Terms of Use

By accessing and using the Ampaway platform, either web or mobile, (hereafter “Site”) you confirm that you are in agreement with and bound by the terms of use outlined below. These terms apply to the entire website, mobile application and any email or other type of communication between you and Ampaway.

Ampaway will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy at any moment. The Company may revise or update these Terms of Use and the Privacy Policy at any time and without notice. It is your responsibility to re-read these Terms of Use and the Privacy Policy on a regular basis.

Access to the Site

Necessary hardware and software to access the Internet and this Site are under sole liability of the users.

The Company reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site, mobile application and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.

It is forbidden to modify the software or any element of it or to use a modified version of the software, in order to obtain unauthorized access to the Site or mobile application. You acknowledge and agree that if Ampaway disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms of Use, we will post those changes on this page, and/or update the Terms of Use modification date below.

User’s Rights & Obligations

User must notably refrain from:

• uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material;
• disrupting or interrupting the Site or mobile application, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules;
• infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending "spams" or overloading the Site messaging system;
• consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to;
• trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without the prior written consent of the Company;
• conducting any illegal activity or any other activity likely to infringe rights of the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so;
• uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non-authorised commercial or promotional content, junk mails, spasm, chains or any other solicitation;
• uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, shocking or disparaging content or the like.

Each user must comply with any and all applicable regulations, laws and rules related to user’s behavior on the Internet and transmission of technical data.

When relevant, the Company reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms of Use and/or ancillary documentation, without prejudice to claim damages to such defaulting user.

Age Restriction

Use of this Website and the Ampaway mobile application is restricted to individuals who are 16 years of age or older. By accessing or using the Site or App, you represent and warrant that you are at least 16 years old. If you are under the age of 18, you are not permitted to use the services or provide any personal information on the platform. Ampaway assumes no responsibility or liability for any use of the Site or App by individuals under the age of 18.

Links to Other Sites

This Site may include links to third-party websites that are independent of Ampaway. Accessing these external sites is done at your own risk. Ampaway does not guarantee the accuracy, reliability, or validity of any information, data, opinions, advice, or statements contained on such linked websites. This applies even in cases where Ampaway personnel may be quoted or have left comments. These links are provided solely for user convenience and do not constitute an endorsement or approval by Ampaway of the content or operators of any third-party sites.

Access to Password Protected/Secure Areas

Access to password-protected and/or secure areas of this Site is restricted to authorized users only. Any unauthorized attempt to access these areas is strictly prohibited and may result in criminal prosecution or other legal action.

Disclaimers

Ampaway does not guarantee the accuracy, completeness, or reliability of any information provided on this Site. Your use of this Site, its content, and any services or products obtained through the Site is entirely at your own risk. Information, programs, and products referenced may be changed or updated by Ampaway at any time without notice. References to non-Ampaway products or services are provided solely for informational purposes and do not constitute an endorsement or recommendation.

ALL CONTENT ON THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Ampaway expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, data accuracy, non-infringement, or warranties arising from the course of dealing, usage, or trade practice.

To the extent permitted by law, Ampaway makes no representations or warranties regarding the timeliness, accuracy, reliability, or completeness of the materials on this Site. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

Under no circumstances shall Ampaway, or any of its affiliates, partners, licensors, service providers, or any party involved in the creation, production, or delivery of this Site be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from or in connection with your access to, use of, or inability to use this Site or any Ampaway product or service. This includes, but is not limited to, damages resulting from:

• Errors, omissions, or inaccuracies in content
• System failures, delays, or interruptions
• Unauthorized access to or alteration of your data
• Loss or corruption of data
• Computer viruses or other harmful components
• Any conduct by third parties, including defamatory, offensive, or illegal actions

Products and Services Availability

This website and our mobile application may include information about products and services that are not available in all locations. Because the Site may be accessed globally, references to Ampaway’s products, programs, or services do not imply that they are available in your country. For details regarding availability, please contact your local Ampaway representative or authorized distributor.

Software License Agreement

Any software you download from this Site is governed by: (i) the license terms provided with the software file; or (ii) if no license terms are provided, then by the terms of the license agreement that accompanied the original product you are updating.

By downloading such software, you agree to be bound by the applicable license terms.

Payments & Returns

1. Accepted Payment Methods

We offer a range of convenient payment options to ensure a seamless charging experience. Accepted payment methods include:

• Major credit and debit cards (Visa, Mastercard, American Express, etc.)
• Apple Pay
• Google Pay
• Ampaway app wallet (where available)

All transactions are securely processed in compliance with industry-standard encryption and data protection practices. The available payment methods may vary depending on the location of the chargers, as determined by the Buyer at the time of installation.

2. Session Billing Logic

Charging sessions are billed based on the selected pricing model at the station, which may include:

• Per kWh: Users are billed based on the total kilowatt-hours (kWh) consumed during the session.
  • For each charging session, no fee will be charged for consumption up to 0.05 kWh. Once this threshold is exceeded, and the user chooses to end the session, a minimum fee of $0.99 will apply, regardless of the total energy consumed beyond 0.05 kWh.
• It is Users obligation to check the session billing pricing.

3. Refund and Dispute Resolution Policy

If you experience an issue during your charging session (e.g., overcharge, failed session, or equipment malfunction), you may request a refund or by contacting customer support within 7 days of the session.

Refunds are reviewed on a case-by-case basis and may take 10–15 business days to process. Ampaway aims to resolve all disputes fairly and efficiently, and may request supporting information or usage logs to assess the claim.

For any questions or concerns, please reach out to: support@ampaway.com

Patents, Copyrights and Trademarks

The sole owner of intellectual property over the products, this website and software of Ampaway belongs to Ampaway.

Proprietary Rights

Ampaway retains for itself all proprietary rights in and to all designs, Products, software, engineering details, and other data pertaining to any Products except where rights are assigned under written agreement by an authorized representative of Ampaway. Except for User’s limited right to use Ampaway’s product software (“Product Software”) only with the Product, Ampaway retains all intellectual property rights in and to the Products and any portion thereof (including without limitation any and all Product Software). Any and all Product Software is copyrighted and Ampaway and/or its licensors retain and reserve all title, interest, ownership, and rights in and to all copies of the Product Software and product documentation (including all related intellectual property rights thereto), except for the limited license herein. User will not directly or indirectly engage in, cause or permit the reverse engineering, disassembly recompilation or similar manipulation of the Products. (b) Ampaway may terminate access to any Products without liability if Ampaway determines that in its opinion there is any potential intellectual property rights infringement resulting from User’s use of the Products or its incorporation of Products in equipment used by the User.

License to Use Ampaway's Related Rights

User acknowledges that from time to time Ampaway may have its own and/or third-party intellectual property rights, which Ampaway wishes to incorporate or utilize into the Work Product or has incorporated into the Software Product Software or Products subject to this Contract ("Ampaway's Related Rights"). If and only if Ampaway has the right to grant licenses to third parties, then Ampaway hereby grants User, and its subsidiaries and affiliates, a royalty-free, worldwide, non-sublicensable, non-exclusive license to use Ampaway's Related Rights only as part of the Product in which the Ampaway Related Rights have been incorporated or for which it has been delivered. Ampaway’s Software Product and/or software/hardware product to be provided to the User for use by the Buyer includes open-source code and freeware. Notwithstanding the foregoing, under no circumstances whatsoever does Ampaway grant any right, title or interest in and to any of Ampaway’s patents or patent applications. Third party software incorporated into the products is subject to separate license restrictions and related terms and conditions and the buyer’s use of such software is subject in every case to all such terms and conditions. The current restrictions and related terms and conditions are set forth in Ampaway’s Important Notices and System Specifications document. Ampaway is not liable for any acts, errors, or omissions of User or any third party with respect to Open-Source Software. Any and all Product Software licensed in this Contract is “commercial computer Software” and ‘commercial computer Software documentation” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any license, use reproduction, release, performance, display, or disclosure of the product software and accompanying documentation by the US Government is governed solely by the terms of this Contract and is prohibited except to the extent expressly permitted by the terms of this Contract.

Termination and Limitation of Liability

Ampaway may terminate its services for convenience in whole or in part, at any time, by verbal and/or written notice by giving five (5) days written notice of such termination. At such time, Ampaway shall cease all related work unless otherwise directed by the User. Ampaway’s termination of services shall not constitute a default.

Data Privacy

For information about how we process your personal information, please review our Privacy Policy available at our Website. Ampaway’s Privacy Policy is incorporated into the Terms of Use by reference.

Relationship of Parties

Ampaway is an independent contractor and, not an employee of User. No employment relationship is created by use of services, and Ampaway is not a User’s employee. Ampaway shall retain independent, professional status and shall use its own discretion in performing the tasks assigned. Ampaway reserves the right to engage subcontractors to perform any part of the Services under this Agreement, at its sole discretion.

Miscellaneous

• a) Equitable Relief. Any breach of the Terms of Use provisions by User will result in irreparable harm to Ampaway. User therefore agrees that Ampaway shall have the right to an injunction or other equitable relief to enforce this Terms of Use and any of its provisions, without prejudice to any other rights and remedies that Ampaway may have;
• b) Compliance with Laws and Regulations. User agrees to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances;
• c) Governing Law; Severability. California law shall govern and enforce. Any litigation or arbitration between the parties shall take place in Los Angeles County, California; both parties waive any objection to personal jurisdiction or venue in any forum located in that County. If any provision of this Terms of Use is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Contract shall continue in full force and effect;
• d) Arbitration. At the option of either party, any dispute arising from or with respect to this Terms of Use shall be decided by arbitration in accordance the American Arbitration Association Commercial rules but neither party shall use the American Arbitration Association as the arbitrator(s). At the request of either party, the proceedings will be conducted in secrecy. Under no circumstances will the User be awarded attorney fees. The parties shall pay their own costs of arbitration;
• e) Advertising / Publicity Releases. The terms and existence of this Contract and everything supplied in connection with it by Ampaway shall be held in confidence by User.

Indemnification

You agree to indemnify and hold Ampaway and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this terms or any law or regulation; or (c) violation of any right of a third party.

Severability

If any provision of this Terms of Use 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.

These Terms of Use, together with the Privacy Policy and any other legal notices published by Ampaway on the Services, shall constitute the entire agreement between you and Ampaway concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ampaway. YOU AND AMPAWAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Functional or Typological Errors

In the event there is incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Ampaway shall not be held liable for any temporary functional errors or disruptions affecting the website, mobile application, or charging stations. In the event such issues arise, Ampaway will use commercially reasonable efforts to resolve them within a reasonable time frame, provided the cause of the issue falls within Ampaway’s control.

Ampaway shall only be held liable for any malfunction of its products if an independent expert review determines that the issue directly resulted from a fault attributable to Ampaway.

Amendments

Updates to Our Website & Mobile Application

Ampaway may from time to time provide enhancements or improvements to the features/functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our website) if a revision is material at least 30 days' prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Updates may modify or delete certain features and/or functionalities of the website and mobile application. You agree that Ampaway has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website or mobile application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website and mobile application, and (ii) subject to the terms of use.

If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our website and mobile application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Ampaway. If you do not want to agree to these or any updated Terms, you can delete your account.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: info@ampaway.com
• By visiting this page on our website: https://www.ampaway.com/contact

By accessing and using the Ampaway platform, either web or mobile, (hereafter “Site”) you confirm that you are in agreement with and bound by the terms of use outlined below. These terms apply to the entire website, mobile application and any email or other type of communication between you and Ampaway.

Ampaway will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy at any moment. The Company may revise or update these Terms of Use and the Privacy Policy at any time and without notice. It is your responsibility to re-read these Terms of Use and the Privacy Policy on a regular basis.

Access to the Site

Necessary hardware and software to access the Internet and this Site are under sole liability of the users.

The Company reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site, mobile application and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.

It is forbidden to modify the software or any element of it or to use a modified version of the software, in order to obtain unauthorized access to the Site or mobile application. You acknowledge and agree that if Ampaway disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms of Use, we will post those changes on this page, and/or update the Terms of Use modification date below.

User’s Rights & Obligations

User must notably refrain from:

• uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material;
• disrupting or interrupting the Site or mobile application, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules;
• infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending "spams" or overloading the Site messaging system;
• consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to;
• trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without the prior written consent of the Company;
• conducting any illegal activity or any other activity likely to infringe rights of the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so;
• uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non-authorised commercial or promotional content, junk mails, spasm, chains or any other solicitation;
• uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, shocking or disparaging content or the like.

Each user must comply with any and all applicable regulations, laws and rules related to user’s behavior on the Internet and transmission of technical data.

When relevant, the Company reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms of Use and/or ancillary documentation, without prejudice to claim damages to such defaulting user.

Age Restriction

Use of this Website and the Ampaway mobile application is restricted to individuals who are 16 years of age or older. By accessing or using the Site or App, you represent and warrant that you are at least 16 years old. If you are under the age of 18, you are not permitted to use the services or provide any personal information on the platform. Ampaway assumes no responsibility or liability for any use of the Site or App by individuals under the age of 18.

Links to Other Sites

This Site may include links to third-party websites that are independent of Ampaway. Accessing these external sites is done at your own risk. Ampaway does not guarantee the accuracy, reliability, or validity of any information, data, opinions, advice, or statements contained on such linked websites. This applies even in cases where Ampaway personnel may be quoted or have left comments. These links are provided solely for user convenience and do not constitute an endorsement or approval by Ampaway of the content or operators of any third-party sites.

Access to Password Protected/Secure Areas

Access to password-protected and/or secure areas of this Site is restricted to authorized users only. Any unauthorized attempt to access these areas is strictly prohibited and may result in criminal prosecution or other legal action.

Disclaimers

Ampaway does not guarantee the accuracy, completeness, or reliability of any information provided on this Site. Your use of this Site, its content, and any services or products obtained through the Site is entirely at your own risk. Information, programs, and products referenced may be changed or updated by Ampaway at any time without notice. References to non-Ampaway products or services are provided solely for informational purposes and do not constitute an endorsement or recommendation.

ALL CONTENT ON THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Ampaway expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, data accuracy, non-infringement, or warranties arising from the course of dealing, usage, or trade practice.

To the extent permitted by law, Ampaway makes no representations or warranties regarding the timeliness, accuracy, reliability, or completeness of the materials on this Site. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

Under no circumstances shall Ampaway, or any of its affiliates, partners, licensors, service providers, or any party involved in the creation, production, or delivery of this Site be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from or in connection with your access to, use of, or inability to use this Site or any Ampaway product or service. This includes, but is not limited to, damages resulting from:

• Errors, omissions, or inaccuracies in content
• System failures, delays, or interruptions
• Unauthorized access to or alteration of your data
• Loss or corruption of data
• Computer viruses or other harmful components
• Any conduct by third parties, including defamatory, offensive, or illegal actions

Products and Services Availability

This website and our mobile application may include information about products and services that are not available in all locations. Because the Site may be accessed globally, references to Ampaway’s products, programs, or services do not imply that they are available in your country. For details regarding availability, please contact your local Ampaway representative or authorized distributor.

Software License Agreement

Any software you download from this Site is governed by: (i) the license terms provided with the software file; or (ii) if no license terms are provided, then by the terms of the license agreement that accompanied the original product you are updating.

By downloading such software, you agree to be bound by the applicable license terms.

Payments & Returns

1. Accepted Payment Methods

We offer a range of convenient payment options to ensure a seamless charging experience. Accepted payment methods include:

• Major credit and debit cards (Visa, Mastercard, American Express, etc.)
• Apple Pay
• Google Pay
• Ampaway app wallet (where available)

All transactions are securely processed in compliance with industry-standard encryption and data protection practices. The available payment methods may vary depending on the location of the chargers, as determined by the Buyer at the time of installation.

2. Session Billing Logic

Charging sessions are billed based on the selected pricing model at the station, which may include:

• Per kWh: Users are billed based on the total kilowatt-hours (kWh) consumed during the session.
  • For each charging session, no fee will be charged for consumption up to 0.05 kWh. Once this threshold is exceeded, and the user chooses to end the session, a minimum fee of $0.99 will apply, regardless of the total energy consumed beyond 0.05 kWh.
• It is Users obligation to check the session billing pricing.

3. Refund and Dispute Resolution Policy

If you experience an issue during your charging session (e.g., overcharge, failed session, or equipment malfunction), you may request a refund or by contacting customer support within 7 days of the session.

Refunds are reviewed on a case-by-case basis and may take 10–15 business days to process. Ampaway aims to resolve all disputes fairly and efficiently, and may request supporting information or usage logs to assess the claim.

For any questions or concerns, please reach out to: support@ampaway.com

Patents, Copyrights and Trademarks

The sole owner of intellectual property over the products, this website and software of Ampaway belongs to Ampaway.

Proprietary Rights

Ampaway retains for itself all proprietary rights in and to all designs, Products, software, engineering details, and other data pertaining to any Products except where rights are assigned under written agreement by an authorized representative of Ampaway. Except for User’s limited right to use Ampaway’s product software (“Product Software”) only with the Product, Ampaway retains all intellectual property rights in and to the Products and any portion thereof (including without limitation any and all Product Software). Any and all Product Software is copyrighted and Ampaway and/or its licensors retain and reserve all title, interest, ownership, and rights in and to all copies of the Product Software and product documentation (including all related intellectual property rights thereto), except for the limited license herein. User will not directly or indirectly engage in, cause or permit the reverse engineering, disassembly recompilation or similar manipulation of the Products. (b) Ampaway may terminate access to any Products without liability if Ampaway determines that in its opinion there is any potential intellectual property rights infringement resulting from User’s use of the Products or its incorporation of Products in equipment used by the User.

License to Use Ampaway's Related Rights

User acknowledges that from time to time Ampaway may have its own and/or third-party intellectual property rights, which Ampaway wishes to incorporate or utilize into the Work Product or has incorporated into the Software Product Software or Products subject to this Contract ("Ampaway's Related Rights"). If and only if Ampaway has the right to grant licenses to third parties, then Ampaway hereby grants User, and its subsidiaries and affiliates, a royalty-free, worldwide, non-sublicensable, non-exclusive license to use Ampaway's Related Rights only as part of the Product in which the Ampaway Related Rights have been incorporated or for which it has been delivered. Ampaway’s Software Product and/or software/hardware product to be provided to the User for use by the Buyer includes open-source code and freeware. Notwithstanding the foregoing, under no circumstances whatsoever does Ampaway grant any right, title or interest in and to any of Ampaway’s patents or patent applications. Third party software incorporated into the products is subject to separate license restrictions and related terms and conditions and the buyer’s use of such software is subject in every case to all such terms and conditions. The current restrictions and related terms and conditions are set forth in Ampaway’s Important Notices and System Specifications document. Ampaway is not liable for any acts, errors, or omissions of User or any third party with respect to Open-Source Software. Any and all Product Software licensed in this Contract is “commercial computer Software” and ‘commercial computer Software documentation” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any license, use reproduction, release, performance, display, or disclosure of the product software and accompanying documentation by the US Government is governed solely by the terms of this Contract and is prohibited except to the extent expressly permitted by the terms of this Contract.

Termination and Limitation of Liability

Ampaway may terminate its services for convenience in whole or in part, at any time, by verbal and/or written notice by giving five (5) days written notice of such termination. At such time, Ampaway shall cease all related work unless otherwise directed by the User. Ampaway’s termination of services shall not constitute a default.

Data Privacy

For information about how we process your personal information, please review our Privacy Policy available at our Website. Ampaway’s Privacy Policy is incorporated into the Terms of Use by reference.

Relationship of Parties

Ampaway is an independent contractor and, not an employee of User. No employment relationship is created by use of services, and Ampaway is not a User’s employee. Ampaway shall retain independent, professional status and shall use its own discretion in performing the tasks assigned. Ampaway reserves the right to engage subcontractors to perform any part of the Services under this Agreement, at its sole discretion.

Miscellaneous

• a) Equitable Relief. Any breach of the Terms of Use provisions by User will result in irreparable harm to Ampaway. User therefore agrees that Ampaway shall have the right to an injunction or other equitable relief to enforce this Terms of Use and any of its provisions, without prejudice to any other rights and remedies that Ampaway may have;
• b) Compliance with Laws and Regulations. User agrees to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances;
• c) Governing Law; Severability. California law shall govern and enforce. Any litigation or arbitration between the parties shall take place in Los Angeles County, California; both parties waive any objection to personal jurisdiction or venue in any forum located in that County. If any provision of this Terms of Use is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Contract shall continue in full force and effect;
• d) Arbitration. At the option of either party, any dispute arising from or with respect to this Terms of Use shall be decided by arbitration in accordance the American Arbitration Association Commercial rules but neither party shall use the American Arbitration Association as the arbitrator(s). At the request of either party, the proceedings will be conducted in secrecy. Under no circumstances will the User be awarded attorney fees. The parties shall pay their own costs of arbitration;
• e) Advertising / Publicity Releases. The terms and existence of this Contract and everything supplied in connection with it by Ampaway shall be held in confidence by User.

Indemnification

You agree to indemnify and hold Ampaway and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this terms or any law or regulation; or (c) violation of any right of a third party.

Severability

If any provision of this Terms of Use 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.

These Terms of Use, together with the Privacy Policy and any other legal notices published by Ampaway on the Services, shall constitute the entire agreement between you and Ampaway concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ampaway. YOU AND AMPAWAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Functional or Typological Errors

In the event there is incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Ampaway shall not be held liable for any temporary functional errors or disruptions affecting the website, mobile application, or charging stations. In the event such issues arise, Ampaway will use commercially reasonable efforts to resolve them within a reasonable time frame, provided the cause of the issue falls within Ampaway’s control.

Ampaway shall only be held liable for any malfunction of its products if an independent expert review determines that the issue directly resulted from a fault attributable to Ampaway.

Amendments

Updates to Our Website & Mobile Application

Ampaway may from time to time provide enhancements or improvements to the features/functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our website) if a revision is material at least 30 days' prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Updates may modify or delete certain features and/or functionalities of the website and mobile application. You agree that Ampaway has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website or mobile application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website and mobile application, and (ii) subject to the terms of use.

If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our website and mobile application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Ampaway. If you do not want to agree to these or any updated Terms, you can delete your account.

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SMS Terms & Conditions

By opting in to receive SMS messages from Ampaway, you may receive text messages related to customer support, account or service updates, project and installation updates, scheduling, and other communications related to your relationship with Ampaway.

Message frequency may vary. Message and data rates may apply.

You may opt out at any time by replying STOP to any message from Ampaway.

For assistance, reply HELP or contact Ampaway through our customer support channels.

Consent to receive SMS messages is not a condition of purchasing any product or service from Ampaway.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: info@ampaway.com
• By visiting this page on our website: https://www.ampaway.com/contact