GetCharged AppLast Updated:
August 9, 2019
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the App, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modified Agreement on the App. By continuing to access or use the App after we have posted a modification to the Agreement on the App, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the App.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
DESCRIPTION AND USE OF THE APP
The App. The App allows individuals to reserve GetCharged charging stations (“Charging Stations”) and/or charging containers (“Charging Containers” and together with the Charging Stations, the “Charging Facilities”) in order to recharge low-battery e-scooters and e-bikes (collectively, “e-vehicles”). The App provides users with real-time availability and location of our Charging Facilities and permits users to make reservations for these Charging Facilities. Our Charging Stations are for e-vehicle riders who desire to charge their e-vehicle on the go. Our Charging Containers are generally meant for individuals who collect e-vehicles from public streets with the intention of returning them to their designated locations once charged. The services provided by and through our App are referred to here as the “Services.”
License to Use the App. GetCharged hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use.
We reserve all rights in and to the App not expressly granted to you under the referenced terms of service.
Fees and Reservations. GetCharged does not charge for general access to the App. To use our Charging Facilities, , you will be required to pay a fee which may vary depending on the type of Charging Facility, the timeslot you’ve selected, and the duration of your reservation. You will be notified of the fee prior to securing the reservation. For Charging Containers, upon payment of the fee, you will be given access to the Charging Facility via an access code provided to you through the App. All fees will be charged to the preferred payment method listed in your account. We reserve the right to change our fees and to impose new charges at any time, upon notice to you, which will be posted on the App. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
All fees collected by GetCharged through the App are processed by our third-party payment vendor(s). We currently use Stripe, Inc. (“Stripe”) as our third-party payment vendor, but we reserve the right to change our payment vendor at any time, or to use additional payment vendors, at our discretion, and will update this Agreement from time to time accordingly. For information about Stripe’s privacy and data security practices, visit https://stripe.com/us/privacy.
The App may require data access, and the provider of such data access (e.g., network operator, wireless carrier, etc.) for your device may charge you data access and other fees in connection with your use of the App, including, without limitation, wireless carrier messaging and other communication, messaging, and data fees and charges, as applicable. You shall be responsible, at your sole cost and expense, for obtaining and paying for wireless access, and under no circumstances will GetCharged be responsible for any such data access fees or charges.
REGISTERING FOR AN ACCOUNT
To access and use the Services, you will be required to establish an account on the App with your phone number and a password for access. GetCharged is under no obligation to accept any reservations or account registrations, and may accept or reject any registration or reservation in our sole and exclusive discretion. When creating your account, you must provide true, accurate, current, and complete information about yourself. You may not transfer your account to anyone else without our prior written permission. Each account can be used by only one individual. You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any use of the Services, or communications from your account to GetCharged). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
RESTRICTIONS OF USE
The App is available only to those individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the App only with the consent of your parent or guardian.
DOWNLOADING THE APP FROM YOUR DEVICE’S APP STORE:
With respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you shall use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
The following terms apply to any Apple application:
Maintenance and Support: GetCharged is solely responsible for providing any maintenance and support services with respect to the App, as specified in herein, or as required under applicable law. You and GetCharged acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: GetCharged is solely responsible for any product warranties, whether express or implied, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you, and; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty not otherwise disclaimed by GetCharged will be the sole responsibility of GetCharged.
Product Claims: GetCharged and you acknowledge that GetCharged, not Apple, is responsible for addressing any of your claims or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of Apple’s “HealthKit” and “HomeKit” frameworks.
Intellectual Property Rights: GetCharged and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple is not, under any circumstances, responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You may contact GetCharged in such event.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App, e.g., if GetCharged has a VoIP application, then you must not be in violation of their wireless data service agreement when using the App.
By using the App, you agree to comply with these user guidelines (“Guidelines”):
You will comply with all applicable laws in your use of the App and the Services and will not use the App, Charging Facilities or Services for any unlawful purpose;
You will not access or use the App or Services to collect any market research for a competing business or create (or attempt to create) a competing service;
You will access the App, Charging Facilities and Services solely for your personal use;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with, or attempt to interrupt the proper operation of, the App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the App through hacking, password or data mining, or any other means;
You will not decompile, reverse engineer, or disassemble the App or any portion thereof, or any software or other products or processes accessible through the App;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the App;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the App, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will only use the Charging Facilities in connection with the Services during your reserved time and shall not store or otherwise maintain personal items in any of our Charging Containers;
You will not in your use of the Services or Charging Facilities cause nuisance, annoyance, or property damage to any other party;
You will not alter, tamper with, or damage the Charging Facilities or use them for any purpose other than charging an e-vehicle;
You will promptly notify GetCharged if you become aware of any defect or damage to the Charging Facilities;
You will not permit any third party to access or use a Charging Facilities for any purpose; and
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
If you find something that violates our guidelines, please let us know and we will review it. We reserve the right, in our sole and absolute discretion, to deny you access to the App or Services, or any portion of the App or Services without notice and without liability to you, if you fail to adhere to these guidelines.
GetCharged and its licensors are the sole owners of all right, title and interest in the (i) App including, without limitation, all software and other technology (in all forms and media), and all intellectual property rights therein, and (ii) all text, graphics, images, sound recordings, audiovisual works, descriptions of the App and Services, information, and other material (the “Content”) provided by us or on our behalf. The App and the Content are protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may use the App and view all Content for your own personal use. No other use is permitted without our prior written consent. GetCharged and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original App and Content, and on any copy you make of the Content. You are not authorized to copy the App or any part thereof. You may not sell, transfer, assign, license, sublicense, or modify the App or Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the App or the Content in any way for any public or commercial purpose. The use or posting of the App or the Content anywhere else including on other websites or in a networked computer environment for any purpose is expressly prohibited.
Elements of the App and the Content are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. The App and the Content shall not be retransmitted, in whole or in part, without our express, written consent for each and every instance.
COMMUNICATIONS WITH AND SUBMISSIONS TO US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
INDEPENDENT CONTRACTOR AND THIRD PARTY INTERACTIONS
In using the App and the Services, you acknowledge and agree that the relationship between you and GetCharged under this Agreement is solely that of independent contractors. You and GetCharged agree that nothing in this Agreement should be construed to create (1) an employer-employee relationship, or (2) a joint venture, franchisor-franchisee, partnership or agency relationship, or (3) any other relationship other than that of an independent contractor between you and GetCharged. You have no authority to bind GetCharged, and you will not undertake to represent yourself as an employee, agent or authorized agent of GetCharged.
Your interactions with third-party organizations and/or individuals (“Third-Party Businesses”) on or through the Services, including your use of the Services in connection with third-party goods or on behalf of Third-Party Businesses, and any terms, conditions, warranties, and representations associated with such dealings, are solely between you and such Third-Party Businesses. GetCharged is not a party to any contracts or transactions between you and Third-Party Businesses. GetCharged may integrate with certain Third-Party Businesses for your convenience. GetCharged does not endorse any Third-Party Businesses or third-party products, and we make no representations or warranties that our Service will be compatible with or suitable for any third-party products. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any Third-Party Business. You agree that GetCharged shall not be responsible or liable for any loss or damage of any nature incurred as the result of your relationship and/or transactions with Third-Party Businesses. If there is a dispute between you and any third party, you agree that GetCharged is under no obligation to become involved.
IN NO EVENT SHALL GETCHARGED BE LIABLE UNDER ANY LEGAL THEORY OR FORM OF ACTION FOR PERSONAL INJURY OR DAMAGE TO PROPERTY ARISING FROM THE USE OF E-VEHICLES. GETCHARGED DOES NOT PROVIDE OR MANUFACTURE E-VEHICLES AND TAKES NO RESPONSIBILITY FOR THEIR USE OR SAFETY.
YOU ACKNOWLEDGE THAT GETCHARGED DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE APP, THE CONTENT, AND ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE APP OR SERVICES WILL BE ACCURATE OR COMPLETE. THE APP, THE SERVICES, THE CONTENT, AND OTHER MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THAT THE APP OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE APP OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU ACKNOWLEDGE THAT THE APP MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
LIMIT OF LIABILITY
The App may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of the Agreement; (ii) your misuse of the Services, the Content or the App; (iii) your use of the Services for or on behalf of any Third-Party Business; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAW
The App is intended for use in the United States. We make no claims concerning whether the App or any Content may be downloaded, viewed, or be appropriate for use outside of the United States. We also make no claims concerning whether any GetCharged Services are appropriate for sale outside of the United States. If you access or use the App or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. You expressly agree that the App shall be deemed passive and does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement and without posting a bond, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.
HOW TO CONTACT GETCHARGED
Copyright 2019 GetCharged, Inc. All rights reserved.