Terms of Service
Please read these terms carefully before using the EV Echos platform.
These Terms of Service ("Terms") govern your access to and use of the EV Echos Charge Point Management System (CPMS) platform and related services (collectively, the "Services") provided by EV Echos Inc. ("EV Echos," "we," "us," or "our").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Please read these Terms carefully.
Agreement to Terms
Acceptance
By accessing or using the EV Echos platform, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.
Account Eligibility
You must be at least 18 years old and have the legal authority to enter into this agreement. If you are accepting these terms on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.
Account Registration
To use our services, you must create an account with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
License and Usage Rights
Limited License
Subject to these terms, EV Echos grants you a non-exclusive, non-transferable, revocable license to access and use our platform for your internal business operations. This license does not include any resale or commercial use beyond managing your own charging infrastructure.
Permitted Use
You may use our platform to manage your EV charging infrastructure, access real-time monitoring and analytics, process charging transactions, generate reports and insights, integrate with third-party systems via our API, and access customer support resources.
Usage Limitations
You may not reverse engineer, decompile, or disassemble our software; attempt to gain unauthorized access to our systems; use automated systems to scrape or extract data; resell or redistribute our services without authorization; or use the platform for unlawful purposes.
API Usage
API access is subject to rate limits and fair use policies. Commercial API usage may require a separate agreement. You must comply with our API documentation and security requirements.
Service Features and Availability
Platform Features
Our platform provides charge point management, real-time monitoring and alerts, load balancing and smart scheduling, billing and payment processing, predictive maintenance analytics, multi-site management, and OCPP protocol support. Specific features vary by subscription tier.
Service Level Agreement
We target 99.95% uptime for our platform, excluding scheduled maintenance. SLA credits may be available for qualifying outages as specified in your subscription agreement.
Scheduled Maintenance
We perform scheduled maintenance with advance notice through email and platform notifications. Maintenance windows are typically scheduled during off-peak hours to minimize disruption.
Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services with reasonable notice. We will provide migration tools and support for deprecated features when possible.
Billing and Payments
Subscription Fees
Our services are provided on a subscription basis with pricing determined by your selected plan, number of charging points, transaction volume, and additional features. All fees are in U.S. Dollars unless otherwise specified.
Payment Terms
Subscription fees are billed in advance on a monthly or annual basis. Payment is due upon invoice receipt. We accept credit cards, ACH transfers, and wire transfers for enterprise customers.
Late Payments
Accounts with payments overdue by 30 days may be suspended. A late fee of 1.5% per month (or the maximum allowed by law) may be applied to overdue balances. Service interruption due to non-payment may result in data access limitations.
Refund Policy
Annual subscriptions may be eligible for pro-rata refunds within 30 days of initial purchase. Monthly subscriptions are non-refundable. Refunds for service outages are governed by our SLA credits policy.
Price Changes
We may modify pricing with 60 days advance notice. Existing customers will maintain their current pricing until the next renewal period.
Data Rights and Ownership
Your Data
You retain all rights to your operational data, customer information, and business content uploaded to our platform. We do not claim ownership of your data.
Platform License to Your Data
You grant us a limited license to process, store, and transmit your data solely to provide our services. This includes backup operations, analytics processing, and system optimization.
Aggregated Data
We may create anonymized, aggregated statistics from platform usage for industry benchmarking, platform improvements, and marketing purposes. This aggregated data does not identify individual customers or their specific operations.
Intellectual Property
All intellectual property rights in the EV Echos platform, including software, design, trademarks, and documentation, remain the exclusive property of EV Echos. Our trade secrets and proprietary algorithms are protected under applicable law.
Warranties and Disclaimers
Service Warranty
We warrant that our services will perform substantially in accordance with our documentation. This warranty is subject to proper use of the platform and compliance with our guidelines.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Third-Party Services
Our platform may integrate with third-party services and hardware. We are not responsible for the performance, availability, or security of third-party services. Integration issues should be addressed with the respective vendors.
No Hardware Warranty
We provide software platform services only. We do not manufacture or warranty charging hardware. Hardware issues should be directed to your equipment manufacturer.
Limitation of Liability
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EV ECHOS' TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Excluded Damages
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOST REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, telecommunications failures, cyber attacks, pandemics, or other force majeure events.
Indemnification
Your Indemnification
You agree to indemnify, defend, and hold harmless EV Echos and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, violation of these terms, infringement of third-party rights, or your charging operations.
Indemnification Process
We will promptly notify you of any claim subject to indemnification. You will have sole control of the defense, provided you do not settle without our prior written consent. We reserve the right to participate in defense at our own expense.
Term and Termination
Term
These terms begin when you first access our services and continue until terminated by either party. Subscription-specific terms are governed by your subscription agreement.
Termination by You
You may terminate your account at any time through your account settings or by contacting support. Termination is effective at the end of your current billing period. You remain responsible for all fees incurred prior to termination.
Termination by Us
We may suspend or terminate your account immediately for violation of these terms, non-payment after 30 days, fraudulent activity, security threats, or illegal use of our services. We will provide notice when possible, except in cases of severe violations.
Effect of Termination
Upon termination, your access to the platform will cease. You may export your data within 30 days of termination. After 30 days, we may permanently delete your data. All provisions that should survive termination (payment obligations, intellectual property rights, disclaimers, and limitations) will continue in effect.
Dispute Resolution
Governing Law
These terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.
Informal Resolution
Before filing any legal claim, you agree to first contact us at legal@evechos.com to attempt informal resolution. We commit to working in good faith to resolve disputes amicably.
Arbitration Agreement
Any dispute that cannot be resolved informally shall be resolved through binding arbitration in San Francisco, California, administered by the American Arbitration Association under its Commercial Arbitration Rules. Each party will bear its own costs. The arbitrator's decision is final and binding.
Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class actions or representative proceedings. This waiver does not apply where prohibited by law.
Exceptions
Either party may seek injunctive relief in court for intellectual property infringement or confidentiality breaches without first pursuing arbitration.
Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email and platform notification at least 30 days before the effective date. Continued use after changes take effect constitutes acceptance of the revised Terms.
Severability and Waiver
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect. Our failure to enforce any right or provision does not constitute a waiver of such right or provision.
Entire Agreement
These Terms, together with our Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and EV Echos regarding our Services and supersede all prior agreements and understandings.
Questions About These Terms?
Contact our legal team for clarification or concerns about these Terms of Service
Email: legal@evechos.com
Address: 123 Innovation Drive, San Francisco, CA 94105