TERMS AND CONDITIONS

These Terms and Conditions (the “Terms and Conditions”) govern the contractual relationship between the user, whether a natural person (hereinafter, the “User”) and ev jungle LLC, EIN 32-0674912, with address at 8 The Green #18462, Dover, DE 19901 (hereinafter, “ev jungle” and together with the User, the “Parties” and/or the “Party” as applicable) as a result of the provision of the service offered through an application under the iOS and Android system (hereinafter and together, the “Application”). Users will be subject to the respective General Terms and Conditions, together with all other policies and principles that govern ev jungle and that are incorporated herein by reference. ANY INDIVIDUAL OR LEGAL ENTITY WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE APPLICATION. The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies.

1. Registration

   1. To access the contents of the Application, the User must use his Google or Apple account or may register by entering the data requested by ev jungle for that purpose and verify that the information made available to ev jungle is accurate, precise and true (hereinafter, the "Account").
   2. ev jungle may use various means to validate the identity of the Users.
   3. The User will be solely responsible for the care of his Account, and for keeping his access keys protected. The User assumes full responsibility towards ev jungle and third parties for damages and losses that may occur as a result of their own actions, those of their dependents or third parties authorized or not connected through the Account, and must indemnify and hold ev jungle harmless for the inappropriate use of the Account.
   4. In order to acquire the status of User, Users must register and accept the Privacy Policy and these Terms and Conditions.
   5. ev jungle reserves the right to request proof and/or additional information in order to corroborate personal data, and to temporarily and/or permanently suspend the Service for any User whose data could not be confirmed. The personal data that the User provides will be integrated into a personal database for which ev jungle is responsible. For more information, consult the Privacy Policy.

2. The Service

   1. The ev jungle service consists of making available to Users a platform through which they can view information about charging points for their electric vehicles, including but not limited to their location, availability, charging prices and types of connectors (hereinafter, the “Service”).
   2. ev jungle will make available to the User the following information: a map operated under geolocation, the characteristics and activation of chargers, the payment of the charge and the User can make various contributions. Through the map it will be possible to view all the charging points and see three types of chargers differentiated: the verified ev jungle points (cured and tested surveyed points), the ev jungle Partners points (with full access to the charger activation and online payment, among many other functions) and the points added by the ev jungle community. Additionally, the User will be able to select their favorite charging points, as well as add new charging points, report problems, make comments and/or add photos of the charging point.
   3. The User may make comments regarding the use of the Service with ev jungle in real time and report any type of improvement or problems that he/she may have with the Application (hereinafter, the “Comments”) or upload photographs related to the Service (“Photographs”). In the event that the User makes Comments or uploads Photographs, the User grants a perpetual, irrevocable, royalty-free, non-exclusive, international, sublicensable and transferable license to use, reproduce, publicly display, distribute, modify and make use of said Comments and Photographs in a public manner and as ev jungle deems appropriate. Any Comments or Photographs that the User decides to provide us will be completely voluntary. The User understands that he/she will not receive any compensation for his/her Comments or Photographs and that they may be used to improve the Service or to develop new functions and services. The User will refrain from taking Photographs of third parties and personal images and by doing so guarantees to obtain the express consent of the person and to hold ev jungle harmless from any third party claim. the various freight service providers (hereinafter, the “Freight Service Providers”) or links to payment platforms defined by the freight service provider, as detailed in the Privacy Policy.
   4. The provision of the Service will be at the exclusive discretion of ev jungle, which may modify, delete or suspend, permanently or temporarily, features and functions thereof at any time, without prior notice and without this generating any right to claim by the User. Likewise, since some of the Services are provided via the Internet, ev jungle is released from any liability regarding any Internet connection problem that the User has and that, as a result, prevents him from using the Service.
   5. The use of the mobile Application will be completely free for all Users. ev jungle will not charge the User any fee for downloading, installing or using any functionality available in the Application.
   6. ev jungle reserves the right to modify the price condition in the future, at its own discretion, without this generating any right to claim in favor of the User. In the event that there is a modification regarding the pricing policy and ev jungle decides to introduce fees for the use of the Service, ev jungle undertakes to notify the User in advance through the Application and/or by email, according to the means that the User makes available for this purpose.
   7. The User understands and accepts that ev jungle acts only as a means through its Application for the User to access and use the charging point services provided by third parties. ev jungle does not directly provide the aforementioned services, but rather facilitates the connection between the User and the providers of said services. In this sense, ev jungle is not responsible for the quality, availability, security or any aspect related to the services provided by third parties. Any dispute, claim or legal liability arising from the use of these services must be dealt with directly between the User and the corresponding service provider. The User acknowledges that the services of said third parties are subject to their own specific terms and conditions and therefore ev jungle recommends carefully reviewing said terms and conditions before using any service provided by them.

3. Responsibility

   1. ev jungle only makes available to Users an Application that offers certain tools so that the User can view and locate the different charging points for their own vehicle and can carry out said charging, in accordance with the provisions of these Terms and Conditions. ev jungle simply limits itself to offering the technical means necessary for the management of the charge and will not be responsible for any other obligation. The User understands and accepts that ev jungle is not responsible for the proper functioning of the charging point, nor does it assign the prices applicable to said charges. ev jungle merely offers an Application through which it makes available to the User the information related to the charging points that are at their disposal. ev jungle is limited to making available information related to the correct use of the charging points in accordance with the recommendations made by the Charging Service Providers and is not responsible for them. The User understands and accepts that in case of doubts and/or complaints regarding the information made available in this regard, the User will refrain from making complaints to ev jungle.

   2. ev jungle makes all its means available to facilitate the management of the information in a useful and as accurate manner as possible, but does not offer any guarantee regarding the data provided. ev jungle does not guarantee the accuracy of the information made available through the Application, nor does it ensure the proper functioning of the charging points.

   3. ev jungle will not be responsible for the accuracy, reliability, availability, effectiveness, or use of the information provided to the User.

   4. The User must comply without conditions or exceptions of any nature with these Terms and Conditions. In particular, the User agrees to refrain from carrying out any of the following acts, and shall be solely responsible for any such acts: (i) using the Service directly or indirectly to violate any applicable law, regardless of its nature, whether provincial, state, national or international; (ii) using, making or transmitting information and/or materials whose content is, directly or indirectly, and without the following being considered a limitation, transgressive, profane, abusive, defamatory and/or fraudulent, or which reveals private or personal matters that affect any person. one, or in any way violate the rights of others; (iii) access the Service using false, erroneous or non-existent data, whether as a natural or legal person; (iv) send or transmit any material that the User does not have the right to transmit under the laws (whether copyright, trademarks, trade or industrial secrets, patents or other third party property rights, but not limited to them) or under contractual or fiduciary relationships (such as non-disclosure agreements); (v) violate or alter in any way the authentication, identity verification and security systems of the Service, networks or accounts of Users, brands and/or administrators and/or those responsible for the Service; this includes, and is not limited to, trying to access data or materials not intended for the User, or trying to test or alter in any way and at any level the security of ev jungle, using any kind of tools that serve identical or similar purposes; (vi) send or transmit files that contain viruses or other destructive characteristics that may adversely affect the operation of another's computer and/or may affect the correct operation of the same and/or the Service; (vii) use any computer program (software) or other means that mislead, in order to increase or procure patrimonial or commercial advantages in favor of the User or third parties not authorized by ev jungle or not provided for in these Terms and Conditions; (viii) carry out actions that restrict, deny or prevent any individual, group, entity or organization from using the Service, and the Internet in general.

      Likewise, the use of any method or system, whether computer or not, by the User and/or third parties on behalf of the User for the purposes of using the Service, which are not expressly authorized by ev jungle in these Terms and Conditions and/or by other express means, is prohibited and will be cause for the sanctions and/or procedures contemplated therein, without prejudice to the legal actions that ev jungle and/or its representatives and/or successors may bring for their purposes.

      The User agrees to hold ev jungle harmless against any claim received from third parties and/or government authorities for any action that reflects what is mentioned in this clause.

   5. ev jungle shall in no case be liable for losses or damages arising from circumstances beyond its control. These circumstances include but are not limited to: electrical or magnetic damage or deletion of electronic or photographic images, data or recordings; any defect or characteristic related to the Service, even if these are known to ev jungle; “Force Majeure” – e.g. earthquakes, hurricanes, storms, floods, fog, wars, air accidents, aircraft blockages, strikes or civil commotion, industrial action. All other types of loss or damage (such as, but not limited to, loss of profits and future business) are also excluded, regardless of whether such loss or damage is indirect or of special consideration, or even if ev jungle had been advised of the risk of such loss or damage before or after using the Service.

   6. The User must be aware that ev jungle contracts its access to the Application and its servers with a third party, providers of said services. Consequently, the User accepts and acknowledges that the Service may not always be available due to technical difficulties or failures of the Internet or third party providers; Internet congestion, or for any other reason beyond ev jungle's control. Consequently, ev jungle does not guarantee the availability and continuity of the operation of the Service; nor does it guarantee the usefulness of the Service for carrying out any particular activity, nor its infallibility and, in particular, although not exclusively, that Users can effectively use the Service, or all of them.

   7. ev jungle reserves the right to make all the modifications it deems necessary in order to improve the quality and performance of the Service, without this meaning a commitment to be fulfilled reliably.

   8. ev jungle provides information on charging networks for electric vehicles through a mobile Application. However, we are not responsible for any problems that may arise with the payment process for electric charging through the Application. Users are responsible for making electric charging payments in accordance with the terms and conditions established by the Charging Service Providers and associated financial entities. We do not guarantee the accuracy, integrity or availability of the payment systems integrated into the Application, nor can we ensure that payments are processed correctly.

   9. The User understands that the information provided in the Application may not be distributed or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in such jurisdiction or country. Accordingly, persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent applicable. Use of the Application.

4. Use of the Application.

   1. ev jungle will not be liable if Users do not have a means of communication or technology compatible with the use of the Application to access information.
   2. Users agree to make appropriate and lawful use of the Application in accordance with applicable law, these Terms and Conditions, generally accepted morality and good customs and public order.
   3. By using the Application or the Services, Users agree that: a. They will not request the Service for illicit, illegal purposes, contrary to the provisions of these Terms and Conditions, good faith and public order, or harmful to the rights and interests of third parties. b. They will not try to damage the Service or the Application in any way, nor access restricted resources in the Application. c. They will not use the Service or the Application with an incompatible or unauthorized device. d. They will not introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the Application.

5. Use and Guarantee of the Application.

   1. ev jungle does not guarantee the availability and continuity of the operation of the Application. Consequently, ev jungle will not be responsible in any case for any damages that may arise from (i) the lack of availability or accessibility to the Application; (ii) the interruption in the operation of the Application or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, communication systems, the Internet or other electronic systems, produced in the course of its operation; and (iii) other damages that may be caused by third parties through unauthorized interference beyond the control of ev jungle.
   2. ev jungle does not guarantee the absence of viruses or other elements in the Application introduced by third parties other than ev jungle that may cause alterations in the physical or logical systems of the User or in the electronic documents and files stored in their systems. Consequently, ev jungle will not be liable in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User.
   3. ev jungle adopts various protective measures to protect the Application and the contents against computer attacks by third parties. However, ev jungle does not guarantee that unauthorized third parties cannot know the conditions, characteristics and circumstances in which the User accesses the Application. Consequently, ev jungle will not be liable in any case for any damages that may arise from such unauthorized access.
   4. By accepting these Terms and Conditions, the User declares that he/she will hold ev jungle, its subsidiaries and controlling companies, directors, partners, employees, attorneys and agents harmless from any claim arising from (i) Users' failure to comply with any provision contained in these Terms and Conditions or any law or regulation applicable to them, (ii) failure to comply with or violation of the rights of third parties including, but not limited to, other Users; and (iii) failure to comply with the permitted use of the Application.

6. Intellectual and Industrial Property Rights

   1. The User acknowledges and accepts that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Application are protected by the User's rights in the Application (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video) belong to ev jungle.
   2. ev jungle authorizes the User, and during the term of the Service, to use, view, print, download and store the contents and/or elements inserted in the Application exclusively for personal, private and non-profit use, refraining from performing any act of decompilation, reverse engineering, modification, disclosure or supply on them. Any other use or exploitation of any contents and/or other elements inserted in the Application other than those expressly provided for herein shall be subject to prior authorization from ev jungle.

7. Confidentiality.

   1. The Parties shall maintain in strict confidentiality and shall not disclose or reveal to third parties, in whole or in part, without the prior express written consent of the disclosing Party, any information, matter or objects that are disclosed to it by any of the Parties as confidential, secret or proprietary in nature of said Party, such as trade secrets or policies, or any information that according to the circumstances of its disclosure should be considered confidential (hereinafter the “Confidential Information”), for which it shall take all reasonable precautions to prevent its unauthorized dissemination or disclosure and refrain from sharing any or all of the information with any third party for any reason whatsoever, except if required by court order. The duty of confidentiality includes, but is not limited to, all documents, whether handwritten or on magnetic media, verbal or written instructions or orders, that any of the Parties has given to another Party or that come to its knowledge by virtue of the provision of the Service.

8. Data Protection

   1. The Personal Data that the User provides for the registration of the Application will be integrated into a database for which ev jungle is responsible, whose address appears in the heading of this document.
   2. ev jungle declares that the personal data of the Users will be used only for the purpose of providing the Service as mentioned in Clause Two and to carry out the corresponding billing for the same.
   3. Users may exercise the rights to access, rectify, delete and update their personal information, as well as to oppose the processing of the same, all in accordance with the provisions of the applicable regulations.
   4. The User acknowledges and accepts that the information entered in the Application for the use of the Service will be transmitted to ev jungle, and will be used by ev jungle in accordance with its Privacy Policy available for consultation in the Application.

9. Communications. Complaints.

   1. Any notification or other communication required to be made under these Terms and Conditions must be made in writing to the User at the email account made available to ev jungle, which will be deemed valid even if a factual inconvenience not attributable to ev jungle arises that makes it impossible for the User to be informed of the content of the notification.
   2. In the event that the User intends to make a claim regarding the Service offered, the User may contact ev jungle through its official channels mentioned on the website: https://www.evjungle.com/.

10. Applicable Legislation. Jurisdiction.

    1. These Terms and Conditions, as well as the relationship between ev jungle and the User, shall be governed by and construed in accordance with the laws of Delaware, United States.
    2. Any dispute regarding the validity, existence, interpretation, compliance, non-compliance or execution of these Terms and Conditions, as well as any aspect of the Service, shall be settled exclusively before the Commercial Courts of Delaware, United States.

11. Complaints

    1. In the event that the User finds something that he considers objectionable or in violation of these Terms and Conditions, the User may report it to the channels established in Clause 9.2. with the subject “COMPLAINTS”.

12. General Provisions

    1. The use of the Service attributes the condition of User and expresses the full and unreserved acceptance by the User of each and every one of the clauses of the Terms and Conditions in the version published by ev jungle in the Application at the time the User uses the Service.
    2. The User declares that he has the legal capacity to contract and has no impediment according to the applicable jurisdictions, and undertakes to use the Service for a lawful purpose. If the User accepts these Terms and Conditions On behalf of a company or other legal entity, the User expressly represents that he/she has sufficient authority to bind said entity to these Terms and Conditions, in which case the term “User” shall refer to said entity and its employees. If the User does not have such authority, he/she must refrain from using the Service on behalf of said legal entity.
    3. The use of the Service is also subject to all notices, rules of use, instructions, policies, complementary, supplementary or specific terms and conditions, present or that may be published in the Application by ev jungle in the future.
    4. ev jungle may modify the Terms and Conditions at any time by communicating such modifications to the Users. New versions of the Terms and Conditions will be notified by: (i) publication of said new version in the Application and/or (ii) by email message addressed to the User with a link to the corresponding URL. Upon receipt of such notice, the User's continued use of the Service after such new version is posted shall be deemed acceptance of such modifications to the Terms and Conditions. Accordingly, the User agrees to: (i) check the Terms and Conditions before using the Application; and (ii) read any email message sent by ev jungle containing any modifications or new versions.