Terms of Use – Exolink Platform and Connect-OCPP-Broker Functionality A. General Provisions § 1 Subject Matter of the Agreement § 2 Availability § 3 Your Obligations as a Customer § 4 Liability § 5 Term and Termination § 6 Fees and Payment Terms § 7 Confidentiality § 8 Final Provisions B. Additional Provisions for the Exolink Lab C. Additional Provisions for the Use of the Exolink Marketplace Becoming a Provider on the Exolink Marketplace Please read these Terms of Use for the Exolink Platform carefully and in full. By registering, you agree to these Terms of Use. This offering is explicitly directed only at businesses and not at private individuals. The following terms apply between Exolink GmbH (hereinafter also referred to as “Exolink”) and the users (hereinafter “you”).

(1) Exolink grants you the right to use the most current version of the Exolink Platform via the Internet by accessing it through a browser, in accordance with the selected plan: https://www.exolink.com/pricing (2) You are granted, for the contractually agreed number of users, worldwide, non-transferable, non-sublicensable, revocable, non-exclusive, and time-limited rights to use the Exolink Connect-OCPP-Broker (an integral part of the Exolink Platform) through browser access, for the duration of the selected plan and subject to the contractual provisions. Any rights of use beyond this scope, particularly with respect to the software, applications, or code employed, including but not limited to the source code of software components or applications, or the operating systems of the servers on which the Exolink Connect-OCPP-Broker software is operated, are expressly not granted. This does not apply to included open-source software or other third-party components. For such components, Exolink grants you only a simple right of use, limited to their intended purpose. No physical delivery of software components of the Exolink Connect-OCPP-Broker will be provided. (3) The provisions of the selected plans or any individually agreed contracts or service level agreements (SLAs) take precedence over the general provisions of these Terms of Service.

(1) Exolink ensures an overall availability of the Exolink Platform of at least 99.9% per month at the transfer point. Availability means the ability of the customer to use all main functions of the Exolink Connect-OCPP-Broker as defined in § 1 of these Terms of Service. The measurements carried out by Exolink are decisive for demonstrating availability. Announced maintenance periods are considered periods of availability. (2) Exolink may update and further develop the software components of the Platform and the Exolink Connect-OCPP-Broker at any time, in particular to reflect changes in legal requirements, technical developments, or to improve IT security. Exolink welcomes your suggestions for improving the Platform and the Exolink Connect-OCPP-Broker at support@exolink.com; however, Exolink is not obliged to make adaptations tailored to your individual needs or IT environment. (3) Exolink will implement measures in line with the state of the art to protect the Exolink Platform and the Exolink Connect-OCPP-Broker. However, Exolink does not assume any custodial or safekeeping obligations with respect to your data. You are solely responsible for ensuring adequate backup of your data. (4) If the availability defined in paragraph 1 is not achieved, Exolink will refund part of the monthly plan fee. The refund depends on the degree of deviation and will be granted in accordance with the following table:

Deviation of the actual availability from the contractually guaranteed Refund availability (in percentage points)

The availability shall be rounded to one decimal place for the purpose of assessing the refund. A request for the refund is required and must be submitted in text form within three months after the end of the respective month or calendar year.

(1) To use the Exolink Platform, you must first create a login. For this purpose, you must provide your name and your email address. As soon as you wish to use the Platform’s functionalities, you must select one of the available plans and provide the required billing and payment information. (2) You are responsible for ensuring that the information you submit to us is accurate and kept up to date. If you specify a company as the invoice recipient when booking, you confirm that you are authorized to act on behalf of that company and to accept these terms in its name. (3) You are prohibited from creating services or workflows using the Exolink Platform or otherwise using the Platform in any manner that would cause processing to violate applicable law, regulatory orders, third-party rights, or agreements with third parties. (4) Any attacks on or attempts to spy on the Exolink Platform or other users, or any such activities carried out using the Platform’s functionalities that can be demonstrably traced to your login, will be deemed attributable to you. You must therefore keep all security-relevant information such as your username and password confidential and protect and store it against access by third parties in accordance with the state of the art. If you have reason to believe that another person has access to your credentials, please notify us without undue delay at support@exolink.com so that we can temporarily block your account and reset the password. (5) You represent and warrant that the content and data you store on the Exolink Platform, and their use and provision by Exolink, do not violate applicable law, regulatory orders, third-party rights, or agreements with third parties. You shall indemnify and hold Exolink harmless, upon first request, from and against any claims asserted by third parties due to a violation of this paragraph. (6) Detected disruptions must be reported without undue delay to support@exolink.com.

(1) The parties shall be liable without limitation in cases of intent, gross negligence, and for culpable injury to life, body, or health. (2) Without prejudice to the cases of unlimited liability under paragraph 1, the parties shall be liable to each other for damages arising from negligent breaches of duty only where such breaches concern essential contractual obligations i.e., obligations whose fulfillment is a prerequisite for the proper performance of the agreement, whose breach endangers the achievement of the contractual purpose, and on whose compliance the other party regularly relies. In such cases, liability shall be limited to the foreseeable, typical damage at the time of conclusion of the agreement. (3) The above limitations of liability shall not apply to liability under the Product Liability Act, nor to liability arising from written guarantees expressly assumed by a party.

(1) To use the Exolink Connect-OCPP-Broker, you must subscribe to one of the available plans. (2) Termination is possible for each plan at the end of the following calendar month, unless a different notice period is specified for the respective plan. (3) Termination of the plan by the user may be carried out via the user’s account on the Exolink Platform. Alternatively, termination may also be submitted by email to support@exolink.com. (4) At the time the termination becomes effective, the associated data will be deleted, unless Exolink is contractually or legally obliged to retain such data for a longer period. (5) The right to extraordinary termination for good cause remains unaffected. Good cause for termination includes, but is not limited to: - if you attack the Exolink Platform or deliberately test or exploit vulnerabilities, - if you use the Exolink Platform in such a way that applicable law, regulatory orders, third-party rights, or agreements with third parties are violated.

(1) Billing is carried out at the beginning of each month via the selected payment method. For the commercial processing of plan payments, we use http://stripe.com as a service provider. (2) The first month of the plan subscription will be charged on a pro rata basis if the plan was not initiated on the first day of the month. (3) Usage-based fees beyond the mere provision of the service (e.g., traffic) will be invoiced in the following month.

(1) The parties shall comply with the applicable data protection regulations relevant to them. An overview of the processes in which we process personal data in the course of providing our services can be found in our Privacy Policy. (2) Exolink undertakes to maintain confidentiality with respect to all information (including trade secrets) that Exolink becomes aware of in connection with the provision of the Exolink Platform, and not to disclose, transfer, or otherwise use such information for any purpose. This obligation of confidentiality does not apply insofar as Exolink is legally required to disclose confidential information or is obligated to do so by a final and binding order or decision of an authority or court. (3) If the parties have concluded, or conclude during the term of the agreement, a separate agreement on the confidentiality of information (confidentiality agreement, non-disclosure agreement, etc.), the provisions of such separate agreement shall take precedence over the provisions of this section.

(1) If any provision of these Terms of Service is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid or unenforceable provision with a valid provision that comes closest to the economic intent of the original provision. (2) No oral side agreements to this contract exist. Any side agreements that are made must be documented in at least text form in order to be valid. If the parties have concluded a separate, individual (usage) agreement regarding the provision of the Exolink Platform, the Exolink Connect-OCPP-Broker, and/or other (IT) services, such agreement shall take precedence over these Terms of Service. (3) Exolink reserves the right to unilaterally amend these provisions if a change in market conditions, specific legal requirements, or supreme court rulings necessitates an adjustment of these Terms. Any amendment will only be made to the extent required by the unforeseeable events described in sentence 1 of this paragraph. Exolink is entitled to make such amendments only on the condition that notice of the amendment is provided to the user at least six weeks prior to its effective date. You may object to the amendment within six weeks of receiving such notice; otherwise, the amendment shall be deemed approved. Exolink shall expressly inform you of this consequence in the notification. (4) These Terms of Service are governed by German law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG). (5) The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Essen, Germany.

The Exolink Lab is a visual workflow designer that enables the rapid implementation of pilots as well as the deployment of highly available process flows for productive operations. The Lab is a paid feature of the Exolink Platform. Exolink guarantees the availability of the systems as described in § 2 (4) of this agreement; however, Exolink does not guarantee the functionality of workflows created by the customer. Failures caused by errors in customer-created workflows are therefore not counted towards the availability calculation. If service level agreements (SLAs) have been concluded between the customer and Exolink at the time of commissioning, such SLAs shall take precedence over the provisions defined herein.

Through the Exolink Marketplace, third-party services, software, Software-as-a-Service (SaaS) offerings, and applications (apps) can be booked and integrated into Exolink workflows. These services are hereinafter collectively referred to as Third-Party Apps. When using the Exolink Marketplace, the following provisions apply: The respective providers are responsible as publishers for the Third-Party Apps offered. The service level agreements (SLAs) and technical and organizational measures guaranteed by the providers apply. The pricing and billing model for the use of the services and software by the customer is determined by the third-party provider. Individual agreements between Exolink customers and Marketplace participants are permissible, provided they do not conflict with agreements between Exolink and its customers or between Exolink and the third-party providers. Failures of Third-Party Apps shall not be deducted from Exolink’s availability commitments. Exolink points out that contractual arrangements exist between Exolink and the third-party providers, which generally include compensation when a Third-Party App is used by an Exolink customer. If the offered services and software are to be used for the processing of personal data, an appropriate data protection agreement must be concluded between the Exolink customer and the third-party provider. If third-party providers act in breach of contract or otherwise cause harm to Exolink customers, such incidents should be reported to Exolink. In order to protect customers, Exolink may restrict or completely remove the provider’s offerings from the Exolink Marketplace. In the event of (legal) disputes between Exolink customers and third-party providers, the contracts between those two parties shall prevail.

To become a provider on the Exolink Marketplace, a prior review of the service, software, Software-as-a-Service (SaaS) offerings, applications (apps), etc. by Exolink is required. Please contact us for this purpose at support@exolink.com