OEM & Private Label
Firmware, App and Backend Ownership in OEM Deals
Who owns the firmware, the app and the cloud in an OEM EV charger deal? Licence vs source, escrow, update rights, data and exit clauses for brand owners.
- Prepared by
- VULTAE Engineering Team
- Published
- Reading time
- 3 min
- Sources
- 2 references
Key takeaways
- 1In most OEM deals the factory owns the firmware and the brand owner gets a licence to use it on the products it buys. You rarely get the source code. What matters is the scope of the licence, who can update the firmware, and what happens if the factory stops supporting the product.
- 2The app and cloud are different from the firmware: you can brand the factory’s app, use a white-label platform, or connect the chargers to your own OCPP back end. Each choice decides who owns the customer data and the monthly cost.
- 3OCPP is the safety valve. If the charger speaks standard OCPP, you can change the back end without changing the hardware. Insist on it in the contract.
- 4Ask for four protections: an update and support period, escrow or a transfer path if the factory exits, ownership of your data and branding assets, and a right to move to another back end.

Contents
Short answer: in OEM deals the factory usually owns the firmware and licenses it to you. What you need is a clear licence scope, update and support period, a path if the factory stops, and ownership of your data and branding. Insist on standard OCPP so you can change the back end without changing the hardware. This is a practical guide, not legal advice; have a lawyer review the contract.
Three layers, three questions
| Layer | What it is | Who typically owns it | What you want |
|---|---|---|---|
| Firmware | Software inside the charger | Factory | Licence for all units bought; update rights; security patches |
| App | Mobile app for drivers or owners | Factory (white-label) or you (custom) | Your brand, your store accounts, data access |
| Back end / cloud | Platform that manages chargers and sessions | Factory, third party or you | OCPP freedom; data export; clear fees |
Firmware: licence, not ownership
You are buying hardware with embedded software. Typical terms:
- Licence scope: use on units you buy, in your brand, worldwide or by region.
- Updates: who can create and push new versions? Who signs them? See OTA updates.
- Customisation: feature changes done by the factory at agreed prices, with time and testing.
- Source code: usually not provided. Options: escrow, or a licence to the source for maintenance.
- Security: a named contact, patch timelines and a support period — see cybersecurity requirements.
App options
| Option | Pros | Cons |
|---|---|---|
| Branded factory app | Quick and low cost | Tied to the factory’s cloud; limited control |
| White-label platform (third-party CPMS and app) | Mature features; OCPP | Monthly fees; platform dependency |
| Custom app on your back end | Full control; your brand | Development cost and maintenance |
Own the developer accounts (Apple and Google store listings), the domain names and the branding assets. If the factory publishes the app under its account, getting it transferred later can be hard.
Back end and OCPP
If the charger supports OCPP 1.6J or 2.0.1 and the factory allows you to set the back-end address, you can connect to any compatible platform. This is the best protection against lock-in. Ask for:
- the list of back ends tested with the charger;
- the right to change the OCPP endpoint and security profile;
- documentation of supported messages and any custom extensions;
- no hidden functions that work only on the factory’s cloud.
See OCPP 1.6J vs 2.0.1 and charge point management software.
Data
| Question | Why it matters |
|---|---|
| Where is data stored, in which country? | Data-protection law and customer expectations |
| Who can access it, including the factory? | Confidentiality |
| Can you export sessions, users and meter values? | Billing and exit |
| How long is data kept? | Compliance |
| What happens at the end of the contract? | Continuity |
Contract checklist
- Firmware licence: scope, term, territory, affiliates.
- Update and security-patch period (years) and process.
- Change control for firmware that affects certificates — see certification after rebranding.
- Escrow or transfer path if the factory exits.
- Ownership of your brand assets, app store accounts and domains.
- Right to change back end; OCPP documentation.
- Data ownership, hosting location, export format.
- Service levels for the factory’s cloud, if used.
- Liability and warranty for software defects.
- Exit assistance: handover of data, docs and builds.
Red flags
- “The app only works with our cloud.”
- No written support period for firmware.
- Refusal to document OCPP behaviour.
- App listed in the factory’s developer account with no transfer clause.
- Monthly cloud fee per charger with no cap.
VULTAE approach
VULTAE chargers support OCPP 1.6J and 2.0.1 and can connect to the back end of your choice. For OEM projects, firmware features, app branding and back-end integration are agreed at the brief stage, and ownership and support terms are written into the contract — see the OEM / ODM page and what you can customise.
Questions buyers ask
- Who owns the firmware in an OEM deal?
- Usually the factory, which licenses it to you for the products you buy. You might negotiate rights to modify, or source-code escrow, but full ownership is unusual unless you pay for a custom development.
- Can I use my own app and cloud?
- If the charger supports OCPP, you can connect it to your own or a third-party back end and build your app on top of that. If the charger works only with the factory’s cloud, your options are limited to branding that app.
- What is source-code escrow?
- The source code is deposited with a neutral third party and released to you if the factory goes out of business or stops supporting the product. It only helps if the code can really be built and used by someone else.
- Who owns the customer data?
- It should be you, as the brand owner and operator. Check where data is stored, who can access it and whether you can export it. In some regions data-protection law applies.
References
- [1]Open Charge Point Protocol (OCPP). Open Charge Alliance.
- [2]Regulation (EU) 2024/2847 — Cyber Resilience Act. EUR-Lex.


