Terms of Service

1. Your Account

1.1 Account Eligibility

The Service is not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, you may only use the Service and create an Account under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

1.2 Account Profile

To register for an account to use the Service, you must enter login information in accordance with this Agreement ("Account"). You agree to provide true, accurate, and complete information on your profile and all registration and other forms you access on the Service, and to update your information to maintain its truthfulness, accuracy, and completeness.

1.3 Usernames and Account Verification

Each person who uses the Service must register for their own Account. When You register, you will be asked to input Your email and choose a username. You are entirely responsible for safeguarding and maintaining the confidentiality of your email account and username, and you agree not to share your username with any unauthorized person. Security of accounts is managed, in part, by a Third Party Service provider. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account. Your Account may be subject to additional verification from time to time.

2. Third Party Services and Sites

The Service may integrate with one or more third-party services ("Third Party Service"). Third Party Services may make content, products or services available to you and be subject to their own terms and policies, including payment obligations. Your use of any Third Party Services will be governed by those terms and policies and you are solely responsible for compliance with them. We do not control Third Party Services and are not liable for them or for any transaction you may enter into with them. You acknowledge that GoPowerEV is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, security, or legality of Third Party Services. We may, at any time and in our sole discretion and without notice, suspend, disable access to, or remove any Third Party Services, and we are not liable for any such action.

3. Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. GoPowerEV does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Data Collection

Your use of the Service is subject to the GoPowerEV Privacy Policy, which describes how we collect, use, and process information. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. GoPowerEV does not guarantee that the Services will function on any particular hardware or devices, and the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. Fees and Payment

5.1 Fees and Charges

You understand that use of the Service will result in charges to you based on Your usage. We will enable your payment of the applicable fees for services or goods obtained through Your use of the Service. Fees will include applicable taxes where required by law and may include other charges, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges. In certain geographical areas, electricity interruptions, times of high user demand, or other marketplace factors may limit the availability of the Service and either substantially increase mileage rates or prevent You from purchasing the Service altogether.

5.2 Loading Value on Your Account

You can load a dollar value into Your Account for use at active GoPowerEV charging stations. The dollar value is a prepayment for Service. Unless otherwise required by law or permitted by this Agreement, the dollar value in Your Account is non-refundable and may not be redeemed for cash. The value in Your Account is not insured by the FDIC, nor does it earn interest. Because card information is processed through a Payment Processor, there may be a delay between the time you pay and when funds are available for use.

5.3 Third Party Payment Processor

We may use a third party payment processor ("Payment Processor") to bill you through an Account linked to the Service. Payment processing is subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe's terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms.

5.4 Form of Payment

All charges and payments will be enabled by GoPowerEV using the preferred payment method designated in your Account, after which you will receive a receipt. If Your primary payment method is expired, invalid or otherwise unable to be charged, you agree that we may use a secondary payment method if available. Charges paid by you are final and non-refundable, unless otherwise determined by GoPowerEV. Prior to charging your card, an authorization process will validate the card number, status, available credit or funds, and billing information. Your card will be charged only upon fulfillment of your transaction; if a transaction is cancelled, GoPowerEV or its Payment Processor will request an authorization reversal on your behalf.

5.5 Monitoring Your Account

Please check Your online transaction history regularly to ensure it and your account balance are correct. If you have questions or wish to dispute any transaction or correction, please contact support@GoPowerEV.com or use the help desk feature in the Service. We will review your claim and communicate our findings, and correct any error promptly. We have no obligation to review or correct any billing error unless you provide us sufficient notice within sixty (60) days of the date of the transaction in question.

5.6 Limitations and Automatic Transactions

You may not have more than $250 in value within Your Account at any one time, and activity on Your Account cannot exceed $100 over the course of a day. There is a minimum amount you must have in your Account, typically $10. We may change any of these amounts at any time without notice. To change the automatic reload feature, you must log in and change the reload settings at least twenty-four (24) hours before the next reload. Once the dollar value is loaded, the transaction cannot be reversed.

5.7 Termination or Suspension of Service Due to Insufficient Funds

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Account, including your failure to provide valid information. If we terminate this Agreement without cause, we will refund the pre-paid amounts, less any amounts that you may owe us.

6. Our Materials

Subject to the limited rights expressly granted hereunder, we retain all of our rights, title, and interest in and to our Service and all of our intellectual property rights therein. With respect to Third-Party Service Provider materials, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to such materials. No rights are granted to you other than as expressly set forth herein or, with respect to third-party materials, the applicable third-party license.

7. License to Use Feedback

At any point during this Agreement and subject to our Privacy Policy, you may provide feedback, suggestions, ideas, questions, comments, bug reports, or other information to us relating to the Service ("Feedback"). You grant to us and our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our materials any and all Feedback provided by you relating to the Service.

8. Warranties

NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICE IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WHILE GOPOWEREV ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT IT WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.

9. Limitation of Liability

These terms only limit GoPowerEV's responsibilities as allowed by applicable law. Specifically, these terms do not limit GoPowerEV's liability for death or personal injury, fraud, fraudulent misrepresentation, or willful misconduct. To the maximum extent permitted by law, GOPOWEREV and its related entities exclude completely all liability to any users in excess of US $50.00 for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Service.

10. Termination

A party may terminate this Agreement by cancelling or suspending the applicable Account. If you choose to terminate, you will not be issued a refund except as provided under this Agreement, in our sole discretion, or if legally required.

11. Surviving Provisions

Each party is responsible for any obligations to the other party that arose prior to any termination or expiration of this Agreement. Except as otherwise set forth in this Agreement, the following Sections survive any termination or expiration: Section 8 (Warranties), Section 9 (Limitation of Liability), Section 10 (Termination), Section 11 (Surviving Provisions), Section 12 (Notices, Governing Law and Dispute Resolution), and Section 13 (General Provisions).

12. Notices, Governing Law and Dispute Resolution

12.1 Manner of Giving Notice

All notices, permissions, and approvals hereunder must be in writing and will be deemed given upon: (i) personal delivery, (ii) the third business day after mailing, (iii) the second business day after sending via an overnight delivery service, or (iv) the first business day after sending by email (provided email is not sufficient for notices of material breach, termination, or an indemnifiable claim). Notices to us shall be addressed to: GoPowerEV, Inc., 2935 Alexis Dr, Palo Alto CA 94304, Email: support@gopowerev.com. Billing-related notices to you shall be addressed to the relevant billing contact designated by you.

12.2 Governing Law and Venue

This Agreement and any disputes arising under it will be governed by the laws of the State of California without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in Santa Clara County, California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

12.3 Informal Dispute Resolution and Arbitration

The parties will use their best efforts to settle any dispute directly through consultation before initiating a lawsuit or arbitration. If, after good faith negotiations, the parties are unable to resolve the dispute, any and all disputes arising out of or relating to this Agreement shall be resolved according to California law and exclusively by binding arbitration before a single arbitrator with the Judicial Arbitration and Mediation Service ("JAMS") and pursuant to the then-existing JAMS arbitration rules. The place of arbitration will be Palo Alto, California unless otherwise agreed, and the arbitration will be conducted in English.

The parties agree that arbitration shall be conducted in their individual capacities only and not as a class action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You may opt out of the arbitration and class action waiver provisions by sending written notice to GoPowerEV within 30 days of the Effective Date. If you opt out of arbitration, GoPowerEV also will not be bound to arbitrate.

13. General Provisions

13.1 Export Compliance

The Service and other technology we make available may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You will not permit access or use of the Service in a U.S.-embargoed country, by any denied party, or otherwise in violation of any U.S. export law or regulation.

13.2 Entire Agreement

This Agreement, including any terms set forth within Your Account and our public website, is the entire agreement between you and us regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals or representations. No waiver of any provision will be effective unless in writing and signed by the party against whom the waiver is to be asserted.

13.3 Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

13.4 Third-Party Beneficiaries

There are no third-party beneficiaries under this Agreement.

13.5 Waiver

No failure or delay by either party in exercising any right under this Agreement constitutes a waiver of that right.

13.6 Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions will remain in effect.

13.7 Changes

GoPowerEV may revise this Agreement from time to time by posting a revised version on its website. Any such revised version will take effect as of the date of posting or such later date set forth in a notice to you.

13.8 Force Majeure

Except for payment obligations, neither party will be liable for inadequate performance to the extent caused by a condition beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, Internet service provider failure or delay, or denial of service attack).

13.9 US Government Rights

Each software component we use to provide the Service is a "commercial item" as defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation." If Customer is an agency of the US Government or any contractor therefor, Customer only receives those rights with respect to the Service and Documentation as are granted to all other end users, in accordance with the applicable Federal Acquisition Regulation provisions.