ChargePoint® Driver Terms of Service

Last Updated: August 27, 2021

Please read these terms of service ("Terms of Service") carefully as they govern the use of your ChargePoint Account and/or the ChargePoint Card and related services ("Services").

ChargePoint may update these Terms of Service from time to time, which are published here. If you have previously created a ChargePoint account based upon terms of service which are subject to an update, ChargePoint shall provide you with a respective notification at least sixty (60) days' prior to the updated Terms of Service taking effect. By continuing to utilize the Services after the date any changes to the Terms of Service take effect, you agree to those terms. If you do not agree with any changes, you may terminate your account (refer to Section 5.2 below).

You accept that communication between you and us may be online or through e-mail. To the extent applicable and unless translation in local language is available, we communicate in English.

  1. General:
    1. The Services described under these Terms of Service are offered and operated by ChargePoint Network (Netherlands) B.V., located at Hoogoorddreef 56E, 1101 BE Amsterdam, the Netherlands, registered with (i) the trade registry of the Dutch Chamber of Commerce under number: 66828147 and (ii) the Dutch tax authorities under number: NL8567.14.392.B.01 (also referred to as "us" and "ChargePoint"). You can contact us using any of the options mentioned under 3.7 below.
    2. These Terms of Service cover all products and services that ChargePoint provides to you, in particular, but not limited to,
      • your ChargePoint Account, which among other things, provides you access to ChargePoint Enabled Station(s) to plug in your electric vehicle ("EV"), the ability to locate stations, set up notifications and reminders and utilize other features, get updates and track your charging usage ("ChargePoint Account");
      • ChargePoint's collection of fees charged at ChargePoint Enabled Stations (as defined below) for access to such charging stations;
      • your use of access devices (each, an "Access Device"), including, without limitation, radio frequency identification card(s) known as "ChargePoint Cards" and access through ChargePoint mobile application(s) ("App"), that permit you access to those charging stations on ChargePoint that you are authorized to use as well as to charging stations operated by other EV charging station networks with whom ChargePoint has a roaming agreement (all of such charging stations are referred to in these Terms of Service as "ChargePoint Enabled Station(s)");
      • your use of ChargePoint's App as detailed in Exhibit A (App User Policy); and
      • if you are part of a program (an "Employer Program") offered by your employer pursuant to which you are reimbursed for the costs of charging your EV at home, and ChargePoint is responsible for reimbursing such costs to you, ChargePoint's determination of the amount due to you for such costs and payment by ChargePoint of such amounts to you.
    3. If you are submitting a ChargePoint Account application in connection with an offer or programme ("Programme") offered by ChargePoint in conjunction with one of its partners (each, a "Programme Partner") or an Employer Programme, or are otherwise enrolling in a Programme or Employer Programme, additional programme-specific terms and conditions made available to you may apply to your participation in such Programme ("Programme Terms"). To the extent there is a conflict between these Terms of Service and any Programme Terms, the Programme Terms shall prevail as they relate to your participation in the Programme.
  2. Your Obligations:

    You agree to:

    1. Pay all the fees incurred by you ("Session Fees") for access to a ChargePoint Enabled Station using your Access Device, a customer service agent or in any other way. You are responsible for paying any associated fees and other charges imposed.
    2. Use your Access Device solely in accordance with these Terms of Service as well as Access Device-specific instructions (if any) provided to you by ChargePoint.
    3. Obey all applicable laws and regulations, and make yourself familiar with, and then comply with, any lawful policies and rules of the owner of the ChargePoint Enabled Stations ("Hosts") and/or the owner of the property on which the ChargePoint Enabled Stations are located.
    4. Promptly review your statement and notify ChargePoint customer service of any questions regarding Session Fees. Session Fees not questioned within a reasonable time of the statement will be deemed valid.
    5. Promptly update online any changes to your name, email address, postal address, and any applicable credit card or other acceptable payment method information (hereinafter referred to as "Payment Method"), including, without limitation, the applicable account number, expiry date and billing address, when that new information is first known. For clarity, you remain liable for all Session Fees billed to your account regardless of whether you have notified ChargePoint customer service of any changes in your ChargePoint Card(s) until you have terminated your ChargePoint Account in accordance with Section 5.2 below.
    6. You must not make your Access Device available to third parties or allow a third party to use your ChargePoint App, and you must keep your login credentials, especially your password, secret at all times. If you discover or suspect that your Access Device has been lost or stolen, or if you suspect any other form of abuse of the Services, you must immediately notify ChargePoint using any of the options mentioned under 3.7 below.. ChargePoint will then block the ChargePoint Card and login credentials for other Access Devices against further use.
    7. ChargePoint will collect Session Fees incurred by you, inclusive of Value Added Tax amounts ("VAT") for using the ChargePoint Enabled Station.
  3. ChargePoint Account and ChargePoint Services:

    The Services, provided by ChargePoint under the Terms of Service include providing you with:

    • full access to, and use of, our website as well as our App;
    • the ability to use your Access Device to access ChargePoint Enabled Stations;
    • the ability to have and maintain a balance in your ChargePoint Account for the purpose of paying Session Fees.
    1. Registering Your ChargePoint Account

      You submit your application to obtain a ChargePoint Account by completing the required information on ChargePoint's website or in one of ChargePoint's Apps accepting these Terms of Service by ticking the relevant box and checking that all information is accurate and by correcting any mistakes (if any) before sending us your application by clicking the corresponding button. ChargePoint accepts your application by notifying you by email of the creation of your ChargePoint Account and giving you access to it, with the provision, however, that ChargePoint reserves the right to reject any user's application if it has a legitimate reason to do so. The Terms of Service between you and ChargePoint will be concluded upon our acceptance of your application. You enroll for an Employer Programme by making an application with your employer through ChargePoint Connections (special employee benefits accessible by entering a code). Employers are entitled to reject your application for an Employer Programme at their reasonable discretion.

    2. ChargePoint Flex Billing:
      1. Your ChargePoint Card may be used to pay Session Fees at any publicly accessible ChargePoint Enabled Stations, and at any private ChargePoint Enabled Stations you are authorized to use.
      2. When using your Access Device for the payment of Session Fees, your ChargePoint Card will be read by the applicable ChargePoint Enabled Stations and a record of your transaction will be created. Session Fees will be charged to your ChargePoint Account in accordance with the price configured by the Host and visible to you at any time via the ChargePoint App. Please note that ChargePoint does not set pricing for the ChargePoint Enabled Stations. You should be aware that some Hosts charge varying amounts depending upon the length of your stay at their ChargePoint Enabled Stations.
      3. If you use, or allow another person to use, your Access Device at any ChargePoint Enabled Stations, you agree to pay the Session Fees incurred as a result of such use. ChargePoint may share with the Host any information contained in your ChargePoint Account necessary for the purposes of processing and collecting Session Fees.
    3. Payment Method Information, Minimum Account Balances, Fees and Charges:
      1. You are not required to provide Payment Method information in order to create a ChargePoint Account. If you decline to provide Payment Method information, you will be prompted to provide that information the first time you attempt to access a ChargePoint Enabled Stations that requires payment in order to charge. In any event, your Payment Method will not be charged until the first time you use your Access Device at a ChargePoint Enabled Stations that requires payment.
      2. You will be prompted to provide your Payment Method information the first time you attempt to charge at a ChargePoint Enabled Station that requires payment. At that time, ChargePoint will create an initial prepaid balance for you by charging, through the Payment Method on your ChargePoint Account, the amount based on the country of your domicile ("Initial Prepaid Balance") is listed here.
        The Session Fees associated with your charging session will be deducted from the balance. In addition, you authorise ChargePoint, from time to time, to replenish your account, through a charge to your Payment Method, in an amount equal to the greater of (i) the Initial Prepaid Balance or (ii) your average monthly Session Fees, each time your account balance falls below the replenishment threshold defined at 50% of the Initial Prepaid Balance. ChargePoint creates the Initial Prepaid Balance in order to ensure that you remain mobile and can always use your ChargePoint Account to charge your EV using your Access Device. You agree that your replenishment amount and replenishment threshold are both subject to change based on your average monthly usage.
      3. Your balance will be available to you immediately after the charge to your Payment Method has been successful. ChargePoint does not charge delivery, payment or other fees for delivering the balance to your account or the other services under this Section 3. ChargePoint will make available to you through your ChargePoint Account of both the amount charged and the charging date. To the extent permitted under applicable laws you accept to be provided with receipts in electronic format only.
      4. There will be no interest or other benefits accruing on any prepaid balances in your ChargePoint Card. In the event that the balance in your ChargePoint Account cannot be replenished because payment on your Payment Method is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, ChargePoint may close your account after giving notice pursuant to any applicable statutory provisions and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at ChargePoint's sole option, all reasonable necessary fees, costs or other expenses (including, without limitation, statutory lawyers' fees (if any)) incurred by ChargePoint in connection with its collection efforts.

        When you use a third-party network provider that has a roaming agreement with ChargePoint either directly or through a "Clearinghouse" (i.e. a hub for technical integration with multiple roaming partners), ChargePoint will collect the following information about you ("Roaming Data"). Roaming Data includes: the charging session's date, start time, end time, duration, identification number, energy dispensed, charging port identification number, total fees associated with each charging session, pricing policy applied, and either an Access Card Identification Number or an EV Contract ID. You will have access to Roaming Data through your Account. You agree to abide by all of the terms and conditions of a third-party network when using it to charge your EV.
    4. Access Devices:
      1. If a ChargePoint Card fails to operate for reasons other than abuse or improper use and is returned to the ChargePoint customer service centre, ChargePoint will replace that ChargePoint Card at no charge.
      2. If your Access Device is lost or stolen, you must delete your Access Device from your ChargePoint Account without delay, or, if you do not have access to the internet, without delay report such loss or event to ChargePoint customer service (see contact information at the end of this document).
    5. Using the ChargePoint Website or App:
      1. You may access and use ChargePoint's website and App(s) to obtain information regarding ChargePoint Enabled Stations locations, trip mapping and other content and features that ChargePoint may make available.
      2. ChargePoint offers ChargePoint Cards branded with the ChargePoint name, or, in some instances, with the brand of a third party (each, a "Branding Affiliate"). Regardless of such branding, ChargePoint remains solely responsible for the operation of the ChargePoint network, including ChargePoint Cards. Contractual and other claims that result from the ChargePoint Cards and/or the other Services (if any) are, therefore, to be addressed to ChargePoint, and not the Branding Affiliate.
    6. User Support:

      ChargePoint provides user support and troubleshooting for the Services through its designated support channels either itself or, where suitable and/or more efficient, through a third party service provider.

    7. Right of Withdrawal:

      If you are a consumer within the definition of the applicable law, you have a statutory right to withdraw from the contract made under these Terms of Service on which ChargePoint instructs you as follows:

      Instructions on withdrawal

      Right of withdrawal

      You have the right to withdraw from the Terms of Service within 14 days without giving any reason.

      The withdrawal period will expire after 14 days from the day of the conclusion of the Terms of Service.

      To exercise the right of withdrawal, you must inform us by notifying ChargePoint, via electronic transmission at privacy.eu@chargepoint.com, of your decision to withdraw from this contract by an unequivocal statement. You may use the attached model withdrawal form, but it is not obligatory. If you cannot notify ChargePoint via electronic transmission, you may alternatively notify ChargePoint by sending a letter by post or contacting customer support at: ChargePoint Network (Netherlands) B.V., located at Hoogoorddreef 56E, 1101 BE Amsterdam, the Netherlands. For assistance / available telephone numbers, please go to www.chargepoint.com/support

      To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

      Effects of withdrawal

      If you withdraw from this contract, ChargePoint shall reimburse to you all payments received from you with exception of used Services as further explained below, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which ChargePoint is informed about your decision to withdraw from this contract. ChargePoint will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

      If you requested to begin the performance of Services during the withdrawal period, you shall pay ChargePoint an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

      Important Information

      Your right of withdrawal lapses prematurely if ChargePoint has rendered the complete service owed and if ChargePoint only commenced rendering the service after you had expressly consented to our doing so, confirming at the same time that you knew that you would lose your right of withdrawal on completion of our contractual performance.

      Model withdrawal form

      (Complete and return this form only if you wish to withdraw from the contract)

      To privacy.eu@chargepoint.com or ChargePoint Network (Netherlands) B.V., Hoogoorddreef 56E, 1101 BE Amsterdam the Netherlands.

      I/We (*) hereby give notice that I/We (*) withdraw from my/our Terms of Service for the provision of ChargePoint Services,

      - Entered into on (*),

      - Name of consumer(s),

      - Address of consumer(s),

      - Signature of consumer(s) (only if this form is notified on paper),

      - Date

      ___________
      (*) Delete as appropriate.

    8. Offers from other organisations: From time to time, you may receive offers through ChargePoint from other organisations. Acceptance and performance under those offers is strictly between you and those organisations. ChargePoint does not assume responsibility for any performance by these organisations. ChargePoint is not liable for or as a result of any such offers you receive from those organisations, and you agree to look solely to those organisations for the performance of the offers. These organisations conduct business for themselves and are not part of the ChargePoint business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personal data you provide to them.
    9. Employer Programmes:
      1. If you are properly enrolled in an Employer Programme, ChargePoint will reimburse you for EV charging on your home station associated with such Employer Programme at the rate inclusive of VAT you specify in your account or when you sign up for the Employer Programme. The rate you specify is the rate you are charged for electricity by your service provider. The reimbursement described in this Section 3.9.1 is made only with respect to your charging of the EV provided to you as part of the Employer Programme and you agree not to use your home charging station to charge any other vehicle. All reimbursement payments will be made to you electronically to the account specified by you when you enrol in the Employer Programme.
      2. If you are enrolled in an Employer Programme, ChargePoint will share your contact information and EV charging data with your employer, with the third party leasing company with whom your employer has contracted for the lease of your vehicle and/or any third party contracted by your employer to process payment and delivery services. Additionally, you will be asked to provide certain personal data to establish your eligibility to participate in the Employer Programme. For the processing of personal data please refer to the Privacy Policy. ChargePoint will transmit such information to your employer, to the leasing company and/or to any third party contracted by your employer to process payment and will store the requested personal information in the European Union. The processing and collection of your personal data as described above is necessary for the performance of your contract with us and your contract under the Employer Programme as described in Art. 6 (1) (b) GDPR. If you are enrolled in the Employer Programme, you are able to label charging sessions as "personal." If you label a charging session as personal, you understand that you will not be reimbursed by your employer or third party service provider and you will be charged for all Session Fees pursuant to the provisions of Section 3.3.2. As a participant in any Employer Programme, you are subject to any terms and conditions imposed by your Employer as a condition to participate in the Employer Programme as well as these Terms of Service.
  4. Charging your EV:
    1. You may use your Access Device at any ChargePoint Enabled Station.
    2. After you have charged your EV at a ChargePoint Enabled Station using your Access Device, the applicable Session Fees will be deducted from the balance in your ChargePoint Account.
  5. Term and Termination:
    1. These Terms of Service are in effect until terminated as per Section 6.2 below.
    2. Either party may terminate these Terms of Service at any time and for any reason by giving notice to cplegal@chargepoint.com and in accordance with any applicable statutory provisions. In the event that ChargePoint terminates these present Terms of Service, you will be notified within a reasonable period of time, unless you are in breach of these Terms of Service. If ChargePoint requests, or if you wish to terminate your Chargepoint Account, you must return all of your ChargePoint Cards to ChargePoint customer service.
    3. Except as otherwise provided in any Programme Terms, upon termination of your ChargePoint Account and your return of your ChargePoint Card(s) (if any), your account balance will be refunded to the Payment Method on file with your account within thirty (30) days of ChargePoint's receipt of your ChargePoint Card(s).
    4. Following any termination, you remain responsible for payments owed under the Terms of Service. If your account balance is insufficient to cover outstanding charges, you will remain liable for all such amounts. If such unpaid charges are not promptly remitted, you may be subject to collection actions and liable for reasonably incurred collection costs for any unpaid balance.
  6. Indemnity: To the extent permitted by law, You agree to indemnify ChargePoint and its directors, officers and employees, (collectively, the "Indemnitees") from all liability for any loss, damage or injury to persons or property arising from or related to your culpable misuse or misapplication of your Access Device or otherwise for your negligence.
  7. ChargePoint's Liability:
    1. ChargePoint shall be liable in accordance with the applicable statutory provisions (whether in contract, tort or otherwise) for damages suffered by you that
      1. have been caused as a result of ChargePoint, its legal representatives, its agents or auxiliaries having acted, or having failed to act where there was a duty for ChargePoint to act, in gross negligence or with wilful or malicious intent (which includes fraud or fraudulent misrepresentation);
      2. have occurred as a result of a breach of a guarantee (the term "guarantee" in accordance with the applicable statutory meaning);
      3. have occurred as a result of ChargePoint breaching a material contractual obligation (as regards the term "material contractual obligation" see Section 8.2);
      4. that are a result of a culpably caused injury to life, limb or health; and/or
      5. that are subject to product liability under any applicable product liability rules.

        In cases of negligence (other than gross negligence) in breaching a material obligation under the Terms of Service, ChargePoint's liability shall be limited to damages that are typically foreseeable in the context of a contract such as the agreement under these Terms of Service. The foregoing limitation of liability shall, however, not apply where the damages result from culpably caused injuries to life, limb or health, fraud or fraudulent misrepresentation, wilful misconduct or a breach of a guarantee (as defined in Section 8.1.2) or where the mandatory applicable law does not permit to limit nor exclude ChargePoint´s liability in such cases.
    2. "Material contractual obligations" are such contractual obligations, the fulfilment of which is essential for the proper performance of the agreement and on which the contractual partner may rightfully rely, and that, on the other hand, jeopardise the aim and purpose of the agreement if breached.
    3. Any liability other than or beyond the liability provided in Sections 7.1 and 7.2 is excluded unless otherwise provided under mandatory consumer protection laws in the country of your domicile or any other mandatory applicable law.
    4. Other than in cases that fall under 7.1 above, ChargePoint's aggregate liability under this Agreement shall not exceed aggregate Session Fees paid by you to ChargePoint in the twelve (12) calendar months prior to the event giving rise to the liability.
    5. You are responsible for ensuring the routine backup of your data. Irrespective of Sections 7.1 and 7.2, if you suffer damages that result from the loss of data, ChargePoint shall in any case only be liable for such damages if and insofar as the damages could not have been avoided by you carrying out data backups of all relevant data at regular intervals.
  8. Data Privacy:

    When you use the ChargePoint Account and the Services, ChargePoint will process your personal data. ChargePoint takes pride in being transparent about our collection, processing and use of our users' personal data, and ChargePoint thinks it is important that you understand what ChargePoint does and does not do with your personal data and why ChargePoint does it. You can find more information on the processing of your personal data by ChargePoint at ChargePoint's privacy policy. ChargePoint strongly encourages you to take the time to read our Privacy Policy.

  9. Governing Law:

    The agreement that incorporates these Terms of Service as well as these Terms of Service themselves shall be governed and construed in accordance with the laws of the country of your domicile excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law.

    Further, if you are a consumer within the meaning of the applicable laws, all mandatory statutory consumer protection laws and regulations applicable in the country in which you generally reside shall also apply.

  10. Jurisdiction, Venue and Special Terms depending on your Domicile:
    1. The courts of your domicile shall have exclusive jurisdiction and venue over any dispute arising out of or relating to the Terms of Service.
    2. If you are a consumer and your domicile is in France:
      • Sections 7.1 – 7.5 do not apply.
      • Section 10.1 does not apply and you may assert your rights in one of the territorially competent jurisdictions pursuant to the applicable civil procedural law or in the jurisdiction of the place where you reside when concluding the present Terms of Service. You shall have the option to have recourse to a mediation procedure or any alternative dispute resolution process. The mediation body designated by ChargePoint in France is l'Association des Médiateurs Européens (AME CONSO) which may be contacted by completing the form provided for this purpose on the AME CONSO website, or by letter addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS. If you choose to recourse to this mediation body, ChargePoint Network (France) SAS, which is ChargePoint's French subsidiary, will be expressly mandated by ChargePoint to represent it and handle the dispute in its name and on its behalf under this mediation procedure.
    3. If you are a consumer and your domicile is in Denmark, the following applies to you additionally:

      The primary supervisory authority for payment providers is:

      The Danish Finansiel Supervisory Authority, Århusgade 110, DK-2100 København, Phone: +45 33 55 82 82, E-mail: hotline@ftnet.dk

      If you believe that a transaction or payment initiated through the Services was unauthorised or in error, you must contact ChargePoint no later than 13 months after debit of your ChargePoint Account. ChargePoint is liable to you for unauthorised payments through use of the Services, except:

      1. if you have acted fraudulently, or intentionally have not protected the security credentials used for the Services,
      2. for the initial amount of DKK 375, if the security credentials used for the Services has been used,
      3. for the initial amount of DKK 8,000 if the security credentials used for the Services has been used and ChargePoint documents that
        1. you have not as soon as possible informed us of losing such credentials or that the credentials have become known to an unauthorised third party
        2. you have intentionally provided the credentials to the third party having made the unauthorised use, or
        3. you, through grossly negligent behaviour have made the unauthorised use possible,
      4. you are however liable without limitation for any loss, which is a consequence of a third party's unauthorised use of the Services, when the security credentials provided have been used and we show that you have intentionally provided such credentials to the third party having performed the unauthorised use in circumstances where you realised or should have realised that there was a risk of abuse.

        Regardless of the above b)-d), ChargePoint is liable for unauthorised use, which happens
        1. after we have been informed about the loss of the security credentials or that an unauthorised person has obtained access to the security credentials, or that you for other reasons wish for your access to the Services to be blocked,
        2. when caused by actions of ChargePoint's employees, agents, branches or a unit to which activities have been outsourced or failure to act by the aforementioned, or iii) due to us not having taken appropriate measures to ensure your possibility to inform us about the unauthorised use etc. Regardless of the above b)-d), we are liable for unauthorised use if we do not require strong customer authentication unless you have acted fraudulently. Regardless of the above b)-d), ChargePoint is liable for unauthorised use if the loss of, the theft of or the unauthorised access to the payment instrument or the security credentials provided by us, could not have been discovered by you, prior to the unauthorised use. Regardless of the above b)-d), the we are liable for unauthorised use if we knew or should have known, that the Services were being used without authorization. Depending on your national law, cf. section 10, you may have better rights in such situations.
  11. Alternative Dispute Resolution:
    1. The European Commission provides a platform for online alternative dispute resolution at ec.europa.eu/consumers/odr that consumers can use to resolve disputes that they may have, and where consumers can find further information on alternative dispute resolution.
    2. Except where explicitly provided for in these Terms of Service, ChargePoint is neither obliged nor prepared to partake in any alternative dispute resolution proceedings before a consumer protection body in cases where ChargePoint has a dispute with a user.
  12. Communications:

    Please address all enquiries and notices to ChargePoint customer service. You may find the relevant ChargePoint addresses at www.chargepoint.com/contact and our telephone numbers at www.chargepoint.com/support. Alternatively, you may contact us via email at: support.eu@chargepoint.com.

EXHIBIT A

APP USER POLICY

Use of the App

The App is for Your personal, noncommercial use only. You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through this App without ChargePoint's prior written permission. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy this App or the content contained therein or for any other unauthorized purpose without ChargePoint's prior written permission. You agree not to use any device, software or routine to interfere with or attempt to interfere with the proper working of this App or any activities conducted through this App. You agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. ChargePoint reserves the right to investigate any illegal and/or unauthorized use of this App, including, but not limited to, unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.

User Content

Some areas of this App may allow You to post content such as photos, driver tips, comments, questions, and other content or information (any such materials You submit, post, display, or otherwise make available on this App is referred to as "Posted Content"). By posting Posted Content, You expressly grant to ChargePoint, and you represent and warrant that you have all rights necessary to grant to ChargePoint, a revocable, , sublicensable, transferable, non-exclusive, worldwide, license granted for the duration of the intellectual property rights (the "License") to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Posted Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with this App and ChargePoint's (and its successors' and affiliates') Social Media and on ChargePoint's (and its successor's and affiliates') web site. This license is provided to ChargePoint on a royalty-free basis. Except for the License, You retain all right, title and interest to Your Posted Content.

You represent with respect to all Posted Content that:

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, database rights, mask work rights, moral rights, rights of publicity, trademark, and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You agree not to post any content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that ChargePoint, in its sole discretion, deems 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; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. ChargePoint reserves the right, but is not obligated, to reject and/or remove any Posted Content that it believes, in its sole discretion, violates these provisions.

Acceptable Use and Conduct

You agree to use the App only as permitted by this App Policy, any additional policies or procedures published in this App from time to time which will accordingly be brought to your attention by ChargePoint. ChargePoint reserves the right for any reason to remove without notice any contents of this App received from You or other users. ChargePoint reserves the right to take reasonable actions at our own discretion in case of misconduct on our App. In this regard, we will take Your legitimate interest into account. Such actions may comprise the following: Issuing cautions, temporarily limiting of services or blocking of Your Account or permanent deletion of Your Account and banning for the future. Moreover, we reserve the right to take any legal remedies under the respective applicable laws. ChargePoint reserves the right to reasonably edit any notices or postings for clarity and length in accordance with the applicable laws. You acknowledge that any communications forums hosted by this App are public and not private communications. Further, You acknowledge that postings, and other communications by other users are not endorsed by ChargePoint, and such communications shall not be considered reviewed, screened, or approved by ChargePoint

Proprietary Rights

All information, documents, products, and software (the "Materials") provided in connection with the App are owned by ChargePoint and/or it affiliates and suppliers ("Third Party Providers") and are the intellectual property of ChargePoint and/or its affiliates and Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise. You also may not "mirror" any Material provided with this App on any other server. Nothing provided through the App shall be construed as granting or conferring any license, patent, copyright, trademark, or other proprietary rights to You. Any unauthorized use of any Materials provided with or through this App may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. ChargePoint reserves the right to investigate any illegal and/or unauthorized use of the App and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.

Links to Third Parties' Web sites

This App may contain links and pointers to Internet sites maintained by third parties. ChargePoint does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by ChargePoint or its affiliates. You assume sole responsibility for Your use of third-party links and pointers