Terms of Use

These general terms and conditions (“Terms of Use”) together with the Plugmatic Privacy Policy

govern your (“You” or the “User”) use of the Plugmatic mobile application and any other related

services (“Service”) provided by Plugmatic SRL Otopeni, Intr. Grigore Alexandrescu 5 A C, 75100

Otopeni, the Republic of Romania, incorporated in accordance with the laws of the Republic of

Romania, registered at Romania Business Registers Agency under the registration number:

J2024032078002 operating under the brand name "Plugmatic" (“Plugmatic”, “Us” or “We”).

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1. GENERAL

By registering for, or by using, the Service or any portion of the Service You accept to be subject to

these Terms of Use. To complete your registration, you have to explicitly accept these Terms of Use.

If you are a natural person, you are obligated to notify years Plugmatic if You have any complaint

regarding the Service within 2 (two) years, and if you are a company, You have to file any complaint

regarding the Service within 6 (six) months, whereas in any case the subject deadlines are calculated

from the date of provision of relevant Service. Each notice of non-conformance of Service shall be

delivered by You to Plugmatic in written, including by e-mail.

The Service includes, but is not limited to the websites of Plugmatic, Plugmatic mobile application (the

“Mobile App”) and any related services and products provided by Plugmatic under its brand or

through a partners’ which include, but is not limited to, identifying and navigating to charging stations

for electric vehicles, initiating and paying for charging sessions (including through the use of payment

cards), and providing certain information relating to the charging session (e.g., pricing, availability,

type of chargers available, invoice information).

Plugmatic reserves the right to in sole discretion change, add and remove features of the Service at

any time without prior notice to the User.

These Terms of Use are applicable in any country and/or region that the Service is available in, if not

supplemented and/or amended in accordance with local law of subject country/region, in which case

such supplements/amendments shall be applicable, of which you will be properly notified.

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2. PRIVACY

Plugmatic processes your personal data in accordance with its Privacy policy.

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3. PRICES

All prices shown in the Mobile App are inclusive of VAT. When using the Mobile App to initiate a

charging session the price will appear before your charging process begins. The cost of using the

Service to charge your electric vehicle is based on one or multiple different factors. These factors may

include, but are not limited to, kWh used during charging, charging time, parking time, session starting

fees etc.

You acknowledge and ascertain that the final price is calculated based on manners of Your use of the

Service and that it is not possible to calculate the final price before the charging process has been

finished in each situation.

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14. PROFESSIONAL USE OF THE SERVICE

Certain parts of the Service may be restricted for the exclusive use of businesses, entities, and/or

individuals using the Service for their trade or business activities (“Business Accounts”). Business

Accounts may be charged by different and/or additional fees as agreed separately in writing with

Plugmatic. For the avoidance of any doubt, these Terms of Use shall be applicable on any use of the

Service insofar as there is not particular agreement in writing with Plugmatic.

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5. BILLING AND PAYMENT

You are responsible for ensuring that the registered payment card is valid, not blocked, has sufficient

funds and that You are authorised to use it. If debiting the registered payment card is not possible,

Plugmatic has the right to seek payment from You by other means, such as by sending a separate

paper invoice for your use of the Service. If a separate paper invoice due to your payment being

overdue, Section 7 shall be applied.

You are responsible for ensuring that the payment information is accurate and up to date in the

Plugmatic user account connected to the Service. Please note that payment failure will lead to

termination of the user account.

Payments from You to Plugmatic are provided by one or more third party payment processor(s).

Plugmatic does not accept any liability for faults or disruptions in the payment process.

By accepting these Terms of Use, Users, natural persons, agree that when providing services, they

must reside in the territory of the Republic of Romania in order to issue a fiscal invoice for the services

provided.

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6. INVOICE PAYMENT TERMS

Once Your particular use of the Service is finished, invoice shall be automatically generated and sent

to Your e-mail address. You hereby confirm that you expressly agree to the delivery of the invoice to

your e-mail address. Plugmatic shall try to execute the payment from the payment card registered

within the Mobile App. In case that there are no sufficient funds for such payment on the registered

payment card, You will not be able to use the Service until full settlement of unpaid invoice and

Plugmatic shall, by the system within the Mobile App, try to collect the unsettled amount from your

payment card, until settled. Plugmatic will store and display information of the billing in the customer

account with payment history. As You will have all Your payments and invoices visible in the Mobile

App, You may settle the due amount at any moment.

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7. LATE PAYMENTS

If You fail to pay the full amount due on the invoice, Plugmatic reserves the right to prevent You from

using the Service by suspending your account and/or preventing you from registering a new account.

If Plugmatic prevents you from using the Service due to payment failure, You will still be obligated to

pay any outstanding invoice and/or fee relating to use of the Service.

Plugmatic will apply a default interest in the amount of maximum default interest rate permitted by

the law on any outstanding amount and issue a paper invoice. The paper invoice will be sent to the

postal address that is registered in the Mobile App. If no postal address has been registered in the

2Mobile App, the paper invoice will be sent to the postal address where You are registered, based on

any publicly available database.

If a paper invoice has been sent and full payment has not been received before or on the due date,

Plugmatic may, but it is not obligated, to provide you with a reminder notice.

If a reminder notice has been sent upon the sole decision of Plugmatic and/or full payment has not

been received before or on the due date, Plugmatic reserves the right to hand the matter over to debt

collection which will result in additional fees.

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8. VOUCHERS

Subject to the relevant law, Plugmatic may from time to time offer You a promotion code (“Voucher”)

that can be activated in the Mobile App. Upon activating the Voucher in the Mobile App, the User may

receive a discount, credit or similar offer (“Promotional Offer”). A voucher is a one-time offer and may

be limited to one Voucher per User. You may not be able to combine a Voucher with any other offer(s).

A Voucher is non-transferable and may not be sold or refunded. If You receive a credit as part of a

Promotional Offer you are liable to pay Plugmatic for cost incurred when using the Service that

exceeds the credit, and if the value of credit exceeds the price of the Service, remaining value of the

credit shall be carried over to the next Service.

A Voucher and Promotional Offer are only valid until the specified expiration date. Plugmatic reserves

the right to modify and/or cancel a Voucher and/or Promotional Offer. A Voucher and/or Promotional

Offer may exclude Business Accounts and/or be limited to certain parts of the Service.

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9. REFUND POLICY

Refunds may be issued under the following conditions:

• The amount charged exceeds the actual delivered energy or session duration

• A technical issue occurred during the charging session

• A double charge was made for the same session

Users can request a refund within 14 calendar days after the session ended by contacting Plugmatic

through any of following channels which are defined in support section within mobile app:

• Email – contact@plugmatic.ro

• Support phone - +40 740 023 214

Plugmatic is committed to reviewing and responding to all refund request within 72 hours of

submission. If the request is approved, the refund is processed withing defined 72 hours while the

time it takes for funds to appear in the user’s account may vary depending on the user’s bank and card

issuer.

Plugmatic reserves the right not to refund user if the request is submitted after the 14-day window.

Plugmatic reserved the right to deny refund requests in cases of suspected abuse, fraudulent activity,

or if session records do not support the claim.

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310. CHARGING STATIONS

It is the responsibility of the charging station operator to ensure that the charging stations are

operating properly. Plugmatic does not accept any liability for faults and defects in the charging

stations or any tools (e.g., cables, converters, or adapters) belonging to the charging station.

11. YOUR OBLIGATIONS

You are always obligated to:

• Stop using the service if your place of residence is no longer in the territory of the Republic of

Romania;

• Comply with all instructions provided at the charging station and ensure that the charging

process is performed correctly;

• Comply with all applicable parking regulations at or in the area around the charging stations;

• Not use the Service in bad faith of any error or fault with the Service, charging station or

vehicle being charged;

• Ensure that the personal and payment information registered in the Mobile App is correct and

up to date;

• Take care and protect your password and account information in the Mobile App;

• Ensure that no unauthorised person(s) have access to your account and/or any Charging

Card(s) without your permission; and

• Ensuring that all tools (e.g., the charging cable) used in connection with the charging are

proper and working as intended.

If You suspect that your account has been hacked or that someone who’s unauthorised is using your

personal account, Billing account in the Mobile App or payment card, You are obligated to immediately

report this to Plugmatic by emailing: contact@plugmatic.ro. If You lose your payment card, you are

obligated to immediately remove your payment card from your account in the Mobile App.

Plugmatic is entitled to end an ongoing charging immediately and/or restrict access to parts of, or the

entire Service, if: (i) You in any way fail to meet your obligations under these Terms of Use or any other

agreement between You and Plugmatic, (ii) if You have given false information in order to deceive

Plugmatic and/or its partners, or (iii) if Plugmatic has reason to believe that a third party has

unauthorised access to an account related to the Service. Upon such termination Plugmatic has the

right to take necessary actions to protect Plugmatic and/or its partners from damages and You may

be obligated to indemnify Plugmatic from any costs or damage.

12. GENERAL LIMITATION OF LIABILITY

The limitation in this section means that You cannot hold Plugmatic responsible – or otherwise receive

financial compensation from Plugmatic – if not explicitly stated otherwise. Please note that the

limitation of liability in this section applies in addition to the limitation of liability that follows by other

sections in these Terms of Use.

Any limitation of liability in this section or otherwise stated in these Terms of Use shall not be

construed as to exclude or limit the liability of Plugmatic in the case of death or personal injury

resulting from deliberate or negligent acts or omissions by Plugmatic, an employee, legal

representative, or subcontractor of Plugmatic.

4Plugmatic is not liable for any damage caused by using faulty equipment, or from any fault caused by

a defect in the vehicle being charged.

Plugmatic is not liable for any indirect damages You may suffer unless, and only to the extent, such a

responsibility is required by mandatory law.

Plugmatic shall not be held liable to compensate You for any damages caused by unauthorised use of

the Service unless Plugmatic is found to have acted with gross negligence or wilful misconduct.

Plugmatic shall not be held liable to compensate You for any damages caused by use of the Service in

violation with these Terms of Use unless Plugmatic is found to have acted with gross negligence or

wilful misconduct.

Plugmatic has no liability for damages caused due to You or any third party not being able to use the

Mobile App, the payment card or any other part of the Service.

Plugmatic not be held liable to compensate You with an amount exceeding 1.000 EUR (or an

equivalent sum in the currency used in the country where You have your habitual place of residence)

unless Plugmatic is found to have acted with gross negligence or wilful misconduct.

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13. FORCE MAJEURE

Plugmatic is not responsible for, without constraints, any changes in law, failure or delay in delivery,

telephone and network connections, war and military actions, general mobilization, sabotages of

charging stations, irregularities in the supply of electricity, strike, boycott, riots, acts of terrorism,

epidemics, fire, explosions, traffic and natural disasters (such as earthquake, cyclone, storm, flood,

fog), acts of competent authorities which affect the Service provision and all other events and

circumstances that competent authorities acknowledge and declare as cases of force majeure, or

other similar circumstances beyond the control of Plugmatic.

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14. CANCELLATION POLICY

You have the right to delete your account without any given reason. Deleting your account can be

performed by contacting customer support by phone call or e-mail. After you have requested your

account to be deleted, You may not be able to re-enter your account, nor use your payment Card. If

You delete your account and open a new account, your charging history and any other information

will not be transferred to your new account.

Deleting your account does not exclude any financial obligation You may have towards Plugmatic

relating to the Service.

You may delete your account by sending an email with your request to: contact@plugmatic.ro .

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15. CONTRACTUAL TERM AND TERMINATIONS

These Terms of Use are binding between Plugmatic and the User the first time You register for, or use

any part of the Service, and remain in force until termination by either You or Plugmatic.

Both You and Plugmatic may at any time terminate the Terms of Use. If You terminate the Terms of

Use Plugmatic will block access to, and delete, any account connected to the User in relation to the

5Service. Terminating the Terms of Use will not exclude any financial obligation You may have towards

Plugmatic relating to the Service.

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16. ENTIRE AGREEMENT AND CHANGES TO THE TERMS OF USE

These Terms of Use constitute the final and complete agreement between You and Plugmatic in

relation to its subject matter. These Terms of Use replace and supersede all previous terms of use

and/or other agreements, written or oral, between You and Plugmatic relating to its subject matter.

Plugmatic reserves the right to change these Terms of Use at any time. You will be informed about

changes to the Terms of Use by e-mail and/or through the Mobile App in a reasonable time before

such changes.

You can reject the change before the change is made and inform your disapproval to Plugmatic. Upon

rejecting the changes Plugmatic reserves the right to limit or cancel your use of the Service and delete

your account in the Mobile App. Rejecting changes to the Terms of Use does not exclude any financial

obligation You may have towards Plugmatic relating to the Service.

Earlier versions of terms and conditions relating to the Service will not be archived by Plugmatic.

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17. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed and interpreted according to Romanian law. The exclusive

venue for any dispute arising from the use of, or relating to, the Service and/or these Terms of Use is

competent court at Bucharest, the Republic of Romania.

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18. SEVERABILITY CLAUSE

These Terms of Use do not limit your mandatory rights that cannot be waived according to mandatory

law. Should any provision(s) under these Terms of Use be found to not be in accordance with

applicable mandatory law the remaining provisions shall not be affected.

If you have any ambiguities regarding these Terms of Use, you can contact our customer support.

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