Effective Date: July 1, 2024
PLUGCY LLC (“Plugcy,” “we,” “us,” “our,” or the “Company”), a Delaware limited liability company, provides these Terms and Conditions (the “Terms”) to govern your access to and use of our website www.plugcy.com, mobile application (“Plugcy App”), and related services, including our peer-to-peer electric vehicle (EV) charging platform, sale of fast-charging equipment, and artificial intelligence-driven energy network services (collectively, the “Services”). By accessing, browsing, registering for, or using the Services, you (“User,” “you,” or “your”) expressly acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy (available at www.plugcy.com/privacy), which is incorporated herein by reference.
These Terms constitute a legally binding agreement between you and Plugcy LLC. If you do not agree to these Terms, you must immediately cease using the Services. Plugcy reserves the right to modify these Terms at any time, with notice provided as outlined in Section 18. Your continued use of the Services after such modifications constitutes acceptance of the revised Terms.
Table of Contents
- Scope and Eligibility
- Definitions
- Account Registration and Security
- Description of Services
- User Obligations and Conduct
- Peer-to-Peer EV Charging Platform
- Fast Charger Sales
- AI-Driven Energy Network Services
- Fees and Payment
- Intellectual Property
- User Content and Licenses
- Prohibited Activities
- Termination and Suspension
- Limitation of Liability
- Indemnification
- Disclaimers and Warranties
- Third-Party Services and Links
- Modifications to the Terms
- Governing Law and Dispute Resolution
- Force Majeure
- Severability and Entire Agreement
- Contact Information
1. Scope and Eligibility
1.1 Scope. These Terms govern your access to and use of the Services, including the Plugcy website, Plugcy App, and all associated features, functionalities, and content, whether accessed via desktop, mobile device, or other means. These Terms apply to all users, including individual consumers, businesses, and entities, regardless of geographic location.
1.2 Eligibility. The Services are intended solely for individuals aged 18 years or older. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. Plugcy does not permit use of the Services by individuals under 18, and we reserve the right to terminate accounts or deny access to minors.
1.3 Geographic Availability. While Plugcy operates primarily in Mexico, the Services are available globally, subject to local laws and regulations. You are responsible for ensuring that your use of the Services complies with applicable laws in your jurisdiction.
1.4 Acceptance of Terms. By clicking “I Agree,” creating an account, or otherwise using the Services, you affirm your acceptance of these Terms and agree to comply with all applicable laws, regulations, and policies.
2. Definitions
For purposes of these Terms, the following definitions apply:
- Account: A registered user profile created on the Plugcy platform to access the Services.
- Content: Any text, images, videos, data, or other materials submitted, posted, or generated by users through the Services.
- EV: An electric vehicle owned or operated by a User.
- Peer-to-Peer Charging Platform: The Plugcy service that connects EV owners with charging station providers for EV charging.
- Fast Chargers: EV charging equipment sold by Plugcy for home or commercial use.
- AI Energy Network: Plugcy’s artificial intelligence-driven service for optimizing energy consumption, charging schedules, and grid integration.
- User: Any individual or entity accessing or using the Services, including EV owners and charging station providers.
3. Account Registration and Security
3.1 Account Creation. To access certain features of the Services (e.g., peer-to-peer charging, purchasing fast chargers), you must create an Account by providing accurate, current, and complete information, including your name, email address, phone number, and, where applicable, government-issued identification for verification purposes.
3.2 Account Security. You are responsible for maintaining the confidentiality of your Account credentials (e.g., username, password) and for all activities conducted under your Account. You agree to:
- Use strong, unique passwords and enable multi-factor authentication where available.
- Notify Plugcy immediately of any unauthorized access or suspected security breach at [email protected].
- Not share your Account credentials with others or allow unauthorized access to your Account.
3.3 Identity Verification. To prevent fraud and ensure compliance with applicable laws (e.g., anti-money laundering regulations), Plugcy may require verification of your identity, including submission of government-issued identification or facial verification data. Failure to provide requested verification may result in Account suspension or termination.
3.4 Account Accuracy. You agree to promptly update your Account information to ensure it remains accurate and complete. Plugcy is not responsible for any issues arising from inaccurate or outdated Account information.
3.5 Account Termination. You may delete your Account at any time via the Plugcy App’s settings or by contacting us at [email protected]. Upon deletion, certain data may be retained as required by law (see our Privacy Policy).
4. Description of Services
Plugcy provides the following Services, subject to these Terms:
4.1 Peer-to-Peer EV Charging Platform. A platform connecting EV owners with private or commercial charging station providers to facilitate EV charging transactions.
4.2 Fast Charger Sales. Retail of EV fast-charging equipment for residential, commercial, or public use, available for purchase via the website or Plugcy App.
4.3 AI-Driven Energy Network Services. AI-powered tools to optimize EV charging schedules, energy consumption, and integration with energy grids, enhancing efficiency and sustainability.
4.1 Peer-to-Peer EV Charging Platform. A platform connecting EV owners with private or commercial charging station providers to facilitate EV charging transactions.
4.2 Fast Charger Sales. Retail of EV fast-charging equipment for residential, commercial, or public use, available for purchase via the website or Plugcy App.
4.3 AI-Driven Energy Network Services. AI-powered tools to optimize EV charging schedules, energy consumption, and integration with energy grids, enhancing efficiency and sustainability.
Plugcy reserves the right to modify, suspend, or discontinue any Service or feature at any time, with or without notice, subject to applicable law.
5. User Obligations and Conduct
5.1 Compliance with Laws. You agree to use the Services in compliance with all applicable local, state, national, and international laws, regulations, and ordinances, including but not limited to traffic laws, energy regulations, and data protection laws (e.g., GDPR, CCPA, LFPDPPP).
5.2 Accurate Information. You represent and warrant that all information provided to Plugcy, including Account data, payment details, and EV-related information, is accurate, complete, and not misleading.
5.3 Responsible Use. You agree to use the Services responsibly, including:
- Operating EVs and charging equipment in accordance with manufacturer guidelines and safety standards.
- Respecting the property and rights of other users, including charging station providers.
- Not engaging in any activity that disrupts, damages, or impairs the Services.
5.4 Charging Station Providers. If you provide charging services via the peer-to-peer platform, you represent and warrant that:
- Your charging equipment complies with applicable safety and regulatory standards (e.g., UL, CE, NOM certifications).
- You have the legal right to offer charging services at the listed location.
- You will maintain your charging equipment in safe and operational condition.
5.5 No Misrepresentation. You agree not to impersonate any person or entity, misrepresent your affiliation, or provide false information to Plugcy or other users.
6. Peer-to-Peer EV Charging Platform
6.1 Platform Functionality. The peer-to-peer charging platform facilitates connections between EV owners and charging station providers. Plugcy acts solely as a marketplace and does not own, operate, or maintain charging stations unless explicitly stated.
6.2 User Responsibilities. When using the peer-to-peer platform:
- EV Owners: You agree to pay applicable fees for charging services, comply with provider terms, and use charging stations in a safe and lawful manner.
- Charging Station Providers: You agree to provide accurate details about your charging station (e.g., availability, pricing, compatibility), maintain equipment safety, and honor agreed-upon transactions.
6.3 Disputes Between Users. Plugcy is not responsible for disputes between EV owners and charging station providers (e.g., regarding service quality or availability). Users are encouraged to resolve disputes directly, but Plugcy may mediate or suspend Accounts in cases of repeated issues.
6.4 Safety and Liability. You acknowledge that peer-to-peer charging involves risks, including equipment malfunctions or property damage. Plugcy is not liable for such risks, and you agree to hold Plugcy harmless for incidents arising from peer-to-peer transactions (see Section 14).
7. Fast Charger Sales
7.1 Purchase Process. Fast chargers may be purchased via the Plugcy website or App. All purchases are subject to availability, pricing, and these Terms.
7.2 Product Warranties. Fast chargers are covered by manufacturer warranties, as specified at the time of purchase. Plugcy does not provide additional warranties unless explicitly stated. Warranty claims must be directed to the manufacturer or as instructed by Plugcy.
7.3 Returns and Refunds. Returns and refunds are Bongiorno, are subject to our Refund Policy (available at www.plugcy.com/refunds). Defective products may be eligible for replacement or refund, subject to verification.
7.4 Shipping and Delivery. Plugcy will arrange shipping in accordance with the terms provided at checkout. Delivery times are estimates, and Plugcy is not liable for delays caused by third-party carriers.
7.5 Use and Installation. You are responsible for ensuring that fast chargers are installed and used in compliance with local laws, safety standards, and manufacturer guidelines. Plugcy is not liable for damages resulting from improper installation or use.
8. AI-Driven Energy Network Services
8.1 Functionality. The AI-driven energy network optimizes EV charging schedules, energy consumption, and grid integration based on data such as battery status, location, and usage patterns.
8.2 Data Usage. By using these services, you consent to the collection and processing of EV and location data, as detailed in our Privacy Policy. You may opt out of certain data collection via the Plugcy App settings.
8.3 Limitations. While Plugcy strives to provide accurate and efficient AI-driven recommendations, we do not guarantee specific outcomes (e.g., energy savings). The service is provided on an “as-is” basis (see Section 16).
9. Fees and Payment
9.1 Pricing. Fees for Services, including peer-to-peer charging and fast charger purchases, are displayed at the time of transaction. All prices are in the currency specified and include applicable taxes unless otherwise stated.
9.2 Payment Methods. Plugcy accepts payments via credit/debit cards, digital wallets, or other methods specified at checkout. All payments are processed by third-party payment processors (e.g., Stripe) in accordance with their terms.
9.3 Billing Disputes. You must notify Plugcy of any billing disputes within 30 days of the transaction by contacting [email protected]. We will investigate and respond within 15 business days.
9.4 Late Payments. Plugcy reserves the right to suspend or terminate access to the Services for non-payment of fees, subject to applicable law.
9.5 Taxes. You are responsible for any applicable sales, use, or other taxes associated with your use of the Services, unless otherwise stated.
10. Intellectual Property
10.1 Ownership. All content, software, designs, trademarks, and other intellectual property associated with the Services (collectively, “Plugcy IP”) are owned by Plugcy or its licensors and are protected by copyright, trademark, and other intellectual property laws.
10.2 Limited License. Plugcy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal or commercial purposes, as applicable, in accordance with these Terms. You may not copy, modify, distribute, sell, or create derivative works from Plugcy IP without prior written consent.
10.3 Trademarks. “Plugcy” and associated logos are trademarks of Plugcy LLC. Unauthorized use is strictly prohibited.
11. User Content and Licenses
11.1 User Content. You may submit Content (e.g., reviews, charging station details) to the Services. You retain ownership of your Content but grant Plugcy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, display, and create derivative works from such Content for the purpose of operating and promoting the Services.
11.2 Content Standards. You represent and warrant that your Content:
- Is accurate, lawful, and not misleading.
- Does not infringe on third-party rights (e.g., intellectual property, privacy).
- Is not defamatory, obscene, or otherwise objectionable.
11.3 Content Removal. Plugcy reserves the right to remove or modify Content that violates these Terms or applicable law, without notice or liability.
12. Prohibited Activities
You agree not to engage in any of the following activities:
- Using the Services for unlawful, fraudulent, or malicious purposes.
- Reverse-engineering, decompiling, or attempting to access the source code of the Services.
- Interfering with or disrupting the functionality, security, or performance of the Services.
- Uploading or transmitting viruses, malware, or other harmful code.
- Creating multiple Accounts to circumvent restrictions or manipulate the Services.
- Engaging in abusive, harassing, or threatening behavior toward other users or Plugcy staff.
Plugcy may investigate and take appropriate action, including Account suspension or termination, for violations of this section.
13. Termination and Suspension
13.1 By Plugcy. We may suspend or terminate your Account or access to the Services, with or without notice, for:
- Violation of these Terms or applicable law.
- Non-payment of fees.
- Fraudulent or unauthorized activity.
- Any other conduct that, in our sole discretion, harms Plugcy, its users, or the Services.
13.2 By You. You may terminate your Account at any time via the Plugcy App settings or by contacting [email protected]. Upon termination, your right to access the Services ceases immediately.
13.3 Effect of Termination. Termination does not relieve you of any obligations (e.g., payment of outstanding fees) or affect rights accrued prior to termination. Certain provisions (e.g., Sections 10, 14, 15, 19) survive termination.
14. Limitation of Liability
14.1 General Limitation. To the fullest extent permitted by law, Plugcy, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising from or related to your use of the Services, even if advised of the possibility of such damages.
14.2 Maximum Liability. Plugcy’s total liability for any claim arising from these Terms or the Services shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.
14.3 Peer-to-Peer Risks. Plugcy is not liable for any damages, injuries, or losses arising from peer-to-peer charging transactions, including equipment malfunctions, property damage, or disputes between users.
14.4 Jurisdictional Limitations. Some jurisdictions do not allow certain limitations of liability. In such cases, Plugcy’s liability shall be limited to the extent permitted by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless Plugcy, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:
- Your violation of these Terms or applicable law.
- Your use or misuse of the Services.
- Your Content or interactions with other users.
- Your violation of third-party rights, including intellectual property or privacy rights.
Plugcy reserves the right to assume control of the defense of any claim for which we are entitled to indemnification, and you agree to cooperate fully in such defense.
16. Disclaimers and Warranties
16.1 As-Is Basis. The Services are provided on an “as-is” and “as-available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
16.2 No Guarantee of Availability. Plugcy does not guarantee that the Services will be uninterrupted, error-free, or available at all times. We are not responsible for disruptions caused by third-party providers, network failures, or other external factors.
16.3 AI and Recommendations. AI-driven energy network services are provided for informational purposes only. Plugcy does not guarantee the accuracy, completeness, or effectiveness of AI recommendations.
16.4 Charging Equipment. Fast chargers are subject to manufacturer warranties only. Plugcy disclaims any responsibility for defects, malfunctions, or damages caused by improper use or installation.
17. Third-Party Services and Links
17.1 Third-Party Services. The Services may integrate with third-party services (e.g., Stripe for payments, Google for analytics). These services are governed by their own terms and policies, and Plugcy is not responsible for their performance or practices.
17.2 Links. The Services may contain links to third-party websites or applications. Plugcy does not endorse or control such third parties and is not liable for their content, functionality, or practices.
18. Modifications to the Terms
18.1 Right to Modify. Plugcy reserves the right to modify these Terms at any time to reflect changes in our Services, legal requirements, or business practices.
18.2 Notification. We will notify you of material changes via:
- Email to the address associated with your Account.
- A prominent notice on the website or Plugcy App.
- In-app notifications.
18.3 Effective Date. Modifications take effect upon posting or as specified in the notice. Your continued use of the Services constitutes acceptance of the revised Terms.
18.4 Archived Versions. Prior versions of these Terms are available upon request by contacting [email protected].
19. Governing Law and Dispute Resolution
19.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles, except where preempted by mandatory local laws (e.g., GDPR for EU residents).
19.2 Arbitration. Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration in Dover, Delaware, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English by a single arbitrator, and the award shall be final and binding. Each party shall bear its own costs, unless otherwise determined by the arbitrator.
19.3 Exceptions. Notwithstanding Section 19.2, you may pursue claims in small claims court or seek injunctive relief in a court of competent jurisdiction. EU residents retain the right to pursue claims in their local courts under GDPR.
19.4 Class Action Waiver. You agree to resolve disputes on an individual basis only. No class, collective, or representative actions are permitted.
19.5 Time Limitation. Any claim must be brought within one (1) year of the event giving rise to the claim, unless a longer period is required by law.
20. Force Majeure
Plugcy shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, cyberattacks, government actions, or third-party service failures, provided Plugcy takes reasonable steps to mitigate the impact.
21. Severability and Entire Agreement
21.1 Severability. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or competent authority, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
21.2 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Plugcy regarding the Services, superseding all prior or contemporaneous agreements, whether written or oral.
22. Contact Information
For questions, concerns, or complaints regarding these Terms or the Services, please contact:
PLUGCY LLC
Attn: Customer Support
8 The Green, Ste B, Dover, DE 19901, USA
Email: [email protected]
Phone: +1 (302) 581-4070
Attn: Customer Support
8 The Green, Ste B, Dover, DE 19901, USA
Email: [email protected]
Phone: +1 (302) 581-4070
We will respond to inquiries within 15 business days, unless otherwise required by law.
