Terms and Conditions

MoOngy S.A. Portugal is a Portuguese public limited company with share capital of 300,000 euros, with its head office located in Lisbon at Rua Sousa Martins, 10, 1050-217 Lisbon and owns the MobyFinder product.

From now on, we will refer to the party that owns the product as "MoOngy" and refer to the application simply as the "Application" or "MobyFinder Application". When we say "user" we are referring to the natural or legal person who uses this product.

These terms and conditions govern the use of the application. The general terms and conditions of use govern the relationship between the company and the users of the Application. Users declare that they have obtained all the necessary information prior to accessing the Application and accept without reservations these Terms and Conditions.

These general terms and conditions shall apply from the first connection to the Application.

In the absence of your agreement to these Terms and Conditions, you are not authorized to use the MobyFinder application.

3. Object

These general terms and conditions of use are intended to establish the conditions of access to and use of the Website and/or the Applications, as well as the rights and obligations arising therefrom.

4. Invalidity of a certain provision

If any court determines that any provision of these terms is unlawful, void or for any reason unenforceable, it shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

5. Services Provided

MobyFinder is an innovative application to support electric mobility, initially intended for Android Automotive, with plans for future expansion to Android, Android Auto, iOS and Apple Car Play. This app revolutionizes the way EV drivers interact with charging stations, offering detailed information about their location, characteristics, price lists, and availability. Through an intuitive interface, users can access crucial data, including the vehicle's maximum charging power, the desired charging profile in terms of battery percentage, as well as consider the associated costs, incorporating the tariffs of Charging Station Operators and Electric Mobility Electricity Traders (CEME), as well as Network Access Fees. This feature ensures that drivers receive up-to-date information tailored to their charging needs.

6. Account

6.1. System Requirements and Compatibility

To use the Application, you need to use a mobile device or other devices that meet the system and compatibility requirements of the Application. It is accessible to all devices from the moment you use android automotive as long as it is version 10+. Please check the requirements periodically, as we may change them or discontinue support of any hardware or software at any time. To access the App, you need an internet connection on your compatible device.

You are responsible for the costs associated with your internet service. Your use of the App may count towards the use of your data, depending on the terms of your agreement with the internet service provider.

6.2. Steps to create an account

You'll need to create an account to use MobyFinder. To do this, it is used to authenticate on android automotive with the Google credentials that will give you access to the application.

You understand that you are responsible for all use (including any unauthorized use) and any loss of confidentiality or violation of these Terms arising from the sharing and use of your personal MobyFinder account by other contributors.

7. Modifications and Improvements

MoOngy may, in its sole discretion, modify the features of the Services from time to time without notice. You agree that MoOngy shall not be liable to you or to any third party for any (temporary) modification, suspension, or discontinuance of the MobyFinder Services. We reserve the right, for as long as necessary, in the appropriate situation, to entrust technicians of another company of the Moongy S.A. group. when the appropriate situation is fairer and more suitable, taking into account criteria (not only, but also) such as specific technical capacity. Consequently, users acknowledge and accept that no compensation can be awarded to them in relation to a change in one or more of the services offered by MoOngy in the MobyFinder Application.

7.1. Improvement Services

MoOngy, in order to integrate the most specific and diversified needs and improvements to the user of our System, accepts and privileges the sending via email of the most specific needs of the user of our interface. If you wish, you can contact us via support@dxspark.com

If you send us any feedback or suggestions about the MobyFinder Services, you grant MoOngy an unlimited, irrevocable, perpetual, royalty-free license to use any such feedback or suggestions for any purpose without any obligation to you. If you do so, please be aware that no material you send to us will be treated as confidential.

7.2. Maintenance Services

MoOngy may, from time to time, make available updates or other improvements to the System. By subscribing to this System, you consent to receive all Service Updates without further notice. MoOngy has outstanding technicians who guarantee and enforce our commitment to the User, they make it possible for the Application to be available, and for it to be available in its best version to facilitate the User's mission when using this System. Please note that the App may be unavailable during a Service Update.

7.3. Support Services

MoOngy in order to integrate the most specific and diversified needs and improvements to the user in the Mobyfinder application, accepts and privileges the sending of suggestions and errors via email, it is important for us to detect them, in order to regularize any unwanted situation. Notwithstanding the daily commitment of the technicians who constantly test the Application, the user in his experience may detect a possible bug, which is important to be reported, so that the MoOngy team can solve it as soon as possible. To do this, simply send an email to support@dxspark.com

7.4. Complaint Management Services against decisions

In the event that you submit a complaint to MoOngy, regarding a decision based on the violation of these Terms and Conditions or on Abusive Use, you may submit your complaint, electronically and free of charge:

I. The Support Team receives the User's complaint via email support@dxspark.com analyzes the situation exposed and identifies the level of customer dissatisfaction.

II. The complaints management system is based on a timely, non-discriminatory, diligent and non-arbitrary assessment, according to which complaints are managed on the basis of a complaint.

III. The user receives the answer and, if it has not been clarified, additional clarifications are provided. In the event that the User has been clarified, the complaint is duly archived.

IV. All complaints are subject to analysis and response, and appropriate corrective actions are applied.

V. Whenever the User's claims contain sufficient grounds for MoOngy to consider that its decision is unfounded or that the content provided by the User is not illegal or incompatible with these Terms and Conditions, or the complaints contain information indicating that the User's behavior does not justify the action taken, MoOngy reserves the right to revoke the decision.

8. Integrated Third-Party Services

The MobyFinder application may contain links to third-party websites, such as fuel supply companies / energy companies, (hereinafter referred to as "Third-Party Services"). MoOngy does not exercise any control over the providers of Third-Party Services and therefore assumes no responsibility related to the quality, availability, and content of such Third-Party Services. The provision of this content is for informational purposes only.

Consequently, MoOngy shall not be liable for any damages, direct or indirect, that may occur during use and arising from the third-party Services.

9. Obligations of the User

1) The user undertakes to only use the Applications, as well as any information to which they may have access, for purposes compatible with public order, good customs, and the rights of third parties and the Company, as well as with the ethical rules that govern the internet.

2) The user undertakes not to commit any act that may jeopardize their own computer security or that of other users of the Application and not to impair the use that may be made by them.

3) The user undertakes to inform the Company, by registered letter with acknowledgment of receipt, of any complaint, action or legal claim that may be subject to and that may have consequences for these general terms and conditions of use.

4) Notify the Support team of any security accident, including (but not limited to): lost/stolen access credentials, unauthorized access to the account, and other situations so that we can assist.

5) Use the Application in a lawful manner, report any behavior that fails to comply with these terms and conditions and other binding documents that subscribe/bind MobyFinder.

6) Fully comply with these Terms and Conditions, in addition to any (and all) legislation in force that goes beyond the obligations bound by this document.

10. Conduct and intellectual rights

In the event of non-compliance with these Terms and Conditions or in the presentation of manifestly illegal content, MoOngy may take all measures it deems useful regarding the users responsible for the violation in question.

Any user who acts in contravention of these Terms and Conditions may be suspended, without prejudice to being subject to legal proceedings in the civil or criminal sphere, specifically aimed at the repression of copyright and industrial property violations, MoOngy may, alternatively or cumulatively, suspend the service to the user for a reasonable period.

11. Service Warranties

11.1. Responsibility for the availability of the service

In no event shall MoOngy be liable for any direct and/or primarily indirect (e.g. incidental or consequential) damages of any kind, arising out of the service (including the use of or inability to use the service), the inability of the service to function as intended (or expected), loss of data or profits, performance or failure to perform under these terms, or for any other cause, including (but not limited to) damages resulting from the conduct of any third-party users or services.

11.2. Responsibility for the accuracy of the Content

MoOngy undertakes to make its best efforts to provide users with accurate and verified information, but does not guarantee the correctness, completeness or timeliness of the information disseminated in the Application.

11.3. Liability for Third-Party Services

Elements belonging to third parties, such as the website, trademarks, designs, models, images, soundtracks, video and video soundtracks, texts, photographs, logos, graphic charter or software, without this list being exhaustive (hereinafter referred to as "Third-party content") are the exclusive property of their authors and are protected as such by copyright, or any other rights relating to Intellectual Property and recognized by the legislation in force.

These general terms and conditions of use do not provide for the sale of any type of intellectual property rights over third-party Content for the benefit of users. Therefore, the user undertakes not to violate these rights in any way.

Users accept that, as long as the Third-Party Content expressly refers to the websites on which it is available, no confusion of any kind is possible, and the parties cannot accept that such elements and content are the property of MoOngy.

12. Privacy Notice

MoOngy respects your privacy and is committed to protecting the information you share with us. Our policy and practices and the type of information collected are described in our Privacy Policy. If you wish to connect to, access or use our Service, you must first read and agree to the Privacy Policy.

13. Evidence convention

All correspondence (electronic documentation) exchanged with the support team is understood to have probative value (documentary evidence) and is used for judicial purposes.

The records kept in MoOngy's computer systems will be kept in accordance with the data retention and retention periods and will be considered as evidence of the communications made between the parties.

The retention and storage of access data to the services are carried out on a reliable and durable medium, which can be presented as evidence.

14. Compliance with road safety regulations

The user is reminded that is responsible for complying with the applicable road safety and highway regulations, regardless of the location.

The user remains solely and exclusively responsible for compliance with the highway code and the applicable provisions on road safety, regardless of their location, and MoOngy cannot, under any circumstances and under any pretext, be held liable in this regard.

15. Updating the Terms

MoOngy may update these Terms and Conditions at its sole discretion and without prior notice. In the event of significant changes to these Terms and Conditions, these will be notified in the Application and to the email address registered in your Account. These significant changes will be effective seven (7) days after the notification is sent.

In the event that the Terms and Conditions have to be amended to comply with legal requirements, such changes may be effective immediately and without any prior notice as required by law.

16. Termination of Service

At any time, MoOngy may block your access to our Service and/or limit, suspend or terminate, temporarily or permanently, your access to the Service, for any reason, provided throughout these Terms and Conditions, in addition to any other remedies that may be available to MobyFinder under any applicable law.

In addition, MoOngy may, at any time and in its sole discretion, discontinue the operation of our Service or any portion thereof, temporarily, or permanently, without notice. You agree and acknowledge that MoOngy assumes no liability in connection with, or in connection with, the cessation of operation of our Service.

17. Legal Notice

MoOngy does not guarantee that it complies with the requirements of any and all international laws or regulations and undertakes to comply with any and all European legislation.

18. Applicable law and jurisdiction

These Terms are governed by Portuguese law. All legal disputes and disputes arising out of or relating to these Terms, including questions relating to their interpretation, enforcement, validity and/or termination, shall be finally resolved by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce, Paris ("Rules") by three arbitrators appointed in accordance with the Rules.

The seat of arbitration shall be in Lisbon, Portugal. The Portuguese law of procedural law applies whenever the Rules are silent. The language of the arbitration shall be English.

19. Contact

If you have any questions about these Terms and Conditions contained herein, please contact: support@dxspark.com