Opening of Account:
In order to benefit from the Services, you must download the App on your smart device, follow the instructions and provide all required information in order to create your account (the “Account”) and allow Watt Mobilities to provide you with the Services. You should provide personal information requested by Watt Mobilities in order to create the Account. You hereby allow Watt Mobilities to collect your personal information and your precise geolocation in accordance with its Privacy Policy. Watt Mobilities may send you informational and marketing text messages unless you choose not to receive such messages.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Watt Mobilities in writing, you may only possess one Account.
Geolocation:
You agree to allow Watt Mobilities to collect your precise geolocation. We collect this geolocation for the purpose of providing you with the Services and improving your user experience – such as reminding you to request a fill. You may disable your geolocation but be advised this may impact our provision of the Services to you.
User Conduct:
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.
In certain areas and/or countries, and with certain Charging products, Watt Mobilities’s mobile Charging service may only be used when there is an emergency Charging need. In addition, in certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity.
Network Access & Devices:
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Watt Mobilities does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
You may only access the Services by using authorized means. Watt Mobilities reserves the right to terminate this Agreement if you use the Services with an unauthorized device.
License:
Subject to your compliance with this Agreement, Watt Mobilities grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
* access and use the Services on your personal mobile device or computer solely in connection with your personal and non-commercial use of the Services; and
* access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and non-commercial use. Any rights not expressly granted herein are hereby reserved by Watt Mobilities and Watt Mobilities’s licensors.
Third Party Services & Content:
The Website and/or the App may contain advertisements or links to third parties’ websites. The Services may be made available or accessed in connection with third party services providers and content (including advertising) that Watt Mobilities does not control. You acknowledge and agree to their terms and conditions or terms of use and privacy policies or any other policies or cookies that may apply to your use of such third-party services and content that might differ from this Agreement. Watt Mobilities will not be responsible or liable for any products or services of such third-party service providers, for any acts or omissions of any advertiser, etc. Such third-party service providers shall be solely and fully responsible for their third-party services or products provided through the Platform.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation are third-party beneficiaries. If you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or any mobile devices, respectively by these third parties’ beneficiaries, you must abide by their terms as set forth in the terms of use/service of their applications. These third-party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to our Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of use/service. You agree to comply with any applicable third-party terms when using our Services.
Ownership:
The Services and all rights therein are and shall remain Watt Mobilities’s property or the property of Watt Mobilities’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:
* in or related to the Services except for the limited license granted above; or
* to use or reference in any manner Watt Mobilities’s company names, logos, product and service names, trademarks or services marks or those of Watt Mobilities’s licensors.
Text Messaging:
You agree to allow Watt Mobilities to send you informational text (SMS) messages for the purpose of delivering the Services and improving your customer experience – for example, if we need to contact you in the event we are not able to locate your vehicle. You can opt out of receiving the text messages by replying “STOP” after any text message received but be advised this may impact Services from Watt Mobilities to you.
Referral Program & Promotional Codes:
Watt Mobilities may, at its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that Watt Mobilities establishes on a per promotional code basis. You agree that Promo Codes:
* must be used for the intended audience and purpose, and in a lawful manner;
* may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Watt Mobilities;
* may only be used for new unique users, unless expressly permitted by Watt Mobilities;
* may be disabled by Watt Mobilities at any time for any reason without liability to Watt Mobilities;
* may only be used pursuant to the specific terms that Watt Mobilities establishes for such Promo Code;
* are not valid for cash; and
* may expire prior to your use.
Watt Mobilities reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other users in the event that Watt Mobilities determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
User Provided Content:
Watt Mobilities may, at its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Watt Mobilities through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property.
However, by providing User Content to Watt Mobilities, you grant Watt Mobilities a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Watt Mobilities’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You further represent and warrant that:
* you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Watt Mobilities the license to the User Content as set forth above; and
* neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Watt Mobilities’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Watt Mobilities in its sole discretion, whether or not such material may be protected by law. Watt Mobilities may, but shall not be obligated to, review, monitor, or remove User Content, at Watt Mobilities’s sole discretion and at any time and for any reason, without notice to you.
Beta Services:
Watt Mobilities sometimes releases products, services, and features that we are still testing and evaluating (“Beta Services”). Watt Mobilities will inform you of any Beta Services that may become available by identifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Watt Mobilities’s other services, so please keep that in mind.