Last updated: October 14, 2024

Please read the terms of this End User License Agreement (EULA) together with our privacy policy, available here, carefully before downloading, installing and using the INCH Core app. Only download the Application if you have read the rules and agree to them.

If you do not agree to these terms, we will not allow you to use the App, and you should not download it.

Introduction

Welcome to Landis+Gyr EV Charging. This EULA governs the use of electric vehicle charging and support services for plug-in electric vehicles (“EV”) through our website, mobile application in connection with the Landis+Gyr INCH Core charging stations and related equipment, (collectively referred to as the “Services”). The INCH Core charging stations are sold by Landis+Gyr EV Solutions d.o.o., Pod jelsami 6, 1290 Grosuplje, Slovenia, and our authorized resellers, and the companion mobile app is also owned and managed by Landis+Gyr EV Solutions d.o.o. (collectively, with its Affiliates, “Landis+Gyr”, “we”, “us” or “our”). References to “you” or “your” mean you as someone who is a user of our Services, account holder, customer or certified maintenance personnel configuring services, as applicable.

It allows users of the INCH Core charging stations to manage, review and monitor their charging sessions on a mobile device. It also allows certified maintenance personnel to set up and configure INCH Core charging stations. Additionally, it offers a number of other features to you, including charging authorization management, sharing access to the INCH Core charging station with others to allow access to the charging station, setting up a charging schedule and monitor your power consumption both per individual sessions, or month over month.

The App is licensed to you, not sold.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions will have the same meaning regardless of whether they appear in singular or in plural.

Affiliate means an entity that controls, is controlled by or is under common control with Landis+Gyr, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

App means the software program provided by Landis+Gyr downloaded by you on any electronic device, named INCH Core app.

App Store means, as applicable, (i) the app distribution platform operated by Apple also known as App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ‘App Store Rules’, (ii) the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s Rules’, via which the App can be downloaded. Clauses where we use the phrase “App Store Rules or Google’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the App via the Apple App Store, and for Google’s Rules to apply to users who have obtained the App via the Google Play distribution platform.

Companion App refers to a standalone piece of software that is designed and intended to work in tandem with another hardware device. In this case the companion app is the INCH Core app, and it is designed to work in tandem with the INCH Core charging station.

Device means any device that can access the App such as a computer, a smart phone or a digital tablet.

EULA means this App End User License Agreement that forms the entire agreement between you and Landis+Gyr regarding the use of the App.

Personal Data is any information that relates to an identified or identifiable individual.

License Use; Restrictions

Using the App constitutes agreement with this EULA. The terms in this EULA are made between you and us. Neither Apple nor Google is a party to this EULA and neither has liability under it.

We license you to download and use the App: (i) For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this EULA and the App Store Rules; (ii) For Google Play Store users, to use the App provided you follow all of the rules described in this EULA and also Google’s Rules. You must comply with the App Store Rules and Google’s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.

Installing the App on your Device grants you a non-exclusive license to use the App in terms of acceptable use. Using the App to damage or abuse the INCH Core charging station or connected vehicle in any way is not deemed acceptable use. The App is available to all INCH Core charging stations owners or users via their respective mobile platform’s App Store. By default, it is available free of charge.

Subject to your continued compliance with this EULA, Landis+Gyr grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and the App and related Services solely in connection with your use of the EV charging station; and (ii) access the App for your personal noncommercial use. Any rights not expressly granted here are reserved by Landis+Gyr.

You may not: (i) remove, obscure or modify any copyright, trademark or other proprietary notices from any portion of the App; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App except as expressly permitted by Landis+Gyr; (iii) decompile, reverse engineer, or disassemble the App except as may be permitted by applicable law; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or that unduly burden or hinder the operation and/or functionality of any aspect of the App; (v) attempt to gain unauthorized access to or impair any aspect of the App or its related systems or networks; (vi) impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

Customization

Some specific pre-determined segments of the App may be modified by charging station vendor (the authorized reseller), applying their own branding to the App. This is done automatically when you connect to an INCH Core charging station of a specific vendor. By default, no modifications are applied. Modifications only change the aesthetic of the App’s user interface and do not affect its functionality. The contents and scope of the modifications is determined by the charging station’s vendor.

Prohibited or illegal activities

You are not permitted to use the App to cause damage or abuse to an INCH Core charging station or connected vehicle in any way. You are not permitted to add or attempt to add or access INCH Core charging stations that you are not authorized to use or access. You are not authorized to bypass access restrictions set by the INCH Core charging station if they are not authorized to change restricted configuration settings as determined by the vendor or the charging station’s provider.

Data Protection

The INCH Core app processes user’s data with the purpose of providing charging services and further connected services, like monitoring of the consumption, or sharing access to the charging station with other parties, if allowed by the user.

All personal data will be processed in accordance with the INCH Core app Privacy.

Connectivity and Communication

The App uses Bluetooth (BLE) and WIFI to connect to and communicate with the INCH Core charging station. Primarily, the App uses a low energy Bluetooth connectivity to communicate with the charging station but will switch to a WIFI based WebSocket communication if the Bluetooth connection is lost, out of range or unavailable. Note that, should you choose to do so, you may set the WIFI WebSocket connectivity as the primary form of communication.

Intellectual Property Rights

The App and its entire content, features and functionality (included, but not limited to all information, software, text, displays, images, design, selection and arrangement there) (collectively, the “Content”) are owned by Landis+Gyr, its Affiliates or its licensors and may be protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, republish, transmit, distribute, publicly display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the Contents of the App without the prior written consent of Landis+Gyr, its Affiliates or as authorized under this EULA or applicable laws. By agreeing to this EULA, you are granted a non-exclusive, free-of-charge, non-transferable and non-sublicensable license to use the App in connection with INCH charging stations provided by Landis+Gyr or its Affiliates.

Third Party Services

The App utilizes third party services to send email messages to one or more email addresses, determined by you. Your data is only transmitted at the request of you, if you decide to share access to the charging station with another user, or if you decide to use one of the export functions.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for good cause, including without limitation if you breach this EULA. We may also terminate this EULA and subsequently suspend your access for convenience by giving reasonable prior notice. Upon termination, your right to use the App will cease immediately.

Responsibility

Landis+Gyr may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Landis+Gyr has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App. Based on your Device settings, when your Device is connected to the internet either: the App will (a) automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. Landis+Gyr may also make Updates available for download on its website.

We strongly suggest that you download all Updates as soon as they become available. Depending on the nature of the Update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.

It is your responsibility to comply with applicable laws and the terms of this EULA when using the App. This includes, but is not limited to, that the App may not be used in any unlawful manner, that no attempt that may be made to obtain unauthorized access to the App or any of its functions that may not be available to you based on your user status, and that no part of the App may be altered, adapted, translated or reverse engineered (except as expressly permitted by applicable laws).

Links to Other Websites

Our App may contain links to third-party websites or services that are not owned or controlled by Landis+Gyr or an Affiliate.

Landis+Gyr has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Landis+Gyr will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Customer eligibility

Users must be over 13 years of age. Our App is not intended for children under the age of 13. We will not knowingly collect information from users in this age group .

Limitation of Liability

In no event will Landis+Gyr, nor its directors, employees, partners, agents, suppliers or Affiliates, be liable for any:

(a) indirect, incidental, special, consequential or punitive damages, including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the App, third-party software and/or third-party hardware used with the App, or otherwise in connection with any provision of this EULA, even if Landis+Gyr, an Affiliate or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

(b) Direct damages in amounts that in the aggregate exceed the amount actually paid by you for the App or 5 Euros if you have not paid for the App.

(c) Any damages arising out of Landis+Gyr’s slight negligence.

The above limitations do not apply to liability for willful misconduct or other liability that cannot be limited under applicable laws. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.

Failures of Networks or Hardware

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store or Google Play (as applicable), are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), App Store failure or failure of Google Play to function properly (as applicable) or anything else that it would not be reasonable to expect us to control.

“AS IS” and “AS AVAILABLE” Disclaimer

The App is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Landis+Gyr, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the App, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Landis+Gyr provides no warranty or undertaking, and makes no representation of any kind that the App will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Landis+Gyr, its Affiliates nor any of Landis+Gyr's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the App, or the information, content, and materials or products included thereon; (ii) that the App will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the App; or (iv) that the App, its servers, the content, or e-mails sent from or on behalf of Landis+Gyr or its Affiliates are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

THE APP STORES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion of limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

You are solely responsible for ensuring that your EV’s battery is sufficiently charged to meet your needs and that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging.

Third Parties

No one other than us or you has any right to enforce of these terms, except that in the case of

(a) iOS users: Apple and Apple’s subsidiary companies are third party beneficiaries of this EULA. This means that if you breach any of these terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

(b) Android users: Google and Google’s subsidiary companies are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, Google has the right to enforce it and to take action against you directly, with or without our involvement.

Choice of Law and Forum

Governing Law:

(a) If you reside in the European Union or European Economic Area (EEA): This EULA and any disputes arising from or related to the use of the App will be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles.

(b) If you reside in the United Kingdom (UK): This EULA and any disputes arising from or related to the use of the App will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.

(c) If you reside in Canada: This EULA and any disputes arising from or related to the use of the App will be governed by and construed in accordance with the laws of Canada and the province of Ontario, without regard to its conflict of laws principles.

(d) If you reside in the United States: This EULA and any disputes arising from or related to the use of the App will be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of laws principles.

Forum and Jurisdiction:

(a) If you reside in the European Union or European Economic Area (EEA): Any dispute or claim arising out of or in connection with this EULA or the App will be exclusively brought before the competent courts of Zurich, Switzerland.

(b) If you reside in the United Kingdom (UK): Any dispute or claim arising out of or in connection with this EULA or the App will be exclusively brought before the courts of England and Wales.

(c) If you reside in Canada: Any dispute or claim arising out of or in connection with this EULA or the App will be exclusively brought before the courts of the Province of Ontario, Canada, located in the city of Toronto.

(d) If you reside in the United States: Any dispute or claim arising out of or in connection with this EULA or the App will be exclusively brought before the federal or state courts located in the Northern District of Georgia, United States.

(e) Users Outside of the EU/EEA, UK, or United States: If you reside outside the EU/EEA, UK, or United States: The governing law and forum will be determined based on your place of residence and applicable international private law. However, we reserve the right to choose a forum and governing law that we deem appropriate, taking into account the location of the user and the nature of the dispute.

Disputes Resolution

If you have any concern or dispute about the App, we would welcome if you first tried to resolve the dispute informally by contacting Landis+Gyr.

Export Control Compliance

United States Export Controls: You agree that you will not, directly or indirectly, export, re-export, or transfer the App, its technology, or any related services in violation of U.S. export control laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (EAR) and sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). The App may not be exported, re-exported, or transferred:

To any country or region subject to a comprehensive U.S. embargo (including, but not limited to, Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine) or any individual or entity located in such countries or regions;
To any individual or entity on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or the U.S. Department of Treasury’s Specially Designated Nationals List;
For use in any prohibited activities related to nuclear, missile, chemical, or biological weapons.

Compliance with Other Jurisdictions: If you reside outside of the United States, you also agree to comply with all applicable export control laws and regulations of the jurisdiction in which you are located, as well as any other applicable international export control laws and restrictions. It is your responsibility to ensure that your use of the App complies with these laws.

Assumption of Responsibility: By using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country, region, or listed entity as mentioned above, and that you will not use the App for any purpose prohibited by U.S. or other applicable export control laws.

US Governmental Rights

The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA will not affect a party's ability to exercise such right or require such performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

This EULA may have been translated if We have made it available to you on the App. You agree that the original English text will prevail in the case of a dispute.

Changes to This EULA

We reserve the right, at our sole discretion, to modify or replace the terms of this EULA at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the App.

Support and Contact

We are responsible for customer service in relation to the App and can help you if you are having any issues.

For iOS users, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App.

For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App.

If you need to get in touch with us, you can use the ‘contact us’ functionality provided on our website at https://www.landisgyr.com/contact/

If we need to get in touch with you, we will do so via the email address provided for your app login, or through an in-app notification.

End of EULA

EV Solutions Knowledge Centre

INCH Core app – End User License Agreement (EULA)