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Terms and Conditions
Epic Charging Terms and Conditions (USA)
Last updated December 2, 2024
1. DEFINED TERMS
"Epic Charging," "we," "us," or "our" refers to Epic Charging, inc and its subsidiaries and affiliates.
"Services" means the Epic Charging website, mobile application, and any services provided by Epic Charging.
"User," "you," or "your" refers to the individual or entity using our Services.
"Epic Rewards" are points that users can earn and redeem within our Services as part of our loyalty program.
"Charging Station" refers to any electric vehicle charging station accessible through the Epic Charging platform.
"Order Form" means an order form signed by both parties.
"Purchased Services" means Services that Customer purchases from Epic Charging under an Order Form or Online Purchase Portal.
"Free Trial Services" means Services that Epic Charging makes available to Customer free of charge.
2. ACCESS TO COMPANY SERVICES
2.1 Availability. Subject to your acceptance of and compliance with these Terms, including payment obligations, we will use commercially reasonable efforts to make available the Company Services. You acknowledge that your decision to use the Company Services is not reliant or dependent on the availability of any current or future functionality or features, or on any oral or written public or private comments or representations made by us. You may not use the Company Services if you are barred from doing so under the laws of the United States or other countries including the country in which you are resident or from which you use or access the Company Services. If you are using or accessing the Company Services on behalf of a company, you warrant that you have full power and authority to bind such company to these terms. Company Services are not intended for and should not be used by anyone under the age of eighteen (18). If you are below the age of eighteen (18), you are prohibited from using or accessing the Services.
2.2 Transfer of Ownership of Environmental Attributes. As partial consideration for your use of the Company Services, you hereby transfer and assign to the Company all right, title and interest in and to the Environmental Attributes. You further hereby represent and warrant that the Environmental Attributes are free and clear of any other claims or encumbrances of any kind whatsoever, and agree to provide the Company your best efforts with respect to any act reasonably necessary for the Company to perfect title in and to the Environmental Attributes.
2.3 Consent to Emails. You agree and consent to receive email messages from us, which may be transactional, for account management purposes, or for communications relating to or provided as part of the Company Services, including administrative notices and service announcements or changes.
2.4 Reservation of Rights. We retain all right, title and interest in and to the Company Services and our Content, and all associated intellectual property rights. We grant no licensed rights to our copyrights, trademarks, patents, or any other form of Company intellectual property. The user interface, user experience, icons, presentation layer and elements, reports, layouts, and screen displays of or generated by the Company Services are our copyrightable content, our trade dress and our trademarks and servicemarks. You will not use, reproduce, distribute, or deploy the Company Services, except for your own personal or business use, and solely in accordance with these Terms.
2.5 We do not grant any licensed rights to our copyrights, trademarks, patents, or other intellectual property. The user interface, user experience, icons, presentation layers, reports, layouts, and screen displays of or generated by the Company Services are our copyrighted content, trade dress, and trademarks.
3. USE OF THE COMPANY SERVICES
3.1 Necessary Systems. Your access to and ability to effectively use the Company Services is conditioned on your procurement of all necessary system, hardware, software, operating environment, Other Applications, connectivity, and network access. You acknowledge that use of the Company Services requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider, and may impact usage limitations imposed by Other Applications.
3.2 Feedback. You agree that we may freely use and exploit in perpetuity any feedback, requirements, recommendations, ideas, bug fixes, reviews, ratings, comments, suggestions, or improvements, that you, or any employee or agent thereof, may at any time disclose or submit to us relating to the Company Services for our business purposes, including for product, service or solution sales, support and development, without any obligation or payment to you.
3.3 Data Collection. You hereby consent to our collection and use of anonymized data (including meta-data, analytical, diagnostic and technical data, and usage statistics) concerning or arising from your use of the Company Services in order to provide the functionality of and improve the Company Services, for product development and marketing purposes, to protect against spam and malware, and for verifying compliance with the Terms.
3.4 Usage Restrictions. You will not use the Company Services or participate in any activities via the Company Services in a manner that is likely to be prohibited by law or these Terms or violative of third party rights in any applicable jurisdiction, including intellectual property rights. Your use of the Company Services must be in full compliance with applicable law. You are solely responsible for the accuracy, quality and legality of the Other Applications. You will not use, or enable or permit the use of the Company Services to store or transmit illegal, infringing, libelous, offensive or otherwise unlawful or tortious material or data or in violation of privacy rights, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You will not use or access the Company Services: (a) if you are a competitor of us or operating on behalf of such a competitor; or (b) for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.5 Notifications to You. For purposes of service messages and notices about the Company Services to you, we may place a banner notice across site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and these Terms through your account or through other contact information that you have provided to us, including email, mobile number, telephone, or delivery services.
3.6 Notifications to Us. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty days before you act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. To be effective, notices to us must be sent to support@epiccharging.com.
3.7 Usage Restrictions: Customer will not (a) make any Service available to third parties or use any Service for the benefit of anyone other than Customer, unless expressly stated otherwise in an Order Form(s), (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service, or include any Service in a service bureau or outsourcing offering, (c) use a Service or Third Party Service to store or transmit malicious code or other code, files, scripts, agents or programs intended to do harm, (d) interfere with or disrupt the integrity or performance of any Services or Third Party Service, (e) attempt to gain unauthorized access to any Services or its related systems or networks, (f) permit direct or indirect access to or use of any Services in a way that circumvents subscriber or site or location limits.
4. ACCESS INFORMATION & CONTENT
4.1 Access Information. You are wholly responsible for maintaining the confidentiality of Access Information and wholly liable for all activities occurring under such Access Information. You will not transfer to any party Access Information, or use access information of another, without our prior written consent. You will immediately notify us of any unauthorized use of Access Information or any other breach of security via email sent to support@epiccharging.com. We will not be liable for any loss or damage arising from lost or forgotten Access Information (including associated loss of Content), from failure to comply with this section or from unauthorized use of Access Information.
4.2 Responsibility for Content. Your Content is your sole responsibility and the responsibility of the user from which such Content originated. We will have no responsibility or liability for the deletion or failure to store any Content or user data. We reserve the right to mark as "inactive" and archive accounts that are inactive for an extended period of time. It is your sole responsibility to back up your Content and end user data. We may preserve and disclose any Content if required to do so by law or judicial or governmental mandate or as reasonably necessary to protect the rights, property or safety of us, users and/or the public. We may terminate Company Services access in response to a violation or suspected violation of these Terms. You agree to only provide information through the Company Services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality obligations. You agree not to provide any information that you are not allowed to share with others, including by contract or law. Any information you provide will be accessible by other users of the Company Services.
4.3 Use of Content. You will bear all risks associated with the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may refuse or delete any Content, including Content of which we become aware that fails to fulfill the purpose of the Company Services, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee, and are not responsible for, the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors, inaccuracies, or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We will have no obligation or liability to maintain, store, or license Content, protect and maintain Content owners' intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use Content, your failure to comply with these Terms, or for any act, omission, or conduct of any Company Services user.
4.4 Account Data. While we will endeavor to back up data, we have no responsibility or liability for the deletion or failure to store any Content. You acknowledge and agree that we are under no obligation to compile and return to you your Content, including if you elect to deactivate your account, except as we may otherwise agree in writing.
4.5 License to Content. You hereby grant to us the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, non-exclusive right and license to use, reproduce, distribute, create derivative works of, display and perform your Content solely for the purposes of developing, implementing, maintaining, improving and providing the Company Services.
4.6 Integration with Third Party Services. The Services may interoperate with and allow Customer to export or integrate data to Third Party Services. Epic Charging cannot guarantee the continued availability of such functionality and may cease providing it without entitling Customer to any refund, credit, or other compensation.
5. EPIC REWARDS PROGRAM
5.1 Program Overview: Epic Charging may offer an Epic Rewards program to its users depending on their location. By adding your electric car and electricity meter to the app, you can earn and use Epic Rewards points for in-app purchases.
5.2 Accumulation of Epic Rewards:
- Users receive 10 welcome Epic Rewards upon successfully adding an electric vehicle and electricity meter to the app.
- Users earn 1 Epic Reward per week through regular app usage.
- The maximum accumulation is 63 Epic Rewards per year, including the 10 welcome Epic Rewards, with a total value of up to $63 per year.
5.3 Usage of Epic Rewards:
- 1 Epic Reward is equivalent to 1 USD.
- Epic Rewards can be redeemed to cover up to 100% of the activation fee.
- Epic Rewards can be used to cover up to 10% of the charging cost, including the activation fee.
- Users can redeem points simultaneously for both charging and activation fees, not exceeding 10 Epic Rewards at a time.
- Users cannot redeem more Epic Rewards than they have available in their account. If the desired discount exceeds the rewards balance, all available rewards will be applied, reducing the balance to zero.
- Epic Rewards cannot be withdrawn as cash or transferred to other accounts.
- Users can check their current Epic Rewards balance in their account at any time.
5.4 Program Limitations:
- If the promotion partner does not approve the addition of the electricity meter for any reason (e.g., if the meter was previously added to another service), Epic Rewards accrual will be discontinued.
- Epic Charging reserves the right to modify or terminate the Epic Rewards program at any time, with or without notice.
6. PRICING & PAYMENT
6.1 Charging Fees: Fees for Charging Sessions are set by the individual Charging Station operators. Epic Charging does not control these fees but will display them in the app when available.
6.2 Platform Fees: Epic Charging may charge additional fees for the use of our platform. These fees will be clearly displayed before you initiate a Charging Session.
6.3 Payment: You agree to pay all fees associated with your use of our Services. We will charge the payment method you have on file for all Charging Sessions and applicable fees.
6.4 Refunds: Refund policies are set by individual Charging Station operators. Epic Charging will assist in processing refund requests but cannot guarantee refunds for all situations.
6.5 Taxes: Epic Charging's fees do not include all taxes, levies, duties or similar governmental assessments of any nature. Customer is responsible for paying all Taxes associated with its purchases hereunder.
6.6 Payment Commission: Unless otherwise agreed in writing, Epic Charging will charge, and you agree to pay to Epic Charging, fees equivalent to seven percent (7%) plus USD $0.30 for each transaction processed by Epic Charging.
7. REMOTE CHARGING CONTROL
7.1 Functionality: Epic Charging provides a remote charging control feature that allows users to start, stop, or manage their charging sessions remotely through the app.
7.2 Company Control: By using our Services, you authorize Epic Charging to remotely control the charging of your electric vehicle. This includes, but is not limited to, starting, stopping, or adjusting the charging rate of your vehicle. We may exercise this control for various purposes, including grid management, optimization of energy usage, or participation in demand response programs.
7.3 Opt-Out: Users may opt out of company-controlled charging at any time through the app settings. However, opting out may affect your ability to participate in certain programs or receive specific benefits.
7.4 Liability Limitation: While we strive to ensure the reliability of this feature, Epic Charging is not liable for any damages or losses resulting from the use, malfunction, or company control of the remote charging control feature.
7.5 Security Measures: We implement industry-standard security protocols to protect the remote charging control feature from unauthorized access. However, users are responsible for maintaining the security of their account credentials.
7.6 Consent: By using our Services, you acknowledge and consent to Epic Charging's ability to control your vehicle's charging as described in this section.
8. INTEGRATION WITH CHARGING STATIONS
8.1 Operator Relationships: Epic Charging partners with various charging station operators to provide access through our platform. We do not own or operate these charging stations.
8.2 Information Updates: We make reasonable efforts to keep charging station information (including availability and pricing) up-to-date. However, we cannot guarantee real-time accuracy of this information.
9. DATA PROCESSING AND STORAGE
9.1 Charging Session Data: We collect and process data related to your charging sessions to provide and improve our services. This data is stored securely and in compliance with applicable data protection laws.
9.2 Data Retention: We retain user data for as long as necessary to provide our services and comply with legal obligations. Users can request deletion of their data as per our Privacy Policy.
9.3 Data Privacy and Security: Epic Charging will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Content. Those safeguards will include measures designed to prevent unauthorized access to or disclosure of Customer Content.
10. EPIC REWARDS PROGRAM MODIFICATIONS
10.1 Program Changes: Epic Charging reserves the right to modify, suspend, or terminate the Epic Rewards program at any time, with or without notice.
10.2 Account Closure: Upon account closure, any unused Epic Rewards will be forfeited unless otherwise required by law.
11. DISPUTE RESOLUTION
11.1 Charging Sessions: Any disputes related to charging sessions should first be addressed with the charging station operator. Epic Charging will assist in facilitating communication between users and operators.
11.2 Epic Rewards: Disputes regarding Epic Rewards accrual or redemption will be resolved by Epic Charging in accordance with the program rules.
12. APP UPDATES
12.1 Regular Updates: We may release updates to the Epic Charging app to improve functionality, fix bugs, or add new features.
12.2 Update Requirements: Users may be required to update their app to the latest version to continue using certain features.
13. GEOLOCATION SERVICES
13.1 Location Data: Epic Charging uses geolocation data to help users find nearby charging stations. By using our app, you consent to the collection and use of this data as described in our Privacy Policy.
14. VEHICLE INTEGRATION
14.1 Compatibility: Epic Charging may integrate with certain electric vehicle systems to enhance functionality. Compatibility and feature availability may vary by vehicle make and model.
14.2 Liability: Epic Charging is not responsible for any issues arising from the integration with vehicle systems. Users should consult their vehicle manufacturer for any concerns related to vehicle performance or safety.
15. FORCE MAJEURE
15.1 Definition: Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, or widespread power outages.
16. ENVIRONMENTAL ATTRIBUTES
16.1 Transfer: By using Epic Charging services, you agree to transfer any environmental attributes associated with your charging sessions to Epic Charging or its designated partners.
16.2 Usage: These environmental attributes may be used for regulatory compliance, voluntary environmental goals, or other purposes as determined by Epic Charging.
17. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & INDEMNITY
17.1 Disclaimer. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE COMPANY SERVICES ON AN AS-IS, AS-AVAILABLE BASIS WITH ALL FAULTS, and WE DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE COMPANY SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Company Services will meet your requirements, goals or needs, (b) Company Services access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the Company Services will be corrected. We have no responsibility or liability for the deletion of or failure to store your Content or to ensure that your Content is accurate or complete. It is your sole responsibility to back up and maintain the accuracy and completeness of your Content. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability and security of hosting services, internet intermediaries, your internet service provider, and other application or service providers cannot be assured, you accept such inherent security risks associated with your use of the Company Services. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion of implied warranties may not apply to you.
17.2 Exclusion. In no event shall Company, its officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting or arising from or related to the Subject Matter or any (a) errors, mistakes, or inaccuracies of Content, Company Services or Other Applications, (b) damages of any nature whatsoever (including personal injury, property damage or loss, or reliance damages), resulting from your access to and use of, or inability to access and use Company Services, Other Applications, or Content, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any termination, interruption or cessation of Company Services, Content or Other Applications, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Company Services or Other Applications by any third party, and/or (f) any errors or omissions in any Content, Company Services or Other Applications, or for any loss or damage of any kind incurred as a result of your use of Content, Company Services or Other Applications, or any Content, product, item or service posted, emailed, transmitted, or otherwise made available via the Company Services. Liability is so limited and excluded, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. Liability for damages will be so limited and excluded, regardless of the validity or efficacy of any remedy provided herein and even if any remedy fails of its essential purpose. The provisions of this section allocate the risks under these Terms between the parties and each party has relied upon the limitations set forth herein in determining whether to enter into this relationship. The parties have voluntarily agreed to define the parties' rights, liabilities and obligations respecting the Subject Matter exclusively in contract pursuant to these Terms, and you expressly disclaim that you are owed any duties or are entitled to any remedies not expressly set forth in these Terms. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
17.3 Indemnification. To the extent permitted under applicable laws, you agree to defend, indemnify and hold us and our affiliates, officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your use of the Company Services or any Company service or product, your failure to comply with these Terms, and/or your violation of any rights of another. You will cooperate as reasonably required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
17.4 General Release. You further agree that these Terms waive and release any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party." You understand that you are releasing us from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.
18. GENERAL PROVISIONS
18.1 Service Discontinuance/Modification. We may from time to time modify or discontinue access to, temporarily or permanently, any part, feature, or functionality of the Company Services. We will not be liable for any such modification, suspension or discontinuance, even if certain features or functions, your settings, and/or any Content you have contributed or have come to rely on, are permanently lost.
18.2 Account Termination. We may terminate your account or access for cause, including without limitation for: (a) violation of these Terms; (b) abuse of our resources or any attempt to gain unauthorized entry to the Company Services; (c) use of the Company Services in a manner inconsistent with its purpose; (d) any authorized user's request for such termination; or (e) requirements of or for failure to comply with applicable law, regulation, court or governing agency order, or ethical requirements. We may in addition terminate the availability of the Company Services for our own business reasons, including if we elect to cease being in the business of providing it or if the owners of Other Applications make continued operation commercially impracticable or unreasonable. After account termination, you will not attempt to register a new account without our permission.
18.3 Trademarks; Media. You are granted no right, title or license to any third-party trademarks by these Terms, or to any of our trademarks or servicemarks. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, domain names, and similar identifiers. All trademarks not owned by us that appear in the Company Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our trademarks or servicemarks and/or variations and misspellings thereof.
18.4 California-Based. The Company Services is controlled by us from our offices in California, USA. We make no representation that the Company Services is appropriate for use in other jurisdictions. Your use of or access to the Company Services will not be construed as our purposefully availing ourselves of the benefits or privileges of doing business in any other state or jurisdiction other than California, USA.
18.5 Governing Law; Choice of Forum. The Subject Matter and any disputes between us and related to or concerning any of the Subject Matter (including tort as well as contract claims, and whether pre-contractual or extra-contractual) will be governed by the laws of the State of California, without regard to conflicts of laws rules, and to the maximum extent permitted by applicable law, the parties hereby waive the right to a jury trial for any such disputes. The United Nations Convention on Contracts for the International Sale of Goods will not apply and is hereby expressly excluded. Subject to section 18.6, the state and federal courts located in San Francisco County, California, will have exclusive jurisdiction and venue over any disputes between the parties arising out of or related to the Subject Matter, and both parties hereby consent and submit to the jurisdiction and venue of such courts for such disputes and waive any objections to the exercise of such jurisdiction or venue.
18.6 Arbitration. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
18.7 Limitation. You agree that regardless of any statute of limitations to the contrary, any claim or cause of action arising out of or related to the Subject Matter must be filed within one year after such claim or cause of action arose, or be forever barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period established by applicable law.
18.8 Assignment. These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntarily, involuntarily, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
18.9 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Company Services, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
18.10 Miscellaneous. The Terms constitute the entire agreement between you and us and govern your use of the Company Services, superseding any prior agreements, understandings, communications or proposals. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party.
18.11 Copyright Policy. We respect the intellectual property of others and ask that users of the Company Services do the same. In connection with the Company Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Company Services who are repeat infringers of intellectual property rights, including copyrights.
19. ADDITIONAL PROVISIONS
19.1 Free Trial Services: Epic Charging may offer Free Trial Services. These services are provided "as-is" without any warranty. Epic Charging reserves the right to suspend or discontinue Free Trial Services at any time for any reason. Any customer content associated with Free Trial Services may be permanently lost unless the customer purchases a subscription or exports the content before the end of the trial period.
19.2 Use Limitations: Customers must ensure that each user is individually registered and that users do not share access credentials. Each charging station must be individually registered, and the number of purchased licenses must equal the number of purchased services at the appropriate level. Epic Charging reserves the right to limit accounts or terminate services if usage does not comply with these terms.
19.3 Third Party Services: Epic Charging or third parties may make Third Party Services available to customers. Customers' acquisition and use of Third Party Services is solely between the customer and the applicable third party. Epic Charging does not warrant or support Third Party Services unless expressly provided otherwise.
19.4 Confidentiality: Both parties agree to maintain the confidentiality of any information designated as confidential or that should reasonably be understood to be confidential. This includes the terms of this agreement, non-public Epic Charging content, Third Party Services, and data regarding the performance of the Services.
19.5 Warranties and Disclaimers: Epic Charging warrants that during the applicable subscription term, it will (a) maintain commercially reasonable safeguards for the security, confidentiality, and integrity of Customer Content, (b) not materially decrease the overall security of the Services, and (c) not materially decrease the overall functionality of the Services, subject to the "Third Party Services" section.
19.6 Mutual Indemnification: Epic Charging will defend the customer against claims alleging that the Purchased Services infringe or misappropriate third party intellectual property rights, subject to certain conditions and exceptions. The customer will defend Epic Charging against claims related to Customer Content, Third Party Services used by the customer, or arising from the customer's use of the Services in an unlawful manner or in violation of the Agreement.
19.7 Limitation of Liability: The aggregate liability of each party arising out of this Agreement shall not exceed the total amount paid by the customer for the Services giving rise to the liability in the twelve months preceding the first incident out of which the liability arose. Neither party will be liable for lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption, or punitive damages.
19.8 Term and Termination: The term of each subscription shall be as specified in the applicable Order Form or Online Purchase Portal. Subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives written notice at least 30 days before the end of the relevant subscription term.
19.9 Suspension: Epic Charging may suspend services if charges are overdue or if there is a breach of certain sections of the Agreement. Epic Charging will provide notice before suspension and work with the customer to resolve the issue.
19.10 Refund or Payment upon Termination: If the Agreement is terminated by the customer for cause, Epic Charging will refund any prepaid fees covering the remainder of the term. If terminated by Epic Charging for cause, the customer will pay any unpaid fees covering the remainder of the term.
19.11 Surviving Provisions: Certain sections of the Agreement will survive any termination or expiration, including those related to confidentiality, disclaimers, indemnification, limitation of liability, and refunds or payments upon termination.
"Epic Charging," "we," "us," or "our" refers to Epic Charging, inc and its subsidiaries and affiliates.
"Services" means the Epic Charging website, mobile application, and any services provided by Epic Charging.
"User," "you," or "your" refers to the individual or entity using our Services.
"Epic Rewards" are points that users can earn and redeem within our Services as part of our loyalty program.
"Charging Station" refers to any electric vehicle charging station accessible through the Epic Charging platform.
"Order Form" means an order form signed by both parties.
"Purchased Services" means Services that Customer purchases from Epic Charging under an Order Form or Online Purchase Portal.
"Free Trial Services" means Services that Epic Charging makes available to Customer free of charge.
2. ACCESS TO COMPANY SERVICES
2.1 Availability. Subject to your acceptance of and compliance with these Terms, including payment obligations, we will use commercially reasonable efforts to make available the Company Services. You acknowledge that your decision to use the Company Services is not reliant or dependent on the availability of any current or future functionality or features, or on any oral or written public or private comments or representations made by us. You may not use the Company Services if you are barred from doing so under the laws of the United States or other countries including the country in which you are resident or from which you use or access the Company Services. If you are using or accessing the Company Services on behalf of a company, you warrant that you have full power and authority to bind such company to these terms. Company Services are not intended for and should not be used by anyone under the age of eighteen (18). If you are below the age of eighteen (18), you are prohibited from using or accessing the Services.
2.2 Transfer of Ownership of Environmental Attributes. As partial consideration for your use of the Company Services, you hereby transfer and assign to the Company all right, title and interest in and to the Environmental Attributes. You further hereby represent and warrant that the Environmental Attributes are free and clear of any other claims or encumbrances of any kind whatsoever, and agree to provide the Company your best efforts with respect to any act reasonably necessary for the Company to perfect title in and to the Environmental Attributes.
2.3 Consent to Emails. You agree and consent to receive email messages from us, which may be transactional, for account management purposes, or for communications relating to or provided as part of the Company Services, including administrative notices and service announcements or changes.
2.4 Reservation of Rights. We retain all right, title and interest in and to the Company Services and our Content, and all associated intellectual property rights. We grant no licensed rights to our copyrights, trademarks, patents, or any other form of Company intellectual property. The user interface, user experience, icons, presentation layer and elements, reports, layouts, and screen displays of or generated by the Company Services are our copyrightable content, our trade dress and our trademarks and servicemarks. You will not use, reproduce, distribute, or deploy the Company Services, except for your own personal or business use, and solely in accordance with these Terms.
2.5 We do not grant any licensed rights to our copyrights, trademarks, patents, or other intellectual property. The user interface, user experience, icons, presentation layers, reports, layouts, and screen displays of or generated by the Company Services are our copyrighted content, trade dress, and trademarks.
3. USE OF THE COMPANY SERVICES
3.1 Necessary Systems. Your access to and ability to effectively use the Company Services is conditioned on your procurement of all necessary system, hardware, software, operating environment, Other Applications, connectivity, and network access. You acknowledge that use of the Company Services requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider, and may impact usage limitations imposed by Other Applications.
3.2 Feedback. You agree that we may freely use and exploit in perpetuity any feedback, requirements, recommendations, ideas, bug fixes, reviews, ratings, comments, suggestions, or improvements, that you, or any employee or agent thereof, may at any time disclose or submit to us relating to the Company Services for our business purposes, including for product, service or solution sales, support and development, without any obligation or payment to you.
3.3 Data Collection. You hereby consent to our collection and use of anonymized data (including meta-data, analytical, diagnostic and technical data, and usage statistics) concerning or arising from your use of the Company Services in order to provide the functionality of and improve the Company Services, for product development and marketing purposes, to protect against spam and malware, and for verifying compliance with the Terms.
3.4 Usage Restrictions. You will not use the Company Services or participate in any activities via the Company Services in a manner that is likely to be prohibited by law or these Terms or violative of third party rights in any applicable jurisdiction, including intellectual property rights. Your use of the Company Services must be in full compliance with applicable law. You are solely responsible for the accuracy, quality and legality of the Other Applications. You will not use, or enable or permit the use of the Company Services to store or transmit illegal, infringing, libelous, offensive or otherwise unlawful or tortious material or data or in violation of privacy rights, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You will not use or access the Company Services: (a) if you are a competitor of us or operating on behalf of such a competitor; or (b) for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.5 Notifications to You. For purposes of service messages and notices about the Company Services to you, we may place a banner notice across site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and these Terms through your account or through other contact information that you have provided to us, including email, mobile number, telephone, or delivery services.
3.6 Notifications to Us. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty days before you act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. To be effective, notices to us must be sent to support@epiccharging.com.
3.7 Usage Restrictions: Customer will not (a) make any Service available to third parties or use any Service for the benefit of anyone other than Customer, unless expressly stated otherwise in an Order Form(s), (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service, or include any Service in a service bureau or outsourcing offering, (c) use a Service or Third Party Service to store or transmit malicious code or other code, files, scripts, agents or programs intended to do harm, (d) interfere with or disrupt the integrity or performance of any Services or Third Party Service, (e) attempt to gain unauthorized access to any Services or its related systems or networks, (f) permit direct or indirect access to or use of any Services in a way that circumvents subscriber or site or location limits.
4. ACCESS INFORMATION & CONTENT
4.1 Access Information. You are wholly responsible for maintaining the confidentiality of Access Information and wholly liable for all activities occurring under such Access Information. You will not transfer to any party Access Information, or use access information of another, without our prior written consent. You will immediately notify us of any unauthorized use of Access Information or any other breach of security via email sent to support@epiccharging.com. We will not be liable for any loss or damage arising from lost or forgotten Access Information (including associated loss of Content), from failure to comply with this section or from unauthorized use of Access Information.
4.2 Responsibility for Content. Your Content is your sole responsibility and the responsibility of the user from which such Content originated. We will have no responsibility or liability for the deletion or failure to store any Content or user data. We reserve the right to mark as "inactive" and archive accounts that are inactive for an extended period of time. It is your sole responsibility to back up your Content and end user data. We may preserve and disclose any Content if required to do so by law or judicial or governmental mandate or as reasonably necessary to protect the rights, property or safety of us, users and/or the public. We may terminate Company Services access in response to a violation or suspected violation of these Terms. You agree to only provide information through the Company Services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality obligations. You agree not to provide any information that you are not allowed to share with others, including by contract or law. Any information you provide will be accessible by other users of the Company Services.
4.3 Use of Content. You will bear all risks associated with the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may refuse or delete any Content, including Content of which we become aware that fails to fulfill the purpose of the Company Services, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee, and are not responsible for, the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors, inaccuracies, or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We will have no obligation or liability to maintain, store, or license Content, protect and maintain Content owners' intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use Content, your failure to comply with these Terms, or for any act, omission, or conduct of any Company Services user.
4.4 Account Data. While we will endeavor to back up data, we have no responsibility or liability for the deletion or failure to store any Content. You acknowledge and agree that we are under no obligation to compile and return to you your Content, including if you elect to deactivate your account, except as we may otherwise agree in writing.
4.5 License to Content. You hereby grant to us the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, non-exclusive right and license to use, reproduce, distribute, create derivative works of, display and perform your Content solely for the purposes of developing, implementing, maintaining, improving and providing the Company Services.
4.6 Integration with Third Party Services. The Services may interoperate with and allow Customer to export or integrate data to Third Party Services. Epic Charging cannot guarantee the continued availability of such functionality and may cease providing it without entitling Customer to any refund, credit, or other compensation.
5. EPIC REWARDS PROGRAM
5.1 Program Overview: Epic Charging may offer an Epic Rewards program to its users depending on their location. By adding your electric car and electricity meter to the app, you can earn and use Epic Rewards points for in-app purchases.
5.2 Accumulation of Epic Rewards:
- Users receive 10 welcome Epic Rewards upon successfully adding an electric vehicle and electricity meter to the app.
- Users earn 1 Epic Reward per week through regular app usage.
- The maximum accumulation is 63 Epic Rewards per year, including the 10 welcome Epic Rewards, with a total value of up to $63 per year.
5.3 Usage of Epic Rewards:
- 1 Epic Reward is equivalent to 1 USD.
- Epic Rewards can be redeemed to cover up to 100% of the activation fee.
- Epic Rewards can be used to cover up to 10% of the charging cost, including the activation fee.
- Users can redeem points simultaneously for both charging and activation fees, not exceeding 10 Epic Rewards at a time.
- Users cannot redeem more Epic Rewards than they have available in their account. If the desired discount exceeds the rewards balance, all available rewards will be applied, reducing the balance to zero.
- Epic Rewards cannot be withdrawn as cash or transferred to other accounts.
- Users can check their current Epic Rewards balance in their account at any time.
5.4 Program Limitations:
- If the promotion partner does not approve the addition of the electricity meter for any reason (e.g., if the meter was previously added to another service), Epic Rewards accrual will be discontinued.
- Epic Charging reserves the right to modify or terminate the Epic Rewards program at any time, with or without notice.
6. PRICING & PAYMENT
6.1 Charging Fees: Fees for Charging Sessions are set by the individual Charging Station operators. Epic Charging does not control these fees but will display them in the app when available.
6.2 Platform Fees: Epic Charging may charge additional fees for the use of our platform. These fees will be clearly displayed before you initiate a Charging Session.
6.3 Payment: You agree to pay all fees associated with your use of our Services. We will charge the payment method you have on file for all Charging Sessions and applicable fees.
6.4 Refunds: Refund policies are set by individual Charging Station operators. Epic Charging will assist in processing refund requests but cannot guarantee refunds for all situations.
6.5 Taxes: Epic Charging's fees do not include all taxes, levies, duties or similar governmental assessments of any nature. Customer is responsible for paying all Taxes associated with its purchases hereunder.
6.6 Payment Commission: Unless otherwise agreed in writing, Epic Charging will charge, and you agree to pay to Epic Charging, fees equivalent to seven percent (7%) plus USD $0.30 for each transaction processed by Epic Charging.
7. REMOTE CHARGING CONTROL
7.1 Functionality: Epic Charging provides a remote charging control feature that allows users to start, stop, or manage their charging sessions remotely through the app.
7.2 Company Control: By using our Services, you authorize Epic Charging to remotely control the charging of your electric vehicle. This includes, but is not limited to, starting, stopping, or adjusting the charging rate of your vehicle. We may exercise this control for various purposes, including grid management, optimization of energy usage, or participation in demand response programs.
7.3 Opt-Out: Users may opt out of company-controlled charging at any time through the app settings. However, opting out may affect your ability to participate in certain programs or receive specific benefits.
7.4 Liability Limitation: While we strive to ensure the reliability of this feature, Epic Charging is not liable for any damages or losses resulting from the use, malfunction, or company control of the remote charging control feature.
7.5 Security Measures: We implement industry-standard security protocols to protect the remote charging control feature from unauthorized access. However, users are responsible for maintaining the security of their account credentials.
7.6 Consent: By using our Services, you acknowledge and consent to Epic Charging's ability to control your vehicle's charging as described in this section.
8. INTEGRATION WITH CHARGING STATIONS
8.1 Operator Relationships: Epic Charging partners with various charging station operators to provide access through our platform. We do not own or operate these charging stations.
8.2 Information Updates: We make reasonable efforts to keep charging station information (including availability and pricing) up-to-date. However, we cannot guarantee real-time accuracy of this information.
9. DATA PROCESSING AND STORAGE
9.1 Charging Session Data: We collect and process data related to your charging sessions to provide and improve our services. This data is stored securely and in compliance with applicable data protection laws.
9.2 Data Retention: We retain user data for as long as necessary to provide our services and comply with legal obligations. Users can request deletion of their data as per our Privacy Policy.
9.3 Data Privacy and Security: Epic Charging will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Content. Those safeguards will include measures designed to prevent unauthorized access to or disclosure of Customer Content.
10. EPIC REWARDS PROGRAM MODIFICATIONS
10.1 Program Changes: Epic Charging reserves the right to modify, suspend, or terminate the Epic Rewards program at any time, with or without notice.
10.2 Account Closure: Upon account closure, any unused Epic Rewards will be forfeited unless otherwise required by law.
11. DISPUTE RESOLUTION
11.1 Charging Sessions: Any disputes related to charging sessions should first be addressed with the charging station operator. Epic Charging will assist in facilitating communication between users and operators.
11.2 Epic Rewards: Disputes regarding Epic Rewards accrual or redemption will be resolved by Epic Charging in accordance with the program rules.
12. APP UPDATES
12.1 Regular Updates: We may release updates to the Epic Charging app to improve functionality, fix bugs, or add new features.
12.2 Update Requirements: Users may be required to update their app to the latest version to continue using certain features.
13. GEOLOCATION SERVICES
13.1 Location Data: Epic Charging uses geolocation data to help users find nearby charging stations. By using our app, you consent to the collection and use of this data as described in our Privacy Policy.
14. VEHICLE INTEGRATION
14.1 Compatibility: Epic Charging may integrate with certain electric vehicle systems to enhance functionality. Compatibility and feature availability may vary by vehicle make and model.
14.2 Liability: Epic Charging is not responsible for any issues arising from the integration with vehicle systems. Users should consult their vehicle manufacturer for any concerns related to vehicle performance or safety.
15. FORCE MAJEURE
15.1 Definition: Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, or widespread power outages.
16. ENVIRONMENTAL ATTRIBUTES
16.1 Transfer: By using Epic Charging services, you agree to transfer any environmental attributes associated with your charging sessions to Epic Charging or its designated partners.
16.2 Usage: These environmental attributes may be used for regulatory compliance, voluntary environmental goals, or other purposes as determined by Epic Charging.
17. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & INDEMNITY
17.1 Disclaimer. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE COMPANY SERVICES ON AN AS-IS, AS-AVAILABLE BASIS WITH ALL FAULTS, and WE DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE COMPANY SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Company Services will meet your requirements, goals or needs, (b) Company Services access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the Company Services will be corrected. We have no responsibility or liability for the deletion of or failure to store your Content or to ensure that your Content is accurate or complete. It is your sole responsibility to back up and maintain the accuracy and completeness of your Content. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability and security of hosting services, internet intermediaries, your internet service provider, and other application or service providers cannot be assured, you accept such inherent security risks associated with your use of the Company Services. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion of implied warranties may not apply to you.
17.2 Exclusion. In no event shall Company, its officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting or arising from or related to the Subject Matter or any (a) errors, mistakes, or inaccuracies of Content, Company Services or Other Applications, (b) damages of any nature whatsoever (including personal injury, property damage or loss, or reliance damages), resulting from your access to and use of, or inability to access and use Company Services, Other Applications, or Content, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any termination, interruption or cessation of Company Services, Content or Other Applications, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Company Services or Other Applications by any third party, and/or (f) any errors or omissions in any Content, Company Services or Other Applications, or for any loss or damage of any kind incurred as a result of your use of Content, Company Services or Other Applications, or any Content, product, item or service posted, emailed, transmitted, or otherwise made available via the Company Services. Liability is so limited and excluded, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. Liability for damages will be so limited and excluded, regardless of the validity or efficacy of any remedy provided herein and even if any remedy fails of its essential purpose. The provisions of this section allocate the risks under these Terms between the parties and each party has relied upon the limitations set forth herein in determining whether to enter into this relationship. The parties have voluntarily agreed to define the parties' rights, liabilities and obligations respecting the Subject Matter exclusively in contract pursuant to these Terms, and you expressly disclaim that you are owed any duties or are entitled to any remedies not expressly set forth in these Terms. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
17.3 Indemnification. To the extent permitted under applicable laws, you agree to defend, indemnify and hold us and our affiliates, officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your use of the Company Services or any Company service or product, your failure to comply with these Terms, and/or your violation of any rights of another. You will cooperate as reasonably required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
17.4 General Release. You further agree that these Terms waive and release any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party." You understand that you are releasing us from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.
18. GENERAL PROVISIONS
18.1 Service Discontinuance/Modification. We may from time to time modify or discontinue access to, temporarily or permanently, any part, feature, or functionality of the Company Services. We will not be liable for any such modification, suspension or discontinuance, even if certain features or functions, your settings, and/or any Content you have contributed or have come to rely on, are permanently lost.
18.2 Account Termination. We may terminate your account or access for cause, including without limitation for: (a) violation of these Terms; (b) abuse of our resources or any attempt to gain unauthorized entry to the Company Services; (c) use of the Company Services in a manner inconsistent with its purpose; (d) any authorized user's request for such termination; or (e) requirements of or for failure to comply with applicable law, regulation, court or governing agency order, or ethical requirements. We may in addition terminate the availability of the Company Services for our own business reasons, including if we elect to cease being in the business of providing it or if the owners of Other Applications make continued operation commercially impracticable or unreasonable. After account termination, you will not attempt to register a new account without our permission.
18.3 Trademarks; Media. You are granted no right, title or license to any third-party trademarks by these Terms, or to any of our trademarks or servicemarks. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, domain names, and similar identifiers. All trademarks not owned by us that appear in the Company Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our trademarks or servicemarks and/or variations and misspellings thereof.
18.4 California-Based. The Company Services is controlled by us from our offices in California, USA. We make no representation that the Company Services is appropriate for use in other jurisdictions. Your use of or access to the Company Services will not be construed as our purposefully availing ourselves of the benefits or privileges of doing business in any other state or jurisdiction other than California, USA.
18.5 Governing Law; Choice of Forum. The Subject Matter and any disputes between us and related to or concerning any of the Subject Matter (including tort as well as contract claims, and whether pre-contractual or extra-contractual) will be governed by the laws of the State of California, without regard to conflicts of laws rules, and to the maximum extent permitted by applicable law, the parties hereby waive the right to a jury trial for any such disputes. The United Nations Convention on Contracts for the International Sale of Goods will not apply and is hereby expressly excluded. Subject to section 18.6, the state and federal courts located in San Francisco County, California, will have exclusive jurisdiction and venue over any disputes between the parties arising out of or related to the Subject Matter, and both parties hereby consent and submit to the jurisdiction and venue of such courts for such disputes and waive any objections to the exercise of such jurisdiction or venue.
18.6 Arbitration. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
18.7 Limitation. You agree that regardless of any statute of limitations to the contrary, any claim or cause of action arising out of or related to the Subject Matter must be filed within one year after such claim or cause of action arose, or be forever barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period established by applicable law.
18.8 Assignment. These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntarily, involuntarily, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
18.9 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Company Services, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
18.10 Miscellaneous. The Terms constitute the entire agreement between you and us and govern your use of the Company Services, superseding any prior agreements, understandings, communications or proposals. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party.
18.11 Copyright Policy. We respect the intellectual property of others and ask that users of the Company Services do the same. In connection with the Company Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Company Services who are repeat infringers of intellectual property rights, including copyrights.
19. ADDITIONAL PROVISIONS
19.1 Free Trial Services: Epic Charging may offer Free Trial Services. These services are provided "as-is" without any warranty. Epic Charging reserves the right to suspend or discontinue Free Trial Services at any time for any reason. Any customer content associated with Free Trial Services may be permanently lost unless the customer purchases a subscription or exports the content before the end of the trial period.
19.2 Use Limitations: Customers must ensure that each user is individually registered and that users do not share access credentials. Each charging station must be individually registered, and the number of purchased licenses must equal the number of purchased services at the appropriate level. Epic Charging reserves the right to limit accounts or terminate services if usage does not comply with these terms.
19.3 Third Party Services: Epic Charging or third parties may make Third Party Services available to customers. Customers' acquisition and use of Third Party Services is solely between the customer and the applicable third party. Epic Charging does not warrant or support Third Party Services unless expressly provided otherwise.
19.4 Confidentiality: Both parties agree to maintain the confidentiality of any information designated as confidential or that should reasonably be understood to be confidential. This includes the terms of this agreement, non-public Epic Charging content, Third Party Services, and data regarding the performance of the Services.
19.5 Warranties and Disclaimers: Epic Charging warrants that during the applicable subscription term, it will (a) maintain commercially reasonable safeguards for the security, confidentiality, and integrity of Customer Content, (b) not materially decrease the overall security of the Services, and (c) not materially decrease the overall functionality of the Services, subject to the "Third Party Services" section.
19.6 Mutual Indemnification: Epic Charging will defend the customer against claims alleging that the Purchased Services infringe or misappropriate third party intellectual property rights, subject to certain conditions and exceptions. The customer will defend Epic Charging against claims related to Customer Content, Third Party Services used by the customer, or arising from the customer's use of the Services in an unlawful manner or in violation of the Agreement.
19.7 Limitation of Liability: The aggregate liability of each party arising out of this Agreement shall not exceed the total amount paid by the customer for the Services giving rise to the liability in the twelve months preceding the first incident out of which the liability arose. Neither party will be liable for lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption, or punitive damages.
19.8 Term and Termination: The term of each subscription shall be as specified in the applicable Order Form or Online Purchase Portal. Subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives written notice at least 30 days before the end of the relevant subscription term.
19.9 Suspension: Epic Charging may suspend services if charges are overdue or if there is a breach of certain sections of the Agreement. Epic Charging will provide notice before suspension and work with the customer to resolve the issue.
19.10 Refund or Payment upon Termination: If the Agreement is terminated by the customer for cause, Epic Charging will refund any prepaid fees covering the remainder of the term. If terminated by Epic Charging for cause, the customer will pay any unpaid fees covering the remainder of the term.
19.11 Surviving Provisions: Certain sections of the Agreement will survive any termination or expiration, including those related to confidentiality, disclaimers, indemnification, limitation of liability, and refunds or payments upon termination.
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