Subscription Terms

1. The agreement

These Subscription Terms are between SIA symbioen, a Latvian limited liability company registered under unified registration number 40203754396 (“Symbioen”, “we”, “us”) and the customer identified in an Order Form (“Customer”, “you”).

The agreement between us consists of the Order Form, these Subscription Terms, the Service Description and Service Levels, the Data Use and Publication Policy and, where triggered under clause 12, a Data Processing Agreement. Where they conflict, the Order Form prevails, then these Terms, then the Annexes.

Where you subscribe online rather than by signing an Order Form, your acceptance at checkout has the same effect, and the plan and price shown at checkout serve as the Order Form.

2. What you get

For the term stated in the Order Form, and provided fees are paid, we grant you a non-exclusive, non-transferable right to access the products listed in the Order Form and to use their outputs in accordance with the Data Use and Publication Policy.

Products are scoped by the unit shown at checkout or named in the Order Form. Online Deep Monitor self-service is scoped by station; contracted portfolio orders may use a station, EVSE or another agreed portfolio unit. Market Intelligence is scoped by named seats and markets, and Custom Reports per report. What each product includes is described in the Service Description.

3. Your responsibilities

You agree to:

keep credentials confidential and not share a named seat between individuals; use the service in accordance with these Terms and applicable law; not attempt to circumvent rate limits, access controls or export functions; and tell us promptly if you believe credentials have been compromised.

You are responsible for decisions you take using our outputs. Our analysis is independent evidence, not advice, and not a substitute for your own judgement.

4. Fees and payment

Fees, billing frequency and payment terms are stated in the Order Form. Fees are exclusive of VAT and any other applicable tax, which you pay in addition where due. Where the reverse-charge mechanism applies to a supply to a business in another EU member state, you provide a valid VAT identification number.

Undisputed invoices not paid by their due date accrue statutory late-payment interest. Where you dispute an invoice in good faith, you tell us in writing before the due date, identify the disputed amount and pay the rest on time.

Adding units or seats during a contracted term is charged as stated in the Order Form and co-terminates with the current term unless agreed otherwise. Reducing contracted scope takes effect at renewal. Online self-service is charged for the station or country quantity shown at checkout.

5. Term, renewal and price changes

The initial term and renewal period are stated in the Order Form. Unless the Order Form says otherwise, the agreement renews automatically for successive periods of the same length unless either party gives written notice before the notice deadline stated in the Order Form.

We may change fees for a renewal term by giving you written notice at least 60 days before that term begins. If you do not accept the change, you may decline renewal by notice before the current term ends. We do not change the fee during a term you have already committed to.

Online self-service renews monthly. You may cancel renewal through the billing portal at any time, and access continues until the end of the paid monthly period unless applicable law requires otherwise.

Where checkout includes a free trial, the trial length and the price that follows it are shown before confirmation. Unless you cancel through the billing portal before the trial ends, the subscription converts automatically to the monthly paid plan shown at checkout.

6. Suspension

We may suspend access where fees remain unpaid more than 30 days after the due date, where use threatens the security or integrity of the service, or where clause 8 of the Data Use and Publication Policy allows it. Except where delay would cause serious and irreparable harm, we give you written notice with the specifics and a reasonable opportunity to put things right first.

7. Termination

Either party may terminate for material breach that is not cured within 30 days of written notice describing it, or immediately if the other party becomes insolvent or enters liquidation.

On termination your access ends. What happens to outputs you already received is governed by the Data Use and Publication Policy, which allows you to keep and use them internally. Fees for a terminated period are refunded only where these Terms or the Service Levels say so.

8. Service levels

Where the Order Form expressly includes contracted service levels, availability, data freshness, support response times and service credits are set out in the Service Levels. Those credits are your primary remedy for a service level miss. They do not limit any remedy available to you under applicable law, and they do not apply to our intentional misconduct or gross negligence. Online self-service does not include contractual service levels or service credits.

9. Use of outputs

What you may do with scores, metrics, exports and reports is governed by the Data Use and Publication Policy, which forms part of this agreement and survives its termination.

10. Independence of the Symbioen Index

The Symbioen Index is produced independently under the methodology published at symbioen.com/methodology. Paying for a subscription confers no influence over any score, ranking or published result, including your own, and gives no right of prior review of anything we publish.

We may publish scores concerning you on the same basis as we publish scores concerning anyone else. Ending a subscription does not remove your stations from public scoring, which is based on public data. You may submit a factual correction request at any time under clause 5 of the Data Use and Publication Policy.

11. Confidentiality

Each party keeps the other’s non-public information confidential, uses it only for the agreement, and protects it with at least reasonable care. This does not apply to information that is public through no breach, was already known, is independently developed, or must be disclosed by law — in which case the disclosing party is told first where lawful.

Public infrastructure data and the outputs we derive from it are not your confidential information, and nothing here prevents us from serving other customers in your market.

12. Personal data

Under Deep Monitor and Market Intelligence we do not process personal data on your behalf. We process infrastructure and equipment data, which does not identify individuals. Separately, we act as controller for the account data of your users — name, business email, and usage logs needed to run and secure the service — as described in our Privacy Policy.

Where you supply us with session logs, operational records or other material that contains personal data, for example under a verification engagement or a Custom Report, we act as your processor for that material and a Data Processing Agreement applies. Ask legal@symbioen.com for the current form. The providers we rely on are listed at Subprocessors.

13. Intellectual property

We own the service, the methodology, the Symbioen Index and everything we produce, apart from material you supply, which remains yours. You may use our outputs as the Data Use and Publication Policy allows. Nothing transfers ownership.

Where you give us feedback, we may use it to improve the service without obligation to you.

14. Warranties and what we do not promise

We warrant that we provide the service with reasonable skill and care, and in accordance with the Service Levels.

We do not warrant that our outputs are free from error, that a score will match an operator’s own reporting, or that every fault at a charger will be visible to us. Faults that do not appear in the public status feed will not appear in our analysis. Coverage depends on what each National Access Point publishes and on whether an EVSE has enough recent signal history to be scored responsibly. Where it does not, we return an ineligible result with the reason rather than a number.

Our outputs are analysis. They are not certification, regulatory approval, legal, financial or investment advice.

15. Liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, for intentional misconduct or for gross negligence, or for anything else that cannot lawfully be excluded.

Subject to that, each party’s total liability arising out of the agreement in any 12-month period is limited to the fees you paid in the 12 months before the event giving rise to the claim, and neither party is liable for indirect or consequential loss, loss of profit, revenue or anticipated savings.

16. Events outside our control

Neither party is liable for failure caused by events beyond its reasonable control. This includes the unavailability, delay, suspension or degradation of a National Access Point or other upstream public data source, which we consume but do not operate.

17. Changes to these Terms

We may publish a new version of these Terms. A new version applies to a signed Order Form from its next renewal, not during a term you have already committed to, unless the change is required by law or you accept it earlier. For online subscriptions, we give at least 30 days’ notice by email before a new version takes effect, and you may cancel before it does.

Each version carries a number and an effective date. Superseded versions are available on request.

18. General

Neither party may assign the agreement without the other’s written consent, except to a successor of its business. We may use subcontractors and subprocessors, and remain responsible for their performance. Notices are given in writing to the contacts named in the Order Form; email is sufficient.

If a provision is unenforceable, the rest stands. Failure to enforce a right is not a waiver of it. The agreement is the entire agreement between us on its subject matter.

19. Governing law

The agreement is governed by the laws of the Republic of Latvia. The courts of Riga, Latvia have exclusive jurisdiction, without prejudice to any mandatory right you have to bring proceedings elsewhere.

20. Contact

SIA symbioen, unified registration number 40203754396, Riga, Latvia. Commercial questions: hello@symbioen.com. Contractual questions: legal@symbioen.com. Support: support@symbioen.com.