1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.

2. Company Information

The Services are operated by ChargeBay Inc. (“ChargeBay”, “we”, “us”, “our”).

Registered Address: 800 Brickell Ave, Ste 401, Miami, FL 33131

3. Eligibility & Account

You must be at least 18 years old and have the legal capacity to enter into these Terms. You agree to provide accurate and up-to-date account information and to keep your account secure.

• You are responsible for activity on your account, including bookings and charging sessions.
• You must not share your login credentials or misuse another user’s account.
• We may suspend or restrict accounts that show fraud, misuse, or policy violations.

4. Services Overview

ChargeBay provides EV charging discovery, reservations (where available), session management, payments, receipts, and related tools through the website and mobile app.

Availability note: Real-time availability indicators are best-effort and may change due to on-site conditions, maintenance, connectivity, or third-party operator systems.

5. Communications & Notifications

By creating an account or using the Services, you consent to receive communications from ChargeBay related to your use of the Services (“Service Communications”). Service Communications may include transactional and operational messages such as one-time passwords (OTPs), reservation confirmations, charging start/stop alerts, charging ending reminders, idle-fee notifications, receipts, account-related notices, and customer support responses.

• Email first, SMS fallback: ChargeBay will send Service Communications to your email address when an email is associated with your ChargeBay account. If you do not have an email associated with your account, you agree that ChargeBay may send Service Communications via SMS to the phone number linked to your account.
• Third-party messaging providers: We use third-party service providers to deliver SMS and other communications. Your phone number and message metadata may be shared with these providers solely to deliver Service Communications.
• Message delivery: Delivery is subject to your device, carrier, network availability, and third-party provider performance. ChargeBay is not responsible for delays or failures in message delivery outside of our reasonable control.
• Consent & account status: You represent that you are authorized to use the phone number you provide. You agree to keep your contact information accurate and up to date.
• Opt-out (SMS): Where required by law, you may opt out of non-essential SMS. However, opting out of SMS may prevent you from receiving critical Service Communications needed to use certain features when no email is associated with your account.

Standard message and data rates may apply based on your mobile carrier plan. ChargeBay may charge users for receiving SMS, and carrier fees and related charges may apply.

5. Reservations (Guaranteed Charge)

Reservations (sometimes referred to as “Guaranteed Charge”) may be available only on select ChargeBay-enabled chargers.

• Exclusive access: A reservation is valid only for the user account that made the booking.
• On-site requirement: You must arrive at the site and plug in your vehicle.
• Start in-app: Once your reserved slot begins, go to Upcoming Bookings and tap Start Charging.
• 15-minute grace period: If you do not start your reservation within 15 minutes of the reservation start time, your booking will be cancelled and the charger may be released to others.

We may require location permissions, charger ID verification, QR scanning, or other methods to confirm you are physically at the charger and authorized to start the reserved session.

6. Cancellations & No Modifications

No modifications: Once confirmed, reservation time and duration cannot be modified. If you need a different slot, you must cancel and rebook (subject to availability).

Cancellation window: You may cancel a reservation up to 180 minutes (3 hours) before the scheduled start time.

Refunds: If you cancel within the allowed window, refunds (if applicable) are issued to the original payment method or as wallet credit, depending on the payment method and site rules shown at checkout.

Late cancellations, no-shows, or failure to start within the grace period may result in forfeiture of reservation fees, as disclosed at booking.

7. Free Access Verification

Where free or subsidized charging is offered, eligibility can be verified only via your registered email address.

• Free access may be limited to specific locations, times, user categories, or promotions.
• If your email is incorrect or not verified, free access may not apply.
• ChargeBay may require additional checks (OTP, account verification, or program enrollment) to prevent misuse.

8. Payments, Taxes & Transaction Fees

Charging fees may be based on energy (kWh), time, or a combination, depending on the station and local rules.

• Taxes & transaction fees are borne by the user, unless explicitly stated otherwise at checkout.
• Payment processing may be handled by third-party providers; you authorize us to charge your chosen method.
• Receipts and session summaries are available in the app under Activity / History.

Prices may change from time to time and can vary by location. The price presented at confirmation governs the session.

9. Idle Fees

Idle fees may apply when your vehicle remains connected after charging is complete, where enabled by a station or site policy.

• Idle fees (if applicable) will be displayed in-app or on-site signage.
• You are responsible for ending your session and unplugging promptly after completion.
• Idle fees may be charged as a separate transaction.

10. Safety & Proper Use

EV charging involves electrical equipment. You agree to use the Services and charging equipment safely and as intended.

• Do not use damaged cables/connectors or unauthorized adapters.
• Stop the session in-app (or as instructed) before disconnecting.
• Follow on-site instructions, local laws, and posted safety notices.

ChargeBay is not responsible for damages arising from improper use, unsafe conditions, or unauthorized equipment.

11. Third-Party Chargers & Sites

Some chargers may be operated by third-party site hosts or partners. In such cases:

• Physical maintenance, access control, and site rules may be controlled by the third-party operator.
• Availability and performance may be affected by operator systems, connectivity, or maintenance.
• Reservations may not be supported on non-ChargeBay chargers.

12. Intellectual Property

The Services, including software, designs, logos, trademarks, and content, are owned by ChargeBay or its licensors. You may not copy, modify, distribute, sell, or reverse engineer any part of the Services without written permission.

13. Disclaimers

The Services are provided on an “as is” and “as available” basis. We do not guarantee uninterrupted access, error-free operation, or the availability of any specific charging station.

Some jurisdictions may not allow certain disclaimers, so portions of this section may not apply to you.

14. Limitation of Liability

To the maximum extent permitted by law, ChargeBay will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill arising from your use of the Services.

Where liability cannot be excluded, ChargeBay’s total liability will not exceed the total amount you paid to ChargeBay for Services in the prior six (6) months, except where prohibited by law.

15. Indemnification

You agree to indemnify and hold harmless ChargeBay and its officers, directors, employees, and partners from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, violation of these Terms, or violation of laws or third-party rights.

16. Termination

We may suspend or terminate your access to the Services if we believe you have violated these Terms, misused charging equipment, engaged in fraud, or created risk for other users, operators, or the network.

You may stop using the Services at any time.

17. Dispute Resolution & Arbitration

Informal resolution first: Before filing a claim, you agree to contact us at operations@chargebay.app and attempt to resolve disputes informally.

Binding arbitration: If we cannot resolve the dispute informally, you agree that disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration, except where prohibited by law.

The arbitration will be conducted on an individual basis. Class actions and class arbitrations are not permitted to the extent allowed by law. This section does not prevent you from seeking relief in small claims court where eligible.

18. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised “Last updated” date. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

19. Contact

If you have questions about these Terms, contact us:

• Email: operations@chargebay.app
• Company: ChargeBay Inc.
• Address: 800 Brickell Ave, Ste 401, Miami, FL 33131