Siemens End User License Agreement for Mobile Applications
Status: January 2023
This End User License Agreement for Mobile Applications ("Agreement") is between you as an individual user, as a family group, or as an individual family member whose user account has been merged for the purpose of forming a family group ("you", "your", "user") and the Siemens company named in the imprint ("Siemens", "we", "us"), not with Google Ireland Limited ("Google") as operator of Google Play or Apple Distribution International Ltd. or any of its affiliates (“Apple”) as operator of the App Store. Apart from third party content (“Third Party Content”), Siemens is solely responsible for the app, its content and for any claims and support relating to the app.
1. Functionalities/Contents of the App
1.1 The app gives you access to benefits and/or offerings in connection of e-mobility of your employer according to the applicable agreement with your employer. It is your own responsibility to verify which services are paid by your employer and which services are to be paid by you.
1.2 For an overview of the app's functionalities, please refer to the description in Google Play or the product description pages of Siemens.
1.3 Use of the app requires registration and the creation of a user account. You are obliged to provide and to update for the term or your registration all information and data required as part of the registration process in an up-to-date, complete, and correct manner. Please keep your username and password secure and confidential, do not share this data with third parties and ensure that third parties do not have access to this information.
1.4 This Agreement does not apply to the technical requirements necessary for the operation and for the use of the app, such as the required connectivity, the technical requirements and the configuration and performance of the mobile end device.
1.5 You can download the app free of charge.
2. Siemens Services
2.1 Siemens offers you to get in contact with the Siemens support team via the app (mail or call) for all questions related to charging sessions..
2.2 Apart from that, Siemens is only facilitating the access to the app for enabling you to receive benefits from your employer and/or services from Monta. You may also buy services from Siemens and/or Monta on your own account via the app.
3. Third Party Services
3.1 The app allows you to make use of services offered by the third party Monta Aps (Monta ApS with its registered seat in Copenhagen, Strandboulevarden 122, 5th floor, Denmark (“Monta”)) (“Monta Services”).
3.2 The following services are provided to you by Monta via the app according to the Terms of Use of Monta and and the Privacy Policy of Monta (“Monta Services”) provided that you have an applicable agreement with your employer:
- Provision of information services and access technology to the charging infrastructure for electric and plug-in hybrid vehicles, as well as services for the use of a public network of charging stations in order to charge your electric vehicle. In addition, Monta offers to settle the charging fees with your employer if you have a corresponding agreement (“Public Charging”).
- Settlement of home reimbursement services between your employer, provided that you have an applicable agreement with your employer (“Home Reimbursement Services”).
- The ability for you to configure and connect a new charge point that shall be used for “Home Reimbursement Services”.
- Settlement of charging your electric vehicle at your workplace between you and your employer (“Work charging”).
- Provision of a virtual payment method which can be used to pay for charging your electric vehicles by funds placed in your personal Monta account directly by use of the Monta App or by use of a charge key (RFID card) connected to your account (“Wallet”).
- Offering of further payment methods such as credit card, Apple Pay and Google Pay as further described in the Terms of Use of Monta.
- Connecting your car to retrieve information such as the current battery level (“Car Integration”)
- Overview of your charging sessions and transactions
3.3 Such Monta Services are provided by Monta. Siemens provides you the app so that you can receive benefits from your employer but does not offer the Monta Services. Although Siemens provides information about Monta Services and connects you with Monta, these Monta Services do not constitute sponsorship, affiliation or endorsement of Monta by Siemens.
3.4 We remind you that by making use of the Monta Services, you agree to be bound by Terms of Use of Monta and the Privacy Policy of Monta . We encourage you to read these terms and conditions and policies and use them at your own risk.
3.5 You hereby acknowledge and agree that Siemens is not a party to any agreement that has been entered into between you and Monta and is not responsible for any errors or omissions or legal compliance and is not liable for any direct or indirect claims, injuries or losses caused or alleged to be caused by or in connection of the Monta Services.
4. Ownership of the App / Rights of Use
4.1 The app offered by Siemens through Google Play, including its content, functionality, updates, bug fixes and patches, is protected by copyright and other intellectual property laws. Ownership and all intellectual property rights in the app remain vested with Siemens, Monta or – if applicable – its subsuppliers - notwithstanding the following provisions.
4.2 We grant you a non-exclusive, non-transferable, and non-sublicensable right to use the app on your Android-capable end device, limited to the country of your usual place of residence. The right of use is limited to the use of the app for your own private purposes and insofar as it is necessary to obtain the services provided via the app in accordance with its functionalities.
4.3 Commercial distribution or other use of the app or the services or content provided is not permitted.
4.4 You may not reproduce or copy (except for backup purposes), rent or lease, modify or otherwise alter the app, in whole or in part, and, if you sell your Android-capable device to a third party, you must remove the app from the device before doing so. Further, you may not reverse engineer the app. Decompilation and disassembly is permitted if (and only to the extent) permitted by applicable law in your usual place of residence.
5. Warranty/Liability
5.1 Siemens’ liability for defects of quality and title and damages in connection with the provision of the app shall be subject to the statutory provisions.
5.2 We reserve the right, considering your legitimate interests, to remove the app from Google Play at any time and to cease further distribution. Removal of the app and discontinuation of distribution via Google Play will not affect your legal right to use the app that you have already downloaded or that is stored in your user account on Google Play. In particular, we will remove the app and cease further distribution if, due to an alleged or apparent infringement of the (intellectual property) rights of third parties or the alleged or apparent infringement of applicable laws through the app or its use.
6. Use of Data
6.1 In connection with your use of the app, Siemens (or Siemens' service providers) may process technical data and related information, including but not limited to data and information about your device, system and application software, and peripherals or other content. We may use this data and information, as long as it is in a form that does not personally identify you, to improve our products and services or to provide services or technologies to you.
6.2 The processing of personal data (e.g., names, addresses, phone numbers, email addresses or full IP addresses) is carried out in accordance with applicable data protection laws. The privacy policy can be found in the info section of the app. For more information on this topic, please refer to: http://www.siemens.com/corp/en/app/privacy.html.
7. Changes to the app / Changes to this Agreement
7.1 Siemens provides the app in a multi-user environment and must therefore reserve the right to modify or discontinue the app for good cause not foreseeable by Siemens. This is particularly the case if (i) legal requirements or case law require the app to be modified or discontinued; (ii) changes are imposed on Siemens by its subcontractors and/or suppliers; (iii) Siemens' business relationship with a provider of software and/or services used by Siemens and essential to the provision of the app is terminated; and/or (iv) modification or discontinuation is required due to otherwise existing security risks. Changes will not result in any additional charges to you. Siemens will notify you of any change, including any impairment of your ability to access or use the app, or discontinuance of the app and the effective date of such change, at least 90 days prior to such change. Siemens will not maintain earlier versions of the app.
7.2 Any amendment to this Agreement will be notified to you via the app or other electronic means at least two months prior to their effective date. The amendments will become effective only if you have provided your consent. Your consent shall be deemed to have been given if (i) you have not objected to the amendments prior to their proposed effective date and (ii) such amendments are necessary to restore the conformity of the contractual provisions with a changed legal situation because a provision of this Agreement no longer conforms to the legal situation as a result of a change in the law or becomes ineffective or may no longer be applied as a result of a legally binding decision. Insofar as Siemens makes changes to this Agreement on the basis of a deemed consent, you shall be entitled to immediately terminate this Agreement. Siemens will inform you of the legal consequences in the notification of an amendment to this Agreement.
8. Export Control
You shall comply with all applicable sanctions, embargoes and (re-)export control regulations, and, in any event, with those of the European Union and the United States of America (collectively “Export Regulations”). In particular, the app and any accompanying materials may not be used, accessed or transferred, unless permitted by the Export Regulations or respective governmental licenses or approvals, (i) in or to any location prohibited by or subject to comprehensive sanctions or license requirements according to the Export Regulations; (ii) by or to any individual or entity designated on a sanctioned party list of the Export Regulations; (iii) for any purpose prohibited by the Export Regulations. Siemens shall not be obligated to fulfill this Agreement if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. You acknowledge that Siemens may be obliged under the Export Regulations to limit or suspend access by You to the app.
9. Choice of Law and Place of Jurisdiction
The governing law and forum shall be the laws and courts of your usual place of residence.
10. Severability
If any provision of this Agreement is or becomes void or unenforceable, the validity of the remaining provisions of this Agreement shall not be affected and such provisions shall remain valid and enforceable. Amendments, supplements, and additional agreements to this Agreement must be in writing and signed by duly authorized representatives of the parties in order to be valid. Any waiver of the written form requirement must also be in writing. Declarations by e-mail or other electronic communications are not sufficient to fulfill the written form requirement.