Generational Terms and Conditions

Contents

1. Introduction
2. Definitions
3. Service Access and License
4. Restrictions
5. Accounts
6. Fees
7. Customer Responsibilities and Acceptable Use
8. Customer Data
9. Personal information
10. Adherence
11. Updates and Upgrades
12. Changes and Availability
13. Intellectual Property Rights and Ownership
14. Warranties and Disclaimer
15. Indemnity and Liability
16. Term and Termination
17. General

1. Introduction

The following terms and conditions govern all use of the Platform and Services made available by Generational Technologies Ltd, having its registered place of business at 7 Bell Yard, London, WC2A 2JR, United Kingdom (“Generational” or “we” or “our”). Please read these terms of use ("Terms of Use" or “Agreement”), which will govern your access, registration, and use regarding the Platform and the Services. If you disagree with this Agreement, please do not use or access the Platform or Services.By using the Platform and/or Services, you represent and warrant that:

• You are either above the age of majority as per the applicable laws to which you are subject or the age of eighteen (18) whichever is greater.

• You have a valid full driving license suitable for the EV category used with the Platform.

• You are of sound mind and have the right, authority, and capacity to agree to and abide by these Terms of Use.

• If you are accessing the Platform or Services on behalf of another entity or person, you are authorised to act on behalf of such entity or person and have the full authority to bind such person or entity to this Terms of Use. We reserve the right to deny access to or offer the Platform or Services to any person or entity.

2. Definitions

a. You or Customer refers to any individual or entity that directly engages with Generational to purchase, access, or utilize its Platform and/or Services.b. Platform means the website located at https://generational.ac/ and any other digital web or mobile application made available by Generational to you.c. Services means the software as a subscription service made available by Generational through the Platform including the provision of remote diagnosis of battery health services and Reports.d. Reports are digital documents analyzing your EV’s battery performance, issued based on remote diagnosis conducted through our Platform.e. Authorized Users refer to individuals or entities who have been expressly granted permission or authorization by you to utilize the services provided by Generational. Authorized users may include lessees, drivers, or any other parties designated by you to access and benefit from the services offered by Generational.f. Customer Data means data or information submitted by Customer or obtained by Generational on behalf of the Customer, including but not limited to text, photos, images, audio, videos, and any personal data, in whatever medium or form, for Customer's and/or Authorized User's use of the Platform and the Services.

3. Service Access and License

a. Subject to the terms and conditions of this Agreement, during the term of this Agreement, Generational shall use commercially reasonable efforts to provide Customer and Authorized Users access to the Platform and the Services.b. Subject to the terms and conditions of this Agreement, Generational grants to the Customer and Authorized Users a limited, personal, subscription-based, revocable, non-exclusive, non-sublicensable, non-transferable, license to access and use the Platform and Services solely for internal business purposes.c. Remote diagnosis of Battery Health services:i. We offer remote diagnosis of electric vehicle (EV) battery health through our Platform, providing certification and Reports. Using data collected via the Platform, we analyze EV battery performance, helping you understand aging behavior and expected range.
ii. Subject to the terms and conditions of this Agreement including payment of any applicable fees by you, we will issue Reports (which may be in the form of one-time reports or monthly reports) analyzing your EV battery's current performance.
iii. Reports will be provided only when you have submitted the required information during signup and Generational has access to sufficient vehicle usage behaviour.
iv. Reports will be delivered via email or accessible through a link sent in an email.
v. The Customer or Authorized Users need an active connected services account with the EV manufacturer (e.g., Nissan Connect EV, BMW Connected Drive, Tesla’s API, etc.).
vi. We will verify your EV’s eligibility during signup. We can offer the Reports only if your EV is eligible. Note that we may not support all EV models. You can obtain a list of supported EV models during signup.
vii. You must agree to Enode's Privacy Policy, accessible at https://enode.com/privacy-policy, and provide Enode with your EV’s connected services account login credentials. For clarification: a) We utilize Enode, a third-party data service, to gather EV data for Report preparation. b) We do not endorse, guarantee, or warranty Enode's or any other third-party products/services.
viii. We reserve the right to refuse approval of Reports if, in our reasonable discretion, we suspect misleading, or suspicious activity associated with the data or information provided for analysis. In such cases, we may conduct further investigation, request additional information or evidence from you, or take any other appropriate actions deemed necessary to verify the accuracy and integrity of the Reports. We shall notify you of our decision to refuse approval, providing reasons for the refusal, and shall not be liable for any damages or losses resulting from such refusal.

4. Restrictions

Customer shall not, directly or indirectly:a. reverse engineer, decompile, disassemble, or otherwise attempt to discover or access or derive the source code, or underlying structure, relating to the Platform and Services;
b. republish, reproduce, or copy any part of the Platform and Services except as stated herein;
c. commercially exploit, modify, translate, or create derivative works based on the Platform and Services;
d. make the Platform and Services available to any person other than the Authorized Users;
e. use or access the Platform and Services to provide service bureau, time-sharing, or other computer hosting services to third parties;
f. remove, modify, or obscure any copyright, or other proprietary notices contained in the Platform and Services;
g. conduct any penetration testing load testing or any similar testing;
h. circumvent any features of the Platform and Services;
i. attempt to interfere with, or compromise the system integrity or security of the Platform and Services;
j. introduce any viruses, worms, or other similar agents through the Platform and Services;
k. access the Platform and Services for any benchmarking purpose;
l. build a product using similar ideas, features, functionality, or graphics as the Platform and Services;
m. copy any ideas, functions, or graphics of the Platform and Services;
n. interfere with the proper working of the Platform and Services;
o. use the Platform and Services for any commercial solicitation purposes;
p. use the Platform and Services for impersonating another person;
q. use the Platform and Services for conducting fraud or misrepresentation;
r. hide or attempt to hide your identity while using or accessing the Platform and Services;
s. employ robots, spiders, or data mining tools to gather or process information from the Platform and Services;
t. engage in web scraping or screen scraping to access the Platform and Services;
u. use any automated system to access the Platform and Services;
v. access or use the Platform and Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing, or obscene; violate privacy rights; promote racism, hatred, or discrimination; send or store unsolicited bulk e-mail, junk mail, spam or chain letters, or infringing, threatening, scandalous, disparaging materials; infringe property rights including intellectual property rights; attempt to gain unauthorized access to the Services; conduct any fraudulent, immoral or unlawful, or illegal activities.

5. Accounts

a. Generational on behalf of the Customer may create accounts for the Authorized Users. For this purpose, the Customer shall provide certain details to enable Generational to create accounts for Authorized Users.b. The Customer shall ensure that only accurate, complete, current, true, and valid details are provided. Generational will not be liable for any loss or damage that occurred due to inaccurate, incomplete, or false details provided.c. You will have a username and personal password. The username and password are personal and cannot be shared with other persons.

6. Fees

a. In consideration of the provision of the Platform and Services rendered by us, the Customer shall pay applicable fees to Generational as specified on our Platform or during the signup process.b. The access and use of Platform and Services are dependent on the timely payment of all applicable fees.c. The payment obligations are non-cancellable and non-refundable unless otherwise stated herein.d. Customer shall be responsible for payment of all taxes including, value-added taxes (VAT), levies, duties, or similar charges relating to the Customer's use or access of Platform and Services.e. Unless otherwise stated during the signup process or as otherwise stated in our Platform, the Customer shall make all the payments before commencement of the Services or provision of Reports.f. If at any point in time, Generational reasonably determines that the Customer has underpaid the fees herein, Customer shall be immediately liable to pay any underpayments as soon as the underpayments are notified by Generational to Customer.g. Unpaid amounts are subject to an interest charge of 8% over the Bank of England base rate on any outstanding balance daily, or the maximum permitted by law, plus all expenses of collection. In addition to any other legal remedies available, Generational may suspend access to Platform and Services in the event of payment delinquency.h. Generational reserves the right to reimpose reactivation fees in the event the Platform and Services access is suspended and thereafter Customer requests access to the Platform and Services.i. All amounts payable to Generational hereunder shall be paid by Customer in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason except as may be required by applicable law.j. All amounts stated herein shall be payable in pounds sterling unless otherwise specified.

7. Customer Responsibilities and Acceptable Use

The Customer shall
a. Notify Generational immediately of any unauthorized use of any password or user ID or any breach of security (Generational is NOT responsible for any losses, damages, costs, expenses, or claims that result from stolen or lost passwords).b. Be responsible for obtaining and maintaining both the functionality and security of any equipment and ancillary services needed to connect to, access, or otherwise use the Platform and Services.c. Use and access the Platform and Services for the purpose solely as specified in this Agreement and follow all applicable laws.d. Provide all necessary information, cooperation, and assistance to us to provide the Platform and Services. Generational shall not be responsible for any losses, damages, or expenses arising from the failure or delay providing Platform and Services where such failure or delay results from the act(s) or omission(s) of Customer or Customer's refusal, inability, or delay in providing information or assistance needed.e. Obtain and shall maintain necessary licenses, and consents, necessary for Generational to perform their obligations under this Agreement.

8. Customer Data

a. Customer shall be responsible for the accuracy, quality, legality, reliability, integrity, and appropriateness of all Customer Data including complying with any applicable laws or rules thereof, and shall indemnify and hold Generational harmless for all claims of third party about the Customer Data.b. In the event of any loss or damage to the Customer Data, Generational shall use reasonable commercial efforts to restore the lost or damaged Customer Data from the latest backup of such Customer Data maintained by Generational. The foregoing indicates the sole and exclusive remedy of the Customer concerning the loss or damage of Customer Data.c. Generational shall not be responsible for any loss, destruction, alteration, or disclosure of Customer Data caused by any factors outside the control of Generational.d. Customer represents and warrants that:i. Customer and/or the Authorized Users are the creator and owner of the Customer Data and have all the necessary licenses, rights, consents, and permissions to authorize Generational and its agents and representatives to use the Customer Data.
ii. Customer Data does not and will not:
1. Infringe any third-party rights, including intellectual property rights;
2. Defame or invade the right of privacy, or other proprietary rights of any person,
3. Violate any laws,
4. be objectionable, offensive, pornographic, harassing, threatening, uncomfortable, hateful, or otherwise inappropriate.

9. Personal information

a. Your personal information may be transferred or stored outside the European Economic Area (EEA), Switzerland, or the UK by applicable laws.b. Customer shall ensure that it holds sufficient rights (including obtaining explicit consent from any third parties) to transfer any personal information to Generational to enable Generational to process, transfer, and store the personal information.c. Regarding the Remote diagnosis of Battery Health services:i. We do not store your login credentials.
ii. Data Transmission Security: We take your data security seriously. We receive a unique authorization token from Enode through a standard protocol called OAuth 2.0. This token can only access data that you explicitly authorized during the connection process. All data exchanged between you, Enode, and your EV is encrypted using end-to-end 256-bit encryption for maximum security. Your credentials and authorization token are also transmitted securely using the same encryption.
iii. Data Usage: Your EV’s data is used only in aggregate to train a model that helps assess EVs.d. The Customer hereby agrees that we will process, transmit, and/or store personal information as per the privacy policy of Generational available at https://generational.ac/#privacy, which may be amended from time to time.

10. Adherence

a. The Customer shall comply with and ensure the compliance of the Authorized Users with these Terms of Use.
b. The Customer and the Authorized Users are jointly and severally responsible for any acts or omissions of the Authorized Users about the use of Platform and Services. Any violation of the terms and conditions of this Agreement by any of the Authorized Users shall be considered as a violation by the Customer.

11. Updates and Upgrades

a. During the Term of this Agreement, Generational may provide updates from time to time.b. At its sole discretion, the Generational may also apply upgrades as and when commercially available. Any upgrades provided to the Customer will be charged separately at the then-applicable rates.

12. Changes and Availability

a. Generational may, in its sole discretion, make any changes to the Platform and Services that it deems necessary or useful to maintain or enhance the quality or delivery of the Platform and Services.b. Generational shall utilize commercially reasonable efforts to maintain Platform and Services availability.c. Notwithstanding anything to the contrary, Generational does not guarantee 100% Platform and Services availability at any point in time.d. Generational reserves the right to change, modify, or discontinue any feature of the Platform and Services at any time without notice.e. The Platform and Services may contain content uploaded by other our users. Such content has not been verified or endorsed by us. The opinions expressed by users on our Platform and Services do not necessarily reflect our own. If you have concerns about any content, please contact us.

13. Intellectual Property Rights and Ownership

a. Generational and its licensors shall own all rights, title, and interest in and to the Platform and Services including the software, any documentation, modifications, improvements, upgrades, and any derivative works related thereto and intellectual property rights including without limitation copyright, trademark, design, patent, and all other intellectual property rights therein.b. This Agreement is not a sale and does not convey to the Customer or Authorized Users any rights of ownership in or related to the Platform and Services.c. All Customer Data is owned by the Customer. Customer hereby grants Generational and its agents and representatives a limited, non-exclusive right to access and use the Customer Data solely for the purpose of providing the Platform and Services. This right includes the ability to duplicate the data for hosting and backup purposes and publishing and sharing Customer Data in an anonymised way for promotional purposes. Generational shall not publish, reproduce, modify, distribute, publicly display, or make derivative works of the Customer Data without the express consent of the Customer, except to the extent necessary for the provision of the Platform and Services. Generational shall not exploit or retain the Customer Data for any purposes other than those directly related to the Platform and Services. Generational agrees to use the Customer Data solely in accordance with applicable laws and regulations, and to implement appropriate security measures to protect the confidentiality and integrity of the Customer Data.d. To the extent that the Platform and Services incorporate any third-party software or content, then subject to all applicable terms and conditions in this Agreement and by and subject to any third-party license terms and Customer's compliance therewith, Generational hereby grants to the Customer a non-exclusive, non-sublicensable license to use the third-party software or content solely for access and to use with the Platform and Services.e. Customer agrees that the Platform and Services may include any open-source software and such software shall be subject to applicable open-source license terms and Customer shall comply with the applicable open-source license terms.f. For the avoidance of doubt, Generational retains ownership of all Reports generated through its Platform and Services, including any intellectual property rights therein. However, any data provided by the Customer's EV, which contributes to the generation of these Reports, remains the property of the Customer and is considered Customer Data, and all rights granted by the Customer to us about the Customer Data apply mutatis mutandis to any data provided by the Customer's EV.g. You may use the Report for your personal use and reference, but may not distribute, reproduce, or modify them without prior written consent from Generational. Notwithstanding the foregoing, you may, however, share a copy of a Report with any party in relation to your potential sale of the EV that is the subject of the Report.

14. Warranties and Disclaimer

a. Generational warrants that during the term of the Agreement, Generational will provide the Platform and Services using commercially reasonable efforts and under general industry standards.b. Generational cannot guarantee that the Platform and Services will be completely free of errors, viruses, or interruptions. While we strive to address any issues promptly, we do not promise to correct all errors. Additionally, we cannot ensure that the Platform and Services will always meet your specific requirements or expectations, or that they will produce certain results. Compatibility with other services or systems may also vary.c. The Platform and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted under applicable law, the Platform and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or performance.d. While significant efforts are made to ensure the accuracy and reliability of the provided certification and reports, we cannot offer a guarantee of the correctness or completeness of the Reports. You acknowledge and accept that the Reports produced are based on the data made available to us and therefore only provide an estimate of the condition of the EV battery. Though we do not accept liability for any inaccuracies or errors in the diagnosis, where possible we will make efforts to investigate where you feel there is an inaccuracy or error.e. We do not provide a guarantee of the future performance of your EV’s battery.f. We are not responsible for products or services provided by third parties. Any such products or services are subject to separate terms and conditions.g. Our Platform may contain links to third-party websites and resources. We do not control their content, terms or privacy policies.h. We rely on third-party services and data sources for certain aspects of Platform and Services. While efforts are made to ensure the reliability and availability of these services, we cannot guarantee their uninterrupted operation or accuracy. You acknowledge and accept that disruptions or changes in third-party services may impact the functionality and performance of the Platform and Services.

15. Indemnity and Liability

a. Customer will indemnify Generational, its affiliates, agents, representatives, successors, and assigns against any claims, losses, damages, liabilities, and reasonable legal fees that result from the gross negligence of or breach of this Agreement by the Customer or its Authorized Users or infringement or alleged infringement of any intellectual property rights that occurs in connection with this Agreement or use of Platform or Services.b. Under no circumstances shall either party be liable to the other party for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any kind or for any emotional distress or lost profits or lost business opportunities, loss of data or loss of content arising in connection with this Agreement.c. Nothing in this Agreement excludes or limits a party’s liability for personal injury arising from negligence, fraud or misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.

16. Term and Termination

a. Generational may terminate this Agreement and/or suspend the use and access of the Platform and Services at any time for any reason by providing a notice to the Customer.b. If you no longer wish to receive our Services, you can close and delete your account by emailing support. Please note that once deleted, your account cannot be recovered, and you will not be able to access your account or other information we hold about you.c. Suspension of the use of Platform and Services shall not release the Customer of its payment obligations under this Agreement.d. Generational shall not be liable to the Customer or any third party for any liabilities, claims, or expenses arising from or relating to the suspension of the use of the Platform and Services.e. Upon termination of this Agreement, all usage rights granted under this Agreement shall terminate and the Customer shall cease accessing or using the Platform and Services. Generational shall retain Customer Data only for as long as necessary to fulfill legal or regulatory obligations, such as audit or reporting requirements. Upon termination of the relationship, Generational shall securely delete or dispose of Customer Data, unless retention is justified for legitimate research, analysis, or product development purposes. Aggregated or anonymized data may be retained for such purposes beyond termination.

17. General

a. We reserve the right to modify this Agreement at any time at our sole discretion. We will notify the Customer of any such change by an announcement on this page, or by sending Customer an email. By continuing to use or access our Platform or Services, Customer agrees to be bound by all such changes.b. Certain additional services provided may be subject to additional terms and conditions.c. This Agreement shall be governed by the laws of England and Wales without regard to any conflict of law principles and the competent Courts of London have exclusive jurisdiction to decide any dispute hereunder.d. Except for the payment obligations of the Customer, neither party shall be considered in default in the performance under this Agreement to the extent the performance is prevented or delayed by a force majeure event such as fire, flood, strike, lockdown, epidemic, war, or an act of God or an act of third party including any subcontractors of us.e. The Customer shall not assign this Agreement without the consent of Generational.f. Both parties shall comply with all applicable laws including any export laws concerning the provision and use of the Services.g. This Agreement shall not be construed to give any third party any interest or rights (including, without limitation, any third-party beneficiary rights) concerning any provision hereunder.h. Generational is an independent contractor, and each party agrees that no partnership, joint venture, employment, or agency relationship exists herein.i. All communications under this Agreement shall be in writing and will be delivered by email or at the postal address of each party.j. If any provision of this Agreement shall be found invalid or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.k. All provisions regarding intellectual property, and other disclaimers, and limitation of liability or any provision which by their nature should survive shall survive the termination of this Agreement.l. This Agreement constitutes the entire understanding of the parties concerning its subject matter and supersedes all prior and contemporaneous agreements or understandings, express or implied, written, or oral, between the parties.m. The rights and remedies of either party shall be cumulative and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other right or remedy.n. The rights and remedies of each party may be waived only by a specific written waiver. Delay in exercising or non-exercise of any right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.o. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

Our contact details

Name: Generational Technologies Ltd.
Address: 7 Bell Yard, London, WC2A 2JR, United Kingdom
E-mail: info@generational.ac

Last updated: February 2024