Version 2025-07-31
1. General
(1) The Spelsberg Wallbox is a system for charging the batteries of electric vehicles and includes a charging station, also called Wallbox, as well as the free Spelsberg Wallbox Management Tool (referred to as "Tool"). The Tool is provided by Günther Spelsberg GmbH + Co. KG, Im Gewerbepark 1, D-58579 Schalksmühle (hereinafter referred to as "Spelsberg") for use by the end user and installer of the charging station (hereinafter referred to as "User").
(2) The services of this Tool allow the end user to display the charging processes and the installer to set important parameters for the safe operation of the charging station. The User is given the possibility via the Tool to log in encrypted to the Wallbox to manage authorization and to view data on duration and energy of charging processes.
(3) These terms of use apply to all services of Spelsberg in connection with the use of the Tool towards end users and installers.
(4) Use of the Tool requires the User to agree to these terms of use. By downloading and/or installing this Tool, the User agrees to these terms of use and recognizes them as binding without restriction. At the latest with the use of the services of this Tool, the User agrees to these terms of use. Only these terms of use apply.
2. Registration, Provision, Availability
(1) Spelsberg provides the Tool for free download on the homepage. Delays in providing the software are outside Spelsberg's area of responsibility and therefore do not entitle the User to claims against Spelsberg nor a right to terminate the contract.
(2) Registration for the use of the Tool's services is not required. To use the services of this Tool, the User must log in with a QR code provided by Spelsberg.
(3) For full use of all offered services, internet access may be required. Provision of internet access is not subject of the contract. Spelsberg neither owes access to the internet nor the provision of a browser. (4) Spelsberg guarantees an availability of its services of 98% on an annual average.
(4) Spelsberg guarantees an availability of its services of 98% on an annual average. Due to server maintenance and maintenance of the services of the Spelsberg Wallbox system, 100% availability cannot be guaranteed.
(5) Spelsberg will not store this contract text after the usage agreement has been concluded. The contract text will no longer be accessible to the user and should therefore be saved by the user beforehand.
3. Usage rights, ownership rights
(1) Spelsberg grants the user a simple, non-exclusive, non-transferable and non-sublicensable right to use the tool in the currently latest version in the form of the object code for installation and use on an unlimited number of end devices.
(2) The user does not acquire any rights beyond this, in particular the user is not entitled to. the system or reproduce, distribute, make publicly accessible, alter, edit or create derivative versions in components or software parts of the functions of the tool and the charging station. The granting of sublicenses is not permitted, and the user has no claim to the delivery of source and/or source codes.
(3) Spelsberg is the holder of all ownership rights, including copyrights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and technical solutions related to and in connection with the services of this tool.
4. Protective measures, adjustments, updates
(1) Spelsberg is entitled to take appropriate technical measures at any time and without prior notice to protect against improper use of the tool.
(2) Spelsberg may change the tool (including its system requirements) at any time and without prior notice to adapt to technical or economic market changes and for good cause. A good cause in particular exists if the change is necessary due to an adjustment to a new legal situation or case law, changed technical conditions (new browser versions or technical standards), protection of system security or the further development of the system (for clarification: within the scope of these terms of use, Spelsberg, however, is not obligated to further develop the system).
5. Usage fee and duration of use
The use of the Spelsberg Wallbox Tool is free of charge.
6. Support
Spelsberg provides users with free online support to assist with the use of the tool. The support does not include: general know-how transfer, training, configuration and implementation or customer-specific documentation or adaptation of the system. Support is provided via a contact form on the online support page of the Spelsberg homepage.
7. Changes to these terms of use
Spelsberg may adjust these terms of use due to changes in legislation, jurisprudence, market conditions, or upon introduction or changes to products and services. Changes are deemed accepted upon acceptance or renewed use of the affected services, unless the user objects to the changed terms in writing within four weeks of notification. Spelsberg will separately inform the user of this legal consequence when notifying a change. If the user objects to the change of these terms of use, Spelsberg reserves the right to revoke the user's right to use the tool.
8. Warranty
(1) Spelsberg guarantees that the tool corresponds to the contractual condition at the time of provision and that no third party rights oppose its use by the user to the contractually agreed extent in the country of the first acquisition of the tool. After one year from the time of provision of the tool, this only applies if the user proves that the tool was not in contractual condition at the time of provision.
(2) Spelsberg informs on its website, reachable under www.spelsberg.de/loesungen/elektromobilitaet/wallbox/, about updates of the tool and makes them available for download there. The user is free to download and install each update. If the user does not install the updates provided by Spelsberg, Spelsberg is not liable for deviations from the contractual state of the tool that are due to the absence of the corresponding update.
9. Liability
(1) Spelsberg is fully liable for
(2) Spelsberg is liable for damages arising from the breach of cardinal obligations by Spelsberg, Spelsberg’s legal representatives, or vicarious agents. Cardinal obligations are those whose fulfillment makes the proper execution of the usage agreement possible and on whose compliance the user regularly relies and may rely on. If the breach of cardinal obligations is due to slight negligence by Spelsberg, Spelsberg’s legal representatives, or vicarious agents, Spelsberg’s liability is limited to the amount predictable for Spelsberg at the time of providing the respective service.
(3) Subject to subsections 8.(1) and 8.(2), Spelsberg is not liable for damages resulting from breaches of duties that are not cardinal obligations and which were caused by slight negligence by Spelsberg, Spelsberg’s legal representatives, or vicarious agents. Any liability of Spelsberg beyond the cases regulated in this clause is excluded.
10. Place of performance, jurisdiction, applicable law, severability clause
(1) All agreements that include changes, additions or specifications to these terms of use, as well as special assurances, guarantees and agreements, must be made in writing. If they are declared by representatives or assistants of Spelsberg, they are only binding if Spelsberg has given its written consent.
(2) Should individual provisions of these terms of use be invalid or become invalid, the validity of the remaining terms of use shall not be affected. The parties will replace the invalid provision with a valid provision that comes as close as possible in content and economic effect to the invalid provision. In the event of regulatory gaps, the parties will agree on a regulation that they would have agreed on if they had considered the respective point when concluding the terms of use.
(3) The user may only offset or assert a right of retention with claims other than his contractual counterclaims from the respective affected legal transaction if this claim is undisputed by Spelsberg or has been legally established.
(4) The law of the Federal Republic of Germany applies excluding the UN Sales Convention. If the usage agreement was concluded as a consumer contract and the user had his habitual residence in another country at that time, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(5) If the user had his residence or habitual residence in Germany when concluding this usage agreement and has either moved it from Germany at the time of filing a lawsuit by Spelsberg or his residence or habitual residence is unknown at that time, the place of jurisdiction for all disputes is the seat of our company in Schalksmühle.
(6) The European Commission provides a platform for online dispute resolution (ODR) at ec.europa.eu/consumers/odr/. Spelsberg is neither obliged nor willing to participate in a dispute resolution procedure under the Consumer Dispute Resolution Act (VSBG).