Terms of Use

EVOxCharge Inc. (‘Us’ or ‘We’ or ‘EVOx’) provides the EVOxCharge Application (“App”) to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the ‘Terms’ or “Terms and Conditions”), as well as any other written agreement between us and you.

In addition, when using particular service/s on this App, Users shall be subject to any posted rules applicable to such services that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.

We expressly reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this App and these Terms from time to time and to familiarize yourself with any modifications.

Your continued use of this App after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.

We reserve the sole right to either modify or discontinue the App, including any of the App’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this App shall also be subject to these Terms.

Definitions

For the purposes of these Terms and Conditions of Use:

● Application or App means the software program provided by the Company downloaded by You on any electronic device, named EVOxCharge

● Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

● Affiliate means an entity that controls, is controlled by or is under common control with a party, where ‘control’ means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

● Country refers to: Philippines

● Company (referred to as either ‘the Company’, ‘We’, ‘Us’ or ‘Our’ in this Agreement) refers to EVOxCharge Inc. with office address at TDG In Hub Building, AFP-RSBS Industrial Park, East Service Road, Western Bicutan, Taguig City.

● Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

● Electric Vehicles or EV means a vehicle that can be powered by an electric motor that draws electricity from a battery an is capable of being charged from an external source.

● Electric Vehicle Charging Stations means an equipment that connects an electric vehicle (EV) to a source of electricity to recharge electric cars, neighborhood electric vehicles and plug-in hybrids.

● Service refers to the Application or the Website or both.

● Terms and Conditions (also referred as ‘Terms’) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.

● Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

● Website refers to EVOxCharge website’s accessible from

● You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Services

The following Services shall be provided to you in the App, in particular, but not limited to:

● EVOxCharge Mobile App

● EVOxCharge web platform app;

● Collection of fees on behalf of owners of the enabled EV charging stations

User Obligations

As User, you agree to:

● Pay fees incurred by using the App for access to EVOx enabled EV charging stations.

● Pay fees associated charged by the site owner.

● Promptly review your session invoices and notify us of any issues within 4 weeks or the fees will be deemed valid.

● Use the App in accordance with these Terms along with any additional instructions provided by us.

Obey all applicable laws and regulations associated with the location where the EV enabled charging station is located.

Do not share your App user details with any other third party, and keep your login information and payment information secret at all times. If you find that your login credentials have been compromised you promise to contact us immediately.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

Credit Card Information, Fees and Charges

You may create a EVOx account without providing credit card information. If you do not provide credit card information, you will be prompted to provide that information when you attempt to access a EVOx enabled EV charging station that requires payment. In any event, your credit card will not be charged until the first time you use the App at a EVOx enabled EV charging station that requires payment.

We may close your account after giving notice pursuant to any applicable statutory provisions and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at the Compant’ sole option, all reasonable necessary fees, costs or other expenses (including, without limitation, statutory lawyers’ fees (if any) incurred by EVOx in connection with its collection efforts.

Returns and Refunds:

Electricity & Service Fee: If a charging session is interrupted due to technical issues or station malfunctions, unused fees will be refunded via load payment credit that user can use for charging EVs in the next session. If there are additional concerns, users may contact our customer support within 24 hours of the incident, providing details such as the charging station location, session time, and nature of the interruption.

‘AS IS’ and ‘AS AVAILABLE’ Disclaimer

The Services provided to you ‘AS IS’ and ‘AS AVAILABLE’ and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no liability and/or responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not in any way be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Intellectual Property

All custom graphics, icons, logos, and service names used on the App are registered trademarks, service marks, and/or artwork held under copyright of EVOx or its Affiliates. All other marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of EVOx or its Affiliates.

We reserve the property rights and other rights over this App including the intellectual property rights and exclusivity over the services provided via this App. Unless the law specifies otherwise, you cannot unduly use, modify, replicate, print, display, reproduce, disseminate, publish, disassemble for translation, or engage in reverse engineering of this App in any part.

Termination

We reserve our right terminate or suspend your access to application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions Upon termination, your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or if you have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Contact Us

If you have any questions about these Terms and Conditions, our dedicated customer support team is available to assist you. You can reach out to us through our email at support@evoxcharge.ph or visit our website to access our support resources.

At EVOx, our commitment to enhancing your EV charging experience extends to all aspects of our services. Your satisfaction and trust in our platform are of utmost importance to us.

We appreciate your choice to use EVOx for your EV charging needs and look forward to providing you with a seamless and enjoyable experience.