Terms

Last Updated June 2026

1. General

1.1 Scala Smart Energy Ltd., a company registered in Israel (Private Company No. 514763465), with its registered office at 20 HaTa'asiya Street, Kfar Saba, Israel 4442520, provides its customers and Users with Services (as defined below) in the field of electric vehicle charging within Israel.

 

1.2 We consider your Use of the Services, including, but not limited to, installing the App, using it, or utilizing any other Services offered by Us, and/or indicating consent by checking the appropriate box in the service's consent window, to be a binding Agreement between the parties, wherein you agree to be bound by the terms set forth in these Terms of Use ("Terms of Use") and by our Privacy Policy, which forms an integral part of the Terms of Use and is available at: https://cpc.scala-ev.com/privacy ("Privacy Policy").

 

1.3 Wherever any inconsistency exists between the provision of these Terms of Use and the content displayed in the App and/or Customer Portal and/or on the Website, the parties shall treat the provision of these Terms of Use alone as effective.

 

1.4 If you do not agree to any of the Terms of Use, you must immediately discontinue Use of the Services, uninstall and delete the App from your Mobile Device, and refrain from using the Services in any manner whatsoever. The Company shall bear no cost or liability for Use made of, or action taken on, the Services by a User other than in compliance with the provisions set forth herein and/or contrary to any applicable law.

 

1.5 By using the Services, the User represents and warrants that they have the legal capacity to accept these terms as binding, for the Use, and for taking binding legal actions, in accordance with the Israeli Legal Capacity and Guardianship Law, 5722-1962 and under any law. If you are under the age of 18, please read these Terms of Use carefully together with your parents or legal guardian. If you or your parents do not agree to these Terms of Use, all or part thereof, you may not use the Services for any purpose.

 

1.6 It is hereby clarified that these Terms of Use are drafted in the masculine form for purposes of convenience only, but that they apply equally to both genders and are not intended to offend and/or discriminate in any way.

2. Definitions

The following terms in the Terms of Use shall have the meanings set forth below:

 

2.1 "Fees" or "Charges" means the amounts you are required to pay in connection with your use, including, among other things, electricity consumption for charging your vehicle at a Charging Station provided to you by Us. Such charges and/or fees are based on the rates published, as described in Section 8: "Pricing and Payment".

 

2.2 "We", "Our", "Us", "with Us", "at Our Premises", "Between Us", and/or the "Company" refer to Scala Smart Energy Ltd.

 

2.3 "You", "Your", or the "User" means the end user of the Services and/or anyone acting on their behalf.

 

2.4 "Website" means the Company's official website, accessible at www.scala-ev.com.

 

2.5 "Agreement" means all of the following documents: Your completed registration form; these Terms of Use, and any document referenced herein; the Privacy Policy, and any User guide, additional documentation, regulations, directives, and/or guidelines provided to You in connection with and/or for the purpose of receiving the Services.

 

2.6 "PPL" means the Protection of Privacy Law, 5741-1981, of the State of Israel.

 

2.7 "VAT" means the value-added tax to be collected in accordance with applicable Israeli law in effect at the time.

 

2.8 "Charging Station" means a station connected to our network and made available for your use subject to these Terms, and/or as identified via the App, and any associated and/or ancillary equipment used for the operation, management, and maintenance of the station for the purpose of charging the electric vehicle and/or receiving the Services;

 

2.9 The term "Services" includes, among other things:

 

2.9.1 Charging services, which may be offered in the following forms, among others:

  • Public charging service, provided to the general public through public Charging Stations, based on their geographic distribution. For more information, and to locate public Charging Stations, you can use the coverage map available in the App and/or any other means as determined by the Company.
  • Business charging service, provided to users of a business customer, through the Use of Charging Stations located at the business.

 

2.9.2 Sale of Charging Stations, which may also include, for a separate Fee, technical support services and/or Charging Station management services.

  • Private Charging Stations, provided to the User and/or anyone acting on their behalf, through the Use of home Charging Stations located at the User's residence.
  • Business Charging Stations, provided to business customers, through the Use of Charging Stations located at the business.

 

2.9.3 Technical support service for Charging Stations, subject to the terms of the service agreement and provided for a separate Fee.

 

2.9.4 Charging Station management service by the Company, which can be provided either for public, business, and/or private stations, subject to the terms of the service agreement and for a separate Fee.

3. Use of Services

3.1 Subject to your compliance with the Terms of Use, you are authorized to use the Services. "Use" – any use, including installation, registration, logging into the App or the Customer Portal, browsing therein, and/or any other utilization of the Services, whether such use occurs via a cellular network, wired internet, satellite connection, physical access at the Charging Stations, and/or in any other manner.

 

3.2 The Services for Use are provided as is (AS IS), including any defect, and without any ability on the part of the User to intervene with or modify them.

 

3.3 Access to and operation of the Services may be performed through, but is not limited to, the following means:

 

3.3.1 The Scala App, which is designed to enable the User to obtain information about the location of Charging Stations, the Company's products and/or Services, including initiating a charging session, paying for charging, receiving benefits and promotions, and/or any other Service offered via the App. The App is available for download to a Mobile Device supporting Apple (iOS), Android, and/or any other operating system as may be supported by the Company, including smart devices and similar platforms (the "Mobile Device"), as set forth below in these Terms of Use (hereinafter: the "App");

 

3.3.2 A web-based interface (WEB) for business account holders, intended, among other purposes, to manage end users associated with the business account and/or any other Service and/or product that may be made available therein (hereinafter: the "Customer Portal");

 

3.3.3 An RFID card, an electronic tagging card activated via radio waves, should you elect to purchase one (subject to paying the relevant Fees). This card will serve you as a convenient means of direct access to the Use of the Charging Stations, without using a separate Mobile Device or relying in any other way on the availability of a cellular network signal to access the App (hereinafter: "Charging Card").

 

3.4 The right to use the Services is granted solely for the User's personal and private use. The account is personal, and the account holder may not transfer or assign their rights in the account to another person. In addition, you may not make any use of the account without your Identifying Information provided during registration as set forth below, including through Use of another registered User's means of identification.

 

3.5 The User is responsible for ensuring that the Mobile Device used to access the Services meets all necessary technical requirements for such access and receipt of the Services, including, without limitation, ensuring information security on the device. This includes Mobile Devices, cellular phones (including smartphones), computers, and/or any other equipment, hardware, and software through which the User accesses the Services. The Company does not guarantee that the Services will be compatible with all types of Mobile Devices or web browsers.

 

3.6 The User represents and warrants as follows:

 

3.6.1 To make sure to provide complete and accurate information at the time of registration and/or upon any update or change to the information provided. It is hereby clarified that the use and provision of false or inaccurate information may constitute a civil wrong and even a criminal offense. Acting in violation of this clause may give rise to legal proceedings, criminal and/or civil, including for damages caused to the Company and/or anyone acting on its behalf. The User undertakes to indemnify the Company and/or anyone on its behalf for all damages and/or expenses incurred by the Company and/or any third party in the event of the User and/or anyone acting on their behalf providing false and/or inaccurate and/or incomplete and/or misleading information, and/or in the event of the User failing to immediately notify the Company of any such change.

 

3.6.2 Not to provide any information of, and/or relating to, a third party without that party's express consent to the provision and/or use of the Information and/or to the registration and terms. Within such scope, the User represents that they are the owner of the vehicles whose numbers are entered into the account by them and/or have obtained authorization from the owners of such vehicles and/or the end users to enter information about them, including phone numbers and/or vehicle numbers, into their account as aforesaid. If the Services are used on behalf of any third party or legal or other entity, and/or if a phone number not owned by the User is entered, the User hereby warrants that they are an authorized representative of a corporation and/or hold all necessary approvals and authorizations to act on behalf of the third party, and subject to that third party's acceptance of these terms. Any Use of third-party information is the sole responsibility of the User;

 

3.6.3 To maintain the confidentiality of all login credentials and means of identification provided by the User and/or issued by the Company, such as mobile phone number, email address, and/or verification code (hereinafter, the "Means of Identification"). The Means of Identification are also personal and confidential, and You are required to maintain them in absolute confidentiality and refrain from disclosing them to any unauthorized third party, including by saving the data on a computer, Mobile Device, and/or any other device capable of connecting to the internet. The Means of Identification may be permanent or temporary, at the sole discretion of the Company. Use of the user account and Means of Identification is strictly personal, and you may only use the Means of Identification assigned to you, if any. You acknowledge that any use made of your account and/or any of your means of identification shall be deemed to have been made by you personally. You undertake to bear all damages resulting from the use of your account and/or Means of Identification (even if by another person), and you release the Company from any liability for any damage arising in connection with such Use.

 

3.6.4 To immediately notify the Company of any disclosure and/or unauthorized Use and/or unauthorized access that has resulted in and/or may result in unauthorized Use of the Services and/or the User's account, including ("User Notification"):

  • Loss, transfer to a third party, or inability to access the email address and/or mobile phone device and/or any other means associated with the Services;
  • Loss and/or theft of the User's Charging Card.
  • Any such update and/or notification to the Company shall be made using the contact information provided below in these Terms of Use.

 

3.7 It is the User's sole responsibility to ensure that, upon any transfer to a third party and/or theft of the User's email address, mobile phone number, or another Means of Identification of the User, and/or the Mobile Device or any other device linked to the Services, the User's account and all other Identifying Information are updated, deleted, or revoked accordingly, and the User shall not be entitled to any credit relating to the foregoing and/or for any failure to perform these actions.

 

3.8 The Company shall not be liable for any damage, loss, or detriment suffered by the subscriber and/or User resulting from unauthorized access to their account or activity carried out therein.

 

3.9 The Company may refuse, restrict, stipulate, and/or revoke access to the Services, in whole or in part, upon receipt of a User Notification and/or in any other case, with or without prior notice, all at the Company's sole discretion. Should the Company cease operating the Services entirely, it shall notify account holders and/or Users thereof and shall discontinue charging the monthly Fees or refund account holders, as applicable to the account type, the proportional amount of any Fees paid for an unutilized period.

4. Use of the App and Registration for a Private Account

4.1 Use of the App and the Services offered therein may vary depending on the Mobile Device used.

 

4.2 App Registration:

 

4.2.1 At the time of registering for the App, and in order to create a private user account, the User is required to enter the following identifying information (the "Identifying Information"): (1) email address; (2) full name; (3) phone number, and additional optional information (such as address, etc.). The Company does not verify the identity of Users and/or the truthfulness of the data provided, and no claim against the Company in this regard shall be heard.

 

4.2.2 Upon completion of the registration process, and provided the Identifying Information entered is correct, the Company will send to the provided email address an electronic (email) message containing a means of verification (a code, link, and/or any other similar option) to complete the registration process (hereinafter, the "Verification Process"). It is emphasized that the Company may at any time, at its sole discretion, conduct such Verification Process by alternative communication methods with the User, such as SMS (a text message), telephone call, etc.

 

4.2.3 It is clarified that the cost of an SMS and/or any other communication method, if applicable, shall be subject to the terms of the third-party service provider agreement that the User has in place, and the User shall have no claim and/or complaint in connection therewith.

 

4.3 The maximum number of User numbers permitted to be updated under a private account is one (1).

 

4.4 Upon full completion of the registration process, including confirmation of the Verification Process, the User shall be entitled to receive a charging service.

5. Payments, Charges, Credits, Benefits, and Discounts

5.1 Prior to and as a condition for making a payment for charging at a Charging Station, the User is required to provide and enter the information of the payment method to be charged on the App, which may include, among others, debit card information, credit card information, Charging Card, a payment method linked to the User's employer (if applicable), benefits and/or credits available in the App, and/or any other payment method permitted by the Company within the framework of providing the Services. It is clarified that:

 

5.1.1 Payment made by credit card must be made with a valid credit card that can be processed by one of the following credit card companies operating in Israel and supporting online payments: Visa, MasterCard, Isracard, American Express, and Diners.

 

5.1.2 For the purpose of initiating the electric vehicle charging process at the Company's public charging stations, the Company shall be entitled to place an authorization hold on the Customer's credit card in an amount to be determined by the Company at its sole discretion, ranging between ILS 10 and ILS 50. This authorization hold is intended solely to verify the payment method and does not constitute an actual charge.

 

5.1.3 The release of the hold is performed automatically by the credit card company, and the timing of such release is subject to the policy of the Customer's credit card company. In most cases, the release shall be effected within 24 hours by the issuing credit card company; however, in certain cases and with specific cards, the release may take up to 3 business days and even up to 30 days, in accordance with the exclusive procedures of the issuing credit card company. The Company has no control over, and assumes no responsibility for, such timing.

 

5.1.4 The authorization hold shall remain valid for 30 minutes from the time it is placed. In the event of a technical failure preventing the commencement of charging (such as a communication issue between the charger and the station), and if the Customer attempts to initiate charging multiple times within that time frame, no additional authorization holds shall be placed – only a single hold shall apply.

 

5.1.5 In any case where there is insufficient available credit at the time of use of the credit card for the purpose of placing the authorization hold, the charging process shall not proceed, and the Company shall not be liable for any damage or inconvenience that may result therefrom.

 

5.1.6 The Customer confirms and agrees that the Company shall bear no liability for any delay or failure in the release of the authorization hold by the credit card company, and that any inquiry regarding the release of the amount shall be conducted solely to the credit card company.

 

5.1.7 In any event where payment collection is not possible for reasons unrelated to the Company, the Company reserves the right to suspend, block, and/or revoke the User's access to the App or any other service. The User undertakes not to raise any claims and/or demands against the Company in connection with the suspension or blocking of their account under such circumstances.

 

5.1.8 In any event where payment collection is not possible for reasons related to the Company, the Company reserves the right to charge the User's payment method at a later time. The User undertakes not to raise any claims and/or demands against the Company under such circumstances.

 

5.1.9 Purchases may only be made by persons with legal capacity who are at least 18 years of age. Where a person lacking legal capacity and/or under the age of 18 seeks to make a purchase, the consent of the relevant parent or legal guardian is required.

 

5.1.10 If any purchase of a Service is made through third parties (i.e., through an organization, entity, or institution regarding a business account), the terms set forth in these Terms of Use shall apply both to the third party who purchased the business account and to the User who uses the Services on behalf of the third party. Such third party shall be responsible to the User, in all respects, in connection with the purchase transaction of the Service or account, and the User releases the Company from any liability in this regard.

 

5.1.11 Invoices for Charges related to the charging service and/or any other Use requiring payment will be sent to the User's email address as updated in the App, shortly after completion of the charging session.

 

5.1.12 We will use a secure encrypted payment mechanism to ensure that your debit and/or credit card information is kept secure;

 

5.1.13 Payments approved and accepted by the Company shall be made exclusively in New Israeli Shekels (NIS);

 

5.2 The charging rates for electric charging at the Charging Stations, as updated from time to time and inclusive of VAT, are displayed in the App at the time of the Services' purchase. It is clarified that, in the event of any discrepancy regarding such service rates, the applicable rate for a Private Account shall be the rate published in the App.

 

5.3 Upon completion of the electric charging session and successful payment, a summary of the charging session information, including the duration of the session, the amount of electricity consumed, and the total cost, will be displayed in the charging history section of your account in the App.

 

5.4 Please note that the Company may apply additional Charges if you remain connected to a Charging Station beyond the maximum permitted connection time ("Overstay Charge"). The permitted connection time and the applicable Overstay Charge rate for a Charging Station will be posted on the Charging Station and in the App. An Overstay Charge will be applied if you remain connected beyond the permitted time posted on the Charging Station and in the App, and such a Charge may also recur for connection continued beyond a single overstay billing cycle.

 

5.5 The account enables the User to use the Services only. If the Services, including the App and/or the portal, contain links or referrals to additional websites or Services (whether or not these are operated by the Company), such additional websites and/or Services may be available exclusively to account holders and may require separate payment/purchase/registration by the User.

 

5.6 The Company reserves the right to discontinue the Services; modify, add to, or detract from any existing service; change the form or method of billing; convert Services previously offered free of charge into paid Services, or vice versa; or cancel the payments.

 

5.7 It is clarified that Users who do not hold an account may also be granted access to certain Services, including limited viewing of content published within the App and Services or access to certain functions available in the App and Services. For the avoidance of doubt, the provisions of these Terms of Use shall apply in all respects to such guest Users as well.

 

5.8 The Company may offer discounts, benefits, and/or special promotions for the Services, some of which may be available universally and others only upon fulfillment of other conditions. Additionally, the Company may, at its sole discretion, provide Users with temporary or permanent benefits, either through the Company's Services or in cooperation with third parties. Benefits will be linked to the User's account and may not be transferred between the User's account and another person's account.

 

5.9 The Company shall not be liable for any outcome or damage resulting from the User's choice to utilize a benefit granted to them, and all terms set forth in these Terms of Use and/or in any agreement with the entity providing the benefit shall apply to the User.

 

5.10 Neither the Company nor anyone acting on its behalf shall be liable for any injury and/or damage and/or loss and/or detriment, whether to persons or property, incurred by any person parking in a lot and/or any third party, directly or indirectly related to the location of the Company's Charging Stations.

 

5.11 It is the User's responsibility to show consideration and not to occupy and/or obstruct Charging Stations unnecessarily. We reserve the right to suspend the account of any User of the Service and/or pursue other legal course of action in cases where other Users report and provide evidence, to our satisfaction, that such User left a vehicle at a Charging Station, said vehicle then being unconnected by a cable to the Charging Station, or the vehicle was parked for purposes other than charging or was otherwise blocking access to the Charging Station.

6. Charging Cards

6.1 The Company offers a Charging Card as an optional means of payment for charging services at the Charging Stations, to facilitate more convenient charging. A separate Fee may apply for a Charging Card, as will be communicated to You at the time of purchase.

 

6.2 It is the responsibility of the person using a Charging Card to ensure that the card is properly linked to the User, whether through the Charging Stations, the App, and/or the Company's customer service center.

 

6.3 You are responsible for cancelling your Charging Card, either by contacting the Company's customer service center or independently via the App.

 

6.4 You acknowledge and agree that each Charging Card is unique, registered to the specific User, is non-transferable without our prior consent, and remains the property of the Company. Only you, or other persons whom you register with us as associated with your account, may use the card.

 

6.5 From the moment you receive your Charging Card, all risk of loss or damage to the card shall be your responsibility. If your Charging Card is lost, stolen, or damaged, it is your responsibility to cancel the card's association with your account via the App, and you will have no claim and/or demand regarding any Charge and/or other Use of the Charging Card made prior to your cancellation of such association. You may purchase and order a replacement card through the Company's customer service center and/or via the Website. Upon receipt of payment for a replacement Charging Card, the new card will be sent to your address as registered with us.

 

6.6 In the event of your Charging Card being lost or stolen, please notify us as soon as possible. Upon receipt of your notification, we will be able to freeze your account from that point forward and protect any remaining credit balance available for your authorized use. We will not be liable for any loss incurred by you prior to the time of such notification.

 

6.7 In the event of a malfunction in your Charging Card, it is your responsibility to notify us of the matter. Be advised that, upon receipt of such notification of a malfunction, a replacement card can be sent to Your address as registered with us.

 

6.8 You agree, represent, and warrant that you (as well as any other persons registered with us in connection with your account):

 

6.8.1 Will not permit any other person(s) to use your Charging Card without our prior written consent;

 

6.8.2 Will not use the Charging Card and/or Charging Station in any manner that may cause damage, constitute a nuisance, interference, or disruption, or that is otherwise unlawful in any way;

 

6.8.3 Will not tamper with or cause damage to your Charging Card and/or any electrical equipment associated with, forming part of, or connected to the Charging Station;

 

6.8.4 Will not engage in any conduct that harms or may harm or impair the operation of a Charging Station or another person using the Charging Station.

7. Use of the Customer Portal and Creation of a Business User

7.1 As part of Using the management services provided for a business account through the Customer Portal, the Company enables business customers to manage charging services related to Users and/or Charging Stations associated with the business account. Access to this Service is provided via a personal section, which the business account holder may access using their email address and an initial password, which may be changed by the business account holder after the first login. Use of the Customer Portal is subject to these Terms of Use as well as any additional terms that the Company may bring to the attention of the business account user.

 

7.2 On the personal section of the Customer Portal, the business account holder may:

 

7.2.1 Manage, update, add, or remove end users entered by them, and/or, where a large number of end users is involved, the business account holder may request that the Company create such end users and enter them into the appropriate business account on their behalf. Additionally, the business account holder may send an invitation link to the relevant end user, directing them to download or create a user profile in the App (as generally described in these Terms of Use). Upon completion of this process, the User will also be associated (if they previously had a personal account) with such business account.

 

7.2.2 View information about Charging Stations under and/or linked to the business account, the end users associated with the account, and the charging history of such Users conducted within the scope of such business account, including the locations of the Charging Stations used, charging times, charging costs, and other relevant data.

 

7.2.3 To designate end users associated with the business account, the business account holder is required to enter the following information for each associated User: full name, phone number, and email address.

 

7.3 A business account holder is responsible for entering complete, up-to-date, and accurate information regarding end users, whether such information is provided directly by the business account holder or by the Company at the business account holder's request, and the Company will bear no liability for any consequences potentially arising from false information, errors in data entry, incomplete data submission, or similar issues.

 

7.4 A business account holder is required to comply with all applicable legal requirements necessary for the Use of the Services associated with the business account. This includes, but is not limited to, obtaining and documenting the end users' consents to the collection and/or transfer of their personal data to the Company, whether for the purpose of sending SMS notifications to end users, processing their usage data of the Services, or other related purposes.

 

7.5 For the avoidance of doubt, these Terms of Use shall also apply to a business account holder, in addition to any other term brought to the attention of the business account user.

8. Support for Services

8.1 If any defect is identified in connection with the Services and/or any Charging Station, please contact us and notify us as soon as possible.

 

8.2 In certain cases, Charging Stations may not be owned by us, and we will not be directly responsible for their condition, maintenance, or upkeep. Nonetheless, we will try to ensure that the entities responsible for such Charging Stations address any material defect as soon as possible under the circumstances.

9. Restrictions on Use of the Services

9.1 You may not:

 

9.1.1 Use the Services for any unlawful, immoral, and/or unauthorized purpose, or misuse the Services and/or use them in an unreasonable manner relative to their intended purposes;

 

9.1.2 Make any commercial or non-personal Use of the Services, including for any profit-making purpose, or allow the Services to be used in any way for the provision of Services to third parties, whether for consideration or free of charge;

 

9.1.3 Interfere with or disrupt the operation of the Services or the servers and networks that host them;

 

9.1.4 Circumvent any measures employed by the Company to protect User privacy and/or violate the privacy of other Users without their prior consent;

 

9.1.5 Use information made available through the Services for display on the internet or any other service without the Company's prior written consent thereto and subject to the terms of this Agreement;

 

9.1.6 Infringe in any manner upon copyrights, trademarks, or any other proprietary rights contained in the Services, whether belonging to the Company, to entities advertising their Services through the platform, or to any other party;

 

9.1.7 Create a browser environment, frame, mirror, or deep link to any part of the Services, including the App and/or Customer Portal, without the Company's prior written authorization;

 

9.1.8 Compile a database by systematically downloading and storing all or any part of the content of the Services, including through the Use of automated tools or technologies for data scraping, mining, retrieval, or collection (e.g., "crawlers", "automated data mining tools", etc.) out of the Services;

 

9.1.9 Transmit or otherwise make available in connection with the Services any virus, worm (worm), Trojan horse, bug, spyware (spyware), malware (malware), or any other computer code, file, application, or software that may or is intended to harm or interfere with the operation of the Services;

 

9.1.10 Modify, process, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any part of the code comprising the Services, or perform any of the foregoing actions with respect to the hardware or software used in the operation of the Services;

 

9.1.11 Display content from the Services in any manner, including through any software, device, accessory, or communication protocol, that alters the design of the App or omits any content, particularly advertisements or commercial content designated by the Company, except with the Company's prior written consent;

 

9.1.12 Publish content on the Services that is pornographic; encourages racism or unlawful discrimination; is illegal; the publication of which is illegal; or that promotes illegal activity;

 

9.1.13 Link to the Services and/or embed videos from the Services (Embedding) on any website, including on websites and/or applications that contain or host: pornographic content; content that encourages racism or unlawful discrimination; content that is illegal or the publication of which is illegal or promotes illegal activity; or where embedding the video would constitute an infringement of the moral rights of a third party, including the video's creator(s). The Company reserves the right to prohibit the embedding of videos or to modify video links at any time without prior notice to the User, and the User shall have no claim, suit, or demand against the Company in connection with such changes or with any malfunctions that may result. The Company may, at its sole discretion, instruct you to remove any such embedded content – in which case, you shall immediately comply, and you shall have no claim, demand, or suit against the Company in this regard. The Company shall bear no liability for any damage resulting from the embedding of videos from the Services. You shall bear full and exclusive responsibility for any embedding performed by you, including the clearance of copyright and the payment of royalties to the relevant copyright and/or performance rights organizations in accordance with any law, and you undertake to indemnify the Company for any damage it may incur as a result.

 

9.1.14 Use the Services in any manner not in accordance with the provisions of these Terms of Use or with the provisions of law.

 

9.2 It is clarified that the Company shall bear no liability for any damage arising from any linking to content from the Services, or from any display or publication of such content by any other means. You shall bear full and exclusive responsibility for any such linking, display, or publication carried out by you, and you undertake to indemnify the Company for any damage incurred as a result.

 

9.3 You further undertake not to perform, in whole or in part, any of the following actions:

 

9.3.1 Impersonate any person or other legal entity using the Services.

 

9.3.2 Upload, send, or transmit any material containing any form of virus or other code intended to destroy, disrupt, or limit the use (including any use beyond fair and reasonable use) of any of the Company's computers, servers, hardware, or software used by the Company in the operation of the Services.

 

9.3.3 Use the content in any manner that involves the transmission of "Junk Mail", "SPAM", or bulk email or SMS messages not requested by the recipients. Additionally, to not include content that directly or indirectly relates to radio/mobile phone services and/or end-user equipment, and/or any type of Service provided or to be provided, directly or indirectly, by any radio/mobile phone/end-user equipment operator, unless expressly authorized in advance and in writing by the Company.

 

9.3.4 Access or attempt to access any part of the Services that requires a password without having received such password from the Company.

 

9.4 While every effort is made to compile and process the content available through the Services, typographical and other errors may occur during its collection, processing, and publication. If you choose to rely on such content, you must review and verify it independently. The Services do not constitute a recommendation and/or opinion and in all cases are not a substitute for professional advice and/or any other form of guidance. Accordingly, any decision regarding the Use of such content shall be made at the sole responsibility of the User.

10. Intellectual Property

10.1 All intellectual property rights of any kind in the App and the Services, including all materials and content contained therein (including the design and layout, content and features, information, illustrations and drawings, product presentation and design, symbols, logos, icons, navigation buttons, photographs, images, graphics, text, data, audio, video, software, and formatting) (hereinafter, the "Materials"), are the sole property of the Company and/or of third parties acting on its behalf or of third parties who have granted it permission to use them within the App and the Services as aforesaid. The Company is the sole owner of all names and trademarks associated with the Materials, whether registered or unregistered, as well as all copyrights, patents, designs, trade secrets, and business information related to the operation and design of the App and Services, and any technological Materials and information related to their operation, including software, methods, systems, databases, applications, graphic files, computer code, written Materials, and/or any other content or information contained therein, including designs and graphics (hereinafter, the "Intellectual Property").

 

10.2 You undertake not to make any Use of the Intellectual Property, including copying, distributing, publicly displaying or performing, reproducing, marketing, selling, leasing, editing, transferring to third parties, modifying the design and/or graphical interface of the App or Services, creating derivative works, or otherwise making any commercial Use of the Intellectual Property and/or any part thereof, whether by you or through or in collaboration with any third party, in any manner or by any means, whether electronic, mechanical, optical, or otherwise, without the Company's prior written consent. If and to the extent such consent is granted, you must not remove, delete, or alter any notice or symbol appearing in the App relating to intellectual property rights, such as the copyright symbol (©) or the registered trademark symbol (®), that accompanies any content You use.

 

10.3 When using the App and/or the Services, you must refrain from any action that may infringe upon the intellectual property rights of the Company and/or any third parties acting on its behalf.

 

10.4 For the avoidance of doubt, the creation of an account does not confer upon the User any rights in the content or information contained in the App or Services, nor any right to copy and/or distribute and/or sell and/or make commercial Use of such information. The User is granted only a right to use the content made available through the Services, subject to these Terms of Use. For the avoidance of doubt, the right to use such content is limited to the term of the engagement. Any Use of the content after the end of the engagement period, whether in its original form or in any form processed by the User, shall constitute a copyright infringement, with everything entailed thereby.

11. Advertisements and External Links

11.1 The Company may incorporate commercial content into the Services, including advertisements and notices, submitted for publication by various advertisers. Such content may appear in text, image, or audio form and may include excerpts from articles, content originating from the Company and/or from third parties, other products, links ("Links"), and any other information or material, whether through redirection to another website and/or application, direct advertising within the App, or via static or pop-up banners.

 

11.2 These websites and Services are not under the control of the Company. The Company bears no responsibility for their availability, does not endorse them, and shall not be liable for any content (including advertisements, products, or other information) appearing on or accessible through them (including embedded links), nor for their privacy practices or any other conduct of such third parties. Your access to, Use of, or reliance on such websites, Services, or content, as well as any interaction between you and such third parties, is undertaken at your sole discretion and responsibility, including any related costs or expenses. The Company reserves the right to remove or disable any link at any time. You acknowledge and agree that the Company shall not be held liable, directly or indirectly, for any damage or loss incurred in connection with, or resulting from, your use of or reliance on any service, content, product, or other material made available through such websites or Services.

12. Privacy Protection and Personal Information

12.1 We value Your privacy. The Company respects your privacy and is committed to making every effort to protect it. The Company invests significant resources in information security and User privacy protection, employing advanced technological measures to prevent unauthorized access.

 

12.2 Any personal information provided to the Company by you and/or on your behalf during registration and/or through your Use of the Services, and/or in connection with your engagement, and/or by or on behalf of a business account holder, will be stored in the Company's database. The Company may use this information for the purpose of providing the Services (hereinafter, the "Personal Information" and the "Database", respectively).

 

12.3 When providing Personal Information to the Company, you must ensure that all information is accurate, complete, and not false or misleading. Please note that you are under no legal obligation to provide Personal Information; however, be advised that failure to do so may prevent the Company from providing you with the requested Services, including the ability to contact you. In the event of any changes to the Personal Information You have provided and/or entered through the Services, you are required to notify the Company as soon as possible of any change to such information. Such a change will only be binding upon the Company once the updated information has been actually received by it.

 

12.4 The User undertakes to maintain their personal account's login credentials confidential at all times and/or prevent their use by, and/or the granting of authorization to access them to, another User and/or Users who are not duly authorized to do so.

 

12.5 As part of providing the Services and in connection therewith, the Company may send operational messages, such as invoices, notifications regarding the start and/or end of a parking session, etc., to the User's emails and/or mobile phone number ("Operational Messages"). These Operational Messages form an integral part of the provision of the Service.

 

12.6 The User acknowledges and agrees that the Company may use the push notification function (PUSH) on the account holder's Mobile Device. The User has the option of disabling push notifications through the App settings.

 

12.7 It is hereby clarified that the Company has access to, and may use, all information stored in a business account relating to end users and their Uses, for the purpose of providing the Services and managing payments. This includes information regarding Users' activity within the Services, charging times and locations, billing and payment information, and other related data.

 

12.8 You hereby confirm and declare that the Personal Information you provide to the Company is submitted voluntarily for the purpose of enabling us to provide you with the Services. Accordingly, you consent to Our storing of the information you provide in a Database, which may be registered as required by law.

 

12.9 To emphasize, where the User is associated with a business account via a link (as described in Chapter 7), and the User has entered their own Personal Information, the business account holder will not be able to edit and/or modify such information, but rather will only be able to view it. If the user account was created by the business account holder, the business account holder will have the ability to edit, remove, and modify the Personal Information entered about them.

 

12.10 Any Use of your Personal Information is subject to the Privacy Policy, which constitutes an integral part of these Terms of Use and is available within the App.

 

12.11 The Company may utilize third-party platforms and service providers for the management of customer service, support activities, and user communications, including the Glassix platform. Such platforms may be used to facilitate, manage, document, and maintain correspondence and interactions with users across various communication and service channels.

13. Information Security

13.1 The Company makes every effort to protect your Personal Information and employs advanced technological, legal, and organizational security measures to safeguard the information under its control. Notwithstanding the foregoing, the Company cannot guarantee the absolute security of the information and does not warrant that its Services are fully immune from unauthorized access to the information stored therein. The Company recommends that, before providing Personal Information, you disclose only the information necessary for the provision of the Service and avoid submitting excessive information and/or information irrelevant to the Service. The Company clarifies that, provided it has implemented reasonable security measures, it shall not be liable for damages resulting from a breach of information security (such as unauthorized access and/or disclosure of information to a third party due to such access), or similar events.

 

13.2 The Company maintains up-to-date systems and procedures for information security that are designed to reduce the risk of unauthorized access to its computer systems and servers. Please be aware that these systems do not provide absolute protection against such intrusion and/or unauthorized access. Accordingly, the Company does not guarantee that its Services will be entirely immune from such access or from unauthorized access to the information stored on the Company's computer systems.

14. Cookies and Local Storage

14.1 When using the Services, the Company or third parties may use "cookies" (Cookies) to ensure the ongoing and proper operation of the App, Website, and Customer Portal. This includes collecting statistical data regarding Service usage, verifying User information, customizing the Services to suit your personal preferences, and for information security purposes. These cookies enable the Company to activate certain features automatically and enhance the user experience when using the Services. 'Cookies' are text files created by the App or Customer Portal according to the settings of the Mobile Device on which the App is installed or the computer used to access the portal. Some cookies expire upon closing the App, while others are stored on your Mobile Device. Cookies may contain various types of information, including the pages you visited, the duration of Your visit to the App or Customer Portal, how you arrived there, the sections and information you requested to view upon logging in to the App or Customer Portal, and more. They are also used to eliminate the need to re-enter your information each time you revisit the App and/or Customer Portal when login is required. The information stored in cookies is encrypted, and the Company takes precautions to ensure that only the Company's computers can read and interpret the information contained therein.

 

14.2 Most browsers and smart devices allow Users to delete cookies and/or data collected through similar technologies from the User's device, block the reception of cookies and/or data collected from similar technologies, or receive notifications prior to storage of data cookies collected from similar technologies. However, please note that if the User deletes the cookies and/or data collected from similar technologies or disables their storage, the User's online experience when using the Services will be limited.

15. Changes, Upgrades, and System Updates

15.1 We reserve the right to amend these Terms of Use from time to time at our sole discretion. The most current version will be available within the Service under the "Terms of Use" tab. Material changes to the Terms of Use will be accompanied by prior notice thereof via email and/or through the Company's various interfaces. Changes subject to legal provisions shall take effect in accordance with such provisions without prior notice, and your continued Use of the Service after such changes have taken effect will constitute your acceptance of those changes.

 

15.2 If You do not agree to the changes made to the Terms of Use, you may terminate the engagement in accordance with the cancellation terms set forth below in these Terms of Use.

 

15.3 The Company may, from time to time, implement upgrades and/or updates and/or changes to the App, Charging Stations, and/or Services, and may electronically and automatically upgrade the version of the App you are using. You hereby consent to such automatic upgrades and/or changes and agree that these Terms shall apply to any upgraded and/or updated version. The Company does not undertake to provide technical and/or any other support, including regarding the operation of the App and/or Services. Nevertheless, you may contact the Company at any time via its platforms, and technical support will be provided at the Company's sole discretion. The Company may change, update, suspend, and/or terminate its Services at any time without liability to the User. If the User objects to any changes made or to be made by the Company, the User must cease all Use of the App and/or Services. Continued use after such changes shall constitute the User's acceptance of and consent to those changes.

 

15.4 The Company may make changes to these Terms of Use at any time at its sole discretion. Material changes will be accompanied by prior notice. Changes to the Terms of Use that are subject to legal provisions shall take effect in accordance with such provisions and without prior notice on the App pages. Continued Use of the Services after such changes shall constitute the User's consent to and acceptance of the revised Terms. If You do not consent to any of the updated Terms of Use, you must refrain from continuing to use the App and Services.

16. Your Right to Cancel; Refund of Payments

16.1 Except where otherwise contractually agreed and/or separately committed to receiving the Services from the Company, you may terminate the engagement for the Services at any time, with immediate effect, by ceasing to use the Services. Your rights to terminate the engagement shall be in accordance with the Consumer Protection Law, 5741-1981, and any related regulations.

 

16.2 It is expressly clarified that termination of the engagement as aforesaid shall not release you from your obligation to pay for Services or any other obligations incurred prior to termination.

 

16.3 Termination of the App's services and closure of your private user account may be effected as follows:

 

16.3.1 If You wish to stop using the App, you must go to the settings menu and click the "Logout" button; alternatively, you may delete the App from your Mobile Device.

 

16.3.2 If You do not delete the App from your Mobile Device, it may continue to collect data regarding your device usage – therefore, it is your responsibility to ensure the App is permanently deleted from your device.

 

16.3.3 For the avoidance of doubt, deleting the App does not constitute closure and/or deletion of your account, nor does it terminate any payment obligations.

 

16.3.4 If You wish to permanently delete your private user account, you must contact the customer service center. Upon deletion of your user account:

  • You will lose the ability to use the App's functions.
  • You will lose any benefits and/or promotions to which You may be entitled.
  • All Personal Information about You will be deleted.
  • Your access to your recharge history will be removed.
  • You will be required to re-register should You wish to resume using the App's Services.

 

16.4 Deletion of a user account shall be carried out in accordance with these Terms of Use and the Company's Privacy Policy. Among other things, the Company may continue to use any non-Personal Information and any information no longer linked to and/or identifiable with your user account.

17. Our Right to Cancel

17.1 We may terminate the service contract at any time by providing you with at least 30 days' prior written notice.

 

17.2 We may terminate the service agreement at any time, with immediate effect, by providing you with written notice if:

 

17.2.1 The User has failed to fulfill their obligations under these Terms of Use, including timely and full payment for the Services; and/or the User has misused the Services;

 

17.2.2 The User has provided the Company with material information that is false;

 

17.2.3 The User is otherwise fundamentally in breach of any of these Terms of Use.

 

17.3 Limitation of Liability and Disclaimer

 

17.4 We provide the Services solely for your personal home use. You undertake not to use the Services for any commercial, business, or resale purpose, and we shall have no liability to you for any loss of profits, business loss, business interruption, or loss of business opportunity.

 

17.5 We provide the Services "as is", and subject to availability from time to time. We make no representation or warranty regarding your ability to use the Services, their availability, their being free from defects, their continuous operation, or the extent of your ability to operate or use them.

 

17.6 You acknowledge and agree that your Use of and reliance on the Services is at your sole and exclusive risk.

 

17.7 Subject to any mandatory legal provision, neither we nor any of our shareholders, managers, officers, employees, business partners, or service providers (including infrastructure, system, and facility providers) (hereinafter collectively, "Related Parties") shall have any express or implied liability in connection with the Services or their availability.

 

17.8 While we are making every effort to ensure a high level of Service availability, we do not guarantee continuous operation of the Service, free of malfunctions or errors or interruptions, or that the Service will be immune from unauthorized access.

 

17.9 Under no circumstances shall we or the Related Parties be liable for any damage, including direct, indirect, special, incidental, consequential (including loss of profits), or punitive damage arising out of or relating to the Services or the inability to provide the Services, whether based on product liability, contract law, tort law, or any other legal theory, even if we have been advised of the possibility of such damage. To the fullest extent permitted by law, You hereby waive any and all claim, demand, or suit against us and any related parties for any damage, injury, or loss of any kind and sort whatsoever, caused to you or anyone acting on your behalf, in connection with the provision or performance of the services, including any malfunction or defect in the facilities, systems, or infrastructure related to the provision of the Services. This provision shall be construed as a contract for the benefit of a third party.

18. Events Beyond Our Control

18.1 Without derogating from any other contractual provision that restricts our liability, we shall not be held liable for any failure or delay in performing any of our obligations under these Terms of Use caused by a Force Majeure Event.

 

18.2 A "Force Majeure Event" means any act or occurrence beyond our reasonable control, including, but not limited to, strikes, lockouts, or other industrial actions by third parties, civil unrest, riots, invasion, terrorist attacks or threats thereof, war (whether declared or not) or threat of or preparation for war, fire, explosion, storm, flood, earthquake, land subsidence, epidemic, or other natural disasters, as well as failure of public or private communication networks.

 

18.3 For the avoidance of doubt, we will never be liable for any loss or damage arising from a Force Majeure Event.

 

18.4 In the event that a Force Majeure Event occurs and affects the performance of our obligations under these Terms of Use:

 

18.4.1 Our obligations under these Terms shall be suspended, and the time for performance shall be extended for the duration of the Force Majeure Event. Where a Force Majeure Event affects our ability to provide the Services, we shall resume providing the Services as soon as reasonably practicable following the cessation of the Force Majeure Event.

 

18.4.2 You may terminate the engagement if a Force Majeure Event occurs and You no longer wish to receive the Services as a result. Please refer to "Your Cancellation Rights" as set forth in Section 16. We may terminate the engagement only if the Force Majeure Event continues for more than four (4) weeks, in accordance with our cancellation rights specified in Section 17.

19. Indemnification and Compensation

19.1 You hereby undertake to indemnify and hold harmless the Company or anyone acting on its behalf, including its managers, employees, representatives, shareholders, and all persons acting on its behalf and/or for it and any other entity involved in the provision of the Company's Services, immediately upon their first demand, against any damage, expense, or loss, whether direct or indirect, including legal expenses and attorneys' fees, incurred by it in connection with breach of any of these Terms of Use or any other unlawful act committed in connection with the Use of the Services.

20. Jurisdiction and Governing Law

20.1 The exclusive jurisdiction to adjudicate any dispute and/or disagreement in connection with the App, the Services, the Company, and/or the Terms of Use shall rest solely with the competent court in Kfar Saba or the Central District, as applicable. The law governing any such dispute or disagreement in connection with the App shall be exclusively the law of the State of Israel.

21. Miscellaneous

21.1 Subject to prior written notice, we may assign our rights and obligations under these Terms of Use to another entity that replaces us and assumes our responsibilities regarding these Terms of Use, provided that such assignment does not adversely affect your rights hereunder.

 

21.2 Each provision of these Terms of Use operates separately and independently. If any of these terms is determined by a court or other relevant authority to be unlawful, then the remaining terms shall remain in full force and effect.

22. Contacting Us

22.1 You can contact our customer service team by email at: [email protected].

 

22.2 If You wish to contact us in writing, or if any section of these terms requires you to provide us with written notice, you may do so by sending us an email to: [email protected]. Alternatively, you may send us a prepaid letter to the following address: Scala Smart Energy, 20 HaTa'asiya Street, Kfar Saba, Zipcode 4442520, Israel. If we need to contact you or provide you with written notice, we will do so by email, personal delivery, or postal mail to the address you provided when registering, or to any other address with which you provide us in writing.

 

22.3 The Company may, subject to complying with the provisions of law, add or modify the available methods for receiving the Service, or introduce additional channels such as communication via social media or any additional platform selected by the Company.

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