Terms of Service for Non-European Users
Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against ChargEasy LLC in the United States. Please read them carefully.
Last Revised: November 20, 2023
Thank you for using ChargEasy LLC!
These Terms of Service (“Terms”) are a binding legal agreement between you and ChargEasy LLC that govern your right to use the websites, applications, and other offerings from ChargEasy LLC (collectively, the “ChargEasy LLC Platform”). When used in these Terms, “ChargEasy LLC,” “we,” “us,” or “our” refers to the ChargEasy LLC entity set out on Schedule 1 with whom you are contracting.
The ChargEasy LLC Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), plug-in locations (“Experiences”), and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the ChargEasy LLC Platform and must keep your account information accurate. As the provider of the ChargEasy LLC Platform, ChargEasy LLC does not own, control, offer or manage any Listings or Host Services. ChargEasy LLC is not a party to the contracts entered into directly between Hosts and Guests, nor is ChargEasy LLC a real estate broker, travel agency, or insurer. ChargEasy LLC is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about ChargEasy LLC’s role see Section 16.
Terms like our Privacy Policy, describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the ChargEasy LLC payment entities (collectively "ChargEasy LLC Payments").
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Host Services.
1. Our Mission.
Our mission is to make electric vehicle charging accessible and affordable for everyone. We do this by providing a mobile app that helps users find and use charging stations, by allowing everyday people to become Hosts to make money by sharing their charging stations with other users. Our App users will be able to browse through millions of Charging station locations to find a location wherever they are in need of an EV Charging location. If you have questions, just message the Host.
2. Searching, and Booking on ChargEasy LLC.
2.1 Searching. You can search for Host Services by using your zip code location which uses geographic locating software. You can also find Commercial locations in addition to Host stations, which may be closer solutions to your need. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous host locations and saved Listings, Host requirements (e.g. date and time of Guest user), and more.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like ChargEasy LLC’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that ChargEasy LLC via ChargEasy LLC Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 15) amounts. When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Accommodation Reservations. An Accommodation Reservation is a limited license to host, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties.
2.4 Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, or other requirements. You are responsible for informing the Host of any medical or physical or other circumstances that may impact your ability to participate, attend, or use the Host Service.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy.
3.2 Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree to make via the ChargEasy LLC Platform or direct ChargEasy LLC customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the ChargEasy LLC Platform and any Content (as defined in Section 10), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
Host Terms
5. Hosting on ChargEasy LLC.
5.1 Host. As a Host, ChargEasy LLC offers you the right to use the ChargEasy LLC Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the ChargEasy LLC Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like ChargEasy LLC’s service fee (and applicable taxes) for each booking. ChargEasy LLC Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms and our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with ChargEasy LLC is that of an independent individual or entity and not an employee, agent, joint venturer or partner of ChargEasy LLC, except that ChargEasy LLC Payments acts as a payment collection agent as described in the Payments Terms. ChargEasy LLC does not direct or control your Host Service and you understand that you have complete discretion over whether and when to provide Host Services and at what price and on what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The ChargEasy LLC Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like after-hours fees, or offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation unless you have multiple EV Charging stations at your property.
6.2 Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit EV Stations. Some cities have zoning or other laws that could restrict hosting in a residential area. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services. In some area, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the ChargEasy LLC Platform depends on a variety of factors, including these main parameters:
Search results may appear different on our mobile application than they appear on our website. ChargEasy LLC may allow Hosts to promote their Listings in search or elsewhere on the ChargEasy LLC Platform. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.
6.4 Your Responsibilities. To the maximum extent permitted by law, you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the ChargEasy LLC Platform except those expressly authorized. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the ChargEasy LLC Platform in violation of our Off-Platform Policy.
6.5 Hosting as a Team or Organization. To the maximum extent permitted by law, if you work with a co-host or host as part of a team, business or other organization, you are responsible and liable as a Host under these terms for the acts and omission of each entity and individual who participates in providing your Host Services and you are required to inform personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct ChargEasy LLC to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that, to the maximum extent permitted by law, you assume the risk arising out of your access to and use of the ChargEasy LLC Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the ChargEasy LLC Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services.
7. Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If: (i) a Guest experiences a Travel Issue (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by ChargEasy LLC exceeds your payout, ChargEasy LLC (via ChargEasy LLC Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that ChargEasy LLC’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation.
You may appeal a decision by ChargEasy LLC by contacting our customer service.
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the ChargEasy LLC Platform or direct ChargEasy LLC customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification which are notified to them prior to choosing to proceed with the Booking Modification.
8. Taxes.
8.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable GST or other indirect taxes, occupancy taxes, sales, or other taxes ("Taxes").
8.2 Collection and Remittance by ChargEasy LLC. In jurisdictions where ChargEasy LLC facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize ChargEasy LLC to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by ChargEasy LLC are identified to Members on their transaction records, as applicable. ChargEasy LLC may seek additional amounts from Members (including by deducting such amounts from future payouts) where Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by ChargEasy LLC is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. Where applicable, if you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that ChargEasy LLC may issue on your behalf invoices or similar documentation for GST or other Taxes for your Host Services to facilitate accurate tax reporting.
General Terms
9. Reviews.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by ChargEasy LLC for accuracy and may be incorrect or misleading.
10. Content.
Parts of the ChargEasy LLC Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant ChargEasy LLC a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the ChargEasy LLC Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where ChargEasy LLC pays for the creation of Content or facilitates its creation, ChargEasy LLC may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant ChargEasy LLC the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that ChargEasy LLC may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. ChargEasy LLC does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
11. Fees.
ChargEasy LLC may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the ChargEasy LLC Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests before making a booking. Except as otherwise provided on the ChargEasy LLC Platform and to the extent permitted by law, service fees are non-refundable. ChargEasy LLC reserves the right to change the service fees at any time and will provide Members at least 30 days’ notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12. ChargEasy LLC Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting ChargEasy LLC. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to ChargEasy LLC. If you reported an issue to local authorities, ChargEasy LLC may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the ChargEasy LLC Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and ChargEasy LLC reflected by these Terms is effective when you access the ChargEasy LLC Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account, or in the case of Experiences, by removing all of your Experiences from the ChargEasy LLC Platform. ChargEasy LLC may terminate this agreement and your account and/or remove your Listing(s) for any reason (including if your account has been inactive for more than two years) by giving you 30 days’ notice via email or using any other contact information you have provided for your account. ChargEasy LLC may also terminate this agreement immediately and without prior notice and stop providing access to the ChargEasy LLC Platform if (i) you materially breach these Terms or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of ChargEasy LLC, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
ChargEasy LLC reserves the right to change our services, including to add or remove features and functionalities or change the types of Listings we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements. If we make material changes, we will provide you with 30 days’ advance notice, unless the changes are to prevent abuse or respond to legal requirements.
13.3 Member Violations. If (i) you breach these Terms, our Standards, (ii) you violate applicable laws, regulations, or third-party rights, (iii) you have repeatedly received poor Reviews or ChargEasy LLC otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is reasonably necessary to protect the personal safety or property of ChargEasy LLC, its Members, or third parties, ChargEasy LLC may:
In case of non-material breaches or where otherwise reasonable, you will be given reasonable notice of any actions that ChargEasy LLC proposes to take and an opportunity to remedy the non-material breach (if it is capable of remedy), unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
13.4 Legal Mandates. ChargEasy LLC may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your ChargEasy LLC account, any confirmed booking(s) will be automatically canceled, and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled, and any refund will depend upon the terms of the Listing’s cancellation policy as specified on the Listing at the time of booking. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the ChargEasy LLC Platform has been limited, or your ChargEasy LLC account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the ChargEasy LLC Platform through an account of another Member.
13.6 Survival. Clauses 2, 3.1, 4, 5.2, 5.3, 6.2, 6.4, 6.5, 7.1, 8, 9, 10, 11, 12, 13.3, 13.4, 13.5, 13.7, 13.8, 15, 16, 17, 18, 19, 20, 21, 22 and 23 survive expiry or termination, together with any other terms that, by reasonable implication or to give them efficacy are, or are intended, to be performed in whole or in part after the expiry or termination of this agreement.
13.7 Appeal. If ChargEasy LLC takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.
14. Modification of these Terms.
ChargEasy LLC may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the ChargEasy LLC Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the ChargEasy LLC Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the ChargEasy LLC Platform will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
15.1 If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify ChargEasy LLC and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to ChargEasy LLC and ChargEasy LLC reasonably determines that the Damage Claim is valid and you are responsible for the Damage Claim, ChargEasy LLC via ChargEasy LLC Payments can collect the amount of the Damage Claim from you.
15.2 If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Claim, the Host may notify ChargEasy LLC through the Resolution Center under the terms of the Host Damage Protection Terms and seek compensation. ChargEasy LLC will review the Damage Claim and ask the Host to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third- party experts) which substantiates the Damage Claim and the Damage Claim amount. The Guest will be given the opportunity to respond and provide any relevant counter evidence. If ChargEasy LLC reasonably determines, under consideration of the evidence provided, the Host Damage Protection Terms, and applicable statutory rules on the burden of proof that the Guest is responsible for the Damage Claim, ChargEasy LLC (via ChargEasy LLC Payments) will pay out the Damage Claim to the Host. If ChargEasy LLC pays out the Damage Claim to the Host, ChargEasy LLC may collect the amount of the Damage Claim from the Guest, including by charging the guest’s Payment Method up to a maximum amount of $500 USD. ChargEasy LLC may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Guest’s Payment Method, against a Guest using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Guest. Members may appeal a decision by ChargEasy LLC by contacting our customer service. As between Members and ChargEasy LLC, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with ChargEasy LLC.
15.3 You agree to cooperate in good faith, provide any information ChargEasy LLC requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
15.4 Any decisions made by ChargEasy LLC in relation to a Damage Claim will not affect your contractual or statutory rights.
16. ChargEasy LLC’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. ChargEasy LLC is not and does not become a party to or other participant in any contractual relationship between Members. ChargEasy LLC is not acting as an agent for any Member except for where ChargEasy LLC Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using ChargEasy LLC, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that ChargEasy LLC has the right but does not have any obligation to monitor the use of the ChargEasy LLC Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the ChargEasy LLC Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist ChargEasy LLC in good faith, and to provide ChargEasy LLC with such information and take such actions as may be reasonably requested by ChargEasy LLC with respect to any investigation undertaken by ChargEasy LLC regarding the use or abuse of the ChargEasy LLC Platform.
17. Member Accounts.
You must register an account to access and use many features of the ChargEasy LLC Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the ChargEasy LLC Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify ChargEasy LLC if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your ChargEasy LLC Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
18. Warranties.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party. To the maximum extent permitted by law, we do not warrant the performance or non-interruption of the ChargEasy LLC Platform and we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or ChargEasy LLC has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the ChargEasy LLC Platform. ChargEasy LLC may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the ChargEasy LLC Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the ChargEasy LLC Platform.
19. Limitations on Liability.
To the maximum extent permitted by law, no party, including ChargEasy LLC’s affiliates and personnel, or any other party involved in creating, producing, or delivering the ChargEasy LLC Platform or any Content, will be liable for any incidental, special, exemplary or consequential damages. Incidental, special, exemplary or consequential damages include, to the maximum extent permitted by law, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services. Neither is ChargEasy LLC liable nor any other party liable, to the extent permitted by law, for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the ChargEasy LLC Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the ChargEasy LLC Platform, or (iv) the publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ChargEasy LLC has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except in the case of a Member’s willful breach of these Terms, to the maximum extent permitted by law, in no event shall a Member’s liability to ChargEasy LLC or any other party involved in creating, producing, or delivering the ChargEasy LLC Platform or any Content for any claim or dispute arising out of or in connection with these Terms, interaction with any Member, or use of or inability to use the ChargEasy LLC Platform, any Content, or any Host Service exceed: (A) in the case of Guests, three (3) times the amount you paid for the relevant Reservation(s) giving rise to the liability, or (B) in the case of Hosts, three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at ChargEasy LLC’s option), indemnify, and hold ChargEasy LLC (including ChargEasy LLC Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the ChargEasy LLC Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your negligence or breach of a contractual obligation or, to the maximum extent permitted by law, the negligence and breach of a contractual obligation by those third parties for whose acts and omissions you are responsible under Sections 4.1 and 6.4 above.
21. Contracting Entities.
Based on your country of residence or establishment and what you are doing on the ChargEasy LLC Platform, Schedule 1 below sets out the ChargEasy LLC entity with whom you are contracting. If we identify through the ChargEasy LLC Platform, an ChargEasy LLC entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the ChargEasy LLC entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment to a country outside of Australia, the ChargEasy LLC company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
22. Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with United States (US) law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of United States law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of ChargEasy LLC's place of business in the United States. If ChargEasy LLC wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the United States courts.
23. Miscellaneous
23.1 Other Terms Incorporated by Reference. There are documents, policies and standards referred to in and linked from these Terms, which apply to your use of the ChargEasy LLC Platform, which are incorporated by reference to these Terms, and form part of the binding legal agreement between you and ChargEasy LLC.
23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between ChargEasy LLC and you pertaining to your access to or use of the ChargEasy LLC Platform and supersede any and all prior oral or written understandings or agreements between ChargEasy LLC and you. This clause does not exclude a party’s liability for prior false, misleading or deceptive statements or misrepresentations, where oral or written. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and ChargEasy LLC. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.3 No Waiver. Subject to any limitation expressly stated in these Terms, or any document policy or standard incorporated into them, neither ChargEasy LLC’s or a Member’s failure to enforce any right or provision in these Terms will constitute a waiver of such right or provision unless acknowledged and agreed between the relevant parties in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without ChargEasy LLC's prior written consent (not to be unreasonably withheld or delayed). ChargEasy LLC may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 unaffected.
23.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by ChargEasy LLC via email, ChargEasy LLC Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies ChargEasy LLC’s obligations.
23.6 Third-Party Services. The ChargEasy LLC Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. ChargEasy LLC is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms. Some translations on the ChargEasy LLC Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the ChargEasy LLC Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
23.9 ChargEasy LLC Platform Content. Content made available through the ChargEasy LLC Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of ChargEasy LLC and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the ChargEasy LLC Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, ChargEasy LLC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the ChargEasy LLC Platform and accessible to you, solely for your personal and non-commercial use.
23.10 ChargEasy.org – Forthcoming
23.11 Force Majeure.
23.12 Emails and SMS. You will receive administrative from us using the email address or other contact information you provide for your ChargEasy LLC account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a ChargEasy LLC Account.
23.13 Contact Us. If you have any questions about these Terms, please email us.
24. United States Dispute Resolution and Arbitration Agreement.
24.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against ChargEasy LLC in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
24.2 Overview of Dispute Resolution Process. ChargEasy LLC is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: (1) an informal negotiation directly with ChargEasy LLC’s customer service team (described in Section 24.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and ChargEasy LLC each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
24.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and ChargEasy LLC each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to ChargEasy LLC by mailing it to ChargEasy LLC’s agent for service: ChargEasy LLC 806 Buchanan Blvd Suite 115-140 Boulder City, NV 89005. ChargEasy LLC will send its notice of dispute to the email address associated with your ChargEasy LLC account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
24.4 Agreement to Arbitrate. You and ChargEasy LLC mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the ChargEasy LLC Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and ChargEasy LLC agree that the arbitrator will decide that issue.
24.5 Exceptions to Arbitration Agreement. You and ChargEasy LLC each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in state or federal court in Boulder City, Nevada, unless we both agree to some other location: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the ChargEasy LLC Platform or Host Services. You and ChargEasy LLC agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
24.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
24.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, ChargEasy LLC agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Clark County; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
24.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
24.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
24.10 Jury Trial Waiver. You and ChargEasy LLC acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
24.11 No Class Actions or Representative Proceedings. You and ChargEasy LLC acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
24.12 Severability. Except as provided in Section 24.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
24.13 Changes to Agreement to Arbitrate. If ChargEasy LLC changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and ChargEasy LLC (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and ChargEasy LLC.
24.14 Survival. Except as provided in Section 24.12, and subject to Section 13.6, this Section 24 will survive any termination of these Terms and will continue to apply even if you stop using the ChargEasy LLC Platform or terminate your ChargEasy LLC Account.
Additional Terms for Experience Hosts
Nothing in this Additional Terms for Experience Hosts section (“Experience Host Terms”) shall be construed to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and the Experience Host Terms, the Experience Host Terms control to the extent of the conflict.
25. Experience Host Terms.
25.1 Listing an Experience. To list an Experience, you must create a Listing and submit the Experience to ChargEasy LLC. Experiences must at all times meet the standards and requirements for Experiences. When listing an Experience you must, where applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Experience, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Experience (including dress codes, equipment, special certifications or licenses, etc.). ChargEasy LLC reserves the right to decide, in its sole discretion, whether a submitted Experience will be published on or remains on the ChargEasy LLC Platform.
25.2 Hosting ChargEasy LLC Guests. Once your Experience is published on the ChargEasy LLC Platform, you will have the ability to add dates and times when you offer your Experience through the ChargEasy LLC Platform (an "Instance"). By making an Instance of your Experience available on the ChargEasy LLC Platform, you agree that only people who book through ChargEasy LLC can attend that Instance of the Experience. You further agree that you will not allow people to attend any Instance of your Experience available on the ChargEasy LLC Platform unless that person booked through ChargEasy LLC (or was added as an additional Guest for a spot booked through the ChargEasy LLC Platform).
25.3 Social Impact Experiences. If you wish to provide an Experience that benefits a social impact organization (a "Social Impact Experience"), you and the benefitting organization must comply with the Social Impact Experience eligibility requirements. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of the benefitting organization and (ii) acknowledge and agree that all payouts will be directed to an account owned by the benefitting organization unless the benefitting organization has obtained authorization from ChargEasy LLC as outlined in the Social Impact Experience. You and the benefitting organization acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with ChargEasy LLC, and ChargEasy LLC is not a professional fundraiser or commercial participator. If the benefitting organization is a nonprofit, the nonprofit, and not ChargEasy LLC, is responsible for determining what, if any, portion of its Total Price is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and the benefitting organization are solely responsible for complying with all laws that apply to the organization and your Social Impact Experience.
25.4 Equipment. You are responsible for providing all equipment, including supplies, vehicles, and other materials ("Equipment") necessary to host your Experience. You are solely responsible for ensuring that the Equipment used in your Experience is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
25.5 Additional Experience Host Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience; and (iii) ensuring that your Listing and/or Hosting of an Experience will not breach any agreement you may have with any third party.
25.6 Hosting as a Team or Organization. You must provide your Experience in person and may not allow any third party to provide the Experience on your behalf, unless authorized by ChargEasy LLC. Any member of a team, business, or organization that interacts with Guests must be added to an Experience via the method designated by the ChargEasy LLC Platform. See Section 6.5 for information about hosting as part of a team, business or organization which are incorporated herein.
25.7 Insurance. We may require that you obtain your own insurance in order to publish an Experience on the ChargEasy LLC Platform. We will provide you with reasonable notice of any changes to insurance requirements that apply to your Experience. In such cases, you agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Experience with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on your Experience. You agree to cooperate with ChargEasy LLC to verify such insurance coverage. In the event that ChargEasy LLC has obtained its own liability insurance that covers your Experiences, your insurance will be the primary source of coverage and ChargEasy LLC's insurance will operate as excess or secondary insurance for any amounts exceeding your coverage. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain insurance in amounts required by us.
26 Self-Station Monitoring
As a ChargEasy host, you are responsible for monitoring your own charging station and ensuring that it is in good working order. This includes checking for any damage, ensuring that the station is properly connected to the power grid, and making sure that the station is available for use during your operating hours.
ChargEasy does not monitor the overall usage or health of the equipment utilized. Therefore, it is important for you to regularly inspect your charging station and take any necessary steps to maintain its condition.
26.1 Share at the Host's Own Risk
When you share your charging station with other users, you do so at your own risk. ChargEasy is not responsible for any damage or loss that may occur as a result of a user using your charging station. We encourage you to screen users carefully before allowing them to use your charging station. You may also want to consider purchasing liability insurance to protect yourself in the event of an accident.
Acceptance of Terms and Conditions
By using the ChargEasy app, you agree to the terms and conditions set forth above. If you do not agree to these terms and conditions, you should not use the ChargEasy app. Please note that ChargEasy reserves the right to update these terms and conditions at any time. If we make any changes, we will notify you by email or by posting the updated terms and conditions on our website.
Please carefully review these terms and conditions before using the ChargEasy app.