Last Updated: January 2025
By accessing or using the services provided by Xplug, Inc. ("Xplug," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.
These Terms constitute a legally binding agreement between you and Xplug. We reserve the right to modify these Terms at any time. Your continued use of our services after such modifications constitutes acceptance of the modified Terms.
Xplug provides software-based coordination and informational services only. Our platform generates AI-powered, non-binding recommendations for electric vehicle charging and energy coordination.
Xplug is not:
All recommendations, suggestions, and outputs generated by our services are informational only and do not constitute binding commitments, guarantees, or professional advice. You are solely responsible for all decisions made based on information provided by our services.
Xplug does not operate, control, or maintain any physical charging infrastructure, vehicles, or energy systems. We provide software services that process coordination signals and generate recommendations based on available data.
Xplug makes no guarantees, warranties, or representations regarding:
Information provided through our services may be incomplete, inaccurate, or outdated. Charging station availability, pricing, and operational status are subject to change without notice and are controlled by third-party operators, not Xplug.
You are solely responsible for:
You acknowledge that Xplug's services are informational only and do not replace your judgment, responsibility, or legal obligations as a vehicle operator. You must exercise independent judgment and verify all information before relying on it.
Community Credit is a non-monetary, non-transferable, non-exchangeable system of points or credits that may be awarded by Xplug for participation in our services. Community Credit has no financial value and does not constitute:
Community Credit may be modified, suspended, revoked, or terminated by Xplug at any time, in our sole discretion, with or without notice. Community Credit cannot be redeemed for cash, goods, or services, and cannot be transferred, sold, or assigned.
Xplug makes no representations or warranties regarding Community Credit, including its availability, value, or continued existence. Community Credit is provided as-is and may be discontinued at any time.
Our services may integrate with or provide information about third-party charging networks, infrastructure providers, and other services. These third-party services are governed by their own terms of service, privacy policies, and operational rules.
Xplug is not responsible for:
Your use of third-party services is at your own risk. You are responsible for reviewing and complying with all terms and conditions applicable to third-party services you access through or in connection with our platform.
All content, software, technology, and materials provided through our services, including but not limited to text, graphics, logos, icons, images, audio, video, software, and algorithms, are the property of Xplug or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
Xplug retains all right, title, and interest in and to our services, including all intellectual property rights. You receive a limited, revocable, non-exclusive, non-transferable license to access and use our services solely for your personal, non-commercial use in accordance with these Terms.
You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on our services or any content provided through our services without Xplug's prior written consent.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
XPLUG DOES NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE AT ALL TIMES, OR BE FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XPLUG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR SERVICES AND YOUR USE THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XPLUG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XPLUG'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS (USD $100) OR (B) THE AMOUNT YOU PAID TO XPLUG IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, Xplug's liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Xplug, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Xplug reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Xplug's defense of such claim.
Xplug may terminate or suspend your access to our services, in whole or in part, at any time, with or without cause, and with or without notice, for any reason including but not limited to:
You may terminate your use of our services at any time by discontinuing access to our platform.
Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.