Terms of Use
Monta Platform Inc.
Effective Date: 10 September 2024
Table of Contents
1. General
These Terms of Use (the ”Agreement” or “Terms of Use”) are entered into between the entity/person using or accessing the Services (the ”User” or ”You”) and Monta Platform Inc. (”Monta” or ”we”), collectively referred to as the ”Parties” or each a ”Party”.
This Agreement together with the Monta Privacy Policy govern Your use of the services operated by Monta (”Services”).
Services may include, but are not limited to, mobile applications and/or websites operated by Monta under its own brand and/or under its partners’ brands. These Services include all features and functionalities, including but not limited to websites, user portals, mobile applications, content and user interfaces, associated with Monta’s platform for electric car drivers and charge point operators, where users can manage and find charge points to start and pay for charging processes of electric vehicles.
2. Acceptance
By registering for the Services, or by downloading, installing, accessing or using the Services, You are indicating that You agree to and accept the terms of this Agreement. If You do not agree with the terms of this Agreement, You may not download, install, access or use the Services.
All transactions that are part of the Services including, but not limited to, initiating charging sessions, are governed by this Agreement. Registration without explicit acceptance of this Agreement is not possible.
When You make an order for the charging of an electric vehicle through the Services, Monta acts as an agent on behalf of the Operator to conclude Your order and to manage Your experience throughout the order process. If during this process Monta has received an amount payable by a User to an Operator, such payment shall discharge the User of any payment obligation towards the Operator. When You make an order to charge an electric vehicle on a charge point that is not integrated to Monta’s platform, Monta is acting as an e-mobility provider (EMP), and the sale of electricity is concluded directly between You and Monta. Monta is not liable and does not take any responsibility for the provision of the charging of electric vehicles by users.
3. Prices
For consumers, all applicable prices are listed inclusive of VAT and other taxes. For businesses, applicable prices are exclusive of VAT and other taxes unless otherwise stated. All prices are indicated on the Services before the start of a charging process or any other transaction is initiated. Monta estimates the charging price prior to the initiation of a charge and reserves the necessary amount.
Monta is free for personal use, but may charge for certain Services, such as transaction fees for facilitating sharing of charge points to other users.
For enterprises, business entities and other partners, Services may be subject to monthly subscription plans and usage fees as agreed.
Before the charging process, the price will be clearly displayed as fees per kWh of consumed energy, parking fees for time of parking at the charging station, and if applicable charging session starting fees and fees for time of charging. There may also be fees if the User decides to reserve a charging station, and if they do not show up, or overstay. You acknowledge that the final and payable price of the charging service is directly dependent on use, for example on the amount of consumed energy, and is therefore not always automatically provided before the start of the charging process.
Monta will deliver a receipt of the use of the charging service, including each charging transaction executed.
4. Billing
Monta may charge You via a variety of payment methods, such as Your Wallet, debit/credit card, or by invoice.
Invoices may be sent by Monta via mail or email, and invoices are also accessible in Your Monta user account. Full payment for invoices issued must be received by Monta fifteen (15) days after the issue date of the invoice, unless otherwise stated or agreed. The due date will be stated on the invoice. Unpaid amounts are subject to a charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Services.
Monta may suspend access to the Services, with immediate effect, if the User fails to pay any fees invoiced by Monta pursuant to this Agreement. Suspension will not relieve the User of its obligation to pay such invoices or any other fees payable to Monta for the relevant Services.
5. Obligations
You will cooperate with Monta by providing such information and materials as Monta may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
It is Your responsibility to ensure that the registered payment method is valid, that it has a sufficient balance and is not blocked. In the event that debiting is not possible, Monta reserves the right to temporarily suspend Your access to the Services or part of it until the overdue balance is fully paid. Monta has the right to seek payment from You by other means, such as by sending a separate invoice for Your use of the Services.
You are responsible for complying with the specific parking restrictions and regulations at the charging station (such as written instructions shown at the charging station or the instructions given by the personnel of the charging station operators).
You shall use the charging station correctly and in accordance with the provided instructions and ensure that the charging station is suitable for the vehicle to be charged. If the charging station is damaged or defective, the User should inform Monta.
You must take due care to protect Your Monta account against misuse by others and promptly notify Monta about any detected misuse. You are responsible for keeping Your account secure and not granting access to Your account to others.
You are obligated to immediately notify Monta if You believe that Your account or the charging key has been used by an unauthorized person or in an unauthorized manner. Monta may then block Your access to the Services.
In the event of the loss of Your charging key or the mobile phone on which the application operated by Monta has been installed, You shall immediately notify Monta. Monta may then block Your access to the Services. If You do not give such notification and the charging key or the mobile phone in question remains in illegitimate use, Monta reserves the right to claim incurred losses as damages in accordance with applicable law. For the sake of clarity, this clause does not constitute additional claims for damages against You as a consumer.
You are solely responsible for ensuring that You comply with all applicable laws and regulations before using the Services.
Unless explicitly authorized in writing by Monta, You must not (and must not allow any third party to) directly or indirectly: I. Rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Services to a third party; II. Modify or create a derivative work of the Services or any portion of it; III. Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Services, except to the extent expressly permitted by applicable law and then only with advance notice in writing to Monta; IV. Break or circumvent any security measures of the Services, or configure the Services to avoid incurring fees or in any way disrupt the integrity, performance or security of the Services; V. Access the Services for the purpose of building a competitive product or service or copying its features or user interfaces; VI. Use or permit the Services to be used for any illegal or misleading purpose, or in any manner inconsistent with this Agreement; VII. Collect, use, and disclose data that violates any third-party rights, including privacy, publicity rights and Intellectual Property Rights. For purposes of this Agreement, the term “Intellectual Property Rights” means all copyrights, trademarks, trade secrets, moral rights, know-how, patent rights, and any other intellectual property rights recognized in any country or jurisdiction in the world.
You agree that Monta retains all rights, title and interest (including all Intellectual Property Rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed Monta’s confidential information) and that Monta reserves any licenses not specifically granted in this Agreement. You acknowledge and agree that You have no right to obtain a copy of the software behind any of the Services and that Monta has sole discretion to make updates, bug fixes, modifications or improvements to the Services from time to time. Monta reserves the right to change or remove features of the Services from time to time.
Monta continuously works for a more sustainable and developed grid. This implies that Monta may temporarily pause an ongoing charge, thereby contributing to the stability of the electricity grid. The temporary pause will not have a noticeable effect on the total charge of Your electric vehicle. You can at any time opt out of participating by toggling off PowerBank in the app or the portal.
You agree to indemnify Monta, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of this Agreement or Your use of the Services.
6. Liability
The use of the Services is the sole responsibility of the User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to the User.
TO THE FULLEST EXTENT PROVIDED BY LAW, MONTA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Nothing in this Agreement shall operate so as to exclude or limit either party’s liability to the other for death or personal physical injury or arising out of gross negligence, fraud or fraudulent misrepresentation.
MONTA (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE CONCERNING ANY SUBJECT MATTER ARISING FROM OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY OF THE WEBSITES OPERATED BY MONTA OR REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR: (I) ANY LOSS OF PROFITS, CONTRACTS, REVENUE, BUSINESS, OR BUSINESS OPPORTUNITY, ANY LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF A THIRD PARTY TELECOMMUNICATIONS PROVIDER AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE IS DIRECT, INDIRECT OR CONSEQUENTIAL); (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL); (III) ANY MATTER BEYOND ITS REASONABLE CONTROL; AND (IV) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER; OR (V) DAMAGES IN THE AGGREGATE FOR ALL CLAIMS IN EXCESS OF AMOUNTS PAID TO MONTA BY THE USER HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CLAIM AROSE, EVEN IF MONTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
7. Force Majeure
Neither party will be liable for any delay or failure to perform its obligation under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
8. Termination
This Agreement may be terminated by either party without notice at any time for any reason. After termination, You will no longer have access to the Services.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. Thus the termination does not affect existing claims with respect to the charging processes that have previously taken place, including the obligation to pay for all charging sessions You initiated before the termination.
9. Data Protection
Monta or commissioned service providers collect, process and use data pertaining to You for the implementation of the contractual relationship pursuant to the provisions of applicable data protection and privacy laws.
Unique identification number that is used to identify You, Your vehicle, personal details and transactional details may be transferred to the operator of the charging station for the purpose of activating the charging stations, solving potential issues regarding the charging service and invoicing. Personal details, contact details and transactional details may also be transferred to the partners of Monta for the purpose of invoicing and customer service.
Monta may use non-personal data collected in the provision of the Services that has been de-identified or aggregated (“Non-Personal Data”) in order to (i) improve the Services and its other products and services, and (ii) share statistical information with its partners. Monta will take reasonable measures to ensure that the Non-Personal Data cannot be associated with an individual or household, and commits to maintain and use the Non-Personal Data in deidentified form and not attempt to reidentify the information, unless permitted or required under the law. Monta will also contractually obligate any recipient of the Non-Personal Data to comply with privacy laws with respect to such data.
For further information, please see our Privacy Policy.
10. Waiver
No waiver by Monta of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Monta to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
11. Assignment
The User is not entitled to transfer or assign any of its rights or obligations under the Agreement to any third party without the prior written consent of Monta.
12. Severability
Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
13. Monta Wallet
The wallet is a virtual payment method which can be used to pay for charging Your EV by funds loaded in Your personal Monta balance directly by use of the Monta App or by use of a charge key connected to Your account (“Wallet”). The Wallet can be loaded by a User by means of credit card or other accepted payment methods. The User may load money into their Wallet either manually or automatically when the balance goes below a certain amount. Except as required under applicable law, funds loaded into the Wallet are not refundable or redeemable in cash and cannot be withdrawn. A User who scans a QR code and is not an existing Monta user (“Guest User”) may also make use of the Wallet, subject to providing the required user information and accepting the Terms of Use.
If the Wallet has insufficient funds for the estimated price of the charge, the User will be asked to ensure sufficient balance is loaded into the Wallet prior to authorization or to choose an alternative payment method. Before accepting to initiate the charge in the Monta app, the User will be asked to enter their personal security 4-digit code. For Guest Users, the authorization is made by verification by e-mail or phone. Once a charge is authorized by use of the Wallet, the amount corresponding to the charge price is deducted from the Wallet immediately after the charging session.
You may not place funds in the Wallet in excess of $2,000 USD. Each transfer to top up Your Wallet is capped at $2,000 USD. In addition to these limits, You may not load, use or withdraw more than the aggregate amount of $2,000 USD across any number of transactions into or through your Wallet on any given day. A load request in excess of these limits will be rejected. Funds in Your Wallet may be used only to pay for charging services or products in the Monta app facilitating Your charging. Your Wallet balance does not expire and is not subject to any fees.
The User is not permitted to make payments using the Wallet in excess of the Wallet’s balance. In the event of a negative balance in the Wallet, the User is required to immediately load funds to settle the negative balance. A Wallet may be blocked by Monta in the event of a negative balance which has not been resolved after a written notice.
The User shall regularly make oversight of the transactions to make sure they correspond to their actual charging. The User shall notify Monta as soon as possible in the event of any incorrect registrations. If the User becomes aware of any misuse, or if the User loses a charge key, You are required to deregister the charge key in Your account, and to contact Monta support so we can block the account and avoid any misuse. Contact Monta on info@monta.com or +1 786 358 2873.
The User is liable for any payments made by use of the Wallet. In the event of misuse by a third party or unauthorized use of the Wallet, Monta shall cover the loss a User may have suffered, provided the User has not acted fraudulent, has adhered to these terms, and as soon as possible after the incident has informed Monta hereof. Any objections on a transaction due to an unauthorized or incorrect transaction shall be notified to Monta as soon as possible after the disputed transaction. When assessing whether objections have been notified as soon as possible, the requirement to regularly make oversight of transactions will be considered.
It is of great importance to Monta that our users are comfortable using our payment options, including the Wallet. Any personal information used for a purchase or use of the Wallet is processed responsibly and in compliance with applicable payment and data protection laws. Please refer to Monta’s privacy policy for more information.
Monta Credits: Credits made available in Your Wallet from referrals, promotion codes or by participation in PowerBank, may only be used for charging and purchases in the Monta app, have no cash value, and cannot be withdrawn. Referrals and promo codes may only be shared with individuals who are not existing Monta users. Any violation hereof will result in such credits being void. Unused Credits are automatically and without notice removed from Your account 6 months from the date they were made available.
14. Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
15. Entire Agreement
This Agreement constitutes the sole and entire agreement between You and Monta regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
16. Changes to these Terms of Use
Monta reserves the right in its sole discretion, to modify, update, or otherwise revise the Terms of Use at any time. Such revisions shall be effective immediately upon posting updates to the Terms of Use on this webpage. Monta will notify You of any material changes to these Terms of Use. By using the Services after Monta has posted any modification, updates, or revisions, the User agrees to be bound by such revised Terms of Use. If any modification, update, or other change to these Terms of Use are not acceptable to You, then You have the right to terminate this Agreement provided You immediately terminate Your use or access to the Services.
This Agreement was last updated on 10 September 2024.