Last Update: February 14, 2024
Terms And Condition ChargeBay
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Acceptable Use Policy
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Purpose
The ChargeBay Acceptable Use Policy ("AUP") outlines the acceptable use of the ChargeBay platform ("Service") by users and hosts. This AUP is designed to promote a safe, secure, and positive environment for all users.
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Prohibited Conduct
Users and hosts of ChargeBay agree not to engage in any conduct that:
a. Violates applicable local, state, national, or international laws and regulations.
b. Infringes on the intellectual property rights, privacy, or other rights of third parties.
c. Interferes with or disrupts the operation of ChargeBay or its related services.
d. Is harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
e. Attempts to gain unauthorized access to ChargeBay's systems or user accounts.
f. Attempts to gain unauthorized access to ChargeBay's host’s private property or personal items.
g. Engages in any form of spamming, phishing, or other malicious activities.
Data Protection
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Users and hosts are responsible for maintaining the confidentiality and security of their ChargeBay account information.
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ChargeBay will handle user data in accordance with its Privacy Policy, ensuring the protection and privacy of user information.
Reporting Violations
Users and hosts are encouraged to report any violations of this policy promptly. Reports can be submitted through the ChargeBay app or by contacting ChargeBay support at operations@chargebay.app.
Consequences of Violation
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ChargeBay reserves the right to investigate and take appropriate action in response to any violation of this Acceptable Use Policy.
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Actions may include but are not limited to, suspension or termination of accounts, removal of content, and legal and financial action.
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ChargeBay may report any illegal activities to the relevant authorities.
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All legal fees are assumed to be borne by the party responsible for violations of ChargeBay’s entirety of Terms and Conditions.
Suspension and Termination
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ChargeBay may suspend or terminate accounts that violate this Acceptable Use Policy, without prior notice, at its sole discretion, without compensating ChargeBay’s wallet balance.
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Users and hosts are responsible for backing up their data and removing it from ChargeBay if their account is suspended or terminated.
Changes to the Acceptable Use Policy
ChargeBay reserves the right to modify this Acceptable Use Policy at any time. Changes will be effective upon posting on the ChargeBay platform.
By using ChargeBay, users and hosts acknowledge that they have read, understood, and agree to abide by this Acceptable Use Policy.
User Agreement
ChargeBay User Agreement:
The ChargeBay Acceptable Use Policy ("AUP") outlines the acceptable use of the ChargeBay platform ("Service") by users and hosts. This AUP is designed to promote a safe, secure, and positive environment for all users.
This User Agreement ("Agreement") is entered into by and between ChargeBay LLC., a company registered in the United States, hereinafter referred to as "ChargeBay," and the user or host of the ChargeBay platform, hereinafter referred to as the "Participant."
1. Assumption of Risk
The Host and Participant understand and acknowledge that the use of ChargeBay services involves inherent risks, including but not limited to property damage, injury, or loss. By participating in ChargeBay, both Hosts and Participants voluntarily assume all risks associated with the use of the platform and any chargers provided by Hosts. ChargeBay shall not be held responsible for any such risks or consequences arising from the use of its services or facilities provided by Hosts.
2. Release and Waiver of Claims
The Participant hereby releases and waives any and all claims, demands, actions, or causes of action against ChargeBay, its officers, employees, agents, and affiliates, arising out of or in connection with the use of ChargeBay services.
3. Indemnification
The Participant agrees to indemnify and hold ChargeBay, its officers, employees, agents, and affiliates, harmless from and against any claims, liabilities, damages, losses, or expenses arising out of or in connection with the Participant's use of ChargeBay.
4. No Warranty
ChargeBay makes no warranties, express or implied, regarding the availability, reliability, or quality of services provided by hosts. ChargeBay does not guarantee the accuracy, completeness, or reliability of information provided by users or hosts.
5. Governing Law
This Agreement is governed by and construed in accordance with the laws of the United States. Any disputes arising under or in connection with this Agreement shall be resolved by the courts of the United States.
6. Acknowledgment
The Participant acknowledges that they have read and understood this Agreement and voluntarily agree to be bound by its terms. The Participant acknowledges that this Agreement is a legally binding document and that they have had the opportunity to seek legal advice before accepting its terms.
7. Changes to the Agreement
ChargeBay reserves the right to modify this User Agreement at any time. Changes will be effective upon posting on the ChargeBay platform.
By using ChargeBay, the Participant acknowledges that they have read, understood, and voluntarily agreed to be bound by this User Agreement. You agree to indemnify and hold ChargeBay’s and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
(i) your use of the Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) ChargeBay’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party Providers.
Copyright and Intellectual Property
Ownership:
All content, materials, trademarks, service marks, and trade names contained or displayed on the ChargeBay platform ("Content") are the property of ChargeBay LLC. or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
License:
ChargeBay grants the User a limited, non-exclusive, non-transferable license to access and use the Content solely for personal and non-commercial purposes related to the use of the ChargeBay platform. The User agrees not to reproduce, distribute, modify, transmit, perform, display, or create derivative works of the Content without the prior written consent of ChargeBay.
User Content:
By submitting, posting, or displaying any content on the ChargeBay platform ("User Content"), the User grants ChargeBay a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the operation of the ChargeBay platform. The User represents and warrants that they have all necessary rights, permissions, and consents to grant the above license to ChargeBay.
Notification of Infringement:
ChargeBay respects the intellectual property rights of others and expects its Users to do the same. If the User believes that their intellectual property rights have been infringed upon by any content on the ChargeBay platform, they may submit a written notification to ChargeBay's designated Copyright Agent.
Counter Notification: If the User believes that their content was removed or disabled as a result of a mistake or misidentification, they may submit a written counter-notification to ChargeBay's Copyright Agent.
Repeat Infringers: ChargeBay reserves the right to terminate User accounts that are repeat infringers of intellectual property rights.
Intellectual Property
Ownership:
ChargeBay LLC ("ChargeBay") acknowledges and asserts its exclusive ownership rights over the concept, design, and implementation of the peer-to-peer electric charger-sharing platform, including the provision of monetary benefits to hosts ("Platform").
Protection of Idea:
The concept of the Platform, including but not limited to the idea of facilitating peer-to-peer electric charger sharing with monetary benefits to hosts, is considered the proprietary intellectual property of ChargeBay. This includes all associated algorithms, processes, methods, and technologies developed or utilized in the creation and operation of the Platform.
Confidentiality:
Users and hosts of the Platform agree to treat the concept, design, and implementation of the Platform as confidential information and refrain from disclosing, reproducing, or distributing any such information without the prior written consent of ChargeBay.
Non-Competition:
Users and hosts agree not to engage in any activities that directly compete with the Platform or seek to replicate or imitate its unique features, functionalities, or business model without the express authorization of ChargeBay.
Enforcement:
ChargeBay reserves the right to take legal action against any individual or entity found to be infringing upon its intellectual property rights, including seeking damages, injunctive relief, and other appropriate remedies.
Acknowledgment:
By accessing or using the Platform, users, and hosts acknowledge the proprietary nature of ChargeBay's intellectual property and agree to respect and uphold its rights therein.
Disclaimers and Limitations of Liability
Use at Own Risk:
The use of the ChargeBay platform ("Platform") is at the sole risk of the user. ChargeBay LLC ("ChargeBay") does not warrant the accuracy, completeness, or reliability of any information, content, or materials provided on or through the Platform.
No Endorsement:
ChargeBay does not endorse, guarantee, or assume responsibility for any third-party products, services, advertisements, or other materials displayed or offered on the Platform.
No Warranty:
The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. ChargeBay disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Limitation of Liability:
ChargeBay shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or inability to use the Platform.
Indemnification:
Users agree to indemnify and hold ChargeBay, its officers, directors, employees, agents, and affiliates harmless from any claims, liabilities, damages, losses, or expenses arising out of or in connection with their use of the Platform, including but not limited to any violation of this Agreement.
Force Majeure:
ChargeBay shall not be liable for any failure or delay in performing its obligations under this Agreement resulting from acts of God, natural disasters, pandemics, war, terrorism, strikes, power outages, or other causes beyond its reasonable control.
Third-Party Interactions:
Users acknowledge and agree that any interactions with third parties, including hosts and other users, arising out of or in connection with the Platform are solely between them and such third parties. ChargeBay shall not be responsible for any disputes, damages, or liabilities arising from such interactions.
Modification of Terms:
ChargeBay reserves the right to modify, suspend, or terminate the Platform or any part thereof at any time without prior notice. ChargeBay shall not be liable to users or any third party for any modification, suspension, or termination of the Platform.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflicts of law provisions.
Entire Agreement:
This Agreement constitutes the entire agreement between the user and ChargeBay concerning the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.