Terms and Conditions

General information

These Terms and Conditions govern the legal relationship between the Company and Clients who are properly registered in the “Charge4All” mobile application, which enables access to the electric vehicle charging station network operated by a Third Party (“the Service”).

The “Charge4All” mobile application offers each Client, upon successful registration, the opportunity to access its content, including information about selected Charging Stations that are part of the network operated by the Third Party, such as: exact location data, power, type, number of charging points, available capacity, and pricing information for the service provided by the selected charging station.

Definitions

“Mobile Application” (“Charge4All Mobile Application”) – an internet-based mobile application managed by the Company, used to provide the Service;

“Client” – a natural or legal person registered as a user of the Service, who has explicitly agreed to these Terms and Conditions. Each Client's acceptance of these Terms and Conditions is deemed properly and validly completed upon their registration in the Charge4All Mobile Application operated by Delkasoft SRL, and requires the provision of a valid and up-to-date email address and the submission of a payment card used to pay for the Service;

“Company” – Delkasoft SRL, a Romanian legal entity, with its registered office in Sfântu Gheorghe, Bartok Bela Street no. 4, Covasna County, VAT no. 29594343, registered with the Trade Registry under number J2012000015140, acting as an intermediary between the Client and the Third Party operating the charging stations;

“Service” – the delivery of electric energy to the Client, provided by the Third Party via the Application for the purpose of charging the Client’s electric vehicle;

“Charging Station” – a fully assembled technical product included in the network of charging stations operated by the Third Party, providing the necessary capacity and energy to charge the batteries of electric vehicles;

“Third Party” – any provider with whom the Company has a contractual relationship for the provision of charging stations and electric energy, who operates the electric charging stations and supplies the electric energy;

“Electric Vehicle” – a motor vehicle equipped with at least one non-peripheral electric device as an energy converter, with a rechargeable electric energy storage system that can be charged using an external power source.

 

Purpose of the terms and conditions

• Under these Terms and Conditions, the Company provides the Client with a comprehensive electric vehicle charging service through the publicly accessible “Charge4All” Charging Station network. The Client undertakes to use and operate the Charging Stations properly, in accordance with the rules set out in this document, and to pay the Company all amounts due under the applicable tariffs, as well as any penalties, fees, compensation, and other amounts arising from these Terms and Conditions.

• To use the service offered by the Company, the Client must download the “Charge4All” mobile application on their mobile device from the “Google Play” or “Apple Store”, depending on the operating system of the device they are using.

• Before completing the proper registration in the mobile application, the Client is required to familiarize themselves with the Terms and Conditions in effect at the time of registration, which are available in the “Charge4All” mobile application.

• To use the Service, the Client must complete a correct registration by creating a user account in the “Charge4All” mobile application, which will grant access to the Service provided by the Company and must agree to and accept these Terms and Conditions.

• During the registration process in the “Charge4All” mobile application, the Client is required to provide the Company with their full name, phone number, and email address (used to access the Service and for official correspondence between the parties), a payment card (which the Client guarantees they are authorized to use for making payments), identification data of the Electric Vehicle (model, battery capacity, license plate number), and a billing address. These details serve to specifically identify the Client.

• Upon initial registration in the Mobile Application, the Client creates their own password to gain access to the content of the “Charge4All” Mobile Application and to the Service.

• Access to the Mobile Application is granted to the Client after correctly entering the username – the email address – and the selected password in the designated fields. Therefore, the Client is obligated to keep this information secure and not disclose it to third parties. Otherwise, in the event of misuse of their identification data, the Client shall be held responsible and required to pay the Company the amounts due for the use of the Service through their user profile in the “Charge4All” mobile application, unless they have notified the Company in accordance with the procedure set out in Article 2.8 of these Terms and Conditions.

• If the login credentials for accessing the Mobile Application become known to third parties or are lost, the Client must immediately notify the Company by sending a message to the following email address: info@chargeforall.app or by calling, during business hours (on each working day from 09:00 to 18:00), the phone number: +40746143888 or by contacting the Customer Service Centre at support@chargeforall.app.

• The Client is required to ensure compliance with all reasonable security measures, including but not limited to antivirus programs, when using hardware, software, or other computer equipment while connecting to the Mobile Application, and is responsible for any consequences resulting from insufficient protection of the device used to access the “Charge4All” Mobile Application.

• If the security of the software and/or the identification data required to access the Mobile Application is breached or compromised, the Company, upon the Client’s written and express request, will provide the Client with a new access password, and the Client shall be obliged to immediately change the existing password.

• The Client is responsible for the safekeeping and use of their data, which identifies them in relation to the Company via the Mobile Application and enables normal correspondence. The Client also undertakes, both upon and at any time after accepting these Terms and Conditions and registering as a Client, to confirm that such data is valid and up to date, and that they have not engaged in any misuse and/or unauthorized access to another person’s data and/or payment methods. Furthermore, the Client agrees to update such data immediately if it becomes outdated within the Mobile Application. The Company shall not be held liable for any data entered incorrectly or incompletely by the Client during registration in the Mobile Application or for any changes made to previously entered data.

• The approval of a user account in the Mobile Application will occur after the completion of the registration process.

• The Company may refuse to approve a Client’s user account or may deactivate an already approved account for security reasons or to protect its operations against fraud, including in cases where it determines that invalid data was provided during the Client’s registration in the Mobile Application and/or if there are sufficient grounds to believe that a particular Client is not acting in good faith.

• By properly completing the registration process in the “Charge4All” Mobile Application, the Client expressly declares that they have read and accepted the Terms and Conditions governing the use of the Service.

• The Company reserves the right to unilaterally amend these Terms and Conditions, the Price List, and/or the content of the Mobile Application’s electronic system and/or the functionalities of the “Charge4All” system in order to implement new technologies, features, technical or administrative procedures, or new procedures related to the provision of the Services. Clients will be notified of such changes by publication of the updated version in the Mobile Application, in accordance with the applicable Romanian legislation.

• If the Client does not agree with the amended Terms and Conditions, they may cancel their account in the Mobile Application and cease using the Services.

• By accepting these General Terms and Conditions and the Privacy Policy when using the Mobile Application, the Client makes an explicit declaration of their intent and agrees to enter into a contractual relationship with the Company for the use of electric vehicle charging services provided through the Charging Station network, as of the date of the Client’s registration in the Mobile Application.

• The Client expressly consents and acknowledges that these Terms and Conditions, confirmed electronically at the time of registration in the Mobile Application by ticking the checkbox in the relevant field, are deemed validly accepted and binding. They produce the same legally binding effects as the Client’s handwritten signature on written documents and shall be admissible as evidence before courts, state authorities, other administrative bodies, and any other dispute resolution institutions.

• The Terms and Conditions are accepted by the Client and become binding upon the Client from the moment they begin using the “Charge4All” Mobile Application, as such use constitutes confirmation that the Client agrees to and undertakes to comply with the current and effective version of the Terms and Conditions established by the Company. Accordingly, the moment of conclusion of the distance contract is the moment following the acceptance of the Terms and Conditions. For the purpose of providing the Electric Vehicle Charging Service within the Charge4All Charging Station Network, the Company processes the Personal Data provided by the Client (to the extent and only if such data is provided for the purpose of delivering the Service), in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR), as well as in accordance with the Company’s Privacy Policy.

• If the Service is used through a registered account of a legal entity (corporate account), the Company is entitled to process the Personal Data of individuals who use the Service via the corporate account. In such cases, the Client (account holder) is responsible for ensuring that explicit consent is obtained from the individuals using the Service through the registered Mobile Application account, i.e., from the individuals whose data will be processed by both the Company and the Client. The Client is responsible for the processing of personal data of the persons to whom they have granted access to use the Service via the corporate account registered in the Application.

• By registering in the Mobile Application and accepting the Privacy Policy (by ticking the checkbox in the relevant field), the Client declares that they are aware of the potential risks associated with the use of electronic communication means and expressly consents to the Company processing the provided Personal Data (email, name, address, etc.) through automated or other means, for the purpose of concluding, managing, and performing the contract with the Company, namely these Terms and Conditions, and for the proper provision of the Service.

• The Company reserves the right to refuse the Client’s registration in the “Charge4All” Mobile Application if the Client has not given explicit consent by accepting the applicable Terms and Conditions and the Privacy Policy, or if incomplete and/or inaccurate data is provided, or if other necessary information required for proper registration in the Mobile Application is missing.

• The Company also has the right to refuse the Client’s registration if the Client does not consent to the processing of Personal Data necessary to verify their status as a Service Client, or in the event of the Client’s failure to fulfill obligations towards the Company arising from a previous use of the Service.

• After the Client accepts the General Terms and Conditions and properly registers in the “Charge4All” Mobile Application, they are entitled to use the Service in accordance with the terms and rules set out in these Terms and Conditions, by using the Mobile Application and paying the applicable Service fee through the application.

• The electric vehicle charging service provided by the Company may only be used at publicly accessible Charging Stations that are connected to the charging infrastructure managed by the Third Party.

• The Charging Stations are listed in the Mobile Application, and the parameters of each station are specified within the app, including the type of charging station (fast charging/direct current or standard charging/alternating current), its owner, and exact location.

• To enhance the user experience of the Mobile Application, the Client will have the option to share their real-time location, which will not be stored by the Company, in order to view nearby charging stations. If the Client chooses not to share their location, the Mobile Application will, by default, display charging stations in the Brașov, Romania area.

• The “Charge4All” Mobile Application may also be accessed via a “guest mode” option, which allows the Client to view and access charging stations within the Charge4All network without creating a user account. In this case, the Company will request the Client’s personal data required for billing purposes (name and surname, address), without storing it. The “guest mode” option can only be accessed after accepting these Terms and Conditions.

 

Service price. Payment methods.

• To use the Service, the Client is required to specify the selected payment method in their account within the “Charge4All” Mobile Application and to provide the necessary data for this purpose, to ensure accurate reporting of the Service used through the Client’s account.

• Each Client who has accepted these Terms and Conditions is granted the right to access and use the Service provided by the Company, by making payment via a bank card (credit/debit card) within the Mobile Application. Single-use bank cards are not accepted as a payment method. The payment card data provided by the Client is not stored in the “Charge4All” Mobile Application, and the Company will not have access to such data.

• The unit of measurement for the Service provided by the Company is expressed in credits, with 1 credit equivalent to 1 kWh. The price per kWh, as well as the estimated total cost of the charging session, will be displayed in the Application and must be accepted by the Client before the charging session begins.

• At the time the Order is placed, and the charging session begins, a fixed amount between 50 and 300 RON will be pre-authorized (blocked) on the Client’s card for the ordered charging session. This amount will be charged to the card at the end of the charging session. The Company reserves the right to block the maximum amount of 300 RON for each charging session. If there is a discrepancy between the blocked amount and the amount actually charged at the end of the charging session, the difference will be refunded to the Client’s bank account, subject to the payment processing procedures of the card issuer. For the avoidance of doubt, the refund of the difference is not dependent on the Company and is solely subject to the processing time and procedures of the issuer of the payment card used.

• By starting a charging session for an Electric Vehicle through their account in the “Charge4All” Mobile Application, the Client agrees that the charging service provided by the Company shall be initiated at the Client’s request. The Company will debit the amount due for the Service from the Client’s registered payment card or from the Client’s predefined credit limit, in accordance with the Company’s current Price List, until the initiated session is properly concluded.

• At the beginning of each charging session, if the pre-authorization amount cannot be blocked on the payment card used, the electric vehicle will not begin charging. In such cases, the Client must change the payment method to another valid bank card with sufficient available balance to complete the payment.

• The Company is not responsible for any additional fees resulting from the policies of the Client’s bank, financial institution, or the company managing the Client’s payment card.

• Payments are processed through the platform operated by Netopia Payments, and the contractual relationship regarding the execution of the payment is established directly between the Client and Netopia Financial Services SA (Netopia). The Client acknowledges that Delkasoft SRL is not a provider or operator of digital payment services.

• The Company shall not be held liable for any damages resulting from the execution of the payment and/or from delays or cancellations of payments caused by the digital payment service provider.

• By agreeing to these Terms and Conditions, the Client declares that the Netopia Payments platform provides adequate digital security guarantees and releases the Company from liability regarding potential digital security breaches, cyberattacks, hacking, incidents involving computer viruses, trojans, malware, service outages, and other such incidents in connection with the Mobile Application.

• By making the payment through the Netopia Payments platform, the Client agrees to the terms and conditions available at the following address: https://netopia-payments.com/termeni-si-conditii-generale/.

• At the end of the charging session, the Client will receive the invoice for the Service via email, based on the information provided in the Application.

• The Client understands and accepts that they are not entitled to a right of withdrawal (right of return) from the contract, even if they are within the 14-day period from the moment the charging session took place. This is because the charging service is fully performed, at the Client’s request, before the expiration of the 14-day withdrawal period. For the avoidance of any doubt, contracting the charging Service through the Mobile Application constitutes both your explicit request and your express prior consent for the Company to begin the provision of the charging Service within the 14-day period during which you would otherwise have had the right to withdraw. In such a case, following the issuance of the request and expressing prior consent—by initiating the charging Service through the Mobile Application—the Company shall proceed to provide the charging Service. Therefore, once the charging session has been completed, you will no longer be entitled to withdraw from the contract.

• The Company reserves the right to unilaterally modify the price of the Electric Vehicle charging Service applicable to each individual Charging Station within the “Charge4All” Network at any time. Such changes shall take effect immediately upon being displayed in the “Charge4All” Mobile Application.

 

Client’s rights and obligations

• The Client is required to ensure that the charging of the Electric Vehicle starts and ends properly, in accordance with these Terms and Conditions and the instructions provided at the charging stations.

• The Client must use the Charging Stations within the Charge4All network in good faith, taking all necessary precautions.

• The Client is obliged to familiarize themselves in advance with the instructions for using the Charging Stations before starting any Electric Vehicle charging session. Such instructions are displayed on the relevant Charging Station.

• By starting a charging session, the Client confirms that they are familiar with the instructions and the risks associated with the use of the Service. If damage occurs to a Charging Station due to the Client’s fault, the Client shall be liable to pay compensation equal to the damage suffered by the Third Party, which is the entity operating the charging stations. The Company acts solely as an intermediary and will provide support in identifying the person responsible for the damage caused to the Third Party.

• To ensure that the charging session has started correctly, the Client is required to check the information displayed on the screen of the Charging Station.

• Charging begins once the Client has connected the Electric Vehicle to the Charging Station in accordance with the applicable rules and after the user account has been properly identified in the Mobile Application.

• The Client is responsible for ensuring that the battery of the Electric Vehicle to be charged is compatible with the respective Charging Station and that the Electric Vehicle can be charged at that station, in line with current Charging Station standards.

• The Client acknowledges that the Service and all rights thereto are the exclusive property of the Company or of Third Parties with whom the Company collaborates.

• The content of the Service is protected by trademark and/or other intellectual property rights. The Client is not entitled to use and/or allow the use of the Company’s trademark and/or logo in any way, nor shall they be considered a licensed user of any industrial property rights owned by the Company. 

• The Client agrees not to use the Service for any purpose other than personal and non-commercial purposes that are not similar to the Company’s activities.

• The Client is liable and agrees to compensate the Third Party in the event that the Charging Stations are damaged due to the Client’s failure to comply with any of the obligations set out in these Terms and Conditions.

• If the Client fails to comply with the rules for using the “Charge4All” application or the charging stations, or if the payment for the Service is not made due to the Client’s fault (e.g., fraud), thereby causing damage to the Company and/or the Third Party, the Company reserves the right to permanently restrict the Client’s access to the application. In such cases, the Client will automatically be placed on a “blacklist,” preventing them from accessing the application in the future.

 

Company’s rights and obligations

• The Company undertakes to provide the Client with access to the Electric Vehicle Charging Service via the “Charge4All” charging station network through the Mobile Application, on a continuous and uninterrupted basis. However, the Company does not guarantee that the Mobile Application will always be available, timely, error-free, or uninterrupted. The Mobile Application and the Charging Service are provided “as is”, without the Company assuming any specific standards of quality, quantity, or compliance.

• The Company shall not be held liable for damages in the following cases:
  • The device used by the Client to access the Mobile Application, the data transmission network, or related functionalities is not functioning properly;
  • The Service is suspended due to reasons beyond the Company’s control and for which the Company cannot be held responsible;
  • The Client uses the Service incorrectly;
  • In other cases provided for in these Terms and Conditions.

• The Company shall not be held liable for the parking of the Electric Vehicle by the Client in violation of applicable regulations or specific rules governing parking/staying in a given location.

• The Company shall not be liable for any interruptions and/or damages in the electricity supply provided by electricity distribution companies operating in Romania, or for damages to internal networks at locations where Charging Stations are installed.

• The Company shall not be liable for the early interruption of charging sessions initiated by the Client, if the cause of such interruption lies outside the Company’s control.

• The Company shall not be liable for any loss or damage resulting from the enforcement of legal provisions, actions taken by public authorities, acts of war, states of emergency, sabotage, shortages or delays in deliveries, failures in data or communication links, strikes, movement restrictions, or any other similar circumstances beyond the Company’s control that qualify as force majeure under the Romanian Civil Code. This exemption from liability for strikes and blockades also applies when such events directly affect the Company.

• The Company’s liability is limited exclusively to damages that are the direct and immediate result of an intentional breach of these Terms and Conditions and/or applicable mandatory legal provisions. 

• Under no circumstances shall the Company be held liable for any indirect damages suffered by the Client and/or their property during or in connection with the use of the Service.

 

General provisions. Complaints.

• Information regarding transactions carried out by the Client is available in their personal account within the “Charge4All” Mobile Application.

• The Company and its Third-Party service providers may retain data related to the charging sessions (charging time, location, costs, etc.) for as long as necessary, in accordance with the applicable legal and contractual provisions governing the processing of personal data.

• A Client wishing to file a complaint regarding the Services provided by the Company must notify the Company in writing within 3 (three) days from the moment they identify a discrepancy between the Service offered and the Service actually provided by the Company, and must attach supporting documents to substantiate the complaint. The notification must be sent to the following email address: support@chargeforall.app. If the description of the discrepancy is not sufficiently clear and precise, the Client is obliged to provide any additional documentation requested by the Company in relation to the complaint. Failure to do so will result in the complaint being rejected, unless otherwise required by mandatory legal provisions applicable to such matters.

• In the event of a complaint, the Company is required to examine and verify the charging operations recorded in the Client’s account during the period specified in the complaint. The Company must review the Client’s complaint and make a decision regarding its validity. If the complaint is found to be justified, the Company shall reimburse the Client for the corresponding amount within twenty (20) business days, into the bank account indicated by the Client. If the complaint is rejected, the Company shall notify the Client of the outcome within twenty (20) business days from the date the complaint was submitted. If the Client is dissatisfied with the outcome, they have the right to escalate the matter to the consumer protection authority, an independent alternative dispute resolution body, or to file a claim before a competent court.

• The Client is obligated to immediately notify the Company’s customer service department and also by email if they have reason to believe that unauthorized persons may have gained access to their account or have obtained knowledge of their username and/or password for accessing the Mobile Application, or if they become aware of any unauthorized use of their account in the Mobile Application.

• If the Client fails to notify the Company promptly as required above, they shall assume full responsibility for any resulting damages. Once the Client has properly reported unauthorized use of the Service, the Company will take appropriate measures and make reasonable efforts to block any illegally initiated sessions through the Client’s account within a reasonable timeframe. In any case, until the Company is duly informed of the relevant circumstances, the Client remains responsible for any use of the Service through their personal account in the Mobile Application.

• The Company is solely responsible for the operation of the Mobile Application and may be contacted through the communication channels provided in the Contact section of the Application. For complaints regarding charging stations or specific charging sessions, the Client must contact the relevant Third-Party provider of the charging station, using the contact details available in the Application and/or displayed on the Charging Station.

 

Processing of personal data.

• The Company processes personal data (the “Data”) in accordance with the provisions of EU Regulation No. 679/2016 (General Data Protection Regulation – GDPR) and applicable Romanian data protection legislation.

• As the data controller, the Company processes the following personal data of the Client: full name, email address, phone number, mailing address, and identification details of the Electric Vehicle used (model, battery capacity, license plate number). In the case of corporate Clients, the following data will be stored: company name, company tax identification number (VAT no.), registered office address, and the full name of the legal representative who will use the Service.

• The data is processed for the purpose of providing the Client with the services available through the Mobile Application, specifically for the delivery of the Service and the performance of Contracts, for the following purposes:
  • Creating and managing the Client’s account;
  • Processing Orders, including their receipt, validation, and invoicing;
  • Resolving complaints related to the Service provided;
  • Providing customer support services, including responding to Client inquiries regarding the provision of the Service;
  • Compliance with fiscal and accounting legislation.

• The data required for processing payments may be handled by the payment services provider Netopia Financial Services SA, in accordance with its own privacy policy available at: https://netopia-payments.com/politica-de-confidentialitate/.

• The Client’s name, surname, and email address may also be processed for marketing purposes, including the sending of electronic messages by the Company regarding commercial communications, promotional information, newsletters, articles of interest, and similar content. The processing of such data for the stated purpose will only be carried out based on the Client’s prior consent.

• The processed data will be retained for the entire duration the Client maintains an account in the Mobile Application. Upon account closure, data processed for the purpose of performing a contract will be retained by the Company for a minimum period of 10 years, in accordance with the legal requirements applicable to accounting and financial records.

• The data may be disclosed to third parties for the purpose of providing the Service or for digital security reasons. Such third parties include: payment service providers, banking service providers, IT service providers, and third-party owners of charging stations, particularly for the identification of potential damage or fraud. The transfer of data to third parties is carried out on the basis of contractual agreements, ensuring appropriate confidentiality practices.

• The Company does not transfer data to entities outside Romania, except in cases where such data is requested by third parties based outside Romania for the purpose of identifying individuals responsible for fraud or potential damage to charging stations within the Network.

• Individuals whose data is processed (“Data Subjects”) have at least the following rights:
  • Right to be informed. Data Subjects shall be informed about the processing of their personal data by the Company.
  • Consent. When processing personal data based on consent, the Company shall use clear methods to obtain the Data Subject’s consent. Consent must be explicit and result from an active expression of will, such as signing a document, ticking a checkbox in a form, sending written correspondence, or similar actions. The Data Subject has the right to withdraw their consent at any time.
  • Right of access. Upon request, the Company shall provide Data Subjects whose personal data is being processed with access to the following information: the categories of data being processed, the purpose of the processing, the storage period, the recipients of the data, and the Data Subject’s right to request the rectification or erasure of the data, or restriction of processing.
  • Restriction of processing. Upon request, the Data Subject may limit the categories of personal data being processed, as well as the purposes of the processing. Restriction of processing does not apply where data processing is required by law or is essential for the performance of a contract.
  • Data rectification and erasure. The Data Subject may request the rectification of inaccurate personal data or the completion of incomplete personal data. The Data Subject also has the right to request the erasure of personal data under the conditions laid down in the Regulation.

• Any Data Subject may contact the Company regarding their data by phone at +4076143888, by email at support@chargeforall.app, or by post at: Bartok Bela Street no. 4, Sfântu Gheorghe, Covasna County, Romania.

Force majeure.

• Neither party shall be held liable for failure to perform its contractual obligations if such failure, whether in whole or in part, and whether timely or properly, is caused by an event of force majeure. Force majeure refers to any external, unforeseeable, absolutely unavoidable, and insurmountable event.

• If the force majeure event does not cease within fifteen (15) days from the date of its occurrence, either party shall have the right to notify the other of the automatic termination of the Contract.

 

Miscellaneous.

• The Company reserves the right to periodically review and update these Terms and Conditions in order to reflect any changes in the operation or functionalities of the Mobile Application, or to comply with legal requirements. The Company is obliged to publish the most recent version of the Terms and Conditions in the Mobile Application, indicating the date of the latest revision. The Terms and Conditions shall be binding upon Clients from the moment they are displayed in the Mobile Application.
• All legal relations arising from the use of the Mobile Application, the Account, the provision of the Service, or relating to the Contracts—or, more broadly, any other legal relationships between the Company and the Client—shall be governed by Romanian law.
• Any disputes arising from the use of the Application, the Account, the provision of the Services, or related to the Contracts—or, generally, any other disputes between the Client and the Company—shall fall under the exclusive jurisdiction of the courts located in Brașov, Romania.