Terms and Conditions – AI Load Management for EV Charging & Commercial Buildings

Effective Date: January 01, 2025

Please read these Terms and Conditions carefully before using the Plugcy application, website, hardware, or any related services. By creating an account, downloading the app, using a charger, or otherwise accessing our platform, you agree to be legally bound by these Terms. If you do not agree, do not use Plugcy.

1. Definitions

The following terms are used throughout these Terms and Conditions and have the meanings defined below:

“Plugcy,” “we,” “us,” or “our” — Plugcy, an AI-driven energy technology company headquartered in Ciudad de México (CDMX), México, with registered presence in Dover, Delaware, United States, and operations in Bogotá D.C., Colombia.
“Platform” — The Plugcy mobile application (available on the Apple App Store and Google Play Store), the website at plugcy.com, the AI Energy Nerve Network, Plugcy Fast Charger hardware, and all related APIs, tools, and services.
“App” — The Plugcy mobile application available for download on iOS (Apple App Store) and Android (Google Play Store).
“User,” “you,” or “your” — Any individual who registers for, accesses, or uses the Platform in any capacity.
“Driver” — A User who uses the Platform to locate, reserve, and pay for EV charging sessions.
“Host” — A User (individual or business) who lists one or more EV chargers on the Plugcy network for Drivers to use in exchange for compensation.
“Charging Session” — A single instance in which a Driver connects an EV to a charger listed on the Plugcy network and energy is transferred from the charger to the vehicle.
“Charger” or “Charging Equipment” — An EV charging device, whether a Plugcy Fast Charger unit or a third-party compatible charger listed by a Host on the Platform.
“AI Energy Nerve Network” — Plugcy’s proprietary artificial intelligence engine that manages, optimizes, and monitors energy flow across the Plugcy ecosystem in real time.
“Content” — Any text, images, data, photos, reviews, listings, messages, or other material submitted to, displayed on, or transmitted through the Platform by Users or Plugcy.
“Biometric Data” — Facial geometry data, liveness detection data, and any other physiological or behavioral characteristics collected during identity verification processes.
“KYC” — Know Your Customer identity verification procedures required under applicable financial and anti-money laundering regulations.
“Transaction Fees” — The fees charged by Plugcy for facilitating charging sessions and processing payments, as described in Section 10.
“LFPDPPP” — Mexico’s Federal Law on Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares).
“Force Majeure” — Events beyond reasonable control including natural disasters, government actions, grid failures, cyberattacks, pandemics, or other extraordinary circumstances.

2. Company Information

The Plugcy Platform is operated by:

Principal Operating Location: Ciudad de México (CDMX), México
U.S. Registered Entity: 8 The Grn Ste B, Dover, DE 19901-3618, United States
Regional Operations: Bogotá D.C., Colombia
Customer Support Email: [email protected]
Phone / WhatsApp: +52 1 55 6020 4072
Website: plugcy.com

3. Eligibility & Account Registration

3.1 Age Requirement

You must be at least 18 years of age to create a Plugcy account or use any part of the Platform. By registering, you represent and warrant that you are 18 years of age or older. Users in jurisdictions where a higher age of legal majority applies must meet that local standard. Plugcy reserves the right to terminate any account we determine, in our sole discretion, belongs to a person under 18 years of age, without prior notice.

3.2 Legal Capacity

By agreeing to these Terms, you represent that you have the legal capacity to enter into a binding contract under the laws of your jurisdiction. If you are registering as a Host on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms, and all references to “you” shall apply to both you and that entity jointly and severally.

3.3 Account Registration Requirements

To create a Plugcy account, you are required to provide the following information accurately and completely:

Full legal name — as it appears on your government-issued identification document.
Email address — a valid, personal email address that you control. This will serve as your primary account identifier and communication channel.
Phone number — a valid mobile phone number capable of receiving SMS or WhatsApp messages for verification, two-factor authentication, and service communications.
Date of birth — for age verification and regulatory compliance purposes.
Password — a secure password meeting our minimum security requirements (at least 8 characters, containing uppercase, lowercase, number, and special character).

You may also register using supported third-party authentication providers including Sign in with Apple or Sign in with Google, in which case Plugcy will receive your name and email address from the respective provider. You remain responsible for the accuracy of the information in your account regardless of the registration method used.

3.4 Account Accuracy & Updates

You agree to provide accurate, current, and complete information at the time of registration and to promptly update your account information whenever it changes. Providing false, misleading, or outdated information — including your name, phone number, or identity documents — is a material breach of these Terms and may result in immediate account suspension or termination. Plugcy is not liable for any losses arising from your failure to maintain accurate account information.

3.5 One Account Per Person

Each individual may maintain only one Plugcy account. Creating multiple accounts to circumvent suspensions, limits, disputes, or other restrictions is strictly prohibited and may result in permanent banning from the Platform for all associated accounts and devices.

3.6 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to immediately notify Plugcy at [email protected] or +52 1 55 6020 4072 of any unauthorized access to or use of your account. Plugcy will not be liable for any loss or damage arising from your failure to secure your account. We strongly recommend enabling two-factor authentication (2FA) in your account settings.

4. Identity Verification (KYC)

4.1 Verification Requirement

Plugcy requires identity verification for certain activities on the Platform, including but not limited to: becoming a Host; accessing advanced payment features; earning and receiving payouts; and in cases where fraud prevention measures are triggered. Identity verification is conducted through our third-party KYC verification partner, which is a licensed identity verification service provider. By proceeding with verification, you consent to the processing of your identity data as described in these Terms and our Privacy Policy.

4.2 Government-Issued ID Submission

As part of the KYC process, you will be required to capture and upload a clear image or scan of a valid, government-issued photo identification document. Accepted documents include:

National identity card (INE/IFE — Mexico; Cédula de Ciudadanía — Colombia; State-issued ID — U.S.)
Valid passport (any nationality)
Driver’s license issued by a recognized government authority
Permanent resident card or equivalent immigration document (where applicable)

You must ensure the document is: unexpired; clearly legible on all four corners; free from glare, blur, or obstruction; and a true and accurate representation of your actual identification. Submitting a fraudulent, altered, borrowed, or expired identification document is a criminal offense and will result in immediate and permanent account termination, and may be reported to law enforcement authorities.

4.3 Facial Biometric Verification & Liveness Detection

In addition to document verification, Plugcy requires a facial biometric scan (also referred to as a “selfie check” or “liveness detection”) to confirm that you are a live person and that your face matches the photograph on the identification document submitted. This process involves:

Camera access: The App will request access to your device’s front-facing camera. You must grant this permission to complete verification. The camera is activated solely for the duration of the verification process and is not accessed at any other time without your active initiation.
Liveness detection: You may be asked to perform specific actions (e.g., blink, turn your head, smile) to confirm that you are physically present and not using a photograph, video, or mask to spoof the system.
Facial geometry extraction: The verification system extracts mathematical representations of your facial geometry (biometric identifiers) and compares them to your ID photo. These are not stored as photographs but as encrypted mathematical templates.
Processing by third-party partner: Your facial data is processed by our KYC partner under strict data protection agreements. Plugcy does not directly store raw facial images or biometric templates on our own servers beyond what is strictly necessary for the verification event. Our KYC partner’s privacy policy governs their handling of your biometric data.

By proceeding with facial verification, you expressly consent to the collection, processing, and use of your biometric data for the purpose of identity verification. This consent may be required under applicable biometric data protection laws including Illinois BIPA, Texas CUBI, and equivalent legislation in your jurisdiction.

4.4 Camera Access — QR Code Scanning

The Plugcy App uses your device’s camera to scan QR codes displayed at Plugcy-compatible charging stations to initiate a charging session. When you use the QR scan feature:

The App requests access to your device’s rear camera solely to read the QR code displayed at the charger.
The camera is activated only when you actively tap the “Scan QR” button within the App. It is not activated passively or in the background.
No photographs or video recordings are taken or stored during QR scanning. The camera feed is processed in real time on-device to decode the QR code only.
You may revoke camera access at any time in your device settings (iOS: Settings → Privacy → Camera → Plugcy; Android: Settings → Apps → Plugcy → Permissions → Camera). Revoking camera access will disable QR-initiated session starts; you may still initiate sessions manually by entering the charger code.

4.5 Verification Outcomes

Plugcy’s KYC partner will return one of the following verification outcomes:

Verified: Your identity has been successfully confirmed. Full Platform access is granted for verified activities.
Pending: Additional manual review is required. Certain features may be temporarily restricted during this period. Typical review time is 1–3 business days.
Rejected: Verification could not be completed due to document quality issues, document expiry, or a mismatch between your face and your ID. You will be provided with the reason and, in most cases, an opportunity to re-submit.
Flagged: Your submission has been flagged for potential fraud or regulatory concern. Plugcy may suspend your account pending further review and is not obligated to disclose the specific reason for the flag where doing so would compromise fraud detection integrity or is restricted by law.

4.6 Re-Verification

Plugcy reserves the right to require re-verification at any time, including when your identification document approaches expiry, when suspicious activity is detected on your account, when you add a new payout method, or when required by applicable regulations. Failure to complete re-verification within the requested timeframe may result in temporary suspension of affected account features.

5. Location Services & Geolocation

5.1 Location Access Requirement

The Plugcy App requests access to your device’s location data to power core features of the Platform. Location access is categorized as follows and requested at different stages of your use of the App:

5.2 Foreground (While-in-Use) Location

When the App is actively open and in use, Plugcy accesses your device’s precise GPS location for the following purposes:

Displaying a real-time map of available charging stations near your current location.
Calculating the distance to chargers and providing turn-by-turn navigation assistance (using integrated mapping services).
Confirming your physical proximity to a charger before allowing you to initiate a session (geofence-based session start verification).
Automatically detecting your arrival at a charging station to streamline session initiation.
Providing location-relevant pricing, tariff information, and grid condition alerts.

5.3 Background Location

During an active and ongoing charging session, Plugcy may access your location in the background (even when the App is not in the foreground) for the following limited purposes:

Monitoring your continued presence at or departure from the charging location via geofence triggers.
Automatically ending a session if you depart from the charging geofence.
Sending timely session status notifications.

Background location access is used only during active charging sessions and ceases automatically when the session ends. Plugcy does not track your continuous background location outside of active sessions. You may disable background location at any time in your device settings, but doing so will require you to manually end charging sessions within the App.

5.4 Geolocation for Fraud Prevention

Plugcy uses your geolocation data to detect and prevent fraudulent activity, including: sessions initiated from geographic locations inconsistent with your account history; accounts appearing to operate from multiple distant locations simultaneously; and location spoofing or GPS manipulation attempts. Detected anomalies may trigger additional verification steps or temporary account restrictions.

5.5 Location Data for AI Optimization

Anonymized and aggregated location data — with all direct identifiers removed — is used by the Plugcy AI Energy Nerve Network to model regional EV charging demand patterns, optimize charger placement recommendations, and predict grid load. Individual location traces are never used in AI training; only statistical cluster data is used. Raw GPS data is retained for no more than 90 days before being anonymized.

5.6 Host Location Data

When you create a charger listing as a Host, you provide the address of the charging location. This information is:

Displayed as an approximate location (neighborhood/pin range) on the public Plugcy map to protect your precise address.
Shared as a precise address only with Drivers who have confirmed a booking at your charger.
Used by Plugcy for geo-routing, compliance with local permitting where applicable, and network planning.

5.7 Disabling Location

You may revoke location access at any time through your device settings. Disabling location will significantly impact core App functionality including charger discovery, session initiation, and navigation. Manual session management options remain available for users who choose not to grant location access. IP-based coarse location (city-level) may still be used for region detection purposes even when GPS is disabled.

6. Platform Services

6.1 For Drivers — Finding & Using Chargers

As a Driver on the Plugcy Platform, you may:

Browse and search for available EV charging stations on the interactive map.
Filter chargers by connector type, charging speed (Level 2 / DC Fast Charge), availability, price, and distance.
View real-time charger availability, pricing, and ratings.
Reserve a charging slot in advance (where the Host has enabled reservation functionality).
Initiate a charging session by scanning the charger’s QR code or manually entering the charger ID code.
Monitor your session in real time including energy delivered (kWh), session duration, cost accrued, and estimated completion time.
End a session through the App, which will signal the charger to stop energy delivery.
Pay for sessions through your registered payment method.
View your full charging history, energy statistics, and CO₂ offset data.
Leave ratings and reviews for chargers you have used.
Contact Hosts through the in-app messaging system for session-related queries.

6.2 For Hosts — Listing & Managing Chargers

As a Host on the Plugcy Platform, you may:

Create listings for EV chargers at your property or permitted location(s).
Set your charger’s availability schedule, pricing per kWh or per hour, and any access restrictions.
Set a maximum session duration and reservation window.
View booking requests and manage upcoming sessions.
Monitor live session data for chargers registered to your account.
Receive payments from Drivers’ sessions minus Plugcy’s platform fee.
Access earnings dashboards, payout history, and tax summary reports.
Respond to Driver reviews and messages.
Manage multiple charger listings under a single Host account.

6.3 AI Energy Nerve Network Features

Both Drivers and Hosts benefit from Plugcy’s AI-powered features, including:

Smart Charging Scheduling: AI-generated recommendations for optimal charging times based on grid demand, energy pricing, and your vehicle’s needs.
Demand Forecasting Alerts: Notifications when peak demand is expected in your area, helping you avoid congestion or take advantage of low-cost energy windows.
Energy Reports: Personalized monthly reports on your energy usage, cost savings, and environmental impact.
Grid Balance Participation: If you opt into smart charging features, the AI may adjust your charging speed during grid stress events. You retain the ability to override AI adjustments at any time through the App.

6.4 Platform Marketplace Nature

You acknowledge and agree that Plugcy operates as a marketplace platform connecting Drivers with Hosts. Plugcy is not the provider of electricity, the operator of chargers owned by Hosts, or a utility company. Plugcy does not control the quality, safety, legality, or proper functioning of Host-listed chargers that are not Plugcy Fast Charger units. Charging sessions at Host-listed third-party chargers are ultimately subject to the physical condition and availability of that Host’s equipment, which is beyond Plugcy’s control.

7. User Conduct & Prohibited Activities

7.1 General Conduct Standards

You agree to use the Platform only for lawful purposes and in a manner consistent with these Terms. You will treat other Users — both Drivers and Hosts — with respect and will not engage in harassment, discrimination, threats, or abusive behavior through any Platform communication channel.

7.2 Prohibited Activities

The following activities are strictly prohibited on the Plugcy Platform. Violation of any of these prohibitions may result in immediate account suspension or permanent termination, forfeiture of earnings or credits, civil liability, and referral to law enforcement authorities where applicable:

Identity fraud: Submitting false, forged, altered, or borrowed identity documents; impersonating another person; creating accounts under false identities; circumventing KYC verification through any means.
Payment fraud: Using stolen, unauthorized, or fraudulently obtained payment methods; initiating chargebacks in bad faith; exploiting billing errors without disclosure to Plugcy; manipulating session data to generate fraudulent charges or payouts.
Account manipulation: Creating multiple accounts to circumvent restrictions, access promotional offers more than once, or artificially inflate Host ratings; selling, transferring, or renting access to your account.
Platform abuse: Reverse-engineering, decompiling, or disassembling any part of the App or AI system; scraping, indexing, or harvesting data from the Platform without written authorization; attempting to access other users’ accounts or data; circumventing access controls or security measures.
Charger misuse: Using a charger beyond the duration or terms agreed in the session; vandalizing, tampering with, or intentionally damaging any charging equipment; blocking a charger you are not actively using; using a charging session to resell electricity to third parties.
False listings (Hosts): Creating listings for chargers that are not available, non-functional, incorrectly described, or located at a different address than stated; accepting bookings with no intention of providing the session.
Manipulation of AI systems: Intentionally feeding false data to influence Plugcy’s AI pricing, demand forecasting, or session records; GPS spoofing or location manipulation to artificially trigger sessions or payments.
Unauthorized commercial use: Using the Plugcy Platform to operate a competing EV charging service; reselling access to the Plugcy network; white-labeling Plugcy services without a written agreement.
Legal violations: Using the Platform in any way that violates applicable laws in Mexico, the United States, Colombia, or your local jurisdiction, including consumer protection, energy regulation, data protection, anti-money laundering, and tax laws.

7.3 Reporting Violations

If you become aware of any User violating these Terms or engaging in prohibited conduct, you are encouraged to report it to us at [email protected] with as much detail as possible. Plugcy will investigate all credible reports, though we are not obligated to disclose the outcome of such investigations to the reporting party.

8. Payments, Billing & Pricing

8.1 Payment Methods Accepted

Plugcy accepts the following payment methods for Driver charging sessions:

Credit cards (Visa, Mastercard, American Express)
Debit cards (Visa, Mastercard)
Digital wallets (Apple Pay, Google Pay, where supported by device and region)
PayPal (where available in your region)
In-app Plugcy Credits (where applicable, subject to their own terms)

All payment methods are subject to the acceptance criteria of our payment processor (Stripe or equivalent). Plugcy reserves the right to add or remove supported payment methods at any time with reasonable notice to Users.

8.2 Payment Processing & Security

All payments are processed by our PCI-DSS Level 1 compliant payment processor. Plugcy never stores your full card number, CVV/CVC, or raw payment credentials on our own servers. When you add a payment method, your card information is immediately tokenized — a secure token is stored by the processor and referenced by Plugcy. Your billing address and the last four digits of your card are stored by Plugcy for display and verification purposes only.

By saving a payment method to your account, you authorize Plugcy to charge that payment method for all charging sessions, fees, and applicable taxes incurred through your account, including sessions initiated after the payment method was saved, without requiring separate authorization for each individual transaction, unless you remove the payment method from your account.

8.3 Pricing Structure

Charging session pricing on the Plugcy Platform may be structured in any of the following ways, as determined by the Host (for Host-listed chargers) or Plugcy (for Plugcy-operated chargers):

Per kWh pricing: You are charged based on the exact number of kilowatt-hours delivered to your vehicle during the session.
Per-minute pricing: You are charged for the total duration of the session regardless of energy delivered. This model is common at DC fast chargers.
Combined pricing: A combination of per-kWh and per-minute rates may apply, including initiation fees, idle fees (for occupying the charger after your vehicle is fully charged), and peak demand surcharges.
Flat-rate sessions: Some Hosts may offer fixed-price sessions for a defined energy amount or time period.
Subscription pricing: Plugcy may offer subscription plans in the future that provide access to discounted or included charging credits. Subscription terms will be separately communicated.

All pricing is displayed to you in-app before you confirm and initiate a session. Prices may vary by location, time of day, demand level (dynamic pricing), charger type, and Host settings. Currency is displayed in MXN, USD, or COP depending on the location of the charger and your account region settings.

8.4 Pre-Authorization Holds

When you initiate a charging session, Plugcy may place a temporary pre-authorization hold on your payment method for an estimated session amount. This hold does not constitute a charge. The actual charge is settled at the conclusion of the session based on actual energy delivered or time elapsed. The pre-authorization amount may differ from the final charge. Pre-authorization holds typically clear from your bank statement within 3–7 business days if the final charge is lower, depending on your card issuer’s policies. Plugcy is not responsible for delays in releasing holds caused by your card issuer.

8.5 Idle & Overstay Fees

To ensure equitable access to charging infrastructure, Plugcy may charge idle fees when your vehicle remains connected to a charger after your charging session has completed (i.e., your battery has reached its target charge level or the session has ended). Idle fees begin accruing a defined number of minutes after your session completes (as displayed in the App and in the charger’s listing). You will receive a push notification when your vehicle has finished charging to give you an opportunity to move your vehicle before idle fees begin. Idle fee rates are displayed in the charger listing before you initiate a session.

8.6 Taxes

Prices displayed may or may not include applicable taxes (VAT/IVA, sales tax, service taxes) depending on the jurisdiction and charger location. Where applicable, taxes will be calculated and displayed before you confirm a session and will be itemized on your receipt. You are responsible for any applicable taxes on your use of the Platform in your jurisdiction. For Hosts, you are solely responsible for understanding and fulfilling your own tax obligations on income earned through Plugcy, including income tax, IVA (Mexico), sales tax (U.S.), and any other applicable levies.

8.7 Failed Payments

If a payment for a completed charging session fails (e.g., due to an expired card, insufficient funds, or bank decline), Plugcy will:

Notify you immediately via email and push notification of the failed payment.
Retry the charge up to 3 times over 7 days against your primary payment method on file.
Temporarily restrict your ability to initiate new charging sessions until the outstanding balance is resolved.
If the balance remains unpaid after retry attempts, Plugcy may charge the amount to any other valid payment method saved to your account.
If all payment methods fail and the balance remains unresolved after 30 days, Plugcy reserves the right to refer the debt to a collections agency and/or pursue civil legal action to recover the outstanding amount plus applicable costs.

8.8 Refunds & Disputes

Refunds for charging sessions may be issued in the following circumstances:

The charger malfunctioned during your session and you were charged for energy not delivered, as confirmed by session telemetry data.
You were charged for a session you did not initiate (unauthorized session), subject to investigation.
A significant discrepancy exists between the advertised charger capabilities and what was actually delivered, confirmed by session data.
Plugcy determines, in its sole discretion based on evidence, that you are entitled to a partial or full refund for a service failure within our control.

Refund requests must be submitted within 30 days of the relevant transaction by contacting [email protected] with your session ID and a description of the issue. Refunds are typically processed within 5–10 business days and returned to your original payment method. Refunds are not available for sessions that completed successfully based on session telemetry, for idle fees where you were notified and did not move your vehicle, or for sessions cancelled by you after initiation where energy was already delivered.

8.9 Currency & Exchange Rates

Transactions are billed in the local currency of the charger’s location (MXN in Mexico, USD in the United States, COP in Colombia, or as otherwise specified). If your payment card is denominated in a different currency, your card issuer will apply their prevailing foreign exchange rate and may charge a foreign transaction fee. Plugcy is not responsible for foreign exchange rate fluctuations or fees charged by your bank or card issuer.

9. Host Payouts

9.1 Payout Eligibility

To receive payouts for charging sessions facilitated through your Host listing, you must: have completed KYC identity verification; have provided valid and verified bank account or digital wallet payout details; and have no outstanding violations or account restrictions that would affect payout eligibility.

9.2 Plugcy Platform Fee

Plugcy deducts a platform service fee from Driver payments before disbursing earnings to Hosts. The applicable platform fee percentage is disclosed in the Host dashboard and in the listing creation flow. Plugcy reserves the right to adjust platform fees with at least 30 days’ prior notice to Hosts via email and in-app notification. Continued use of the Platform after the notice period constitutes acceptance of the new fee structure.

9.3 Payout Schedule

Earnings from completed sessions are typically made available for payout on a weekly rolling basis, subject to a minimum balance threshold. The exact payout schedule (weekly, bi-weekly, or monthly) and minimum threshold are displayed in your Host dashboard and may vary by region and payout method. Plugcy reserves the right to hold earnings for an extended review period if fraud, disputes, or regulatory concerns require investigation.

9.4 Payout Methods

Plugcy supports the following payout methods for Host earnings, subject to regional availability:

Direct bank transfer (ACH — U.S.; SPEI/CLABE — Mexico; ACH Colombia)
PayPal (where available)
Digital wallet transfer (where supported)

You are responsible for providing accurate and current payout details. Plugcy is not liable for failed or misdirected payouts resulting from incorrect bank account information provided by you. Corrections to payout details may be subject to a verification hold of up to 5 business days.

9.5 Tax Withholding & Reporting

Where required by applicable law, Plugcy may withhold a portion of Host earnings for tax remittance purposes and will issue appropriate tax documentation (e.g., Form 1099-K in the United States, CFDI in Mexico) for earnings above statutory reporting thresholds. Hosts are solely responsible for declaring all earnings received through the Platform to applicable tax authorities and for paying all taxes due. Plugcy’s tax withholding, if any, does not relieve you of your personal tax obligations and does not constitute tax advice. We recommend consulting a qualified tax professional in your jurisdiction.

10. Intellectual Property

10.1 Plugcy’s Intellectual Property

All content, technology, and materials on the Platform — including but not limited to the App, website design, source code, AI algorithms, machine learning models, data architectures, branding, logos, trademarks, trade names, service marks, user interface designs, graphics, text, audio, video, and compiled databases — are the exclusive property of Plugcy or its licensors and are protected by applicable intellectual property laws including copyright, trademark, patent, and trade secret laws in Mexico, the United States, Colombia, and internationally.

Nothing in these Terms grants you any license or right to use Plugcy’s intellectual property except as expressly required for your permitted use of the Platform as a registered User.

10.2 License to Use the App

Subject to your compliance with these Terms, Plugcy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the App on a device you own or control, and to use the App solely for your personal, non-commercial use to access and use the Plugcy Platform. This license does not include the right to: sublicense the App to any third party; copy, modify, translate, or create derivative works of the App; reverse-engineer or attempt to extract the source code of the App; or use the App for any commercial purpose without a separate written agreement with Plugcy.

10.3 User-Generated Content

By submitting Content to the Platform — including reviews, photos, listings, messages, and feedback — you grant Plugcy a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, modify, distribute, display, publish, and create derivative works from your Content, solely for the purposes of operating, improving, and promoting the Platform. You represent and warrant that you own or have all necessary rights to the Content you submit, and that your Content does not infringe any third party’s intellectual property, privacy, or other rights. Plugcy reserves the right to remove any Content that violates these Terms or our Community Standards, without notice.

10.4 Feedback

If you provide Plugcy with feedback, suggestions, ideas, or improvements (“Feedback”), you hereby assign to Plugcy all rights in that Feedback, and Plugcy is free to use and incorporate it into the Platform without restriction, acknowledgment, or compensation to you.

11. Data Protection & Privacy

Plugcy’s collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of your agreement with Plugcy. By using the Platform, you acknowledge that you have read and agree to our Privacy Policy.

Key data-related consents you provide by using the Platform include:

Collection of your name, email address, and phone number for account operation and communication.
Collection of your location data for charger discovery, session management, and fraud prevention.
Use of your device camera for QR code scanning to initiate charging sessions.
Collection and processing of your government-issued ID and facial biometric data for KYC verification.
Processing of your payment information through our PCI-DSS compliant payment processor.
Use of anonymized and aggregated data from your sessions for AI model training and energy optimization.
Sending of transactional communications via email, SMS, push notification, and WhatsApp.

You may exercise your data rights (access, rectification, erasure, portability, objection, and ARCO rights under the LFPDPPP) by contacting [email protected]. Please refer to our Privacy Policy for full details.

12. App Store Terms

12.1 Apple App Store

If you downloaded the Plugcy App from the Apple App Store, the following additional terms apply:

These Terms are entered into between you and Plugcy only, not with Apple Inc. Apple is not a party to these Terms and is not responsible for the App or its content.
The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, subject to the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
In the event of any product liability, warranty, consumer protection, intellectual property infringement, or third-party claim relating to the App, Plugcy — not Apple — is responsible for addressing such claims.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
You represent and warrant that you are not located in a country that is subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

12.2 Google Play Store

If you downloaded the Plugcy App from the Google Play Store:

These Terms are entered into between you and Plugcy only, not with Google LLC. Google is not a party to these Terms.
Google has no obligation or liability to you with respect to the App or these Terms.
Your use of the App must comply with Google Play’s Developer Distribution Agreement and applicable Terms of Service.

13. Disclaimers & Limitation of Liability

13.1 “As Is” Disclaimer

THE PLUGCY PLATFORM, APP, AI ENERGY NERVE NETWORK, AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLUGCY EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, UNINTERRUPTED SERVICE, AND FREEDOM FROM ERRORS OR VIRUSES.

13.2 Charger Availability & Functionality

Plugcy does not guarantee the availability, functionality, or condition of any charging station listed on the Platform, particularly chargers owned and operated by Hosts. Charger availability is updated in real time but may not always reflect instantaneous physical status due to connectivity limitations. Plugcy is not liable for your inability to charge your vehicle due to charger malfunction, unavailability, incompatibility with your EV, or any other reason outside of Plugcy’s direct control.

13.3 AI System Disclaimers

Plugcy’s AI Energy Nerve Network is designed to optimize energy usage but its recommendations and automated actions are not guaranteed to be error-free, accurate, or optimal in all circumstances. Grid conditions, energy pricing, and demand are influenced by factors outside Plugcy’s control. Plugcy is not liable for any loss or damage — including energy costs, vehicle damage, or missed charging windows — arising from reliance on AI-generated recommendations or automated AI-driven session adjustments.

13.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLUGCY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
LOSS OF REVENUE, PROFIT, DATA, GOODWILL, OR BUSINESS OPPORTUNITY;
PERSONAL INJURY OR PROPERTY DAMAGE NOT CAUSED BY PLUGCY’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
ACTS OR OMISSIONS OF ANY HOST, DRIVER, OR THIRD-PARTY SERVICE PROVIDER.

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, PLUGCY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL OTHER CASES, PLUGCY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PLUGCY IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) MXN $1,000 (OR EQUIVALENT IN YOUR LOCAL CURRENCY).

13.5 Third-Party Content & Links

The Platform may contain links to third-party websites, services, or content. Plugcy does not endorse, control, or assume responsibility for any third-party content, products, services, or privacy practices. Your interactions with third-party services are governed solely by those parties’ terms and policies.

14. Indemnification

You agree to indemnify, defend, and hold harmless Plugcy and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your use of or inability to use the Platform.
Your violation of these Terms or any applicable law or regulation.
Your violation of any third party’s rights, including intellectual property, privacy, or property rights.
Any Content you submit to the Platform.
Your operation or listing of a charger as a Host, including any injury or property damage resulting from a Driver’s use of your charger.
Any fraudulent, willful, or negligent conduct by you.
Your failure to pay applicable taxes on Host earnings.

15. Suspension & Termination

15.1 Termination by You

You may close your Plugcy account at any time by navigating to Settings → Account → Delete Account in the App, or by submitting a written deletion request to [email protected]. Account deletion is subject to the following conditions:

All outstanding balances (unpaid sessions, pending fees) must be settled before deletion is processed.
Hosts must have no pending payouts outstanding or, if payouts are pending, must provide valid payout details to receive final earnings before account closure.
Your data will be retained for the periods specified in our Privacy Policy’s retention schedule even after account deletion, in compliance with legal obligations.
Deletion is permanent and irreversible. Your session history, earnings data, and account information will be deleted or anonymized according to our retention policy.

15.2 Termination or Suspension by Plugcy

Plugcy reserves the right to suspend or terminate your account, access to the Platform, or any specific feature at any time, with or without prior notice, in the following circumstances:

Breach of any provision of these Terms.
Fraudulent activity, identity fraud, or payment fraud.
Failure to complete or maintain required KYC verification.
Conduct that harms other Users, Hosts, Drivers, or the integrity of the Platform.
Outstanding unpaid balances not resolved after good-faith collection attempts.
Legal or regulatory requirement to do so.
Inactivity for an extended period (more than 24 consecutive months) — Plugcy will provide 30 days’ notice before closing inactive accounts.
Discontinuation of the Platform or any feature (with as much advance notice as reasonably practicable).

If your account is terminated for breach of these Terms, you are prohibited from re-registering on the Platform under a new identity without Plugcy’s express written consent. Plugcy reserves the right to detect and remove accounts linked to banned individuals through device fingerprinting, phone number matching, and other fraud prevention techniques.

15.3 Effect of Termination

Upon termination of your account for any reason: your license to use the App is immediately revoked; any pending Host listings will be deactivated; outstanding Driver bookings may be cancelled with appropriate notice to affected parties; all provisions of these Terms that by their nature should survive termination shall survive, including Sections 10 (Intellectual Property), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution), and 17 (Governing Law).

16. Dispute Resolution

16.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (“Dispute”), you agree to first attempt to resolve the matter informally by contacting Plugcy at [email protected] with a description of the Dispute and your desired resolution. Plugcy will attempt to respond and resolve the matter within 30 business days. Both parties agree to engage in good-faith discussions before pursuing formal proceedings.

16.2 Mediation

If informal resolution is unsuccessful, either party may request non-binding mediation administered by a mutually agreed-upon mediator before initiating arbitration or litigation. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

16.3 Consumer Disputes — Mexico

Users in Mexico have the right to file complaints with the Procuraduría Federal del Consumidor (PROFECO) for consumer protection matters. Plugcy is subject to PROFECO jurisdiction for consumer-facing disputes arising in Mexico. This clause does not waive any statutory rights you hold under Mexican consumer protection law (Ley Federal de Protección al Consumidor).

16.4 Arbitration (U.S. Users)

For Users located in the United States, any Dispute not resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may bring claims in small claims court for disputes within that court’s jurisdictional limits. The arbitration shall be conducted in the English language. The arbitrator’s award shall be final and binding. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

17. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of México, without regard to its conflict of law principles. For Users in Mexico, disputes not subject to arbitration or PROFECO are subject to the exclusive jurisdiction of the competent courts of Ciudad de México, México. For Users in the United States, applicable federal and state laws of Delaware apply where not superseded by the arbitration clause. For Users in Colombia, disputes are subject to the laws of Colombia and the jurisdiction of competent courts in Bogotá D.C., where applicable consumer protection legislation governs.

18. Charger Hardware — Plugcy Fast Charger

18.1 Hardware Sale & Warranty

Plugcy Fast Charger hardware purchased directly from Plugcy or authorized resellers is covered by a limited manufacturer’s warranty for a period of 12 months from the date of original purchase against defects in materials and workmanship under normal use conditions. This warranty does not cover: damage caused by improper installation; unauthorized modifications or repairs; use of the hardware outside of its rated specifications; damage caused by acts of nature (lightning, flooding, surge); or normal wear and tear. To make a warranty claim, contact [email protected] with proof of purchase and a description of the defect.

18.2 Installation Responsibility

Installation of Plugcy Fast Charger hardware must be performed by a licensed electrician in compliance with all applicable local electrical codes and regulations. Plugcy is not responsible for any damage to property, electrical systems, or vehicles resulting from improper installation by a third party. Any modification of the hardware that is not expressly authorized by Plugcy voids the warranty and may render the device inoperable or unsafe.

18.3 Firmware & Software Updates

Plugcy Fast Charger units receive automatic firmware updates delivered over-the-air (OTA) through your Wi-Fi connection. These updates may include security patches, feature enhancements, and AI optimization improvements. By using a Plugcy Fast Charger connected to the Plugcy network, you consent to these automatic updates. We will notify you of significant updates through the App. You may not disable, block, or roll back firmware updates, as doing so may compromise device security and void your warranty.

18.4 Network Connectivity

The Plugcy Fast Charger requires a stable Wi-Fi internet connection to access full smart features including remote session management, AI scheduling, and App integration. Degraded or absent internet connectivity may limit features but does not prevent basic local charging functionality in offline mode. You are responsible for providing and maintaining adequate internet connectivity at your charging location.

19. Modifications to Terms

Plugcy reserves the right to modify, update, or replace these Terms at any time. When material changes are made, we will:

Post the revised Terms on plugcy.com and in the App with an updated effective date.
Send you an email notification to your registered email address at least 30 days before material changes take effect.
Display a prominent in-app notice prompting you to review and accept the updated Terms.

For changes required by law, legal process, or to address security or fraud issues, we may implement changes immediately without prior notice. Your continued use of the Platform after the effective date of revised Terms constitutes your binding acceptance of those changes. If you do not agree with any modification, your sole remedy is to stop using the Platform and close your account.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and Plugcy with respect to the Platform and supersede all prior or contemporaneous agreements, understandings, or representations.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms, and the remaining provisions shall continue in full force and effect.

20.3 Waiver

Plugcy’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.

20.4 Assignment

You may not assign or transfer your rights or obligations under these Terms to any third party without Plugcy’s prior written consent. Plugcy may assign these Terms or any rights hereunder to any affiliate, successor, or in connection with a merger, acquisition, or sale of assets, without your consent, provided that the successor entity agrees to be bound by these Terms.

20.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Plugcy. Hosts are independent service providers and are not employees, agents, or representatives of Plugcy.

20.6 Force Majeure

Plugcy shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God; natural disasters; grid or power failures; government actions or restrictions; pandemic or public health emergencies; cyberattacks on critical infrastructure; supplier failures; or telecommunications outages. During a Force Majeure event, Plugcy’s obligations under these Terms will be suspended for the duration of the event.

20.7 Language

These Terms are available in both English and Spanish. In the event of any conflict or inconsistency between the English and Spanish versions, the Spanish version shall prevail for Users located in Mexico or Colombia, and the English version shall prevail for Users located in the United States or other English-speaking jurisdictions.

20.8 Contact for Legal Notices

All formal legal notices to Plugcy must be sent in writing to:

Email: [email protected]
Phone / WhatsApp: +52 1 55 6020 4072
Principal Office: Ciudad de México (CDMX), México

Legal notices sent by email must use the subject line “Legal Notice — [Your Name] — [Matter]” and will be deemed received on the next business day following confirmed delivery.

By downloading the Plugcy App, creating an account, or using any part of the Plugcy Platform, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.