Terms of Service

 

 Terms of Service 

Last Updated: [July 15], 2022 

Important: THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS. ALSO, THESE TERMS LIMIT THE REMEDIES AVAILABLE TO YOU. Please see Sections 8 and 9 to learn more. 

These Terms of Service (“Terms”) govern your use of the ChargeFuze application, website and technology platform (the “Services”) provided by Fuze Technology Inc. (“Fuze”). 

• The Services. The Services include the Fuze webpages and apps that link to these Terms, including the ChargeFuze app; email from Fuze and any other way you use the Fuze technology or your Fuze Account (as defined below). 

• Rentals. The Services facilitate the temporary use of portable device chargers (“Chargers”) from installations at various locations (“Stations”), either on a paid basis or under special terms and conditions (collectively, “Rentals”). Paid Rentals are priced using the pricing information specified by the Services at the time a Rental begins; see Sections 2 and 3 for more information. Any decision to make a Rental is in your sole discretion. 

These Terms are a legal agreement between you (“you” or “user”) and Fuze. By using the Services and/or initiating a Rental, you accept these Terms. If you do not agree to these Terms, don’t use the services. 

We reserve the right to modify or amend these Terms from time to time without notice other than updating the “Last Updated” date above, but we may notify you of material changes. Your use of Services after the “Last Updated” date constitutes your acceptance of the current Terms. Unless we provide you with specific notice, no changes to the Rental and Payments provisions of our Terms (Sections 2 and 3) will apply retroactively. 

1. Access, License and Use. 

(a) Fuze grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any derivative use of the Services or their contents; any downloading or copying of user account information; or any use of data mining, robots, cookies, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, or otherwise exploited for any purpose without Fuze’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. 

(b) Accounts. In order to enable certain features of the Services, you must register an account with us (an “Account”). For example, with limited exceptions, Rentals require an Account. Account Registration and Security. 

(i) When creating or updating an Account, you are required to provide us with certain personal information, such as your phone number (for our App), e-mail address and payment account information (“Payment Method”). 

(ii) You will provide and maintain: (a) true, accurate, current and complete information about yourself as prompted by the Services’ registration, sign-in, or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fuze has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fuze has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

(iii) We will use and retain your phone number for the limited purpose of verifying and authenticating your Account, and you consent to this use by providing us your phone number during Account registration. Our third-party payment processor stores your full Payment Method, which we receive only as necessary to bill your Account for Rentals. Otherwise, Fuze’s collection, use, and disclosure of all Registration Data (and other personal information from you) is governed by Fuze’s Privacy Policy, located at chargefuze.com/privacy. 

(iv) You may never use another’s Account without permission, or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated. 

(v) You are responsible for (i) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (ii) restricting access to your computer or mobile device. You accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account. 

(c) Copyright and Ownership. All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Fuze or its licensors, vendors, advertisers, agents and/or other providers (collectively, “Platform Providers”). All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, Content and all related rights shall remain the exclusive property of Fuze or its Platform Providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services. 

(d) Trademarks/No Endorsement. All trademarks, service marks and trade names utilized within the Services (including but not limited to: the ChargeFuzeTM trademark, Fuze corporate logo, and any names or logos of any advertisers) (collectively “Marks”) are trademarks or registered trademarks of Fuze or its Platform Providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Fuze prior written consent. 

2. Rentals 

(a) Depending on your location, the type of Stations available to you and any special events or terms applicable at the time and location of your Rental, you may be able to initiate a Rental in the following ways: 

(i) App. You may initiate a Rental by logging into your Account from our mobile app, selecting the station at your present location, and initiating a Rental. Pricing is displayed on the App at the time you initiate a Rental. 

(ii) Text. You may initiate a Rental by texting the Services using the number displayed on a station. As noted on our Stations adjacent to the text-to-rent number, by texting us, you consent to allow us to text you to complete the Rental, such as texting you information about pricing and notifications about deadlines to return the Rental. All Payment Methods terms and conditions in these Terms apply to any payment information you exchange with us via text. 

(iii) Credit Card. Certain Stations allow you to initiate a Rental by inserting your Credit Card into the station in exchange for a Rental Charger. Pricing is displayed on the station at the time you initiate a Rental. 

3. Payments 

(a) Methods & Payments 

(i) You may be required to provide Fuze with a valid credit card, debit card, or other payment account (“Payment Method”) in order to use certain Services, including Rental Services provided by Fuze. When you add a Payment Method to your Fuze account, you will be asked to provide customary billing information. You must provide accurate, current, and complete information when adding a Payment Method and it is your obligation to keep your Payment Method up-to-date at all times. All billing information will be collected, stored and used in accordance with our Privacy Policy, located at chargefuze.com/privacy. 

(ii) You represent and warrant to Fuze that you are authorized to use any Payment Method you furnish to Fuze. You authorize Fuze to charge the Payment Method for all fees incurred by you with respect to Rental Services (or other services offered by Fuze from time to time), including applicable sales, use, VAT/GST and other local government charges. 

(iii) If you dispute any charge on your account, you must contact Fuze within 10 business days from the end of the month within which the disputed charge occurred, and provide to Fuze all rental information that is necessary to identify the disputed charge, such as the date of the rental and the approximate starting and ending times of the use associated with the disputed charge. You agree to immediately inform Fuze of all changes relating to the Payment Method. 

(b) Pricing & Fees 

(i) Rental Pricing. Rentals are charged the prices the Services quote to you at the time of Rental (“Pricing”). Pricing varies based on the location and Station of the Rental. 

(A) General. Typically, Pricing is based on the time between picking up and returning a Rental Charger (e.g., $0.50 for a 30-minute period). 

(B) Maximum limit. The maximum amount you will be charged in respect of a completed Rental is $50. 

(ii) Loss Fee. In addition to applicable Pricing, you will also be charged a one-time Loss Fee if you (1) rent a Charger and never return it; or (2) permanently damage a Charger. 

(A) The applicable Loss Fee for your Rental will be presented to you by the Services at or about the same time as your applicable Pricing. However, if no Loss Fee is specified at the time of your Rental, the Loss Fee will be $50. 

(B) Loss Fees due to failure to return a Rental Charger are typically assessed within one week, but Loss Fees due to permanent damage may be assessed as many as sixty (60) days after the initiation of your Rental. 

(iii) Special Pricing. Notwithstanding the foregoing, we reserve the right to set Pricing on a fixed-fee basis, or otherwise adjust the maximum limit or Loss Fee. Any such special pricing and terms will be presented to you by the Services at the time you initiate a Rental. 

(A) Solely for any rental originating on location at the 2022 United States Open Tennis Championships in New York City, New York, there shall be Loss Fee or any other charge beyond the special event Rental pricing rate for any unreturned or damaged Charger rented at such event. 

(c) Payment Processors 

(i) You agree, understand and acknowledge that Fuze may engage third party payment processors and/or gateway service providers to facilitate processing of payments. Any such third party service providers are Third Party Platforms under these Terms. Accordingly, you may be required to follow any terms and conditions of such third party payment processors/gateway service providers, as communicated to you, from time to time. 

4. Solicited Submission Policy. 

(a) Where Fuze has specifically invited or requested submissions or comments, Fuze encourages you to submit content to Fuze that you have created for consideration in connection with such requests (“User Submissions”). User Submissions remains the intellectual property of the individual user. By submitting content to Fuze, you expressly grant Fuze a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Fuze shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. 

5. Third Party Platforms. 

(a) From time to time, the Services may incorporate components or features, or link to websites, that are not owned, operated or controlled by Fuze or its affiliates (“Third Party Platforms”). Use of Third Party Platforms may be subject to contractual terms established by those third parties. Fuze is not responsible for any functionality, content, materials or other information provided by, located on or accessible from any Third Party Platform. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding Third Party Platforms. 

(b) Transactional Partners. In some cases we may partner with another entity to co-promote their services within our Services. If you choose their services, you may be transacting directly with the other party. When using these partner pages, you are bound by partner Terms in addition to remaining bound by these Fuze Terms. When there is a conflict between these Terms and the partner’s Terms with respect to any dispute relating to Fuze or the Fuze Services, these Terms will prevail. 

6. Representations and Warranties. 

(a) You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of these Terms. In addition, you represent and warrant that your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant Fuze all of the rights granted herein; and (b) Fuze’s use of your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including without limitation rights of publicity and privacy, and defamation. 

7. Disclaimers. 

(a) YOUR USE OF THE SERVICES AND ANY RENTAL SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING  

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CHARGEFUZE, NOR ANY OF ITS AFFILIATES OR PLATFORM PROVIDERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER CHARGEFUZE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHARGEFUZE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

8. Binding Arbitration and Class Action Waiver 

(a) PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

(b) Scope. This Section 3 address disputes between you and Fuze. In the event that you have a dispute with one or more other users of the Services, you release Fuze (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

(c) Initial Dispute Resolution. The Fuze application contains means to receive support and address any concerns you may have regarding your use of Rental Services. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit. 

(d) Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. 

(i) Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. 

The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses). 

(ii) You agree to pursue any arbitration in an individual capacity and not as class representative or class member in any purported class action proceeding. 

(e) BY AGREEING TO ARBITRATE DISPUTES, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THEY ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES CONTEMPLATED HEREBY. 

9. LIMITATIONS OF LIABILITY. 

(a) FUZE DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. 

(b) IN NO EVENT WILL FUZE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

(c) IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR INFORMATION CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT WILL FUZE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIVE HUNDRED DOLLARS (US $500.00); or (B) THE TOTAL FEES YOU HAVE PAID TO FUZE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE THE PARTICULAR LIABILITY AROSE. 

(d) THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

10. Indemnity. 

(a) You agree to defend, indemnify and hold Fuze and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Services and any Rental Services provided by any entity; (ii) your violation of any term of this Agreement or any supplemental agreement such as the Rental Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any User Submission or other content, message or information that you provide to Fuze; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code. 

11. Miscellaneous. 

(a) Force Majeure. Neither Fuze nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. 

(b) Applicable law. Any claim relating to, and the use of, this Services and the materials contained herein is governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control.  

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by Fuze in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement. 

(c) Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2022, Fuze Technology Inc. and its related companies or its licensors. ALL RIGHTS RESERVED. 

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