Chargie's platform is now FedRAMP® Authorized by the U.S. General Services Administration.
EFFECTIVE: August 5, 2024
CHARGIE LLC, a Delaware limited liability company (“CHARGIE”) provides electric vehicle charging and support services through its CHARGIE charging stations, its www.CHARGIE.com website (the “Website”), management platform (“Management Platform”) and mobile application (“Mobile App”) (collectively, the “Services”). Reference to “you” or “your” means you as a visitor to the Website or as a user or customer of the Services, as applicable. The terms of service set forth hereinbelow (the “Terms of Service”) govern the use of CHARGIE’s electric vehicle charging stations and support services, including the Services (“Chargie enabled EV charging stations”), for plug-in electric vehicles.
By using the Services, you acknowledge and consent to the Terms of Service and this agreement (“Agreement”), as well as any other terms and conditions and Privacy Policy(ies), all of which shall be posted on the Website and may be changed at any time without prior notice. You should check the Website for such changes frequently. Your continued access to the Services and any applicable ancillary services, including, but not limited to use of/access to the Services after such changes are posted conclusively demonstrates your acceptance of those changes. CHARGIE may collect, on behalf of itself and/or its clients (“Hosts”) non-personally identifying data relating to usage of CHARGIE enabled EV charging stations. Please see the Privacy Policy page for more information regarding how information is collected.
You agree to pay all applicable fees (“Fees”) charged by CHARGIE and/or its Hosts for access to CHARGIE EV charging stations, the use of the Services in any manner, including, without limitation, with a credit card, an RFID card at a charging station, remotely by a customer service agent at your request, by code, or application embedded in any smart phone or similar technology.
You agree to obey all applicable laws and regulations, as well as any policies and rules of CHARGIE or any Host and/or the owner of property on which a CHARGIE enabled EV charging station is located when using any Service and/or any CHARGIE enabled EV charging station.
You agree to promptly review your CHARGIE statement and/or other payment method statement (such as your credit card statement) and notify CHARGIE in writing of any questions or disputes regarding Fees by e-mailing support@chargie.com. Your right to dispute Fees or charges, shall be waived if the beginning correspondence regarding a question or dispute is made more than (60) days after the applicable statement date.
You agree to promptly update online account information with any changes to your name, email address, mailing address, telephone number and any applicable credit card information, including, without limitation, the applicable credit card number, expiration date and billing address when that new information is first known. You remain liable for all Fees billed to your credit card or CHARGIE account through the date your CHARGIE account is cancelled.
The use of third party extension cords and adapters is strictly prohibited on the CHARGIE network. Unauthorized adapters may not have the appropriate safety mechanisms, may pose a danger to the customer, and can cause irreparable damage to the vehicle or charging station. CHARGIE only permits the use of charging adapters made by the vehicle manufacturer for use with your vehicle on CHARGIE charging stations or with CHARGIE's charging network. Authorized adapters include: (i) Tesla AC adapters for use with CHARGIE L2 charging stations; (ii) Tesla-manufactured CHAdeMO and CCS Combo 1 adapters; and (iii) any other automaker-manufactured adapter. CHARGIE prohibits the use of all other adapters on CHARGIE’s network and charging stations. You agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your use of unauthorized adapters in connection with your use of CHARGIE charging stations, network, or the Terms and Services identified herein. You agree to indemnify and hold harmless CHARGIE for any damage experienced by any party that is caused by your failure to comply with these terms.
In addition to a personal credit card and an RFID card, a code, or application may be used to pay Fees on any publicly accessible CHARGIE enabled EV charging station and on any private CHARGIE enabled EV charging station you use. When using an RFID card for payment of fees, the applicable CHARGIE EV charging station will read your RFID card and a record of your transaction will be created. Fees will be charged to your account in accordance with the price configured by a Host or CHARGIE for such CHARGIE enabled EV charging station. Prices are subject to change without prior notice. It is your responsibility to be aware of the prices charged for access to the applicable CHARGIE enabled EV charging station. If you use or another person uses your credit card, RFID card, code, or application on any CHARGIE enabled EV charging station, you agree to pay the Fees specified. Payment processing fees may apply. You agree that CHARGIE may share with a Host or other duly authorized party, any information regarding your usage for purposes of processing and collecting Fees and enforcing CHARGIE’s policies and contractual obligations.
EV charging services Fees are charged: (i) by kilowatt-hour (“kWh”) of energy dispensed to a vehicle; (ii) by the time a vehicle is plugged into the station rounded up to thirty-second intervals or prorated over 1 hour intervals, depending on the specific EV charging station; (iii) by a flat fee for the total session, depending on the location of the EV charging station; (iv) by a flat penalty fee for every additional minute a vehicle remains to a station rounded to 1 hour intervals; or (v) by a flat fee in addition to the kWh energy dispensed to a vehicle. Payment processing fees may apply. CHARGIE maintains an up-to-date schedule of pricing rates by location on the Mobile App.
Although you provide your credit card information when you access a CHARGIE enabled charging station, your credit card will not be charged until you utilize a CHARGIE enabled EV charging station which requires payment. You will also have the option of prepaying your account to establish a positive balance to be credited against subsequent charges. An authorization fee may display on the credit card account provided for authorization purposes only. If the account has a prepaid balance, CHARGIE users will be billed to a positive account balance, or, to the credit card associated with their use immediately after utilizing a CHARGIE enabled EV charging station which requires payment.
In the event that payment on your credit card is declined, CHARGIE may suspend your account. You agree that if you fail to timely pay amounts due, CHARGIE may assign your account for collection, and the collection agency may pursue the collection of the past due amounts.
In the event a CHARGIE RFID card is lost or stolen, please report such loss or theft online immediately by accessing your CHARGIE account and clicking the appropriate status, or, if you do not have access to the internet, please call CHARGIE Customer Service immediately (see contact information at the end of the Terms of Service). You remain liable for all Fees initiated with your credit card, RFID card, CHARGIE code, or application, until you have notified CHARGIE that your credit card, RFID card, or application has been lost or stolen.
You agree that your usage may be used by CHARGIE to analyze averages, trends, and other anonymous patterns of usage, as per the CHARGIE Privacy Policy as provided on the Website. You agree that CHARGIE may access your CHARGIE account and residential charger (if applicable) for service-related or data collection purposes and that it may share non-personally identifiable data with third parties in connection with government grants, private agreements, and/or other contractual obligations.
CHARGIE may, from time to time, offer special promotional offers, plans, subscription, or memberships (the “Offer”). Offer eligibility is determined by CHARGIE at its sole discretion and reserves the right to revoke an Offer and/or put your account on hold in the event that we determine you are not eligible. Users with an existing or recent CHARGIE membership may not be eligible for certain introductory Offers. CHARGIE may use information such as email addresses associated with a CHARGIE account to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
CHARGIE reserves the right to revise the terms and conditions applicable to the Offer. Chargie shall provide thirty (30) days’ written notice of any such change. Your continued use of the service after such thirty (30)-day period indicates your acceptance the new terms and conditions and/or fees. If you do not wish to accept the price change or change terms and conditions, you may terminate the Offer before the change takes effect. For more information or questions, please contact CHARGIE Customer Service at support@chargie.com.
You may access and use the Website, Management Platform, and Mobile App to obtain information regarding CHARGIE enabled EV charging station locations and other content and features that CHARGIE may make available. Use of the Website, Management Platform, and Mobile App is subject to CHARGIE’s and/or its affiliates’ terms and conditions and privacy policy(ies) available on the Website and/or the respective terms and conditions available on the Website, Management Platform, or Mobile App. You are responsible for all use of the Website, Management Platform, and Mobile App under your name. You acknowledge that CHARGIE may modify the Website, Management Platform and Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while CHARGIE has attempted to provide accurate information on the Website, Management Platform, and Mobile App, such information may change frequently and in no event will CHARGIE be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Website, Management Platform, or Mobile App, nor does it warrant that any such information, materials, or other content is the most current version thereof.
Either Party may terminate this Agreement at any time and for any reason. If you wish to terminate this Agreement, you must notify CHARGIE in writing to the following e-mail address: support@chargie.com. Following any termination, you shall remain responsible for any and all unpaid Fees associated with your CHARGIE account. If such unpaid charges are not promptly remitted, you may become liable for additional charges, fees or penalties, and you may be subject to collection actions for any unpaid balance. CHARGIE will not give any refund for termination of Services related to conduct that CHARGIE determines in their discretion violates these Terms of Services, any applicable laws, involves fraud or misuse, or is harmful to CHARGIE’S interests or another user.
This Agreement and all disputes, claims and/or proceedings of any nature at any time in any way arising out of or relating to this Agreement shall be governed solely by the Laws of the State of California, without regard to the Laws of any other jurisdiction, including without limitation as might be asserted to apply because of principles of conflict of laws or otherwise. Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable (collectively, a “Dispute”) shall be settled through use of the dispute resolution procedures as set forth in this Section.
Notwithstanding any other provisions of the terms of service to the contrary, regardless of the legal or equitable basis of any claim, in no event shall CHARGIE or its affiliates be liable: (i) to You for any indirect, special, punitive, exemplary, incidental, or consequential damages arising out of or related to the subject matter of the terms of service, any errors in or omissions from the Website, Management Platform, Mobile App, or any services or products obtainable therefrom; (ii) the unavailability or interruption of the Services, or any features thereof; (iii) your use of the Services; (iv) the content contained on the Website, Management Platform, or Mobile App or; (v) any delay or failure in performance of CHARGIE, including, but not limited to, damages that result from the performance or nonperformance of CHARGIE’s obligations under the Terms of Service or your use of any CHARGIE equipment, installation of CHARGIE equipment, CHARGIE’s acts or omissions related whether or not arising from sole, joint or concurrent negligence, strict liability, violation of law, breach of contract, breach of indemnity provisions, breach of warranty or any other theory or source whether or not foreseeable and even if CHARGIE has been advised of the possibility of such damages and you hereby release CHARGIE from any such excluded damages. Notwithstanding anything to the contrary contained herein and to the maximum extent permitted by law, the maximum aggregate limit of CHARGIE’s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to you for any matter related to the terms of service, your use of any CHARGIE equipment, including the Mobile App, Management Platform, and Website shall not in the aggregate exceed the total amount of fees paid by you with respect to the services during the six (6) months immediately prior to the event giving rise to the liability.
The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between CHARGIE and you. The services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from CHARGIE through the Services, or otherwise shall create any warranty, representation, or guarantee not expressly stated in the Terms of Service.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You agree to indemnify and hold harmless CHARGIE, its affiliates, and their respective directors, officers, members, partners, shareholders, employees, contractors and agents from and against all third-party actions, causes of action, claims, demands, losses, costs, damages, deficiencies, judgments, liabilities, penalties, fines, assessments, and expenses (including, without limitation, reasonable attorney’s fees and costs of litigation) which they or any of them suffer or incur resulting from, by reason of, arising out of or in connection with: (i) personal injury, bodily injury, including fatal injury to, or loss of or damage to the property of, any person or entity whatsoever (including the parties hereto) arising out of or in connection with your, or anyone using your access credential, (ii) your negligent use of the Services, (iii) any breach by you of any representation, warranty, agreement, obligation, or covenant made by you to CHARGIE including in any agreement, certificate, document, schedule, annex, or other information relating to or delivered pursuant hereto, (iv) any actual or prospective claim, litigation, investigation, or proceeding relating to any of the foregoing, whether based on agreement, tort, or any other theory, whether brought by a third party or by you, or (v) your use of the Services. CHARGIE reserves the right to control the defense of any matter for which you are required to indemnify CHARGIE, and you agree to cooperate with CHARGIE’S defense of these claims and to not settle any claim without CHARGIE’S prior written consent.
Your use of the Services is at your sole risk. Services are provided on an “as is” and “as available” basis. CHARGIE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. CHARGIE makes no warranty that (i) the service will meet your requirements or expectations, or (ii) the operation of the service will be uninterrupted, timely, secure, or error-free.
You waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim through the Arbitration process listed above.
These Terms of Services constitute the entire agreement between you and us with respect to our Services, and supersede any other agreements or understandings (oral or written).
Please address all inquiries and notices to CHARGIE Customer Service at support@chargie.com.
