Powerly Terms of Service
Your Guide to Using Powerly Safely and Responsibly
1. Introduction
Welcome to Powerly! These Terms of Service (“Terms”) govern your access to and use of Powerly’s platform, including our website, mobile application, and any related services (collectively, the “Platform”). By accessing or using Powerly, you agree to comply with and be bound by these Terms. Please read them carefully.
2. Acceptance of Terms
By accessing or using the Platform, you agree to be legally bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, you may not use the Platform.
3. Modification of Terms
Powerly reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Platform and, where possible, provide notice via email or other communication methods. Continued use of the Platform after such changes constitutes your acceptance of the new Terms.
4. User Accounts
To access certain features of the Platform, you must create an account. You agree to provide accurate, complete, and current information during registration and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Powerly is not liable for any loss or damage arising from your failure to safeguard your account information.
5. Service Fees
Powerly may charge service fees to users (“Service Fees”) for the use of the Platform. These fees will be displayed to users before any transaction is completed. Service Fees are non-refundable unless otherwise stated. Powerly reserves the right to change Service Fees with adequate notice prior to implementation. Fee changes will not affect bookings made before the effective date of the change.
6. Payment Terms
Powerly uses third-party payment processors to facilitate transactions on the Platform. By using these services, you agree to comply with any terms set by these payment processors. You are responsible for paying all fees and applicable taxes associated with your use of the Platform. Payment methods may include credit/debit cards, PayPal, and other supported payment gateways. Refunds, if applicable, are processed according to our Refund Policy.
7. Refund Policy
Refunds may be issued in specific cases, such as service disruptions, billing errors, or if the Charging Station Host fails to provide the service as described. To request a refund, you must contact our support team within 30 days of the transaction. Refunds will be processed through the original payment method and may take up to 10 business days to reflect in your account. In some cases, Powerly may offer credits instead of refunds.
8. Charging Station Host Responsibilities
Charging Station Hosts on the Powerly platform are required to provide accurate and complete information about their EV charging services. This includes, but is not limited to:
- Charging Speed: Specify the power output (e.g., 7kW, 22kW, 50kW).
- Connector Types: Clearly indicate the types of connectors available (e.g., Type 2, CCS, CHAdeMO).
- Accessibility: Provide details on physical access, hours of operation, and any special accessibility features.
- Availability: Accurately list the availability of the charging station and update it promptly as needed.
Charging Station Hosts are liable for any inaccuracies or omissions in the information provided. If the service is not available as listed or if there is a disruption, the Charging Station Host must promptly notify affected users and may be required to offer a refund or an alternative solution. Failure to maintain accurate listings or resolve service issues may result in penalties or removal from the Platform.
9. User Responsibilities and Acceptable Use
Users are expected to use the Platform responsibly and in compliance with all applicable laws and regulations. Prohibited activities include, but are not limited to, engaging in fraudulent activities, harassing others, distributing harmful content, or misusing the Platform in any way. Powerly reserves the right to suspend or terminate user accounts for any violations of these Terms.
10. User-Generated Content
Users may submit content to the Platform, including reviews, comments, and other materials. By submitting content, you grant Powerly a non-exclusive, worldwide, royalty-free license to use, distribute, modify, and display such content in connection with the Platform.
- Ownership: You retain ownership of your content but grant Powerly the rights to use it as described.
- Content Standards: All content must be lawful, respectful, and must not infringe on the rights of others. Powerly reserves the right to remove or modify content that violates these standards or is otherwise deemed inappropriate.
- Liability: You are solely responsible for the content you submit and any consequences thereof. Powerly is not liable for user-generated content but reserves the right to take action against users who violate content standards.
11. Intellectual Property
All content and intellectual property on the Platform, including but not limited to software, text, images, and logos, are owned by or licensed to Powerly. You may not reproduce, distribute, or create derivative works from any content on the Platform without prior written consent from Powerly.
12. Environmental and Sustainability Policy
Powerly is committed to promoting sustainability and reducing environmental impact. We encourage all users to adopt eco-friendly practices, including:
- Renewable Energy Use: Use renewable energy sources for charging whenever possible.
- Energy Efficiency: Optimize charging times and speeds to reduce energy consumption.
- Carbon Footprint Reduction: Participate in carbon offset initiatives to minimize the environmental impact of charging activities.
Powerly strives to minimize its carbon footprint through the use of efficient technologies and supports users in making environmentally conscious choices.
13. Indemnification
You agree to indemnify and hold Powerly, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with your use of the Platform, your breach of these Terms, or your violation of any rights of another party.
14. Limitation of Liability
Powerly is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform. This includes, but is not limited to, loss of profits, data, or goodwill, even if Powerly has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, Powerly’s liability is limited to the maximum extent permitted by law.
15. Dispute Resolution and Arbitration Agreement
Any disputes arising out of or relating to these Terms will be resolved through binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Both parties waive the right to a jury trial and agree not to participate in a class-action lawsuit. Arbitration will be conducted under the rules of a recognized arbitration organization, and any award may be entered into a court of competent jurisdiction.
16. Termination of Service
Powerly reserves the right to suspend or terminate your access to the Platform at any time, with or without cause, and without prior notice. Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may do so at any time by contacting Powerly support.
17. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which you reside. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in your respective region.
18. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Powerly, constitute the entire agreement between you and Powerly concerning your use of the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
19. Contact Information
For any questions about these Terms, our policies, or any other inquiries, please contact us at [email protected].