EZ-CHARGE TERMS OF USE AND SERVICE AGREEMENT

This Agreement creates binding legal obligations on you. If you do not agree with any part of these Terms, please do not access EZ-Charge’s platforms, use any of our services, or create an account. By accessing or using our services in any way, you confirm that you have read, understood, and agree to be bound by this Agreement.

1. INTRODUCTION

1.1 Purpose

1. EZ-Charge provides portable charging solutions and related services through various electronic platforms and applications (including mobile apps and web-based interfaces) (together, the “EZ-Charge Platforms” or “Platforms”). By accessing the Platforms, using any services or devices provided through them, or registering an account, you agree to be bound by this Agreement.

2. EZ-Charge’s services are designed to make it easy for people to keep their mobile devices powered while on the move. Our goal is to provide convenient, reliable, and modern charging options for users and venues, helping to reduce “low battery anxiety” in an efficient and responsible way.

3. If you have any questions about this Agreement or our services, you can contact us at:
   Email: [email protected]

4. Payment processors. We work with third-party payment processors (such as card processors and digital wallet providers like Apple Pay or Google Pay) to process debit or credit card transactions and other payment methods. These providers may store certain information about you. You should refer to their privacy policies for more information about how they handle your personal data.

1.2 Headings

The clause and paragraph headings in this Agreement are for convenience only and do not affect the interpretation of the terms.

2. SCOPE

2.1 Contracting Parties

1. This Agreement is entered into between you (the user) and the operator of the EZ-Charge Platforms in the country where you are using our services.

2. References to “EZ-Charge”, “we”, “us”, “our” in this Agreement refer to the entity that operates the Platforms and provides services in your jurisdiction.

3. We may, at our discretion and subject to applicable law, assign or transfer our rights and obligations under this Agreement to another entity. Where required, we will notify you (for example, by updating information on the website or in the app).

2.2 Additional Terms, Usage Rules & Privacy Policy

1. You agree to comply with:

   • This Terms of Use and Service Agreement (“Agreement”);

   • Our Usage Rules (if any are published for devices, locations, or specific services); and

   • Our Privacy Policy, which explains how we collect, use, and protect your personal data.

2. The Usage Rules may include:

   • How and where you may use EZ-Charge devices or stations;

   • Your responsibilities when using or returning any portable chargers or related hardware;

   • Fees, charges, and any penalties (for example, for non-return or damage).

3. Our Privacy Policy explains how we collect, use, store, disclose, and otherwise process your personal data. By using our services, you consent to the handling of your personal data in accordance with the Privacy Policy.

4. Additional or service-specific terms may apply to certain features (for example, subscription plans, enterprise solutions, or special promotional programs). These will be communicated to you where relevant, and you may need to accept them before using those features. If there is a conflict between this Agreement and any additional terms, the additional terms will prevail for that specific feature or service.

3. USER REGISTRATION

3.1 Eligibility

1. You represent and warrant that:

   • You are at least 13 years of age; and

   • You have the legal capacity in your jurisdiction to enter into a binding agreement.

2. If you are under the age of majority in your jurisdiction (for example, under 18 in many provinces), you must have the permission of a parent or legal guardian to use the services. Your parent or guardian may be legally responsible for your actions in connection with your use of the Platforms and services.

3.2 User Account

1. To use certain services, you may be required to register for a user account (“Account”). You agree that all information you provide during registration and while using the Platforms is true, accurate, and complete, and that you will keep it updated.

2. We may accept or reject account registrations at our sole discretion and are not required to provide reasons for any decision. We may also suspend or close an Account where we reasonably believe there has been a breach of this Agreement, suspicious activity, or misuse of the services.

3. Your Account is personal to you. You may not transfer it to anyone else or allow others to use your Account, except where we expressly permit organizations or partners to create and manage accounts on behalf of their staff or customers. You are responsible for all activity that occurs through your Account.

4. Once your registration is complete and your Account is active, you may start using the services in accordance with this Agreement and any applicable Usage Rules.

3.3 Personal Information in Your Account

1. You may be required to provide personal information such as your name, email address, mobile number, and payment details. You confirm that all such information is accurate and that you have the right to provide it.

2. You must promptly update your information if it changes. We may, where allowed by law, verify the accuracy of the information you provide and may request additional information or documentation from you.

3. You are responsible for any loss or damage arising from inaccurate, incomplete, or false information you provide.

4. All personal information you provide will be handled in accordance with our Privacy Policy.

4. ACCOUNT SECURITY

1. You are responsible for keeping your login credentials (such as passwords, verification codes, or tokens) secure and confidential.

2. Your Account is for your use only. You agree that you will:

   • Not share your login credentials with any other person;

   • Not allow others to access EZ-Charge through your Account;

   • Log out or secure your session when using shared or public devices; and

   • Comply with all security requirements or instructions we may provide from time to time.

3. Until you notify us of suspected unauthorized access, all actions taken through your Account will be treated as having been performed by you. You are responsible for such activities and any resulting consequences.

4. If you suspect unauthorized access or unusual activity on your Account, you must notify us as soon as possible at:
   [email protected]

5. We may temporarily suspend or restrict access to your Account while we investigate any suspected security issue.

5. OWNERSHIP AND INTELLECTUAL PROPERTY

1. All intellectual property rights in and to the Platforms, including but not limited to software, code, design, logos, trademarks, text, graphics, photos, videos, and other materials, are owned by or licensed to EZ-Charge.

2. You may use the Platforms and content solely for your personal, non-commercial use and only in accordance with this Agreement. You may not:

   • Copy, reproduce, modify, adapt, translate, or create derivative works;

   • Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code;

   • Remove or alter any copyright, trademark, or other proprietary notices;

   • Use any EZ-Charge trademarks or branding without our prior written consent.

3. If you submit or upload any content (such as reviews, feedback, images, or other materials) (“User Content”), you represent that you have all rights necessary to do so and that your content does not infringe any third-party rights or violate any laws.

4. By submitting User Content, you grant EZ-Charge a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, display, modify, distribute, and create derivative works from your User Content for the purpose of operating, improving, and promoting our services, subject to applicable law and our Privacy Policy.

5. If you provide feedback or suggestions about EZ-Charge or our services, we may use such feedback in any manner without obligation to you, and you agree that all rights in such feedback are irrevocably assigned to EZ-Charge to the fullest extent permitted by law.

6. APPLICATIONS & SOFTWARE

1. EZ-Charge may make available mobile applications, web apps, or other software (“Applications”) that you can use to access the services.

2. We may provide updates, patches, and upgrades from time to time. You agree to install and use the latest version of the Applications as we may require for proper functioning and security.

3. We grant you a limited, revocable, non-exclusive, non-transferable license to download and use the Applications solely for your personal, non-commercial use in connection with EZ-Charge services, subject to this Agreement.

4. You may not:

   • Sell, distribute, sublicense, rent, or lease the Applications;

   • Integrate, embed, or bundle the Applications into other products without our permission;

   • Use the Applications for any unlawful or unauthorized purpose;

   • Interfere with or disrupt the operation of the Applications or Platforms.

7. YOUR RESPONSIBILITIES

When accessing the Platforms or using our services and devices, you agree that you will:

1. Comply with all applicable laws and regulations.

2. Treat EZ-Charge equipment (such as portable chargers, stations, kiosks, or stands) with care and in accordance with any instructions provided.

3. Promptly return or dock portable chargers as required, and not tamper with, damage, or attempt to dismantle any equipment.

4. Not rent, resell, or otherwise commercialize EZ-Charge devices or services without our prior written consent.

5. Not use the Platforms or services in any way that could harm, disable, overburden, or impair our systems or interfere with others’ use.

6. Not attempt to gain unauthorized access to any part of the Platforms, other accounts, or systems.

8. LIMITATION OF LIABILITY

1. The Platforms, services, and devices are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

2. We do not guarantee that:

   • The Platforms or Applications will be free from errors, interruptions, or security vulnerabilities;

   • Devices or stations will always be available at a particular location;

   • Any specific charging performance, speed, or capacity will be achieved.

3. Portable chargers and equipment may malfunction or fail even when correctly maintained. By using any EZ-Charge device, you acknowledge and accept the inherent risks associated with electronic equipment, including potential damage to your own devices or property, or interruption in service. You are responsible for ensuring your device is suitable for use with our chargers and cables.

4. To the maximum extent permitted by law, EZ-Charge will not be liable for:

   • Any indirect, incidental, special, consequential, or punitive damages;

   • Loss of profits, revenue, data, business opportunities, or goodwill;

   • Any damage to your mobile device, accessories, data, or other property arising out of or in connection with the use of our services or equipment.

5. Where our liability cannot be fully excluded, it will be limited to the lesser of:

   • The total amount you have paid to EZ-Charge for services in the 12 months immediately preceding the event giving rise to the claim; or

   • An amount equivalent to CAD $100 (one hundred Canadian dollars).

6. Nothing in this Agreement excludes or limits liability where such exclusion or limitation is prohibited by applicable law (for example, in relation to fraud or certain types of personal injury).

9. INDEMNITY

You agree to indemnify, defend, and hold harmless EZ-Charge, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

1. Your access to or use of the Platforms, services, or devices;

2. Your breach of this Agreement or any applicable law;

3. Any misuse, damage, or unauthorized modification of EZ-Charge equipment while in your possession or control;

4. Any content or information you provide through the Platforms that infringes the rights of any third party.

10. CHANGES TO SERVICES AND TERMS

1. We may modify, update, or discontinue any part of the Platforms or services at any time, including but not limited to features, content, or availability of devices, subject to applicable law.

2. We may update this Agreement from time to time. Where required by law, we will provide notice (for example, via email, app notification, or a notice on our website). Your continued use of the Platforms or services after the updated terms become effective will be deemed your acceptance of the revised Agreement. If you do not agree with the changes, you must stop using the Platforms and services.

11. NOTICES & COMMUNICATIONS

1. We may provide notices to you by any of the following methods:

   • Email to the address associated with your Account;

   • In-app notifications, pop-ups, or messages;

   • Notices posted on our website or Platforms.

2. You agree that electronic communications from us (including emails and notifications) satisfy any legal requirement that such communications be in writing.

3. If you need to contact us about this Agreement or our services, you can email:
   [email protected]

12. TERMINATION

12.1 By You

You may stop using our services and request closure of your Account at any time, subject to:

• Returning any EZ-Charge devices in your possession; and

• Paying any outstanding fees, charges, or amounts owed.

You can contact us at [email protected] to request account closure where that option is not available directly in the app or website.

12.2 By EZ-Charge

We may suspend or terminate your Account or access to all or part of the services at any time, with or without notice, if:

• We reasonably believe you have breached this Agreement;

• We suspect fraud, misuse, or suspicious activity;

• We decide to discontinue the Platforms or services; or

• Required by law or regulatory authorities.

12.3 Effect of Termination

Upon termination:

1. Your right to access the Platforms and services will cease.

2. You must immediately return any EZ-Charge devices and uninstall any Applications if requested.

3. Any provisions which by their nature should survive termination (including limitation of liability, indemnity, intellectual property, and dispute resolution clauses) will continue to apply.

13. FORCE MAJEURE

We will not be liable for any failure or delay in performance of our obligations under this Agreement to the extent caused by events beyond our reasonable control, including but not limited to: power outages, internet or telecommunications failures, strikes, labor disputes, wars, acts of terrorism, pandemics, natural disasters, governmental actions, or failures of third-party services or infrastructure.

14. GOVERNING LAW & DISPUTE RESOLUTION

1. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (unless another jurisdiction is required by applicable consumer protection laws).

2. You agree that any dispute arising out of or relating to this Agreement, the Platforms, or the services will be subject to the exclusive jurisdiction of the courts located in Ontario, Canada, unless otherwise required by applicable law.

15. GENERAL

1. No partnership or agency. Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and EZ-Charge.

2. Entire agreement. This Agreement, together with the Privacy Policy, Usage Rules, and any additional terms that apply to specific services, constitutes the entire agreement between you and EZ-Charge regarding your use of the Platforms and services.

3. Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

4. No waiver. Our failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

5. Assignment. You may not transfer or assign your rights or obligations under this Agreement without our prior written consent. We may assign or transfer our rights and obligations under this Agreement to another entity, subject to applicable law.

6. Third-party rights. This Agreement does not create any rights enforceable by any person who is not a party to it.