Driver Terms and Conditions

Last Updated: November 20, 2024

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://app.jplug.io/ (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.io Corp. if you are using the JPlug Solution in Canada; or (ii) JPlug.io 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).

These terms of use are entered into by you and JPlug, regardless of whether the EVCS or the application from which you access the JPlug Solution displays the branding of JPlug or a third party. These Terms of Use relate to the JPlug Solution only and do not alter in any way the terms or conditions of any agreement (“Site Host Agreement”) that you may have entered into with a third party (each, a “Site Host”) that owns, operates or otherwise controls a particular EVCS at a particular location (an “EVCS Location”) or any agreement that you may have entered into, directly or indirectly, with one of our authorized resellers, network operators or distributors (each, a “Reseller”) for the access to or use of the Network Services (“Reseller Agreement”). 

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. 

YOU FURTHER UNDERSTAND AND AGREE THAT: (A) JPLUG WILL COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION (INCLUDING INFORMATION ABOUT YOUR CHARGING SESSIONS) IN CONNECTION WITH PROVIDING THE JPLUG SOLUTION; (B) JPLUG MAY DISCLOSE YOUR PERSONAL INFORMATION TO THE APPLICABLE SITE HOST OF EACH EVCS LOCATION FROM WHICH YOU’VE ACCESSED THE NETWORK SERVICES AND TO ANY APPLICABLE RESELLER THAT YOU USE TO ACCESS THE NETWORK SERVICES; (C) YOU AUTHORIZE JPLUG TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE JPLUG PRIVACY POLICY AVAILABLE BELOW AS UPDATED BY JPLUG FROM TIME TO TIME; (D) YOU AUTHORIZE RESELLERS AND SITE HOSTS TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THEIR OWN SEPARATE PRACTICES AND PRIVACY POLICIES WHICH YOU SHOULD OBTAIN AND REVIEW. PLEASE NOTE THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN CLAIMS BETWEEN JPLUG AND YOU. PLEASE SEE SECTION 12 (DISCLAIMER), SECTION 13 (LIMITATION OF LIABILITY) AND SECTION 14 (INDEMNIFICATION) FOR MORE DETAILS.

If you have any questions or comments regarding these Terms of Use, or if you believe that JPlug has not complied with these Terms of Use, please contact us using the contact information available at https://jplug.io/contact-us/. We will do our best to address your questions or concerns.

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 of these Terms of Use to the JPlug Application. If required by applicable law, we will also provide you with prior notice of the change by sending you an email or notifying you by some other means.
If you reside in Canada and  you do not agree with the change, you may cancel these Terms of Use as set out herein. If required by applicable law, we may require you to provide consent to the change in a specified manner. If you do not agree to the change after receiving a notice from us of such change, you will stop using the JPlug Solution. Otherwise, your continued access to or use of the JPlug Solution after any changes to these Terms of Use or the JPlug Solution indicates your acceptance of such changes.
If you reside in the United States, unless you first reject the updated Terms of Use by discontinuing all use of the JPlug Solution and sending a notice of termination using the following link: https://jplug.io/contact-us . You will be deemed to accept the changes and they will take effect at the “Update Effective Time”, which is the earlier of: (a) 11:00 a.m. Eastern time on the 30th day after JPlug posts them (or a later date that we specify in the update, if any); (b) your first ever use of a new or changed feature of the JPlug Solution that is subject to the updated part of the Terms of Use, or (c) your taking some other action to specifically accept the updated Terms of Use, such as clicking to accept them. You must  promptly cooperate with any request from us to authenticate that you are the account holder and that you are the actual sender of the termination notice. You agree to review these Terms of Use periodically to ensure that you are familiar with the most recent version. You are prohibited from using the JPlug Solution after sending a notice of termination, except as may be necessary to follow any instructions we may provide for authentication of your identity and request. If you violate this requirement and do use the JPlug Solution after sending a notice of termination, your termination notice will be void as if it had never taken effect, and the updated Terms of Use will take effect (or will have taken effect) at the Update Effective Time.
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. You may need to update third party software from time to time, at your sole cost and expense, in order to use the JPlug Solution.

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 either: (i) through the JPlug Application; or (ii) through a Reseller’s website or mobile application (a “Reseller Application”) using login credentials (the “User ID”) and the available interfaces within the JPlug Application or Reseller Application, as applicable (an “Account”).
JPLUG OFFERS A SINGLE SIGN-ON EXPERIENCE FOR THE JPLUG APPLICATION AND ALL RESELLER APPLICATIONS. THEREFORE, YOU WILL BE REQUIRED TO SIGN UP FOR AN ACCOUNT REGARDLESS OF WHETHER THE EVCS OR THE APPLICATION FROM WHICH YOU ACCESS THE JPLUG SOLUTION DISPLAYS THE BRANDING OF JPLUG OR A THIRD PARTY. IN ADDITION, BY CREATING AN ACCOUNT ON A RESELLER APPLICATION, YOUR ACCOUNT ON THE JPLUG APPLICATION AND ALL OTHER RESELLER APPLICATIONS WILL SIMULTANEOUSLY AND AUTOMATICALLY BE CREATED USING THE SAME USER ID. SIMILARLY, BY CREATING AN ACCOUNT ON THE JPLUG APPLICATION, YOUR ACCOUNT ON ALL RESELLER APPLICATIONS WILL SIMULTANEOUSLY AND AUTOMATICALLY BE CREATED USING THE SAME USER ID. ACCORDINGLY, YOU MUST  USE THE SAME USER ID ASSOCIATED WITH YOUR ACCOUNT ON THE JPLUG APPLICATION AND EACH RESELLER APPLICATION YOU CHOOSE TO USE. REFERENCE IN THESE TERMS OF USE TO THE JPLUG APPLICATION INCLUDES THE RESELLER APPLICATION, AS APPLICABLE. 
After completing registration for an Account, you will be permitted to charge your electric vehicle at an EVCS using the JPlug Solution or a valid authentication method that is linked to your Account, which may include an RFID access card or any other authentication method that we make available to you from time to time (each, an “Authentication Method”). 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. Except for access to elements of the JPlug Solution in jurisdictions that mandate the availability of account-free access to such elements of the JPlug Solution, you will only access and use the JPlug Solution using your Account or Authentication Method. Nothing herein shall be interpreted to require you use an account, subscription or membership in a jurisdiction that prohibits such requirements.  You will immediately notify us if your User ID or Authentication Method is lost or stolen or if you become aware of any actual or suspected unauthorized use of your Account or Authentication Method.
You must provide us with true, accurate, current, and complete information relating to your Account. If we believe or suspect that your information is not true, accurate, current, or complete, we may deny or terminate your access to or use of the JPlug Solution. We reserve the right to disable any Account or Authentication Method issued to you at any time in our sole discretion. If we disable access to your Account or Authentication Method, you may be prevented from accessing or using the JPlug Solution or any portion thereof.
You agree to monitor and control all activity associated with your Account. JPlug is entitled to act on instructions received through your Account. JPlug is not responsible for any actions taken or transactions made to or from your Account by any other party using your User ID or Authentication Method. You are solely responsible for any and all use of your User ID, Authentication Method and all transactions or activities that occur under or in connection with the User ID and Authentication Method, including any charges incurred due to usage of the lost or stolen or unauthorized access to your User ID or Authentication Method. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the JPlug Solution and your Account, including terminating your Account or Authentication Method or changing your User ID. We may also request additional information from you to authenticate your Account prior to authorizing transactions on your Account. You agree to be responsible for any act or omission of any persons that access the JPlug Solution under your User ID and Authentication Method that, if undertaken by you, would be deemed a violation of these Terms of Use.

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. We will communicate with you by telephone, e-mail, by text message or by posting notices on the JPlug Solution. 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.
If you elect to receive text messages from us, including to receive one-time passcodes to log in to your Account if you forget your User ID, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the JPlug Solution. If you elected to receive text messages, you may withdraw your consent to receive such text messages by replying “STOP” to the phone number that you received the text messages from. 
By creating an Account to access the JPlug Solution, you acknowledge and agree that JPlug may send you service-related transactional e-mails relating to your Account, including service updates and invoices.
You are solely responsible for providing JPlug with accurate contact information for the purposes of any electronic communications between us and you, including your mobile device number and email address. Please keep us informed of any changes in your mobile device number, email, or mailing address so that you continue to receive all communications without interruption.

User Data

Except as expressly set forth in these Terms of Use, nothing in these Terms of Use assigns or grants to JPlug any right, title or interest, including any intellectual property rights, in and to, the data, information, records and files that you load, transmit to or enter into, or that we otherwise collect from your access to or use of, the JPlug Solution (collectively, the “User Data”). You are responsible for maintaining, protecting, and making backups of all User Data. To the extent permitted by applicable law, JPlug will not be liable for any failure to store, or for loss or corruption of any User Data.
You grant to us and our affiliates and service providers, and each of our respective licensees, successors and assigns, 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 (other than any User Data that constitutes personal information) to: (i) to develop, enhance, improve and make available the JPlug Solution, including for troubleshooting and reporting; (ii) to develop, enhance, improve and make available JPlug’s other products and services; (iii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”); and (iv) file, claim, retain or share Carbon Credits. The term “Carbon Credits” means low-carbon fuel standard credits, carbon offsets, renewable fuels credits, emissions reduction units, or other credits, benefits, reductions, offsets, and allowances available to JPlug. We and our affiliates and service providers, and each of our respective licensees, successors and assigns are free to create, process, store, transmit, disclose and otherwise use Aggregated Data during and after the Term for any purpose and without obligations of any kind. Aggregated Data is not User Data.

Privacy

As noted above, you authorize JPlug to collect, use, disclose, and otherwise handle personal information  for the purposes set forth in Section 4(b) above, as well as for other purposes in accordance with the JPlug Privacy Policy available below, as updated by JPlug from time to time.  We may disclose your personal information (including information about your charging session) to the applicable Site Host of each EVCS Location from which you’ve accessed the Network Services and to any applicable Reseller that you use to access the Network Services for the purposes of providing customer support, troubleshooting issues related to the EVCS, and to validate payment remittances from JPlug. You authorize the Reseller and Site Host to collect, use, disclose and otherwise handle your personal information in accordance with their own practices or privacy policies which we recommend that you obtain and review carefully.

Confidentiality

We do not guarantee the security of data transmitted in connection with your use of the JPlug Solution. You acknowledge that in the course of using the JPlug Solution, you may come into contact with our confidential information, and you agree to protect and keep confidential such confidential information and disclose it only as necessary to comply with these Terms of Use or with any applicable laws compelling disclosure. You agree that upon expiration or termination of these Terms of Use, you will destroy, return or delete any such confidential information in your possession.

Fees and Payment

Unless otherwise indicated on the EVCS, each time you charge your vehicle at an EVCS utilizing the JPlug Solution (each, a “Charging Session”) you will be required to pay usage fees to the Site Host that owns, operates or otherwise controls the EVCS Location (“EVCS Usage Fees”). The EVCS Usage Fees will include any and all excise, sales, use, value-added or other applicable taxes.   The EVCS Usage Fees will be calculated using the usage rate determined by the applicable Site Host or JPlug and will be displayed in the JPlug Solution. If required by the applicable Reseller or Site Host, you may also be required to pay an access fee the amount of which will be set out in the JPlug Solution (an “Access Fee”, and together with the EVCS Usage Fees, the “Fees”) for your access to an EVCS Location. You acknowledge and agree that, unless otherwise set out in an applicable Reseller Agreement or Site Host Agreement, JPlug will collect your payment of the Fees on behalf of the Site Host and remit such payment (less any amounts owing by the Site Host to JPlug) to the Site Host (collectively, the “Payment Processing Services”). 
YOU ACKNOWLEDGE AND AGREE THAT: (I) THE FEES ARE ESTABLISHED BY THE SITE HOST; (II) EVCS USAGE FEES MAY VARY BASED ON THE APPLICABLE SITE HOST OR THE APPLICABLE EVCS LOCATION; AND (III) A SITE HOST MAY, IN ITS DISCRETION, CHANGE EITHER OR BOTH OF: (A) THE EVCS USAGE FEES; AND (B) THE ACCESS FEE. IT IS YOUR OWN RESPONSIBILITY TO REMAIN INFORMED ABOUT THE CURRENT FEES FOR THE EVCS YOU USE BEFORE STARTING A CHARGING SESSION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, JPLUG HEREBY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS ARISING FROM, IN CONNECTION WITH OR RELATING TO THE FEES. YOU HEREBY REMISE, RELEASE AND FOREVER DISCHARGE JPLUG AND THE JPLUG PARTIES OF AND FROM ANY AND ALL CLAIMS WHATSOEVER WHICH YOU EVER HAD, NOW HAVE OR MAY HEREAFTER HAVE, WHETHER AT COMMON LAW, IN EQUITY, BY STATUTE OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR IN RESPECT OF THE FEES. 
At JPlug’s option and election and subject to Section 7(e), we may: (i) charge you the EVCS Usage Fees at the end of each Charging Session; or (ii) delay immediate processing of the charges for a particular Charging Session and later charge you the aggregate Fees you incurred in the immediately preceding 30-day period (the “Billing Cycle”). If we do not charge you at the end of each Charging Session, we may nonetheless process a pre-authorization for the amount of the Fees owing.  All Fees payable by you will be set out in the JPlug Application and JPlug will prepare and send to you, at the then-current contact information that you have on file with us, an invoice for the total amount of Fees incurred in connection with each Charging Session. You agree to remit payment for all such Fees in accordance with the payment terms set out in this Section 7.
All Fees paid by you to JPlug are final and non-refundable, unless otherwise determined by JPlug. Unless otherwise itemized in the JPlug Application, the Fees include all applicable taxes. All EVCS Usage Fees will be in the currency identified in the JPlug Application for the applicable Fees.
If JPlug is collecting your payment of the Fees, then you will provide JPlug or, if applicable, a third-party payment processor (the “Payment Processor”) with the information necessary to process a payment from you, including the billing information requested on the JPlug Solution or the applicable Payment Processor’s platform. The processing of payments and your relationship with the Payment Processor will be subject to the terms, conditions, practices and privacy policies of the Payment Processor, if any, in addition to these Terms of Use, including https://stripe.com/legal/consumer and https://stripe.com/privacy where Stripe is the Payment Processor. We are not responsible for any error by, or other acts or omissions of, any Payment Processor. You may pay for each Charging Session by credit card or any other manner then available on the JPlug Solution or applicable Payment Processor’s platform. By submitting your payment information to us or the Payment Processor, you authorize us or the Payment Processor to charge the applicable payment method at our or their convenience, or as provided in the applicable payment network rules, including multiple attempts to charge the applicable payment method where prior charging attempts are unsuccessful. You represent and warrant that you will not use any credit card or other form of payment, unless you have all necessary authorization to do so.  We and any Payment Processor are not liable in the event persons acting with or without your permission use your credit card or other method of payment to make purchases on or through the JPlug Solution or the Payment Processor’s platform. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment.  We reserve the right to remove or block any payment methods where such payment method has been repeatedly declined.
If JPlug is collecting your payment of the Fees, you must provide current, complete and accurate information for any billing relating to your Account. You must promptly update all information to keep the billing information relating to your Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is cancelled (e.g., for loss or theft). Changes to such information can be made in your Account settings through the JPlug Solution. If you fail to provide any of the foregoing information, you agree that we reserve the right to suspend your access to the JPlug Solution until all due amounts are paid in full and terminate your Account and these Terms of Use.
JPlug may terminate these Terms of Use and your access to the JPlug Solution if you fail to pay any Fees or other amounts payable to JPlug by the date such payment becomes due.

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 during the Term to access and use the JPlug Solution, including to download and display local Content solely in connection with using the JPlug Solution, in accordance with these Terms of Use. Neither these Terms of Use nor your use of the JPlug Solution grants you ownership in the JPlug Solution or the Content you access through the JPlug Solution. These Terms of Use do not grant you any right to use JPlug’s trademarks or other brand elements. All right, title and interest, including intellectual property rights, in the JPlug Solution and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of JPlug (or our third-party suppliers, if applicable). Any use of third party software provided in connection with the JPlug Solution will be governed by such third parties’ licenses and not by these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by JPlug.

Your Use of the JPlug Solution Responsibilities

You will not use the JPlug Solution in violation of these Terms of Use or in violation of any applicable law. You will:
1. use best efforts to prevent unauthorized access to or use of the JPlug Solution; 
2. promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your Account, User ID or Authentication Method, including any loss, theft, or unauthorized disclosure or use of your Account, User ID or Authentication Method;
3. ensure that the electric vehicle that you use with the EVCS is in good working order and has a working electrical system and adequate battery power;
4. observe and obey any and all rules that may apply to any EVCS Location, including general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation;
5. only use standard, industry-manufactured and recognized electric vehicles and charging adapters with the EVCS;
6. refrain from using the JPlug Solution with any home-built electric vehicle, home-built onboard charging adapters, vehicles that contain personally modified chargers or charging adapters, or any other similar vehicles or charging equipment;
7. not, and will not permit anyone else to:
  1. sub-license, sell, rent, lend, lease or distribute the JPlug Solution or any intellectual property rights therein or otherwise make the JPlug Solution available to others; 
  2. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the JPlug Solution (e.g., a denial of service attack), including by accessing or using the JPlug Solution to permit timesharing, service bureau use or commercially exploit the JPlug Solution; 
  3. use or access the JPlug Solution in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of the JPlug Solution or for any purpose or in any manner not expressly permitted in this Agreement, including to harvest or otherwise collect or store any information (including personal information) about other individuals or to send commercial electronic messages; 
  4. use the JPlug Solution to create, collect, transmit, store, use or process any User Data or other information: (A) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (B) that you do not have the lawful right to create, collect, transmit, store, use or process; (C) in a manner that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); 
  5. attempt to gain unauthorized access to the JPlug Solution, or bypass any measures we may use to prevent or restrict access to the JPlug Solution, including by performing any vulnerability, penetration or similar testing of the JPlug Solution;
  6. modify, reverse engineer, reverse assemble, disassemble, or decompile the JPlug Solution (any part thereof) or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the JPlug Solution; 
  7. access or use the JPlug Solution for the purpose of building a similar or competitive product or service;
  8. violate the terms of use of any third party website that is linked to the JPlug Solution;
  9. remove or obscure any proprietary notices or labels on the JPlug Solution, including brand, copyright, trademark and patent or patent pending notices; and 
  10. encourage or engage in any other conduct that restricts or inhibits any other user’s access or use of the JPlug Solution, or which, as determined by us, may harm the JPlug Solution or users of the JPlug Solution or expose them to liability.
YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF AN EMERGENCY OR ANY OTHER SIMILAR SITUATION THAT CAUSES OR MAY CAUSE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE WHILE YOU ARE USING AN EVCS, YOU WILL IMMEDIATELY CONTACT THE EMERGENCY SERVICES IN YOUR AREA AND FOLLOW THE INSTRUCTIONS YOU ARE GIVEN; 
You acknowledge and agree that you are solely responsible for: (i) the proper maintenance of your electric vehicle and its systems; (ii) ensuring that your electric vehicle’s battery is sufficiently charged to meet your needs; (iii) ensuring that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging for your electric vehicle; and (iv) any damage, fees, penalties or loss caused by your noncompliance of any rules that may apply to any EVCS Location. 
1. You acknowledge and agree that JPlug does not own or otherwise hold any property rights in and to the EVCS and is not responsible for supplying the EVCS to you. To the maximum extent permitted by applicable law, JPlug hereby disclaims all liability for any claims arising from, in connection with or relating to: (i) the EVCS; and (ii) your electric vehicle.  You hereby remise, release and forever discharge JPlug and the JPlug Parties of and from any and all claims whatsoever you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of: (i) the EVCS; or (ii) your electric vehicle. If you are a California resident, you waive California Civil Code Section 1542, which provides: 
  - A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Feedback

You agree that any suggestion or idea provided by you (such suggestions or ideas, “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, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid-up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

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, or any links from the JPlug Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system or mobile device that may be necessary as a result of your use of the JPlug Solution.

Disclaimer

THIS SECTION 12 DOES NOT APPLY IN ANY JURISDICTION IN WHICH IT IS EXPRESSLY PROHIBITED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE JPLUG SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE JPLUG SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE JPLUG SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE EVCS AND THE NETWORK SERVICES IS DONE AT YOUR OWN RISK AND THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, RELATING TO OR IN CONNECTION WITH YOUR USE OF ANY EVCS OR THE NETWORK SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE JPLUG SOLUTION.

Limitation of Liability

THIS SECTION 13 DOES NOT APPLY IN ANY JURISDICTION IN WHICH IT IS EXPRESSLY PROHIBITED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR RESELLERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH JPLUG, THE “JPLUG PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE JPLUG SOLUTION OR THE INABILITY TO MAKE USE OF THE JPLUG SOLUTION, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE JPLUG SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE JPLUG SOLUTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE JPLUG PARTIES IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE JPLUG SOLUTION, EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE JPLUG PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY EVENT OR CIRCUMSTANCES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

Indemnification

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE JPLUG PARTIES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE, INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES, INCLUDING IN EACH CASE AS A RESULT OF A CLAIM OR ACTION BY A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USER DATA; (B) YOUR USE OF THE JPLUG SOLUTION (EXCEPT TO THE EXTENT RESTRICTED OR PROHIBITED BY APPLICABLE LAW), INCLUDING ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE JPLUG SOLUTION; (C) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE OR ANY DOCUMENTS REFERENCED HEREIN; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING INTELLECTUAL PROPERTY RIGHTS). JPLUG RESERVES THE RIGHT, AT YOUR COST, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENCES.

Term and Termination; Survival

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 in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the JPlug Solution. You may terminate these Terms of Use at any time and with immediate effect by deleting your Account using the interfaces of the JPlug Application, ceasing use of the JPlug Solution and uninstalling and deleting the JPlug Application. Notwithstanding the foregoing, if you continue to use any portion of the JPlug Solution that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
Upon termination of these Terms of Use all amounts you owe to JPlug up to and including the date of termination will immediately become due and payable to JPlug in accordance with Section 7(f). The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 4 (User Data and Privacy), 7 (Fees and Payment), 8 (License to and Ownership of the JPlug Solution), 10 (Feedback), 11 (Malicious Code and Security), 12 (Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), 15(b) (Term and Termination; Survival), and 16 (General Provisions).

General Provisions

Choice of Law. Except as prohibited or restricted by applicable law, these Terms of Use will be governed by the laws of: (i) the Province of Ontario and the federal laws of Canada applicable therein in the case of a User using the JPlug Solution in Canada; or (ii) the State of Delaware and the federal laws of the United States of America applicable therein in the case of a User using the JPlug Solution in the United States, without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the JPlug Solution, notwithstanding your domicile, residency or physical location. You will only use the JPlug Solution in jurisdictions where the JPlug Solution may lawfully be used. Except as prohibited or restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in: (ii) Ottawa, Ontario in the case of a User using the JPlug Solution in Canada; or (ii) New Castle County, Delaware in the case of a User using the JPlug Solution in the United States, in all disputes arising out of or relating to the use of the JPlug Solution. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the JPlug Solution.
Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
Severable. These Terms of Use apply to the extent permitted by applicable law and unless restricted or prohibited by applicable law. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Construction. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Terms of Use are for reference purposes only and have no substantive effect. The terms “consent” or “discretion” mean the right of a party to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to the other party.