1. Scope
These General Terms and Conditions (GTC) govern the use of the ePOINT Customer App ('App') between
ePOINT GmbH, Ludwigstraße 8, 80539 Munich, HRB 305741 ('ePOINT', 'we') and the registered user
('Customer', 'you'). By registering in the app and using its functions, you accept these terms and conditions.
2. Purpose of the App
The ePOINT app allows you to collect so-called Energy Kick Backs (similar to cashback) through purchases at participating local retailers and online shops. Energy Kick Backs are displayed in the app as Energy Points (eP). 1€ cashback equals 100 eP. Example: 5 € cashback = 500 eP. Your collected Energy Points can be used to reduce your energy costs or redeemed directly in the app once you reach a minimum value of 5 €.
3. Participation & Registration
Using the app is free of charge. There are no monthly fees. You must be at least 18 years old and create a customer account. Each person may only have one account. Transferring your account to another person is not permitted.
4. Energy Point Status
You can view the current status of your Energy Points in the app at any time. The Energy Points are displayed in four color statuses: - Black – Pending: Energy Points are pending and not yet confirmed. - Yellow – Confirmed: Energy Points are confirmed, but payment has not yet been received. - Green – Released: Energy Points are fully released and can be used immediately. - Red – Canceled: The purchase was canceled within the allowed time, and the Energy Points expire.
5. Redeeming and Using Energy Points
You can redeem your Energy Points at any time to reduce your energy costs. Redemption is possible once your balance reaches at least 5 €. For transactions below 5 €, a fee of 1 € applies. Energy Points have no cash value outside the app and cannot be paid out in cash, except in the case of account termination (see section 9).
6. Responsibility of Retailers
ePOINT acts as a platform where retailers and customers connect. The payout of your Energy Points depends on the retailer transferring the funds to ePOINT. If a retailer repeatedly fails to make payments on time despite reminders, ePOINT reserves the right to remove them from the system. ePOINT assumes no liability if retailers fail to meet their payment obligations.
7. Contact Regarding Energy Saving Options
If you actively consent in the app to be informed about energy-saving opportunities, an authorized energy consultant from a partner company, such as BestPrime GmbH or another energy service provider, may contact you by phone or email. Important: There is no obligation to sign any contract or purchase an energy product. The app can be used fully even without consultation or an energy product purchase.
8. Fees & Inactivity
The app is generally free of charge. If you do not collect any additional Energy Points for 365 days after your first transaction, an annual account maintenance fee of 2.50 € will apply. This fee is only charged if your account balance is at least 2.50 €.
9. Termination
You can terminate your account at any time without notice. A simple email to our support team is sufficient for termination. Important: Please use the same email address you used to register in the app so that we can identify your account. Upon termination, your entire remaining balance of Energy Points will be fully paid out to you, provided they have already been released (green status). After termination, your personal data will be deleted in accordance with legal requirements.
10. Data Protection
Your personal data will be treated strictly confidentially. We do not sell data to third parties. Data processing complies with the GDPR. Your data will be deleted after the legally required retention periods have expired.
11. Security and Account Suspension
ePOINT reserves the right to temporarily suspend accounts if misuse or fraudulent activity is suspected. This is to protect all customers and retailers.
12. Changes to the GTC
We reserve the right to amend these GTC if necessary, for example, due to changes in legal regulations. You will be informed about changes in advance via the app. Continued use of the app after the changes take effect constitutes your acceptance of the updated GTC.
13. Governing Law & Jurisdiction
German law applies to customers in Germany and Austrian law applies to customers in Austria. The place of jurisdiction is Munich, as far as legally permissible.
14. Contact
ePOINT GmbH Ludwigstraße 8 80539 Munich HRB 305741 Phone: +49 (0) 89 206 021 888 Email: support@e-point.app
15. Final Provisions
If any provision of these GTC is found to be invalid, the remaining provisions shall remain in effect. The invalid provision will be replaced by a legally permissible regulation that comes closest to the original purpose.
These Terms and Conditions govern the contractual relationship between ePOINT GmbH and all registeredmerchants who use the ePOINT Merchant App. ePOINT GmbH provides a platform that enables merchants tooffer Energy Kick Backs (cashback) to attract new customers and foster long-term customer loyalty.
§ 1 Definitions
For the purposes of these T&C;, the term “Merchant” or “ePOINT Partner” refers to any self-employed individual or
business entity, regardless of legal form or size, that uses the ePOINT Merchant App to offer Energy Kick Backs
(cashback) to customers, promoting customer loyalty and new customer acquisition. This includes, but is not
limited to: - Retail stores and shop locations - Service businesses and practices - Clubs and associations -
Organizations and non-profit entities - Companies of all types and industries
§ 2 Registration and Merchant Account
Registration for the ePOINT Merchant App is exclusively reserved for commercial users. Each merchant receives
an individual account with access to a back-office dashboard, which provides the following functions: - Customer
overview - Commission overview - Payout options to the merchant's bank account The back-office fee is €99 net
per year and is charged by BestPrime GmbH as the responsible sales company. This fee is automatically waived
once the merchant achieves at least 10 transactions within 365 days.
§ 3 ePOINT Services and Sales Partners
ePOINT GmbH cooperates with external sales organizations such as BestPrime GmbH. These partners are
responsible for supporting merchants, including: - Training and onboarding of merchant staff - Assistance with app
implementation - Providing promotional materials
§ 4 Merchant Obligations
The merchant agrees to: - Set an Energy Kick Back of at least 1% and adjust it as needed. - Regularly top up their
Energy Point balance to ensure payouts to customers. - After three automated reminders without top-up, the
account may be temporarily suspended. Continued non-compliance may result in permanent removal and account
closure.
§ 5 Costs and Fees
The ePOINT Merchant App itself is free to use, provided the merchant achieves at least 10 transactions within 365
days. If this number of transactions is not reached, an annual fee of €5 will apply. This fee will be automatically
deducted from the merchant's existing balance or commission account. In addition, a yearly back-office fee of €99
net will be charged by BestPrime GmbH. This fee is automatically waived once the merchant completes at least
10 transactions within 365 days.
§ 6 Promotional Materials & Visibility
The merchant agrees to display the provided promotional materials clearly and prominently, including door
stickers, posters, and flyers. This ensures that community members can easily identify participating merchants both digitally and physically.
§ 7 Premium Merchant (Version 3.0)
Once a merchant reaches 100 registered customers, they will be automatically upgraded to Premium Merchant status. Premium Merchants gain access to enhanced features and benefits, including: - Direct promotion of deals, offers, and specials within the ePOINT App (Version 3.0) - Targeted digital marketing to reach people in their city, region, and visitors - Advanced marketing and analytics tools to improve customer engagement These premium features will be continuously expanded with future innovations.
§ 8 Distribution of Energy Kick Backs
The Energy Kick Back granted by the merchant is distributed according to a fixed structure, ensuring transparency and fairness for all parties involved. Distribution breakdown: - 80% ® goes directly to the customer and is clearly visible in the ePOINT customer app. - 10% ® goes to the customer builder, the respective ePOINT Partner, and the sales network. - 10% ® remains with ePOINT to fund customer incentives, "refer-a-friend" programs, further platform development, and company profit. Example: A merchant grants a 10% Energy Kick Back. A customer makes a purchase of €100 and logs it in the ePOINT App. The distribution will be as follows: - €8 (80%) ® directly credited to the customer and visible in their app. - €1 (10%) ® to the ePOINT Partner who acquired the customer and the sales network. - €1 (10%) ® remains with ePOINT for incentives, referral programs, and platform expansion.
§ 9 Contract Term and Termination
The contract begins upon the merchant's registration. The notice period for termination is four weeks to the end ofthe month. In the event of serious breaches, ePOINT may terminate the contract without notice. Upon termination, all outstanding balances and commissions will be fully paid out, and the merchant account will be permanently deleted.
§ 10 Data Protection
ePOINT GmbH processes all personal data in accordance with GDPR regulations. The merchant agrees to usecustomer data exclusively for app-related purposes and not to share this data with third parties.
§ 11 Final Provisions
The laws of the Federal Republic of Germany shall apply. The place of jurisdiction is Munich, Germany. If anyprovision of these T&C; is found to be invalid, the remaining provisions shall remain unaffected and in full force.
