Driver Terms of Service

General Terms of Service

These Terms of Service are important, so we hope you will read them and let us know if you have any questions. You can always e-mail us at support@swtchenergy.com if you do.

By creating an account with SWTCH (a SWTCH Account) or accessing any services from SWTCH Energy (SWTCH or we) you are agreeing to be bound by these Terms of Service and conditions, as they may be updated by SWTCH from time to time at its sole discretion (Terms of Service).

Service

SWTCH provides an application and website as well as associated media and support that help providers of parking spaces equipped with electric vehicle (EV) charging (Providers) (i) assign users of EV charging (Users, including, for greater certainty, Community Users, as defined below) rights of use arrangements to permit Users to charge their EVs using EV supply equipment and parking spaces provided by the Provider (the Charging Right of Use) and (ii) bill Users according to the terms of the Charging Right of Use as detailed in these Terms of Service (collectively, the Service). Any new features or tools that are added to the Service will also be subject to these Terms of Service. You can review the current version of the Terms of Service at any time on the Service website.

You acknowledge that SWTCH is not a Provider, landlord, real estate broker, or insurer. SWTCH has no control over the conduct of Providers and Users, and disclaims all liability in this regard to the maximum extent permitted by law. In offering the Service, SWTCH acts as an agent of the Provider to assign Users the Charging Right of Use.

You acknowledge and agree that, by accessing or using the Service or by using the Service website(s), you are indicating that you have read, and that you understand and agree to be bound by these Terms of Service, whether or not you have become a User. If you do not agree to these Terms of Service, then you have no right to access or use the Service, including the Service website(s).

If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

The Terms of Service

SWTCH reserves the right to update and change the Terms of Service by posting updates and changes to the Service website or the Service website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If we post an update about changes to the Terms of Service and you continue to use the Service, you agree to be bound by the revised Terms of Service.

You must read, agree with and accept all of the Terms of Service and conditions contained in these Terms of Service and any referenced documents, including SWTCH’s Privacy Policy, before you may become a User.

Supplemental Terms of Service may apply to aspects of the Service. If we create supplemental Terms of Service we will disclose them to you and they will, unless otherwise noted, prevail over these Terms of Service in the event of a conflict.

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English-language Terms of Service and versions of the Terms of Service available in another language, the most current English version of the Terms of Service will prevail.

No term of these Terms of Service will be enforceable by any person that is not a party to these Terms of Service.

You may not assign these Terms of Service without our written approval. SWTCH is entitled to assign or sub-contract our obligations under these Terms of Service without your consent. One example of when this could happen is if we get subcontractors to help us provide the Service, or if part or all of our company is bought by or combined with another company.

All parties to these Terms of Service shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of these Terms of Service impossible, whereupon all money accrued due under these Terms of Service shall be paid.

Each party acknowledges that these Terms of Service (including any referenced agreements and policies) contain the whole agreement between the parties. Each party further acknowledges that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

You agree that these Terms of Service are fair and reasonable in all the circumstances. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible.

No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of these Terms of Service shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms of Service. No right, power or remedy in these Terms of Service conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

Headings contained in these Terms of Service are for reference purposes only and should not be incorporated into these Terms of Service and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

The Charging Right of Use

You agree that if you become a User of the Service, you are entering a binding, revocable, temporary right of use arrangement with SWTCH, as an agent of the Provider, to use the designated charging space and EV charging equipment with the vehicle you have registered with SWTCH. The right of use lasts only as long as specified in the booking. You appoint us your agent to provide your agreement to the Charging Right of Use and to process your payment, but acknowledge that we are not a party to the Charging Right of Use, and that it is a legal relationship between you and the Provider only.

Security and Privacy

You understand that all activity and content, such as data, graphics, photos, videos and links, that is uploaded under your SWTCH Account (Profile Content) (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by SWTCH, is governed by its privacy policy at https://charge.swtchenergy.com/en/infos/privacy.

Support

Technical support is only provided to registered Users and is available via email (support@swtchenergy.com) and via telephone (1-844-798-2438). We'll do our best to get back to you quickly, but we prioritize service requests based on their urgency.

Disputes

The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

You acknowledge that SWTCH’s rights and your obligations to SWTCH are of a unique and irreplaceable nature, the loss of which shall irreparably harm SWTCH and which cannot be replaced by monetary damages alone so that SWTCH shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.

You agree that the provisions in this section will survive any termination of these Terms of Service.

Contact and Notice

Questions about the Terms of Service should be sent to support@swtchenergy.com.

You agree that SWTCH will use the email address you provide upon registration for your SWTCH Account as the primary method of communication with you. You are responsible for keeping it up-to-date so you don't miss important information and messages from us.

SWTCH may give notice by means of a general notice on the Service, electronic mail to your email address in your SWTCH Account, or by written communication sent to your address as set forth in your SWTCH Account. You may give notice to SWTCH by written communication to SWTCH's address

SWTCH Energy Inc.
64 Fraser Avenue
Toronto, Ontario
M6K 1Y6

support@swtchenergy.com

Becoming a User and Creating a SWTCH Account

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. By registering for a SWTCH Account, you are warranting to us that this is true.

To access and use the Service, you must register for a SWTCH Account and provide your valid

full legal name;
current address;
phone number;
email address;
credit card number;
vehicle make;
vehicle model;
vehicle year;
vehicle license plate number;
any other information required during signup.

You acknowledge and agree that we will need to provide your full legal name, current address, vehicle make, vehicle model, vehicle year and vehicle license plate number to Providers to permit them to provide the Charging Right of Use and to manage charging enforcement.

Use of the Service and your SWTCH Account

You may not use the SWTCH service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the express written permission of SWTCH.

You are only allowed to have one SWTCH Account, and if we terminate the SWTCH Account for any reason, you are not allowed to open another SWTCH Account or use another SWTCH Account without our written permission, which permission we can withhold for any reason.

You agree to maintain accurate, complete, and up-to-date information in your SWTCH Account. Failure to do so, including having an invalid or expired vehicle license plate number or payment method on file, may result in your inability to access and use the Service. SWTCH may reject your application for an SWTCH Account, or cancel an existing SWTCH Account, for any reason, in our sole discretion.

You are responsible for keeping your password secure. SWTCH cannot and will not be liable for any loss or damage from your failure to maintain the security of your SWTCH Account and password.

You are responsible for all Profile Content. You must not transmit any worms or viruses or any code of a destructive nature.

Unless expressly authorized by a specific feature on SWTCH, you are not permitted to share your SWTCH Account with anyone or allow others to access or use your SWTCH Account. You agree that you will take sole responsibility for any activities or actions under your SWTCH Account, whether or not you have authorized such activities or actions. You will immediately notify SWTCH of any unauthorized use of your SWTCH Account. SWTCH may, in its sole discretion, enable features that allow other Users to take certain actions associated with your SWTCH Account, on your behalf with your express authorization.

You agree that Providers are permitted in their sole discretion to determine who may charge at their facilities and when and may instruct us to refuse to grant the Charging Right of Uses to you or any person for any reason with no liability.

Termination / Ending the Relationship

A breach or violation of any term in the Terms of Service as determined in the sole discretion of SWTCH will result in an immediate termination of the Service and your SWTCH Account.

We may immediately suspend or terminate these Terms of Service or generally cease offering or deny access to the Service, any SWTCH Account or any portion thereof, at any time for any reason.

If we terminate these Terms of Service, the Terms of Service will continue in full force, so far as such Terms of Service relate to existing bookings or the consequences of any previous booking (including Terms of Service relating to fees, disclaimers, liability and damage). For greater clarity, you agree to honor any outstanding bookings and you agree to indemnify us on a continuing basis in respect of any cancelled bookings, cancelled Charging Rights of Use, or fees that you owe to us or to a Provider.

You may cancel the Service at any time by emailing support@swtchenergy.com and then following the specific instructions indicated to you in SWTCH’s response. If, at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again and we will proceed with terminating the Service.

Upon termination of the Service for any reason:

SWTCH will cease providing you with the Service and you will no longer be able to access your SWTCH Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
any outstanding balance owed to SWTCH or a Provider for your use of the Service through the effective date of such termination will immediately become due and payable in full; and
your SWTCH Account and Profile Content will be taken offline in our sole discretion.

Fraud: Without limiting any other remedies, SWTCH may immediately suspend or terminate your SWTCH Account if we suspect that you (by conviction, settlement, insurance, investigation, tips or otherwise) have engaged in fraudulent activity in connection with the Service. We will not fully close your SWTCH Account until we have satisfied ourselves that you have committed or attempted to commit fraud. If we find no evidence of attempted or actual fraud, we may choose to re-open your SWTCH Account, but our investigation could take some time.

Email and/or Text Messaging

By creating an SWTCH Account, you agree and provide your express consent that the Service may send you commercial electronic messages, informational email, text (SMS) or other electronic messages as part of the normal business operation of your use of the Service.

Promotional Codes

SWTCH may, in its sole discretion, create promotional codes that may be redeemed for SWTCH Account credit, or other features or benefits related to the Service and/or a third party provider's service, subject to any additional Terms of Service that SWTCH establishes on a per promotional code basis (Promo Codes). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by SWTCH; (iii) may be disabled by SWTCH at any time for any reason without liability to SWTCH; (iv) may only be used pursuant to the specific terms of service that SWTCH establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to use. SWTCH reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that SWTCH determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms of service or these Terms of Service.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Service. Your mobile network's data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device and you will be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. SWTCH does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Malfunctioning EV Charging Equipment

If you experience any malfunctioning EV charging equipment or are unable to charge, it is your responsibility to alert the Provider and request a refund of your Right of Use Fee, Network Management Fee and Service Fee, which will be reviewed and processed in accordance with our policies on Cancellations and Refunds, below.

Payment Terms of Service

Definitions

Listing means a description and additional information about the Charging Right of Use made via the Service by the Provider.

Network Management Fee means the amount that is due and payable by a User in exchange for SWTCH's management of the EV charging network, plus applicable tax.

Overall Transaction Fee means the sum of the Right of Use Fee, the Service Fee, the Network Management Fee, and, if applicable, the Overstaying Fee.

Overstaying Fee means the amounts that are due and payable by a Community User (as defined below) who occupies a parking space beyond a certain time in contravention of the terms of the Charging Right of Use.

Payment Method means a payment method that you have added to your SWTCH Account, such as a credit card or other method of payment supported by SWTCH from time to time.

Right of Use Fee means the amounts that are due and payable by a User in exchange for the Charging Right of Use, plus applicable tax calculated on the pre-tax value of the Right of Use Fee, based on the Provider's charging policies, as they may be updated and amended at the Provider's discretion from time to time. By agreeing to these Terms of Service, you agree that you have been advised, and that you have agreed and understood that any fees charged for the use of the Charging Right of Use, including but not limited to for EV charging, are not based on metered electricity use and that no representation has been made that any meter used to measure electricity use is accredited or otherwise approved in accordance with the Weights and Measures Act, the Electricity and Gas Inspection Act or other applicable law as they may be amended from time to time.

SWTCH Account Balance means the is the amount of remaining payment credits in your SWTCH Account.

Service Fee means the fee that SWTCH charges to the User for booking under the Service, plus applicable tax calculated on the pre-tax value of the Service Fee.

All dollar amounts referred to in these Terms of Service are in Canadian dollars, unless otherwise noted.

Payment Terms of Service

After a Provider provides the Charging Right of Use, SWTCH will collect the Right of Use Fee, the Service Fee and the Network Management Fee from the User's Payment Method. SWTCH may, at its sole discretion, collect an Overstaying Fee from a Community User's (as defined below) Payment Method and via other means of collection as necessary. SWTCH may also, at its sole discretion, collect from the User’s Payment Method a per transaction service fee equal to the sum of 2.9 percent of the Overall Transaction Fee plus 30 cents ($0.30).

The Provider, not SWTCH, is solely responsible for honoring any confirmed bookings and making available the Charging Right of Use. If you, as a User, choose to enter into a transaction with a Provider for the Charging Right of Use, you agree and understand that you will be required to abide by any terms of service, conditions, rules and restrictions associated with such charging space(s) or Charging Right of Use posted in the Listing, at the charging site or as otherwise provided to you by the Provider. You acknowledge and agree that you, and not SWTCH, will be responsible for performing the obligations of any such agreements, that SWTCH is an agent for setting up the Charging Right of Use between you and the Provider and processing payment, not a party to the Charging Right of Use, and that SWTCH (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.

SWTCH may arrange for your SWTCH Account to be automatically topped up by ten dollar ($10) intervals when your SWTCH Account Balance falls below a minimum balance (Autoload) to pay for the Right of Use. This will be done using your Payment Method.

SWTCH may also initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested booking is cancelled by a Provider, any pre-authorization of your Payment Method will be released, if applicable.

Modifications to the Service and Prices

Service Fees are subject to change upon 30 days' notice from SWTCH. Such notice may be provided at any time by posting the changes to the Service website or sending an e-mail to SWTCH Users.

SWTCH shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Overstaying

Users of community parking spaces to which such User has no permanent or ongoing deed, license, lease agreement, right of use or other arrangement in relation to the parking space beyond the Charging Right of Use (Community Users) agree that a confirmed booking is merely a right of use granted by the Provider to the Community User to occupy and use the parking space and EV supply equipment for the limited duration of the confirmed booking and in accordance with the terms of the Charging Right of Use. Community Users further agree to disconnect from any EV supply equipment and leave the parking space(s) no later than the end-time as mutually agreed upon between the Provider and Guest via the Service in accordance with the terms of the Charging Right of Use.

If a User occupies a parking space beyond the end-time agreed upon in the Charging Right of Use, they no longer have a right of use to stay in the parking space and use EV supply equipment and SWTCH or the Provider is entitled to require the User to leave, including by calling local law enforcement or a private parking enforcement service and any expense associated therewith shall be the exclusive responsibility of the Community User. In addition, Community Users agree that SWTCH or the Provider may charge the Community User the Overstaying Fee, in an amount to be determined for each 15-minute period that the Community User occupies the parking space in contravention of the terms of the Charging Right of Use.

Cancellations and Refunds

If you are a User and a Provider cancels your confirmed booking made via the Service, SWTCH (i) will refund to you the Right of Use Fee, the Service Fee and the Network Management Fee for such booking, and (ii) pay you the full value of the Right of Use Fee you would have been charged as a credit that can be used against a subsequent Charging Right of Use.

In certain circumstances, SWTCH may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Service. Users and Providers agree that SWTCH and the relevant User or Provider will not have any liability for such cancellations or refunds.

If the EV charging equipment provided by the Provider malfunctions, or if you are unable to charge for any reason beyond your control, it is your obligation to alert the Provider and seek alternative arrangements from the Provider. As an agent for payment processing, SWTCH does not have the right to unilaterally offer a refund of your Right of Use Fee unless directed to do so by the Provider. If the Provider instructs us to provide a refund of your Right of Use Fee, we may, in our sole discretion, credit your original Payment Method (as defined below) within a reasonable time period (please allow up to 30 business days under normal circumstances) with a refund of your Right of Use Fee and the Service Fee.

Ownership

The Service and all rights therein are and shall remain SWTCH’s property or the property of SWTCH’s licensors. Neither these Terms of Service nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the Charging Right of Use granted under these Terms of Service; or (ii) to use or reference in any manner SWTCH’s company names, logos, product and service names, trademarks or Service marks or those of SWTCH’s licensors.

Licenses

Subject to your compliance with these Terms of Service, SWTCH grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the application and website on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SWTCH and SWTCH’s licensors.

User Content and Intellectual Property

We do not claim any intellectual property rights over the material you provide to the SWTCH service. All material you upload remains yours. You can delete SWTCH at any time by deleting your SWTCH Account, subject to the termination rules in these Terms of Service.

We will not disclose your confidential information to third parties, except as required in the course of providing the Service and in accordance with our privacy policy. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

SWTCH shall have the non-exclusive right and license to use the names, pictures and Profile Content associated with your SWTCH Account to promote the Service.

SWTCH may, in SWTCH’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SWTCH through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (User Content). Any User Content provided by you remains your property. However, by providing User Content to SWTCH, you grant SWTCH a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and SWTCH’s business and on third-party sites and Service), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SWTCH the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor SWTCH’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is false, defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SWTCH in its sole discretion, whether or not such material may be protected by law. SWTCH may, but shall not be obligated to, review, monitor, or remove User Content, at SWTCH’s sole discretion and at any time and for any reason, without notice to you.

SWTCH Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

In the event of a dispute regarding SWTCH Account ownership, we reserve the right to request documentation to determine or confirm SWTCH Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, vehicle registration information, the last four digits of the credit card on file and other identification information.

SWTCH retains the right to determine, in our sole judgment, rightful SWTCH Account ownership and transfer an SWTCH Account to the rightful owner. If we are unable to reasonably determine the rightful SWTCH Account owner, SWTCH reserves the right to temporarily disable an SWTCH Account until resolution has been determined between the disputing parties.

We reserve the right to inspect the charging space at any time to verify any fees due in accordance with these Terms of Service.

Release and Indemnity

By agreeing to these Terms of Service you agree to this release and indemnity (the Release and Indemnity). You agree to voluntarily assume the risks of using the Service. You