Welcome to the phone application (“Chargere”), website and other services of Chargend, LLC. (“Company,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and corresponding software (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of the revised Agreement means that you accept and agree to the changes. We encourage you to check this Agreement often for updates and changes.

If you do not agree to any of the terms set forth in this Agreement or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

User content

This Agreement shall begin on the date hereof. 

In connection with your use of the Services, including but not limited to our Application's chat functionalities, you (or other users of the Services) may display, post, submit, transmit or otherwise make available certain content (including comments and pictures on charging stations) (collectively, the "Content"). Chargere does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Chargere, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. 

Chargere allows Users to add, post content such as comments, questions, personal, profile information( such material available as “Content” or “User Content). User who posted the information has the ownership of their content. However, by proving the content on or through the website or the application, you grant Chargere (and its successors and affiliates) a royalty free, non-exclusive, worldwide, perpetual, irrevocable, unlimited, assignable and sub-licensable right and license to host, copy, reproduce, translate, adapt, edit, reformat, compile, publish, transmit, display, broadcast, distribute, publicly perform, prepare derivative works based upon, and otherwise use and exploit any and all the Content posted by you, on any form, medium, or technology, known now or in the future, for any purpose on or in connection with the Website, the Application or the Services or the promotion thereof, all without compensation to you. Chargere may share the Content with other users of the services.

You agree not to post Content that may create a risk of loss, emotional distress, mental injury, death or physical or mental illness to you, other person, or animal. You agree not to post any Content that contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; You are liable for any illegal or prohibited Content.

Chargere shall have the right to, but not the obligation, to monitor, change or remove any of Content without notice at any time. That being said, Chargere will use commercially reasonable efforts to block or remove offensive, abusive or inappropriate Content discovered by or reported to Chargere.

 Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.

Release and indemnity

You hereby expressly and irrevocably release and forever discharge Chargere, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Chargere, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Chargere Username and password, (iv) the licensing or use of your Visual Content, Comments, Ratings or (v) any violation of any rights of a third party. Chargere reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Service conditions

You agree not to engage, assist, any third party to engage in copying, distributing, or disclosing any part of the service in any medium, including without limitation by any automated or non-automated “scraping”; or other systems, including without limitations “spiders”, “offline readers”, “robots” to access the Service in a manner that send more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; You agree that: (i) your access to and use of the Website, the Application and/or the provision of Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the Application and/or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of the Website, the Application and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Website or the Application; (b) in the event of a denial of service attack or other attack on the Website and/or our servers or other event that we determine, in our sole discretion, that a risk to the Services, to you or to any of our other users may be created if the Services were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions").  

No Liability.

 Chargere shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.

Notice of Interruption. 

To the extent we are able, we will endeavour to post updates on the Website (these are normally made automatically), and through other means (e.g., Twitter) regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. 

Termination

Chargere may terminate or suspend any and all Services and/or your Chargere account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Chargere account, you may simply discontinue using the Services . All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.

Third Party Sites. The Website, the Application and the Services may contain links to third party sites or resources that are not owned or controlled by Chargere. Chargere has no control over, and assumes no responsibility for, any content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the terms and policies of those third parties where applicable. By using the Website, the Application and the Services, you expressly relieve Chargere from any and all liability (direct or indirect) arising from your use of any third-party site or resource accessed from the Website, the Application or the Services. 

Security

 You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Services. You agree to accept responsibility for all activities that occur under your account or from your handheld device on which the Application is installed (where applicable).

We endeavour to use reasonable security measures to protect against unauthorized access to your account and to any data which may be stored on our servers.  We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party "attackers" from illegally accessing the Website, the Application or their content. You agree to immediately notify Chargere of any unauthorized use or your account, or any other breach of security at support@chargere.com , and you accept all risks of unauthorized access to the Website, the Application, your Account Information and any other information you provide to Chargere.

Disclaimer and Indemnity. Chargere WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THE UNAUTHORIZED USE OF YOUR ACCOUNT and you agree to indemnify and hold harmless Chargere, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.

Sharing Content . In the event that you share your Content to the Services through a Social Media Service, or post or share your Content to a Social Media Service through the Services, you agree to comply with all terms of use, policies and guidelines established by the applicable Social Media Service with regard to your Content. You also agree to be solely responsible and liable for any claims arising as a result of sharing or posting Content to or from any Social Media Service. 

General

These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein is held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.