Terms of Service
These Terms of Service ("Terms") govern your access to and use of the SmartCharge website, EV charging platform, and related services (together, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Agreement
These Terms form a binding agreement between you and Usar Labs ("Usar Labs," "we," "us," or "our"), the company behind the SmartCharge product. If you use the Services on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and "you" refers to that organization. A separate written agreement with Usar Labs, where one exists, prevails over these Terms to the extent of any conflict.
2. Eligibility and Accounts
You must be able to form a binding contract to use the Services. When an account is created, you are responsible for the information you provide, for keeping your credentials confidential, and for all activity under your account. Notify us promptly of any unauthorized use.
3. Use of the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes. We may update, improve, or change the Services over time.
4. Acceptable Use
You agree not to:
- Use the Services in violation of any law, regulation, or third-party right.
- Access the Services through unauthorized means, or interfere with their operation or security.
- Attempt to reverse engineer, copy, or create derivative works from the Services, except as permitted by law.
- Introduce malware, attempt to gain unauthorized access to systems or data, or disrupt other users.
- Use the Services to send unsolicited communications or to store or transmit unlawful or infringing content.
5. Customer Data
You retain all rights in the data you or your users provide to or generate through the Services ("Customer Data"). You grant us the rights needed to host, process, and use Customer Data to provide and improve the Services and as described in our Privacy Policy. You are responsible for the accuracy of Customer Data and for having the rights needed to provide it to us.
6. Intellectual Property
The Services, including all software, content, and trademarks, are owned by Usar Labs or its licensors and are protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights in and to the Services.
7. Third-Party Services
The Services may integrate with or link to third-party products, such as chargers, telematics providers, and utility programs. We are not responsible for third-party products, and your use of them is governed by their own terms.
8. Fees
Where the Services are provided for a fee, the applicable fees, billing, and payment terms are set out in a separate order or agreement. Unless stated otherwise, fees are non-refundable and exclusive of taxes.
9. Disclaimers
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error free, or secure.
10. Limitation of Liability
To the fullest extent permitted by law, Usar Labs will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. Our total liability arising out of or relating to the Services will not exceed the amount you paid to us for the Services in the twelve months before the event giving rise to the claim, or one hundred dollars if you have not paid us.
11. Indemnification
You agree to indemnify and hold Usar Labs harmless from claims, losses, and expenses, including reasonable legal fees, arising out of your use of the Services, your Customer Data, or your breach of these Terms, except to the extent caused by our own wrongdoing.
12. Term and Termination
These Terms apply while you use the Services. We may suspend or terminate your access if you breach these Terms or if we need to protect the Services or other users. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.
13. Governing Law
These Terms are governed by the laws of the jurisdiction in which Usar Labs is established, without regard to conflict of law principles. The courts of that jurisdiction will have exclusive jurisdiction over any dispute, unless applicable law provides otherwise.
14. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update this page and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect means you accept the updated Terms.
15. Contact Us
If you have questions about these Terms, contact us: