THE JPLUG APPLICATION IS PROVIDED BY JPLUG.IO CORP. THESE TERMS OF USE ARE ENTERED INTO BETWEEN YOU AND JPLUG.IO CORP.
The following terms of use, together with any additional terms they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of: (i) any EVCS operating on or otherwise using our proprietary charger management software for controlling access to and operation of the EVCS (the "Network Services"); (ii) any other mobile device software provided by us to you, including our JPlug mobile application and our JPlug web application available at https://www.JPlug.co/app (such website, the "JPlug Website", and together with our mobile application and web application and any Reseller Application, the "JPlug Application"); (iii) any text, pictures, media, data, information and other materials or content contained on or provided through the JPlug Application (collectively, the "Content"); and (iv) all other content, products or services provided by us to you, as more particularly described on the JPlug Application, including, unless otherwise stated in JPlug Reseller Terms, the Payment Processing Services. The foregoing (i) through (iv) is collectively referred to as the "JPlug Solution" throughout these Terms of Use. The term "EVCS" means electric vehicle charging station(s) and related equipment. The term "JPlug Reseller Terms" refers to the agreement between JPlug and its applicable Reseller.
These Terms of Use form an agreement between you and: (i) JPlug Inc. if you are using the JPlug Solution in Canada; or (ii) JPlug USA Inc. if you are using the JPlug Solution in the United States (collectively, "JPlug", "us", "we", "our"). The term "you" or "User" refers to the person or entity browsing, installing, downloading, accessing or otherwise using the JPlug Solution ("use" or "using" in these Terms of Use will mean any of the foregoing).
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE AND WILL IMMEDIATELY CEASE ANY FURTHER ACCESS OR USE OF THE EVCS OR OTHER JPLUG SOLUTION. BY CLICKING TO ACCEPT THESE TERMS OF USE, SIGNING IN TO THE JPLUG SOLUTION USING YOUR EMAIL ADDRESS OR PHONE NUMBER, OR BY USING THE JPLUG SOLUTION IN ANY WAY, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION PROVIDED BY YOU TO US THROUGH THE JPLUG SOLUTION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1.
1. Changes to these Terms of Use and the JPlug Solution
Except where prohibited or restricted by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use or the JPlug Solution at any time. When we change these Terms of Use, we will post the updated version to the JPlug Application.
2. Suspension of Access
We may, at our discretion, suspend your access to or use of the JPlug Solution or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; (iii) to address any emergency security concerns; (iv) to modify the JPlug Solution; or (v) if required to do so or permitted by applicable law.
3. Your User ID and Account
In order to charge your electric vehicle with an EVCS and to access certain other features of the JPlug Solution, you will be required to successfully sign up for a JPlug user account. You will keep your User ID, Account and Authentication Method secure and will not grant access to or otherwise share your User ID, Account and Authentication Method with any other person.
4. Electronic Communications
When you use or view the JPlug Solution or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically.
5. User Data
You grant to us and our affiliates and service providers an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable licence to access, collect, use, process, store, disclose, transmit, copy, modify and display User Data for the purposes of providing and improving the JPlug Solution.
6. Privacy
You authorize JPlug to collect, use, disclose, and otherwise handle personal information in accordance with the JPlug Privacy Policy.
7. Fees and Payment
Unless otherwise indicated on the EVCS, each time you charge your vehicle at an EVCS utilizing the JPlug Solution you will be required to pay usage fees to the Site Host. All Fees paid by you to JPlug are final and non-refundable, unless otherwise determined by JPlug.
8. License to and Ownership of the JPlug Solution
Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the JPlug Solution. All right, title and interest, including intellectual property rights, in the JPlug Solution will remain the sole property of JPlug.
9. Your Responsibilities
You will not use the JPlug Solution in violation of these Terms of Use or in violation of any applicable law. You will use best efforts to prevent unauthorized access, promptly notify us of illegal activity, and ensure your electric vehicle is in good working order.
10. Feedback
You agree that any suggestion or idea provided by you ("Feedback") will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback.
11. Malicious Code and Security
The downloading and viewing of Content are done at your own risk. We do not guarantee or warrant that the JPlug Solution is compatible with your computer system or mobile device or that the JPlug Solution will be free of viruses, worms, or other malicious code.
12. Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JPLUG SOLUTION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE JPLUG PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES. TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $100 CAD.
14. Indemnification
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE JPLUG PARTIES FROM AND AGAINST ANY CLAIMS ARISING OUT OF YOUR USE OF THE JPLUG SOLUTION OR YOUR BREACH OF THESE TERMS OF USE.
15. Term and Termination
These Terms of Use will commence on the day you first use the JPlug Solution and will remain in effect until terminated by either party.
16. General Provisions
Choice of Law: These Terms of Use will be governed by the laws of the Province of Ontario (Canada) or the State of Delaware (United States), as applicable.
Entire Agreement: These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof.
English Language: It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
If you have any questions or comments regarding these Terms of Use, please contact us at jplug.io/contact.