Terms and Conditions

Updated: July 20, 2021.
 

These terms and conditions for ChargeUp Subscriptions govern your purchase and use of a ChargeUp Subscription, which is a subscription that renews automatically (the “Program” or “ChargeUp Subscription”) offered by SparkCharge Inc.,(“SparkCharge” or “we”). Participation in the Program is subject to these terms and conditions for ChargeUp Subscription and the general U.S. Terms of Use, Privacy Policy, and SparkCharge's Community Guidelines. SparkCharge is a technology company which provides mobile charging for users to schedule delivery services, sometimes with third party providers of such services under agreement with SparkCharge. 

 

Summary:

To create an account which allows ChargeUp to provide you Services; you must be 18 years of age or older and provide a certain amount of personal information to create an account; you allow ChargeUp to collect your precise geolocation and vehicle information; and ChargeUp may send you informational and marketing text or email messages. You own your personal information and User Content, permitting SparkCharge to use your User Content, and we own our company and intellectual property information. You alone are responsible for keeping your account secure. You may not have more than one account.

 

User Eligibility & Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ChargeUp certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). Multiple vehicles can belong to one Account. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or ChargeUp’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by SparkCharge in writing, you may only possess one Account.

 

 

1. How ChargeUp Subscriptions Work 

You agree to prepay a set fee monthly, for a ChargeUp provider to bring a portable EV charger to a location where your compatible electric vehicle is located. The ChargeUp provider will then deliver the requested amount of charge to your vehicle. When you buy a ChargeUp subscription, you agree to have your credit card charged every Billing Cycle on a recurring basis, you agree to these ChargeUp Subscription Terms, as well as the specific terms of the Offer. Offers are limited and subject to change. 

By participating in this Program you are agreeing to these ChargeUp Subscription Terms. If you do not agree to these ChargeUp Subscription Terms, do not participate in the Program.

ChargeUp Subscriptions are offered in two forms, Basic and Premium. 

 

Basic Subscription includes up to one charge delivery, within the service area, of up to 50 miles or the kWh equivalent every 48 hours.

Please note: 

The quantity of charge delivered to the vehicle may vary depending on the state of the charge of the vehicle. 50 minutes of charge delivered to one vehicle may yield 50 miles, however, the same amount of time charging another vehicle may result in less range. 

Most EVs are programmed to slow down charging speeds at 80%. For this reason ChargeUp will only charge up to 80%.

 

2. Duration and Frequency of Charges 

When you buy a ChargeUp Subscription, you'll be charged the one month rate or annual rate (depending on the subscription you choose)  for your first Billing Cycle on the date of purchase, which activates the ChargeUp Subscription for the term set forth in your Offer. Unless you cancel, you'll be charged at the Billing Cycle stated in your ChargeUp Subscription Offer based on the initial purchase date on your selected payment method. BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR CHARGEUP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE BEGINNING OF EACH BILLING CYCLE, AND THE PASS RATE WILL BE AUTOMATICALLY CHARGED TO YOUR SELECTED PAYMENT METHOD. If you do not want your ChargeUp Subscription to automatically renew, you can cancel your subscription in accordance with Section 3 below.

 

If your selected payment method is declined, ChargeUp will prompt you for a new payment method but reserves the right to terminate any unpaid periods in your ChargeUp Subscription with no further charges to you. ChargeUp and/or its parent, subsidiaries and/or affiliates are not responsible for any fees charged by the cardholder's bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, and other penalties levied by the cardholder's bank.

3. Canceling Your ChargeUp Subscription and Refunds

You may cancel your ChargeUp Subscription within the ChargeUp App up to 48 hours prior to your next scheduled payment to avoid further charges. To do this please email help@sparkcharge.io and tell us that you would like to cancel your subscription. 

If you cancel your ChargeUp Subscription, you will still have access to your ChargeUp Subscription until the end of the current Billing Cycle. All monthly payments are non-refundable and non-transferable, and will not be refunded on a pro-rata basis for any cancellation initiated during a Billing Cycle. Please use contact help@sparkcharge.io to report any unauthorized charges within 60 days. ChargeUp and SparkCharge are not responsible for overdraft fees that may be incurred.

To cancel a charge appointment please contact help@chargupdelivers.com 24 hours before the delivery. Cancelations after 24 hours or not having the vehicle at the set location and time of the appointment will result in a $10 cancelation fee. Extensive cancelations may result in the cancelation of your service.

 

4. Prohibited Activities

You may not:

  • have more than one active Account;

  • use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;

  • remove any copyright, trademark or other proprietary notices from any portion of the Services;

  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ChargeUp;

  • perform any activity in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

  • decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;

  • link to, mirror or frame any portion of the Services;

  • attempt to probe, scan or test the vulnerability of any ChargeUp system or network or breach any security or authentication measures;

  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services;

  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ChargeUp or any of ChargeUp’s providers or any other third party (including another user) to protect the services or any Content; or

  • attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

 

5. Combining Promotions.

Notwithstanding the terms and conditions of other promotions offered by ChargeUp or third parties, ChargeUp in its sole discretion may permit Subscription Benefits to be combined with other promotions. 

6. Changes to Renewable Passes

ChargeUp reserves the right to modify or stop offering ChargeUp Subscriptions or change Subscription Rates, Subscription Benefits or prices, at any time in its sole discretion. In the event SparkCharge increases the Rate of a ChargeUp Subscription, we will provide you with thirty (30) days prior notice via email before such changes take effect. All changes will be effective upon your next Billing Cycle, but if you do not agree with the price change, you have the right to reject the new Subscription Rate and may avoid these charges by canceling your ChargeUp Subscription according to the instructions in Section 3 above. 

SparkCharge may terminate your ChargeUP Subscription at our discretion without notice. If that happens, SparkCharge will give you a pro-rated refund based on charges already applied to your current billing period. We will not give any refund for termination related to conduct that we determine, in our sole discretion, violates these ChargeUp Subscription Terms, any applicable law, or involves fraud or misuse of the ChargeUp Subscription. 

 

7. Changes to Renewable Pass Terms

SparkCharge reserves the right to modify these ChargeUp Subscription Terms. If we make material changes to the ChargeUp Subscription Terms while you have an active ChargeUp Subscription, we will notify you either in the ChargeUp Subscription section of the applicable ChargeUp App and/or via email. Revised ChargeUp Subscription Terms become effective at the beginning of the next Billing Cycle and your continued use of a ChargeUp Subscription constitutes your acceptance of the revised ChargeUp Subscription Terms. If you are not willing to agree to the revisions, you may cancel your ChargeUp Subscription in accordance with Section 3 above.

 

8. Transfer of Rights

SparkCharge's rights and obligations under the Program may be assigned or transferred by SparkCharge to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity. 

 

9. Interpretation of Renewable Pass Terms

All interpretations of these ChargeUp Subscription Terms will be at SparkCharge's sole discretion and SparkCharge's decisions will be final.

10. Disclaimer

The Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Program or its features. SparkCharge may from time to time request information from you to confirm your identity before renewing your ChargeUp Subscription. SparkCharge may delay your access to Renewable Pass until you comply with this information request. The Program and all the information accessible through it are provided for information purposes only on an "as is" and "as available" basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products. ChargeUp Subscription and these ChargeUp Subscription Terms are provided by SparkCharge and do not modify the contractual relationships among or between the individuals and entities that use SparkCharge’s technology to offer goods or services, and SparkCharge or any SparkCharge affiliates, except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose.

10. Contact Us

If you have any questions about these Terms of Service, the practices of ChargeUp or your dealings with ChargeUp, you may contact us at SparkCharge, 24 Dane St., Somerville, MA 02143 or help@SparkCharge.io.


 

Addition information

 

Vehicle Information

You agree to allow ChargeUp to collect your vehicle information, such as the general condition of your vehicle, license plate, make, model or year, on occasion if there is an error in the information you provided or for verification purposes. This may be collected by taking a picture of your vehicle.

 

User Conduct

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to ChargeUp or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity.

 

Prohibited Activities

You may not:

  • have more than one active Account;

  • use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;

  • remove any copyright, trademark or other proprietary notices from any portion of the Services;

  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ChargeUp;

  • perform any activity in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

  • decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;

  • link to, mirror or frame any portion of the Services;

  • attempt to probe, scan or test the vulnerability of any ChargeUp system or network or breach any security or authentication measures;

  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services;

  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ChargeUp or any of ChargeUp’s providers or any other third party (including another user) to protect the services or any Content; or

  • attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

Ownership

The Services and all rights therein are and shall remain ChargeUp’s property or the property of ChargeUp’s licensors. Neither this Agreement nor your use of the Services conveys or grant to you any rights:

  • in or related to the Services except for the limited license granted above; or

  • to use or reference in any manner SparkCharge’s or ChargeUp’s company names, logos, product and service names, trademarks or services marks, or those of SparkCharge’s licensors.

 

Notice Regarding Apple

If you are using our mobile applications on an iOS device, the terms of this section (Notice Regarding Apple) apply. You acknowledge that this Agreement is between you and SparkCharge only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services - or your possession or use of the Services, including:

  • product liability claims;

  • any claim that the Services fail to conform to any applicable legal or regulatory requirement; and

  • claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringes that third party’s intellectual property rights. you agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. You hereby represent and warrant that:

  • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

  • you are not listed on any U.S. Government list of prohibited or restricted parties.

Notice Regarding Other App Stores or Services

If you are accessing or downloading the ChargeUp application from any other app stores or services, you may be subject to that app store’s or services’ terms of use.

 

Entire Agreement

This Agreement, with the Privacy Policy, contains the entire agreement between you and SparkCharge regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your ChargeUp account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you may not make any representations or bind ChargeUp in any manner.