Terms and conditions

By creating an Eddie User Account and/or and using AXSO’s proprietary Eddie mobile application software or web portal (collectively, the “Software”), and its related package(s), features, functionalities, add-ons and the outputs, reports, analysis, data, tables, charts and similar information or content generated by the Software (collectively, the “Products”), you accept these Driver Terms of Use. Furthermore, you agree to consult the Eddie Driver Terms of Use from time to time and acknowledge that your continuing use of the Software means that you have accepted any changes that may have been made. ALL OF THE SERVICES OFFERED BY US ON THE SOFTWARE ARE CONDITIONAL ON YOUR ACCEPTANCE OF THESE DRIVER TERMS OF USE AND OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH FORMS AN INTEGRAL PART HEREOF.

For the purposes hereof, the terms “AXSO”, “we,” “us,” and “our” mean AXSO Inc., a corporation incorporated in the Province of Québec, Canada.

IF YOU DO NOT AGREE TO THESE DRIVER TERMS OF USE, YOU SHOULD CANCEL YOUR EDDIE USER ACCOUNT IN THE SOFTWARE USING THE “DELETE ACCOUNT FEATURE” AVAILABLE IN YOUR USER PROFILE AND CEASE YOUR USE OF THE CHARGING SERVICES (AS DEFINED BELOW).

NOTE: THESE DRIVER TERMS OF USE CONTAIN CERTAIN LIMITATIONS ON LIABILITY AND DAMAGES AND DISCLAIMERS OF EXPRESS AND IMPLIED WARRANTIES.

Pour obtenir une copie des Conditions d’utilisation Eddie pour les conducteurs en français, veuillez cliquer ici

1. Definitions

“Applicable Laws” means any and all applicable (i) laws, statutes, rules, regulations, by-laws, codes, treaties, constitutions and ordinances, (ii) Orders, and (iii) policies, guidelines, standards, requirements, notices and protocols of any Governmental Authority.
“Charging Fees” means charges to Eddie Users and Eddie Guests for Charging Services.
“Charging Services” means services enabling Eddie Users and Eddie Guests to charge the battery of their electric vehicle at a Charging Station through the Networks.
“Charging Session” means a continuous session during which an Eddie User or Eddie Guest uses a Charging Station to charge an electric vehicle battery.
“Charging Station” means an electric vehicle supply equipment or a direct current fast charger that provides Charging Services.
“Eddie Guest” means an electric vehicle driver who has accessed the Charging Services and by doing so agreed to these Driver Terms of Use.
“Eddie Network” means a network of Charging Stations across Canada that is available to Eddie Users for Charging Services through the Software.
“Eddie User” means an electric vehicle driver who has created an Eddie User Account and by doing so agreed to these Driver Terms of Use.
“Eddie User Account” means an account created by an Eddie User on the Software that gives Eddie Users access to the Charging Services and allows them to pay or deposit funds to pay for the Charging Services.
“Equipment Operator” means the operator of the Charging Station(s) you as an Eddie User use for Charging Services through the Software.
“Governmental Authority” means any (i) federal, provincial, state, territorial, municipal, local or other government, domestic or foreign, (ii) governmental or public ministry, department, agency, tribunal, commission, board, bureau or instrumentality, domestic or foreign, (iii) any subdivision or authority of any of the foregoing, or (iv) quasi-governmental or private body exercising any regulatory, expropriation or taxing authority under or for the account of any of the above.
“Networks” means the Eddie Network and the Roaming Networks.
“Order” means any order, directive, judgment, decree, award or writ of any tribunal.
“Roaming Networks” means electric vehicle charging networks not operated or managed through the Eddie Network but on which Eddie Users are permitted to obtain Charging Services using their Eddie User Accounts.
“Taxes” means applicable tax, if any, applied to the Charging Fees and any other services provided by AXSO with respect to the Charging Services, including but not limited to goods and services tax/harmonized sales tax imposed by the federal and/or any provincial, territorial or municipal government (each, a “Tax”).‍

2. Modification of Conditions of Use

In order to continuously improve its processes and activities, AXSO reserves the right to modify these Driver Terms of Use or to include additional terms and conditions in them, at any time and at its sole discretion, approximately once every thirty (30) days. By using the Software and the Products, you agree to abide by and be bound by these Driver Terms of Use as amended. We will update this page and we will always indicate at the top of the Driver Terms of Use when they were last updated. AXSO will provide you with advanced notice of modifications to these Driver Terms of Use coming into effect in accordance with applicable laws. If you do not accept any changes we make to our Driver Terms of Use, do not use the Networks and/or the Charging Stations, and you should cancel your Eddie User Account if you have one. By continuing to use your Eddie User Account, the Networks, or the Charging Stations after we have posted changes to the Driver Terms of Use, you are deemed to agree to the updated Driver Terms of Use.

3. Becoming an Eddie Guest

You can be an Eddie Guest and use the Charging Services without setting up an Eddie User Account by [(i) downloading the Eddie Mobile Application and providing your e-mail address and payment information; (ii) by paying for Charging Services with an accepted credit card on Charging Stations that accept credit card payments; or (iii) by using a radio frequency identification card or mobile application made available to you by a Roaming Network]. By using the Charging Services as an Eddie Guest, you accept these Driver Terms of Use and our Privacy Policy, which governs AXSO’s use of your personal information.

4. Becoming an Eddie User

To become an Eddie User, you need to create an Eddie User Account. You can set up an Eddie User Account by downloading the Software. To download the Software on an Apple device use: https://apps.apple.com/ca/app/eddie/id6469721784?l=en-CA. To download the Software on an Android device use: https://play.google.com/store/apps/details?id=io.axso.eddie By becoming an Eddie User, you accept these Driver Terms of Use and our Privacy Policy, which governs AXSO’s use of your personal information. Following your account setup, you will receive an e-mail confirming creation of your Eddie User Account at the e-mail address you provided, including a copy of these Driver Terms of Use and our Privacy Policy. It is your responsibility to keep your Eddie User Account information, including your e-mail address, up to date. You can make changes to your information directly from your Eddie User Account in the Software.

5. Your Use of the Software

Your use of the Software and the Products is subject to all agreements with AXSO, including our Privacy Policy and any terms and conditions of sale or warranties provided during your purchase or use of any of our products or services, including without limitation any warnings or other terms posted on or near Charging Stations within the Networks (collectively, “Point-of-Sale Terms”), all of which govern our relationship with you. If there is any conflict or inconsistency between the provisions of these Driver Terms of Use and any Point-of-Sale Terms, these Driver Terms of Use will govern and prevail.

The Software and Products are made available to you and are provided exclusively for your personal and non-commercial use. You cannot use the Software and the Products in a manner that competes with AXSO’s activities.

You are prohibited from, and agree to refrain from, transmitting any information or content on the Software that is disturbing, inappropriate, obscene, fraudulent or likely to offend or expose any person or group of persons. You are also prohibited from and agree to refrain from transmitting to or submitting to the Software any information or content that you know to be false or misleading. You are prohibited from, and agree to refrain from, engaging in any activity related to the use of the Software and the Products that constitutes a criminal offence, an unlawful act, an infringement of the rights of AXSO, of an Equipment Operator or of a third party (including Eddie Users), or a violation of the Driver Terms of Use or the privacy policies of AXSO or of an Equipment Operator (“Privacy Policies”).

AXSO will automatically and without notice suspend your access to the Software and the Products if AXSO has reasonable grounds to believe that your use of the Software constitutes or is related to any criminal activity, unlawful act, an infringement of the rights of AXSO or a third party (including Eddie Users), a violation of the Driver Terms of Use or Privacy Policies, or an attempt to do the foregoing. AXSO also reserves the right to transmit automatically and without notice any information that AXSO deems relevant (including personal information) to an Equipment Operator, and the appropriate authorities to prevent or stop any criminal or unlawful act, especially if the privacy, integrity, safety, health and well-being (as applicable) of Eddie Users, the Equipment Operator, or their respective property is at risk.

You must not use on or introduce to the Software any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots or other harmful components, files, programs or computer codes designed to interrupt, destroy or limit the functioning of the Software. You may not attempt to gain unauthorized access to the Software or to an Eddie User Account, other computer systems or networks connected to the Software by password extraction or other means; interfere with or disrupt networks or servers connected to the Software or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to a person or entity, the Eddie User directory or other Eddie User information (including participants), or data on the use or any portion thereof for purposes other than those intended for the Software.

You must have a registered Eddie User Account. Your Eddie User Account information must be true, accurate, complete and up-to-date at all times.

You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your Eddie User Account. You agree that you will be solely responsible for activities that occur under your Eddie User Account. You are responsible for any use of your Eddie User Account resulting from your fault, including your negligence. If you become aware of any unauthorized activity, whether criminal or illegal, you agree to notify AXSO immediately by email or through the Software.

You acknowledge and understand that the Software (including any updates or upgrades) will i) cause your device to automatically communicate with our servers or those of our service providers and business partners to deliver our Software’s functionality (as described where you downloaded the mobile application, such as Apple App Store and Google Play, ii) affect app-related preferences or data stored in your device, and iii) collect personal information as set out in our Privacy Policy. Your telecommunications services provider may impose data charges when you use the Software and our services or for data charges for the updating or upgrading of the Software if you have not restricted updates and upgrades to Wi-Fi connections.

6. Minimum System Requirements

Access to certain package(s), features, functionalities and add-ons related to the Software can only be made through an Internet network and requires a prior connection to said network. The installation, operation, execution, performance and use of and access to certain package(s), features, functionalities and add-ons related to the Software require certain information technology infrastructure, including equipment, computers, servers and software. You are solely responsible for acquiring, servicing, maintaining and updating all information technology infrastructure and equipment, including your mobile device, servers, software and communications services (such as Internet access) (collectively, “System”) that are required to allow an Eddie User to install, operate, execute, perform, access and use the Software and for all expenses relating thereto (“Minimum System Requirements”). System and Minimum System Requirements for the Software are subject to change by AXSO (in AXSO’s sole discretion) without prior notice. You are solely responsible for ensuring that your System meets Minimum System Requirements.

7. Deposits for Charging Services

Before you can access the Charging Services through your Eddie User Account, you must deposit a minimum of $10 to your Eddie User Account through the Software. You must use an accepted credit card to deposit funds to your Eddie User Account. Currently Visa®, Mastercard®, and AMEX® credit cards are accepted. Prior to charging your credit card, an authorization process will occur for the amount of your transaction. AXSO uses a third-party payment processor (currently Stripe Payments Canada, Ltd.) to securely process credit card transactions, including deposits to your Eddie User Account. All Eddie User Account deposits received by AXSO are placed in a segregated account. The deposits to your Eddie User Account do not earn, and AXSO will not pay, interest. You may request reimbursement of the balance in your Eddie User Account by contacting Eddie customer service at support@eddie.eco. No deposits to your Eddie User Account are required to access Charging Stations that are free-of-charge or to access the Charging Services as an Eddie Guest.

8. Payment for Charging Services

You can pay for Charging Services on the Eddie Network via the Software. In some cases, you may also be able to pay for Charging Services on the Networks directly with a credit card, with a radio frequency identification card, or through a mobile application made available to you by a Roaming Network that allows you to use and pay for Charging Services simply by connecting the charging cable to your electric vehicle. Such alternative payment methods may be subject to their own terms and conditions, which AXSO does not control and for which AXSO does not bear any responsibility. We encourage you to read any such terms and conditions before using such payment methods.

If you pay for Charging Services using your Eddie User Account, your Eddie User Account will be debited the cost of the Charging Fees plus applicable Taxes after each Charging Session. If for whatever reason Charging Fees cannot be processed at the time of charging, charging information will be saved and your Eddie User Account will be debited those costs at a later time (note that this may result in charges appearing in your transaction history on a different date than the date on which you used the Charging Services). If the default credit card used to pay for Charging Services expires, AXSO may select another credit card saved to your Eddie User Account as the new default payment method. The balance of your Eddie User Account may become negative after a Charging Session, and you will need to replenish your Eddie User Account to cover any such negative balance. You will not be able to use the Charging Services while you have a negative balance in your Eddie User Account. You agree that AXSO may charge you for any negative balance in your Eddie User Account when you update your payment information.

Eddie Guest need to pre-authorize payment prior to accessing and using the Charging Services. Paying for Charging Services with a credit card as an Eddie Guest will result in a $100.00 pre-authorization debit on your credit card. After each Charging Session, your credit card will be debited only for the actual cost of the Charging Fees, plus applicable Taxes and a $2.00 transaction fee. To pay for Charging Services with a credit card as an Eddie Guest, you must have a valid credit card. If your credit card is rejected for any reason, you will not be able to access the Charging Services.

If you have questions regarding your transaction history or any correction thereto, or if you wish to dispute any transaction or correction that has been applied to your Eddie User Account, please contact Eddie customer service at support@eddie.eco within thirty (30) calendar days of the transaction in question. Assuming you provide sufficient details, AXSO will review your claim and respond with its findings. If AXSO finds a billing error, AXSO will correct the error after completing its review of such claim. If you are an Eddie User, any reimbursements by AXSO for billing errors will be made in the form of a deposit to your Eddie User Account; AXSO will not make reimbursements to credit cards or issue cheques. If you used the Charging Services as an Eddie Guest, any reimbursements by AXSO for billing errors will be made in the form of a credit on the credit card you used to pay for the Charging Services. AXSO will not be responsible for any expenses incurred or direct or indirect damages resulting from billing errors. If AXSO does not find a billing error, AXSO will explain its findings. AXSO will not review or correct any billing error submitted by an Eddie User or Eddie Guest more than thirty (30) calendar days from the date of the transaction.

Should you fail to replenish a negative balance in your Eddie User Account, in addition to any other remedies available at law or in equity, AXSO may close your Eddie User Account and terminate your access and right to use the Networks. AXSO may also decline to open a new Eddie User Account for you in the future.

9. Charging Station Location and Availability

For the convenience of Eddie Users and Eddie Guests, AXSO provides a map of available Charging Stations on the Networks via the Software. This information is provided for informational, personal and non-commercial purposes only, and, while AXSO uses commercially reasonable efforts to keep the mapping information accurate, complete and up-to-date, AXSO cannot and does not warrant that it is error-free AXSO assumes no direct or indirect liability in the event that actual Charging Station availability and/or terms of use differ from the information provided on the map in the Software.

10. Fees

Charging Fees are set by Charging Station owners, at their sole discretion and in accordance with applicable law. Charging Stations may display applicable Charging Fees in different ways. Charging Fees are also posted on the Charging Station map available on the Software; in the event of a conflict, the pricing posted at the Charging Station prevails over any pricing shown on the Charging Station map. Note that Taxes may be payable on Charging Fees.

For Charging Stations on the Eddie Network, Charging Fees may be billed at a fixed rate or by energy consumed. When the Charging Fee is a fixed rate, the Charging Session will be billed at the fixed rate, no matter how much energy your electric vehicle draws from the Charging Station. When the Charging Fees are energy-based, the Charging Session is billed based on the quantity of energy your electric vehicle draws from the Charging Station. Quantity of energy transferred is calculated at the Charging Station level. Calculations reported by your electric vehicle may differ from the Charging Fees determined by the applicable Charging Station; in the event of a discrepancy, the calculation determined by the applicable Charging Station will prevail.

To the extent that the Charging Stations are reserved for private access only (i.e. where access to such Charging Stations by the general public is restricted, such as in the case of Charging Stations reserved for residents of a multi-unit residential building), depending on the payment option selected by the Equipment Operator, you may be charged a fixed monthly subscription fee of $13.95 plus applicable Taxes by AXSO for use of the Charging Station, in addition to any Charging Fees you may incur while accessing and using the Charging Services. For greater clarity, there is no cost to create or use an Eddie Account.

Charges, including Charging Fees and the monthly subscription fee referred to above, may be processed through your Eddie Account by AXSO on behalf of third parties, when an Eddie User enters into separate transactions for Charging Services with third-party Equipment Operators.

For Charging Stations on Roaming Networks, Charging Fees will be based on the rules of the Roaming Network. It is your responsibility to confirm any Charging Fees in advance of starting a Charging Session on a Roaming Network.

Any additional fees associated with accessing and using the Networks (e.g., cellular data fees incurred for use of a smart phone, idle fees, currency conversion fees, roaming fees, or parking fees/tickets where applicable) are your sole responsibility.

11. Charging Sessions

Any Eddie Guest or Eddie User with a valid Eddie User Account containing a positive balance of any amount may use the Charging Services at any Charging Station available to such Eddie User on the Eddie Network. To activate a Charging Station that is on the Eddie Network, you must use your smart phone or RFID card to find the Charging Station though the Software and follow the instructions provided to start the activation process, or, if applicable, tap the access card provided to you by an Equipment Operator on the designated area on the Charging Station.

You are responsible for reviewing and follow any safety instructions posted on or around the Charging Station and visually inspecting the Charging Station for any visible damage prior to starting a Charging Session. If you see any damage, please call the support number indicated on the Charging Station or follow the procedure described in the Software to confirm whether the Charging Station is safe to use prior to commencing a Charging Session.

Note that these Driver Terms of Use provide for important limitations on AXSO’s liability for any damage caused while using a Charging Station on the Networks.

12. Transaction Receipt

After each Charging Session, you will receive a receipt of the transaction on the Software and/or at the e-mail address specified in your Eddie User Account.

13. Obligations of Eddie Users and Eddie Guests

You agree to pay all Charging Fees for the Charging Services initiated by you or through the use of any means described in Section 7 herein.

You agree to use the Charging Services as would a reasonable person for the purposes for which the Charging Services were designed, in compliance with these Driver Terms of Use, and not for any commercial purpose. To use the Charging Services, you must ensure that your electric vehicle is in proper functioning condition and that its battery and connecting apparatus are compatible with the Charging Station. Each Eddie User Account is for a single user only; only you are authorized to obtain Charging Services using your Eddie User Account.

You agree to use the Charging Services and the Charging Stations in compliance with (i) all Applicable Laws; and (ii) all specifications and guidelines provided by the Equipment Operator or AXSO, including as communicated in the Software.

You agree not to make your Eddie User Account or any access card provided to you to obtain the Charging Services available to any third person. AXSO assumes no direct or indirect liability for any use of a Charging Station by a third person using your Eddie User Account. You must comply with all applicable laws, regulations, and rules related to the Charging Stations and/or the property on which the Charging Stations are located, including any membership provisions and pricing arrangements required by an Equipment Operator. You are solely responsible for any damage that you or a third party using your Eddie User Account cause to a Charging Station or the area in which it is located and you must immediately inform Eddie customer service in writing of any such damage at support@eddie.eco, including by providing to Eddie customer service the location, Charging Station number, type of damage caused and, if available, a photo of the damage. IN CASE OF EMERGENCY OR ANY SITUATION THAT COULD THREATEN HUMAN LIFE OR CAUSE SERIOUS INJURY TO PERSONS OR SIGNIFICANT DAMAGE TO PROPERTY, YOU MUST CALL 9-1-1 IMMEDIATELY AND FOLLOW THE INSTRUCTIONS GIVEN TO YOU.

You represent that you are at least eighteen years of age and have a valid driver’s license. If you are not the owner of the electric vehicle for which you are obtaining Charging Services, you represent that you have obtained valid authorization from the owner of the electric vehicle to use the Charging Station. You represent that all information in your Eddie User Account is accurate and up-to-date and agree to take all steps necessary to update your Eddie User Account information within a reasonable time if the information changes. If you are an Eddie Guest, you represent that all information you provide via the Eddie Mobile Application is accurate and up-to-date.

You agree not to tamper with or otherwise make any modification to any Charging Station or to the charging system of your electric vehicle. You agree not to perpetuate any fraud or engage in any unlawful action against AXSO or its affiliates in relation to the Charging Stations or the Networks. Should AXSO discover that you have engaged in any such action in breach of these Driver Terms of Use, in addition to any other remedies available in these Driver Terms of Use or at law or in equity, AXSO reserves the right to contact local authorities and to calculate and deduct any amount owing from your Eddie User Account or, if you are an Eddie Guest, the credit card you used to start a Charging Station. .

14. Termination of the Software and/or Products

We reserve the right to suspend, and/or terminate, at any time, without warning, full or partial access to the Software and the Products, including your Eddie User Account. We additionally reserve the right to discontinue uploading information to the Software and the Products, in which case we shall not be held responsible for any damages.

You may terminate your agreement with AXSO under these Driver Terms of Use by cancelling your Eddie User Account at any time, without any fees or penalty other than as provided herein, including replenishing any negative balance in the Eddie User Account, using the “Delete my account” feature available in your user profile in the Software.

Upon any such termination, the provisions of these Driver Terms of Use shall continue to apply to any and all activities that took place hereunder, including without limitation the provisions included in Sections 19, 21 and 22.

Upon termination, the Eddie User Account you have created will be closed and any balance remaining in your Eddie User Account at the time of termination will be reimbursed to you, net of any amounts owing by you to AXSO, as described in Section 7 above.

15. Material for Information Purposes

You may access and use the Software to obtain information regarding Charging Station locations on the Networks and other content and features that AXSO may make available from time to time. You acknowledge and agree that AXSO may modify the Software in any way and at any time, with or without notice. You further acknowledge and agree that, while AXSO has attempted to provide accurate information on the Software, such information may change frequently. In no event will AXSO be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Software, nor does AXSO warrant that any such information, materials, or other content is up-to date.

16. Comments

You can provide AXSO with comments and feedback about your experience with the Software and AXSO’s Products (your “Comments”). You must be the author of your Comments and they must not violate the intellectual property rights of others. You hereby grant to AXSO a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use or incorporate into the Software, the Products, and any other AXSO products or services, or for any other purposes, any Comments you provide. You hereby grant AXSO a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to publish, reproduce and distribute said Comments by any means of communication controlled or authorized by AXSO. You hereby waive any moral right you have on or to your Comments and you authorize AXSO to modify them to make them easier to understand and to identify you as the author. AXSO is under no obligation to publish your Comments or keep them accessible, this decision being at its sole discretion.

17. Violation of Driver Terms of Use

You agree that AXSO may, in its sole discretion and without prior notice, terminate your access to the Networks and/or block your future access to the Networks if AXSO determines that you have violated these Driver Terms of Use or other agreements or guidelines which may be associated with your use of the Networks. You also agree that any violation by you of these Driver Terms of Use may cause irreparable harm to AXSO, for which monetary damages would be inadequate, and you consent to AXSO obtaining any injunctive or equitable relief that AXSO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies AXSO may have at law or in equity.

You agree that AXSO will not be liable to you or to any third party for termination of your access to the Networks or the Software for any reason.

18. Hyperlinks

The Software contains hyperlinks that may direct you to the websites of our service providers or third parties. The fact that the Software offers links to other websites does not mean that AXSO endorses or approves their content, products, services or publications. The content available through these hyperlinks is not governed by AXSO’s policies. AXSO assumes no liability, whether direct or indirect, for any damage you may suffer when you are redirected to another website by means of a hyperlink.

19. Aggregate Analytic Data

In order for AXSO to provide you with certain features and functionalities included in the Software and the Products, AXSO has to collect, compile, anonymize and aggregate certain data from your use of the Software and the Products. By your use of the Software and Products, you grant AXSO all rights, titles and interest necessary for AXSO to convert the information it collects from you via the Software into anonymized and aggregated analytic data and agree that AXSO may use, such anonymized and aggregated data, even following the termination of your use of the Software and Products, the whole in accordance with applicable laws and AXSO’s Privacy Policies. You agree that the rights described herein are conferred in full consideration of the provision of the Software and that you have no interest or rights of any kind in such anonymized and aggregated data. In compliance with provincial and federal legislation and AXSO’s Privacy Policies, AXSO will take all reasonable steps to ensure that the confidential information converted into anonymized and aggregated data or disclosed in any way to third parties shall be fully anonymized and aggregated and thus no longer subject to the protection of privacy legislation.

20. Disclaimer Clause

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE NETWORKS, THE SOFTWARE, THE PRODUCTS, AND THE CHARGING STATIONS IS AT YOUR SOLE RISK. THE NETWORKS, THE SOFTWARE, THE PRODUCTS, AND THE CHARGING STATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. AXSO PROVIDES THE NETWORKS, THE SOFTWARE AND THE PRODUCTS, AND EACH EQUIPMENT OPERATOR PROVIDES THE CHARGING STATION, ON A COMMERCIALLY REASONABLE BASIS (SUBJECT AT ALL TIMES TO SITE CONDITIONS, SITE RULES, CHARGING STATION RULES, AND OTHER FACTORS THAT COULD LIMIT AXSO’S OR A EQUIPMENT OPERATOR’S ABILITY TO PROVIDE THE FOREGOING) AND AXSO DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE CHARGING STATIONS AT ANY GIVEN TIME OR LOCATION, OR THAT THERE WILL BE CHARGING STATIONS LOCATED IN A SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE NETWORKS, THE SOFTWARE, THE PRODUCTS, AND THE CHARGING STATIONS ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF YOUR ELECTRIC VEHICLE, MOBILE DEVICE, OTHER PROPERTY OR ANY OTHER DAMAGES OR LOSS (INCLUDING BODILY INJURY) THAT RESULT FROM SUCH ACCESS OR USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXSO MAKES NO WARRANTY REGARDING THE NETWORKS, THE SOFTWARE, THE PRODUCTS, AND THE CHARGING STATIONS AND/OR THEIR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT:

THEY WILL MEET YOUR NEEDS AND EXPECTATIONS;
THEY WILL BE ACCURATE, COMPLETE, RELIABLE OR RELEVANT;
THEIR OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE METHOD OF BILLING SELECTED BY THE EQUIPMENT OPERATOR COMPLIES WITH APPLICABLE LAW;
DEFECTS OR ERRORS WILL BE CORRECTED;
CHARGING STATIONS WILL PROVIDE A SPECIFIC QUANTITY OF ELECTRICITY; OR
CHARGING SESSIONS WILL BE COMPLETED WITHIN A CERTAIN PERIOD OF TIME.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL AXSO, ITS AFFILIATES, ANY EQUIPMENT OPERATOR OR HOST, AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS OR REPRESENTATIVES, OR ANY AFFILIATES THEREOF (EACH, AN “AXSO REPRESENTATIVE” AND COLLECTIVELY, “AXSO REPRESENTATIVES“) HAVE ANY RESPONSIBILITY OR LIABILITY, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR FRAUD), STATUTORY VIOLATION (INCLUDING, BUT NOT LIMITED TO, UNFAIR BUSINESS PRACTICES) OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PAIN AND SUFFERING, BODILY INJURIES, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, HARM TO BUSINESS OR REPUTATION, LOSS OF INFORMATION, ANY DATA BREACH, LOSS OF PROFIT, LOSS OF REVENUE OR INCOME, LOSS OF SALARY OR OTHER COMPENSATION FROM EMPLOYMENT), ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE NETWORKS, THE SOFTWARE, THE PRODUCTS, AND THE CHARGING STATIONS, EVEN IF AXSO OR ANY AXSO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXSO AND AXSO REPRESENTATIVES DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO USERS OF THE NETWORKS, THE SOFTWARE, THE PLATFORM, OR ANY CHARGING SERVICES OR ANY CHARGING STATION, OR OWNERS OR OPERATORS OF CHARGING STATIONS OR ANY OWNER, OPERATOR, LICENSEE, OCCUPANT OR OTHER PERSON ON OR RESPONSIBLE FOR ANY PROPERTY ON WHICH A CHARGING STATION IS LOCATED AND MAY IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR FRAUD), STATUTORY VIOLATION (INCLUDING, BUT NOT LIMITED TO, UNFAIR BUSINESS PRACTICES) OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM.

THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY; AND
THE USE OF OR INABILITY TO USE THE NETWORKS, ANY CHARGING SERVICES, OR ANY CHARGING STATION.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE DRIVER TERMS OF USE, AXSO IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE NETWORKS, THE CHARGING SERVICES, OR A CHARGING STATION, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXSO’S LIABILITY, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR FRAUD), STATUTORY VIOLATION (INCLUDING, BUT NOT LIMITED TO, UNFAIR BUSINESS PRACTICES) OR ANY OTHER LEGAL THEORY, SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY CHARGING FEES INCURRED ON THE NETWORKS AND PAID TO AXSO ARISING FROM YOUR USE OF THE NETWORKS IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST AXSO, OR (2) $100.00. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT PREJUDICE YOUR STATUTORY RIGHTS.

22. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, you will indemnify, defend and hold AXSO and AXSO Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties against the Indemnified Parties resulting from:

Any breach by you of these Driver Terms of Use;
Any damage you cause to a Charging Station, the Networks, the Software, the Products, the property of a third party while you are in the process of using a Charging Station or the Networks (including driving to or from same); or
Your violation of any applicable law, rule or regulation.

You agree that the Indemnified Parties will have no liability, whether in contract, breach of warranty, tort (including, without limitation, negligence, strict liability, or fraud), statutory violation (including, but not limited to, unfair business practices) or any other legal theory, in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs.

23. Generated Data

You acknowledge and agree that AXSO generates, compiles, stores and uses metadata to monitor and improve the Software and consents to such activities. You hereby grant to AXSO a non-exclusive, perpetual, royalty free right and license (including the right to sublicense) to gather, organize, aggregate, repurpose, combine and repackage metadata and data incorporating feedback and customer data generated by your use of the Software in order to provide maintenance and support for the Software, and to monitor and improve the Software.

24. Consent

You hereby expressly consent in favour of AXSO to (i) the installation of the Software and any subsequent version, update and upgrade thereto on your mobile device; and (ii) the receipt and sending of electronic messages by or from your mobile device in connection with your use of the Software and related functionalities. You can withdraw your consent at any time by uninstalling mobile application. To request assistance, please contact Eddie customer service at support@eddie.eco or follow the procedure provided in the Software.

25. IT Security

AXSO shall not be held responsible for any damages that you may incur as a result of your access to the Software under such circumstances. E-mail or telephone communications (including SMS) are neither secure nor confidential. They can be lost or intercepted, in much the same way as communications by other means (for example, by post). No electronic system is completely secure or error-free. We shall not be held responsible for any damages that you may incur from using our Software or from any exchange of e-mail or electronic messages (including SMS), whether originating from you or from us.

You alone are responsible for ensuring the protection and safekeeping of your data when using your computer platforms and devices.

26. Trademarks and Intellectual Property

All content (including text, illustrations, graphics, images, photographs, audio and video clips, software and codes available on the Software and the Products (collectively, the “Content”), including the manner in which the Content is presented, is protected by Canadian and foreign laws, notably under copyright law, and belongs to AXSO. You are prohibited from: i) capturing, copying, recording, using, reproducing, modifying, adapting, translating, downloading or transmitting the Content, in whole or in part, or otherwise permit access; ii) modifying, removing or covering any trademark or property notice included in or on the Content or the Software and the Products; and iii) decompiling, disassembling, decrypting, extracting the Software or performing reverse engineering on the Software and the Products or their components, including, but not limited to, software, or assist anyone in doing the foregoing. The unauthorized capture, recording and use of the Content displayed or broadcasted on the Software and the Products constitutes an infringement of the intellectual property rights of AXSO and its licensors.

Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Software and the Products may be trademarks belonging to AXSO, our service providers or used with the consent of third party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Software and the Products. Trademarks and the information contained on the Software and the Products, including comments from Eddie Users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.

27. AXSO Contact Information

You can send AXSO an e-mail at legal@axso.io.

You can access the AXSO Website at https://www.axso.io

You can send mail to AXSO at the following address:

AXSO Inc.

5700 des Galeries Boulevard

Suite 315

Quebec (QC) G2K 0H5, Canada

‍

You can call AXSO at the following number: 418-522-3705.

28. Governing Law

These Driver Terms of Use are governed by and construed in accordance with the laws of the jurisdiction where the relevant Charging Station you use is located, without regard to its choice of law or conflicts of law principles.

29. Entire Agreement

These Driver Terms of Use constitute the entire agreement between you and AXSO regarding your use of the Software and the Products and any other subject matter herein. If any portion of these Driver Terms of Use is declared or held unlawful, invalid, or unenforceable, then such portion of these Driver Terms of Use shall be deemed severed and shall not affect the validity or enforceability of the remainder of these Driver Terms of Use.

30. Enurement

These Driver Terms of Use are binding upon and shall enure to the benefit of both parties and their respective heirs, agents, legal representatives, assignees, successors (including any successor resulting from a merger or other statutory arrangement) and permitted assigns.

31. Assignment

You shall not assign or transfer your rights or obligations hereunder or otherwise without our prior written consent, which consent shall be at our sole discretion.

32. Waiver

Any waiver of any provision of these Driver Terms of Use will be effective only if in writing and signed by AXSO. The failure of a party to assert any right under these Driver Terms of Use shall not constitute a waiver of such party’s right. No failure or delay by either party in exercising any right under these Driver Terms of Use shall constitute a waiver of that right.

‍

Driver terms of use