EVCS App

TERMS AND CONDITIONS

EVCS Charging Solutions, Inc. dba EVCS ("Us" or "We" or “EVCS”) provides the EVCS App, web based app and various related services (collectively, the "App") to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms and Conditions"), as well as any other written agreement between us and you.

In addition, when using particular services or materials on this App, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

If you do not agree to these Terms and Conditions, you are not authorized to access or use the App, and you must cease using our software and services. 

These Terms and Conditions are effective as of July 1st, 2020. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this App and these Terms and Conditions from time to time and to familiarize yourself with any modifications.

 Your continued use of this App after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

We reserve the sole right to either modify or discontinue the App, including any of the App’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this App shall also be subject to these Terms and Conditions.

Our Services

These Terms and Conditions cover services that the App provides to you (whether you have a subscription or not), in particular, but not limited to:

●     EVCS app;

●     EVCS web page;

●     EVCS app account;

●     Our collection of fees on behalf of owners of EVCS enabled charging stations;

Your Obligations

You agree to:

●     Pay all fees incurred by using the App for access to EVCS enabled charging stations.

●     Pay any fees associated with parking services and other fees charged by the site owner.

●     Use the App in accordance with these Terms and Conditions along with any additional instructions provided by us.

●     Obey all applicable laws and regulations associated with the location where the EVCS enabled charging station is located.

●     Promptly review your session invoices and notify us of any issues. If you do not notify us of any fee issues within 12 weeks, the fees will be deemed valid.

●     Never share your App with any other third party

●     Keep your login information and payment information secret at all times. If you find that your login credentials have been compromised, you promise to contact us immediately.

Use of our Services
All text, graphics, sounds, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, computer code and other material (collectively, "Material") from Our Services may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without our prior consent EXCEPT that you may download one copy of the Material on one computer and one mobile device for your personal, non-commercial, home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the Material in any other manner or for any other purpose violates our intellectual property rights. The Material from Our Services is provided for lawful purposes only.

Privacy

Our Services collect personally identifiable information (such as but not limited to names, credit cards, address and email). We are concerned with privacy of all and the safety all who access the Internet. We use industry standard technology to protect your personally identifiable information.  Please review our privacy policy at evcs.com (which is incorporated by reference) for more details about your rights (including the CCPA, should it apply to you), in addition to these sections.

Location

We collect information about your approximate location (city/town associated with your IP address) and or the precise location information of your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.

Advertisements and Cookies

We may use an independent ad company to display ads on our app or on physical displays in the EV chargers. These ads may contain cookies or other tracking software (collectively “Cookies”). Cookies received with banner ads are collected by the ad company. We share some customer data with advertisers.  Advertisers that serve ads on our web site may also use their own cookies. These cookies collect their own information independent of EVCS’s activities. 

Credit Card Information, Fees and Charges

A credit card is required to use Our Services.  We will store your credit card information using industry standard security.  You may create an EVCS account without providing credit card information. If you do not provide credit card information, you will be prompted to provide that information when you attempt to access an EVCS enabled charging station that requires payment. In any event, your credit card will not be charged until the first time you use the App at an EVCS enabled charging station that requires payment.

EVCS may close your account after giving notice pursuant to any applicable statutory provisions and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at EVCS’s sole option, all reasonable necessary fees, costs or other expenses (including, without limitation, statutory lawyers’ fees (if any)) incurred by EVCS in connection with its collection efforts.

Auto Billing

We may provide for an automatic payment plan, in which case your fees will be charged to the credit or debit card you have on file. As a condition to you using an automatic payment plan, you agree to the following:

(a) You authorize us and/or our third party service providers to keep your payment card information on file and to charge the card on file for the fees or charges incurred.

(b) We or our third party service providers may e-mail you with the details of the automatic payment plan.

(c) If your card account on file is closed or the account number is changed, or if, for any reason, a charge is rejected by your card issuer, you must update your card information or add a new card number in your account within Our Services.

Third Party Apps

This App may link you to other apps or websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.

These other apps, sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the App or party by us, or any warranty of any kind, either express or implied.

Consent to Monitoring

We reserve the right to monitor your use and activities on Our Services, and you acknowledge and agree that we may (but are not required to) do so, and that we may disclose any such information, if and as we deem appropriate for purposes of ensuring your compliance with these Terms, applicable law, cooperating with legal authorities, and otherwise protecting our rights, property and interests.

Intellectual Property

All custom graphics, icons, logos, and service names used on the App are registered trademarks, service marks, and/or artwork held under copyright of EVCS or its Affiliates. All other marks are property of their respective owners. Nothing in these Terms and Conditions grants you any right to use any trademark, service mark, logo, and/or the name or trade names of EVCS or its Affiliates.

Disclaimer of Warranties

Content available through this App often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized EVCS spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this App for further information, which policies are incorporated by reference into these Terms and Conditions.

You understand and agree that temporary interruptions of the services available through this App may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this App, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this App are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. We are also not liable in the event any charging station is not functioning due to reasons that are not in our control, such as damage caused by third parties, or power outages.

International Use

Although this App may be accessible worldwide, we make no representation that materials on this App are appropriate or available for use in locations outside those countries where we operate and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this App is void where prohibited.

 User Account and Password

If you register for Our Services, you will create an account and will need to provide a username, password and valid email address. You may never use another person's account. When creating your account, you must provide true, accurate, current and complete information about yourself as prompted by our registration form or other request, and maintain and promptly update your registration data to keep it true, accurate, current and complete.

You are solely responsible for maintaining the confidentiality of the username, password and account, and you are solely responsible for all activities that occur under or in connection with your username, password or account.

You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

We are not and shall not be liable in any manner for any losses caused by any unauthorized use of your account, or any claims of loss or damage arising from your failure to comply with these account and password requirements. You may however be liable for any losses incurred by us or other parties due to any such unauthorized use or your failure to comply with these account and password requirements.

Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Consent to Electronic Communications

When you use Our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You further agree that any notices provided electronically by us are deemed to be given and received on the date any such electronic communication is transmitted. Please be aware that emails to you from us may be routed to your "Spam" or "Junk" folder. It is your responsibility to check your "Spam" or "Junk" folder, to change your settings to allow emails from us if needed, and to inform us if you change your email address.

Governing Law

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by California law, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the App shall be instituted exclusively in the federal courts of US in the Central District of California.

Prohibited Conduct

You acknowledge and agree that you are fully responsible and liable for your use of Our Services and any consequences thereof, including for any Content you access or transmit via Our Services and material that results from your use of Our Services, and that you shall bear all risks regarding use of Our Services.

You agree not to use Our Services to engage in any prohibited conduct, including but not limited to conduct that violates any applicable law or regulation, our rights, or the rights of any third party.

USE OF OUR SERVICES FOR THE FOLLOWING ACTIVITIES IS STRICTLY PROHIBITED:

(a) Invasion of Privacy. Using Our Services for activities that invade another’s privacy.

(b) Intellectual Property Right Violations. Using Our Services to engage in any activity that infringes or misappropriate the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

(c) Obscene or Indecent Speech or Materials. Using Our Services to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. We shall fully cooperate with law enforcement if we become aware of any use of Our Services in any connection with child pornography, the solicitation of sex with minors, or any other obscene or indecent use.

(d) Harassment, Defamatory or Abusive Language. Using Our Services to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.

(e) Hacking or Unauthorized Access. Using Our Services to access illegally, or without authorization, the computers, accounts, equipment or networks belonging to us or another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

(f) Distribution of Computer Viruses, Trojan Horses or Other Destructive Activities. Using Our Services to participate in or distribute information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mail bombing or denial of service attacks. Using Our Services for activities that disrupt the use of or interfere with the ability of others to effectively use Our Services or any connected network, system, service or equipment.

(g) Facilitating a Violation of these Terms. Using Our Services to advertise, transmit or otherwise make available any software product, product or service that is designed to violate these Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

(h) Unsolicited Commercial Email/Unsolicited Bulk Email. Using Our Services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that email is commercial in nature, are prohibited, including where email is generated by third party software such as a virus or malware. Using deliberately misleading headers in emails sent to multiple parties is strictly prohibited.

(i) Collection of Personal Data. Using Our Services to collect, or attempt to collect, personal information about third parties or us without their knowledge or consent.

(j) Resale. The sale, transfer or rental of Our Services to customers, clients or other third parties, either directly or as part of a service or product created for resale.

(k) Spamming. Purposefully using Our Services in a way to adversely affect our network and Operations. Acts include, but are not limited to, sending unsolicited and/or unwarranted communications (i.e., “Spam), creating fake and/or automated user accounts, and imposing an unreasonable and/or disproportionately large processing load on the App.

Our Proprietary Rights

You acknowledge and agree that all content included in or made available through Our Services, such as graphics, logos, button icons, images, text, digital downloads and data compilations or other material contained or distributed on or through Our Services by us is our property or our content suppliers" property and is thereby protected by United States and international copyright laws. You may not use, reproduce or distribute any Material without our prior written consent, except as permitted by law.

You also acknowledge and agree that all graphics, logos, page headers, button icons, scripts, and service names included in or made available through Our Services are our trademarks or trade dress ("Trademarks"), or used by us with permission. Our Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or users, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in Our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

You acknowledge and agree that Our Services and any software used in connection with Our Services ("Our Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All Our Software shall remain our property and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Software, in whole or in part.

Off-Site and/or Linked Content

EVCS and/or any Associated Entity is/are not in any manner responsible for any content, material, images or information contained in, or set forth, displayed or otherwise presented on, any site, page, file, document, or the like that this Site links to (by hypertext links or other means), lists, references or directs the User to (collectively 'Off-Site Content').  EVCS and/or any Associated Entity is/are not in any manner responsible for any injury, harm, liability, cause of action, including but not limited to libel, slander, defamation, fraud, and/or any other action based on or arising from any omission, error, misrepresentation, inaccuracy, misstatement, misdirection, obscenity, profanity, pornography, resulting from and/or related to any Off-Site Content, and/or from the use or viewing of any site, page, file, document, or the like containing Off-Site Content.  EVCS and/or any Associated Entity make no endorsement, representation, guarantee and/or warranty as to the authenticity, accuracy, integrity, quality, completeness or correctness of the Off-Site Content.  The User of this Site uses all Off-Site Content at his or her own risk.

Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. We may terminate access to Our Services for users whom we believe to be infringers, at our sole discretion.

It is our policy to respond expeditiously to claims of infringement. We will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable laws.

If you believe in good faith that your copyrighted material has been posted on Our Services in violation of any applicable rights or licenses, and you want this material removed, you must provide us with a written communication that details the information listed in this section.  Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing, may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification. To file a copyright infringement notification with us, email us at info@evcs.com providing substantially the following information:

(a) Name and contact information (including name, address, telephone number and email address) for the person authorized to act on behalf of the owner of an exclusive copyright interest that is allegedly infringed.

(b) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of alleged infringed copyrighted works.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including a link or description of where the claimed infringing Content is located on Our Services so that we are capable of finding and verifying its existence.

(d) Contact information, including identification of the copyright owner including name, address, telephone number and email address.

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate, and that the complaining party is authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.

Release

In the event that you have a dispute with a third party, you agree to release us (including our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with such third parties or to your use of Our Services. We reserve the right to monitor disputes between you and such third parties.

Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: "A general release does not extend to claims which the creditor 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."

To the extent that we attempt to resolve a dispute between users, which we are not required to do, we will make such an attempt in good faith based on our policies and these Terms.

Indemnity

You agree to promptly and completely indemnify and hold harmless us, our owners, and our and their suppliers and licensors, officers, directors, employees, agents, affiliates and representatives from any claim, liability, loss, damage, cost, or expense (including, without limitation, all costs of defense, including reasonable attorneys" fees, court costs, the costs of investigation and any appeal and damages) arising out of or in any way related to (a) your use and any actions taken by you in connection with your use of Our Services (including the Website, Mobile Applications and Mobile Sites); (b) Content you submit, post to or transmit through Our Services; (c) your connection to Our Services; and (d) any violation of any third party's rights or a violation of law or regulation, or any breach of these Terms. Such indemnification shall not be construed to limit or exclude any other claims or remedies that we may assert under these Terms, by law or in equity, all of which are hereby expressly reserved.

Dispute Resolution

(a) Informal Resolution. If a "Dispute" arises under these Terms, the parties will first attempt in good faith to resolve the Dispute by negotiation and consultation between or among themselves. For purposes of these Terms, "Dispute" means a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof.

(b) Arbitration. In the event that a Dispute is not resolved on an informal basis within fifteen (15) days after one party provides notice to the other party of such Dispute, then the Dispute, including the determination of the scope or applicability of these Terms to arbitrate, will be determined by arbitration in Los Angeles, California, or another location agreed to by the parties. The arbitration will be administered by ADR Services. The arbitration will be held before a sole arbitrator and will be binding with no right of appeal.

(c) Conduct of Arbitration. The arbitration will be conducted pursuant to the ADR Services Standard Arbitration Rules. The arbitration will be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand will be deemed denied.

(d) Selection of Arbitrator. The parties involved in the Dispute will select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the senior administrator of ADR Services will select an independent arbitrator.

(e) Class Action Procedures. The parties involved in the Dispute expressly intend and agree that class action, collective action and representative action procedures shall not be asserted, nor shall they apply, in any arbitration pursuant to these Terms; that neither party shall assert a class, collective or representative claim against the other, in arbitration or otherwise; and that each of the parties shall submit only its own, individual claims to arbitration and will not seek to represent the interests of any other person.

(f) Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the parties, and may award attorneys" fees in the arbitrator’s discretion.