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shareNplug GENERAL TERMS AND CONDITIONS OF USE

Preamble

These General Terms and Conditions of Use (hereinafter "GTC") govern the terms and conditions of access and use of the Mobile Application provided by VIMANEK SAS, 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").

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

These GTC are supplemented by Terms and Conditions Driver Specific Terms and Host Specific Terms, which together constitute an agreement between Users, and between Users and VIMANEK, regarding access to and use of the Application and the Service.

Article 1 – Definitions

For the purposes hereof:

"Application"means the "shareNplug" mobile application published and marketed by VIMANEK, providing access to the Service. The Application also includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that comprise it, updates and new versions that may be made to the Application by VIMANEK.

"Content"means, without this list being exhaustive, the structure of the Application, editorial content, designs, illustrations, images, photographs, graphic charters, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application, with the exception of comments and content integrated by Users into the Application, which remain under their sole responsibility.

"Parking Space" means the Host's private parking space equipped with a electric charging station.

"Service Fees" means the amount comprising (i) the technical operating and maintenance costs of the Application, the operating costs of the Service, and (ii) VIMANEK's commission as operator of the shareNplug connection platform.

"STRIPE Fees" means the disbursement fee charged by the STRIPE payment service provider for each monthly transfer made by said service provider from the STRIPE Host User account to the Host User's personal bank account provided by the latter when activating their account.

"Rental Hour" means a unit of time spent of 60 minutes from the start of the Reservation. Any hour started is considered to have been completed in full and must therefore be paid in full.

"Rental" means a fixed period of one or more consecutive Hours of provision by the Host User for the benefit of the Driver User of the Parking Space to be reserved on the Application.

"Price Driver" means the amount including all taxes comprising the Rental Price of the Parking Space and the Reservation Fees paid by the Driver User.

"Parking Space Rental Price": hourly amount determined by the Host User in return for the Rental of the Parking Space offered. This price includes a fixed amount of €0.50 corresponding to the minimum amount required by the payment service provider STRIPE for any transaction carried out online by credit card.

This price will be distributed as follows: (i) 70% paid to the Host User "Host User Remuneration" less the Fees of (ii) 30% paid to VIMANEK as Service Fees.

"Reservation" means the reservation of a time slot in the form of a Parking Space rental, by a Driver User from a Host User.

"Service" means the service offered by the Application, namely the connection by VIMANEK between Host Users and Driver Users allowing the Reservation, for a defined period, of a Parking Space in return for payment of the Parking Space Rental Price. The Service is recommended for time slots between 6 a.m. and 11 p.m. The Service includes the various features, connected or not, available in the Application.

"User" means an individual, an adult natural person who has downloaded the Application, created an account on the Application and accepted these Terms and the applicable Specific Terms of Use (STU). The User may be a Driver User or a Host User only, or both a Driver User and a Host User.

 "Vehicle" means all electric or plug-in hybrid vehicles.

 Article 2 – Purpose of the Application

The Application is a marketplace called "shareNplug" which connects Host Users who wish to make their Parking Space(s) available to Driver Users, in order to allow them, via an online Reservation system, to park their Vehicle and possibly charge, for a defined period, the battery of their plug-in hybrid or electric Vehicle only, in return for payment of the Parking Space Rental Price and Reservation Fees.

In this capacity, VIMANEK acts as a technical intermediary to connect individuals. It assumes no guarantee or liability for any agreements, offers, payments, or various communications that may take place through it and assumes no general obligation to monitor or actively seek out facts or circumstances revealing illegal activities.

Article 3 – Access to the Application and the Service

3.1 Downloading the Application

The Application is accessible on compatible mobile phones or tablets.

It can be downloaded free of charge on the User's Apple iOS and/or Android device from Apple's "Apple Store" and Google's "Google Play Store".

3.2 Creation of a User Account and Acceptance of the Contractual Conditions

Access to the Service in the Application and use of the Service requires the creation of a personal, unique, and non-transferable account by each User, via a registration form accessible on the Application, as well as the unrestricted and unreserved acceptance of the related contractual conditions (these T&Cs and T&Cs related to the User profile).

The User certifies that they have full legal capacity as defined by Articles 1145 et seq. of the Civil Code. They undertake to ensure that the information entered in their account is accurate, reliable, complete, and up-to-date. In the event of insufficient information, VIMANEK reserves the right to refuse the creation of a User account.

The User will be offered a verification process to ensure the consistency of the information entered in the account with that appearing on the identity document, which the User can upload according to the procedure described in the applicable Terms and Conditions. If the verification process is successful, the User's profile will appear on the Application with a "verified" status, represented by a blue badge.

The User account can only be used by the registered User. The terms and conditions for creating a Driver User and Host User account are described in the relevant Terms and Conditions.

Article 4 - Payment

All payment transactions are carried out securely and remotely, directly and exclusively on the STRIPE online payment platform and are subject to STRIPE's general terms and conditions, accessible via the following link: https://stripe.com/fr/legal/ssa/fr-fr.

VIMANEK assumes no responsibility for payments made via the STRIPE payment service provider on the Application. Any dispute, claim, or litigation relating to the credit and/or debit of a Charging Session, and in general, any malfunction related to the payment process, must be addressed directly to STRIPE.

Article 5 - Reviews, Chat, and Content Integrated by Users

The User, whether Driver and/or Host, has the option to evaluate their experience on the Application via a rating and review system.

The Driver User may post one review (and only one) on the Host User's profile page after the end of their Parking Space Rental. The Host User may decide to respond (only once) to the review left by the Driver User. Once the review is posted, it cannot be modified. This review will be accessible to all Users visiting the profile page of the Host User who is the subject of the review, will be published, and will be retained for a maximum period of 24 months.

Reviews are subject to moderation as described in Article 6. The Platform does not guarantee that the published reviews come from Users who have actually used the Parking Space on which a review appears. The Host User who is the guardian of the Parking Space may report any doubts regarding the authenticity of the published review by providing reasons for their request using the online form provided by the Internal Complaints Processing System. All reviews, whether positive or negative, are published.

Incidentally, the Driver User may also contact the Host User via a Chat function by clicking on the "Contact Host" button, solely for the purpose of facilitating communication between Users and for the purpose of Rental via the Application. At any time, the Host User may report any behavior that they deem abusive to the internal complaints handling system.

The User is prohibited from writing and publishing comments that violate the rights of third parties, such as intellectual property rights (including copyright and trademark rights), confidentiality, personality rights (including image and privacy), or other personal or property rights, comments or content that violates laws and regulations or is unlawful in the broadest sense, namely content referring to information, regardless of its form, which, under applicable law, is either itself unlawful, such as unlawful hate speech, or unlawful terrorist content and unlawful discriminatory content, or made unlawful by applicable rules due to the fact that it relates to illegal activities (for example, images depicting child sexual abuse, private images without consent, online harassment, the sale of products other than those intended). under these terms, etc.)

The User remains fully and solely responsible for their comments and any type of content posted on the Platform, regardless of the form (text, sounds, images, videos). VIMANEK reserves the right to delete any comment that violates these Terms and Conditions and/or to take any proportionate measures as described in Article 8 hereof.

Article 6 – Moderation

The Application includes an automatic moderation tool whose operation is based on a standardized and enriched list of terms. Moderation only applies to texts and does not apply to images.

This tool is active across the entire Application, including the Chat function.

Thus, if a User wishes to post or send a message or information containing a term included in the moderation list, a message will be displayed to the User following the attempted sending, and will be blocked/not sent; the User will then be prompted to correct the deleted term.

This moderation tool is a standard market tool and has been installed to combat the dissemination of illegal content online. However, VIMANEK provides no guarantees as to its proper functioning and cannot be held responsible in the event of absence or poor moderation of content that could be considered illegal and that does not appear on the existing list. Users remain responsible for the messages and information published and/or sent.

Article 7 – User License

VIMANEK grants the User a personal, non-exclusive, revocable, non-assignable, non-transferable, worldwide, and free right to use the Application, Content, and Service, solely for their own needs in connection with the Use of the Application and the Service, to the exclusion of any other purpose.

The User is strictly prohibited from accessing and/or using the software components of the Application for any other purpose.

The User does not acquire any other rights to the Application, Content, and/or Service other than those granted herein.

Article 8 – User Obligations and Warranties

The User undertakes to:

- Not to reproduce, even temporarily and/or partially, directly or through a third party, the Application and/or its Content, by any means and in any form whatsoever;

- Not to use any software or processes intended to reproduce and/or copy the Content;

- Not to adapt, modify, translate, transcribe, compile, decompile, assemble, or disassemble all or part of the Application, the Service, and/or the Content;

- Not to introduce into the Application any computer virus or other malware that could in any way affect the operation of the Service or any other associated website;

- Not to export the Application and/or merge it with other computer programs;

- Not to create derivative works;

-        Not to remove any element identifying copyright, trademarks, or any other indication of reserved rights;

-        Not to make any use contrary to good morals, public order, or illegal (such as, but not limited to, any content of a racial, pornographic, or sexual nature);

-        Not to publish content as defined in Article 5;

-        Not to inform VIMANEK if it becomes aware of an act of piracy and/or an illegal, illicit, or non-contractual use of the Application and/or its Content via a form accessible from the Application;

-        to process any requests for information that VIMANEK may send following receipt of a notification or an injunction to act against illegal content;

-        to process any notification request concerning it or any Any dispute, claim, or litigation by Users, Drivers, or any third party.

All Users guarantee that they hold an insurance policy covering all material and bodily damage that they may cause.

Article 9. Restrictions – Suspension – Termination

a)      Restrictions – Suspension

VIMANEK may take any appropriate and proportionate measures it deems necessary, consisting of restricting access to or suspending (hereinafter referred to as the "Restrictive Measures") all or part of the information/content posted online by the User or the User's account, subject to the sending of prior information or at the latest on the day of implementation of the Restrictive Measure decided on the basis of the following reasons:

1)  serious presumption of abusive behavior that harms the Application, these T&Cs, the law in force, the image and reputation of the VIMANEK group or the Users (notification following in particular inappropriate, discriminatory behavior, intimidation or harassment, commercial canvassing or spam);

2)  knowledge by the Platform of the existence of illicit or presumed illicit content, in particular following the receipt of a notification or an injunction to act against illegal content issued by a competent authority.

The Restrictive Measure is taken for a duration proportionate to the alleged facts, without exceeding a period of six (6) months.

The Restrictive Measure taken by VIMANEK may be contested through the internal complaints handling system indicated in Article 14.2.

If the User is unable to remedy the alleged facts, VIMANEK may delete the User's account under the conditions provided below.

b) Account Deletion

VIMANEK reserves the right to revoke the User's participation in the Application in the event of a violation of these terms and conditions, 30 days after sending a notification, which has remained unsuccessful, (which the User will have the opportunity to challenge via the internal complaints handling system), or immediately, if applicable, if the breach cannot be rectified. This decision results in the deletion of the User's account from the Application. Any deletion of the account is final and no longer allows use of the Service and the Application.

If this decision follows the application of a Restriction Measure, without the User having been able to remedy the facts alleged against them, VIMANEK will have the option of notifying the deletion of the account, subject to compliance with the notice period referred to above. This notice period will not apply if a legal or regulatory obligation requires VIMANEK to act promptly, in the event of a breach of such an obligation, for a compelling legal reason, or in the event of repeated breaches by the User of these Terms of Use. VIMANEK will not be required to provide reasons for its decision when it is required not to do so by virtue of a legal or regulatory obligation or in the event of repeated breaches of these T&Cs.

Article 10 – Availability of the Application

VIMANEK is only bound by an obligation of means with regard to the operation, access or availability of the Application and the Service. VIMANEK undertakes to make its best efforts to secure access, consultation, and use of the Application and the Service.

The Application is accessible continuously, except in cases of force majeure or the occurrence of an event beyond VIMANEK's control, and subject to any outages and maintenance interventions necessary for the proper functioning or improvement of the Application and/or the Service or due to outages or constraints related to network operation or computer failures.

Article 11 – Limitations of Liability and Exclusion of Warranties

11.1 Within the limits of applicable laws and regulations, VIMANEK disclaims all liability for the User's use of the Application and the Service and makes no express or implied warranties regarding the access, speed, performance, or quality of the Application and the Service. In particular, access to the Application may be temporarily or periodically suspended for technical reasons; if so, the technical teams will make every effort to resolve the problem as quickly as possible.

11.2 VIMANEK does not guarantee that the Application will be free from errors or anomalies or that it is not subject to attacks, including viruses, which may result in malfunctions, interruptions, outages, or loss of data or information.

Finally, it is understood that the Content of the Application is presented without any warranty of any kind, which the User expressly acknowledges.

11.3 Access to and use of the Application are at the User's own risk. It is the User's responsibility to take all appropriate measures to protect its own data and/or software stored on its telephone and computer equipment against any attack, as well as to comply with all applicable laws and regulations, including, but not limited to, energy regulations at both the French and European levels.

11.4 In any event, VIMANEK shall not be held liable:

-        in the event of non-compliance by the User with these General Terms and Conditions and/or the Specific Driver and/or Host Conditions;

-        in the event of non-compliance by the User with applicable laws and regulations, including energy regulations, or with any arrangement, agreement, or contract entered into with third parties;

-        in the event of a malfunction of the Application due to a cause, voluntary or involuntary, which is attributable to the User or which is attributable to a third party or to a malicious act, a malfunction of software, the smartphone/tablet, an interface or any other product or supply of the User;

-        in the event of a malfunction and/or failure of the computer and/or communications network, whatever the cause;

-        in the event of the publication or sending of illegal content that has not been moderated;

-        in the event of legislative or regulatory changes affecting, impacting the Application or the Service in whole or in part.

11.5 VIMANEK, in its capacity as a simple technical intermediary, is not a party to any agreement, Reservation, or transaction concluded between Users with a view to making a Parking Space available or providing one in return for payment of the Price. VIMANEK is limited to offering and facilitating access to the Service by connecting Driver Users and Host Users through the Application. Apart from the moderation tool, VIMANEK exercises no control over the exchanges that Users may have with each other before, during, and after the Rental, nor over the validity, security, or legality of the Parking Space, nor over the Rental slots proposed by Users, nor over the veracity or reliability of the information provided by Users. VIMANEK cannot therefore be held liable, in particular in the event of a Host User failing to provide a Parking Space, in the event of an unsecured Reservation, in the event of incorrect or outdated information provided by the Host User, in the event of cancellation and/or modification of a Reservation by Users, in the event of a Driver User being late, in the event of inappropriate behavior by a User, in the event of non-payment or fraud by a Driver User.

11.6 Since the User is solely responsible for the use of the Application, he/she acknowledges that VIMANEK cannot be held liable for any direct or indirect damages, including material damage, immaterial or tangible damage, loss of data or programs, financial or moral damage, resulting from access to or use of the Application, or due, in particular, to the interruption, suspension, modification or cessation of the Application/Service or any of its elements.

11.7 VIMANEK does not implement any system for ranking Parking Spaces published by Host Users, which could prioritize the order in which the Terminals are presented. The offers are presented on a geographical map based on the address of the Parking Space declared by the Host User. The User will have the ability to zoom in/out on an area of ​​the map, in order to display more or fewer Parking Spaces.

Article 12– Personal Data

When using this website/application, your personal data is processed under the conditions detailed in VIMANEK's personal data protection policy, accessible here https://www.pluginn.app/donnees-personnelles/  

Article 13– Intellectual Property

The Application and its Content, the trademarks, including VIMANEK and shareNplug, the logos, and distinctive signs are protected by intellectual property rights and are the exclusive property of VIMANEK.

Any reproduction, representation, adaptation, use, translation, or modification, by any means whatsoever and on any medium whatsoever, of all or part of the Application and/or the Content without obtaining prior authorization from VIMANEK is strictly prohibited and constitutes an infringement punishable by three years' imprisonment and a fine of €300,000.

The reproduction, imitation, use, or affixing of the trademarks reproduced in the Application without obtaining prior authorization from VIMANEK constitutes an infringement punishable by four years' imprisonment and a fine of €400,000.

Subject to the provisions of these Terms of Use, the User may not copy, modify, reproduce, or represent partially or in full, in any form whatsoever, the information and elements appearing on the Service, nor intervene on the Service, nor attempt to decompile the software of the Application, nor create derivative works, nor act in a manner infringing the intellectual property rights of VIMANEK and third parties having authorized VIMANEK to use them. The use of an intellectual property right of VIMANEK or of a third party that has authorized VIMANEK to use it, not expressly authorized by the T&Cs, is strictly prohibited.

Generally speaking, the User does not acquire any ownership rights of any kind over the know-how, company names, trade names, trademarks, copyrights, logos, or any other intellectual property rights related to VIMANEK.

Article 14 – NOTIFICATIONS – COMPLAINTS – DISPUTES BETWEEN USERS

14.1 Reporting on Reviews

The User may make any specific and substantiated notification electronically, in order to report the presence on the Application of content that he considers to be illicit. These notifications are subject to verification by VIMANEK, which reserves the right to retain this qualification or not and to take targeted and appropriate Restrictive Measures. The decision taken by VIMANEK will be notified to the complainant if he has identified himself and may be subject to appeal, in particular through the internal complaints processing system. If, for technical or operational reasons, VIMANEK cannot take action directly, it will inform the complainant.

14.2 Complaints or Disputes Regarding the Booking

Complaints or disputes regarding the Booking must be raised directly between Driver Users and Host Users.

VIMANEK is only an intermediary and cannot be held responsible for disputes arising solely between Users.

14.3 Internal Complaint Handling System on the Application

The Platform has implemented an internal complaint handling system on the following topics:

-       Alleged breach by the Platform related to the provision of online intermediation services and affecting the complaining User;

-       Technological issues directly related to the provision of intermediation services and affecting the complaining User;

-       Restrictive measures taken by VIMANEK or its behavior directly related to the provision of online intermediation services and affecting the complaining User.

Regarding restrictive measures taken by VIMANEK following a notification or on the grounds that the information/messages provided by the User are considered unlawful or incompatible with the T&Cs, the User may file a complaint within a period of 6 months following notification of said measure.

VIMANEK undertakes to process complaints within a timeframe compatible with the complexity and importance of the issue raised and to provide a response to the complaining User.

Decisions taken in Complaints submitted through VIMANEK's internal complaints handling system are subject to extrajudicial recourse under the terms of Article 25 or judicial recourse.

All requests must be addressed to the internal complaints handling system (customer support) available via a form accessible from the Application.

Users will be able to handle any issues they encounter via a form accessible from the Application, during business hours (between 9 a.m. and 5 p.m.), and on weekdays from Monday to Friday.

Furthermore, a Frequently Asked Questions section, accessible from the Application and online (https://support.pluginn.fr/hc/fr), allows Users to learn about the Service independently, particularly on the following main topics:

- User account: create and manage your User account (change your email address, complete or modify your profile), delete your account, create a new profile, log in to their account, save and modify their Vehicle information, etc.;

-        Parking Space Reservation: manage your reservations (view, make, modify, or cancel a reservation), find a suitable Parking Space, etc.;

-        Charging: start/end a Rental, perform an arrival/departure inventory, track the current charge, etc.;

-        Payment: understand how payment works via the STRIPE payment service provider on the shareNplug platform (make/receive a payment, understand the deadlines, request a refund), etc.;

-        Communication: report a User, contact customer support, communicate between Users.

14.4 Customer Service – Mediation

In the event of a dispute regarding the technical operation of the Platform or a claim following a restrictive measure implemented by the Platform, any User may contact customer support, which may act as an intermediary in resolving a dispute. Disputes concerning the Reservation must, in any event, be raised directly between the Driver Users and the Host Users.

If the User is a consumer within the meaning of the Consumer Code and has not received a satisfactory response to his complaint or in the absence of a response within one (1) month, he may contact the VIMANEK Mediator by writing to the following address: Médiation Cmfm, 93/95 Avenue du Général Leclerc 75014 Paris or on its website www.mediationcmfm.fr.

If the User resides within the European Union, they also have the option, particularly and primarily for complaints related to an online purchase, to use the online dispute resolution platform for services provided by European Union companies, made available to all European citizens by the European Commission, by going to the following link: http://ec.europa.eu/consumers/odr.

The complaints and/or mediation procedures apply without prejudice to the User's right to bring an action before the competent courts.

Article 14 – Applicable Law

These T&Cs and the Specific Conditions for both Drivers and Hosts are governed by French law and shall be interpreted and applied in accordance with it.

Any dispute relating to the execution or interpretation of these T&Cs or the Specific Conditions must first be the subject of an attempt at amicable settlement between the parties before being submitted to the jurisdiction of (i) the territorially competent court in the event of a dispute with a non-trader, or (ii) the Paris Commercial Court in the event of a dispute with a trader.

Article 15 – Update of the T&Cs and Specific Conditions

The applicable Terms and Conditions and Specific Conditions are those in effect on the date the User connects to and uses the Application.

VIMANEK reserves the right to modify and update these Terms and Conditions and the Specific Conditions without notice, at any time.

Where applicable, modifications and updates will be binding on the User as soon as they are published on the Application. It is the User's responsibility to consult the Terms and Conditions and the Specific Conditions in effect each time they connect.

Any significant modification will take effect on the date indicated in the notification sent to Users in their Customer Area and at the earliest within 15 days of the notification, except for modifications made necessary by legal or regulatory obligations or in the event of an unforeseen and imminent danger requiring the implementation of modifications to combat fraud, malware, spam, or violations. data or other cybersecurity risks.

The amendments will not apply to transactions that are in progress on the effective date.

Article 16 – Miscellaneous Provisions

16.1 No Waiver

The failure of either party to enforce a clause of these T&Cs or the Specific Conditions shall not be construed as a temporary or permanent waiver of the provision in question, which shall remain in effect.

16.2 Invalidity of a Clause

If one or more provisions of these T&Cs or the Specific Conditions are declared invalid, void, or unwritten pursuant to applicable regulations, a change, or following a final decision by a competent court, the other provisions shall retain their full force and effect, and the parties undertake to implement a valid replacement provision of equivalent scope as soon as possible that is as close as possible to the spirit of these T&Cs.

16.3 Force Majeure

Expressly considered as cases of force majeure, in addition to those usually recognized by the case law of French courts, are bad weather, governmental and legal restrictions and changes, computer breakdowns and malfunctions of telecommunications networks, failure of VIMANEK servers, and any other case beyond the express control of VIMANEK.

SPECIFIC CONDITIONS OF USE OF THE SERVICE BY THE HOST USER

These Specific Terms of Use (hereinafter "STU") govern the use of the Application provided by VIMANEK SAS, a company with a capital of €533,941,113, whose registered office is located at 122-122 bis avenue du Général Leclerc - 92100 Boulogne-Billancourt, registered in the Nanterre Trade and Companies Register under number 780 129 987 (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 herein.

The user is required to read these terms and conditions carefully within the application before accepting them and accessing the service.

1. Creating 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 and terminated. It may take up to 48 hours for the account to be effectively closed.

In the event of a Host User account being closed:

-        Reservation requests sent to the Host User or those already confirmed by the Host User will all be cancelled. The conditions for refunding Reservations are defined below.

- 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 (last name, first 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 allowing them to receive compensation: last name, first name, telephone number, address Email address, postal address, bank details (IBAN), and proof of identity (passport, ID 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 will also be required to provide the Rental Price for the Parking Space based on an hourly rate. Please note that when the Application is launched, the Parking Space Rental Price includes a fixed amount of €0.50, corresponding to the minimum amount required by the payment service 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 has the option to provide additional information on the activities that the Driver User may find around the Rental, 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 agrees to ensure that the information provided is regularly updated so that Driver Users have access to accurate, precise, reliable, and complete information.

3. Managing 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.

They can accept or reject Reservation requests. It is specified that the Host User has a period of twenty-four (24) hours to respond to a Reservation request. In the absence of a response within the aforementioned period, the Reservation request will be considered refused and a notification of refusal will be sent to the Driver User who made the request. The User may refuse to receive alerts by notification via the Application and will then be informed by simply receiving a message via the Application's messaging system.

If the Host User has multiple Reservation requests for the same date and time slot, the Reservation confirmation sent to a Driver User automatically results in the cancellation of the requests from 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 intelligible 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 responsibility of the Host User to provide 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 safety 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 instructions required by the installer, that the connection of the charging station to the vehicle does not encroach on the property of a third party or the public domain, 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 to their vehicle by making the Charging Station available and having all the necessary authorizations to do so.

5. Occupancy of the Parking Space by the Driver User

The Host User is alerted by a notification at 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 carried out the inventory upon arrival and/or the inventory upon departure.

In the event that the Host User notices any disorder or damage, particularly to the Parking Space, they may contact the Driver User concerned to discuss the matter and, if necessary, hold the latter liable. He will also have the opportunity to contact customer support, who will, where possible, make every effort to assist in resolving the dispute.

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

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 in their STRIPE Connect account at the end of each Rental (i.e., 70% of the Parking Space Rental Price).

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 for which was provided when opening the STRIPE Connect account, on the first 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 gives rise to a flat-rate fee of €1 (STRIPE Fee) charged by the payment service provider STRIPE, regardless of the amount. 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

7.1Cancellation of the 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 result in a financial penalty. However, cancellations disrupt the plans of Driver Users and may undermine their trust in the "shareNplug" community. The Host User is also exposed to legal action by 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 request any compensation whatsoever.

7.2 Inability of 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 the equipment is not usable, the Driver User will be reimbursed for 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. They also risk recourse from Driver Users. These penalties may, for example, take the form of a downgrade of their rating, a temporary suspension, or a ban from accessing the Service. These penalties 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 potential sanctions.

7.3Cancellation of the Reservation by the Driver User

The Driver User has the option to 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 receive a refund. The Host User then remains 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 is maintained until five (5) minutes before the end of the Rental. The Driver User must leave the Parking Space at the initially scheduled departure time. The delay has no impact on 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.

·       Departure of the Driver User 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 rate is indivisible.

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

·       Departure of the Driver User 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 opportunity 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 said Rental, without prior cancellation, they will receive a notification to contact the Host User. The Host User will remain credited with their Remuneration.

8. Liability / Guarantees

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 co-owned. The Parking Space must be installed on private property or, if installed within a condominium, 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 possible damages inherent to 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 level;

- Refrains from violating or circumventing in any way any applicable law or regulation, any arrangement, agreement, or contract entered into with third parties, whether or not verbally or in writing, 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 generate 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 current 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 an individual or a professional, is liable for tax on income generated through the Application.

The Host User is therefore required to declare the income generated 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 in connection with these questions, 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 French General Tax Code, VIMANEK, in accordance with its transparency and information obligations, will inform each Host User of the amount collected and the total number of transactions carried out. Given the obligations referred to in 3° of the same article, the same information concerning Host Users will be communicated by VIMANEK to the tax authorities.

SPECIFIC CONDITIONS OF USE OF THE SERVICE BY THE DRIVER USER

These Specific Conditions of Use (hereinafter "CSU") govern the use of the Application made available by VIMANEK sas with a capital of €533,941,113, whose registered office is located at 122-122 bis avenue du Général Leclerc - 92100 Boulogne-Billancourt, registered in the Nanterre Trade Register under number 780 129 987 (hereinafter "VIMANEK") by the Driver User.

These T&Cs supplement and supplement the General Terms of Use of the Application. All clauses and stipulations of the General Terms of Use of the Application apply to these T&Cs.

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

The Driver User acknowledges having previously verified the suitability of the Service for their needs and acknowledges having received all the necessary information to register with full knowledge of the facts.

1. User Account – Personal Profile and Payment Methods

In order to use the Service, the Driver User must have a User account on the shareNplug Application and provide a payment method.

1.1 Account Creation

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

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

Each time they log in, the Driver 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 Driver User can access their account settings via their personal profile in the Application and update certain information. They can also delete their User account; The User account will then be closed and the Reservations canceled; the actual closure of the account may take up to 48 hours.

The conditions for refunding Reservations are defined below.

The Driver User may, if they wish, upload proof of identity (passport, identity card, or driver's license), which will allow a consistency check of the information entered in the Host User account with that appearing on the identity document.

This consistency check operation, carried out by the STRIPE platform, takes between a few minutes and 72 hours. The Driver User is notified of the success or failure of the verification. If the operation fails, the Driver User is prompted to try again. If the operation is successful, the Driver User will be designated a "verified" user, represented by a badge.

The Driver User may decide not to proceed with this operation when creating their account, and may do so at any time by visiting their profile.

1.2 Payment Terms

To reserve and pay for the Reservation, the Driver User must enter their credit card number, expiration date, and CCV on the payment service provider STRIPE's payment website after accepting its General Terms of Use. The Driver User may or may not save their payment information for future transactions. If they decline, they will be prompted to re-enter this information for each transaction.

2. Searching for and Reserving a Parking Space

The Service is available from 6 a.m. to 11 p.m.

The Driver User can search for a Parking Space on the map displayed in the Application and check its availability on the desired date and time, as well as the suitability of the charging station's plug/cable type for their Vehicle.

To do this, the User is asked to identify their Vehicle.

Prior to confirming a Reservation, the User must check the date and time of the Reservation, that the chosen Parking Space is compatible with their Vehicle and that the proposed price is suitable. The Driver User may contact the Host User once a Reservation request has been confirmed by the Host User, via the Application's messaging system.

The Driver User may reserve one or more Rental Hours based on the available hours proposed by the Host User; in any event, the Driver User may not reserve less than one hour.

The Driver User's Reservation request is then sent to the Host User, who may accept or reject it within twenty-four (24) hours of submitting the request. In the absence of action by the Host User within twenty-four (24) hours, the Reservation request will be automatically rejected.

The Driver User receives a confirmation or rejection notification of the Reservation by notification if they have accepted notifications or in the Application. The User may refuse to receive alerts by notification via the Application and will then be informed by simply receiving a message through the Application's messaging system.

If the Driver User has made multiple Reservation requests on the same date and time slot, confirmation of the Reservation by a Host User automatically results in the cancellation of the other requests.

In the event of confirmation of the Reservation by the Host User, the Driver User receives the necessary information, including information relating to access to the Parking Space, before the scheduled Reservation time.

3. Payment

By confirming their Reservation, the Driver-User must pay the full Driver Price (Parking Space Rental Price determined by the Host-User plus the Reservation Fee). The hourly Rental Price cannot be split or billed pro rata, even if the Driver-User arrives late or departs early compared to the Reservation time slot.

The total amount of the Driver Price is subject to a payment pre-authorization at the time of the Reservation by the payment service provider STRIPE. This pre-authorization is made using the credit card information provided by the Driver-User. This ensures solvency.

The Driver User may request a VIMANEK invoice for the Reservation Fees after each Reservation, as proof and evidence of payment.

Furthermore, a summary receipt of the price paid may also be provided.

Actual payment is only made once the Reservation has been confirmed by the Host User.

4. Use of the Parking Space

The Driver-User must respect the Rental date and time(s). They agree to use the Rental for strictly personal purposes.

The Driver-User guarantees that their Vehicle complies with current standards and is insured for the entire duration of use of the Service.

Upon arrival at the Parking Space, the Driver-User must perform an inventory. They must photograph the parking space, the charging station equipment, and the battery percentage of their Vehicle after plugging it in. It is hereby specified that the Driver User is prohibited from photographing and/or including in the photographs any identifying elements, such as natural persons, nearby vehicle license plates, numbers and/or street names.

Once the entry inventory has been completed, the Driver User may begin their Rental.

At the end of the Rental, the Driver User must close their Rental and complete an exit inventory. They must photograph the parking space, the charging station equipment, and the battery percentage of their Vehicle after disconnecting it. It is hereby specified that the Driver User is prohibited from photographing and/or including in the photographs any identifying element, such as natural persons, nearby vehicle license plates, numbers and/or street names.

The Driver User will receive confirmation of the closure of their Rental by notification or in the Application if they have refused notification.

From arrival to departure, the Driver User agrees to comply with all instructions and conditions of use of the Parking Space, as transmitted by the Host User via the Application and/or given by the Host User on site.

They agree not to damage the Rental Space made available to them or any other element present, to respect the surrounding environment, in particular the tranquility of the Host User and the neighborhood, and the cleanliness of the premises.

The Driver User is responsible for the safety of their Vehicle.

In the event of a dispute from a Host User regarding a problem or damage, the Host User concerned will have the option to contact the Driver User to discuss the matter and, if necessary, hold the latter liable. They will also have the option to contact customer support, which will, where possible, make every effort to assist in resolving the dispute.

The Driver User guarantees that they hold an insurance policy covering all material and bodily damage that they may cause to the Host User with their Vehicle and/or as a result of their Rental.

5. Cancellation/Modification of a Reservation

5.1Cancellation of the Reservation by the Driver User

The Driver User may cancel a Reservation request that has not yet been confirmed by the Host User; The Charge Session Price (excluding the Booking Fee) will then be refunded.

The following rules apply in the event of cancellation after the Booking 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 Booking and receive a refund of the Rental Price (excluding the Booking Fee) through the issuance of a credit note.

- Less than two hours before the scheduled start of the Rental, the Driver User may cancel the corresponding Booking, but will not receive a refund of either the Rental Price or the Booking Fee.

Refunds will be issued to the credit card used for the initial payment, within 3 to 7 days (depending on the banking institution).

In any case, the Driver User who has canceled their Booking may not request no compensation.

5.2  Modification of the Reservation by the Driver User

·       Lateness of 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. They will not be entitled to any refund of the Price pro rata to their delay, as the price for one hour is indivisible. The Rental Price and the Reservation Fees will be fully payable by the Driver User.

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 a property inventory.

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

·       Departure of the Driver User before the end of the Rental

The Driver User may leave the Parking Space before the end of the initially scheduled Rental. They will not be entitled to a pro rata refund for the unused time corresponding to their early departure, as the price of one hour is indivisible.

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

·       Departure of the Driver User after the end of the Rental

If the Driver User extends the initially scheduled Rental by less than ten (10) minutes, they are recommended to contact the Host User to notify them of this extension of the Rental. 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 opportunity 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.

Excessive extensions may result in a downgrade of the "rating" of the Driver User or a temporary or permanent suspension of their account, at the discretion of the shareNplug platform, without the latter being able to request any compensation whatsoever.

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 does not show up at the Rental more than fifteen (15) minutes before the start of said Rental, without prior cancellation, they will receive a notification to contact the Host User. The Driver User will not be entitled to any refund of the Driver Price paid.

5.3 Cancellation of the Reservation by the Host User

The Driver User may have their Reservation canceled by the Host User. In this case, they will receive a notification and will be refunded the Driver Price paid (Rental Price and Reservation Fee). The Reservation Fee will be credited by VIMANEK.

5.4 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 the equipment is unusable, the Driver User will be refunded the Driver Price paid and will not be entitled to any compensation. The Driver User may contact the Host User to resolve the dispute amicably or may contact customer support.