Explore our terms & conditions, and privacy policies
Last Updated: August 2024
General Terms
Please take a moment to review our crucial Terms of Service. Creating an EVAI CSMS account (EVAI Account) or using our services implies your agreement to these terms, subject to updates at our discretion. Feel free to reach out if you have any questions.
Service
EVAI offers an application, website, and related media and support to assist parking space providers with electric vehicle (EV) charging capabilities (Providers). This service enables Providers to (i) grant Users, the right to use EV charging facilities and parking spaces for charging their EVs (Charging Right of Use) and (ii) invoice Users based on the terms outlined in these Terms of Service. Collectively the (Service). Any additional features or tools introduced to the Service will also be governed by these Terms of Service.
You recognize that EVAI is not a Provider, landlord, real estate broker, or insurer. EVAI disclaims liability for the conduct of Providers and Users, acting as an agent of the Provider to assign Users the Charging Right of Use.
By accessing or using the Service or its website(s), you confirm that you’ve read, understood, and agree to be bound by these Terms of Service, regardless of your user status. If you disagree, you have no right to access or use the Service, including its website(s).
If you accept these Terms of Service on behalf of a company or legal entity, you affirm that you have the authority to bind them to these terms
The Terms of Service
EVAI reserves the prerogative to revise and modify the Terms of Service, disseminating updates through the Service website. Users are advised to periodically review the Terms for amendments that may affect them. Continued use of the Service subsequent to the posting of any updates constitutes an implicit acceptance of the modified Terms of Service.
Prospective Users are obliged to thoroughly peruse, concur with, and embrace all stipulations articulated in the Terms of Service, including ancillary documents such as EVAI’s Privacy Policy, prior to obtaining User status.
Supplementary Terms of Service may be applicable to specific facets of the Service. Any such supplements will be disclosed to Users and, unless explicitly stated otherwise, shall supersede these Terms of Service in the event of a conflict.
Force majeure events, including but not limited to national emergencies and governmental regulations, may absolve parties from their contractual obligations, with accrued monetary obligations remaining payable.
Both parties affirm that these Terms of Service, inclusive of referenced agreements and policies, represent the entire understanding between them. Each party acknowledges independent due diligence and disclaims reliance on any oral or written agreement.
The Charging Right of Use
By becoming a User of the Service, you acknowledge entering into a binding, revocable, and temporary right-of-use agreement with EVAI, acting as an agent of the Provider. This agreement allows you to utilize the designated charging space and EV charging equipment. The right of use is contingent upon the duration outlined in the session defined by the Provider. You authorize us to act as your agent for accepting the Charging Right of Use and handling payments. It is important to note that we are not a party to the Charging Right of Use; it constitutes a legal relationship exclusively between you and the Provider.
Security and Privacy
You acknowledge that all content, including data, graphics, photos, videos, and links, uploaded under your EVAI Account may be transferred unencrypted, involving transmissions over various networks and devices. Notably, credit card information is always encrypted during transfer.
Furthermore, you recognize and agree that your utilization of the Service, including information transmitted or stored by EVAI, is subject to its privacy policy.
Disputes
The Terms of Service are governed by the laws of the Province of British Columbia and Canada, with exclusive jurisdiction granted to the courts of British Columbia for any disputes. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You recognize that EVAI’s rights and your obligations are unique and irreplaceable. In the event of any breach, EVAI is entitled to injunctive or equitable relief without the obligation of posting a bond. You irrevocably waive the right to seek injunctive relief, agreeing to limit claims to monetary damages, if any.
Disputes will be resolved solely on an individual basis and will not be consolidated with claims or proceedings of any other party.
You agree that the provisions in this section will remain in effect despite any termination of these Terms of Service.
Contact and Notice
You agree that EVAI will primarily communicate with you through the email address you provide during registration for your EVAI Account. It is your responsibility to ensure the email address is current to receive important information and messages from us.
EVAI may from time to time provide notice through a general announcement on the Service, via email to the address in your EVAI Account.
Becoming a User
You must be 18 years of age or older, or at least the age of majority in your jurisdiction, to register for an EVAI Account. By doing so, you confirm the accuracy of this information.
To access and use the Service, you must register for a EVAI Account and provide your valid
full legal name;
email address;
credit card number;
vehicle license plate number;
any other information required during signup.
You acknowledge and agree that we may be required to furnish your complete legal name and vehicle license plate number to Providers for the purpose of enabling them to grant the Charging Right of Use and administer charging enforcement.
Use of the Service and your EVAI Account
You may not use the EVAI 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 British Columbia. 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 EVAI.
You are only allowed to have one EVAI Account, and if we terminate the EVAI Account for any reason, you are not allowed to open another EVAI Account or use another EVAI 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 EVAI 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. EVAI may reject your application for an EVAI Account, or cancel an existing EVAI Account, for any reason, at our sole discretion.
You are responsible for keeping your password secure. EVAI cannot and will not be liable for any loss or damage from your failure to maintain the security of your EVAI Account and password.
You must not transmit any worms or viruses or any code of a destructive nature.
Unless expressly authorized by a specific feature on EVAI, you are not permitted to share your EVAI Account with anyone or allow others to access or use your EVAI Account. You agree that you will take sole responsibility for any activities or actions under your EVAI Account, whether or not you have authorized such activities or actions. You will immediately notify EVAI of any unauthorized use of your EVAI Account. EVAI may, in its sole discretion, enable features that allow other Users to take certain actions associated with your EVAI 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 solely by EVAI, will lead to an immediate termination of the Service and your EVAI Account.
We reserve the right to promptly suspend or terminate these Terms of Service, cease offering, or deny access to the Service, any EVAI Account, or any part thereof, at our discretion and for any reason.
If these Terms are terminated, they remain in force for existing sessions and related matters. You agree to indemnify us for any fees owed. You can cancel the Service anytime by following the provided instructions. Upon termination, settle any outstanding fees with the final invoice, and once paid, the Service will be terminated.
Upon termination of the Service for any reason:
EVAI will cease providing you with the Service and you will no longer be able to access your EVAI Account you will be entitled to refunds for the remaining balance in your EVAI Account minus any outstanding fees. Any outstanding balance owed to EVAI 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 EVAI Account will be taken offline at our sole discretion.
Fraud: Without limiting any other remedies, EVAI may immediately suspend or terminate your EVAI 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 EVAI 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 EVAI Account, but our investigation could take some time.
Email and/or Text Messaging
By creating an EVAI Account, you expressly consent to the Service sending you commercial electronic messages, informational emails, texts (SMS), or other electronic messages as part of the normal business operation of your use of the Service.
Network Access
You are responsible for obtaining the necessary data network access for using the Service. If accessed from a wireless-enabled device, your mobile network’s rates and fees may apply, and you are accountable for these charges. It is your responsibility to procure and update compatible hardware or devices for accessing and using the Service. EVAI does not ensure that the Service will function on any specific hardware or devices. Additionally, the Service may be susceptible to malfunctions and delays inherent in internet and electronic communications.
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.
Processing Fee
Refers to the amount a User is obligated to pay for EVAI’s management of the EV charging network, inclusive of applicable tax.
Total Transaction Fee
Refers to the total amount comprising the Right of Use Fee, the Processing Fee, and, if applicable, the Idle Fee.
Idle Fee
Refers to the amounts that a User is obligated to pay when occupying a parking space beyond a specified time, in violation of the terms of the Charging Right of Use.
Payment Method
Refers to a payment method added to your EVAI Account, including but not limited to credit cards or other payment methods supported by EVAI at various times.
Right of Use Fee
Refers to the amounts payable by a User for the Charging Right of Use, inclusive of applicable tax calculated on the pre-tax value of the Right of Use Fee. These fees are determined by the Provider’s charging policies, subject to updates and amendments at the Provider’s discretion. By accepting these Terms of Service, you acknowledge and understand that fees for the Charging Right of Use, including EV charging, are not based on metered electricity use. No representation is made regarding the accreditation or approval of any meter used to measure electricity use in accordance with the Weights and Measures Act, the Electricity and Gas Inspection Act, or other applicable laws.
EVAI Account Balance
Refers to the remaining balance of payment credits in your EVAI Account.
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, EVAI will collect the Total Transaction Fee which comprises the Right of Use Fee, and the Processing Fee and possibly Idle Fee from the User’s Payment Method.
EVAI may arrange for your EVAI Account to be automatically topped up by your pre-selected amount intervals when your EVAI Account Balance falls below the Autoload amount defined in your EVAI Account to pay for the Right of Use. This will be done using your Payment Method.
EVAI may also initiate a pre-authorization and/or charge a nominal amount to your Payment Method.
Modifications to the Service and Prices
Right of Use Fees are subject to change, and are determined and set by the Provider.
EVAI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Overstaying
The Provider of parking spaces, to which the User has no permanent or ongoing deed, license, lease agreement, or other arrangement beyond the Charging Right of Use, acknowledges that a charging session is a temporary right of use. This right grants the User the privilege to occupy and use the parking space and EV supply equipment within the specified duration outlined in the Charging Right of Use.
Should a User exceed the agreed end-time in the Charging Right of Use, they lose the right of use to remain in the parking space and use the EV supply equipment. In such instances, EVAI or the Provider has the right to request the User’s departure, even involving local law enforcement or private parking enforcement services if necessary. Any associated expenses shall be the sole responsibility of the User. Furthermore, Users acknowledge that EVAI or the Provider may impose the Idle Fee, with the rate agreed upon by the User before the start of the charging session.
Cancellations and Refunds
If a Provider terminates your charging session, as a User, you will only incur the Processing fee and the Right of Use Fee for your charging session. In such event that as the User you exceed the agreed end-time, you may also incur an idle Fee for your charging session.
In the event of malfunctioning EV charging equipment or circumstances preventing charging beyond your control, it is your responsibility to inform the Provider and seek alternative arrangements. As an agent for payment processing, EVAI lacks the unilateral authority to issue a refund of your Right of Use Fee unless directed by the Provider. If instructed by the Provider to refund your Right of Use Fee, EVAI may, at its sole discretion, credit your original Payment Method within a reasonable timeframe, typically 3-5 business days.
Ownership
The Service, along with all associated rights, is and shall remain the property of EVAI or its licensors. These Terms of Service and your use of the Service do not provide or grant you any rights: (i) in or pertaining to the Service, except for the Charging Right of Use as specified in these Terms of Service; or (ii) to use or reference EVAI’s company names, logos, product and service names, trademarks, or service marks, or those of EVAI’s licensors in any manner.
Licenses
Conditional upon your adherence to these Terms of Service, EVAI provides you with a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and utilize the application and website on your personal device exclusively in conjunction with your use of the Service; and (ii) access and utilize any content, information, and associated materials offered through the Service, solely for your personal, non-commercial use. All rights not explicitly granted herein are retained by EVAI and its licensors.
User Content and Intellectual Property
We do not assert any intellectual property rights over the material you submit to the EVAI service. All content you upload remains your property. You have the option to delete EVAI at any time by removing your EVAI Account, subject to the termination rules outlined in these Terms of Service.
We will not disclose your confidential information to third parties, except as necessary in delivering the Service and in compliance with our privacy policy. Confidential information encompasses materials or information provided by you to us that is not publicly known. Confidential information excludes information that: (a) was in the public domain when we received it; (b) becomes public after our receipt without any fault of ours; (c) we received from someone other than you without a breach of confidentiality obligations; or (d) we are legally obligated to disclose.
EVAI’s 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 case of a dispute regarding EVAI Account ownership, we retain the right to request documentation for verifying or confirming EVAI 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 details.
EVAI maintains the right to establish, at our sole discretion, the rightful ownership of an EVAI Account and transfer it to the legitimate owner. If we cannot reasonably ascertain the rightful owner, we may temporarily disable the EVAI Account until resolution is determined between the disputing parties.
Additionally, 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 accepting these Terms of Service, you acknowledge and agree to this release and indemnity (the Release and Indemnity). You willingly assume the risks associated with using the Service, which are broadly defined to include property damage, loss, personal injury, death, and other potential losses. In consideration of being allowed to use the Service, you agree to the following:
By accepting these Terms of Service, you hereby and unconditionally release and forever discharge EVAI its parent company Roughly and its officers, directors, employees, servants, agents, affiliates, successors, and assigns (collectively, Representatives) from any and all claims, actions, suits, charges, proceedings, demands, damages, and liabilities of any nature whatsoever (collectively the Claims). These Claims include but are not limited to those for death, personal injury, damage to or loss of property, and any other loss or injury, including economic loss or consequential damages (collectively Damages). This release encompasses any Damages that may arise directly or indirectly from your use of the Service or the Charging Right of Use.
This release and discharge applies regardless of whether the Damages are occasioned, wholly or in part, by any act or omission of any third party, Provider or one or more of EVAI or its Representatives, whether negligent or grossly negligent or otherwise. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service, and any contact you may have with Providers whether in person or online remains with you. Neither EVAI nor any Representative will be liable for any incidental, special, exemplary or consequential Damages, including lost profits, loss of data or loss of goodwill, property damage, service interruption, computer damage or system failure or the cost of substitute products or services, or for any Damages for personal or bodily injury or emotional distress arising out of or in connection with this release and indemnity, from the use of or inability to use the Service, from any communications, interactions or meetings with Providers or persons with whom you communicate as a result of your use of the Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not EVAI has been informed of the possibility of such damage.
You agree not to make any demands or claims against EVAI or its Representatives, or against anyone else who could make a claim against EVAI or its Representatives for matters covered by this Release and Indemnity. You agree to indemnify and hold harmless EVAI and its Representatives from any claims for damages arising from your use of the Service or the Charging Right of Use, whether caused by the negligence or other acts of EVAI or its Representatives.
If any part of this Release and Indemnity is found invalid by a court, it will not affect the remaining provisions, which will remain enforceable.
Your use of the Service is at your own risk. The Service is provided “as is,” without any warranties, including merchantability, quality, fitness for a particular purpose, or non-infringement. EVAI and its Representatives disclaim any warranty that the Service will be uninterrupted, secure, or error-free. They make no warranty about the quality of parking accommodations, EV charging equipment, Providers, drivers, the Service, or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Service. EVAI makes no warranties regarding the legality of the Service in all jurisdictions.
No advice or information from EVAI or its Representatives creates any warranty not expressly stated here. By agreeing to these Terms of Service, you acknowledge and agree to this Release and Indemnity, understanding its terms. You further agree that this Release and Indemnity binds your heirs, assigns, administrators, executors, legal representatives, next-of-kin, and anyone else who may make a claim for you or on your behalf.
User Conduct
You, as a User, agree:
To be meticulously honest and accurate in creating your EVAI Account and in your interactions with us, Providers, and Users.
Not to create any fraudulent EVAI Account with EVAI or use your EVAI Account for any immoral or illegal activities or purposes, including but not limited to malicious or fraudulent bookings or money laundering.
To ensure the EV supply equipment provided by a Provider is left in the condition it was in upon your arrival.
Not to cause any damage to EV charging equipment, parking spaces, individuals, or property in any manner.
To interact with EVAI and its staff in a professional and courteous manner, ensuring that your conduct does not cause harm or damage to our reputation.
Not to use manual or automated software, devices, scripts, robots, backdoors, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other content contained in the Service.
Not to use the Service for any commercial or other purposes not expressly permitted by these Terms of Service, or in a manner that falsely implies EVAI endorsement, partnership, or otherwise misleads others regarding your affiliation with EVAI.
Not to interfere with or damage the Service, including, but not limited to, using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology.
Not to infringe upon the rights of EVAI or any other person or entity, including, but not limited to, their intellectual property, privacy, publicity, or contractual rights.
Not to interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Not to register for more than one EVAI Account or register for a EVAI Account on behalf of an individual other than yourself.
Not to impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
Not to use automated scripts to collect information from or otherwise interact with the Service.
Not to violate these Terms of Service or EVAI’s then-current policies;
Not to engage in disruptive, circumventive, abusive, or harassing behavior in any area or aspect of our Service.
Not to systematically gather data or other content from the Service, whether through manual methods, the use of bots, crawlers, spiders, or any other means, to create or compile, directly or indirectly, a collection, compilation, database, directory, or similar entity through single or multiple downloads.
Not to use, display, mirror, or frame the Service, or any individual element within the Service, EVAI’s name, any EVAI trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Service, without EVAI’s express written consent.
Not to access, tamper with, or use non-public areas of the Service, EVAI’s computer systems, or the technical delivery systems of EVAI’s providers.
Not to attempt to probe, scan, or test the vulnerability of any EVAI system or network or breach any security or authentication measures.
Not to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EVAI or any of EVAI’s providers or any other third party to protect the Service or Application.
Not to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Application to send altered, deceptive, or false source-identifying information.
Not to attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Application;
Not to advocate, encourage, or assist any third party in doing any of the foregoing;
Not to cause nuisance, annoyance, inconvenience, or property damage to any person while using the Service or in any way related to your use of the Service; and
Not to obscure or alter their license plate or in any way attempt to circumvent EVAI’s ability to determine if User’s car is appropriately parked or removed, as the case may be.
Violations
EVAI reserves the right to investigate and prosecute violations of these Terms of Service to the fullest extent of the law. Additionally, as stipulated in these Terms of Service, EVAI may take various actions against you, including but not limited to removing or disabling access to any or deactivating or canceling your profiles or EVAI Account, for a violation of this section or these Terms of Service.
Collection and Use of Personal Information
In accordance with its Privacy Policy outlined below, EVAI may access, preserve, and disclose any of your information if required by law or if deemed reasonably necessary to: (i) respond to claims asserted against EVAI or comply with legal processes (such as subpoenas or warrants); (ii) enforce or administer agreements with Users, such as these Terms of Service; (iii) for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; (iv) protect the rights, property, or safety of EVAI, its Users, or the public; or (v) with notice, to facilitate any merger, acquisition, reorganization, going-public event, sale of assets, or bankruptcy, insolvency, or any similar event undertaken by EVAI.
You acknowledge that EVAI is not obligated to monitor your use of the Service but has the right to do so for operational and improvement purposes, including fraud prevention, risk assessment, investigation, and customer support. EVAI may also monitor to ensure your compliance with these Terms of Service, applicable laws, or court orders. Additionally, EVAI reserves the right, without prior notice, to remove or disable access to any content that it, at its sole discretion, deems objectionable, violates these Terms of Service, or is otherwise harmful to the Service.
No Endorsement
EVAI does not endorse Providers, and we advise you to exercise caution when choosing to charge with them. We are not liable for any damage or harm arising from your interactions with Providers.
By registering for a EVAI Account, you agree that EVAI may, at its discretion, request a consumer report on you from a consumer reporting agency, and if done, it will be in compliance with applicable law.
Third Party Service
The Service may involve third-party services beyond EVAI’s control. You acknowledge that different terms and privacy policies may apply to these services, and EVAI doesn’t endorse them, nor is it responsible for any products or services provided by third-party providers.
In addition to these Terms of Service, you agree to follow additional service-specific terms from EVAI’s partners or other third parties. EVAI is not liable for any damages or costs resulting from your use of third-party services.
If you enable a third-party service, you grant permission for the provider to access your data. Any interaction between you and the third party is solely your responsibility, and EVAI is not accountable for any data disclosure, modification, or deletion, or corresponding losses.
Feedback
We value your feedback on the Service. You can submit feedback through various channels, and by doing so, you acknowledge that it becomes EVAI’s exclusive property. You irrevocably assign all your rights, including intellectual property rights, to EVAI. If requested, you agree to assist EVAI in acquiring, perfecting, and maintaining legal protections for the feedback.
Linked Content
The Service may contain links to external sites beyond our control. We’re not responsible for their content and don’t make any warranties about them. You can link to our home page as long as it’s fair and legal, but you must not imply an association or endorsement that doesn’t exist. We may request the removal of any links to the Service.
Service
EVAI offers an application, website, and related media and support to assist parking space providers with electric vehicle (EV) charging capabilities (Providers). This service enables Providers to (i) grant Users, the right to use EV charging facilities and parking spaces for charging their EVs (Charging Right of Use) and (ii) invoice Users based on the terms outlined in these Terms of Service. Collectively the (Service). Any additional features or tools introduced to the Service will also be governed by these Terms of Service.
You recognize that EVAI is not a Provider, landlord, real estate broker, or insurer. EVAI disclaims liability for the conduct of Providers and Users, acting as an agent of the Provider to assign Users the Charging Right of Use.
By accessing or using the Service or its website(s), you confirm that you’ve read, understood, and agree to be bound by these Terms of Service, regardless of your user status. If you disagree, you have no right to access or use the Service, including its website(s).
If you accept these Terms of Service on behalf of a company or legal entity, you affirm that you have the authority to bind them to these terms
The Terms of Service
EVAI reserves the prerogative to revise and modify the Terms of Service, disseminating updates through the Service website. Users are advised to periodically review the Terms for amendments that may affect them. Continued use of the Service subsequent to the posting of any updates constitutes an implicit acceptance of the modified Terms of Service.
Prospective Users are obliged to thoroughly peruse, concur with, and embrace all stipulations articulated in the Terms of Service, including ancillary documents such as EVAI’s Privacy Policy, prior to obtaining User status.
Supplementary Terms of Service may be applicable to specific facets of the Service. Any such supplements will be disclosed to Users and, unless explicitly stated otherwise, shall supersede these Terms of Service in the event of a conflict.
Force majeure events, including but not limited to national emergencies and governmental regulations, may absolve parties from their contractual obligations, with accrued monetary obligations remaining payable.
Both parties affirm that these Terms of Service, inclusive of referenced agreements and policies, represent the entire understanding between them. Each party acknowledges independent due diligence and disclaims reliance on any oral or written agreement.
The Charging Right of Use
By becoming a User of the Service, you acknowledge entering into a binding, revocable, and temporary right-of-use agreement with EVAI, acting as an agent of the Provider. This agreement allows you to utilize the designated charging space and EV charging equipment. The right of use is contingent upon the duration outlined in the session defined by the Provider. You authorize us to act as your agent for accepting the Charging Right of Use and handling payments. It is important to note that we are not a party to the Charging Right of Use; it constitutes a legal relationship exclusively between you and the Provider.
Security and Privacy
You acknowledge that all content, including data, graphics, photos, videos, and links, uploaded under your EVAI Account may be transferred unencrypted, involving transmissions over various networks and devices. Notably, credit card information is always encrypted during transfer.
Furthermore, you recognize and agree that your utilization of the Service, including information transmitted or stored by EVAI, is subject to its privacy policy.
Disputes
The Terms of Service are governed by the laws of the Province of British Columbia and Canada, with exclusive jurisdiction granted to the courts of British Columbia for any disputes. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You recognize that EVAI’s rights and your obligations are unique and irreplaceable. In the event of any breach, EVAI is entitled to injunctive or equitable relief without the obligation of posting a bond. You irrevocably waive the right to seek injunctive relief, agreeing to limit claims to monetary damages, if any.
Disputes will be resolved solely on an individual basis and will not be consolidated with claims or proceedings of any other party.
You agree that the provisions in this section will remain in effect despite any termination of these Terms of Service.
Contact and Notice
You agree that EVAI will primarily communicate with you through the email address you provide during registration for your EVAI Account. It is your responsibility to ensure the email address is current to receive important information and messages from us.
EVAI may from time to time provide notice through a general announcement on the Service, via email to the address in your EVAI Account.
Becoming a User
You must be 18 years of age or older, or at least the age of majority in your jurisdiction, to register for an EVAI Account. By doing so, you confirm the accuracy of this information.
To access and use the Service, you must register for a EVAI Account and provide your valid
full legal name;
email address;
credit card number;
vehicle license plate number;
any other information required during signup.
You acknowledge and agree that we may be required to furnish your complete legal name and vehicle license plate number to Providers for the purpose of enabling them to grant the Charging Right of Use and administer charging enforcement.
Use of the Service and your EVAI Account
You may not use the EVAI 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 British Columbia. 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 EVAI.
You are only allowed to have one EVAI Account, and if we terminate the EVAI Account for any reason, you are not allowed to open another EVAI Account or use another EVAI 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 EVAI 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. EVAI may reject your application for an EVAI Account, or cancel an existing EVAI Account, for any reason, at our sole discretion.
You are responsible for keeping your password secure. EVAI cannot and will not be liable for any loss or damage from your failure to maintain the security of your EVAI Account and password.
You must not transmit any worms or viruses or any code of a destructive nature.
Unless expressly authorized by a specific feature on EVAI, you are not permitted to share your EVAI Account with anyone or allow others to access or use your EVAI Account. You agree that you will take sole responsibility for any activities or actions under your EVAI Account, whether or not you have authorized such activities or actions. You will immediately notify EVAI of any unauthorized use of your EVAI Account. EVAI may, in its sole discretion, enable features that allow other Users to take certain actions associated with your EVAI 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 solely by EVAI, will lead to an immediate termination of the Service and your EVAI Account.
We reserve the right to promptly suspend or terminate these Terms of Service, cease offering, or deny access to the Service, any EVAI Account, or any part thereof, at our discretion and for any reason.
If these Terms are terminated, they remain in force for existing sessions and related matters. You agree to indemnify us for any fees owed. You can cancel the Service anytime by following the provided instructions. Upon termination, settle any outstanding fees with the final invoice, and once paid, the Service will be terminated.
Upon termination of the Service for any reason:
EVAI will cease providing you with the Service and you will no longer be able to access your EVAI Account you will be entitled to refunds for the remaining balance in your EVAI Account minus any outstanding fees. Any outstanding balance owed to EVAI 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 EVAI Account will be taken offline at our sole discretion.
Fraud: Without limiting any other remedies, EVAI may immediately suspend or terminate your EVAI 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 EVAI 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 EVAI Account, but our investigation could take some time.
Email and/or Text Messaging
By creating an EVAI Account, you expressly consent to the Service sending you commercial electronic messages, informational emails, texts (SMS), or other electronic messages as part of the normal business operation of your use of the Service.
Network Access
You are responsible for obtaining the necessary data network access for using the Service. If accessed from a wireless-enabled device, your mobile network’s rates and fees may apply, and you are accountable for these charges. It is your responsibility to procure and update compatible hardware or devices for accessing and using the Service. EVAI does not ensure that the Service will function on any specific hardware or devices. Additionally, the Service may be susceptible to malfunctions and delays inherent in internet and electronic communications.
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.
Processing Fee
Refers to the amount a User is obligated to pay for EVAI’s management of the EV charging network, inclusive of applicable tax.
Total Transaction Fee
Refers to the total amount comprising the Right of Use Fee, the Processing Fee, and, if applicable, the Idle Fee.
Idle Fee
Refers to the amounts that a User is obligated to pay when occupying a parking space beyond a specified time, in violation of the terms of the Charging Right of Use.
Payment Method
Refers to a payment method added to your EVAI Account, including but not limited to credit cards or other payment methods supported by EVAI at various times.
Right of Use Fee
Refers to the amounts payable by a User for the Charging Right of Use, inclusive of applicable tax calculated on the pre-tax value of the Right of Use Fee. These fees are determined by the Provider’s charging policies, subject to updates and amendments at the Provider’s discretion. By accepting these Terms of Service, you acknowledge and understand that fees for the Charging Right of Use, including EV charging, are not based on metered electricity use. No representation is made regarding the accreditation or approval of any meter used to measure electricity use in accordance with the Weights and Measures Act, the Electricity and Gas Inspection Act, or other applicable laws.
EVAI Account Balance
Refers to the remaining balance of payment credits in your EVAI Account.
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, EVAI will collect the Total Transaction Fee which comprises the Right of Use Fee, and the Processing Fee and possibly Idle Fee from the User’s Payment Method.
EVAI may arrange for your EVAI Account to be automatically topped up by your pre-selected amount intervals when your EVAI Account Balance falls below the Autoload amount defined in your EVAI Account to pay for the Right of Use. This will be done using your Payment Method.
EVAI may also initiate a pre-authorization and/or charge a nominal amount to your Payment Method.
Modifications to the Service and Prices
Right of Use Fees are subject to change, and are determined and set by the Provider.
EVAI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Overstaying
The Provider of parking spaces, to which the User has no permanent or ongoing deed, license, lease agreement, or other arrangement beyond the Charging Right of Use, acknowledges that a charging session is a temporary right of use. This right grants the User the privilege to occupy and use the parking space and EV supply equipment within the specified duration outlined in the Charging Right of Use.
Should a User exceed the agreed end-time in the Charging Right of Use, they lose the right of use to remain in the parking space and use the EV supply equipment. In such instances, EVAI or the Provider has the right to request the User’s departure, even involving local law enforcement or private parking enforcement services if necessary. Any associated expenses shall be the sole responsibility of the User. Furthermore, Users acknowledge that EVAI or the Provider may impose the Idle Fee, with the rate agreed upon by the User before the start of the charging session.
Cancellations and Refunds
If a Provider terminates your charging session, as a User, you will only incur the Processing fee and the Right of Use Fee for your charging session. In such event that as the User you exceed the agreed end-time, you may also incur an idle Fee for your charging session.
In the event of malfunctioning EV charging equipment or circumstances preventing charging beyond your control, it is your responsibility to inform the Provider and seek alternative arrangements. As an agent for payment processing, EVAI lacks the unilateral authority to issue a refund of your Right of Use Fee unless directed by the Provider. If instructed by the Provider to refund your Right of Use Fee, EVAI may, at its sole discretion, credit your original Payment Method within a reasonable timeframe, typically 3-5 business days.
Ownership
The Service, along with all associated rights, is and shall remain the property of EVAI or its licensors. These Terms of Service and your use of the Service do not provide or grant you any rights: (i) in or pertaining to the Service, except for the Charging Right of Use as specified in these Terms of Service; or (ii) to use or reference EVAI’s company names, logos, product and service names, trademarks, or service marks, or those of EVAI’s licensors in any manner.
Licenses
Conditional upon your adherence to these Terms of Service, EVAI provides you with a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and utilize the application and website on your personal device exclusively in conjunction with your use of the Service; and (ii) access and utilize any content, information, and associated materials offered through the Service, solely for your personal, non-commercial use. All rights not explicitly granted herein are retained by EVAI and its licensors.
User Content and Intellectual Property
We do not assert any intellectual property rights over the material you submit to the EVAI service. All content you upload remains your property. You have the option to delete EVAI at any time by removing your EVAI Account, subject to the termination rules outlined in these Terms of Service.
We will not disclose your confidential information to third parties, except as necessary in delivering the Service and in compliance with our privacy policy. Confidential information encompasses materials or information provided by you to us that is not publicly known. Confidential information excludes information that: (a) was in the public domain when we received it; (b) becomes public after our receipt without any fault of ours; (c) we received from someone other than you without a breach of confidentiality obligations; or (d) we are legally obligated to disclose.
EVAI’s 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 case of a dispute regarding EVAI Account ownership, we retain the right to request documentation for verifying or confirming EVAI 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 details.
EVAI maintains the right to establish, at our sole discretion, the rightful ownership of an EVAI Account and transfer it to the legitimate owner. If we cannot reasonably ascertain the rightful owner, we may temporarily disable the EVAI Account until resolution is determined between the disputing parties.
Additionally, 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 accepting these Terms of Service, you acknowledge and agree to this release and indemnity (the Release and Indemnity). You willingly assume the risks associated with using the Service, which are broadly defined to include property damage, loss, personal injury, death, and other potential losses. In consideration of being allowed to use the Service, you agree to the following:
By accepting these Terms of Service, you hereby and unconditionally release and forever discharge EVAI its parent company Roughly and its officers, directors, employees, servants, agents, affiliates, successors, and assigns (collectively, Representatives) from any and all claims, actions, suits, charges, proceedings, demands, damages, and liabilities of any nature whatsoever (collectively the Claims). These Claims include but are not limited to those for death, personal injury, damage to or loss of property, and any other loss or injury, including economic loss or consequential damages (collectively Damages). This release encompasses any Damages that may arise directly or indirectly from your use of the Service or the Charging Right of Use.
This release and discharge applies regardless of whether the Damages are occasioned, wholly or in part, by any act or omission of any third party, Provider or one or more of EVAI or its Representatives, whether negligent or grossly negligent or otherwise. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service, and any contact you may have with Providers whether in person or online remains with you. Neither EVAI nor any Representative will be liable for any incidental, special, exemplary or consequential Damages, including lost profits, loss of data or loss of goodwill, property damage, service interruption, computer damage or system failure or the cost of substitute products or services, or for any Damages for personal or bodily injury or emotional distress arising out of or in connection with this release and indemnity, from the use of or inability to use the Service, from any communications, interactions or meetings with Providers or persons with whom you communicate as a result of your use of the Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not EVAI has been informed of the possibility of such damage.
You agree not to make any demands or claims against EVAI or its Representatives, or against anyone else who could make a claim against EVAI or its Representatives for matters covered by this Release and Indemnity. You agree to indemnify and hold harmless EVAI and its Representatives from any claims for damages arising from your use of the Service or the Charging Right of Use, whether caused by the negligence or other acts of EVAI or its Representatives.
If any part of this Release and Indemnity is found invalid by a court, it will not affect the remaining provisions, which will remain enforceable.
Your use of the Service is at your own risk. The Service is provided “as is,” without any warranties, including merchantability, quality, fitness for a particular purpose, or non-infringement. EVAI and its Representatives disclaim any warranty that the Service will be uninterrupted, secure, or error-free. They make no warranty about the quality of parking accommodations, EV charging equipment, Providers, drivers, the Service, or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Service. EVAI makes no warranties regarding the legality of the Service in all jurisdictions.
No advice or information from EVAI or its Representatives creates any warranty not expressly stated here. By agreeing to these Terms of Service, you acknowledge and agree to this Release and Indemnity, understanding its terms. You further agree that this Release and Indemnity binds your heirs, assigns, administrators, executors, legal representatives, next-of-kin, and anyone else who may make a claim for you or on your behalf.
User Conduct
You, as a User, agree:
To be meticulously honest and accurate in creating your EVAI Account and in your interactions with us, Providers, and Users.
Not to create any fraudulent EVAI Account with EVAI or use your EVAI Account for any immoral or illegal activities or purposes, including but not limited to malicious or fraudulent bookings or money laundering.
To ensure the EV supply equipment provided by a Provider is left in the condition it was in upon your arrival.
Not to cause any damage to EV charging equipment, parking spaces, individuals, or property in any manner.
To interact with EVAI and its staff in a professional and courteous manner, ensuring that your conduct does not cause harm or damage to our reputation.
Not to use manual or automated software, devices, scripts, robots, backdoors, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other content contained in the Service.
Not to use the Service for any commercial or other purposes not expressly permitted by these Terms of Service, or in a manner that falsely implies EVAI endorsement, partnership, or otherwise misleads others regarding your affiliation with EVAI.
Not to interfere with or damage the Service, including, but not limited to, using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology.
Not to infringe upon the rights of EVAI or any other person or entity, including, but not limited to, their intellectual property, privacy, publicity, or contractual rights.
Not to interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Not to register for more than one EVAI Account or register for a EVAI Account on behalf of an individual other than yourself.
Not to impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
Not to use automated scripts to collect information from or otherwise interact with the Service.
Not to violate these Terms of Service or EVAI’s then-current policies;
Not to engage in disruptive, circumventive, abusive, or harassing behavior in any area or aspect of our Service.
Not to systematically gather data or other content from the Service, whether through manual methods, the use of bots, crawlers, spiders, or any other means, to create or compile, directly or indirectly, a collection, compilation, database, directory, or similar entity through single or multiple downloads.
Not to use, display, mirror, or frame the Service, or any individual element within the Service, EVAI’s name, any EVAI trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Service, without EVAI’s express written consent.
Not to access, tamper with, or use non-public areas of the Service, EVAI’s computer systems, or the technical delivery systems of EVAI’s providers.
Not to attempt to probe, scan, or test the vulnerability of any EVAI system or network or breach any security or authentication measures.
Not to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EVAI or any of EVAI’s providers or any other third party to protect the Service or Application.
Not to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Application to send altered, deceptive, or false source-identifying information.
Not to attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Application;
Not to advocate, encourage, or assist any third party in doing any of the foregoing;
Not to cause nuisance, annoyance, inconvenience, or property damage to any person while using the Service or in any way related to your use of the Service; and
Not to obscure or alter their license plate or in any way attempt to circumvent EVAI’s ability to determine if User’s car is appropriately parked or removed, as the case may be.
Violations
EVAI reserves the right to investigate and prosecute violations of these Terms of Service to the fullest extent of the law. Additionally, as stipulated in these Terms of Service, EVAI may take various actions against you, including but not limited to removing or disabling access to any or deactivating or canceling your profiles or EVAI Account, for a violation of this section or these Terms of Service.
Collection and Use of Personal Information
In accordance with its Privacy Policy outlined below, EVAI may access, preserve, and disclose any of your information if required by law or if deemed reasonably necessary to: (i) respond to claims asserted against EVAI or comply with legal processes (such as subpoenas or warrants); (ii) enforce or administer agreements with Users, such as these Terms of Service; (iii) for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; (iv) protect the rights, property, or safety of EVAI, its Users, or the public; or (v) with notice, to facilitate any merger, acquisition, reorganization, going-public event, sale of assets, or bankruptcy, insolvency, or any similar event undertaken by EVAI.
You acknowledge that EVAI is not obligated to monitor your use of the Service but has the right to do so for operational and improvement purposes, including fraud prevention, risk assessment, investigation, and customer support. EVAI may also monitor to ensure your compliance with these Terms of Service, applicable laws, or court orders. Additionally, EVAI reserves the right, without prior notice, to remove or disable access to any content that it, at its sole discretion, deems objectionable, violates these Terms of Service, or is otherwise harmful to the Service.
No Endorsement
EVAI does not endorse Providers, and we advise you to exercise caution when choosing to charge with them. We are not liable for any damage or harm arising from your interactions with Providers.
By registering for a EVAI Account, you agree that EVAI may, at its discretion, request a consumer report on you from a consumer reporting agency, and if done, it will be in compliance with applicable law.
Third Party Service
The Service may involve third-party services beyond EVAI’s control. You acknowledge that different terms and privacy policies may apply to these services, and EVAI doesn’t endorse them, nor is it responsible for any products or services provided by third-party providers.
In addition to these Terms of Service, you agree to follow additional service-specific terms from EVAI’s partners or other third parties. EVAI is not liable for any damages or costs resulting from your use of third-party services.
If you enable a third-party service, you grant permission for the provider to access your data. Any interaction between you and the third party is solely your responsibility, and EVAI is not accountable for any data disclosure, modification, or deletion, or corresponding losses.
Feedback
We value your feedback on the Service. You can submit feedback through various channels, and by doing so, you acknowledge that it becomes EVAI’s exclusive property. You irrevocably assign all your rights, including intellectual property rights, to EVAI. If requested, you agree to assist EVAI in acquiring, perfecting, and maintaining legal protections for the feedback.
Linked Content
The Service may contain links to external sites beyond our control. We’re not responsible for their content and don’t make any warranties about them. You can link to our home page as long as it’s fair and legal, but you must not imply an association or endorsement that doesn’t exist. We may request the removal of any links to the Service.
Privacy Policy
Privacy Policy
EVAI will process all Personal Information in compliance with this Policy and the Personal Information Protection Act (PIPA) [SBC 2003] CHAPTER 63
Privacy Policy application
This Policy is applicable to both the EVAI Website and the EVAI CSMS. However, it does not extend to any website, product, or service offered by third-party companies, even if there are links to or from our Website. EVAI does not manage or oversee the operations of these external websites, products, or services. It is advisable to review the privacy practices of such companies before deciding to share any information (refer to Third Parties, for further details).
By utilizing our Website or CSMS platform, you express your consent to and acceptance of the practices outlined in this Policy. If you disagree with this Policy, please clear all cookies from your internet browser cache after visiting our Website and refrain from accessing or using our Website or CSMS platform. Your ongoing use of our Website or CSMS platform implies your acknowledgment and acceptance of this Policy.
Information collection and use
We gather information through various channels: (1) directly from you, (2) through verification sources like online payment platforms and banks, (3) via License Plate Data collected by our cameras, and (4) through website “cookies” stored on your computer. The nature of the information collected and its purpose depends on whether you are a Visitor, Accounts, or Provider, as explained below. This data collection aids EVAI in managing the Website and CSMS platform, assisting Providers in delivering parking and billing services, and promoting our services.
Personal Information
The term “Personal Information,” as used in this Policy, refers to data that can identify a specific person, their vehicle, or any anonymous information (e.g., IP Address) linked to a specific person’s internet account. Personal information excludes aggregated anonymous information that can no longer reasonably be associated with a specific person.
You have the right to access your Personal Information.
We commit to maintaining the accuracy, completeness, and currency of your Personal Information based on the details you provide. If you request access to your Personal Information, we will disclose its existence, use, and disclosure as permitted by law, granting you access to that information. We will seek your consent before using your Personal Information for any purpose not outlined in this Privacy Policy.
License Plate Data
License Plate Data means the information on a license plate captured by an accountless EV charger activation system. The License Plate Data we collect serves the primary purpose of displaying license plate information to the Guest, the Provider, the Provider’s parking enforcement service and a record for us incase of disputes.
Cookies
In line with standard commercial marketplace practices, we utilize cookies and similar technologies to collect non-personally-identifiable information from our Website. Cookies, a feature of web browser software, enable web servers to recognize the computer accessing a website. Information obtained through cookies includes the date and time of visits, pages viewed, IP addresses, links to/from any page, and time spent at a site. We analyze cookie data to assess web traffic, enhance Website functionality, detect potential fraudulent activity, and gain insights into traffic and transactions. You have the option to disable cookies, though this may impact your ability to use our Website fully.
Web Server Logs
Web Server Log files are used to monitor, measure, analyze, improve, and troubleshoot our Website. The information may include the time and date of your visit to our website, pages viewed, links clicked and other non-personally identifying information.
Visitors to our website
You are not required to provide any Personal Information to simply browse our Website. However, we may collect non-personally-identifiable information, as described above, for the sole purpose of monitoring and improving our Website. This information will not be shared with third parties, except as necessary for providing our Website and CSMS platform, and will not be used to target advertisements to you.
Accounts
When you register for an EVAI account, we collect Personal Information that you voluntarily provide, including but not limited to your name, company name, location, email address, phone number, and account password to set up your account. We also gather information on your IP addresses, devices, and locations used to access EVAI, linking them to your account for fraud detection and prevention. Additionally, we may offer the option to collect information required for parking, such as your vehicle license plate details, to streamline the parking process. With your consent, we may collect additional Personal Information through emails, surveys, and other communications. As you use the Service through your EVAI account, we maintain records of your transactions and collect information about other activities related to EVAI.
As an EVAI anonymous system user, when you use the service, we collect and store your mobile phone number and license plate number. This information is used to facilitate transactions on our Website and CSMS platform following our Terms of Service. Contact information (excluding card details) may be shared with merchants as part of your transaction. We do not disclose this information to other third parties unless necessary for providing services for our Website and CSMS platform. Refer to section 7 for details on how third-party services handle your information.
Device Information
We may gather details about your mobile device, such as hardware model, operating system, software versions, language preference, unique device identifier, advertising identifiers, serial number, motion information, and mobile network.
Children’s Online Privacy Protection Act
Our Website and CSMS platform are intended for individuals aged 18 or older. We do not knowingly collect information from children under 13 or have reason to believe they are accessing our services. If we discover an unintentional collection of Personal Information from a child under 13, we will promptly delete it.
Sharing and disclosure of information
EVAI does not sell or rent your Personal Information to marketers or third parties. We may share it with trusted third parties integral to our service, such as financial institutions, payment processors, verification services, credit bureaus, Providers, and their authorized personnel. Your information may be stored on servers outside our direct control, co-located with Providers. If you use EVAI Connect to access third-party services, you authorize them to access your EVAI account, and we may share payment transaction data with them. Third-party use of your information is governed by their privacy policies.
In the event of a merger, acquisition, or similar event, EVAI may sell, transfer, or share some or all assets, including your Personal Information. You will be notified before such a transfer, and your information will be subject to the acquiring entity’s privacy policy.
Data retention
We are obligated to collect essential Personal Information for identity verification and compliance purposes. While optional fields enhance your EVAI experience, non-provision may limit your access. You can update your account information at any time. Opt-out links are provided in promotional emails; however, essential account-related communications will persist. Retention is necessary for transaction processing, fraud detection, legal compliance, and tax purposes. Even after account closure, specific information is retained per our data retention policy. We aim to delete or anonymize non-essential personal information promptly.
Information protection
While no transmission is entirely risk-free, we implement reasonable measures to safeguard Personal Information from misuse, loss, or unauthorized access. Limited access is granted to authorized employees. Industry-standard SSL encryption secures the registration and sign-up process. Additional safeguards include data encryption, IP whitelisting, firewalls, and physical access controls to enhance overall security.
Changes and notifications
We retain the right to modify this Policy at our discretion. Regularly check for updates, as we will communicate changes through posts on our Website or emails to your account. Your agreement to any modifications is crucial. Failure to agree with the updated policy will result in discontinuation of our services, requiring you to cease accessing the Website and CSMS platform and deactivate your EVAI account.
Third Parties
EVAI utilizes third-party platforms, such as Stripe Inc., to store data on your site interactions. The terms of use and privacy policies of these services are governed by their respective agreements, as detailed below. Your data will not be submitted to any third parties not specified in this agreement without your explicit permission.
We employ the services of Stripe Inc., a third-party payment platform, to manage payment transactions on EVAI. To facilitate this, you are required to provide payment information to Stripe Inc., and payments are processed through their platform on our behalf. For detailed information about Stripe’s privacy practices, please refer to https://stripe.com/privacy.
Stripe’s services are subject to the terms of use outlined in their agreement, available at https://stripe.com/checkout/terms.
Unlawful activities
We retain the right to collaborate with local, provincial, national, and international authorities for investigations into improper or unlawful activities, which may involve disclosing personal information. Additionally, we may report instances of improper or unlawful user activities on the Website or CSMS platform to other organizations, and such reporting may entail the disclosure of personal information related to individuals engaged in such activities.
EVAI will process all Personal Information in compliance with this Policy and the Personal Information Protection Act (PIPA) [SBC 2003] CHAPTER 63
Privacy Policy application
This Policy is applicable to both the EVAI Website and the EVAI CSMS. However, it does not extend to any website, product, or service offered by third-party companies, even if there are links to or from our Website. EVAI does not manage or oversee the operations of these external websites, products, or services. It is advisable to review the privacy practices of such companies before deciding to share any information (refer to Third Parties, for further details).
By utilizing our Website or CSMS platform, you express your consent to and acceptance of the practices outlined in this Policy. If you disagree with this Policy, please clear all cookies from your internet browser cache after visiting our Website and refrain from accessing or using our Website or CSMS platform. Your ongoing use of our Website or CSMS platform implies your acknowledgment and acceptance of this Policy.
Information collection and use
We gather information through various channels: (1) directly from you, (2) through verification sources like online payment platforms and banks, (3) via License Plate Data collected by our cameras, and (4) through website “cookies” stored on your computer. The nature of the information collected and its purpose depends on whether you are a Visitor, Accounts, or Provider, as explained below. This data collection aids EVAI in managing the Website and CSMS platform, assisting Providers in delivering parking and billing services, and promoting our services.
Personal Information
The term “Personal Information,” as used in this Policy, refers to data that can identify a specific person, their vehicle, or any anonymous information (e.g., IP Address) linked to a specific person’s internet account. Personal information excludes aggregated anonymous information that can no longer reasonably be associated with a specific person.
You have the right to access your Personal Information.
We commit to maintaining the accuracy, completeness, and currency of your Personal Information based on the details you provide. If you request access to your Personal Information, we will disclose its existence, use, and disclosure as permitted by law, granting you access to that information. We will seek your consent before using your Personal Information for any purpose not outlined in this Privacy Policy.
License Plate Data
License Plate Data means the information on a license plate captured by an accountless EV charger activation system. The License Plate Data we collect serves the primary purpose of displaying license plate information to the Guest, the Provider, the Provider’s parking enforcement service and a record for us incase of disputes.
Cookies
In line with standard commercial marketplace practices, we utilize cookies and similar technologies to collect non-personally-identifiable information from our Website. Cookies, a feature of web browser software, enable web servers to recognize the computer accessing a website. Information obtained through cookies includes the date and time of visits, pages viewed, IP addresses, links to/from any page, and time spent at a site. We analyze cookie data to assess web traffic, enhance Website functionality, detect potential fraudulent activity, and gain insights into traffic and transactions. You have the option to disable cookies, though this may impact your ability to use our Website fully.
Web Server Logs
Web Server Log files are used to monitor, measure, analyze, improve, and troubleshoot our Website. The information may include the time and date of your visit to our website, pages viewed, links clicked and other non-personally identifying information.
Visitors to our website
You are not required to provide any Personal Information to simply browse our Website. However, we may collect non-personally-identifiable information, as described above, for the sole purpose of monitoring and improving our Website. This information will not be shared with third parties, except as necessary for providing our Website and CSMS platform, and will not be used to target advertisements to you.
Accounts
When you register for an EVAI account, we collect Personal Information that you voluntarily provide, including but not limited to your name, company name, location, email address, phone number, and account password to set up your account. We also gather information on your IP addresses, devices, and locations used to access EVAI, linking them to your account for fraud detection and prevention. Additionally, we may offer the option to collect information required for parking, such as your vehicle license plate details, to streamline the parking process. With your consent, we may collect additional Personal Information through emails, surveys, and other communications. As you use the Service through your EVAI account, we maintain records of your transactions and collect information about other activities related to EVAI.
As an EVAI anonymous system user, when you use the service, we collect and store your mobile phone number and license plate number. This information is used to facilitate transactions on our Website and CSMS platform following our Terms of Service. Contact information (excluding card details) may be shared with merchants as part of your transaction. We do not disclose this information to other third parties unless necessary for providing services for our Website and CSMS platform. Refer to section 7 for details on how third-party services handle your information.
Device Information
We may gather details about your mobile device, such as hardware model, operating system, software versions, language preference, unique device identifier, advertising identifiers, serial number, motion information, and mobile network.
Children’s Online Privacy Protection Act
Our Website and CSMS platform are intended for individuals aged 18 or older. We do not knowingly collect information from children under 13 or have reason to believe they are accessing our services. If we discover an unintentional collection of Personal Information from a child under 13, we will promptly delete it.
Sharing and disclosure of information
EVAI does not sell or rent your Personal Information to marketers or third parties. We may share it with trusted third parties integral to our service, such as financial institutions, payment processors, verification services, credit bureaus, Providers, and their authorized personnel. Your information may be stored on servers outside our direct control, co-located with Providers. If you use EVAI Connect to access third-party services, you authorize them to access your EVAI account, and we may share payment transaction data with them. Third-party use of your information is governed by their privacy policies.
In the event of a merger, acquisition, or similar event, EVAI may sell, transfer, or share some or all assets, including your Personal Information. You will be notified before such a transfer, and your information will be subject to the acquiring entity’s privacy policy.
Data retention
We are obligated to collect essential Personal Information for identity verification and compliance purposes. While optional fields enhance your EVAI experience, non-provision may limit your access. You can update your account information at any time. Opt-out links are provided in promotional emails; however, essential account-related communications will persist. Retention is necessary for transaction processing, fraud detection, legal compliance, and tax purposes. Even after account closure, specific information is retained per our data retention policy. We aim to delete or anonymize non-essential personal information promptly.
Information protection
While no transmission is entirely risk-free, we implement reasonable measures to safeguard Personal Information from misuse, loss, or unauthorized access. Limited access is granted to authorized employees. Industry-standard SSL encryption secures the registration and sign-up process. Additional safeguards include data encryption, IP whitelisting, firewalls, and physical access controls to enhance overall security.
Changes and notifications
We retain the right to modify this Policy at our discretion. Regularly check for updates, as we will communicate changes through posts on our Website or emails to your account. Your agreement to any modifications is crucial. Failure to agree with the updated policy will result in discontinuation of our services, requiring you to cease accessing the Website and CSMS platform and deactivate your EVAI account.
Third Parties
EVAI utilizes third-party platforms, such as Stripe Inc., to store data on your site interactions. The terms of use and privacy policies of these services are governed by their respective agreements, as detailed below. Your data will not be submitted to any third parties not specified in this agreement without your explicit permission.
We employ the services of Stripe Inc., a third-party payment platform, to manage payment transactions on EVAI. To facilitate this, you are required to provide payment information to Stripe Inc., and payments are processed through their platform on our behalf. For detailed information about Stripe’s privacy practices, please refer to https://stripe.com/privacy.
Stripe’s services are subject to the terms of use outlined in their agreement, available at https://stripe.com/checkout/terms.
Unlawful activities
We retain the right to collaborate with local, provincial, national, and international authorities for investigations into improper or unlawful activities, which may involve disclosing personal information. Additionally, we may report instances of improper or unlawful user activities on the Website or CSMS platform to other organizations, and such reporting may entail the disclosure of personal information related to individuals engaged in such activities.