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Terms of Use of the Service by the shareNplug Host User

These Specific Terms of Use (hereinafter "STU") govern the use of the Application provided by VIMANEK sarl, a company with a capital of €1,000, whose registered office is located at 15 R Paul Cezanne, 93600 Aulnay-sous-Bois, registered in the Bobigny Trade and Companies Register under number 814 657 680 (hereinafter "VIMANEK"), by the Host User.

These STU supplement and complement the General Terms of Use of the Application. All clauses and stipulations of the General Terms of Use of the Application apply hereto.

THE USER IS REQUIRED TO CAREFULLY READ THESE TERMS AND CONDITIONS IN THE APPLICATION BEFORE ACCEPTING THEM AND ACCESSING THE SERVICE.

1. Creation of a Host User Account and a STRIPE Connect Account

In order to use the Service, the Host User must have a Host User account and a STRIPE Connect account.

1.1 Account Creation

When using the Application for the first time, the Host User is required to create an account using the registration form. The Host User undertakes to ensure that the information provided is accurate, reliable, complete, and up-to-date.

Once the fields are completed, the Host User is prompted to enter the code received by SMS to the number they provided to validate the creation of their account.

Each time they log in, the Host User is prompted to identify themselves using their phone number and the code received by SMS.

If the account is inactive for a period of three (3) years, the User account will be closed.

The Host User can access their account settings via their personal profile in the Application and update certain information. They can also delete their User Account, which will be closed; the actual closure of the account may take up to 48 hours.

In the event of a Host User account being closed:

- The amounts already collected on their STRIPE Connect account will be paid to them on the monthly due date under the terms and conditions described below.

- All personal information entered by the Host User and recorded within the Application (first and last name, contact details, telephone number, information on charging points, reservations, etc.) will be deleted from the shareNplug Service database.

- The deletion of shareNplug and STRIPE Connect accounts and data is final and irreversible.

1.2 Payment Terms

During the Service registration process, the Host User accesses the STRIPE online payment platform and must provide information enabling them to receive payments: first name, last name, telephone number, email address, postal address, bank details (IBAN), and proof of identity (passport, identity card, or driver's license).

The identity verification process performed by the STRIPE platform takes between a few minutes and 72 hours. The Host User is notified of the success or failure of the verification. If the verification process fails, the Host User is prompted to repeat the process. If the process is successful, the Host User is informed that their "STRIPE Connect" account has been created.

The Host User cannot make their Parking Space available until the verification process is completed and validated.

2. Creating and Updating a Parking Space

2.1 Creating a Parking Space

Once the Host User account (including the STRIPE Connect account) has been successfully created, the Host User will be able to add and configure a Parking Space and offer it for Reservation to Driver Users. In a future evolution of the Service, the Host User will be able to offer multiple Charging Stations.

The Host User will be required to provide certain information, including the address of the Parking Space, the availability (days and time slots) of the Parking Space, technical information and available equipment, access conditions, a description of the Space, and its instructions. The Host User undertakes to ensure that the information provided is accurate, reliable, and complete.

The Host User must also provide the Parking Space Rental Price based on an hourly rate. It is specified that upon launching the Application, the Parking Space Rental Price includes a fixed amount of €0.50, corresponding to the minimum amount required by the payment provider STRIPE for any online transaction made by credit card.

The provision of the Parking Space on the Service in no way commits the shareNplug Service to guaranteeing the number or frequency of Reservations by Driver Users, nor the profitability of the Terminal.

The Host User may provide additional information on the activities that the Driver User may find around the Location, so that the Driver User may, if they wish, visit the premises. In this description, the Host User agrees not to engage in any advertising, particularly clandestine or false, and not to denigrate or harm the image or reputation of a brand, business, company, or its legal representative in writing their comment.


2.2 Updating a Parking Space

The Host User can modify the information relating to their Parking Space(s) by clicking on the "terminals" tab in the Application. The Host User undertakes to ensure that the information provided is regularly updated so that Driver Users have access to accurate, precise, reliable, and complete information.

3. Management of Reservation Requests by the Host User

It is recommended that the Host User offer Rentals between 6 a.m. and 11 p.m.

The Host User receives Reservation requests from Driver Users via the Application.

If the Host User has multiple Reservation requests for the same date and time slot, the Reservation confirmation sent to a Driver User automatically cancels the requests of other Driver Users for the same date and time slot.

Once accepted, the Host User must honor the Reservations and agrees to provide the Driver User with the necessary and expected information in a clear and understandable manner so that the latter can access and use the Parking Space.

4. Provision of the Parking Space by the Host User

It is the Host User's responsibility to provide the Driver Users with all useful information and details before the start of the Rental.

The Host User must ensure that the Parking Space is available and functional, and is responsible for the security of the Parking Space.

The Host User must comply with applicable regulations and must, in particular, ensure that the Parking Space equipment has been correctly installed and is used in accordance with the installer's instructions, that the connection of the charging station to the vehicle does not encroach on third-party property or public property, that the charging station is regularly and properly maintained, and that nothing prevents them from making their station available to a third party.

The Host User guarantees that they hold an insurance policy covering all material and bodily damage that they may cause to the Driver User and their vehicle as a result of making the Charging Station available, and that they have all the necessary authorizations to do so.

5. Occupancy of the Parking Space by the User/Driver

The Host User is notified of the start and end of each Rental and will be able to view photographs of the arrival and departure inventory taken by the Driver User. They will be alerted via the Application if the Driver User has not completed the arrival inventory and/or departure inventory.

If the Host User notices any damage or deterioration, particularly to the Parking Space, they may contact the Driver User concerned to discuss the matter and, if necessary, hold the latter responsible. They will also have the option of contacting customer support, which will, where possible, make every effort to assist in resolving the dispute.

6. Payment of the Parking Space Rental Price by the Driver User

Payment of the Parking Space Rental Price by the Driver User is made via the STRIPE platform. The Host User receives the Host Remuneration amount (i.e., 70% of the Parking Space Rental Price) in their STRIPE Connect account at the end of each Rental.

The Driver User may request a monthly summary invoice from VIMANEK corresponding to the Service Fees and STRIPE Fees, as proof and justification of payment.

The amounts collected on the STRIPE Connect account will be paid into the Host User's bank account, the information provided when opening the STRIPE Connect account, on the 7th day of each month (M+1) following the said Rental(s).

Furthermore, each monthly transfer from the STRIPE Connect account to the Host User's bank account is subject to a Stripe flat-rate fee of 1.5% + €0.25 charged by the payment service provider STRIPE, regardless of the amount transferred.

Please note that VIMANEK does not process, collect, or store Users' credit card data on its servers, and that all transactions are carried out securely and remotely by the payment service provider STRIPE.

7. Cancellation/Modification of a Reservation

7.1 Cancellation of a Reservation by the Host

The Host User may cancel a confirmed Reservation up to 15 minutes before the Reservation start time. No compensation will be paid.

Cancellation of a confirmed Reservation by a Host User does not incur a financial penalty. However, cancellations disrupt the plans of Driver Users and can undermine their trust in the "shareNplug" community. The Host User is also liable to recourse from the Driver User, for which VIMANEK cannot be held liable. Therefore, Host Users must endeavor to honor all confirmed Reservations. In the event of an unforeseen event preventing a Reservation from being honored, it is the Host User's responsibility to cancel as quickly as possible to allow the Driver User to change their plans.

Excessive cancellations may result in a downgrade of the Host User's "rating" or a temporary or permanent suspension of the Parking Space listing, or even of the Host User's account, at the discretion of the shareNplug Service, without the latter being able to claim any compensation whatsoever.

7.2 Inability for the Driver User to Access or Use the Parking Space

If the Driver User is unable to access the Parking Space (access is closed, code is not working) or if the equipment is unusable, the Driver User will be refunded the Driver Price. The Driver User may contact the Host User to resolve the dispute amicably or may contact customer support.

In the event of a repeat of this type of failure (defective or unavailable charging station, difficult access, unclear connection procedures, lower power output than advertised, etc.), the Host User may be penalized by the Service. The Host User also risks recourse from Driver Users. These sanctions may, for example, take the form of a downgrade of the user's rating, a temporary suspension, or a ban on access to the Service. These sanctions will remain at the discretion of the Service. The Host User will be notified, in the application or by email, of the implementation of these possible sanctions.

7.3 Cancellation of the Reservation by the Driver User

The Driver User may cancel their Reservation that has not yet been accepted by a Host User. The Driver User will be refunded the Parking Space Rental Price, excluding the Reservation Fee.

The following rules apply in the event of cancellation after the Reservation has been confirmed by the Host User:

- More than two hours before the scheduled start of the Rental, the Driver User may cancel the corresponding Reservation and receive a refund of the Rental Price, which the Host User accepts, without recourse or compensation.

- Less than two hours before the scheduled start of the Rental, the Driver User may cancel the corresponding Reservation, but will not be refunded. The Host User will then remain credited with the Host Remuneration.

7.4 Modification of the Reservation by the Driver User

Delay by the Driver User

If the Driver User arrives after the start of the reserved Rental time, the Reservation will be maintained until five (5) minutes before the end of the Rental. The Driver User must leave the Parking Space at the originally scheduled departure time. The delay will not affect the Host User, as the hourly rate is indivisible.

A notification will be sent to the Driver User and the Host User ten (10) minutes after the start of the Rental in the event of a failure to provide an inventory.

The Driver User and the Host User will have the opportunity to contact each other and reach an amicable agreement.

Driver User Departure Before the End of the Rental

The Driver User may leave the Parking Space before the end of the initially scheduled Rental, without being entitled to a refund of the Driver Price pro rata to the unused time corresponding to their early departure, as the hourly price is indivisible.

The Driver User is recommended to contact the Host User to notify them of their early departure.

Driver User Departure After the End of the Rental

If the Driver User extends the initially scheduled Rental by less than ten (10) minutes, it is recommended that they contact the Host User to notify them of this overstay. If the Driver User has not completed an inventory ten (10) minutes after the end of the Rental, the Host User will receive a notification and will have the option to contact the Driver User.

If the Driver User extends the initially scheduled Rental by more than ten (10) minutes, it is recommended that they contact the Host User to notify them of this overstay. The Host User will have the option to apply a financial penalty to be agreed upon with the Driver User.

The Driver User and the Host User will have the opportunity to contact each other and reach an amicable agreement.

No Show of the Driver User at the Parking Space

In the event that the Driver User fails to show up at the Rental more than fifteen (15) minutes before the start of the Rental, without prior cancellation, they will receive a notification to contact the Host User. The Host User will remain entitled to their Remuneration.

8. Liability/Warranties

The Host User guarantees that they are fully authorized, have the power, and authority to make their Parking Space(s) available to Driver Users via the Application, and that there are no restrictions and/or conditions of use that could restrict their use.

It is the Host User's responsibility to verify that there are no restrictions on i) operating the Parking Space(s) and their equipment and/or ii) offering them for use, such as those imposed by the energy supplier and/or those related to operating conditions and/or access conditions.

The Host User must, in particular, ensure, before making the Parking Space available on the Application, that they obtain authorization from the owner of the Parking Space if they are only a tenant and from the condominium manager if the Parking Space is in a co-ownership. The Parking Space must be installed on private property or, if installed within a co-ownership, must be installed in a private space reserved for the exclusive use of the Host User.

The Host User must agree to contact their insurance company to ensure that they have insurance covering the provision of the Parking Space via the Application, all risks, and any potential damages inherent in its use, particularly by third parties.

The Host User represents and warrants the following:

- Comply with all applicable laws and regulations, including, but not limited to, energy regulations, both at the French and European levels;

- Refrains from violating or circumventing in any way any applicable law or regulation, any arrangement, agreement, or contract entered into with third parties, whether oral or written, or any third-party rights;

- He has taken all necessary measures and arrangements to fulfill all contractual and legal obligations with which he is required to comply in the performance of his obligations as Host;

- The obligations incumbent upon him under the Host Terms and Conditions constitute legal, valid, and binding obligations;

- Decides to make available/rent to Driver Users, via the shareNplug application, a parking space equipped with a charging station, fully understanding the essential conditions that this operation requires and the risks that it may entail, and that he can assume the risks; and

- Expressly and unconditionally agrees to indemnify and hold VIMANEK harmless from any and all claims, demands, liabilities, damages, or losses that may arise, including but not limited to, the Host User's failure to comply with any law or regulation, whether French or European, any arrangement, agreement, or contract entered into with third parties, whether oral or written, or any rights of a third party (including the Driver User).

9. Host User's Tax Obligations

In accordance with applicable regulations, the Host User is reminded that Parking Space Rental transactions carried out on the Application are considered commercial transactions and that, as such, the Host User, whether individual or professional, is liable for tax on the income generated through the Application.

The Host User is therefore required to declare the income earned from their activity on the Application to the tax authorities each year.

For more information, if the Host User is an individual, they are invited to consult the website impot.gouv.fr regarding these issues, as well as the URSSAF website: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html

Pursuant to Article 242 bis of the General Tax Code, VIMANEK, as part of its transparency and information obligations, will inform each Host User of the amount received and the total number of transactions carried out. In accordance with the obligations referred to in paragraph 3 of the same article, the same information concerning Host Users will be communicated by VIMANEK to the tax authorities.