Terms of Service

1. Acceptance of Terms

By accessing or using SpotCharge ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

SpotCharge is an EV charging station directory platform that helps drivers find charging locations and helps location owners manage and promote their charging stations. These Terms govern your use of the SpotCharge website, applications, and all related services.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use SpotCharge. By creating an account, you represent that you meet these requirements. SpotCharge is currently available to users in the United States.

3. User Accounts

You may create an account as either a Driver or a Location Owner. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• You must provide accurate, current, and complete information during registration
• You must promptly update your account information if it changes
• You may not create or maintain more than one account per person
• You may not share your account credentials with others or allow others to access your account
• You must notify us immediately if you suspect unauthorized access to your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable notice where possible.

4. The Service

SpotCharge provides the following features and services:

• Charging station directory: A searchable directory of EV charging locations with details including station type, connector types, amenities, and photos
• Location management: Tools for location owners to create and manage charging station listings, including stations, ports, photos, and amenities
• Reviews: A review system allowing drivers to share experiences at charging locations, and owners to respond to reviews
• QR codes and short URLs: Generated QR code posters and short URL pages (using site codes) that link to public charging station listings
• Public listing pages: Publicly accessible pages for each charging location that display station details, photos, reviews, and amenities

We may add, modify, or discontinue features of the Service at any time. We will make reasonable efforts to notify users of significant changes.

5. Location Owner Responsibilities

If you list a charging station on SpotCharge, you represent and warrant that:

• You are the owner or authorized representative of the charging station and have the authority to list it
• All information you provide about your station is accurate, complete, and up to date
• You will promptly update your listing if station details change (e.g., availability, pricing, hours of operation)
• Photos you upload are yours or you have obtained all necessary rights and permissions to use them
• Your listing does not infringe on the intellectual property or other rights of any third party
• Your charging station complies with all applicable local, state, and federal laws and regulations

SpotCharge is not responsible for the accuracy of individual listings. Location owners are solely responsible for the content they publish.

6. User Content

"User Content" includes reviews, photos, listing information, and any other content you submit to SpotCharge. By submitting User Content, you:

• Grant SpotCharge a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute your content in connection with operating the Service
• Represent that you own or have the necessary rights to submit the content
• Acknowledge that your content may be publicly visible to other users

Reviews must comply with the following guidelines:

• Reviews must be based on your genuine, firsthand experience at the charging location
• Reviews must not contain false, misleading, or defamatory statements
• Reviews must not contain spam, advertising, promotional material, or solicitations
• Reviews must not contain hate speech, threats, harassment, or obscene material
• Reviews must not violate any third-party rights including privacy rights

We reserve the right to remove, edit, or refuse to display any User Content that violates these Terms, at our sole discretion and without prior notice.

7. Photos and Media

You may upload photos of charging stations to SpotCharge. By uploading photos, you confirm that:

• You are the photographer or have obtained permission from the photographer to upload the image
• The photos do not contain identifiable individuals without their consent
• The photos accurately represent the charging station and are not manipulated in a misleading way
• The photos do not contain offensive, inappropriate, or illegal content

Photos are stored securely and are subject to usage limits based on your account tier. We may compress or resize photos for performance purposes.

8. QR Codes and Site Codes

SpotCharge generates unique site codes and QR codes for charging locations. These codes are the property of SpotCharge and are provided for use in connection with the Service.

• Site codes are assigned by SpotCharge and may not be transferred or resold
• QR code posters generated through SpotCharge may be printed and displayed at your charging location
• You may not use QR codes or site codes for purposes unrelated to your SpotCharge listing
• SpotCharge reserves the right to reassign or deactivate site codes for inactive or terminated accounts

9. Subscriptions and Pricing

SpotCharge offers a free tier and a paid Premium subscription.

• Free tier: 1 location, 5 photos total, and 2 review responses per month.
• Premium tier: $12.99/month. Includes 3 locations, 25 photos per location, unlimited review responses, and premium per-location analytics.

Premium subscriptions are billed immediately at checkout and renew automatically each month at the price shown. You may cancel at any time via the Customer Billing Portal accessible from your account settings (/dashboard/settings). Cancellation stops the next renewal; Premium features remain active through the end of the current paid period.

30-day no-questions-asked refund. If you are not satisfied with Premium for any reason, email support@spotcharge.io within 30 days of your initial subscription charge and we will issue a full refund and cancel the subscription. After the 30-day window, we do not offer prorated refunds for partial months.

We reserve the right to change pricing with at least 30 days advance notice via email or in-product notice. If you exceed the usage limits of your current tier, you may be required to upgrade or reduce your usage to remain within your plan.

10. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Scrape, crawl, spider, or collect data from SpotCharge through automated means without our written permission
• Attempt to gain unauthorized access to our systems, servers, or other users' accounts
• Impersonate another person, entity, or falsely represent your affiliation with any person or entity
• Submit false, misleading, or fraudulent information, including fake reviews or listings
• Interfere with, disrupt, or place an unreasonable burden on the Service or its infrastructure
• Upload viruses, malware, or other harmful code
• Use the Service to send unsolicited communications or spam
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Create a competing service using data obtained from SpotCharge

11. Intellectual Property

The SpotCharge name, logo, website design, and all related trademarks, service marks, and trade dress are the property of SpotCharge. You may not use our branding without prior written permission.

All software, features, and functionality of the Service (excluding User Content) are owned by SpotCharge and are protected by intellectual property laws. Nothing in these Terms grants you any right to use our intellectual property except as expressly permitted.

12. Privacy

Your use of SpotCharge is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

13. Third-Party Services

SpotCharge integrates with third-party services for functionality such as authentication, payment processing, email delivery, and mapping. Your use of these third-party services is subject to their respective terms and privacy policies. SpotCharge is not responsible for the practices or content of third-party services.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, SpotCharge does not warrant that: (a) charging station listings are accurate, complete, or current; (b) charging stations listed are operational or available; (c) user reviews are truthful or reliable; (d) the Service will be uninterrupted, error-free, or secure; or (e) any defects will be corrected. Always verify charging station details independently before visiting.

No professional advice. Information presented through the Service, including station availability, pricing, operating hours, accessibility, network compatibility, and operational status, is provided for informational purposes only and does not constitute professional, technical, electrical, safety, or legal advice. You are solely responsible for confirming relevant details directly with the location operator before acting on any listed information.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOTCHARGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Inability to charge your vehicle at a listed location
• Inaccurate or incomplete listing information
• Damage to your vehicle or property at a listed location
• Actions or omissions of other users or location owners
• Service interruptions or data loss

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU HAVE PAID SPOTCHARGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Exclusive remedy. Your sole and exclusive remedy for any dissatisfaction with the Service is to stop using the Service and, where applicable, receive a prorated refund of any unused prepaid subscription fees. The limitations and exclusions in this Section 15 apply regardless of the legal theory on which any claim is based (contract, tort, statute, or otherwise) and apply even if any limited remedy is found to fail of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you to the extent prohibited by applicable law.

16. Indemnification

You agree to defend, indemnify, and hold harmless SpotCharge and its operators, owners, officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your User Content (including any claim that your User Content infringes any third-party right or violates any law); (d) your violation of any applicable law or regulation; or (e) any dispute between you and any third party arising from your use of the Service.

SpotCharge reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.

17. Account Termination

You may delete your personal account at any time from your account settings. Upon account deletion:

• Your login, profile information, and reviewer attribution are removed
• Per the User Content license in Section 6, charging-station listings, photos, and reviews you uploaded remain on SpotCharge
• Locations you owned are marked as unclaimed and may be re-claimed by another verified owner
• Active subscriptions are canceled immediately; no further charges will be made
• Some data may be retained as required by law or for legitimate business purposes (for example, billing records for tax/accounting)

We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms, with notice where practicable.

18. Dispute Resolution

Notice and opportunity to cure. Before filing any claim, lawsuit, or arbitration demand against SpotCharge, you must first send written notice describing the claim, the relief sought, and your contact information to support@spotcharge.io and allow at least thirty (30) days for SpotCharge to attempt good-faith resolution. Failure to satisfy this notice and cure requirement is a material breach of these Terms, and any claim brought without satisfying it may be stayed or dismissed.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved through the notice-and-cure process shall be resolved through final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Michigan or via videoconference, at SpotCharge's option. Judgment on the award may be entered in any court of competent jurisdiction.

Class action and jury waiver. YOU AND SPOTCHARGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND SPOTCHARGE FURTHER WAIVE ANY RIGHT TO TRIAL BY JURY. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Time limitation. You agree that any claim arising out of or related to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. After that period, the claim is permanently barred. If applicable law does not permit a one-year limitation, the claim must be brought within the shortest period permitted by applicable law.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.

20. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of SpotCharge after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you should stop using the Service and delete your account.

21. Force Majeure

SpotCharge shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to: acts of God; natural disasters; pandemics or public health emergencies; acts of war, terrorism, civil disturbance, or government action; failures or interruptions of internet, telecommunications, electricity, or third-party hosting infrastructure (including Vercel, Supabase, Stripe, and Resend); cyber attacks or unauthorized access; data incidents at third-party providers; labor disputes; or any similar force majeure event. During any such event, our obligations under these Terms are suspended to the extent reasonably necessary, and we will use commercially reasonable efforts to resume performance promptly. Neither party is responsible for damages caused by such events.

22. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SpotCharge regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.
• No Agency: Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and SpotCharge.

23. Contact

Questions or concerns about these Terms? Contact us at support@spotcharge.io.