Terms of Service

These Terms of Service (these “Terms”) constitute a binding agreement between you, either an individual subscriber or customer (“you”, “your”, or “user”, or collectively, “Users”) and EV Power Exchange (USA) Corp. (“EVP”, “we”, “us”, or “our”). These Terms govern your access to and use of the EVP app, our websites, SMS, APIs, e-mail notifications, all versions of mobile applications published by EVP and all other interactive features, services, and communications provided by EVP, however accessed and/or used, that are operated, made available, and maintained by EVP (collectively, the “Services”) and all text, graphics, logos, photographs, images, sounds, audiovisual images, music and/or video, illustrations, the Submitted Content (as defined below) or other audible, visual or downloadable materials uploaded, downloaded or appearing on the Services including, the selection, organization, coordination, compilation and overall look and feel of the Services (collectively, the “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Limited License

Subject to your compliance with these Terms, EVP grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services solely to use the Services. The Services may only be used for the intended purpose for which the Services are being made available. Any unauthorized use automatically terminates the licenses we grant to you.

2. User Obligations

You represent that you are at the legal age of majority in your state or province and will, at all times, provide true, accurate, current, and complete information (for which you have all necessary rights, permission(s), or authority) when submitting information through the Services, including, without limitation, when you provide information via a registration or submission form. In addition, you access the Services on your own volition and are responsible for compliance with all applicable laws, rules, and regulations with respect to your use of the Services.

3. Account Registration and Security

You understand that you will need to register and create an account to access the Services. To facilitate registration, you must provide your name, telephone number and email address. Any personal information provided by you will be treated in accordance with our Privacy Policy.
By submitting the requested information to the registration form in the Services, you represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current.
If you become a registered User of the Services and create an account on the Services, you agree to be responsible and/or liable for (i) maintaining and updating such information to keep it accurate and complete, and (ii) maintaining the confidentiality of passwords or other account identifiers that you choose. If you provide any information that is inaccurate or incomplete, or EVP reasonably suspects that any information is inaccurate or incomplete, EVP may suspend or terminate your account and block your use of the Services.
You are entirely responsible for any and all activities that occur under your account. You will notify us of any (i) loss of your password or account identifiers, or (ii) unauthorized use of your account of which you become aware. We have the right to provide a User’s billing, account, or use records, and related information in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers, or business.
Without limiting anything in these Terms, EVP will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your noncompliance with this Section 3.

4. Intellectual Property Rights; Ownership

The Services and all of the Content displayed on the Services are the intellectual property of EVP, its licensors or its suppliers, as applicable. All elements of the Services and Content are protected by copyright, trade dress, patent, trademark and other laws and international conventions relating to intellectual property rights. All ownership rights to the Content and Services, including all trademarks, service marks and trade names, shall remain with EVP, its licensors or its suppliers, as applicable. Except as permitted by copyright law or as otherwise expressly authorized by EVP, you may not modify, copy, license, distribute, transmit, display, publicly perform, reproduce, publish, adapt, create derivative works from, transfer or sell any of the Content or Services. Except as authorized under copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services and Content. You will not remove any copyright, trademark, or other proprietary notices from materials found on the Services and Content. Moreover, you shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by EVP for use of the Services.
Except as expressly authorized by EVP, you will not use EVP’s name or imply EVP’s endorsement in any (i) advertising or presentation, or (ii) website, brochure, newsletter, book, or other written or digital material or works, without EVP’s prior written consent.

5. Feedback

Any feedback, recommendations, ideas, or suggestions that you provide regarding the Services, whether requested by EVP, including suggestions for new services or improvements or enhancements to the Services (collectively “Feedback”) will be considered the intellectual property of EVP and EVP will own all right, title, and interest in such Feedback. You hereby: (i) assign (and agree to assign) all intellectual property rights in the Feedback to EVP; and (ii) waive (and agree to waive) all moral rights in the Feedback in favor of EVP. You further agree to execute and deliver all any documentation required by EVP to evidence such assignments and waivers. EVP will have a right to use or incorporate (and you will have no intellectual property interest in) any Feedback into the Services or any other products, services, and/or branding of EVP.

6. Prohibited Conduct; Use of Services

Prohibited Conduct. You are prohibited from using the Services to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You are prohibited from posting or sending unsolicited advertisements, commercial electronic messages or “spam” to any User of the Services. In addition to any remedies that EVP may have at law or in equity, EVP may take any action we deem necessary to cure or prevent the violation, including without limitation, suspending or blocking your access to the Services or Content at any time without notice. We will, in our discretion, cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Prohibited Use of Services. You are prohibited from (i) downloading or copying third party account information; (ii) using the Services for data mining, robots, or similar data gathering and extraction tools; (iii) taking any action that imposes an unreasonably large load on our infrastructure; (iv) interfering with the proper working of the Services, Content or any activities on the Services; and (v) bypassing any security or other measures we may use to restrict access to the Services.

7. Purchases

The Services may contain the option for you to purchase a payment plan, membership plan, subscription, or other related products and services. The applicable fees (and any applicable discounts, if available), period of plan or subscription, renewal opportunities, and permitted payment methods (e.g., credit or debit) will be specified through the Services at the time of order. All purchases are final and there will be no refunds or credits except as otherwise provided in these Terms, indicated by EVP in writing, or as may be required under applicable law. All transactions are void where prohibited by law and EVP may request information in order to confirm the order and method of payment. EVP reserves the right to terminate or suspend access to the Services or any related plan, subscription, product, or service if you fail to pay any amounts when due. You shall reimburse EVP for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all obligations with respect to the amounts due to EVP under these Terms shall survive the expiration or termination of these Terms for any reason.

8. Mobile Usage

The Services offer various tools or display functionality that are available to you via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Services. In addition, downloading, installing, or using the Services may be prohibited or restricted by your mobile carrier, and not all functionality on the Services will work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Services; and how much such use will cost you. Nevertheless, your use of the Services shall be strictly in accordance with these terms.

9. Disclaimers

EVP DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOUR USE OF thE services is at your OWN risk. THE SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS MAKE NO WARRANTY AND DISCLAIM ALL responsibility AND LIABILITY FOR: (I) THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES; (II) any loss of data, damages to, or any viruses that may infect your computer, phone, or other property caused by or arising from your use of the SERVICES or access to the content; (IIi) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT MAINTAINED BY THE SERVICES; OR (IV) DAMAGE TO PROPERTY OR PERSON RESULTING FROM THE USE OF the SERVICES. NO ADVICE NOR INFORMATION OBTAINED FROM EVP OR THROUGH THE CONTENT OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. MOREOVER, EVP EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD PARTY PROVIDED MATERIALS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SERVICES AND YOU AGREE THAT evp SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVP, NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE HOSTING, DISPLAY, OFFERING OR TRANSMISSION OF THE SERVICES OR CONTENT, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR PURE ECONOMIC LOSS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOOD-WILL, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, THE CONTENT, OR THE MATERIALS AND INFORMATION CONTAINED IN THE SERVICES WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) OR OTHERWISE, EVEN IF FORESEEABLE, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOU ARE NOT ENTITLED TO A REFUND OR CREDIT AND YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN NO EVENT SHALL EVP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), strict liability, infringement of third party intellectual property rights or other third party claims AGAINST EVP OR OTHERWISE, EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR [(B) THE VALUE OF YOUR SUBSCRIPTIONS PURCHASED FROM THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.]

11. Third Party Links/Third Party Services

From time to time, the Services may contain links to content, services or websites that are not owned, operated, or controlled by EVP or its affiliates (collectively, “Third Party Links”) or the Services may advertise offerings from third party providers (collectively, “Third Party Services”). Third Party Links are provided solely as a convenience to you. The Third Party Links may have their own terms of use and privacy policy or no terms of use or privacy policy at all. Neither we nor any of our parents, subsidiaries, affiliates, officers, directors, employees, agents, or representatives are responsible for any content, materials, or other information located on or accessible through Third Party Links. Your correspondence or business dealings with third parties through any Third Party Links shall be solely between you and such third party. If you decide to access any Third Party Links from the Services, you do so entirely at your own risk. Similarly, EVP does not operate or control the Third Party Services. All agreements, rules, policies (including privacy policies), and operating procedures of third party providers will apply to you while on any third party sites. EVP provides no warranty with respect to Third Party Services.

12. Indemnity

You will defend, indemnify, and hold EVP and its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, representatives, partners, suppliers, service providers, licensors, successors and assigns harmless from any and all claims, demands, liabilities, losses, damages, costs, and expenses, including reasonable professional fees, related to or in connection with (i) your use of the Services; (ii) your material violation of any provision in these Terms; (iii) your violation of any third party right, including, without limitation, any right of privacy, publicity, or intellectual property; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of your Submitted Content or your participation in any community made available by EVP; or (vi) any other party’s access and use of the Services or your Submitted Content under your account.

13. Injunctive Relief

You acknowledge that any breach, threatened or actual, of these Terms, including, without limitation, with respect to unauthorized use of EVP proprietary rights or assets, will cause irreparable injury to EVP, such injury would not be quantifiable in monetary damages, and EVP would not have an adequate remedy at law. You therefore agree that EVP shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that EVP post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to EVP to enforce any provision of these Terms.

14. Term and Termination

Term. These terms will take effect (or re-take effect) at the moment you click “I AGREE” or begin downloading, accessing, or using the Services, whichever is earliest.
Termination by EVP. You agree that EVP may, in its sole discretion, for any reason or no reason, and without penalty, suspend or terminate your account or your use of the Services. You agree that any termination or suspension of your access to the Services or to your account may be done by EVP with or without notice, and you agree that EVP will not be liable to you for any such termination or suspension. You acknowledge that you will be liable for any orders placed or charges incurred through your account prior to termination.
Termination by You. You may terminate these Terms by discontinuing use of your account and your use of the Services at any time, for any reason or for no reason. You acknowledge that you will be liable for any orders placed or charges incurred through your account prior to termination.
Survival. Upon termination of these Terms, any provision which by its nature should survive will survive the termination of these Terms, including Section 3 (Account Registration and Security), Section 4 (Intellectual Property Rights; Ownership), Section 5 (Feedback), Section 7 (Purchases), Section 8 (Mobile Usage) Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Third Party Links), Section 12 (Indemnity), Section 14.4 (Survival), and Sections 15 through 26.

15. Force Majeure

Neither EVP nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest.

16. Privacy Policy

Data collection, use and disclosure by EVP, including data collection, use and disclosure of personal information is governed by EVP’s Privacy Policy which you can find at [Insert link to Privacy Policy], and which is hereby incorporated into and made a part of these Terms.

By installing, accessing, or using the Services, you agree to allow EVP to collect (on behalf of itself and its business partners and third party service providers) certain information regarding your use of the Services (including, without limitation, certain data regarding your mobile device (e.g., type of device, unique device ID, etc.), operating software, feature utilization, navigation, and personal information (e.g., name, email, etc.)). In particular, if you elect to use certain location-based features or services, EVP may collect your precise location. You authorize EVP to locate your device and to record, compile, and/or display your location. EVP may use and/or share location information with third parties for purposes of targeting advertising to your mobile device. By creating an account, you agree to receive communications from EVP including, but not limited to email, push notifications, and/or text messages. These communications may include charging session notifications and final receipts. These communications are part of your relationship with EVP and you receive them as part of your use of the Services. You therefore hereby agree that any such notices, agreements, disclosure or other communications that EVP sends to you electronically will satisfy any legal communication requirements. Furthermore, you understand and agree that installation of certain Services permits the downloading of updates and upgrades for the purpose(s) of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any update or upgrade that EVP provides. However, your refusal of an update or upgrade may impact performance of certain Services.

17. Choice of Law and Jurisdiction

These Terms and any claim relating to the use of the Services and the content contained herein are governed by the laws of the State of Nevada. You consent to the exclusive jurisdiction of the state and federal courts located in [insert city], Nevada. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

19. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

20. Assignment

These Terms and all rights and licenses granted hereunder, incorporated agreements and policies may not be transferred or assigned by you, but may be transferred or assigned by us in our sole discretion and without restriction.

21. Headings

Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

22. Entire Agreement

Unless otherwise expressly agreed upon by EVP in a separate written agreement entered into by EVP, these Terms and our Privacy Policy are the entire agreement between you and EVP regarding the Services, and these Terms supersede and replace any prior understandings or agreements (written or oral) between you and EVP regarding the Services. You acknowledge that additional terms (such as Apple’s Usage Rules) apply to your use of any mobile application, offered as part of the Services.

23. Amendments

We may revise these Terms from time to time, the most current version of which can be located at [____]. We will notify you by e-mail to the e-mail address associated with your account or through the Services of any changes to these Terms which we deem material in our sole discretion. Your continued use of the Services after the changes become effective will constitute your acceptance of the changes and your agreement to continue to be bound to these Terms. If you do not desire to be bound by any such changes to these Terms, then you must terminate these Terms with us as set forth in Section 14 above.

24. Export Controls

You represent and warrant that you are not (a) located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (b) listed on any U.S. or Canadian Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable sanctions and export control laws, (ii) you are solely responsible for ensuring that the Services are used, disclosed, and/or transported only in accordance with all applicable sanctions and export control laws, and (iii) you will not re-export or transfer any software used to promote the Services, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, North Korea, any other sanctioned country.

25. Additional Assistance and Disclosure

The Services are offered by EV Power Exchange (USA) Corp. [insert NV address]. If you do not understand these Terms or if you have any questions or comments regarding these Terms, we invite you to contact our Customer Service Department by e-mail at [insert email].

26. Copyright Notice

Effective: September 20, 2022