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Terms of Use

NAD Grid Corp (“ampUp”, “we”, “us”, “our”, the “Company”) provides software solutions and services for electric vehicle (EV) drivers, charging infrastructure hosts and other stakeholders to support EV adoption and reduce range anxiety. These software solutions and services include but are not limited to:

  • “ampUp app” – mobile application available on Android and iOS
  • “Community Manager”, “Enterprise Manager” and “Utility Manager” – web-based interface for charging infrastructure hosts to manage the on-site charging infrastructure
  • ampUp cloud services including the smart scheduler service, OCPP control & management service, OpenADR service and other related services.

Hereinafter jointly and severely referred to Software, Solutions and Services.

These Terms of Use (“Terms of Use”or “Terms”) constitute a binding legal contract between NAD Grid Corp and all parties, as defined below in relation to use of Nad Grid Corp’s Software, Solutions and Services. By using the Nad Grid Corp Software, Solutions and Services each and all Parties as defined herein accepts these Terms of Use.

Prior to downloading the AmpUp app or using any of the Software, Solutions and Services of Nad Grid Corp all Parties as defined herein should carefully read these Terms of Use. If a Party does not agree to these Terms of Use, the Party must not use any of the Nad Grid Corp’s Software, Solutions and Services. By using any or all of the Nad Grid Corp Software, Solutions and Services each Party consents to the terms and conditions provided in these Terms of Use and the Nad Grid Corp’s Privacy Policy and agrees to be bound by them. Noncompliance with any of the provisions of these Terms of Use may result in Party’s liability towards Nad Grid Corp and/or any specific stakeholder.

1. Parties

The following Parties (“Party”, “you”, “your”) represents anyone using NAD Grid Corp’s Software, Solutions and services as described below:

Users: (“User”, “Guest”, “Driver”, “Tenant” or “Employee”): an individual that downloaded and is using the ampUp app to find, reserve and / or pay for EV charging and other services associated with the ampUp app.

Hosts: (“Host”, “Site Host”): an individual or entity hosting an electric vehicle charging station.

Partner: an individual or entity providing software, hardware or other services for NAD Grid corp and our users and hosts.

2. Services

The company’s services (“Services”, “Solutions”) include:

  • Mobile app (“ampUp app”) and associated services that provide the user experience and interactions including but not limited to: searching, reservations, notifications, payments and other associated services related to charging the user’s electric vehicle at a site host location.
  • Web-based Interface (“Community Manager”, “Enterprise Manager” and “Utility Manager”) for charging infrastructure hosts to manage the on-site charging infrastructure and interactions with users.
  • Services related to use of Nad Grid Corp’s Software.

By using company’s services, Users agree to pay ampUp, site hosts or other stakeholder any necessary fees associated with EV charging services.

By using company’s services, hosts agree to configure necessary parameters that Users need to accept prior to charging at site host’s charging locations, including but not limited to price for providing charging services, access restrictions, and any other rules Host deems appropriate. Hosts also agree to ensure continuous operation and access to charging infrastructure to the Users, as well as the exact timing of the charging session paid for by the user.

Both Hosts and Users acknowledge that in case of a dispute between them, they shall release Nad Grid Corp from any and all claims, demands and damages whether actual or consequential, of every kind and nature arising out or connected with such dispute.

3. License

The Company grants User and/or Host a non-exclusive, revocable, limited, non-sub licensable, license to access and use the Software, Solutions and Services all in accordance with these Terms of Use. This license is valid only for the period of use of the Software, Solutions and Services.

Except as expressly set forth in these Terms, Users and /or Hosts receive no other expressed and/or implied right, title, or interest in and to the Software, Solutions and/or Services. For avoidance of doubt, Host and/or Users are prohibited from modifying, translating, decompiling, copying, distribution, disassembling, broadcasting, transmitting, publishing, removing, creating derivative work(s) of or altering any proprietary notices or labels related to Software, Solutions and Services. Users and/or Hosts are not allowed to license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, create derivative work(s) of, copy, grant a security interest in, or otherwise use the Software, Solutions and Services in any manner. Moreover, Hosts and/or Users shall not disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by Company for use of the Software, Solutions and Services.

4. Changes to Terms of Use

These Terms of Use are subject to modification, updates and other revisions by the Company at any time and at its sole discretion. All changes of the Terms of Use shall be posted by Nad Grid Corp and shall become effective as of the moment of the posting of the revised text. Company undertakes to notify the Users and/or Hosts of any material changes to these Terms of Use.

By continuing to use Nad Grid Corp Software, Solutions and Services Users and Hosts agree to be bound by the revised Terms of Use. Users and/or Hosts are not released from their obligations to pay all fees related to their use of Software, Solutions and Services prior to their decision to cease use of the Nad Grid Corp Software, Solutions and Services.

5. Intellectual Property Ownership

Users and Hosts acknowledge and agree that all trademarks, patents, industrial designs, copyright, know how as well as all other intellectual property rights of the Company (the “ampUp Marks”), trademarks, patents, industrial designs, copyright, know how as well as all other intellectual property rights related to Software, Services, Solutions, the design and appearance, of any content accessible through ampup.io, the performances, parameters and all other content of the Software, Solutions and Services belongs to the Company and are proprietary, original works of authorship and/or an intellectual property right of the Company, or licensors of the Company, protected under United States and worldwide copyright, trademark, patent, industrial design and trade secret laws of general applicability (“Company IP”). Users and Hosts further acknowledge and agree that all rights, title and interests in and to the Company IP are and shall remain with the Company or its licensors. Users and Hosts undertakes not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of the Company, Users and Hosts may not use, modify, decompile, reproduce, distribute, transmit, create derivative works of, or undertake any other action that is not explicitly allowed under this terms in relation to the Company IP.

Company acknowledges that information submitted by Users and/or Hosts to Company as part of registration, and any comments, Financial History, Usage Data or Log Data submitted to or retrieved from the use of the Software, Solutions and Services (“User Content”) remain Users’ and/or Hosts’ property, unless these Terms of Use provides otherwise. Users and Hosts authorizes the Company to retain copies of all registration information and to use such information and User Content if it is reasonably necessary for the Company’s operation of the Software, Solutions and Services as described in these Terms of Use and the Company’s Privacy Policy and particularly to use, copy, publish, reproduce, prepare derivative works, distribute, and display the comments and other User Content without paying any fee, and without any restrictions as to time and territory of such use.

Users and/or Hosts agree not to challenge the Company’s rights in and to the Software and Services, or to take any action inconsistent with the provisions of this Section 5 of these Terms of Use.

6. Third Party Content

During the use of the Company’s Software, Solutions and Services you may encounter a third parties’ content that is integrated with or linked to the Company’s Software, Solutions and Services (“Third Party Content”). The Third Party Content is provided for Users’ and Hosts’ convenience and the Company has no ownership or control over the content, performances, safety and terms of use of the Third Party Content. Hosts and Users acknowledge that they access the Third Party Content their own risk and under the terms and conditions provided by each Third Party Content. Access to the Third Party Content does not represent any form of Company’s affiliation, endorsement or promotion of the Third Party Content. The Company shall not be held liable for any viruses or other illicit code that results from accessing the Third Party Content.

7. Interruptions to the Services

Access to the Services may from time-to-time be unavailable to Users and Hosts due to technical failures or interruptions, temporarily suspension of Services due to updates or changes to the Services, or for any other reason beyond the control of the Company (“Interruption of Services”). Users and/or Hosts agree that Interruption of Services shall not constitute the Company’s default on any of its obligations, and that the Company shall have no liability towards Users and/or Hosts for any such Interruption of Services. In case of the Interruption of Services, please contact support@ampup.io for support.

By using the Company’s Software, Solutions and Services Users and Hosts acknowledge that the availability of Services as well as flow of data to and from the Services depends on the performance of internet services provided by third parties. The Company shall not be liable for Technical Interruptions of the Services due to impairment or disruption of the internet connections.

8. User Responsibility and Obligations

User represents and warrants that he/she has at least eighteen years or the legal age of majority in the territory where he/she uses the Company’s Software, Solutions and Services. The User undertakes, at all times, to provide true, accurate and complete information when submitting information via registration form or otherwise. User acknowledges that his/her access to the Solution and Services is voluntarily and undertakes the responsibility for compliance with all applicable laws, rules, and regulations with respect to use of the Solution and Services. If User access the Solution and Services on behalf of any organization, the User represents that he/she has legal capacity to undertake, on behalf of the organization, the rights and obligations contained in these Terms of Use. NAD Grid Corp shall not be liable for any loss or damage arising from a User’s breach of or failure to comply with this Section 8 or any other Section of these Terms of Use.

9. Host Responsibility and Obligations

Hosts represent and warrant that they are under no legal restriction or prohibition that bans them from hosting an electronic vehicle charging station. Hosts are responsible for initial and/or continuous set up of hosting parameters, including charging pricing, access to the charging station, and information using the Company’s Community Manager, Enterprise Manager or Utility Manager. Hosts may at any time reach to NAD Grid Corp for the purpose of training and on-boarding services as well as the initial set up of the charging station via support@ampup.io. Once the hosting parameters are set up, the Host is responsible for providing the charging infrastructure to Users who reserve and/or pay for the charging service.

10. Payment and Account Requirements

Hosts are responsible for configuring and disclosing EV charging requirements for Users to adhere to for charging their EVs at the site hosts location. Host is required to use the Services and Solutions to determine these charging parameters. For support on setting the charging parameters, the Host can reach out to support@ampup.io.

Hosts may also be obliged to pay Nad Grid Corp the fee for use of the Software, Solutions and Services if such obligation is provided in a separate agreement concluded between the Nad Grid Corp and the Host.

Users are responsible for paying for charging service based on the Host’s charging parameters. Use of the Solutions or certain features of the Solution may require User’s registration. Each registration shall be valid solely for a single user, unless otherwise expressly agreed upon by Company.

During the registration, User may be required to provide access credentials, such as a user name and a password, or to adhere to other particular access requirements as designated by Company. The User acknowledges that his/her access credentials, such as a username and password, is confidential information which must not be disclosed or made available to any third party without the prior express written consent of Company. Users undertakes to notify immediately Company if they suspect or become aware of any unauthorized use of their access credentials. Users represent and warrant that the information they submitted for registration is complete and accurate in all respects and undertake to promptly update the submitted account information to ensure that such information is complete and current. Company reserves the right to suspend, terminate, or otherwise discontinue User’s account and/or pending registration if Company has reasonable grounds to suspect that any information submitted by User is untrue, inaccurate, not current, or incomplete, or that User’s registration, account, or use of the Solution is in violation of applicable law, regulation, or these Terms of Use. Company will not be liable for any loss or damage arising from the User’s failure (whether inadvertent or intentional) to comply with these obligations.

Users authorize Company to charge the applicable fees set by the Host to the payment card or other payment account that User submits to Company and agrees that a third-party processing company may store such financial information. Users will be automatically charged for all fees and taxes as they become due. Users’ obligation to pay fees continues until the payment is satisfied. If User’s payment card issuer, account or bank does not honor charges User has paid using User’s card, account or bank, User will remain directly liable to Company for all unpaid amounts. User may cancel his or her registration by sending an email to support@ampup.io or by using the ampUp app.

Users and/or Hosts shall indemnify and hold harmless the Company, and its respective officers, directors, employees, shareholders, members, managers, and agents, from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorney’s fees and costs, arising out of or connected with any claim that the User Content or any portion of the content infringes the rights of any third-party.

11 . Data Protection and Privacy

Use of Company’s Software, Solutions and Services requires the Company to process certain personally identifiable information such as your name, phone number, location, payment details and any other personal information. By using Company’s Software, Solutions and Services you acknowledge and agrees that the Company may collect and otherwise process data related to you in accordance with the rules set out in the Company’s Privacy Policy.

12. Confidential Information

Company shall not disclose and share Users Access Credentials or any other confidential Users’ information, unless it is ordered by a court of a competent jurisdiction or as otherwise required by the law. Users and Hosts undertake to keep confidential information that is considered confidential in accordance with these Terms of Use, Privacy Policy and any additional separate agreement concluded between them and the Company.

13 . Disclaimers

Users and Hosts acknowledge that they are using the Company’s Software, Solutions and Services at their own risk and that the Company’s Software, Solutions and Services are provided to them on an “as is” and “as available” basis without any warranty on the side of the Company in relation to reliability or performance of the Software and Services.

Users and Hosts acknowledge that the Company provides no representation or warranties in relation to the functions, availability and performances of the Charging stations, EV chargers, any other hardware or software solution related to the charging stations and/or EV chargers, and/or any inadequate installation of the charging stations and/or EV chargers, which may be accessible through the Company’s Software, Solutions and Services.

Users and Hosts expressly acknowledge that Company has no responsibility for any damages to the vehicles or charging stations resulting from charging of vehicles through use of Services, and that the Company shall not be liable to anyone for losses, damages, settlements or other claims arising out of or due to the use of the Software and/or Services. Users and/or Hosts hereby represent and warrant that they understand and agree to these disclaimers and waive any such claims they may have against the Company arising out of or in any way related to User’s and/or Host’s access to or the use of the Software and/or Services.

14. Limitation of Liability

The Company’s entire and cumulative liabilities to Users, Hosts and/or any third party for any loss or damage resulting from the use of the Services and Solutions in accordance with these Terms of Use shall not exceed $50.

The Company shall not be liable to Users, Hosts or any third party for any loss of business, anticipatory profit, indirect, consequential, incidental, special, exemplary, punitive damages, lost profits or any other form of damages, losses or expenses. Users acknowledge that the limitation of liability and allocation of risks contained herein are the essential elements of the legally binding contract between the Company and Users and/or Hosts. Hosts and Users also acknowledge that certain jurisdictions do not allow limitation of exclusion of liability as provided herein, which may render some these limitations inapplicable in certain cases.

Users and Hosts not satisfied with the Company’s Software, Solutions and Services may discontinue to use the Services and acknowledge that their right to seek compensation of any damages, losses or expenses is limited to the amount mentioned in paragraph 1 of this section.

15. Injunction

The Company and Users agree that a breach or violation of Sections 3, 5, 10, or 11 of these Terms of Use results in immediate and irreparable injury and harm to the Company.

The Company shall have the right to an injunction, specific performance or other equitable relief to prevent violation of the obligations of these Terms of Use in addition to any and all available legal remedies provided by these Terms of Use and the applicable law.

16. Termination

The Company is entitled at any time and without prior notice to terminate User’s license if: (1) User requests to terminate account; or (2) User breaches or defaults under any material term of condition of these Terms of Use; (3) User fails to timely pay any required fees, or (4) for convenience.

17. Indemnification

Users and Hosts undertake to indemnify and hold harmless the Company and its officers, directors, employees, shareholders and other stakeholders, from and against any and all third parties claims, demands, liabilities, and actions directed against the Company and its officers, directors, employees, shareholders and other stakeholders, arising out of or in connection with (i) these Terms of Use, (ii) the submission of any User Content that infringes on or constitutes a misappropriation of any intellectual property right of any person or entity anywhere in the world or (iii) any disputes between Users and Hosts relating to the Company’s Services or any agreements made between those Users and Hosts. The Company shall have the right to control its own defense and engage legal counsel acceptable to the Company, while the Users and Hosts undertake to cover all legal expenses including the reasonable attorneys’ fees and other costs of litigation.

18. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California. Users acknowledge that by using the services provided under these Terms of Use, Users have submitted themselves to the laws of the state of California.

19. Costs of Litigation

In addition to any potential relief granted by a court in any dispute between Hosts, Users and the Company concerning these Terms of Use, the prevailing party shall also be entitled to recover the reasonable attorneys’ fees and costs and expenses of litigation.

20. Severability

Any provision of these Terms of Use, which is determined to be invalid, void or otherwise unenforceable shall not affect the validity of the remaining provisions of these Terms of Use which shall remain valid and applicable to the fullest extent possible.

21. No Waiver

Either party’s waiver or failure to take action in relation to breach of any of the provisions of these Terms of Use shall not be construed as a waiver of any right or obligation contained in these Terms of Use.

22. Entire Agreement; Modifications only in Writing

These Terms of Use (i) constitute the entire agreement between the Company and Users concerning the Services, content, and all other subject matter of these Terms of Use; and (ii) supersede any contemporaneous or prior proposal, representation, agreement, or understanding between the parties, as well as prior versions of these Terms of Use.

Company and Hosts may have entered into the separate agreement which in addition to these Terms of Use regulate their mutual relationship.

23. No Third-parry Beneficiaries

These Terms of Use are for the sole and exclusive benefit of the Company. Users and Hosts and are not intended to benefit any third-party. No third-party may claim any right or benefit under these Terms of Use or seek enforcement any of the terms and conditions of these Terms of Use.