. By placing a booking, the EV Driver agrees:

  1. a) to comply with all applicable laws and regulations, including the obligation to have a valid driving licence and valid insurance, and to ensure that the electric vehicle meets the applicable requirements;
  2. b) to be primarily responsible for their own safety and to independently assess whether the Charger and/or parking space is suitable for the electric vehicle;
  3. c) not to arrive earlier than 60 minutes before the agreed time and, before connecting the electric vehicle to the Charger, to start the Charging Session in the App in accordance with the procedure prescribed in the App;
  4. d) to use the Charger solely for its intended purpose and in accordance with any instructions from the Charger Manager, and to handle the Charger, the location (Premises) and any surrounding property with due care;
  5. e) to remain reachable by telephone or via the App during the Charging Session for the Charger Manager and to immediately inform the Charger Manager of damage, malfunctions, unsafe situations or other issues occurring during a Charging Session;
  6. f) after completion of the Charging Session, to disconnect the electric vehicle from the Charger, leave the location (Premises) no later than the end of the booked period and leave the location clean and tidy;
  7. g) to behave in a polite, respectful and reasonable manner towards the Charger Manager and any third parties.

11. Rates and costs

11.1. The Voltbee App can be downloaded free of charge.

11.2. The CSO or CPO charges costs per Charging Session for access to charging infrastructure and electricity consumption. This fee may consist of a fixed starting fee, a variable fee (per hour or per kWh), possible transaction costs depending on the payment method and any connection fees when the EV is connected but not charging.

11.3. In addition to the CPO fee, Voltbee charges fees for providing charging services. These may consist of transaction fees, subscription fees or a combination thereof. The fee is paid by the EV Driver or Fleet Manager, not by the CPO. The current rates for EV Drivers can always be consulted in the Voltbee App or on the Voltbee website.

11.4. Prior to a Charging Session, the specific costs for the relevant Charger are displayed in the Voltbee App.

12. Payments

12.1. This article applies to Ad Hoc EV Drivers and Subscription EV Drivers.

12.2. Invoices are payable upon receipt. The payment method linked to the account of the Ad Hoc or Subscription EV Driver is automatically charged by Voltbee.

12.3. Voltbee may invoice at any time after a Charging Session, including where the session data is received later due to network problems. In that case, the invoice is issued in the period in which the data was received.

12.4. In the event of late payment, Voltbee may charge statutory interest from the day after the due date until the day of payment, in accordance with the Late Payment Directive (2011/7/EU). Voltbee informs the EV Driver of the arrears within six working days after the due date, after which a period of fifteen working days applies to make payment.

12.5. If payment is not made within this period, Voltbee may suspend further deliveries or services until payment has been received. If payment remains outstanding after thirty days, Voltbee may terminate the Licence and claim the full amount due, including interest and reasonable collection costs. Delay in exercising this right does not constitute a waiver thereof.

12.6. Payments are processed through Voltbee’s payment service provider, Stripe, under the following conditions: payment by direct debit from an authorised bank account, payment by credit card (where a temporary reservation may be placed), or payment of subscription fees in advance and charging fees in arrears. Voltbee may collect multiple payments per period to limit credit risk. Stripe’s terms and conditions apply to all payments processed through Stripe.

12.7. Upon cancellation of a subscription during its term, the subscription remains active until the end of the current period. No refund or settlement shall take place.

12.8. In the event of an upgrade, the additional costs will be charged on the next invoice. The new benefits apply immediately upon confirmation.

12.9. In the event of a downgrade, the change takes effect at the start of the next billing period. Until then, the current conditions remain applicable.

Charger Manager Terms

13. Bookings and charging

13.1. The Charger Manager guarantees that they are the legal and economic owner of the Charger. If this is not the case, the Charger Manager guarantees that they possess all necessary permissions and authorities to enter into and perform the agreement on behalf of the owner.

13.2. The Charger Manager grants Voltbee, and indirectly eMSPs and EV Drivers, the right to charge EVs using Tokens.

13.3. Voltbee principally acts as a platform facilitating the sharing of Chargers and enabling access to Charging Services between Charger Managers, CPOs, eMSPs and EV Drivers. Voltbee may also act as a CPO in the external relationship with its contractual partners and provide Charging Services in its own name.

13.4. The Charger Manager is responsible for ensuring a stable and secure internet connection for the Chargers (secured Wi-Fi, wired LAN or 4G/5G via SIM).

13.5. Voltbee assumes that the Charger Manager is not VAT registered and does not commercially exploit the Charger, but merely makes it available occasionally or to a limited extent in exchange for reimbursement of expenses. If the Charger Manager is VAT registered or structurally operates the Charger commercially, this must be reported to Voltbee in writing in advance. Deviation is only permitted with Voltbee’s prior written consent.

13.6. The Charger Manager, acting as CSO and/or CPO, guarantees that publicly accessible or commercially operated Chargers and Charging Services possess the required permits and approvals, comply with applicable laws, regulations and technical standards, comply with applicable safety standards and are adequately maintained, have an uninterrupted power supply and are supported by a helpdesk during local office hours, excluding Home Charging Points.

13.7. The Charger Manager indemnifies Voltbee against third-party claims arising from a breach of Article 13.6 and guarantees that adequate insurance coverage is maintained. This does not affect Voltbee’s right to recover uninsured damage.

13.8. Claims relating to Charging Services must be submitted exclusively to the direct contractual party within the supply chain. Voltbee is not a party to the execution of the Charging Session and is not obliged to handle or resolve such claims.

13.9. The Parties acknowledge that no specific energy legislation currently applies to Charging Services. If this changes, the Charger Manager shall ensure compliance and indemnify Voltbee against resulting costs.

14. Rules of conduct

14.1. Without prejudice to the other provisions of these Terms, the Charger Manager undertakes to use the App and conduct themselves in connection therewith as follows:

  1. a) to ensure that the specifications of the Charger are correctly and fully displayed and that the Charger is safe and functioning properly, in accordance with applicable laws and regulations, insurance conditions, these Terms and the agreement;
  2. b) to ensure that the location where the Charger is situated (the Premises) and the immediate surroundings are safe and do not present additional health or safety risks beyond what may reasonably be expected during a Charging Session, without taking into account special circumstances or characteristics of a specific location, including weather conditions;
  3. c) subject to other bookings, to make the Charger available for use up to 60 minutes before commencement and throughout the booked Charging Session;
  4. d) to behave in a polite and welcoming manner and to be as helpful and cooperative as reasonably possible regarding the arrival of the EV Driver and the execution of the Charging Session;
  5. e) to clearly inform the EV Driver in advance of any additional charges if an EV remains at the location after completion and to make arrangements regarding such charges exclusively with the EV Driver;
  6. f) not to encourage any EV Driver, nor use the App, to circumvent payment of the applicable Voltbee fee. In the event of a breach, Voltbee may conduct an investigation and claim the missed fee together with reasonable enforcement and recovery costs.

15. Invoicing and payouts

15.1. Voltbee collects the full price of a Charging Session from the EV Driver or their representative and principally acts as a platform facilitating the sharing of Chargers. Voltbee is not a party to the execution of the Charging Session between the EV Driver and the Charger Manager, unless expressly stated otherwise in these Terms.

15.2. For Payouts, the Charger Manager must link a valid Payout Method to the Voltbee account. When adding a Payout Method, name, address and financial details may be required by Voltbee or its payment service provider(s). Depending on the chosen method, additional information may be required. Failure to provide or verify requested information in a timely manner may result in a hold, suspension or cancellation of Payouts until such information has been provided and, where necessary, validated. The Charger Manager authorises Voltbee and/or its payment service provider(s) to collect and store such data. Sharing with governmental authorities may be required by law.

15.3. The Payout to the Charger Manager equals the total of all Charging Sessions at their Chargers in accordance with the configured rates per location, minus applicable charges, such as Voltbee service fees and legally required deductions. Voltbee currently charges no fees to the Charger Manager but reserves the right to do so in the future.

15.4. Voltbee may distribute revenues per Charging Session to Linked Accounts in accordance with the Charger Manager’s instructions. Voltbee shall not be liable for losses resulting from incorrect or incomplete instructions.

15.5. Voltbee will issue a self-billing invoice to the Charger Manager for Charging Services (electricity) purchased by Voltbee. The invoice shall include at least the date, time, location, consumed energy, price (including relevant taxes) and, where applicable, the distribution of Payouts per transaction. The invoice will be issued on the first day of each month for transactions from the previous month. The Charger Manager:

(i) authorises Voltbee to issue such invoices;

(ii) shall not issue separate VAT invoices for the same services;

(iii) remains solely responsible for VAT declarations and remittance.

15.6. Voltbee will issue each relevant primary account holder a self-billing invoice containing an overview of all transactions from the previous month, including relevant details.

15.7. Voltbee charges VAT on its platform services where legally required and remits VAT on fees payable to Voltbee. To the extent Voltbee acts solely as an intermediary and not itself as CPO or provider of the Charging Session, Voltbee shall not remit VAT on fees relating to the Charging Session itself.

15.8. Charger Managers are solely responsible for compliance with all applicable laws and regulations, including any local tax obligations (such as payment of income tax and/or VAT), which may apply to making Chargers available and receiving compensation in connection with Charging Sessions.

15.9. Payouts may be processed through third-party payment services (such as Stripe). Any fees charged by such service provider(s) for Payouts shall be borne by the Charger Manager. The terms and conditions of the relevant payment service provider apply.

15.10. For Stripe Payouts, Voltbee initiates the Payout within 30 days after issuance of the self-billing invoice to the registered Stripe account. Processing times at Stripe and the subsequent transfer by Stripe to the selected payout method may vary. Stripe’s terms and conditions apply.

15.11. For direct bank transfers, Voltbee initiates the Payout within 30 days after issuance of the self-billing invoice. Bank-specific processing times may vary.

15.12. Payouts are made in the currency of the charging location. Any exchange rate or other charges by Voltbee or its payment service provider(s) shall be borne by the Charger Manager; Voltbee accepts no liability in this respect.

15.13. Voltbee may place a hold on, suspend or cancel a Payout to prevent fraud, for risk assessment, security or investigation purposes, or if identity or required information cannot be verified. Voltbee may also delay Payouts in the event of force majeure.

15.14. Roaming may be activated by Voltbee on Chargers managed by Charger Managers in order to open the network to more EV Drivers and increase Charger visibility. With regard to Payouts for Roaming transactions, the following applies:

– Voltbee settles and collects outstanding amounts from third-party eMSPs on behalf of the Charger Manager. The standard payment term in agreements with eMSPs is 30 days;

– Voltbee pays out amounts received from eMSPs with the self-billing invoice; in the event of late payment, the Payout will be postponed to the next invoicing round;

– the default risk of eMSPs is borne by the Charger Manager; Voltbee’s payment terms are automatically extended by the number of days the eMSP is overdue.

15.15. Voltbee may apply a minimum Payout amount of €15 (EU) or £15 (UK). Amounts below this threshold will be carried forward to the following month until the minimum amount is reached. Any balance that has not been paid out shall expire twelve (12) months after it arose.

15.16. For compliance or operational reasons, Voltbee may limit Payout amounts and settle them in multiple tranches (possibly over multiple days).

15.17. Voltbee shall not be responsible for losses resulting from incorrect Payout Method information or incorrectly configured financial or tax settings by the Charger Manager.

16. Updates

16.1. Voltbee has the right to modify the App, for example through updates or where required due to technical adjustments or legal requirements. This right also includes discontinuing or terminating the App without prior notice. Voltbee shall not be liable for damage or loss arising directly or indirectly from such modifications, discontinuation or termination.

17. Termination of the agreement

17.1. The Charger Manager may terminate this agreement if Voltbee fails to pay outstanding amounts within 30 days after written notice of default.

17.2. Voltbee may terminate this agreement if the Charger Manager fails to make timely payment. A written notice of default shall first be issued, followed by a 30-day period to settle the outstanding amount.

17.3. Either Party may terminate the agreement with immediate effect in the event of:

– a serious or repeated breach of the agreement, after written notice has been given and a 30-day remedy period has expired;

– changes in laws or regulations rendering compliance illegal or impossible, with immediate notice to the other Party;

– suspected illegal activities, fraud or non-compliance by the other Party.

17.4. Upon termination, Voltbee shall cease offering or reselling the Charger Manager’s Charging Services. All outstanding amounts shall become immediately due and payable. Both Parties shall return or destroy each other’s confidential information unless otherwise required by law. Voltbee shall no longer be obliged to provide access to the platform, payment services or related services.

17.5. Provisions which by their nature survive termination, including confidentiality, indemnification and limitations of liability, shall remain in full force and effect following termination of the agreement.

18. Governing law and miscellaneous provisions

18.1. Voltbee may unilaterally amend these Terms at any time.

18.2. Voltbee may engage third parties or assign its rights and obligations under this agreement, in whole or in part, to third parties. The User hereby grants prior consent to the transfer of their contractual relationship to a third party.

18.3. If any provision of these Terms is found to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect. In such event, Voltbee and the User shall agree on a replacement provision that most closely reflects the original intent.

18.4. These Terms and the agreement shall be governed by Dutch law. Any disputes arising therefrom shall be submitted to the competent court in Overijssel, the Netherlands.