Version 1.0 – September 2025
Terms of Use - elvah Market Monitor
elvah GmbH, Brüsseler Platz 1,45131 Essen (hereinafter “Provider” or “elvah”).
Version 1.0 – September 2025
§1 Scopeand Subject Matter of the Agreement
(1) These Terms of Use (hereinafter “Terms of Use”) applyto the use of the elvah Market Monitor platform, accessible at https://elvah.de/market-monitor (hereinafter “Market Monitor”).
(2) The Market Monitor provides, among other things,access to data and statistics on the charging market for electric vehicles inGermany and selected other countries (hereinafter the “Market Monitor Data”).
(3) The functional scope of the Market Monitor resultsfrom these Terms of Use and the service description provided during theregistration process (available at https://elvah.de/market-monitor/membership-home).
(4) The Provider is entitled to change and update thescope of the available Market Monitor Data at its own discretion, insofar asthis is reasonable for the User and the essential contractual purpose remainsintact. The Provider assumes no guarantee for the availability of specificMarket Monitor Data.
(5) Registration and use of the Market Monitor inaccordance with these Terms of Use is permitted exclusively for legal entitiesor for natural persons of full legal age and legal capacity, who have theirregistered office or habitual residence in Germany (hereinafter: “User”).
§2 Amendmentsto these Terms of Use
(1) The Provider reserves the right to amend these Termsof Use, with the exception of prices (which may only be amended with the User’sconsent), in a manner that is reasonable for the User and only with effect forthe future.
(2) Amendments to these Terms of Use will be offered tothe User in text form (by e-mail) no later than six weeks before the proposeddate of their entry into force. The User may either accept or reject theamendments prior to the proposed date of entry into force. The User’s consentshall be deemed granted if the User has not indicated his rejection before theproposed date of entry into force of the amendments. The Provider shallexpressly point out this approval effect to the User in its offer.
(3) If the User rejects a proposed amendment, theProvider’s right to terminate the agreement in accordance with Section 10 shallremain unaffected.
§3 Registrationfor the Market Monitor and Conclusion of Contract
(1) To use the Market Monitor, the User must register forthe Market Monitor via the Internet.
(2) Registration takes place exclusively via the websitehttps://elvah.de/market-monitor. The User must ensure that the informationprovided there is truthful and complete. As communication with the Userprimarily takes place by e-mail, the User must in particular have a valide-mail address and access to the associated e-mail account. After registration,the User will receive an e-mail to the e-mail address provided for the account,confirming receipt and details of the registration. The Provider reserves the rightto carry out registration as well as later login to the Market Monitor by meansof so-called two-factor authentication.
(3) The User may select a paid subscription duringregistration. The details of the subscriptions are set out in the servicedescription. The User can complete the order by clicking on “Abonnieren /Subscribe”. To book a paid subscription, the User must provide a valid paymentmethod for processing payments. Placing the order does not yet constitute theconclusion of a contract. Rather, the order constitutes an offer to conclude acontract; for the conclusion of the contract see paragraph (4) below. Prior tosubmitting his contractual declaration, the User may review and correct hisentries at any time, e.g. by using the usual navigation and correctionfunctions in the ordering process. The conclusion of the contract is possibleexclusively in German and English.
(4) The User will receive (where applicable, aftersuccessful validation of the e-mail address) an e-mail to the e-mail addressprovided for the user account, which confirms the order and lists the detailsof the contract (including the selected subscription) and contains these Termsof Use (“Registration Confirmation”). elvah does not store the contract textafter conclusion of the contract. The Registration Confirmation also serves asautomatic confirmation of receipt of the User’s order. The contract for the useof the Market Monitor under these Terms of Use (“Usage Agreement”) comes intoeffect upon receipt of the Registration Confirmation in the User’s e-mailaccount.
§4 Section4 Rights of Use
(1) The Provider grants the User a simple, i.e.non-exclusive, non-transferable and non-sublicensable right of use to theMarket Monitor Data provided within the framework of the subscription.
(2) The right of access and use of the Market Monitor Datais limited in time to the duration of the contractual relationship.Publications that were lawfully made during the term of the agreement maycontinue to exist after the end of the contract; further access to the MarketMonitor Data is excluded after termination of the contract. The right of use isgranted without territorial restrictions.
(3) In terms of scope, the right of use is limitedexclusively to the following types of use:
a. Private use: use for purely private, non-commercial purposes.
b. Journalistic use: use in text contributions in digital and printedpress media that deal with the electric charging market and/or electromobility.
c. Use by companies and public law entities: use exclusively for internal purposes within thescope of market research and for publication in their own digital and printedpublications that deal with the electric charging market and/orelectromobility.
(4) In every publication of the Market Monitor Data – inwhole or in excerpts – a clearly visible copyright or source reference to theProvider must be included, e.g.: "Source: elvah Market Monitor,https://elvah.de/market-monitor, October 2025".
(5) The following uses are in particular not permitted:
a. Distribution, dissemination, sale, rental, or otherpaid or unpaid transfer of the Market Monitor Data to third parties, insofar asthis does not fall under the types of use referred to in paragraph (3);
b. Automated analysis, extraction or scraping of theMarket Monitor Data by bots, crawlers or similar technical methods;
c. The establishment, maintenance or operation of anoffer comparable or competitive to the Market Monitor by using, processing ormodifying the Market Monitor Data and/or by combining or aggregating the Market Monitor Data with other data sets;
d. Insertion of the Market Monitor Data – in whole or inpart – into databases or comparable systems, insofar as these are accessible tothird parties;
e. Publication of the Market Monitor Data in unedited andunabridged form (in particular where the publication exceeds more than 20% ofthe entire Market Monitor Data offering of the respective month);
f. Use ofthe Market Monitor Data for unlawful, abusive or deliberately misleadingpurposes.
(6) All rights to the Market Monitor Data not expresslygranted remain with the Provider.
§5 Conditionsfor the Use of the Market Monitor
(1) Use of the Market Monitor requires a fully functionalinternet-enabled device with a data connection, on which a current standardinternet browser is installed. The establishment of the data connection is notpart of the Market Monitor and lies outside the Provider’s responsibility.
(2) The User shall choose a sufficiently complex passwordknown only to him (recommendation: at least 14 characters, upper and lower caseletters, numbers). The User shall keep this password secret and inform theProvider without undue delay if there is any suspicion that the User’s accessdata and/or password have become known to unauthorized persons. Providingaccess to third parties (hereinafter “Account Sharing”) is prohibited. TheProvider reserves the right to implement suitable technical measures to identifyAccount Sharing.
(3) If the User uses a mobile device and this device isstolen, the User is obliged to contact the Provider so that his access can betemporarily blocked.
(4) If the Provider provides new versions, updates,upgrades or other new deliveries in relation to the Market Monitor during theterm of the contract, the above conditions shall also apply to these.
§6 Suspensionof Access to the Market Monitor
In the event of a material and/or repeated breach ofthe Terms of Use (material breaches include in particular violations of Section4 Rights of Use, Section 5 Conditions for the Use of the Market Monitor, aswell as payment default of more than two weeks), the Provider reserves theright to temporarily or permanently suspend the User’s access to the MarketMonitor. In the event of temporary or permanent suspension, the Provider shallblock the User’s access authorization to the Market Monitor and notify the Userthereof. In the event of an unjustified suspension or a suspension for a breachnot attributable to the User, the User shall be entitled to a proportionalrefund of fees paid for the duration of the suspension. If, on the other hand,the User continues or repeatedly violates the above provisions despite acorresponding warning by the Provider and is responsible for this, the Providermay terminate the contract without notice. Further claims of the Providerremain unaffected.
§7 Availabilityof the Market Monitor and Force Majeure
(1) The Provider is entitled to implement scheduledunavailability of the Market Monitor for maintenance, servicing, data backupand other work on the Market Monitor. Such scheduled unavailability will beannounced to the User at least one week in advance and should generally takeplace at times of low usage (if possible, Monday to Friday between 8 p.m. and 6a.m.). No prior notice by the Provider is required for urgently necessary work,e.g. to close security gaps in the Market Monitor or to maintain thefunctionality of the Market Monitor. During scheduled unavailability, the Userhas no legal claim to use the Market Monitor. If the User nevertheless uses theMarket Monitor during scheduled unavailability, he shall have no claim towarranty or damages for any performance reduction or suspension caused by such unavailability.Furthermore, intensive simultaneous use by many participants may lead toimpairment of the performance (speed) of the Market Monitor.
(2) The Provider shall not be obliged to perform itscontractual obligations in the event and for the duration of force majeure.Force majeure means an unforeseen event from outside that cannot be avertedeven with the utmost care and is not attributable to the Provider. Thefollowing circumstances are in particular deemed to constitute force majeurewithin this meaning: natural events not attributable to the Provider(fire/explosion/flooding); epidemics and pandemics; wars, mutinies, blockades,embargoes; strikes lasting more than 6 weeks and not culpably caused by theProvider; technical problems of the Internet not attributable to the Provideror other technical infrastructure beyond the Provider’s influence and notwithin its sphere of responsibility. The Provider shall notify the User withoutundue delay in text form of the occurrence of a case of force majeure.
§8 Liabilityof the Provider
(1) The Provider shall be liable without limitation forall damages caused intentionally or through gross negligence by the Provider aswell as its legal representatives or vicarious agents. In cases of slightnegligence, the Provider shall be liable without limitation in the event ofinjury to life, body or health.
(2) In all other respects, the Provider shall only beliable if it has breached an essential contractual obligation. Essentialcontractual obligations are such obligations that are of particular importancefor achieving the purpose of the agreement, as well as all those obligationswhich, in the event of culpable breach, may jeopardize the achievement of thepurpose of the contract. In such cases, liability shall be limited tocompensation for the foreseeable, typically occurring damage. The Provider’sstrict liability for damages (§ 536a BGB / German Civil Code) for defectsalready existing at the time of conclusion of the contract is excluded;paragraphs (1) and (2) remain unaffected. Statutory mandatory consumer rightsremain unaffected.
(3) The Market Monitor Data are compiled with due care andare regularly updated. They are based on sources which the Provider considersreliable. Nevertheless, the Provider cannot assume any guarantee for theaccuracy and completeness of the Market Monitor Data.
(4) The Provider shall not be liable for damages resultingfrom culpable use of the Market Monitor in violation of these Terms of Use.
(5) Statutory warranty law (Gewährleistungsrecht) applies.
§9 Pricesand Billing
(1) Prices for the use of the Market Monitor aredetermined by the subscription selected by the User on the Market Monitorwebsite. The active subscription can be viewed in the user account on theMarket Monitor website.
(2) Payment can be made using the payment methods offeredby the Provider. The Provider may instruct the payment service providerselected by the User to initiate payments in accordance with the provisions ofthis agreement. The Provider reserves the right to exclude certain paymentmethods. Insofar as payment against invoice is offered, the Provider reservesthe right to carry out a credit check in individual cases.
(3) Payment based on the subscription booked by the Useris made monthly via the stored payment method; the monthly amounts are debitedin advance via the stored payment method. All prices, fees and price componentsstated and displayed in the Market Monitor, in the service description and inthese Terms of Use include statutory VAT and are therefore final prices. Theyform the basis for binding and final invoicing.
(4) If the User is in default of payment of one monthlyinstallment or more, the Provider shall be entitled to suspend the User’saccess to the Market Monitor immediately after notifying the User of thepayment default and issuing a payment request. If the User does not comply withthis payment request within 14 days, the Provider shall be entitled toterminate the contractual relationship extraordinarily. Further claims of theProvider remain unaffected.
§10 Term, Termination
(1) The contractual relationship begins upon conclusion ofthe contract. The services shall be provided no later than the working dayfollowing the conclusion of the contract.
(2) Unless otherwise stated in the ordering process, theminimum term of the contract is one year. After expiry of this minimum contractterm, the contract shall be extended for an indefinite period unless it hasbeen validly terminated. The contractual relationship may be terminated byeither party in text form (e.g. by e-mail or via a customer portal on thewebsite using the termination button provided for this purpose) with onemonth’s notice without giving reasons at the end of the respective term. Deviating(minimum) terms and notice periods may be agreed in the ordering process.
(3) Both parties have the right to terminate the contractextraordinarily for good cause. Good cause for elvah shall include inparticular: a) repeated and/or material breaches of these Terms of Use, and b)payment default of more than two weeks. In particular, breaches of Section 4and Section 5 are deemed material.
§11 Data Protection
Information on data processing in connection with theMarket Monitor can be found in the Market Monitor Privacy Notice available athttps://elvah.de/market-monitor/privacy.
§12 Final Provisions
(1) No oral collateral agreements exist outside thisagreement and its appendices. Any previous agreements regarding the subjectmatter of this agreement are hereby rendered invalid. Amendments or additionsto this agreement and its appendices require written form to be effective. Thisalso applies to any waiver of the written form requirement. Excluded from theaforementioned clause are amendment notifications by the Provider pursuant toSection 2, which may be made in text form.
(2) Any invalidity of individual provisions of thisagreement shall not affect the validity of the remaining contractual content.Should gaps arise in the practical interpretation of this agreement which werenot foreseen by the parties, or should the invalidity of a provision beestablished by final judgment or by mutual agreement of the parties, theyundertake to fill or replace this gap or invalid provision in a manner that isobjectively reasonable and oriented to the economic purpose of the agreement.
(3) For consumers and for other persons with theirhabitual residence in a Member State of the European Union (EU) or the EuropeanEconomic Area (EEA) at the time of conclusion of the contract, German law shallapply, excluding the UN Convention on Contracts for the International Sale ofGoods (CISG). For consumers and for other persons with habitual residence in astate that is neither a member of the EU nor of the EEA at the time ofconclusion of the contract, German law shall apply. Irrespective of this choiceof law, mandatory consumer protection law of the state in which the consumerhas his habitual residence at the time of conclusion of the contract shallalways apply to consumers.
(4) Theplace of jurisdiction is Berlin, Germany. For consumers, however, only thestatutory rules on jurisdiction shall apply.
(5) These Terms of Use are available in multiple languageversions. In the event of any discrepancies or inconsistencies, only the [German version] [LB1] shall be legally binding and prevail.
(6) For consumers, the right of withdrawal applies inaccordance with the Annex.
§13 Code of Conduct
The codes of conductto which elvah has committed itself can be found in the information on thecodes of conduct of elvah’s parent company, E.ON SE, Brüsseler Platz 1, 45131Essen, which also apply to elvah. These are available via the imprint of theelvah website or directly athttps://www.eon.com/de/ueber-uns/corporate-governance/verhaltenskodex.html.
Annex: Withdrawal Policy and Model Withdrawal Form
§1 Rightof Withdrawal
(1) You have the right to withdraw from this contractwithin fourteen days without giving any reason.
(2) The withdrawal period is fourteen days from the day ofthe conclusion of the contract.
(3) To exercise your right of withdrawal, you must informus (elvah GmbH, Brüsseler Platz 1, 45131 Essen, e-mail: info@elvah.de) by meansof a clear declaration (e.g. a letter sent by post, fax or e-mail) of yourdecision to withdraw from this contract. You may use the model withdrawal formset out in Section 3, but this is not mandatory.
(4) To meet the withdrawal deadline, it is sufficient foryou to send the notification of exercise of the right of withdrawal before thewithdrawal period has expired.
§2 Consequencesof Withdrawal
(1) If you withdraw from this contract, we shall reimburseyou for all payments we have received from you, including delivery costs (withthe exception of additional costs resulting from your choice of a type ofdelivery other than the least expensive standard delivery offered by us),without undue delay and at the latest within fourteen days from the day onwhich we received the notification of your withdrawal from this contract.
(2) For this repayment, we will use the same means ofpayment that you used for the original transaction, unless expressly agreedotherwise with you; in no case will you be charged any fees for this repayment.If you have requested that the services should begin during the withdrawalperiod, you shall pay us a reasonable amount corresponding to the proportion ofthe services already provided up to the point at which you notified us of theexercise of the right of withdrawal with regard to this contract, compared tothe total scope of the services provided for in the contract.
§3 ModelWithdrawal Form
To elvah GmbH, Brüsseler Platz1, 45131 Essen:
I/we (*) hereby withdraw from the contract concludedby me/us (*) for
Customer number (if known): X
Ordered on (*) / received on (*)
Name of the customer(s):
Address of the customer(s):
Signature of the customer(s) (only if this form issubmitted on paper):
Date:
(*) Delete as applicable.