The Terms and Conditions of Use of the Elvan Energy Platform

I. OWNER AND OPERATOR OF THE “ELVAN ENERGY MANAGEMENT” PLATFORM

Elvan Factor Services S.R.L. is a limited liability company, with its registered office at 17 C.A. Rosetti Street, 2nd floor, office BIR 201, District 2, Bucharest, Romania, registered with the Trade Register under no. J2024012837407, having VAT Identification Number RO34794186, hereinafter referred to as “Elvan” or the “Operator”.

Elvan provides its customers, legal entities, with the Elvan Energy Management Platform, in both desktop and mobile versions, for the purpose of enabling the customer to manage certain benefit cards made available to the customer pursuant to the commercial agreement concluded between the parties.

These Terms and Conditions govern the conditions for accessing and using the Platform made available to Elvan’s customers, through which they, by means of persons designated for this purpose, may manage the cards issued pursuant to the agreement between the parties, the associated vehicles, transactions carried out, as well as the contracted services available through these cards.

II. DEFINITIONS

For the purposes of this document, the following definitions shall apply to the terms used herein:

Platform – means both the web platform and the mobile application made available by the Operator, through which Clients may manage their contracted services, including Cards, Users, Vehicles, transactions, usage limits, fleet-related costs, as well as the other functionalities available pursuant to the Contract and these Terms and Conditions.
Client – the legal entity that has entered into a Contract with the Operator and uses the Platform to manage the contracted services relating to its own vehicle fleet.
Account Administrator – the individual designated by the Client to create and manage the Administrator Account on the Platform, configure and manage User Accounts, Cards, Vehicles and other functionalities available on the Platform, as well as perform all operations permitted on behalf of and for the account of the Client. The Account Administrator warrants that they have the necessary authority from the Client to perform all operations carried out on the Platform.
User – the individual designated by the Account Administrator, to whom a Card is assigned and for whom a User Account is created on the Platform. The Operator does not verify and assumes no responsibility regarding the existence or nature of the legal relationship between the User and the Client.
Account – the secure digital space created on the Platform for accessing the available functionalities, which may be an Administrator Account or a User Account.
Administrator Account – the Account created for the Account Administrator, which enables the management of contracted services, configuration and management of Cards, management of Users and Vehicles, setting of Card usage limits, viewing of fleet information and access to the other functionalities available according to the rights granted.
User Account – the Account created exclusively by an Account Administrator for a User designated by them, which allows limited access to information relating to the Card assigned to that User and to the functionalities made available by the Operator, without the possibility of modifying the Platform configurations or information relating to other Users or Cards.
Card – the instrument issued and provided in physical format pursuant to the Contract between the Operator and the Client, through which the services available within the Acceptance Network may be accessed.
Services – all services accessible to the Client through the Platform and Cards, depending on the configuration of the Contract, including, without limitation: management of fuel cards; purchase of fuels, lubricants, accessories and automotive parts; automotive servicing; payment of road, motorway, bridge and tunnel tolls; payment of ferry services; payment of roadside assistance services; and other services available within the Acceptance Network.
Vehicle – the motor vehicle owned or used by the Client, whose identification data may be entered and managed on the Platform by the Account Administrator, including for the purpose of monitoring costs and managing the validity periods applicable to associated documents and services.
Acceptance Network – the network of fuel stations, service providers and other affiliated acceptance points of the Operator or its partners, where Cards may be used and Services may be accessed.
Transaction – any operation recorded through the use of a Card or through the Platform, consisting of the purchase of fuel, payment for a service, a road toll or any other Service available within the Acceptance Network.
Commercial Contract / Contract – the individual agreement concluded between the Operator and the Client, which defines the contracted services, financial terms, credit limits, conditions for issuing Cards and any other specific conditions. These T&C form an integral part of the Commercial Contract.
Authentication Data – username and password used to access the Account on the Platform.
Dashboard – a section providing an overview of fleet activity, with quick access to information regarding active Cards, refuelling transactions and recent Transactions.
Journey Log – an electronic document generated or completed on the Platform, recording the route travelled by a Client’s motor vehicle, in accordance with the applicable legal requirements.

III. GENERAL PROVISIONS

These Terms and Conditions govern the conditions for accessing and using the Platform by Account Administrators and Users who access the Platform through an Account created by the Client, within the commercial relationship established by the Commercial Contract concluded between the Client and the Operator. These Terms and Conditions form an integral part of the Commercial Contract and apply to any use of the Platform, regardless of the method of access (web browser or mobile application).

The Platform is intended exclusively for legal-entity customers acting for professional and commercial purposes. Nothing in these Terms and Conditions grants rights or protections specific to consumers within the meaning of consumer protection legislation.

By accessing and using the Platform, each person using the Platform confirms that they have read and understood the provisions of these Terms and Conditions and accept them in their entirety.

The Account Administrator confirms that:

they act on behalf of and for the account of the Client and will not exceed the limits of the mandate or authorization granted;
they have the necessary authority to create, modify and manage User Accounts;
they provide accurate, complete and up-to-date information;
they do not use the Platform for unlawful purposes, etc.

The User confirms that:

they use the Platform exclusively within the limits of the rights granted by the Account Administrator;
they use exclusively the Account assigned to them;
they do not attempt to access information relating to other Users or Cards;
they do not use the Platform for unlawful, immoral or illegal purposes, etc.

Account Administrators and Users are required to read and comply with these Terms and Conditions, as well as any other policies applicable to the use of the Platform communicated by the Operator.

The Operator reserves the right to amend these Terms and Conditions at any time, as well as any other policies applicable to the use of the Platform, insofar as this is necessary as a result of legislative changes, the development of the Platform, the introduction of new functionalities or for other justified reasons. The Operator will notify the Client and/or the Account Administrators and Users of any amendments to these Terms and Conditions through the Platform and/or by other means of communication used in the contractual relationship. Continued use of the Platform after the amendments enter into force constitutes acceptance thereof.

The amended version of the Terms and Conditions shall apply to any use of the Platform as of the date on which the updated version enters into force. Each person using the Platform is required, prior to using any functionality, to carefully review the Terms and Conditions, as well as any other relevant policies, in order to become aware of the conditions applicable at that time.

The Operator reserves the right to suspend or restrict access to the Platform, in whole or in part, including access to certain Administrator Accounts or User Accounts, whenever this is necessary for technical or security reasons, to prevent unauthorized use, or in other justified circumstances.

The Operator shall not be held liable towards the Account Administrator and/or third parties for the lack of functionality or improper functioning of the Platform. To the extent that contractual liability clauses exist, they shall apply in accordance with any specific provision included in these Terms and Conditions or in other contractual documents officially communicated by Elvan.

The Client and the Account Administrator are fully responsible for designating Users, granting and revoking access rights, as well as updating the information relating to them. The Operator does not verify the existence or nature of the legal relationship between the Client and Users and shall not be liable for the designation of persons to whom the Client grants access to the Platform.

IV. ACCESS TO THE PLATFORM. CREATION AND MANAGEMENT OF THE ACCOUNT

Access to the Platform is conditional upon the existence of a valid Commercial Contract concluded between the Operator and the Client. The Platform is not accessible to the general public and may not be used outside the contractual relationship established with the Operator.

Following the conclusion of the Contract, the Operator provides the Client with access to the Platform by creating the initial Administrator Account, respectively through the use of authentication credentials (username and password). After the Administrator Account has been created, the Account Administrator may create one or more User Accounts and, where applicable, may designate other Account Administrators, within the limits of the functionalities available on the Platform.

Each Account Administrator and each User is responsible for maintaining the confidentiality of the Authentication Data associated with their own Account and shall be responsible for all activities carried out through that Account until the Operator is notified of the compromise of the Authentication Data.

The Account Administrator has the right and responsibility to:

create, modify, suspend and delete User Accounts and, where applicable, designate other Account Administrators;
assign Cards to Users and modify such allocation;
configure and modify the usage limits applicable to their own Card and the Cards assigned to Users;
enter, modify and manage data relating to fleet Vehicles, including identification data and other information necessary for the Platform’s functionalities;
optionally enter information regarding costs associated with Vehicles (maintenance, consumables, insurance, taxes and other expenses), as well as the applicable validity periods;
use the Platform’s functionalities relating to automatic notifications regarding the expiry of documents or other events managed through the Platform;
notify the Operator without delay of any unauthorized use of Accounts or Cards.

Pursuant to the Commercial Contract between Elvan and the Client, the Client may designate one or more Account Administrators, without any numerical limit, according to its own internal organization. Each Account Administrator has a separate Administrator Account and their own Authentication Data. The Account Administrators designated by the Client may create, modify or revoke the access rights of other Account Administrators and Users, depending on the functionalities available on the Platform and the Client’s decisions.

V. USER ACCOUNT

User Accounts are created exclusively by an Account Administrator. In order to create a User Account, the Account Administrator enters the data requested by the Platform, such as the User’s first name, last name, email address and, where applicable, mobile phone number.

The Operator does not verify the identity of the User, the existence or nature of the legal relationship between the User and the Client, and assumes no responsibility for the designation of persons to whom the Client grants access to the Platform. Full responsibility for the creation, modification, suspension or deletion of User Accounts lies with the Client, through the designated Account Administrators.

The User may access exclusively the information relating to the Card assigned to them and the functionalities available for their account category, without the possibility of modifying Card limits, the Platform configuration or information relating to other Users or Cards, except where the Operator introduces additional functionalities.

VI. ACCOUNT AND AUTHENTICATION DATA SECURITY

Account Administrators and Users are responsible for maintaining the confidentiality of the Authentication Data associated with their own Accounts or sections of the Platform. Sharing Authentication Data with third parties or allowing unauthorized persons to use such data is prohibited.

Any operation performed through the Platform using the Authentication Data associated with an Account is presumed to have been carried out by the holder of that Account or by a person authorized by them, until proven otherwise and without prejudice to any mandatory applicable legal provisions. To the extent permitted by law and the Commercial Contract, operations performed through the Accounts of Account Administrators and Users shall bind the Client and give rise to the Client’s liability towards the Operator.

If an Account Administrator or User suspects that the Authentication Data has been compromised, that the Account or a Card has been used without authorization, or that any other security incident has occurred, they are required to:

notify the Operator without delay through the contact channels indicated on the Platform or in the Commercial Contract;
take reasonable measures to limit the consequences of the incident, including changing the password and, where applicable, requesting that the Card be blocked;
inform, where applicable, the Account Administrator and the Client of the incident.

VII. PLATFORM SECTIONS AND AVAILABLE FUNCTIONALITIES

The main sections and their corresponding functionalities are:

Dashboard–section providing an overview of the vehicle fleet’s activity. Through the Dashboard, the Account Administrator can quickly access information regarding active Cards, recent refuelling transactions, ongoing Transactions and other indicators relevant to managing the Client’s mobility.
Transaction History – section dedicated to viewing and exporting all Transactions carried out using the Cards issued under the Client’s Account.
Invoices – section through which the Account Administrator can access invoices issued by the Operator, view their status (issued, paid, due or overdue) and download the corresponding fiscal documents.
Card Management – section dedicated to managing the Cards associated with the Client’s Account. The Account Administrator may create new Cards, modify usage limits (per transaction, per day or per month), activate, deactivate or block Cards, and request their renewal or replacement.
Contacts – section where the Account Administrator can define Users by entering their first name, last name, email address and/or mobile phone number. These Users are defined by the Account Administrator within the company account and may receive a username and, using a password, may use the Elvan Platform with limited rights (visibility of data directly related to the Card assigned by the Account Administrator to the User). Full responsibility for the nature of the association between the Users and the company within which they are configured lies with the Account Administrator.
Contract – section where Account Administrators will find the contract signed by them with Elvan, as well as its annexes, which govern the legal relationship between the parties (Elvan and the Client).
Reports – section dedicated to generating customized reports regarding fuel consumption, Card usage, expenses by service category and other configurable parameters available on the Platform.
Route and Journey Log – section through which the Account Administrator can add and manage routes travelled by vehicles in the fleet, as well as the corresponding Journey Logs, in accordance with applicable legal requirements.
Vehicles – section where the Account Administrator can add information regarding vehicle data, related documentation, as well as the costs of various activities (e.g. road tax, maintenance, comprehensive insurance, etc.).

VIII. OBLIGATIONS OF ACCOUNT ADMINISTRATORS AND USERS

Account Administrators and Users are granted exclusively a limited, non-exclusive, non-transferable, revocable and non-absolute right to use the Platform, within the limits of the rights associated with the type of Account held and exclusively for the duration of the contractual relationship between the Operator and the Client. Account Administrators use the Platform pursuant to the mandate or designation received from the Client, while Users use it pursuant to the Account created and the Card assigned by an Account Administrator. Account Administrators/Users acquire no other rights over the Platform, including, but not limited to, ownership rights, intellectual property rights or rights to use the Platform beyond the scope of the mandate/designation pursuant to which the Account Administrator is granted access to the Account.

The Platform and the content of the Platform, including, but not limited to, software, source and object code, technical structure and architecture, user interfaces, databases, workflows, documentation, names, trademarks, logos, training materials and any other constituent elements, are and shall remain the exclusive property of Elvan.

The Account Administrator has the following main obligations when using the Platform:

to use the Platform only after reading and accepting these Terms and Conditions, as well as any other relevant Elvan policies concerning the Platform that have been brought to the Account Administrator’s attention;
to use the Platform only on the basis and within the limits of a specific and express mandate/designation granted for this purpose by the Client with whom Elvan has entered into a Commercial Contract, and to refrain from any act of using the Platform that exceeds the scope of the mandate/designation as an Account Administrator within the Platform; for the avoidance of doubt, the Account Administrator shall cease using the Platform upon termination of the relationship between the Account Administrator and the Client with whom Elvan has entered into a Commercial Contract (e.g., employment relationship, contractual relationship, etc.);
to create, manage, modify and, where applicable, deactivate User Accounts only for persons designated by the Client and exclusively within the limits of the rights granted by the Client;
to enter and keep up to date the data relating to Users, Cards and Vehicles managed through the Platform, assuming responsibility for the accuracy and legality of the information provided to the Operator;
to ensure that access to the Platform is granted only to persons authorized by the Client and to promptly withdraw access from persons who are no longer authorized to use the Platform;
to ensure the security and confidentiality of the Authentication Data, as well as of any data to which they gain access within the Platform in their capacity as Account Administrator;
to ensure that the Platform is used in full compliance with any instructions provided by the Client with whom Elvan has entered into a Commercial Contract and who grants the Account Administrator the mandate/designates the Account Administrator, as well as with the instructions provided by Elvan, including, but not limited to, instructions contained in the Customer Manual, made available within the Platform, as well as any instructions communicated verbally or in writing by Elvan to the Account Administrator’s contact address;
not to use the Platform or Cards for fraudulent purposes, not to allow Cards to be used by unauthorized persons, and to immediately notify the Operator in the event of any suspicion of fraudulent or unauthorized use;
the Account Administrator shall use the Platform as it is provided and shall not attempt or undertake any action intended to modify and/or alter any of the functionalities provided, interface or code elements, in text, image or video format, or any other constituent or integral elements of the Platform, whether originally or through an external source (API licenses or other integration methods);

The User has the following main obligations when using the Platform:

to use the Platform exclusively through the Account assigned to them;
to use the Platform only within the limits of the rights granted by the Account Administrator;
to maintain the confidentiality of the Authentication Data;
not to attempt to modify Card limits, access rights or information relating to other Users or Cards;
to use the Platform only for the purposes for which access was granted;
to inform the Account Administrator and the Operator, without delay, of any unauthorized use of the Account or Card.

Any breach of an obligation incumbent upon the Account Administrator or User pursuant to these Terms and Conditions shall result in liability towards Elvan, and they shall indemnify Elvan for any resulting damages, independently of any liability incurred by the Account Administrator and User towards the Client with whom Elvan has entered into a Commercial Contract.

IX. ELVAN’S OBLIGATIONS

Elvan undertakes to:

provide the Client with access to the Platform by creating the initial Administrator Account and, subsequently, allow the Platform to be used by the Account Administrators and Users designated by the Client, in accordance with the Commercial Contract and these Terms and Conditions;
use the necessary efforts to ensure the continuous and secure operation of the Platform, except during scheduled maintenance periods or in other unforeseen circumstances;
notify the Account Administrator and User in advance of scheduled maintenance works that may affect the availability of the Platform, through such means as it deems appropriate, where possible;

The Account Administrator and User acknowledge and understand that Elvan may revoke, suspend or interrupt access to the Account in accordance with instructions received from the Client and the provisions of the Commercial Contract concluded between the parties. The Account Administrator and User shall have no right and may not assert any claim against Elvan for any action taken by Elvan with respect to the Account in accordance with its agreements with the Client.

Elvan uses reasonable efforts to ensure the availability, stability and security of the Platform, but does not guarantee that it will be available continuously, without errors or free from any vulnerabilities.

Elvan shall not be liable for: (i) damages resulting from the use of the Platform in breach of these Terms and Conditions, Elvan’s instructions or applicable law; (ii) damages resulting from the entry of incorrect, incomplete or outdated information by Account Administrators and/or Users; (iii) damages caused by the actions of the Account Administrator/User or the Client or any third party for whom Elvan is not liable pursuant to the Contract, these Terms and Conditions or the law; (iv) indirect damages, loss of profit, loss of business opportunities or reputational damage. Elvan’s liability, where incurred in accordance with the law and these Terms and Conditions, shall be limited to direct and foreseeable damages actually caused to the Client.

X. FINAL PROVISIONS

By accessing and using the Platform, the Account Administrator and User confirm that they have read, understood and fully accept these Terms and Conditions.

The Account Administrator and User declare and warrant that they use the Platform on behalf of and for the account of the Client and that they hold the necessary authorizations to exercise the rights and perform the obligations provided for by these Terms and Conditions.

The Account Administrator and User declare that, prior to using the Account, they have read and understood the provisions applicable to the processing of personal data by Elvan, in accordance with the Privacy Policy applicable to the Platform.