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General Terms and Conditions

1. GENERAL PROVISIONS
1.1. The general terms and conditions of the charging service establish the terms for providing and using the charging service (General Terms).
1.2. The General Terms of the Charging Service are an inseparable part of the service agreement (Agreement) between OÜ Liff Mobility (LIFF), the service provider, and the Customer (Customer).
1.3. Hereafter, LIFF and the Customer are jointly referred to as the Parties, or separately as the Party.

2. PROVISION OF SERVICE
2.1. The Agreement is concluded electronically between the Parties when registering a user account in the Easy2Charge mobile application (Mobile App) or via a computer network.
2.2. LIFF agrees to provide the Customer with a charging service (Service) at charging points that are part of the LIFF electric vehicle charging network under the terms agreed upon in the Agreement.
2.3. LIFF will start providing the Service no later than 10 (ten) working days after concluding the Agreement unless the Parties have agreed otherwise.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Customer has the right to:
3.1.1. Use the Service according to the Agreement between the Parties, the applicable General Terms, and the price list;
3.1.2. Receive information related to the Agreement in accordance with applicable laws;
3.1.3. Obtain information about the current credit limit through the Mobile App or Customer Support;
3.1.4. Make prepayments for the Service provided or mediated by LIFF, based on an agreement;
3.1.5. Receive invoices and information electronically or in another agreed-upon manner;
3.1.6. Terminate the Agreement as provided.
3.2. The Customer is obliged to:
3.2.1. Register a user account and password in the Mobile App or use the authentication tool issued by LIFF (RFID card);
3.2.2. Pay Service invoices on time;
3.2.3. Monitor the set credit limit. If the credit limit is exceeded, LIFF has the right to limit the provision of the Service;
3.2.4. Immediately inform LIFF of the following circumstances: a) Changes in the Customer’s name/business name, address, contact phone, or other details, along with providing updated data; b) Changes in the Customer's contact person(s) or user(s); c) Theft or loss of the Customer’s or its representative’s identification document; d) Disclosure of the Customer’s password or other communication passwords to third parties; e) Loss or theft of the Customer's authorization tool; f) Bankruptcy application or warning against the Customer; g) The initiation of liquidation or forced liquidation proceedings of the Customer; h) Circumstances that may prevent or render the proper execution of the Agreement impossible.
3.2.5. Use the Mobile App or the RFID card issued by LIFF for self-identification and Service usage;
3.2.6. Not allow third parties to use the Mobile App or RFID card to provide or mediate the Service. The Customer must immediately cease such violations upon LIFF’s request;
3.2.7. Not use the Mobile App or RFID card for purposes not intended, which may hinder the Service usage by third parties;
3.2.8. Adhere to all guidelines for using charging points/chargers. Compensate LIFF and third parties for any damages caused by improper or careless use of charging equipment;
3.2.9. Notify LIFF of malfunctions in charging equipment, issues during Service usage, and problems understanding instructions.
3.3. LIFF has the right to:
3.3.1. Unilaterally start, modify, or terminate the Service, notifying customers via the website or mass media;
3.3.2. Update and modify the Charging Points used for providing the Service. If updates limit the Service for the Customer, LIFF will notify the Customer in advance via the website, Mobile App, or media;
3.3.3. Limit the Service as specified in the Agreement or law;
3.3.4. Send information to the Customer about the charging service and offers;
3.3.5. Offer temporary or periodic discounts or promotions when providing the Service, according to conditions set by the Service provider;
3.3.6. Demand compensation for debt collection expenses from the Customer;
3.3.7. Limit the Service if the Customer has an outstanding debt or insufficient credit capacity.
3.4. LIFF is obliged to:
3.4.1. Provide the Service according to the Agreement and applicable laws of the Republic of Estonia;
3.4.2. Ensure the availability of credit limit information through the Mobile App, Customer Information, or the invoice sent to the Customer;
3.4.3. Provide the Customer with information about the Service, General Terms, price list, and submitted invoices upon request;
3.4.4. Notify the Customer of scheduled maintenance and repair work through the Mobile App, website, or mass media;
3.4.5. Arrange for 24-hour maintenance and fault reporting via Customer Support and inform the Customer of the estimated time for fixing the reported fault;
3.4.6. Address the Customer's written complaints within 15 (fifteen) and other proposals or statements within 30 (thirty) calendar days from receipt.


4. SERVICE FEE AND BILLING
4.1. The Customer agrees to pay LIFF for the use of the Service in accordance with the Agreement, the agreed billing model, or the price list, no later than the 10th day of the following month.
4.2. LIFF sends the Customer a monthly invoice for the Service used or prepaid, depending on the agreed model.
4.3. The Customer has an overview of the Service usage through the Mobile App.
4.4. LIFF has the right to offer the Customer a credit limit or pricing different from that specified in the Price List or provide the Service without financial limits.
4.5. If the Customer disagrees with the invoice submitted by LIFF, they must notify LIFF in a format that allows for written reproduction as soon as possible after receiving the invoice, providing reasons for disagreement. LIFF will review the Customer's statement and respond within 15 (fifteen) calendar days of receiving the statement.
4.7. The Customer may only offset claims against LIFF if such claims have been confirmed by a final court decision and are enforceable.
4.8. Upon termination of the Agreement, the Customer may request in writing the return of any prepayments made to LIFF. If the Customer does not make such a request within 60 (sixty) calendar days after the Agreement ends, the prepayment will not be refunded.

5. LIMITATION OF SERVICE PROVISION
5.1. Limitation of the Service provision (Limitation) may occur in cases provided for in the Agreement, either at the Customer's or LIFF's initiative.
5.2. The Customer has the right to request LIFF to limit the provision of the Service to their user account, generally for a period of up to 1 (one) month. LIFF will limit the Service provision from the day the request is submitted or the date specified in the request. The request must specify the desired period for limiting the Service provision, conditions, and, if possible, reasons for the limitation.
5.3. LIFF may limit the provision of the Service to the Customer either at a specific Charging Point or within the entire Service if it is necessary for repairs, maintenance, software updates, or replacement of charging devices, of which LIFF will notify the Customers in advance through the website or mass media.
5.5. LIFF may limit the provision of the Service or change the billing model in the following cases:
5.5.1. The cost of the Service provided exceeds the Customer's credit limit;
5.5.2. The Customer is in debt to LIFF for unpaid invoices;
5.5.3. The Customer is undergoing bankruptcy or liquidation proceedings;
5.5.4. The Customer has not informed LIFF of changes in their postal address or other details, or invoices are returned to LIFF with notes such as "Customer no longer resides at this address," "moved," or "refused delivery";
5.5.5. LIFF becomes aware that the Customer is reselling or mediating the Service to third parties;
5.5.6. LIFF becomes aware that a third party is using the Mobile App or RFID card against the Customer's interests;
5.5.7. LIFF becomes aware that the Customer is using the Mobile App or RFID card against the interests of other users or LIFF;
5.5.8. Limitation arises from LIFF’s obligations under applicable laws;
5.5.9. Other reasons.

6. VALIDITY, AMENDMENT, AND TERMINATION OF THE AGREEMENT
6.1. The Agreement takes effect from the exchange of declarations of intent in accordance with the form chosen by the Customer and LIFF or at the time specified in the Agreement.
6.2. The Agreement does not take effect if:
6.2.1. The Customer does not provide the necessary information for identification or communication;
6.2.2. The Customer provides false or incomplete information when entering into the Agreement;
6.2.3. The Customer is an individual under the age of 18 or lacks the legal capacity without the consent of a legal representative;
6.2.4. The Customer is undergoing bankruptcy proceedings or liquidation.
6.2.5. The Agreement may be amended by mutual agreement in writing or in a form allowing written reproduction, or under other conditions provided for in the Agreement or law.
6.3. LIFF has the right to terminate the Agreement with 30 (thirty) calendar days' notice, submitting the termination notice to the other Party in a form that allows written reproduction.
6.4. LIFF has the right to terminate the Agreement immediately in case of significant breaches by the Customer, particularly in cases of violations of the obligations listed in section 3.2. The Parties will consider a breach significant based on the Agreement, General Terms, and the Law of Obligations Act.
6.5. The Customer has the right to terminate the Agreement under the conditions provided at any time by ceasing the use of the Service via the Mobile App or RFID card or by submitting a termination notice to LIFF in a form allowing written reproduction. After receiving the termination notice, the Service provider will limit the provision of the Service to the Customer no later than the following business day unless the Parties agree otherwise.
6.6. A consumer Customer has the right to withdraw from the Agreement by notifying LIFF within fourteen (14) calendar days after entering into the Agreement. The consumer Customer loses the right of withdrawal if the charging service or vehicle charging begins before the end of the withdrawal period.
6.7. Termination of the Agreement does not release the Customer from the obligation to pay invoices for the already used Service.
6.8. LIFF has the right to unilaterally amend the General Terms of the Charging Service, billing models, and technical terms of the Service, notifying the Customer via the website or mass media at least 1 (one) month before the changes take effect. The notice period does not apply to changes in the Service price list.
6.9. If the Customer does not agree with the amendments to the General Terms or the new General Terms, they have the right to terminate the Agreement within 1 (one) month after the notification of the amendments or new General Terms takes effect by informing LIFF as provided in section 9. Termination of the Agreement does not release the Customer from the obligation to fulfill their commitments under the Agreement until the termination date, and those obligations will continue to apply under the previous General Terms.
6.10. If the Customer does not terminate the Agreement within 1 (one) month after the notification of the amendments or new General Terms takes effect, it will be considered that they have silently agreed to the amended or new General Terms and have no claims against LIFF in this regard. The amended or new General Terms will become an inseparable part of the Agreement from the effective date and will be binding on both Parties. The provisions of the previously valid General Terms will be deemed terminated.

7. LIABILITY
7.1. LIFF is liable to the Customer only for direct financial damage caused by intentional or negligent breaches. LIFF is not liable for any other damages the Customer may incur, including lost profits or other damages.
7.2. The Customer is liable for financial damages caused to LIFF resulting from the use of the Service. The Customer is also liable for damages caused by third parties using the Mobile App or RFID card on behalf of the Customer.
7.3. The Customer is responsible for ensuring the compatibility and safety of devices and adapters connected to LIFF charging equipment. The risk and responsibility arising from the use of the charging point and its intended use are borne by the Customer.
7.4. LIFF is not liable for any disruptions, errors, or issues with the charging service, including the smooth functioning of the Service or the non-functioning of the Mobile App or RFID card due to problems with the Service's usage or functionality.
7.5. The Customer can only claim compensation for damages if they notify LIFF of the damage as soon as possible but no later than 2 (two) months after discovering the damage and within 12 (twelve) months after the damage occurred.
7.6. If the Customer breaches the obligation specified in section 3.2.6, LIFF has the right to demand a contractual penalty of 500 (five hundred) euros for each violation. LIFF has the right to submit the claim for this penalty within 6 (six) months from the date on which LIFF became aware of the breach.
7.7. If the Customer does not pay the invoice by the due date, LIFF has the right to demand interest from the Customer on the unpaid principal debt at a rate of 0.20% per day. The calculation of interest starts the day after the due date and ends on the day the payment is received (inclusive).
7.8. Breach of the obligations arising from the Agreement is excusable if the breach is due to force majeure. Force majeure refers to circumstances that the Party could not influence and could not reasonably foresee at the time of entering into the Agreement, which prevents the Party from fulfilling the Agreement or overcoming the obstacle or its consequences.
7.9. The Party whose performance under the Agreement is hindered due to force majeure is obliged to notify the other Party immediately.


8. CONFIDENTIALITY
8.1. The Parties agree not to disclose confidential information (as defined in section 8.2) of the other Party to third parties during the term of the Agreement and for 3 (three) years after its termination, without prior written consent from the other Party. They also agree to protect the confidentiality of such information and use it only to fulfill the obligations arising from the Agreement, including by their Representatives (as defined in section 8.5).
8.2. Confidential information refers to any information that becomes known to a Party or their Representative during the conclusion or performance of the Agreement and includes information about the other Party, its affiliated companies, partners, and customers, such as economic conditions, internal organization, or other related matters; information processed in the systems managed by the other Party; contents of documents, accounting records, and correspondence stored by the other Party; details about assets and security systems of the other Party; trade secrets, know-how, technologies, databases, computer programs, technical solutions, concepts, ideas, methods, procedures, business or marketing plans, business contacts, proposals, financial data, reports, correspondence, research and development content and results, software, and related documentation, business-related information and data, any other protected or unprotected intellectual property-related information, or any other information that the other Party or their Representatives provide orally, in writing, electronically, or in any other form during the performance of the Agreement (hereinafter Confidential Information).
8.3. Confidential Information does not include information that:
8.3.1. Was already in the possession of the receiving Party or legally acquired from a source without an obligation of confidentiality toward the disclosing Party;
8.3.2. Becomes publicly known without breach of the Agreement by the receiving Party.
8.4. The classification of information as Confidential Information does not depend on its designation as confidential.
8.5. A Representative is:
8.5.1. An employee, member of the management body, or subcontractor of the Party;
8.5.2. A company affiliated with the Party and an employee, member of the management body, or subcontractor of such a company;
8.5.3. Any other individual or legal entity acting under the direction of the Party or a company affiliated with the Party (hereinafter referred to as the Representative).
8.6. The Parties have the right to disclose Confidential Information to their Representatives to the extent necessary for fulfilling the obligations under the Agreement, provided that such Representatives agree to the same confidentiality obligations as the Party.
8.7. If a Party is required by law to disclose Confidential Information of the other Party, the disclosing Party must make reasonable efforts to notify the other Party of the disclosure at least 10 (ten) working days in advance, limit the amount of disclosed Confidential Information to the extent possible, and only disclose what is legally required.

9. COMMUNICATION
9.1. Notices, consents, approvals, and other declarations of intent shall be deemed submitted and delivered in accordance with the Agreement if transmitted to the other Party in oral, written, or electronic form via the contact details specified in the Agreement, unless a specific form is agreed for the declaration, and if the Customer has had a reasonable opportunity to review it. Oral declarations of intent are considered delivered when recorded by LIFF. LIFF may also communicate the declaration of intent via the invoice.
9.2. The Customer shall promptly notify LIFF of any changes in their contact details. The Customer can update their contact information by notifying LIFF.
9.3. The Parties shall immediately inform each other of any circumstances that may prevent the fulfillment of the Agreement.

10. FINAL PROVISIONS
10.1. By entering into the Agreement, the Customer consents to the processing of their personal and other data, including first and last names, personal identification code, mobile phone number, and postal address.
10.2. LIFF and its authorized representatives process the Customer’s data for service and marketing purposes to offer more personalized, convenient, and cost-effective solutions when providing the Service.
10.3. If the use of the Service requires the transfer of Customer-related data to third parties involved in the provision of the specific Service, the Customer agrees by entering into the Agreement that their data will be transferred as necessary for the desired Service and accepts any resulting obligations from such Service.
10.4. The Customer agrees that if they breach the Agreement, LIFF has the right to disclose the Customer's personal data (first and last name, personal identification code, place of residence, details of non-fulfillment of contractual obligations, including the amount of debt) to third parties for debt collection purposes.
10.5. LIFF processes the Customer's personal data according to LIFF's Customer Data Processing Principles, which are available on the LIFF website https://liff.mobi.
10.6. Unless otherwise stated, references to sections in these General Terms refer to sections of the General Terms of the Charging Service.
10.7. If any provision of the Agreement is found to be invalid or unenforceable under the laws of the Republic of Estonia, this does not affect the validity of the remaining provisions. The Parties shall make their best efforts to replace the invalid provision with a valid one that corresponds to the essence and purpose of the Agreement.
10.8. If one Party incurs costs to collect a debt from the other Party (including costs for transferring the claim), the other Party agrees to reimburse all debt collection costs. Payments made to cover the debt will be applied first to interest debt, then to debt collection costs (including legal fees), and finally to the principal debt.
10.9. All disputes arising from the Agreement shall be resolved through negotiations between the Parties. Consumer Customers have the right to resolve disputes through the Consumer Protection and Technical Regulatory Authority or the courts. If no agreement is reached, disputes will be resolved at the Harju County Court.

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