Terms and Conditions for Business Customers
Version 1.1 · in force since September 8, 2026
This is a translation. In case of discrepancy, the German version governs, because the contract is concluded under Austrian law and in German.
§ 1 Provider and scope
(1) The provider of the services described in these terms is AS4 Holding GmbH, Reklewskigasse 19A/2, 1230 Wien, registered in the commercial register under FN 670126f at the Handelsgericht Wien, VAT ID ATU82919512 (the “Provider”). The details in the imprint govern and are kept current.
(2) These terms apply to all paid services provided to businesses within the meaning of § 1 KSchG and to public-law entities. Consumers are covered by the separately published consumer information; where the two conflict, the consumer information prevails.
(3) The public map, the operator profiles and the methodology pages are free of charge and do not establish a contract. Their use is governed by § 8.
(4) Deviating terms of the customer apply only where the Provider has agreed to them in writing. Performing a service without objection is not agreement.
§ 2 Subject matter
(1) The Provider supplies analyses of the reliability of public charging infrastructure. The data basis consists of the data disclosed under Art. 20 of Regulation (EU) 2023/1804 (AFIR) by the national access points, data voluntarily supplied by operators, and moderated public reports.
(2) The scope follows from the chosen plan and the plan data in force at the time of conclusion (included volumes, dimensions, caps). These are visible in the customer portal.
(3) All published figures are statistical estimates. They are stated with a confidence interval, a reliability and an expiry date (“valid until”). A figure without a sufficient data basis is marked “not assessable” and is not shown as a number. The Provider owes the methodically correct, traceable and reproducible determination of these estimates — not their agreement with the actual state of an individual installation at a given moment.
(4) The early-warning list of “silent failures” reports suspected cases with a probability. An entry is not an assertion of a defect. The customer may confirm or reject any entry; that feedback calibrates the method.
(5) The method applied is versioned and publicly documented. The Provider may develop it further. A change that materially shifts published figures is disclosed with a version number, a validation report and a date in the transparency changelog; figures already published remain reproducible with their method version.
§ 3 Conclusion, trial period
(1) The presentation of plans is not an offer. The contract is concluded when the customer subscribes to a plan in the portal and the Provider confirms it or enables access.
(2) Conclusion requires acceptance of these terms in the version then in force. The version and the time of acceptance are recorded and visible to the customer in the portal.
(3) Where a plan includes a trial period, it is free of charge and ends automatically. If no notice is given before it ends, it converts into the paid plan. At most one trial period is granted per customer.
§ 4 Prices, taxes, billing
(1) All prices are net, plus statutory value added tax.
(2) For services to businesses in other EU member states, liability for the tax passes to the recipient (reverse charge), provided a valid VAT ID is held. The customer must record their VAT ID in the portal and keep it current. The customer is liable for tax disadvantages arising from incorrect or outdated details.
(3) Billing is periodic according to the chosen interval. Usage-based components (among others API calls, reports, alerts, seats) are billed on the counters visible in real time in the portal. Usage beyond the included volume is billed at the applicable overage price.
(4) Invoices are provided electronically. The customer consents to electronic invoicing.
(5) Objections to an invoice must be raised within 30 days of receipt. Thereafter the invoice is deemed accepted; the customer's statutory rights remain unaffected.
(6) Price changes are notified in text form at least eight weeks before they take effect and apply from the next billing period. The customer may terminate with effect from the date the change takes effect; the notice will say so.
§ 5 Payment, default
(1) Invoices are payable in full within the payment term stated on the invoice.
(2) In case of default, statutory default interest applies. Dunning levels, deadlines and fees are shown in the portal; fees are charged only in the amount actually incurred and reasonable.
(3) The Provider may suspend access if a due claim remains open despite a reminder and a reasonable grace period. Suspension does not affect the obligation to pay. Access is restored without delay upon receipt of payment.
(4) Set-off is permitted only against undisputed or legally established claims.
§ 6 Term and termination
(1) The contract runs for an indefinite period unless agreed otherwise.
(2) Either party may terminate with effect from the end of the current billing period.
(3) Termination is possible in the customer portal with a single button — no phone call, no reason, no form. The Provider offers this route to all customers, regardless of whether § 312k of the German Civil Code would apply in the individual case.
(4) The right to terminate for cause remains unaffected. For the Provider, cause exists in particular in a material breach of § 7 or § 8.
(5) After the contract ends, the customer's data remains available for 30 days and is then deleted in accordance with the published deletion policy. Statutory retention obligations remain unaffected, in particular the seven-year period under § 132 BAO for invoices.
§ 7 Credentials, interfaces, quotas
(1) The customer keeps credentials, API keys and webhook secrets safe and does not pass them to third parties. Any suspicion of disclosure must be reported without delay; the Provider may suspend affected keys immediately.
(2) Use of the interfaces is subject to the quotas and rate limits stated per plan. The Provider may throttle or reject requests that exceed those limits or endanger operations.
(3) Prohibited in particular: circumventing quotas, automated collection beyond the contractually provided interfaces, and passing access to third parties not attributable to the customer.
§ 8 Rights in data and analyses
(1) For the term of the contract the customer receives a simple, non-transferable right to use the analyses obtained within its own undertaking, including in internal reports and in documents provided to its own contractual partners.
(2) Systematic redistribution, resale, and building a competing directory from the data obtained are not permitted. The Provider's database is protected under § 76c of the Austrian Copyright Act; extraction of substantial parts is reserved.
(3) The underlying open data is subject to the licences of its sources. The customer carries over the attribution stated per record on any further distribution. This obligation exists independently of this contract.
(4) Quoting individual figures in press and marketing material is permitted if the confidence interval, the data date and the expiry date are quoted with them. A figure must not be quoted without its interval and its expiry date; it would be a different statement from the one made.
(5) The “Ladeindex-geprüft” seal is not part of this contract. Its use is governed by the separately published seal terms and ends as soon as the criteria are no longer met.
§ 9 Publications and right of reply
(1) The Provider publishes analyses and rankings, including about undertakings that are not customers. A contract confers no claim to inclusion or exclusion, to a particular assessment, or to its omission.
(2) Before any publication naming an operator, that operator is informed in advance and given the opportunity to comment within the published period. The comment is reproduced verbatim on request.
(3) If a published statement proves incorrect, it is corrected and the correction is disclosed with its date.
(4) Payment has no influence on assessment, ranking or visibility. This sentence is meant as an assurance, not as advertising.
§ 10 Availability and support
(1) The Provider operates the services with the care of a prudent business and measures their availability continuously; the measurements are public on the status page.
(2) A specific availability is promised only where the separately published service level agreement has been expressly agreed in the order. Without it, no availability is assured.
(3) Maintenance windows are announced in advance on the status page.
(4) The Provider has no influence over the availability, completeness and correctness of the data of the national access points and the operators. If a source fails, the affected periods are shown as missing data basis and are not estimated. Such a failure is not a defect in the Provider's service.
§ 11 Data protection
(1) Where the Provider processes personal data on behalf of the customer, the separately published data processing agreement under Art. 28 GDPR applies. It prevails over these terms within the scope of its subject matter.
(2) Infrastructure data is processed under the Provider's own responsibility; it contains no personal data.
(3) Processing takes place within the European Union. Where processors outside the EU are used, this is disclosed in the record of processing activities and safeguarded under Chapter V GDPR.
§ 12 Warranty and liability
(1) The Provider warrants the provision of the services in accordance with the contract. § 2(3) and § 10(4) remain unaffected.
(2) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.
(3) In case of slight negligence the Provider is liable only for breach of material contractual obligations, limited in amount to the damage typically foreseeable for such a contract, and at most to the net fees paid by the customer in the twelve months before the event causing the damage.
(4) Liability for lost profit, indirect damage and consequential damage is excluded in case of slight negligence.
(5) The Provider is not liable for decisions the customer takes on the basis of the analyses — in particular decisions on sites, investments and procurement. The analyses are estimates with stated uncertainty and do not replace the customer's own assessment.
(6) The above limitations also apply to the liability of the Provider's agents and legal representatives.
§ 13 Confidentiality
Each party keeps the other's confidential information confidential and uses it only to perform the contract. The obligation survives the end of the contract by three years. The Provider may name the customer as a reference only with the customer's prior consent.
§ 14 Changes to these terms
(1) The Provider may change these terms where a change in the law, in supreme court case law or in the scope of services requires it and the balance of the contract is not shifted to the customer's detriment.
(2) Changes are notified in text form at least six weeks before they take effect.
(3) Acceptance by silence is excluded. Material changes are presented to the customer in text form for express acceptance. If the customer does not accept, the contract continues on the previous terms until the end of the current billing period and then ends; the notice will say so.
§ 15 Final provisions
(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
(2) The exclusive place of jurisdiction for all disputes arising from this contract is the competent court at the Provider's registered office.
(3) Amendments require text form. This also applies to waiving this form requirement.
(4) The customer may transfer rights under this contract only with the Provider's prior consent.
(5) If a provision is invalid, the remainder of the contract remains effective. The statutory rule takes the place of the invalid provision.
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