NeoCharge Terms of Service

Last Updated: Sep 16, 2025

Welcome to NeoCharge! These Terms of Service (“Terms”) govern your access to and use of NeoCharge, Inc.’s websites, mobile applications, software, devices, programs, and other products and services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

These Terms may change. Unless a different effective date is stated, updates take effect 30 days after we post the revised Terms at https://getneocharge.com/pages/terms-of-service. Continued use after the effective date means you accept the changes.

1. Definitions

1.1 “User,” “you,” or “your” means the person or entity using the Services.
1.2 “App” means the NeoCharge mobile or web application.
1.3 “Device” means NeoCharge hardware, including the 240V NeoCharge Smart Splitter, and any accessories.
1.4 “Connected Device” means an EV, EVSE/charger, inverter, smart meter, Smart Splitter, or other device you link to the Services.
1.5 “Environmental Attributes” means any credits, certificates, offsets, allowances, reductions, or similar benefits related to energy usage, energy shifting, renewable generation, or emissions reductions (e.g., RECs, clean‑peak certificates, including Clean Peak Energy Certificates where applicable).
1.6 “Program Vendor” means a utility, aggregator, market participant, or other third party enabling energy/market programs with or through NeoCharge.
1.7 “Market Operator” means an ISO/RTO or other market administrator.
1.8 “Subscription” means a paid plan that unlocks features (e.g., Solar Smart Charging, EV Connection, premium analytics).
1.9 “Operational/Device Data” means telemetry, measurements, usage patterns, charge/discharge intervals, power/current/voltage, status, timestamps, faults, and similar technical information from the Services and Connected Devices.
1.10 “Derived Data” means data or insights generated by NeoCharge from Operational/Device Data (e.g., analytics, models, forecasts).
1.11 “Aggregated/De‑identified Data” means data that does not identify you.

2. Eligibility & Account Registration

2.1 Eligibility. You must be at least 18 years old (or the age of majority where you live) to use the Services.
2.2 Account. Some features require an account. Provide accurate information and keep it current. You are responsible for all activity under your account and for safeguarding credentials. Notify NeoCharge immediately of any unauthorized use.

3. Services & Device Use

3.1 Scope. The Services may include the App, the Smart Splitter, software, APIs, integrations with EVs/chargers/inverters, utility and market participation features, and ecommerce.
3.2 Functionality. Features may include monitoring and controlling EV charging, load‑sharing, schedule optimization, solar‑aware charging, utility/market program enrollment, rewards, analytics, and similar functions. Features may vary by region, device, or partner.
3.3 Connected Device Access & Control (Consent). By connecting a Connected Device, you authorize NeoCharge to (i) read device telemetry and status (e.g., plug/charge state, state of charge, power/current/voltage, faults), and (ii) send commands needed to provide the Services (e.g., start/stop/delay charging, set schedules, load‑sharing, demand‑response events, solar optimization). You may revoke access in the App; related features will stop functioning without access. We do not guarantee any particular state‑of‑charge by any time; always confirm charge level before driving.
3.4 Safety & Installation (Smart Splitter). The Smart Splitter involves high‑voltage equipment. You are responsible for compatibility, code‑compliant installation (including using a licensed electrician where required), and adherence to EV/charger manufacturer instructions and applicable codes (e.g., NEC) and local requirements. The Smart Splitter aids load management but is not a life‑safety device and does not replace overcurrent protection, GFCI/AFCI devices, or other code‑required equipment. Do not exceed rated capacity or use in prohibited environments. You are solely responsible for obtaining and maintaining any permits, inspections, or approvals required by local authorities.
3.5 Software/Firmware Updates. You consent to NeoCharge automatically delivering firmware and software updates (e.g., security patches, bug fixes, feature changes). Some updates may be required to continue using the Services or Device.
3.6 App Store Terms. If you download the App from the Apple App Store or Google Play, those stores’ terms also apply. The App Stores have no obligation to provide support or warranties for the App; they are third‑party beneficiaries of these Terms regarding your license to the App.
3.7 Connected Device Security. NeoCharge implements reasonable security features appropriate to the Smart Splitter’s function, including unique default credentials or a first‑use credential change requirement.
3.8 Beta Features. From time to time we may offer beta or experimental features. These are provided AS IS, may change or end at any time, and may have limited accuracy or availability.
3.9 Measurement & Analytics. Unless we expressly state otherwise, measurements, estimates, and analytics provided by the Services (including kWh, intervals, demand, and solar/charge forecasts) are not revenue‑grade and must not be used for utility billing or any purpose requiring revenue‑grade accuracy. Utility tariffs, surcharges, and demand charges vary and change; any estimates may not reflect your actual rate and must not be used for billing.
3.10 Connectivity & Third‑Party Dependencies. Some features rely on third‑party services (e.g., vehicle OEM telematics, charger cloud platforms, home internet/cellular). Availability may depend on those providers’ uptime and your paid telematics subscriptions where required. NeoCharge is not responsible for outages, changes, or fees imposed by those providers, and certain features may not function without them.
3.11 User Responsibility for Safe Operation. Charging schedules and load‑sharing do not replace prudent judgment; confirm available capacity and do not exceed device ratings, manufacturer instructions, or code requirements.
3.12 AI & Automated Recommendations. Certain features may use automated models or AI‑powered services to generate insights or recommendations (e.g., schedules, cost/solar forecasts). Outputs may be inaccurate, incomplete, or not suitable for your situation. Use independent judgment and do not rely on Outputs for life‑safety or mission‑critical decisions. NeoCharge is not responsible for actions you take based on such Outputs and may change or disable these features at any time.
3.13 Disconnected Devices; Removal & Data Export. If a Connected Device remains disconnected or otherwise fails to transmit telemetry for 60 consecutive days, we may remove that device from your account to prevent ongoing connection attempts and related costs. Removal stops further data collection, and historical data associated solely with that device may be deleted and cannot be restored (Derived or Aggregated/De‑identified Data may be retained under §6). While the device remains linked, you can export your available charging/usage data in the App (e.g., CSV). Once removed, historical gaps will not be backfilled.

4. Subscriptions & Billing

4.1 Plans. Certain features (e.g., Solar Smart Charging, EV Connection, premium analytics) require a Subscription.
4.2 Auto‑Renew. Subscriptions renew automatically until canceled. By starting a Subscription, you authorize NeoCharge (or our payment processor) to charge the then‑current fees and applicable taxes at each renewal.
4.3 Free Trials. If offered, free trials convert to paid Subscriptions at the end of the trial unless you cancel before conversion. We disclose trial length and price before enrollment.
4.4 Price Changes. We may change Subscription fees on renewal with advance notice and an easy online path to cancel before the change takes effect. For California customers, we provide notice between 7 and 30 days before the new fee takes effect as described in §4.12(iv).
4.5 How to Cancel.
(a) Website/App sign‑ups: you can cancel online in your NeoCharge account. We provide a straightforward, self‑service cancellation using the same medium you used to sign up. Cancellation is effective at the end of the current term.
(b) App Store/Google Play sign‑ups: you must cancel in the respective store. We cannot cancel those for you.
4.6 Refunds. Except where required by law, payments are non‑refundable and there are no partial‑period refunds; service continues through the end of the billing period.
4.7 Taxes. Fees are exclusive of taxes; we may collect taxes as required by law.
4.8 Promotions. Promotional terms apply as stated in the offer; if not stated, promotions may be modified or terminated at any time.
4.9 Plan Changes (Upgrades/Downgrades). You may change plans at any time. If you upgrade, the new plan may start immediately or at the end of your current term depending on your purchase channel (web/App vs. App Store/Google Play); any price difference may be pro‑rated or credited according to the applicable store’s policies. If you downgrade, the change takes effect at the end of your current paid term and we do not provide partial‑period refunds. Where subscriptions are managed by Apple or Google, their rules on proration, refunds, and effective dates apply and we cannot override them.
4.10 Non‑Payment. If we cannot collect Subscription fees when due, we may suspend access to paid features until payment is restored. During suspension, you may retain access to account settings and historical data (subject to our data retention practices and applicable law). Once payment is resolved, access is restored; we have no obligation to recover any data not collected during the suspension.
4.11 Post‑Subscription Grace for Connected Vehicles. When a trial or paid Subscription ends, we may keep your Connected Device in a read‑only state for up to 30 days to allow you to export data or resubscribe (some features may be unavailable). After the grace period, we may remove the Connected Device per §3.13.
4.12 California Auto‑Renewal (California customers). For subscriptions subject to California’s Automatic Renewal Law:
(i) We provide a prominently located Manage Subscription button in the App that opens your device platform’s native subscription settings to cancel online at will. For App Store or Google Play purchases, cancellation must be completed in the respective platform.
(ii) We deliver an annual reminder once every 12 months in the same medium used to enroll or a medium we regularly use to communicate with you (for App Store/Google Play purchases, this may be an in‑app message). The reminder discloses the product/service, the frequency and amount of charges, and how to cancel.
(iii) If a free trial or promotional price lasts more than 31 days, we send a reminder 3–21 days before it ends with instructions to cancel to avoid charges.
(iv) For any price increase, we provide clear notice 7–30 days before it takes effect, including how to cancel.

5. Environmental Attributes; Utility Programs; Rewards

5.1 Environmental Attributes (Assignment). Environmental Attributes (e.g., renewable/clean‑peak certificates, including Clean Peak Energy Certificates where applicable, emissions reductions) attributable to your use of the Services and Connected Devices may have monetary value. As consideration for the Services and/or program benefits, you hereby assign to NeoCharge (and, where applicable, its Program Vendor) all right, title, and interest in Environmental Attributes attributable to your Connected Devices and participation through the Services. You represent these Attributes are free of third‑party claims and agree to reasonably cooperate (e.g., execute forms) so NeoCharge can perfect its interest. If a program requires you to apply directly and retain attributes, you may choose not to assign; certain features or rewards may be unavailable. For clarity, Environmental Attributes include carbon credits and any tradable instruments arising from smart‑charging, demand flexibility, or avoided emissions; you authorize NeoCharge (and applicable Program Vendors) to create, register, and monetize such attributes.
5.1(a) Massachusetts Clean Peak Programs (CPRP Option). If you are located in Massachusetts, you may apply to the Clean Peak Energy Standard program either (i) on your own behalf, or (ii) through a Clean Peak Resource Provider (“CPRP”) or Authorized Agent (which may be NeoCharge or a third party). If you elect to work with a CPRP/Authorized Agent, you acknowledge that the CPRP/Authorized Agent—not you directly—will register, report, and transact any Clean Peak Energy Certificates (“CPECs”) associated with your eligible resource(s), and you will forego any separate, direct monetization of those Environmental Attributes during the term of that enrollment.
5.1(b) No Double Claims. You represent and warrant that any Environmental Attributes you assign to NeoCharge (or its Program Vendor/CPRP) are free of conflicting assignments and will not be claimed by you or any other party for the same period.
5.1(c) Switching / Revocation. You may revoke NeoCharge’s CPRP/Authorized Agent designation in your App settings or by written notice, subject to program timelines and any in‑flight measurement, verification, or settlement. Revocation may take one or more billing/settlement cycles to become effective, and certain features or rewards may become unavailable.
5.1(d) Program Control. Program rules, eligibility, and settlement are governed by applicable regulations and operator guidelines (including Massachusetts DOER Clean Peak rules). NeoCharge does not control program availability, payments, or rule changes.
5.2 Utility/Market Participation. If you enroll in a utility, aggregator, or market program via NeoCharge, you authorize NeoCharge and its Program Vendors to share the minimum necessary data (e.g., charging intervals, kWh, telemetry, enrollment identifiers) with program operators for eligibility, registration, settlement, and compliance. During events or tests, we may automatically adjust charging or load‑sharing to meet program goals; you can opt out in settings or by disconnecting. We may use aggregated or program‑required interval/metering data with Program Vendors and Market Operators solely for eligibility, settlement, and performance validation. During events or tests we may delay or interrupt charging; you remain responsible for ensuring sufficient charge for your needs.
5.3 Rewards. Rewards/credits (if offered) are discretionary, program‑specific, and may include eligibility thresholds or expiration disclosed in the offer. Payments may be delivered by a third‑party disbursement provider. Suspected fraud, ineligibility, or disconnection may result in forfeiture.
5.4 Program Terms. If a specific program’s terms conflict with these Terms for that program, the program terms control for your participation in that program.
5.5 Canada — Residential Carbon Credits. By creating an account and using the Services to generate Environmental Attributes in Canada for home/non-commercial charging, you agree that the electricity quantity used solely for crediting may be determined within a ±5% limit of error. This does not apply to billing or the sale of electricity. If a program or law requires tighter accuracy, those rules control and NeoCharge may adjust measured values or decline to create credits. You confirm the covered device is residential and that you have authority to give this consent (see §3.9).

6. Data; Privacy

6.1 Personal Data. Our collection and use of your personal information are described in our Privacy Policy, which is incorporated by reference. We do not claim ownership of your personal data.
6.2 Operational/Device Data; Ownership & License.
(a) Your Ownership of Raw Data. As between you and NeoCharge, you own the Operational/Device Data generated by your Connected Devices and use of the Services (e.g., charging session logs, timestamps, power/current/voltage, status/faults, schedules, and similar telemetry).
(b) License to NeoCharge. You grant NeoCharge a non‑exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty‑free license to collect, store, use, reproduce, analyze, modify, and create Derived Data from Operational/Device Data to (i) provide, maintain, secure, and improve the Services and Devices; (ii) support safety, compliance, customer support, and fraud prevention; (iii) enable grid/market program participation and settlement; and (iv) develop, train, and evaluate analytics, models, and new features.
(c) Derived & Aggregated Data. NeoCharge owns all Derived Data (insights, models, forecasts) and Aggregated/De‑identified Data that does not identify you, and may use, disclose, commercialize, and publish such data. NeoCharge will not attempt to re‑identify Aggregated/De‑identified Data.
(d) Program & Partner Sharing. For utility/market programs you enroll in (or integrations you connect), you authorize NeoCharge to share the minimum necessary Operational/Device Data and enrollment identifiers with program operators, utilities, aggregators, market administrators, and participating partners for eligibility, dispatch, measurement, verification, and settlement.
(e) Privacy Controls. Our collection and use of personal data are described in our Privacy Policy. Where required by law, you may access, export, or delete personal data as described there.
6.3 Derived & Aggregated/De‑identified Data. NeoCharge may own, use, and commercialize Derived Data and Aggregated/De‑identified Data that does not identify you.
6.4 Access/Deletion. Where required by law, you may request access, export, or deletion of personal data as described in our Privacy Policy.
6.5 Retention & Portability for Removed Devices. We provide a self‑service CSV export for charging/usage data while a Connected Device remains linked to your account. After removal under §3.13, we may be unable to provide historical data beyond what we retain under our Privacy Policy and applicable law.

7. User Content

7.1 Ownership. You retain ownership of content you submit to the Services (“User Content”).
7.2 License. You grant NeoCharge a worldwide, royalty‑free, non‑exclusive, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display User Content for operating, improving, and promoting the Services.
7.3 Warranties. You represent you have rights to your User Content and that it does not infringe others’ rights or violate law.
7.4 Moderation. We may remove or restrict User Content that violates these Terms or law.
7.5 Storage. We have no obligation to store, maintain, or provide you with copies of User Content or data. We may mark accounts inactive and archive or delete content after a period of inactivity, as permitted by law.

8. NeoCharge Content & IP; Licenses

8.1 Ownership. The Services, the Device, the App, and all NeoCharge content are protected by IP laws. Except as expressly granted, NeoCharge and its licensors reserve all rights.
8.2 Your License to the Services. Subject to these Terms, NeoCharge grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to use the Services and NeoCharge content for your personal, non‑commercial use.
8.3 Software Licenses
(a) App License. Subject to these Terms, you may install and use one copy of the App on devices you own or control for your personal use. You may not copy, modify, distribute, reverse engineer, or make the App or Services available to multiple users except as permitted by law.

(b) Device Firmware License (Licensed, Not Sold). The software and firmware pre-installed on or delivered for use with a NeoCharge Device (collectively, “Firmware”) are licensed, not sold, to you. Subject to these Terms, NeoCharge grants you a limited, non-exclusive, non-transferable (except as set out below), non-sublicensable license to use the Firmware solely on the Device on which it is installed and solely to operate that Device for its intended purpose. You will not copy (except for backup/archival), modify, adapt, translate, reverse engineer, decompile, or disassemble the Firmware except to the extent such restrictions are prohibited by applicable law. Title to and ownership of the Firmware (and all copies) remain with NeoCharge and its licensors. If you lawfully transfer ownership of a Device, this license automatically transfers with the Device to the transferee, who is deemed to accept these Terms by using the Device; any other transfer is void. NeoCharge may provide updates under §3.5, which are deemed part of the Firmware and subject to this license.

(c) Acceptance Outside the App (Retail & Offline Purchases). The Firmware license applies whether or not you use the App. By installing, powering on, or using the Device or its Firmware after delivery, you agree to the Software License in these Terms. If you do not agree, do not install or use; contact NeoCharge or your seller within the applicable return period for a refund consistent with the seller’s policy and applicable law. The current Software License is available at https://getneocharge.com/pages/terms-of-service.

9. Third‑Party Services & Links

The Services may interface with third‑party sites, apps, devices, APIs, utilities, aggregators, and Market Operators (“Third‑Party Services”). Use them at your discretion and subject to their terms. NeoCharge does not control or assume responsibility for Third‑Party Services.
If a Third‑Party Service ceases to make its service available for interoperation with the Services on reasonable terms, we may suspend or discontinue the related features without refunds, credits, or other compensation.

10. Communications (Email / Push / SMS)

10.1 Service & Safety. We may send non‑marketing communications about your account, Subscriptions, the Device or Connected Devices (e.g., security alerts, billing or terms updates, authentication codes, and safety/recall notices) via in‑app messages and, where available, email. For SMS:

United States. By providing your mobile number in connection with your account or the Services, you consent to receive non‑marketing texts related to your account, Device, Connected Devices, and the Services. You can stop SMS at any time by replying STOP. Message/data rates may apply.
Canada. We send non‑marketing texts without separate consent only where consent is not required under Canada’s Anti‑Spam Legislation (for example, messages that solely: provide warranty, recall, safety or security information; confirm or facilitate a transaction you agreed to; or provide factual information about an ongoing subscription/account). Otherwise, we send SMS only if you have opted in. You can stop SMS at any time by replying STOP. Message/data rates may apply.

10.2 Marketing Email.
• United States recipients. We may send marketing emails. Every marketing email includes an unsubscribe link; we honor email opt‑outs within 10 business days as required by law.
• Canada recipients. We send marketing emails only with consent under Canada’s Anti‑Spam Legislation (CASL) (e.g., express opt‑in or qualifying implied consent). You can withdraw consent at any time using the unsubscribe link in our emails.
10.3 Marketing SMS. We will not send marketing texts unless you give prior consent by opting in to a NeoCharge texting program. By opting in, you agree to receive recurring, automated texts from NeoCharge at the mobile number you provide; message frequency varies; message/data rates may apply; reply STOP to cancel, HELP for help; and consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages.
10.4 Revocation of Consent; Unsubscribe. You may opt out of marketing at any time: for email, use the unsubscribe link in any marketing email; for SMS, reply STOP. We process revocations promptly, and for email we implement unsubscribes within 10 business days.
10.5 Required Subscription Notices (California). We may deliver legally required subscription notices (e.g., the annual reminder, price‑change notices) by in‑app message or another medium we regularly use to communicate with you. These are not marketing messages.

11. Online Store Terms

11.1 Orders. Orders placed on our site are offers to purchase; we may accept or reject after verification. We may limit or cancel quantities (e.g., suspected fraud or resale).
11.1(a) Payment Authorization. You authorize NeoCharge and our payment processors to charge your selected payment method for Transactions (including Subscriptions), and to share payment information with processors and disbursement providers to complete Transactions, prevent fraud, and administer rewards. We may request additional information to verify your identity or payment method (including temporary authorization holds). NeoCharge is not responsible for acts or omissions of your payment provider.
11.2 Pricing/Availability. Prices, promotions, and availability may change. We may correct errors. Applicable taxes and shipping are shown at checkout.
11.3 Title & Risk. Title and risk of loss transfer on delivery to the carrier, unless required otherwise by law.
11.4 Returns/Warranty. See our Warranty & Returns policy, which governs in case of conflict.

12. Prohibited Conduct

You agree not to: violate law; infringe IP or privacy rights; harass others; interfere with the Services; introduce malware; access non‑public areas; scrape, crawl, or use bots; or attempt to bypass security or usage limits.
12.1 Content Standards. You will not upload, post, store, transmit, or otherwise make available any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity or privacy, or other rights; (ii) violates, or encourages conduct that would violate, any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
12.2 Security and Integrity. You will not: (a) access, probe, scan, or test the vulnerability of the Services or any related system or network, or breach or circumvent authentication or security; (b) intercept, monitor, or analyze communications between the Device, Connected Devices, or the Services (including packet “sniffing,” RF/protocol analysis, or attempts to derive source code or firmware) except as permitted by law; (c) introduce malware, time bombs, or similar harmful code; (d) forge headers or otherwise manipulate identifiers; (e) overload, flood, spam, or otherwise interfere with the Services; or (f) use non‑public interfaces, bots, or unauthorized APIs.
12.3 Competitive Use. You will not access the Services for the purpose of monitoring availability, performance, or functionality, or for any benchmarking or competitive purpose.

13. Intellectual Property; DMCA

13.1 Respect for IP. We respect IP rights and will respond to clear notices of alleged infringement.
13.2 DMCA Agent.
Pursuant to 17 U.S.C. §512(f), any person who knowingly misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.

Submit DMCA notices with: (i) signature; (ii) identification of the work; (iii) location of the infringing material; (iv) contact info; (v) a good‑faith statement; and (vi) a statement under penalty of perjury that you are authorized.

14. Feedback

If you send ideas, suggestions, or feedback, you grant NeoCharge a perpetual, irrevocable, worldwide, royalty‑free license to use them without restriction or compensation.

15. Disclaimers

THE SERVICES (INCLUDING THE APP, DEVICE, AND ALL FEATURES) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEOCHARGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR‑FREE OPERATION, OR SPECIFIC ENERGY SAVINGS OR OUTCOMES. Information, insights, or recommendations provided by the Services (including schedules, forecasts, or optimization suggestions) are for informational purposes only and do not constitute electrical, engineering, legal, tax, or other professional advice; always consult qualified professionals and applicable codes/requirements.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEOCHARGE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR SUBSTITUTE SERVICES) ARISING OUT OF OR RELATED TO THE SERVICES, DEVICES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

Caps. In all cases, NEOCHARGE’S AGGREGATE LIABILITY: (A) for the Device will not exceed the amount you paid NeoCharge for the Device giving rise to the claim; (B) for the Services (including Subscriptions) will not exceed the amounts you paid to NeoCharge for the Services in the twelve (12) months before the event giving rise to liability; and (C) if you have not paid NeoCharge, fifty dollars (US$50).

EV‑specific exclusions. Without limiting the foregoing, NeoCharge is not liable for: (i) failure to achieve any particular state‑of‑charge by any time; (ii) increased utility costs, demand charges, or bill variances; (iii) connectivity outages or OEM/charger platform downtime; (iv) battery degradation, warranty impacts, or wear resulting from charging settings or schedules; or (v) installation or use not compliant with code or manufacturer instructions.

Some jurisdictions do not allow certain limitations; some limits may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless NeoCharge and its affiliates, officers, directors, employees, and agents from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or law.

18. Dispute Resolution; Arbitration; Class Waiver

18.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict‑of‑laws rules.
18.2 Agreement to Arbitrate. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”) will be resolved by binding arbitration on an individual basis.
18.3 Rules & Forum. Arbitration will be administered by JAMS under its applicable rules. If JAMS is unavailable, the parties will select a comparable ADR provider. The Federal Arbitration Act governs interpretation and enforcement of this section.
18.4 Venue & Procedure. Arbitration may be conducted by written submissions, teleconference, or in the county where you reside (U.S.) or a mutually agreed location. For claims ≤ $10,000, either party may elect non‑appearance‑based proceedings.
18.5 Fees. Your responsibility for JAMS filing, administrative, and arbitrator fees will be as set by JAMS. For consumer claims ≤ $75,000, NeoCharge will pay those fees unless the arbitrator finds the claim frivolous.
18.6 Arbitrator’s Authority. The arbitrator may award individual relief as permitted by law and must follow these Terms and applicable law.
18.7 Class Action Waiver. Disputes must be brought individually. No class, consolidated, or representative actions or arbitrations.
18.8 30‑Day Opt‑Out. You may opt out of arbitration by emailing exec@neocharge.io within 30 days after first accepting these Terms. Your opt‑out will not affect other terms.
18.9 Small Claims; Injunctive Relief. Either party may bring an individual action in small claims court. Either party may seek temporary injunctive relief in court to prevent IP infringement or misuse of confidential information.
18.10 Severability. If the class waiver (18.7) is found unenforceable, this Section 18 is null and void as to the affected claim(s).
18.11 Changes to this Arbitration Section. If NeoCharge makes a material change to this Section 18 after the date you first accepted these Terms, you may reject the change by sending written notice to exec@neocharge.io within 30 days after the change becomes effective. If you reject, the most recent version of this Section 18 that you accepted will apply to you.

19. Changes to the Services or Terms

We may modify or discontinue any part of the Services at any time. We may modify these Terms prospectively. Unless a different date is stated, changes take effect 30 days after we post the updated Terms at https://getneocharge.com/pages/terms-of-service. If you do not agree to the revised Terms, you may stop using the Services and, if applicable, cancel your Subscription before the effective date. Continued use after the effective date constitutes acceptance.

Material changes. For material changes, we will also provide advance notice (e.g., in-app notice or on our site) at least 30 days before the effective date. If a change to these Terms or the Services is material and adverse to you, you may cancel your Subscription and request a pro-rated refund of prepaid Subscription fees for the unused portion of your then-current term by contacting support within thirty (30) days after our notice of the change. Price-change notices for California customers are provided as described in §4.12(iv).

20. Termination

NeoCharge may suspend or terminate your access to the Services (in whole or part) at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your licenses end and you must stop using the Services and uninstall the App. Sections that by their nature should survive (including Data, Environmental Attributes, Disclaimers, Limits of Liability, Indemnity, Disputes) will survive.

21. General Terms

21.1 Entire Agreement. These Terms (and policies referenced) are the entire agreement between you and NeoCharge regarding the Services, superseding any prior agreements.
21.2 Severability. If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary, and the remainder will remain in effect.
21.3 Waiver. A failure to enforce any provision is not a waiver.
21.4 Force Majeure. NeoCharge is not liable for delays or failures due to causes beyond its reasonable control (e.g., acts of God, labor disputes, outages, government actions).
21.5 Assignment. You may not assign these Terms without NeoCharge’s consent. NeoCharge may assign freely.
21.6 Relationship. No agency, partnership, or joint venture is created by these Terms.
21.7 Notices. We may provide notices via in‑app messages, email, or on our site. You may send notices to: exec@neocharge.io or the mailing address below.
21.8 Export & Sanctions. You will not use or export the Services in violation of U.S. export control and sanctions laws or to embargoed regions or restricted parties.
21.9 Third‑Party Beneficiaries. Except for App Stores as expressly set forth and Program Vendors and Market Operators as set forth in §21.14, there are no third‑party beneficiaries to these Terms.
21.10 Legal Process; Safety. We may access, preserve, and disclose account information, Operational/Device Data, and User Content when we reasonably believe it is necessary to comply with law or legal process, enforce these Terms, protect safety, rights, or property of NeoCharge, users, or the public, or ensure the integrity and operation of the Services.
21.11 Time to Bring Claims. Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after the claim accrues; otherwise, the claim is permanently barred, unless a longer period is required by law.
21.12 Trademarks. All trademarks are the property of their respective owners. You will not purchase search keywords or domain names that use NeoCharge’s trademarks, service marks, or confusingly similar variations.
21.13 Safety Notices. We may contact you with safety notices, firmware updates, or recall information related to the Device or Services by email (and by SMS if you have opted in to SMS).
21.14 Third‑Party Beneficiaries (Programs). Utilities, Program Vendors (including CPRPs/Authorized Agents), and Market Operators are intended third‑party beneficiaries solely of §§3.3 and 5 to the extent necessary to administer program participation.

22. Contact Information

NeoCharge, Inc.
75 Higuera Street, Suite 120
San Luis Obispo, CA 93401
Email: exec@neocharge.io

Appendix A — App Store Language (Apple/Google)
To the extent you access the App via an App Store: (i) these Terms are between you and NeoCharge, not the App Store; (ii) the App Store is not responsible for the App or its content; (iii) the App Store has no obligation to provide maintenance or support; (iv) to the maximum extent permitted by law, the App Store has no warranty obligations; (v) the App Store is a third‑party beneficiary of the App license and may enforce it against you.