EULA - Evlution

END USER LICENSE AGREEMENT

1. TERMS OF USE

By downloading the EVlution Mobile Application or using the EVlution QR code Application (“Mobile Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use as may be amended at EVlution Charge Inc’s sole discretion from time to time.

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings except where the context otherwise requires:

“Account” means an account created by a User on the Mobile Application as part of Registration.
“Privacy Policy” means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.
“Register” means to create an Account on the Mobile Application and “Registration” means the act of creating such an Account.
“Services” means all the services provided by EVlution via the Mobile Application to Users, and “Service” means any one of them.
“Users” means users of the Mobile Application, including you, and “User” means any of them.
“Charging transaction” means the act of charging an electric vehicle.

3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any charging transactions are subject to these Terms and Conditions of Use.

3.2 Prevention on use: We reserve the right to prevent you from using the Mobile Application and the Service (or any part of them) and to prevent you from making any charging transactions.

3.3 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone, handheld device, or other necessary equipment to access the Mobile Application or the Services or make any Charging transaction. You will require Internet connectivity and appropriate telecommunication links to use the Mobile Application or Services or charge an electric vehicle. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

3.4 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer to use the Mobile Application.

4. CHARGING TRANSACTION

4.1 Need for registration: Register to make a charging transaction from the Mobile Application.

4.2 Application of these Terms and Conditions of Use: By making any Charging transaction, you acknowledge that the application is subject to these Terms and Conditions of Use.

4.3 Charging transaction: Any attempted Charging transaction not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our or the relevant Site owner’s discretion.

5. LOCATION ALERTS AND NOTIFICATIONS

You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application from EVlution Charge Inc. or the Site owner if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

6. YOUR OBLIGATIONS

6.1 Site Owner: You agree to (and shall) abide by the terms and conditions of the relevant Site Owner to which your charging transaction relates as may be amended occasionally.

6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete, and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

6.3 Content on the Mobile Application and Service: Before making any charging transaction, you must ensure that any data payment information available through the Mobile Application or the Services meets your specific requirements.

6.4 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:

(a) For a purpose other than which we have designed them or intended them to be used.
(b) For any fraudulent purpose.
(c) Other than conformance with accepted Internet practices and practices of any connected networks.
(d) In such a way as to commit any act that would or does impose an unreasonable or disproportionately large load on our infrastructure.
(e) Furnish false data, including false names, addresses, and contact details, and fraudulently use credit/debit card numbers.
(f) Attempt to circumvent our security or network, including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks (such as running a port scan).
(g) Execute any form of network monitoring that will intercept data that is not intended for you.
(h) Enter into fraudulent interactions or transactions with us or a Site Owner.
(i) Extract data from or hack into the Mobile Application.
(j) Use the Services or Mobile Application in breach of these Terms and Conditions of Use.
(k) Engage in any conduct that, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the EVlution charging network.

7. RULES ABOUT THE USE OF THE SERVICE AND THE MOBILE APPLICATION

7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors, or omissions. In the event of any such error, fault, or omission, you should report it by contacting EVlution service support.

7.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted, and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, promptly, or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted, or terminated at any time.

7.3 We reserve the right to change, modify, substitute, suspend, or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. To avoid doubt, we reserve the right to withdraw any information or services from the mobile application at any time.

7.4 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion, may give rise to a breach of these Terms and Conditions of Use.

8. SUSPENSION AND TERMINATION

8.1 If you use (or anyone other than you with your permission uses) the Mobile Application or any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.

8.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you in a form we deem acceptable that there will be no further breach of the provisions of these Terms and Conditions of Use.

8.3 EVlution may discontinue, suspend, or modify the App at any time without notice and may block, terminate, or suspend your access to the App without notice for any reason in its sole discretion, even if access continues to be allowed to others.

9. DISCLAIMER AND EXCLUSION OF LIABILITY

9.1 The Mobile Application, the Services, the information on the Mobile Application, and the use of all related facilities are provided on an “as is, as available” basis without any warranties, whether express or implied.

9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including any inaccuracies or omissions in the Mobile Application and warranties of charging station availability or quality.

9.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error-free, or free from computer virus or other invasive or damaging code, or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment, facilities, power, or telecommunications, lack of telecommunications equipment or facilities, and failure of information technology or telecommunications equipment or facilities.

9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations regarding its accuracy, timeliness, or completeness.

9.5 We shall not be liable for any acts or omissions of any third parties, howsoever caused, and for any direct, indirect, incidental, special, consequential, or punitive damages howsoever caused resulting from or in connection with the Mobile Application and the services offered in the Mobile Application, your access to, use of, or inability to use the Mobile Application or the services offered in the Mobile Application, reliance on or downloading from the Mobile Application and/or services, or any delays, inaccuracies in the information or in its transmission, including but not limited to damages for loss of business or profits, use, data, or other intangible, even if we have been advised of the possibility of such damages.

9.6 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot and do not warrant that data transfers pursuant to the Mobile Application or electronic mail transmitted to and from us will not be monitored or read by others.

10. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit, or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN, and/or any identifier number allocated by EVlution or its related Partners, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs, and interest in connection with such claim, action, suit, or proceeding.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All content, information, photographs, illustrations, and other graphic materials, names, logos, and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties and belong to us and/or our suppliers as the case may be. These works, logos, graphics, sounds, or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated, whether in whole or in part unless expressly permitted by us and/or our suppliers as the case may be.

11.2 Nothing contained in the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or other content displayed on the Mobile Application is prohibited.

12. AMENDMENTS

12.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.

12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. APPLICABLE LAW AND JURISDICTION

13.1 The Mobile Application can be accessed from all countries around the world where the local technology permits, as each of these places has differing laws; by accessing the Mobile Application, both you and we agree that the laws of Canada, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.

13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Canada in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

14. Privacy Policy

14.1 By accessing the Mobile Application and continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Mobile Application and your use of the Services.

14.2 As part of the normal operation of our Services, we collect, use, and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy so that you can understand how we collect, use, communicate, disclose, and make use of your personal information when you use the Services on the Mobile Application.

(a) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
(b) We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes unless w
(c) We will only retain personal information as long as necessary for the fulfillment of those purposes.
(d) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
(e) Personal information should be relevant to the purposes for which it is to be used and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
(f) We will protect personal information by reasonable security safeguards against loss or theft as well as unauthorized access, disclosure, or modification.

15. Use of the EVlution App and Network Connected Chargers

15.1 The terms and conditions of this EULA apply to all use of the EVlution App and any electric vehicle charger connected to our network (Network).

15.2 If you sign up to receive additional services from us or any of our customers through the Mobile Application, then additional terms and conditions will apply.

16. Scope of Services

16.1 The Mobile Application is available for the following purposes:

(a) To permit an electric vehicle operator to charge the electric vehicle with a Network connected electric vehicle charger;
(b) To facilitate payment for the use of a Network connected electric vehicle charger;
(c) To set up and access a user account, which records certain particulars and allows the above purposes to be achieved without entering all particulars each time the electric vehicle operator wishes to charge their vehicle.

16.2 EVlution Charge Inc. does not own and is not responsible for the availability and maintenance of network-connected electric vehicle chargers, and this is the responsibility of the owner of that asset. If EVlution Charge Inc. becomes aware of any issues with a network-connected electric vehicle charger, it will endeavour to cause the owner to rectify the issue and post a notice on the Mobile Application while that asset is affected by the issue; however, we cannot guarantee that all faults will be posted on the Mobile Application at all times.

17. Data Privacy and Subcontracting Notice

17.1 Different brands of electric vehicle chargers are controlled by manufacturers in countries outside Canada, and they may be subject to laws other than those of Canada. EVlution Charge Inc. does not contract with and has no control over electric vehicle charger manufacturers' data and privacy practices. Electric vehicle chargers may access and record certain data from your electric vehicle, and this information may be accessed by the manufacturer and third parties to whom the manufacturer grants access.

17.2 The Mobile Application relies on third-party suppliers to process and store data and control certain features of the Mobile Application. EVlution Charge Inc. contracts with these third-party suppliers to govern the delivery of their services, but they have no operational control over them. Such third-party suppliers have access to information on the Mobile Application, on the electric vehicle chargers, and otherwise accessible through our services. These third-party suppliers may be located outside of Canada and are subject to laws other than Canadian laws, which may require a lower level of protection for your data and personal information.

18. Data Security

18.1 Any information that you transmit to the Mobile Application is transmitted at your own risk. If you become aware of any problems with the security of the Mobile Application, you must inform EVlution Charge Inc. immediately.

18.2 If you submit any information on the Mobile Application, it will be handled in accordance with our privacy policy, which is included in these terms and conditions. We may update the privacy policy at any time, and you are responsible for being aware of its provisions from time to time.

19. Warning

19.1 EVlution Charge Inc. strongly recommends that you do not deplete your electric vehicle battery below the manufacturer's recommended minimum charge and ensure that sufficient charge remains in the battery at all times so that you can access a suitable charger. Please take note of the notices in sections 6, 7, 8, and 9.

20. Infrastructure Notice

20.1 Certain electric vehicle chargers place significant loads on the electricity grid and, as such, are dependent on the local area's supply. Supply is inconsistent in all places, and high-consumption devices can be throttled, disconnected by grid operators, or otherwise be subject to paucity of supply. This may cause difficulties while charging an electric vehicle or may prevent the use of the charger at all. EVlution Charge Inc. has no control over supply or any infrastructure-related limitations that may affect the use of any particular electric vehicle charger.

21. Location and Accessibility Notice

21.1 Certain electric vehicle chargers may be subject to access restrictions or otherwise in locations affected by external factors that limit accessibility. These include, without limitation, construction, road closures, congestion, business hours, after-hours operation, maintenance works, repair works, and others.

22. Electric Vehicle Charger Notice

22.1 Some electric vehicle chargers use certain safety and functional features to manage the charging of electric vehicles. Such features may include plug locks, plug ejection devices, plug shapes and sizes to enforce compatibility between the vehicle and the charger, electronic and software processes to enforce compatibility between the vehicle and charger, and other means to ensure safety and to initiate, conduct, and conclude a charge.

22.2 EVlution Charge Inc. is not responsible for taking any action that causes damage to the charger or an electric vehicle. Further, you must not use excessive force when plugging in a cable, unplugging the cable, or otherwise operating the charger. You indemnify EVlution Charge Inc. and will keep EVlution Charge Inc. indemnified against all loss and damage caused or contributed by you during your use of any network-connected charger.

23. Vehicle Charge Time and Functionality Notice

23.1 Charge times for your electric vehicle are affected by many factors, including the capacity of your electric vehicle, the capacity of the electric vehicle charger, and the compatibility of the communication protocols used by each.

23.2 Certain chargers must be operated in a certain manner to ensure that:

(a) The vehicle can be connected to the charger;
(b) The vehicle can accept a charge from the charger;
(c) The vehicle can be disconnected from the charger (which may be locked during charging for safety reasons);
(d) The appropriate fee is billed to your Mobile Application account.

23.3 You are responsible for reviewing and following all relevant instructions and directions in relation to your use of any Network connected electric vehicle charger and your electric vehicle, and without limiting any other part of this EULA, EVlution Charge Inc. is not responsible for any damage that you cause to you, your vehicle, an electric vehicle charger, or to anyone else through the use of our services.

24. Intellectual Property Rights Statement

24.1 All intellectual property rights in the Mobile Application, including those relating to design, text, graphics, logos, icons, sound recordings, and all software related to the Mobile Application, belong to or are licensed by EVlution Charge Inc. These rights are protected by Canadian and international laws.

24.2 You may not, in any form or by any means, copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, publish, post, or frame within another website or create derivative works from any part of the Mobile Application or commercialize any information obtained from any part of the Mobile Application without EVlution Charge Inc's prior written consent.

25. Linked Websites

25.1 The Mobile Application may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. EVlution Charge Inc. is not responsible for the content or privacy practices associated with those linked websites.

26. Warnings

26.1 You must ensure that your access to the Mobile Application is not illegal or prohibited by laws which apply to you.

26.2 You acknowledge and agree that:

(a) EVlution Charge Inc. does not provide any warranties for the Mobile Application.
(b) EVlution Charge Inc. maintains complete editorial control over the Mobile Application and may alter, amend, or cease its operation at any time in its sole discretion.
(c) The Mobile Application will not operate on a continuous basis and may be unavailable from time to time.
(d) You must take your own precautions to ensure that the process you employ for accessing the Mobile Application does not expose you to the risk of viruses, malicious computer code, or other forms of interference that may damage your own computer or software.

27. Indemnity

27.1 You indemnify and will indemnify, on an ongoing basis, EVlution Charge Inc. for all loss or damage, penalties, fines, expenses, and costs (including legal costs) which arise out of or relate to your use of the Mobile Application and any Network connected electric vehicle charger, any information that you provide to EVlution Charge Inc. via the Mobile Application or any damage that you may cause to the Mobile Application. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement. The only exceptions to this clause 27 are set out in clause 22.

28. Governing Law and Jurisdiction

28.1 If a dispute arises regarding these terms of use, the laws of Alberta, Canada, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the province of Alberta, Canada.