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Terms and Conditions Version 1 February 2022 <br />ChargePoint, Inc. <br />240 East Hacienda Avenue <br />Campbell CA 95008 USA. <br /> <br /> <br />1 <br />1. Definitions <br />1.1 In these terms and conditions the following definitions shall have the following meanings: <br />Agreement Any agreement viriciti concludes, including, but not limited to, the <br />license, granting user access rights in respect of saas, providing of <br />other services, of software, of units an/or of other goods. <br />Client The party to an agreement. <br />Error The reproduceable failure to meet.in a material way, the functional <br />specifications of the service which failure is made known to viriciti in <br />writing and, if the service is entirely or partly custom-designed, the <br />functional specifications explicitly agreed between the parties in writing. <br />Errors include “defects” as defined in a service level agreement agreed <br />upon between the parties, if any. <br />User The natural person that has access to the units and/or service <br />License The right to access and use the service granted by viriciti to client in an <br />agreement <br />Parties Viriciti and client <br />SLA: has the meaning attributed to it in clause 12.1; <br />Service The service or services provided or to be provided by viriciti to client, <br />including insofar as agreed upon between the parties possible <br />accompanying communication-, storage- and other services, excluding <br />the units <br />Terms and Conditions These terms and conditions <br />Unit The hardware unit to be provided by or on behalf of ViriCiti, including its <br />embedded software as well as any update and upgrade thereto <br />ViriCiti Means ChargePoint, Inc. a Delaware corporation and successor entity <br />to Viriciti LLC, using the trade name ViriCiti, or any affiliate of <br />ChargePoint, Inc. that declares these terms and conditions applicable . <br /> <br />APPLICABILITY <br />1.2 These Terms and Conditions shall apply to all offers made by ViriCiti and to all Agreements. <br />1.3 Acceptance of a deviation of these terms and conditions detrimental to ViriCiti only applies to the <br />transaction to which the deviation pertains. <br />1.4 Terms and conditions of the Client do not apply. To avoid misunderstanding, they also do not <br />apply if they are referred to or printed on any Client purchase order or other document issued in <br />respect of a ViriCiti quotation, or otherwise issued in connection with (the conclusion of) an <br />Agreement, unless and in as far as ViriCiti unambiguously and explicitly agrees to the applicability <br />of such terms and conditions or specific clauses contained therein in writing. To avoid <br />misunderstanding: the mere signing or confirming such a purchase order or other document