Terms & Conditions

1. Definitions and Scope

1. System: AI platform (business name: EV Network Intelligence) constituting a monitoring and automation system for EV charging infrastructure, available as a web application and via API-first and Agentic AI-first models. The System analyses electric vehicle charging sessions in real time and informs the Client about any anomalies and technical problems, as well as low utilisation of charging stations.
2. Solidstudio: Solidstudio Sp. z o. o. with its registered office in Kraków, ul. Karmelicka 27/101, 31-131 Kraków, NIP: 6762513853, KRS: 0000638097, share capital: PLN 56.700 fully paid. Solidstudio is the System provider and acts as an independent, CPMS-agnostic technological partner.
3. Client: any legal entity or organizational unit, in particular a) managing EV charging stations (Charge Point Operator - CPO) b) providing EV charging services to EV drivers (Electromobility Service Provider - eMSP) c) supplying EV charge point management systems (CPMS) d) constituting an e-roaming hub connecting different EV charging networks.
4. Agreement: Cooperation agreement concluded between Solidstudio and the Client by accepting these T&C. The language of the Agreement is English. By using the System, the Client confirms that they have read the T&C before starting to use the System and that they understand and accept them. Solidstudio shall not be liable for any damage suffered by the Client as a result of failure to read the T&C.
5. Services: access to the System and its functionalities as defined in these T&C, provided to the Client by Solidstudio under the Agreement.
6. Technical Requirements – hardware requirements for the device enabling the System to function properly: Internet access with a minimum bandwidth of 100 MB guaranteeing uninterrupted access to the System, a correctly configured web browser in the latest valid version.
7. Successful API Call: A request completed with a 200 (OK) status code. System errors on Solidstudio's side designated with status code starting with 5xx are not subject to billing.
8. Realtime (LVL1/LVL2): Data analysis with a variable sampling frequency, contingent on the availability of meter readings from the Client's system.
9. Input Data: Any data, logs, prompts or parameters uploaded or transmitted by the Client to the System.
10. Output: Solutions, including reports, recommendations, or automatic adjustments generated by the System's artificial intelligence based on Input Data.

2. Remuneration

1. For the performance of the Agreement the Client shall pay Solidstudio remuneration according to the current price list ("Remuneration"). Depending on the given Remuneration plan, Remuneration is based on the number of charging sessions or Successful API calls (usage-based).

2. Payment Date: Within 10 days after the end of each month Solidstudio shall provide the Client, in the form and manner required by law, with an invoice for the Remuneration due to Solidstudio for the past month. The Remuneration shall be increased by the currently applicable amount of the VAT tax. The Client agrees to link a valid credit card to their account in the System for the payment of the Services. By providing credit card details, the Client expressly authorizes Solidstudio to automatically charge the linked credit card for all applicable fees due in accordance with the Agreement. The Client is solely responsible for maintaining an up-to-date and valid credit card information within their account in the System. If a payment cannot be successfully processed due to card expiration, insufficient funds, or any other reason, the Client remains responsible for any uncollected amounts. Any alternative billing arrangements or payment methods require a separate, individual agreement with Solidstudio.
3. Overage: Once the Standard or Enterprise plan limit is reached, subsequent requests are automatically billed at the Pay-as-you-go rate. Once the Free plan limit is reached, further use of the System is blocked until the end of the month. The Free plan activates anew each month, one time in a month.
4. Idempotency: Repeated requests for the same session identifier are treated as a new service and are subject to a new fee.
5. Retry Policy: In the event of an API error, only the final successful call is billed.
6. Delay in payment: Failure to make payment on time entitles Solidstudio to suspend access to the System subject to a 3 day's prior notification.
7. Price list changes: The price list may change during the term of the Agreement. In such a case, Solidstudio shall present the Client with a new price list in a document form (eg. PDF file) no later than until the 15th day of the month. The new price list shall apply from the next month subject to its acceptance by the Client. If the new price list is not accepted by the Client in the month in which it was presented, the Agreement shall expire at the end of that month.

3. Responsibility for Actionability

1. Nature of Recommendations: The System not only identifies anomalies invisible to standard protocols (e.g., Energy Pits, Ghost Draws) and suggests corrective actions but also manages the anomalies actively.
2. Automation: The System can perform real-time corrective actions, such as station restarts, creating service tickets, or temporary shutdowns of loss-generating points. Corrective actions can be set up in the admin portal by the User or with support of Solidstudio.
3. Technology Limitations: Although internal tests show high tool effectiveness, estimated at around 90% under standard test conditions, taken into account the inherent nature of automated data processing and machine learning, Solidstudio does not guarantee that all generated content will be correct, accurate or error-free, and the effectiveness of the System may vary depending among others on the Input Data and model updates. Solidstudio reserves the right to continuously improve and update the System. This may result in changes to the performance parameters, the way responses are generated, or the functionality of the Services, however these changes are the result of technological progress and are intended to optimise and improve the Services.
4. Operational Risk: The Client acknowledges and agrees that any data, recommendations, or results produced by the System (the Output) are generated automatically by AI algorithms and models. The Client accepts that the System operates, among others, in an "Agentic API First" architecture, which means that artificial intelligence (AI Agents) may autonomously make decisions, modify EV charging station parameters, and initiate actions via the API.
5. Proper use of the System: Client obligates to use the System in accordance with generally applicable laws and principles of good practices, in particular in a manner that does not violate the rights, including personal rights, of third parties. Proper and lawful use of the System strictly prohibits the following actions:
   1. using the System to generate, publish, transmit, or otherwise make available any unlawful content, including but not limited to content that infringes upon copyrights, trademarks, or personal rights of third parties, content that may lead to the disruption or overloading of the System, content containing malicious software (malware), content that is harmful, discriminatory, or constitutes disinformation;
   2. automated mass data extraction (scraping) from the System without the Solidstudio's prior explicit consent;
   3. reverse engineering, decompiling, or disassembling the AI models;
   4. use the System to develop products or services which compete therewith, in particular to develop or train any artificial intelligence or machine learning algorithms or models;
   5. inputting or processing third-party personal data within the System without obtaining their prior and lawful consent or without possessing other lawful authorisation for such inputting or processing.
6. Business use of the System by the Client: Solidstudio does not require for the Client to inform third parties that it uses Solidstudio's System or to designate the Output with Solidstudio's name. The Client is entitled to use the System as part of its business and, as such, to make it further available to third parties. The Client is obliged to enter into agreements with those parties which encompass provisions no less stringent than these T&C and remains liable towards Solidstudio for all acts or omissions of those third parties.
7. Data Protection Measures: Solidstudio has implemented appropriate measures to protect the data processed within the System in order to ensure its confidentiality, security, and continuity. However, the use of services provided electronically may always involve the risk of unauthorized persons acquiring and using users' data, or of an interruption in access to the data or Services. Clients should protect their data, in particular with regard to the devices and software they use themselves, including by using up-to-date versions of antivirus software and firewalls, as well as appropriately complex login passwords that are not shared with third parties.
8. Account: In order to use the Services the Client has to set up an account in the System. This will require, in particular, indicating and confirming the e-mail address, providing data necessary for the execution of the Agreement i.e. name, address, TAX ID number, contact person, billing data (credit card details or, where applicable, other data), choosing a given Remuneration plan, confirming the authorisation to act in the name of the Client and accepting these T&C and Privacy Policy.

Limitation of Liability

1. Subject to the next points of this section and section 10 below, Solidstudio's liability under the Agreement (including for non-performance or improper performance of the Agreement) is limited to actual damages incurred by the Client, excluding lost profits. This limitation does not cover damages caused by Solidstudio's willful misconduct or gross negligence.
2. All actions taken automatically or manually based on System generated data are performed at the Client's sole risk. Solidstudio shall not be liable for any business, technical, or financial consequences resulting from decisions made by the automated algorithms of the System, unless they arise from the Solidstudio's willful misconduct.
3. Solidstudio shall not be liable for any damages resulting from circumstances beyond its reasonable control. In particular, Solidstudio disclaims liability for damages arising from improper use of the System, the Input Data, acts or omissions of third parties, hardware failures, Internet access interruptions, or power outages.

Liability Cap: Solidstudio's total liability for all events in a given month shall not exceed the amount of the monthly Remuneration paid by the Client for the month in which the damage occurred.

4. Intellectual Property and Machine Learning

1. Solidstudio Intellectual Property: the System and its functionalities belong to Solidstudio and are subject to protection under the generally applicable law. The Client does not acquire any rights to AI models, software, analysis methodologies or the logical structure of the System, which are the exclusive intellectual property of Solidstudio, apart from what is expressly stated in the Agreement. The System is provided to the Client on a Software-as-a-Service (SaaS) basis.
2. Client Ownership: The Client retains all rights to the data, documents and information entered into the System for the purpose of using the Services. Solidstudio grants the Client a non-exclusive, non-transferable, non-sublicensable, and time-limited (for the duration of the Agreement) right to access and use the System in accordance with its intended purpose and as made available by Solidstudio. This right encompasses the use of the System for the Client's business purposes, in accordance with the selected Remuneration plan and the remaining provisions of the Agreement. Solidstudio grants the Client a right to use – to the fullest extent permitted by law – the content of the reports and analyses generated specifically for the Client (Output) without any time or territorial restrictions.
3. Machine Learning Rights: Solidstudio may use anonymized technical data accrued in the System following its use by the Client to develop its proprietary neural networks. This data does not contain information that would allow the Client or its business processes to be identified. In the case that Client's anonymized technical data constitutes intellectual property, such as copyrights or rights to databases, Client grants Solidstudio a royalty-free, non-exclusive license to use the intellectual property and related derivative works, in all known fields of exploitation for the purpose of developing Solidstudio's proprietary neural networks. The license is not limited as to the territory. It is granted for a 5 year period, after the lapse of which it turns into a license for an indefinite period of time and the Client obliges himself not to exercise the right to revoke it for the next 10 years.
4. Revocation: The Client may object to the Machine Learning at any time. Objection applies only to future training processes; data already processed in aggregate form remains part of the model as non-identifiable data.
5. Model Protection: The Client agrees not to attempt any reverse engineering of Solidstudio's AI algorithms or other elements of the System.

5. AFIR Compliance and Limitations

1. AFIR Disclaimer: While the System supports compliance with EU AFIR regulations regarding uptime and data transparency, Solidstudio does not guarantee the Client's full legal compliance with these requirements.
2. Third-Party Dependency: The System has the ability to independently plan and execute multi-stage tasks (autonomous operations). Within the System AI analysis results are based on the Client's instructions and depend on the quality of Input Data from external systems of the Client. The Client is obliged to precisely define the decision-making framework of the System and to supervise whether the actions taken by the System are adequate to the Client's business or technical model.

6. Availability and Security

1. Availability: The SLA for the System is set at 90% System availability.
2. Compensation: In the event of failure to meet the SLA, the Client is entitled to a credit of 5% of the monthly fee for every 1% drop in System availability below the guaranteed level. The settlement shall take place in the following month in the form of a reduction in the Remuneration, up to a maximum of 50%, whereby the reduction shall not apply in the event of termination of the Agreement by the Client.
3. SLA Cap: The total sum of all credits in a given month may not exceed 50% of the total monthly Remuneration paid by the Client.
4. Maintenance Breaks: The time of the System unavailability that reduces the SLA indicator does not include interruptions in the operation of the System resulting from:
   1. planned maintenance breaks and service windows,
   2. force majeure,
   3. failure of external infrastructure over which Solidstudio has no influence (e.g. failures of the power grid, cloud service providers, telecommunications operators),
   4. improper operation of the charging station equipment on the Client's side.

   Solidstudio shall endeavour to ensure that planned maintenance breaks are carried out during periods of lowest load on the EV charging station and, where possible, shall inform the Client of them in advance; this does not apply in the event of a critical error or data security threat, including cyber attacks – in such cases, Solidstudio has the right to immediately implement an unscheduled technical interruption without prior notice, which is also not included in the downtime reducing the SLA indicator.

5. Fair Use Policy: To ensure the stability, security, fair allocation of resources, and optimal performance of the System, Solidstudio reserves the right to impose a rate limiting mechanism. This mechanism establishes a maximum allowable number of API requests or operations that the Client may submit to the System within a specified timeframe. Exceeding this predefined limit will result in the temporary throttling, rejection, or blocking of subsequent requests until the time window resets. The rate limiting mechanism shall not be deemed downtime or a breach of the SLA.

7. Data Protection (GDPR) and Cookies

1. Privacy Policy: Solidstudio acts as data controller with regard to personal data of the Client's representatives necessary for the execution and performance (contacts, settlements, etc.) of the Agreement. The Client states that those data are true and is liable therefore. Detailed information on the processing of those data by Solidstudio can be found in Solidstudio's Privacy Policy.
2. Entrusting personal data processing: Solidstudio acts as the Client's data processor based on a separate Data Processing Agreement (DPA) with regard to the remaining personal data entered by the Client into the System, especially within Input Data. The Client remains the data controller of those data and is responsible for fulfilling the respective information and other obligations towards the data subjects.
3. Cookies: Solidstudio uses cookies in the System, which are short computer data files, particularly text files, stored on Client's end devices when using the System. Detailed information about cookies, including their functions and purpose, can be found in the Privacy Policy.

8. AI Act and Data Act Compliance

1. AI Act: Solidstudio states that the System is an Artificial Intelligence based solution and that the generated content is created by AI. The System is classified as limited risk (EU Regulation 2024/1689). The System may provide a virtual assistant (chatbot) feature for generating descriptive answers to Client's requests/questions. The Client acknowledges and is hereby informed that by using the chatbot, they are interacting with an artificial intelligence (AI) system and not a human operator. The chatbot is powered by a third-party technology provider. Solidstudio ensures algorithmic transparency and Human-in-the-loop oversight for automated actions.
2. Data Portability: The Client has the right to transfer data in a structured, machine-readable format (JSON or CSV) without additional fees.
3. Switching: Solidstudio facilitates provider switching (interoperability) in accordance with Data Act requirements.

9. Final Provisions

1. Confidentiality: Both parties agree to maintain the confidentiality of technical and commercial information during the term of the Agreement and for 5 years after the termination of the Agreement.
2. Termination of the Agreement: The Agreement is concluded for an indefinite period of time. Each Party has the right to terminate the Agreement in writing or in documentary form at any time, effective at the end of the month. The Client may cancel their paid subscription at any time by changing their plan to the Free plan in their account settings. In this case, the Agreement for the provision of paid Services shall be terminated at the end of the current month, and after its expiry, access to premium features shall be blocked. In case of delay in payment of the Remuneration exceeding 14 days or if the Client violates the prohibitions contained in the Agreement or provisions of the law when using the System, Solidstudio has the right to terminate the Agreement with immediate effect. In case of termination of the Agreement the Client is not entitled to any refund of any amounts paid to Solidstudio under the Agreement.
3. Governing Law: The Terms and Conditions are governed by Polish law. In the area not regulated by those T&C the appropriate provisions of the Polish law shall apply. Any disputes shall be resolved by the court competent for Solidstudio's registered office in Kraków.
4. Availability and Changes of Terms and Conditions: the Client may obtain free access to this T&C within the System and download them in a machine readable format. Due to the dynamic nature of artificial intelligence-based technologies, Solidstudio has the right to amend these T&C among others to adapt them to new security standards, new features of the System, technical guidelines or changing legal requirements regarding artificial intelligence (including, but not limited to, the AI Act), by publishing their new version on this website no later than until the 15th day of the month. The new T&C will be effective from the month following their publication on the website subject to their acceptance by the Client. If the Client does not agree to the amended T&C, the Agreement shall expire at the end of the month in which the new T&C was published.
5. Salvatory Clause: If any provision of this document shall be held to be invalid, illegal or unenforceable, in court, such provision shall be enforced to the fullest extent permitted by applicable law and the invalid, illegal or unenforceable part shall be amended to achieve as nearly as possible the same economic effect as the original provision. Furthermore, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
6. Transfer of rights and obligations: A transfer of Solidstudio's rights and obligations arising from the Agreement to a third party does not require the Client's consent. A transfer of Client's rights and obligations arising from the Agreement to a third party requires the Solidstudio's consent.