1. Introduction, agreement and scope

Thank you for downloading the Verne App. Please review these terms and conditions carefully before you start using the application and the related connectivity services.

By downloading or otherwise using the Verne App an agreement is entered into between you and Verne Power B.V., located in Doorn, The Netherlands and registered with the Chamber of Commerce under number 83294457 (hereinafter ‘Verne Power’). Your use of the Verne App is subject to these terms and conditions.

These terms and conditions are applicable to the Verne App itself, and to the connectivity services provided by Verne Power through the app. However, please note that any hardware is covered by the separate terms and conditions provided when purchasing the hardware, and not by these terms and conditions.

For information on the processing of personal data, please refer to Verne Power’s Privacy Policy, available on our webpage.

2. General information

The Verne App provides functionality that you can use if you own a Verne Battery. If you download the Verne App and register a personal account (as described below) Verne Power is, on these terms and conditions, willing to provide you with the right to use the Verne App.

The Verne App is designed for remote interaction (using Bluetooth) with Verne Batteries. With the Verne App, you can view the status of your batteries and control their settings. Examples of functions that are available in the Verne App include viewing the Status of Charge, temperature, current and time to charge / discharge.

3. Basic requirements for use

The license to the Verne App is free of charge. The Verne App requires an internet connection to register and to interact with Verne Power’s cloud systems. You are solely responsible for having an appropriate internet subscription for the device on which the Verne App is installed. Your internet subscription may entail additional terms and conditions, including data traffic costs, for which Verne Power is not liable.

To get access to the services in the Verne App, you must register a personal account and connect to one or several Verne batteries. To create an account, enter your e-mail address and select a password in the Verne App. Subsequently you can activate the account by following the instructions in the confirmation email sent to you in connection with the registration process.

To connect a Verne battery to the application, you must enter the Bluetooth passcode that is printed on the label of the battery.

Verne Power does not guarantee that the Verne App will be or remain compatible with a particular mobile device. In addition, you may need to keep your mobile device’s software updated to continue accessing the Verne App.

4. Your responsibilities

You are responsible for keeping your personal credentials and log in information up-to-date and secure from unauthorized access. You are responsible for taking preventive measures and actions to protect the device you have installed the Verne app on from viruses or other harmful content.

We recommend that you immediately notify Verne Power if there is a discrepancy or incorrect data detected in the information available in the application/services or if you identify any virus or corruption.

If you allow other people to use your Verne App or to connect to your Verne batteries, you confirm and agree that you are fully responsible for such use. This means that you also take full responsibility for other users’ actions and omissions, and that other users violations of these terms and conditions will be deemed to constitute an infringement committed by you.

Under no circumstances shall you use the Verne App in a manner that violates good practices or applicable laws or regulations, including but not limited to intellectual property rights and privacy laws.

You have the responsibility to use the Verne App with care and precaution. It is your responsibility to only use functions in the application when you are certain that this does not entail a risk for damages to property or persons. For example, do not turn on the current for a Verne battery using the Verne App without making certain that it is safe to do so.

5. Remote connectivity

When a Verne battery is in your vicinity, you will be able to use the Verne App via Bluetooth connectivity. Using the Bluetooth connection the Verne App can retrieve status information and (historical) data from the Verne battery, and settings can be updated.

When an internet connection is available on your mobile device, the Verne App will also exchange information with Verne’s cloud system. Historical usage data and configuration settings from connected batteries will be uploaded to Verne’s cloud system, and firmware updates will be downloaded.

6. Availability

While Verne Power endeavors to ensure that the Verne App and the connectivity services are available 24 hours a day, Verne Power shall not be liable if, for any reason, the application or the services are unavailable at any time for any period. Access to the application and the connectivity services may be suspended temporarily and without notice in case of system failure, maintenance or repair or for other reasons.

Verne Power makes no warranties, express or implied, regarding the functionality or accessibility of the application and the connectivity services or that the application or connectivity services are provided error-free.

7. Changes of these terms and conditions

Verne Power may from time to time and at its sole discretion make changes to these terms and conditions. The latest revision date is stated at the end of the document. It is your responsibility to check the terms and conditions from time to time for updates. You will have no obligation to continue using the application following any changes to the terms and conditions, but if you continue to use the application after any changes it will constitute your acceptance of the changes.

8. Disclaimer regarding information and material published by Verne Power

While Verne Power endeavors to ensure that the information in the application published by Verne Power or any of its subsidiaries is correct, Verne Power does not make any warranties or undertakings of any kind in relation to the information and material, including but not limited to the accuracy and completeness of the information and the material. Verne Power may make changes to the information and material provided in the Verne App at any time and without notice. The information and material in the application may be out of date, and Verne Power makes no commitment to update such information and material.

Accordingly, Verne Power provides you with access to the Verne App on the basis that Verne Power excludes all representations and warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) in relation to the application, to the maximum extent permitted by law.

9. Intellectual property rights, license etc.

All intellectual property rights to the Verne App, and their content (including but not limited to any software), are owned by Verne Power or its licensors. Unless permitted by these terms and conditions, you will not be granted any rights in or to such intellectual property rights.

Verne Power grants you a limited license to access and use the Verne App under these terms and conditions. This license is provided as a non-exclusive, non-transferable and non-assignable license. The license is provided to you as an individual user, unless otherwise expressly permitted under these terms and conditions.

Unless and to the extent permitted by law, you may not decompile, reconstruct, attempt to derive the source code, modify, or create edits of the Verne App. Violation of this limitation or failure to comply may result in the termination of these terms and conditions without prior notice from Verne Power. You may also be subject to legal action and liability.

All rights to trademarks, company logos, domain names and symbols of Verne Power or Verne Power licensees’ intellectual property rights used or linked in the Verne App or the connectivity services belong to their respective owners, and all rights to them are reserved.

10. Limitation of liability

To the extent not prohibited by mandatory law;

(a) in no event shall Verne Power, any of its subsidiaries, their officers, directors, employees or shareholders, be liable for any amount or any kind of loss or damage that you or any third party may incur (including without limitation, any direct, indirect, punitive or consequential loss or damage, or any loss of income, profits, and whether in tort, contract or otherwise) in connection with your use of the Verne App in any way, or in connection with the inability to use or the results of the use of the Verne App.

(b) you agree that your sole and exclusive remedy for any problems, losses, costs or dissatisfaction caused by the use of the Verne App is to de-register from the application.

11. Term and termination of the agreement

These terms and conditions apply as long as your account in the Verne App is active or as long as Verne Power decides to make the application available.

You may terminate this agreement by deleting your user account in the Verne App and the app itself, or by manually advising Verne Power to delete your user account.

Verne Power may terminate this agreement and/or your account immediately in case of a violation of these terms and conditions. Verne Power may also terminate this agreement and/or your account for convenience by giving 14 days prior written notice.

12. Applicable law

Unless otherwise required by mandatory provisions under applicable consumer legislation, these terms and conditions will be governed by and construed in accordance with Dutch law.

13. Revision date

These terms and conditions have been last revised on September 19th, 2022.