Terms and Conditions

These general terms and conditions (hereinafter referred to as “Conditions”) govern the provision of the AmpereOne app and the services of AmpereOne S.r.l., with registered office at Via Patti 12, 94013 Leonforte (EN), Italy, Tax Code and VAT no. 01332710860, REA EN-451865, share capital: €10,000.00 of which €2,500.00 paid in, certified email: ampereonesrl@pec.it, email: info@ampereone.it (hereinafter the “Company”).

The use of the AmpereOne App and the Company’s services is subject to the complete reading and acceptance of these general terms and conditions. If the user does not intend to accept these general terms and conditions, they will not be able to use the App or its services.

For the purposes of the Conditions, the following terms, when capitalized, have the meaning indicated below, specifying that each defined term applies both in the singular and plural:

• Account: the User’s personal account for accessing and using the App;
• App: the AmpereOne application; in the definition of App, in addition to the application itself, the contents, texts, information, data, images, graphics, videos, audio, files, codes, databases contained in or otherwise related to the App, as well as any releases of the App following the conclusion of the Contract, must be considered;
• Consumer: the natural person acting for purposes unrelated to any business, commercial, craft, or professional activity as per Article 3, paragraph 1, letter a, of Legislative Decree 206/2005 (the so-called Consumer Code) and subsequent amendments and integrations;
• Contract: means both the contract for the use of the App and the individual Rental contracts entered into from time to time between the Company and the User, including the Form, the Conditions, and any pages or documents referred to in the Form and the Conditions;
• Credentials: the user ID and password uniquely assigned by the Company to the User for access to the Account;
• Device: the User’s smartphone and tablet compatible with the Power Bank, as provided on the page https://ampereone.it;
• Form: the registration and/or order form filled in by the User and sent via the App to the Company, containing the data and technical-economic conditions of the Service chosen by the User among those offered by the Company;
• Rental: the Contract entered into from time to time between the Parties for the rental of a single Power Bank;
• Parties: the User and the Company;
• Power Bank: the portable charger subject to Rental under these Conditions, as better described on the page https://ampereone.it;
• Services: the services provided by the Company, including the App and the Rental;
• Station: each station where it is possible to rent or return Power Banks;
• User: the natural person who uses the Services.

2.1 The Conditions govern the provision of the Services together with any special conditions contained in the Form and in any page or document referred to in the Form and the Conditions.

2.2 The Conditions do not apply to third parties and, in any case, do not regulate in any way the provision of products and/or services by third parties other than the Company, even if such parties are mentioned in the App via links.

3.1 The use of the App and Services is subject to the User’s registration in the App by creating their own Account, according to the instructions indicated therein.

3.2 Registration in the App with the creation of the Account and/or use of the Services constitutes and implies the conclusion of the Contract with the User’s full acceptance of the Conditions.

3.3 Registration in the App and use of the Services may only be carried out by adults.

3.4 Only one account may be created for each User, even for the use of multiple Services. The use of the App by the User is strictly personal.

3.5 Before submitting the Form, the User is required to carefully read the Conditions, which may also be printed, stored, or made for personal use. In addition, the User may check the details of their order, as well as identify and correct any data entry errors. To this end, the User may also go back and/or leave the website. The User may also update their data through the personal section of their Account.

3.6 The language available to the User for the conclusion of the Contract is Italian.

3.7 The Contract will be stored in the Company’s database in accordance with the law. The User may access the contractual conditions in force with the Company and the purchases made through their Account.

4.1 Through the App, the User can view the map containing the Stations available for Power Bank Rental and rent a Power Bank at a Station. Only one Power Bank can be rented at a time.

4.2 At the time of collection at the Station, the User must check that the Power Bank is: I) free from defects and/or anomalies, II) equipped with all relevant components, III) perfectly functional and, in particular, that, once connected to the Device, it starts charging it correctly, and IV) with a charge level sufficient for the User’s needs. If the check is negative, the User must immediately return the Power Bank to the Station, reporting the anomalies to the Company via the App.

4.3 Each Rental will last from the moment the Power Bank is collected, according to the instructions in the App, until the moment the Power Bank is returned to one of the Stations or, failing that, within a maximum period of 48 hours from the time of collection.

4.4 The User undertakes to return the Power Bank within 48 hours from the time of collection at a Station and in the same condition in which it was collected from the Station, except for the normal consumption of electrical energy resulting from the use of the Power Bank in accordance with the Conditions.

4.5 The Power Bank is the property of the Company. In case of failure to return the Power Bank within the term referred to in art. 4.4, the Rental is considered definitively terminated and the User will be required to immediately return the Power Bank, without prejudice to the payment of the price accrued pursuant to art. 6 up to the aforementioned term and the payment of compensation equal to €35 (thirty-five, 00).

4.6 In case of destruction, damage, theft, or loss of the rented Power Bank, the User undertakes to immediately inform the Company and, in any case, within 24 hours via the App, which reserves the right to charge the User the cost of the Power Bank. In case of theft or loss, the User must also immediately report the incident to the police authorities and send the report to the Company.

5.1 The User declares and accepts to be the exclusive user, as well as responsible for the custody and use, of the Power Bank for the entire duration of the Rental.

5.2 The User declares and accepts that:

• the Services can only be used via the internet and through the App;
• the purchase, preparation, and updating of hardware and software (e.g., so-called operating Devices and basic software), as well as internet access, necessary for the use of the Services, must be carried out at the User’s expense;
• the number of Power Banks and the housing space inside each Station is limited and, therefore, the availability of Power Banks for Rental and/or housing for their return at each Station is not guaranteed to the User;
• for their operation, Power Banks require periodic recharging at a station and the use of the Power Bank leads to a progressive reduction in its charge level; the times for the reduction of the Power Bank’s charge level depend on the technical conditions of the Power Bank, the previous charge, the Device, and the operating and weather conditions; therefore, the charge level of the Power Bank at the start of the Rental and its duration are not predictable and/or guaranteed and the operation of the Power Bank may cease at any time during the Rental;
• it is the User’s exclusive responsibility to check the charge level of the Power Bank at the time of collection at a Station and the activation of the Rental of a Power Bank that is not fully charged.

5.3 The User undertakes to:

• provide the Company with truthful and correct information for the creation of the Account and the use of the Services, as well as to immediately update such information in case of changes;
• use the Services for lawful purposes, with diligence and competence, in compliance with the applicable legislation in force, these Conditions, the instructions in the App and/or on the Power Bank, and the rights of third parties and in accordance with the purposes for which the Services are intended;
• not disassemble, tamper with, modify, soil, wet, expose to weather and/or heat sources, deface, recharge, leave unattended and/or otherwise damage the Power Bank;
• not connect the Power Bank to malfunctioning, damaged, or otherwise incompatible devices;
• not delete, remove, hide, or otherwise alter trademarks, distinctive signs, images, and texts on the Power Bank;
• in case of anomalies and/or malfunctions, immediately stop using the Power Bank and return it to a station, reporting the incident to the Company via the App;
• not use the Services on behalf of third parties and/or transfer, resell, commercially exploit, lend, make available and/or transfer to third parties, for a fee or free of charge, the App, Services, and Power Banks.

6.1 To use the Service, the User must select the payment method from those provided and enter the required data.

6.2 Prices and payment terms vary depending on the Station and the location where the Rental is made. The applicable prices will be clearly displayed in the App at the time of Rental at each Station. Prices are expressed in euros (€) and already include all applicable taxes and duties.

6.3 Prices may be subject to change. The User therefore undertakes to check the final price applicable to the specific Station before proceeding with the Rental request for a Power Bank.

7.1 The Company makes all reasonable efforts to ensure the continuity of the Services. In any case, the Company reserves the right to suspend the Services, in whole or in part, at any time for ordinary and extraordinary maintenance activities, in order to prevent unlawful or improper use, to comply with legal obligations and/or security issues. Where possible, the suspension of the Services will be carried out after prior notice to the User via App or email.

7.2 The Company also has the right to immediately suspend the execution of the Services I) in case of non-payment of the amounts due by the User pursuant to Article 6, and/or II) if the User is found to act unlawfully or fraudulently, contrary to good faith and/or in violation of the Conditions and/or applicable law.

8.1 Registration in the App provides for the assignment to the User of Credentials to be used for remote access to their Account.

8.2 The User undertakes to keep the assigned Credentials secret and to keep them with due care and diligence, also in order to avoid their knowledge and use by third parties.

8.3 The User acknowledges and accepts that they are the sole and exclusive responsible for the assigned Credentials and that all acts performed using such Credentials will be attributed exclusively to the User and will be binding on them.

9.1 All intellectual and/or industrial property rights, whether registered or not, relating to the Services, including the App and Power Banks, are and will remain the exclusive property of the Company and/or its licensors.

9.2 For the sole duration of the Contract, the Company grants the User a temporary, non-exclusive and non-transferable license to use the App to the extent strictly necessary for this purpose and in accordance with the provisions of these Conditions.

9.3 The User grants the Company a free, non-exclusive and irrevocable license to all economic exploitation rights and related rights in relation to all suggestions, proposals, reports of defects or discrepancies, requests for corrective or evolutionary maintenance made by the User, without limits of space, time and technology, with the express right, by the Company, to freely assign and/or sublicense such rights to third parties.

10.1 The User is prohibited from assigning, sublicensing or otherwise allowing third parties to use or access the App, free of charge or for a fee.

10.2 To the extent required by law, the User is prohibited from copying, translating, reverse engineering, decompiling, disassembling, or, in any case, attempting to trace, modify, acquire, reproduce, publish and/or transform, in whole or in part, the App or incorporate it, in whole or in part, into another software or application.

10.3 The User is prohibited from using the App to store and/or transmit data, information, programs, links, files and any other material and element that:

• is in violation of applicable law and/or the rights of the Company and/or third parties,
• is defamatory, obscene, pornographic, child pornographic, discriminatory, offensive, threatening,
• constitutes phishing, spamming and/or similar techniques,
• contains malware, viruses, worms, exploits, trojan horses or other similar elements, and/or
• interrupts, damages, violates and/or tampers with the App and its normal operation.

11.1 The Company makes no express and/or implied representations or warranties with respect to the Services, including the App and Power Banks.

11.2 The Company shall not be liable for any damages suffered by the User or third parties in relation to the App, Power Banks and Services, including direct, indirect, special, incidental or consequential damages, consequential damages and loss of profit (including damages resulting from loss of business or profits and the like), loss of data, interest, penalties, by way of contractual or non-contractual liability.

11.3 The Company remains exempt from any liability for direct and/or indirect damages suffered by the User and/or third parties as a result of: force majeure, such as totally unforeseeable events beyond the Company’s control, such as, by way of example but not limited to, acts of government, state of war, national or sectoral lockouts and/or strikes, epidemics and pandemics; malfunctions, interruption or suppression of the User’s IT infrastructures and telecommunications networks and other third-party supplies; improper, imperative, unlawful and/or non-compliant use of the Services, including the App and Power Banks, with respect to what is stated in the Conditions and in the information documentation; violation and/or non-compliance with the Conditions by the User.

11.4 The limitations and exemptions of liability provided for in these Conditions do not apply in the event of willful misconduct or gross negligence and in other cases provided for by mandatory provisions of law applicable to the Conditions. Furthermore, if the User is to be qualified as a Consumer, these Conditions do not: a) exclude or limit the Company’s liability in the event of death or personal injury to the User, resulting from an act or omission of the Company; b) exclude or limit the User’s actions against the Company or another party in the event of total or partial non-performance or inaccurate performance by the Company. In the cases referred to in this paragraph, the provisions of these Conditions will be ineffective only to the extent that they are incompatible with the mandatory provisions of law.

12.1 The User is responsible for the use of the Services and for any loss, injury, damage, cost, charge, penalty and expense, including legal costs, caused to the Company or third parties that occur during the use of the Services.

12.2 The User undertakes to indemnify and hold harmless the Company from any prejudicial consequence, from all losses, damages, liabilities, costs, charges, penalties and expenses, including legal expenses, that may be incurred or suffered by the Company as a result of I) acts performed by the User during the use of the Services, II) violation by the User of the rights of third parties, III) any breach by the User of the obligations assumed and the guarantees provided with the conclusion of the Contract.

12.3 The User undertakes to inform the Company if such a liability action is brought against them.

13.1 The User may cancel their Account at any time through the App, without prejudice to the need to pay any amounts still due and unpaid to the Company at the time of cancellation.

13.2 The Company may immediately cancel the User’s Account if the User is found to act unlawfully, fraudulently and/or in violation of the Conditions and/or applicable law.

14.1 If the Customer is to be qualified as a Consumer, they may exercise the right of withdrawal pursuant to this article.

14.2 The Consumer has the right to withdraw from the Contract, without giving reasons, within 14 days from the day of the conclusion of the Contract.

14.3 To exercise the right of withdrawal, the Consumer may send a written and explicit communication of the decision to withdraw to the Company, providing their contact details (name, surname, address and e-mail), the order number and the related Services purchased; for this purpose, the Consumer may optionally use the standard withdrawal form, not mandatory, referred to in Annex I of Legislative Decree of 21 February 2014, no. 21.

14.4 To comply with the withdrawal period, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

14.5 If the Consumer withdraws from the Contract, the Company will refund the Consumer all payments received under the Contract, without undue delay and in any case no later than 14 days from the day on which the Company received the notice of withdrawal from the Contract. Such refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, the Consumer will not incur any costs as a result of such refund.

14.6 The right of withdrawal cannot be exercised: I) after the complete provision of the Service if the execution has begun with the express agreement of the consumer and with their acceptance of the fact that, in such case, they would lose the right of withdrawal; (ii) for the provision of digital content by non-tangible means if the execution has begun with the express agreement of the consumer and with their acceptance that in such case they would lose the right of withdrawal. The Consumer acknowledges and accepts that, after the purchase of one or more Services, the Company may directly provide the purchased Services and that, as stated above, the Consumer will lose the right of withdrawal. Therefore, in the case of the purchase of a package, the Consumer acknowledges and accepts that, following withdrawal, they will obtain a refund of the payments made less the price of any Services started with their agreement and already completed.

15.1 The Contract is automatically terminated, by written notice from the Company, if the User breaches any of the obligations referred to in Articles 4.6, 5, 6, 10 and 12 above, without prejudice to any applicable remedies provided for by current legislation and compensation for damages suffered by the Company.

16.1 The Company may modify, at any time, the Services and the related contractual conditions, for justified reasons such as supervening technical and economic reasons and/or for the modification of laws and/or regulations applicable to the provision and subject of the Services. Such changes, including economic ones, will take place after prior notice to the User via App or email, specifying the specific reasons justifying the change.

16.2 Changes to the Services and the related contractual conditions are deemed accepted by the User and will become definitively effective and binding for the latter with the subsequent Rental by the User or, failing that, if the User does not withdraw from the Contract, by canceling the Account, within 15 days of receipt of the notice of change from the Company.

16.3 For the reasons referred to in Article 16.1, the Company also reserves the right to terminate, in whole or in part, the App and the Services with 30 days’ notice, via App or email.

17.1 For information on the processing of personal data by the Company, please refer to the Privacy Policy.

18.1 The Contract is governed by and must be interpreted in accordance with Italian law only.

18.2 Any dispute that may arise in relation to the Contract will be subject to the jurisdiction of the court of the place of residence or domicile of the User, if the latter is to be classified as a Consumer. Otherwise, any dispute that may arise in relation to the Contract will be subject to the exclusive jurisdiction of the Court of Padua.

18.3 We also inform you that the Consumer has the right to use the European online dispute resolution (ODR) platform, available at the following link: ec.europa.eu/consumers/odr.

19.1 The headings used in these Conditions are mere definitions and therefore cannot be attributed a meaning other than that of the content of the article they identify.

19.2 If any condition, provision or clause of the Contract is invalid, unenforceable, unenforceable or illegal, such invalidity, ineffectiveness, unenforceability or illegality shall not affect, invalidate or nullify the other remaining provisions of the Contract.

19.3 Any tolerance, delay or failure by the Company to exercise its rights under the Contract shall not be construed as a waiver of such rights, nor shall the partial exercise of any right preclude the full exercise of the Company’s right or the exercise of any other right in the future.

20.1 For assistance with the Services, further information, suggestions, complaints and/or further communications relating to the Contract, the User may contact the Company at any time at the following contacts:

• by e-mail: info@ampereone.it;
• by certified e-mail (PEC): ampereonesrl@pec.it;
• by post: AmpereOne S.r.l., Via Patti 12, 94013 Leonforte (EN), Italy.