NeoCharge Terms of Service
Last Updated: Feb 10, 2025
Welcome to NeoCharge! These Terms of Service (“Terms”) govern your access to and use of the products and services (collectively, the “Services”) provided by NeoCharge, Inc. (“NeoCharge,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific Services. If you do not agree with these Terms, you may not use the Services.
1. Definitions
1.1 “User” or “you” means the individual or entity accessing or using the Services.
1.2 “Content” means any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.
1.3 “User Content” means any Content that you provide to be made available through the Services.
1.4 “NeoCharge Content” means the Content that NeoCharge makes available through the Services, including any Content licensed from a third party, but excluding User Content.
1.5 “Environmental Attributes” means any and all carbon credits, renewable energy certificates, emissions reductions, sustainability offsets, and other environmental advantages or benefits (including, but not limited to, greenhouse gas emission reductions, renewable energy generation, or energy efficiency improvements) that may be associated with, resulting from, or attributable to your purchase, ownership, or use of an electric, hybrid, or alternative fuel vehicle. These Environmental Attributes may be used to comply with various federal, state, or local emissions reduction, energy conservation, or renewable energy programs, standards, or obligations.
2. Eligibility and Account Registration
2.1 You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.
2.2 You may need to register for an account to access some or all of our Services. When you register for an account, you must provide accurate and complete information and keep your account information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NeoCharge immediately of any breach of security or unauthorized use of your account.
3. Our Services
3.1 Scope
NeoCharge provides a smart charging service for electric vehicle owners, which may include the NeoCharge Connect mobile application (“App”), the NeoCharge Smart Splitter device (“Device”), and related software and services (collectively, the “NeoCharge Services”).
3.2 Functionality
The NeoCharge Services allow you to monitor and control the charging of your electric vehicle, optimize your charging schedule based on electricity rates and other factors, and participate in incentive programs offered by NeoCharge or third parties.
3.3 Compliance
To use the NeoCharge Services, you may need to connect the Device to your electric vehicle and your home’s electrical system, and install the App on your mobile device. You are solely responsible for ensuring that your use of the NeoCharge Services complies with all applicable laws, regulations, and manufacturer instructions for your electric vehicle and charging equipment.
3.4 Environmental Attributes & Clean Peak Energy Standard Program
By using NeoCharge Services, you agree to assign and transfer to NeoCharge all rights, titles, and interests in any Environmental Attributes that may be associated with or derived from your purchase, ownership, or use of an electric, hybrid, or alternative fuel vehicle. You acknowledge that:
• Environmental Attributes (including Clean Peak Energy Certificates, where applicable) may have monetary value.
• You have the option to apply to certain programs (e.g., the Massachusetts Clean Peak Energy Standard Program) on your own behalf or through a third-party Clean Peak Resource Provider (“CPRP”). If you elect to work with a CPRP, you are forgoing direct monetization of such Environmental Attributes under the relevant program(s).
• NeoCharge makes no representation or warranty regarding the monetary outcomes or environmental benefits resulting from your participation in any such program.
You represent and warrant that these Environmental Attributes are unencumbered and free from any third-party claims or rights. You agree to cooperate with NeoCharge to ensure NeoCharge can secure its ownership of these Environmental Attributes, including taking any actions reasonably required to facilitate the attributes. This assignment of Environmental Attributes to NeoCharge is considered part of the compensation for the Services provided. You have been provided sufficient information to understand that, by working with a CPRP, you release your rights to any Environmental Attributes generated, with consideration or remuneration as determined by your agreement with the CPRP or with NeoCharge, as applicable.
3.5 Data Ownership and Collection
By using the NeoCharge Services, you acknowledge and agree that:
(i) NeoCharge owns all rights, title, and interest in any and all data collected through the NeoCharge Services, including but not limited to:
• Charging session data
• Electricity consumption measurements
• Temporal data (timestamps, durations)
• Power distribution data
• Device status and performance metrics
• Usage patterns and analytics
(ii) Such data collection includes all information transmitted by:
• NeoCharge Smart Splitter devices
• Connected charging stations
• Mobile applications
• Web interfaces
• Any other NeoCharge hardware or software)
(iii) NeoCharge maintains exclusive rights to:
• Collect and store all charging-related data
• Process and analyze collected data
• Use the data for regulatory compliance and reporting
• Generate and monetize environmental attributes
• Create aggregate statistics and analytics
(iv) As the charging network operator, NeoCharge:
• Operates the communication platform that collects data from charging stations
• Maintains ownership of all collected data
• Has the right to submit such data to regulatory bodies
• May use the data to participate in environmental credit programs
4. User Content
4.1 Ownership
You retain all rights in, and are solely responsible for, the User Content you post to the Services. By posting User Content, you grant NeoCharge a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
4.2 Warranties
You represent and warrant that:
(i) You own or control all rights in and to the User Content and have the right to grant the rights granted herein;
(ii) The User Content does not violate any third-party rights, including intellectual property rights and privacy rights; and
(iii) The User Content does not contain any harmful, misleading, or inappropriate content.
4.3 Monitoring
NeoCharge has the right, but not the obligation, to monitor and edit or remove any User Content for any reason, including User Content that NeoCharge believes violates these Terms or may harm the reputation of the Services.
5. NeoCharge Content
5.1 Ownership
The Services and NeoCharge Content are protected by copyright, trademark, and other laws of the United States and other countries. Except as expressly provided in these Terms, NeoCharge and its licensors exclusively own all right, title, and interest in and to the Services and NeoCharge Content, including all associated intellectual property rights.
5.2 License to You
NeoCharge grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and NeoCharge Content for your personal, non-commercial use, subject to these Terms.
6. Device and App License
6.1 Limited License
Subject to your compliance with these Terms, NeoCharge grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the App on your personal mobile device, and to use the Device in connection with the NeoCharge Services, solely for your personal, non-commercial use.
6.2 Restrictions
You may not copy, modify, distribute, sell, or lease any part of the App or Device, nor may you reverse engineer or attempt to extract the source code of the App or Device, unless laws prohibit those restrictions or you have our written permission.
7. Third-Party Services
7.1 Access
The Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services (“Third-Party Services”). When you access Third-Party Services, you do so at your own risk. NeoCharge is not responsible for examining or evaluating the content or accuracy of any Third-Party Services, and NeoCharge does not warrant or endorse and does not assume or have any liability or responsibility for any Third-Party Services.
7.2 Terms
Your use of Third-Party Services may be subject to additional terms and conditions and privacy policies of the third-party providers. It is your responsibility to review and comply with any such additional terms and policies.
8. User Conduct
8.1 Prohibited Conduct
You agree not to use the Services to:
• Violate any applicable law or regulation;
• Infringe the rights of any third party, including intellectual property, privacy, publicity, or contractual rights;
• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
• Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
• Otherwise attempt to interfere with the proper working of the Services.
9. Intellectual Property
9.1 Respect for IP
We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate the accounts of repeat infringers.
9.2 DMCA Notices
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with a written notice that includes the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Services;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated copyright agent to receive notices of claimed infringement is:
10. Feedback
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You grant to NeoCharge a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, assignable, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display any Feedback for any purpose, without any compensation or obligation to you.
11. Disclaimer of Warranties
11.1 AS-IS
THE SERVICES, INCLUDING THE APP, DEVICE, AND ALL CONTENT AND FEATURES MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEOCHARGE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
11.2 No Guarantee
NEOCHARGE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEOCHARGE MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
12. Limitation of Liability
12.1 Exclusion of Damages
NEITHER NEOCHARGE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEOCHARGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
12.2 Liability Cap
IN NO EVENT WILL NEOCHARGE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO NEOCHARGE FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NEOCHARGE.
13. Dispute Resolution and Arbitration
13.1 Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions.
13.2 Agreement to Arbitrate
You and NeoCharge agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
• To bring an individual action in small claims court; and
• To seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.
13.3 Arbitration Rules
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitration will be conducted by JAMS under the rules available at www.jamsadr.com. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
13.4 Location and Procedure
The arbitration will be conducted in the county where you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or NeoCharge may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator’s discretion.
13.5 Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the JAMS Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief.
13.6 Fees
Your responsibility to pay any JAMS filing, administrative, and arbitrator fees will be solely as set forth in the JAMS Rules. However, if your claim for damages does not exceed $75,000, NeoCharge will pay all such fees unless the arbitrator finds that the claim was frivolous or brought for an improper purpose.
13.7 Changes to Arbitration Provision
If NeoCharge changes this “Dispute Resolution” section after the date you first accepted these Terms, you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective.
14. Indemnification
You agree to defend, indemnify, and hold NeoCharge and its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:
• Your access to or use of the Services;
• Your User Content;
• Your violation of these Terms; or
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
15. Modification
15.1 Right to Modify
NeoCharge reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. If you do not agree with any material changes, you may terminate your use of the Services by notifying us within 30 days of the effective date of such changes.
16. Termination
16.1 Termination Rights
NeoCharge may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
16.2 Effect of Termination
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. You must cease using the Services and delete all copies of the App from your mobile devices. Notwithstanding termination, any rights or claims to Environmental Attributes assigned under Section 3.4 shall remain with NeoCharge, and all user data will be handled in accordance with our Privacy Policy. NeoCharge will not have any liability whatsoever to you for any termination of your access to the Services.
17. General Terms
17.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between NeoCharge and you regarding the Services and Content, and these Terms supersede and replace any prior oral or written understandings or agreements between NeoCharge and you regarding the Services and Content.
17.2 Severability
If any provision of these Terms is held invalid or unenforceable, such provision will be deemed modified to the extent necessary to make it valid and enforceable. If it cannot be so modified, it will be deemed deleted, and the remaining provisions will remain in effect.
17.3 Waiver
The failure of either party to exercise any right provided for herein will not be deemed a waiver of any further rights hereunder.
17.4 Force Majeure
NeoCharge will not be liable for any failure or delay in performing its obligations under these Terms when such failure or delay is due to any cause beyond NeoCharge’s reasonable control, including acts of God, labor disputes, electrical or power outages, utilities or other telecommunications failures, earthquakes, storms, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
17.5 Assignment
These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with NeoCharge’s prior written consent. NeoCharge may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
17.6 Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.
17.7 Notices
Unless otherwise specified, all notices under these Terms will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed if transmitted by email; or the day after it is sent if sent for next day delivery by a recognized overnight delivery service.
17.8 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
18. Contact Information
If you have any questions about these Terms or the Services, please contact NeoCharge at:
• Email: exec@neocharge.io
• Mail:
NeoCharge, Inc.
Attn: Legal Department
75 Higuera Street, Suite 120
San Luis Obispo, CA 93401
