Last Modified: September 15, 2020
These Terms of Service (the “Terms”) apply to and govern the use of AmbuEnergy’s mobile applications (the “Service”).
- Your relationship with AmbuEnergy
These Terms are an agreement between you and Ambu Energy Inc. (“AmbuEnergy” or “we”) and govern your access to and use of the Service.
- Accepting the Terms
Please read these Terms carefully as you will be deemed to have agreed to these Terms upon the earlier of clicking the “Accept” button or accessing or using the Service. If you do not agree to these Terms, do not click “Accept” and do not access or use the Service.
AmbuEnergy may, in its sole discretion, immediately suspend or terminate your access to and use of the Service if you are in breach of these Terms.
- Applicability of the Terms
These Terms will apply even if you have signed another agreement with AmbuEnergy which would otherwise limit the applicability of these Terms to you through an “Entire Agreement” or similar clause.
- About the Service
AmbuEnergy’s Service is a software platform that enables you to fuel your electric vehicle or EV at EV charging stations or ports. In order to enable you to receive EV fueling services from AmbuEnergy and our partners, you must create and maintain an account on our Service. By creating and using an account on our Service, you acknowledge and agree that AmbuEnergy will collect and store your personal information, including your name, mailing address (so that we may send you an AmbuEnergy card and distinguish you from another customer that might have used the same name), your phone number (so that we can send you text alerts when your EV is done charging if you opt in to receive them), your email (so that we can send you end of charging messages and communications about your account or our services), your vehicle make, model and production year (so that we will know what type of EV you’re driving if you experience issues), a password that you create when you create an account (so that you can log on), a PIN that you set up when you create an account (so that you can access a charger using your phone number and this PIN), and a token that will be connected with your credit card number, billing address and CCV number through our credit card processor (so that we can collect payment for delivering you EV charging services).
You can select whether you want to get a text and/or an email notification when your EV has completed charging by changing your preferences in our Service. Any fees from your mobile data or cellular provider to receive and respond to text and email notifications in our Service are your sole responsibility.
You can also change your password in our Service and we recommend that you safeguard your password at all times and change the password periodically.
You also acknowledge and agree that the Service will utilize the Bluetooth connection and cellular data service on your mobile device to connect with EV charging equipment and the data collection and payment processing functionality of our Service to enable you to fuel your EV and that any cellular or other connectivity fees associated with this use are your sole responsibility.
- Personal Information
- Use of the Service
You may access and use the Service strictly for the purposes of fueling your EVs. You are solely responsible for all costs, expenses, losses and liabilities incurred and for all activities you undertake in connection with the use of the Service.
YOU AGREE TO PAY ALL FEES ASSESSED THROUGH THE SERVICE TO FUEL YOUR ELECTRIC VEHICLES, EVEN IF THE COST TO USE THE SERVICE CANNOT BE DISPLAYED ON YOUR MOBILE DEVICE AT THE TIME YOU ATTEMPT TO USE THE SERVICE BECAUSE YOUR DEVICE DOES NOT HAVE INTERNET CONNECTIVITY OR FOR ANY OTHER REASON. IF YOU DO NOT AGREE TO PAY ALL FEES ASSESSED THROUGH THE SERVICE TO FUEL YOUR ELECTRIC VEHICLES, DO NOT USE THE SERVICE AND DO NOT CLICK ACCEPT BELOW. AMBUENERGY MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE, AS WELL AS MISUSE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCESS TO OR USE OF THE SERVICE, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU HAVE ENGAGED IN FRAUDULENT OR ABUSIVE USE, OR MISUSE, OF THE SERVICE.
You may not attempt to modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service, or otherwise attempt to discover its underlying code, structure, implementation or algorithms. You may not use the Service in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Service. You may not perform or attempt to perform any of the following in connection with the Service: (i) breach the security of the Service, identify, probe or scan any security vulnerabilities in the Service, accessing data not intended for you, or accessing an account or other connected device which you are not authorized to access; (ii) interfere with, circumvent, manipulate, overload, impair or disrupt the operation, or the functionality of the Service; (iii) work around or circumvent any technical limitations in the Service; (iv) use any tool to enable features or
functionalities that are otherwise disabled, inaccessible or undocumented in the Service; (vii)impersonate any person or entity, or make any false statements pertaining to your identity; (viii) collect or process information or data about the Service’s users; (ix) use the Service in a scope or manner that may adversely impact the availability, stability or responsiveness of the Service; (x) transmit, or attempt to transmit spam messages or communications. You may not use robots, crawlers and similar applications to scrape, harvest, collect or compile content from or through the Service.
YOU MAY NOT USE THE SERVICE FOR ANY ACTIVITY THAT CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.
- Term and Termination
These Terms shall continue in full force and effect until you cease to use the Service, provided that these Terms shall continue to be applicable to any of your past use of the Service in perpetuity.
- Intellectual Property
All rights, title and interest, including copyrights, patents, trademarks, trade names, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Service or any part thereof, including computer code, graphic design, layout and the user interfaces of the Service are and will remain at all times, owned by, or licensed, to AmbuEnergy.
- DISCLAIMER OF WARRANTY
We will use reasonable efforts to have the Service operate properly. However, as a Service that relies on software and third party networks, infrastructure and hardware, we do not guarantee that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors, omissions or malfunctions. If we receive notice of any failure or malfunction in the Service, or if we become aware of them by ourselves, we will make an effort to regain the Service’s availability as soon as practicable. However, such incidents will not be considered a breach of these Terms.
We may, at any time and in our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users of the Service (“Users”), or for certain Users, without any liability to you. We may also suspend the Service, in whole, or in part, for all Users, or for certain Users, for periodic maintenance or similar purposes, without any liability to you.
We may, in our discretion but without being obligated to do so, maintain the Service with updates, modifications, adaptations, improvements, or enhancements to the Service, or any of its features, user interfaces, designs or any other aspect related to it. We may do so without being obligated to provide you notice thereof.
WE DO NOT GUARANTEE, NOR DO WE MAKE ANY REPRESENTATION, AND WE PROVIDE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY OR
COMPLETENESS OF THE SERVICE. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS” AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NONINFRINGEMENT, TITLE, COMPATIBILITY AND PERFORMANCE.
- LIMITATION OF LIABILITY
THIS SECTION SETS OUT AMBUENERGY’S TOTAL LIABILITY TO THE YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. IN NO EVENT SHALL AMBUENERGY BE LIABLE, WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OF USE OR DOWNTIME, LOSS OF PROFITS, SAVINGS OR REVENUES, LOSS OF GOODWILL OR LOSS OF BUSINESS IN CONNECTION WITH YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATE LIABILITY OF AMBUENERGY, ITS AFFILIATES AND ITS AND THEIR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON AMBUENERGY’S OR THEIR BEHALF, FOR ANY AND ALL DAMAGES TO YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, SHALL BE LIMITED TO THE FEES FOR THE SERVICE PROVIDED HEREUNDER (IF ANY) THAT YOU ACTUALLY PAID AMBUENERGY FOR FUELING SERVICE RELATED TO DAMAGES.
You agree to indemnify and hold harmless AmbuEnergy and its affiliates and its and their directors, officers, employees, and vendors, upon AmbuEnergy’s request and at your expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any: (i) breach of any provision or representation herein, or (ii) third party complaint, claim, plea or demand alleging that your use of the Service infringes or violates any right of a third party (including privacy, data protection and intellectual property), where such infringement or violation would have been avoided but for your use of the Service.
- Governing Law and Venue.
Regardless of your jurisdiction of residence, or the jurisdiction from which you access the Service, your use of the Service and this Agreement will be exclusively governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding any otherwise applicable provisions of conflict of laws. Notwithstanding the foregoing, (a) AmbuEnergy may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against AmbuEnergy, and (b) nothing herein shall limit AmbuEnergy’s right to seek immediate temporary or emergency relief in any other court with competent jurisdiction.
- Complete Terms and Severability.
If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions will remain in full force and effect.
- No waiver.
Neither party will, by mere lapse of time, without giving express notice thereof, be deemed to have waived any breach, by the other party, of any terms or provisions herein. The waiver, by either party, of any such breach, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.
- Changes to Terms
You can review the most current version of these Terms at any time www.ambuenergy.com/Terms. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our mobile applications and website. It is your responsibility to check our mobile applications and website periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.