TERMS AND CONDITIONS FOR THE USE OF NABILSOM SHARED POWERBANK SERVICES

A. Terms and Conditions for Using the NabilSom Service
‍By creating an account and using our platform, you agree to all provisions of this agreement. By accepting these terms, you are entitled to fully utilize all services provided through the platform.

A.1. These terms constitute an agreement ("Agreement") between you ("User") and NabilSom s. r. o., including its affiliates ("we," "us," or "NabilSom"), regarding your use of the NabilSom shared powerbank service ("Service") within the Slovak Republic. These terms apply to our website at https://www.nabilsom.eu/en ("Website") and the NabilSom mobile application ("NabilSom App") designed for operating systems such as iOS and Android (collectively referred to as the "Platform").

B. User Eligibility Criteria
You represent and confirm that:
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(a) You are at least 16 years old and possess full mental and legal capacity to enter into this agreement and use the provided services;
(b) All data and information you provide in connection with using our service are true, complete, and up-to-date at the time of provision; and
(c) Your use of the service complies with all applicable laws and regulations.

C. Account Registration and Management

C.1. To become a registered user of the platform, you must complete the registration process via a mobile device or another prescribed method. You guarantee that all information provided during the registration process is true, up-to-date, and complete. You further agree to promptly notify us of any changes to this information. If the information provided is found to be untrue, outdated, or incomplete, we reserve the right to suspend or terminate your access to the account and services.

C.2. Your user account ("Account") is exclusively for your personal use and must be registered with your personal phone number. You may not transfer the account to a third party or allow others to use it, except in cases where we have explicitly permitted the creation of accounts on behalf of employers or customers of specific companies. You are fully responsible for all activities conducted under your account and for maintaining the confidentiality of your login credentials.

C.3. Upon successful registration, you are authorized to use the services provided through our platform, and you are expected to comply with all terms of this agreement and other rules set forth on the platform.

C.4. We reserve the right, at any time and at our sole discretion, to suspend, deny, or terminate your access to the account, platform, and/or services if these terms or other rules stated in this agreement are violated. If your access is restricted, you have the right to submit a complaint in accordance with the procedures outlined in this agreement. Any decision regarding the restriction or termination of access is final unless decided otherwise.

D. Account Security and User Responsibility

D.1. The user is responsible for the security of their account and the protection of login credentials, including the password required to access the account, platform, and/or service. It is strongly recommended that you log out at the end of each session and follow all recommended security practices. If you share your login credentials with a third party, you acknowledge that you bear full responsibility for any potential damage or consequences that may result.

D.2. The user is fully responsible for all activities conducted through their account, including but not limited to the use of NabilSom powerbanks ("NabilSom batteries"), the return of batteries, access to information, or sharing data from their directory. NabilSom is not liable for any damages, injuries, or losses resulting from activities carried out through your account.

D.3. In the event of suspected unauthorized access or any breach of your account’s security, you must promptly inform NabilSom via the platform. Please note that upon receiving such a notification, we may temporarily restrict access to the account, and this process may take some t ime.

D.4. The user account is intended solely for personal use and must not be shared with third parties. The user agrees to:
(a) Keep their account information confidential and not share it with others;
(b) Maintain the security of their login credentials and verification codes;
(c) Not transfer any information from their account to a third party;
(d) Comply with all laws and the provisions of this agreement.

D.5. The user is responsible for all operations conducted through their account until the account is terminated or until they notify us of unauthorized use.

D.6. NabilSom places great emphasis on the protection of personal data. If you gain access to the personal data of other users while using the platform, you agree to treat this information as confidential and not share it without proper authorization.

E. Use of the Service

E.1. After successful registration and the addition of a payment method in the NabilSom application, users can scan the QR code at a station to release a powerbank.

E.2. Before using the NabilSom powerbank, it is the user's responsibility to inspect its condition, including the presence and integrity of the cable and the functionality of the battery itself.

E.3. If you discover any problem or damage to the powerbank, you must immediately inform NabilSom customer service through the application or via email at nabilsom@nabilsom.com.

E.4. If you use a NabilSom powerbank after being informed of its damage or discovering it yourself, you assume full responsibility for any consequences, including damage to your device or third-party property. NabilSom assumes no liability for damages incurred under such circumstances.

E.5. Users must use the powerbank responsibly and in compliance with the law. Any actions that would restrict its use by others or cause damage are strictly prohibited.

E.6. You must return the powerbank in the same condition as you received it. If the powerbank is returned damaged or in non-functional condition, you will be charged a repair or replacement fee.

E.7. A rented NabilSom powerbank must not be rented out to others or used for commercial purposes.

E.8. The rental may be terminated by returning the powerbank to a charging station or purchasing the powerbank through the NabilSom application.

E.9. Our platform will record the duration of your powerbank usage. The maximum rental period is three consecutive days. If this period is exceeded, your account will be charged a purchase fee of up to 14.99 EUR.

E.10. In addition to the basic usage restrictions, the following apply:
a) Modifying, disassembling, or otherwise altering the powerbank is prohibited;
b) Other individuals may not use the powerbank rented under your account, except for family members and close friends. Despite this exception, you remain fully responsible for the powerbank rented under your account, including any damage, loss, late return, or unauthorized use that may occur while the powerbank is in the possession of a third party. NabilSom assumes no liability for consequences arising from the use of the powerbank by a third party;
c) You must confirm that you have inspected the condition of the device before use;
d) NabilSom does not guarantee the availability of a powerbank at any specific time or location;
e) If a charging station is full, we may not be able to accept the return of the powerbank immediately;
f) Our service is intended for individuals capable of safely and effectively using the powerbank.

F. Fees for Using the Service

F.1. Fees for renting and using NabilSom powerbanks may vary depending on the country, region, or specific conditions. Current and valid prices are always displayed in the NabilSom application, where they are continuously updated and available to users. Detailed pricing information for the Slovak Republic is provided on the website https://www.nabilsom.eu/en.

G. Fees and Payment Terms

G.1. All fees for using the NabilSom service are listed in the application and are regularly updated to reflect current prices and rates. Users agree to review the current fees before using the service.

G.2. NabilSom may offer promo codes or special discounts that allow users to receive discounts or other benefits. Promo codes are valid for one user only and cannot be combined with other discounts or promotions unless explicitly stated otherwise.

G.3. Promo codes have no monetary value, cannot be exchanged for cash, and are valid for a limited time. If fraudulent use is suspected, NabilSom reserves the right to cancel or block the promo code without prior notice.

G.4. Users can pay service fees using various payment methods, including Apple Pay, Google Pay, and debit cards. Please note that credit cards, prepaid cards, and cash cards are not accepted as payment methods for this service.

G.5. By providing payment information and registering in the NabilSom application, users agree that NabilSom has the right to automatically charge applicable fees for using the service in accordance with the current price list and terms outlined in this agreement.

G.6. NabilSom is not responsible for any additional fees or transaction processing charges that may arise from your payment service provider or bank.

G.7. In case of doubts or disputes regarding payments, users must immediately contact NabilSom customer service via email at nabilsom@nabilsom.com no later than 10 business days from the date of the disputed charge. Users must provide all relevant information, including the date and location of the rental, as well as the approximate time of service use.

G.8. If an attempt to collect payment from your card fails due to insufficient funds, you will receive a notification of the overdue payment, requesting immediate settlement. If payment is not made within 24 hours of the first notification, a second notice will be sent. If no action is taken within 24 hours of the second notice, a penalty fee of €75 will be imposed for violating the Terms and Conditions for the Use of NabilSom Shared Powerbanks. If the penalty fee is not paid within 48 hours of issuance, NabilSom s. r. o. reserves the right to take legal action against the user. In such cases, the user will be responsible for all legal costs and fees incurred by NabilSom s. r. o. in enforcing this agreement.

G.9. If a refund is necessary (either full or partial), NabilSom will process the refund exclusively through payment methods such as VISA, EC/MC, and Maestro. The funds will be returned to the bank account originally used for the payment, in accordance with our internal procedures.

G.10. Users are required to ensure that their payment information is current and accurate. Any changes to payment information must be reported immediately through the application or by contacting customer service.

H. Option to Purchase a Powerbank

H.1. Users have the option to acquire ownership of a NabilSom powerbank if the rental period exceeds three consecutive days (72 hours) without interruption. In such cases, a one-time purchase fee of €14.99 will be charged to the user, in addition to the standard service fees incurred during that period.

H.2. If the user fails to return the powerbank to a station within 72 hours, the purchase fee will be automatically charged to the registered payment method. Should the payment fail due to insufficient funds or other technical issues, the procedures and measures outlined in Section G. Fees and Payment Terms, Clause G.8 will apply.

H.3. Upon completion of the purchase, ownership of the powerbank transfers to the user, and NabilSom disclaims any responsibility for damages, malfunctions, or repair needs.

H.4. If, after the purchase, the user decides to return the NabilSom powerbank to a NabilSom charging station, ownership of the powerbank will automatically revert to NabilSom. The purchase fee of €14.99 will not be refunded or compensated in any way.

I. Partnership and Reward Programs

I.1. NabilSom actively collaborates with partner locations that allow users to rent and return powerbanks. Within these partnerships, users may benefit from special promotions, discounts, or other advantages that are valid exclusively within specific partner locations and in accordance with the terms set by NabilSom.

I.2. Users are entitled to a loyalty reward after completing every tenth powerbank rental. This reward is automatically applied within the NabilSom application, allowing for a free eleventh rental. The loyalty reward is non-transferable, has no monetary value, and cannot be exchanged for cash or transferred to a third party.

I.3. NabilSom reserves the right to modify, suspend, or terminate promotional offers and rewards at any time without prior notice. Users will be informed of any changes via the application or email notifications. Changes take effect immediately upon notification.

I.4. As part of special promotions, NabilSom may offer additional discounts, extended rental periods, or exclusive promo codes for selected users. Each promotion will be subject to specific terms communicated in advance through the application. The company reserves the right to set and amend the conditions of these promotions at its sole discretion.

J. Intellectual Property Rights and Data Protection

J.1. By agreeing to this contract, you obtain the right to use the NabilSom service exclusively in accordance with the provisions of this agreement. No other form of authorization, partnership, or representation exists between you and NabilSom beyond what is explicitly stated in this agreement.

J.2. All intellectual property rights related to the platform (including copyrights, trademarks, trade names, designs, source and object codes) are and remain the exclusive property of NabilSom or its licensors. Nothing in this agreement transfers these rights to you. You agree not to use, modify, rent, sell, or otherwise violate these rights without our explicit written consent.

J.3. The name and logos of NabilSom are protected trademarks and must not be used, copied, or imitated without prior written permission. All elements of the platform, including graphics, texts, icons, buttons, and scripts, are our property and may not be used without our consent.

J.4. We grant you a limited, non-exclusive, personal license to use the NabilSom application exclusively for private purposes. Any other use is prohibited, and we reserve the right to revoke this license in case of a breach of the terms of this agreement.

J.5. You bear full responsibility for all content you upload or publish via the platform ("User Content"). You agree not to upload content that is not your property or for which you do not have legal authorization. NabilSom reserves the right to remove or restrict access to any such content.

J.6. You agree that NabilSom may process, store, and use the information you provide in accordance with the Privacy Policy. You grant us the right to process this information, including its translation, modification, or distribution within our platform.

J.7. NabilSom is committed to protecting your privacy and ensuring the confidentiality of your personal data. Access to this data is restricted to authorized personnel within our company.

J.8. We adhere to GDPR and all applicable legal regulations when storing and processing your content.

K. User Responsibilities and Prohibited Activities

K.1. Rules for Proper Use: When using our service, you agree to adhere to the following fundamental rules:
(a) Comply with all applicable legal regulations, including those related to data protection, intellectual property rights, tax laws, and other binding regulations;
(b) Provide accurate, up-to-date, and complete information and regularly update it as necessary;
(c) Use your true identity and other personal data in accordance with our Privacy Policy;
(d) Behave respectfully and responsibly on the platform.

K.2. Prohibited Activities: You must refrain from engaging in any of the following activities, which are explicitly prohibited on our platform:
(a) Using the platform without appropriate legal capacity or if your access has been restricted or suspended;
(b) Transferring or assigning your account to others without our consent;
(c) Violating the rights of other users, including unauthorized access to personal data, accounts, sending unsolicited messages, or any form of harassment;
(d) Disrupting the functionality of the platform, including distributing malicious software or codes that could cause harm or malfunction;
(e) Using unauthorized methods to collect or manipulate information to which you do not have legitimate access;
(f) Violating any rules or policies related to your account;
(g) Circumventing our security measures or technical restrictions;
(h) Unauthorized use of the NabilSom name, logo, or any protected trademarks;
(i) Falsely representing any relationship or connection with NabilSom without our explicit permission;
(j) Renting, selling, or reselling our services without approval;
(k) Tampering with or removing our advertising materials;
(l) Using automated tools or programs to interact with our service;
(m) Copying, modifying, or creating derivative works from the platform for competitive purposes;
(n) Accessing the service through unauthorized websites;
(o) Circumventing the security features of our platform;
(p) Assisting others in violating this agreement;
(q) Using our service for any illegal or inappropriate purposes;
(r) Any other actions that could harm our platform or NabilSom.

K.3. Responsibility and Response to Violations: While we expect users to comply with these rules, we cannot monitor all activities on the platform. If you suspect a violation of these terms by another user, please contact us. We are not responsible for the behavior of users or for the content they publish.

L. Liability and Indemnification Obligations

L.1. You agree to indemnify and hold harmless NabilSom, including its employees and representatives, from any claims arising in connection with your use of the NabilSom powerbank or our platform. This includes all situations resulting from your actions, omissions, or negligence.

L.2. You undertake to indemnify NabilSom and its affiliates for all damages, liabilities, claims, losses, expenses, and costs (including legal fees) arising from your improper use of the platform, unauthorized access, malicious behavior, or any disruption of the platform’s functionality or the services provided.

L.3. If your actions cause NabilSom to be obligated to pay claims or liabilities to third parties, we reserve the right to seek compensation from you for all damages and liabilities incurred by us in relation to such third-party claims.

M. Termination of the Agreement and Services

M.1. Termination by the User: You have the right to terminate this agreement under the following circumstances:
(a) If you notify us through the platform that you wish to stop using the Service and the platform;
(b) If you do not use the Service and platform for a consecutive period of 365 days or longer;
(c) If you cease using the Service and platform and explicitly reject any changes to this agreement before they come into effect.

M.2. Termination by NabilSom: NabilSom reserves the right to terminate this agreement for the following reasons:
(a) If you breach any of the terms of this agreement;
(b) If you fail to pay any outstanding debt owed to NabilSom within seven days of the due date;
(c) If you do not use the Service and platform for a consecutive period of 365 days or longer;
(d) If, in our discretion, your continued use of the Service or platform causes harm to the Service, platform, or other users;
(e) If you explicitly reject any changes to this agreement about which you were notified.

M.3. Settlement upon Termination:
(a) Upon termination of this agreement, we reserve the right to seek recovery of all obligations and claims arising from any prior breaches or unresolved financial liabilities.

N. Complaint and Dispute Resolution Procedures

N.1. If you have any complaints or disputes regarding our service or platform, you may contact us at any time through the platform or via email at our customer service address: nabilsom@nabilsom.com.

O. Electronic Communication and Forms of Signature

O.1. Certain operations or activities on the platform may require the creation of an electronic signature. You acknowledge that such an electronic signature has the same legal force and binding effect as a physical signature.

O.2. If you hold an account on our platform, you agree that all notifications, information, and communications may be provided to you electronically, either through your account or by other electronic means, in accordance with our Privacy Policy.

P. Governing Law and Jurisdiction

P.1. This agreement, including all disputes arising from or related to it, shall be governed by and construed in accordance with the laws of the Slovak Republic. The parties to this agreement agree to submit to the exclusive jurisdiction of the Slovak courts.

Q. Exceptions for Extraordinary Events (Force Majeure)

Q.1. We are not liable for any damages, losses, or delays caused by circumstances beyond our control, including (but not limited to) equipment maintenance, connection outages, strikes, natural disasters, acts of war, government interventions, or actions of third parties.

R. Final and Supplementary Provisions

R.1. This agreement constitutes the complete and final agreement between both parties regarding its subject matter and supersedes all prior agreements, understandings, or arrangements.

R.2. We reserve the right to transfer, assign, or subcontract our rights and obligations under this agreement to other entities or third parties.

R.3. If we choose not to enforce or exercise any provision of this agreement, it does not constitute a waiver of our right to enforce it at a later date.

R.4. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. We reserve all rights not expressly granted in this agreement.