Terms of Use

Welcome to DashCharger (the "Website"), operated by DashCharger Technologies Ltd. ("DashCharger," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our Website, EV charging operation/billing/management software & services,  and related EV charging solutions (collectively, the "Services").

 

By accessing or using our Services, you agree to comply with and be bound by these Terms.

 

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

You must be at least the age of majority in your province or territory of residence to use our Services. By using the Services, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into these Terms.

3. Description of Services

DashCharger provides engineered EV charging solutions, including:

• EV Charging Operation/Billing/Management Services: Solutions for monitoring, controlling, and optimizing EV charging infrastructure for residential and commercial properties.

• EV Charging Operation/Billing/Management Software: Cloud-based software platforms that facilitate services,  billing, payment processing, and financial management related to EV charging services.

• EV Charging Solutions: Installation, commissioning, and maintenance services tailored to the needs of condo owners, building managers, and commercial units.

4. User Accounts

4.1. Account Registration

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.

4.2. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account. DashCharger will not be liable for any loss or damage arising from your failure to protect your account information.

5. Use of the Services

5.1. License Grant

Subject to these Terms, DashCharger grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

5.2. User Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations.

• Upload, post, transmit, or otherwise make available any content that is illegal, harmful, defamatory, obscene, infringing, or otherwise objectionable.

• Interfere with or disrupt the integrity or performance of the Services or any related systems or networks.

• Attempt to gain unauthorized access to any parts of the Services, accounts, computer systems, or networks.

5.3. Restrictions

You shall not:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from DashCharger.

• Reverse engineer, decompile, disassemble, or attempt to discover the source code of any software used in the Services.

• Use any automated means, such as robots or data mining tools, to access or use the Services.

6. Fees and Payments

6.1. Pricing and Fees

Certain features of the Services may be subject to fees. The pricing, fees, and payment terms will be specified in separate agreements or on the Website. All fees are in Canadian dollars unless otherwise specified.

6.2. Payment Terms

You agree to pay all fees and charges incurred in connection with your use of the Services, including applicable taxes. Payments are due as specified and are non-refundable unless otherwise stated.

6.3. Late Payments

Failure to pay fees when due may result in suspension or termination of your access to the Services. DashCharger reserves the right to charge interest on overdue amounts at the maximum rate permitted by law.

7. Intellectual Property Rights

All intellectual property rights in and to the Services, including but not limited to software, text, graphics, logos, images, and any other materials, are owned by or licensed to DashCharger. You agree not to reproduce, modify, adapt, translate, create derivative works from, or make unauthorized use of any content provided through the Services.

8. User Content

8.1. Responsibility for User Content

You are solely responsible for any content, data, or materials you upload, post, or transmit through the Services ("User Content"). You represent and warrant that you have all necessary rights and permissions to submit such User Content.

8.2. License to DashCharger

By submitting User Content, you grant DashCharger a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and improving the Services.

8.3. Prohibited Content

You agree not to upload or transmit any User Content that:

• Infringes any third-party intellectual property or proprietary rights.

• Contains viruses, malware, or any other harmful code.

• Is false, misleading, or fraudulent.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose your personal information.

10. Third-Party Services and Links

The Services may contain links to third-party websites or resources. DashCharger is not responsible for the content, products, or services on or available from those websites or resources. Inclusion of any third-party link does not imply endorsement by DashCharger.

11. Disclaimers

11.1. No Warranty

The Services are provided on an "as is" and "as available" basis without warranties or conditions of any kind, either express or implied. DashCharger disclaims all warranties and conditions, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and availability.

11.2. Operation and Availability

DashCharger does not guarantee that the Services will be uninterrupted, secure, or free from errors, defects, viruses, or other harmful components.

12. Limitation of Liability

To the fullest extent permitted by law, DashCharger and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with your access to or use of, or inability to access or use, the Services.

13. Indemnification

You agree to indemnify, defend, and hold harmless DashCharger and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Services or violation of these Terms.

14. Governing Law

These Terms and any disputes arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

15. Dispute Resolution

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario. You and DashCharger agree to submit to the personal and exclusive jurisdiction of these courts.

16. Changes to Terms

DashCharger reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will update the "Last Updated" date at the top of these Terms when changes are made. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services after any modification to the Terms constitutes acceptance of those changes.

17. Termination

17.1. By DashCharger

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms or non-payment of fees.

17.2. Effect of Termination

Upon termination, all rights granted to you under these Terms will cease immediately, and you must cease all use of the Services.

18. Miscellaneous

18.1. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and DashCharger regarding the use of the Services and supersede any prior agreements between us relating to the subject matter herein.

18.2. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

18.3. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

18.4. Assignment

You may not assign or transfer these Terms or any rights or obligations herein without the prior written consent of DashCharger. DashCharger may assign or transfer these Terms without restriction.

19. Contact Information

If you have any questions, concerns, or comments about these Terms or our Services, please contact us:

• Email: info@dashcharger.com

• Address: VentureLab Research Centre, 3600 Steeles Ave E, Markham, ON L3R 9Z7, Canada

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.