Effective Date: March 28, 2023

Terms of Use

Please read these Terms of Use carefully as they create a binding agreement between you, the user, and EVIQO Technologies Limited "EVIQO", “EVIPOWER”, "we," "our" or "us", “Company”, together with our affiliates  (all together referred as a Contract).  These terms contain important information about your legal rights, remedies, and obligations. By purchasing EVIPOWER Smart EV Charger by EVIQO directly from EVIQO or an EVIQO-authorized reseller, distributor, or retailer, by using the hardware and embedded software, by using the EVIQO website or EVIQO app, or by using the EVIQO service, you agree to be bound by these Terms of Use.

If you disagree with these Terms of Use, you have the option to return the hardware within 30 days of purchase for a refund, on the condition that it remains unused (for purchase via Amazon channel, Amazon rules apply).

EVIQO provides an innovative electric vehicle charging solution to home users, consisting of advanced hardware and an integrated online services. Our intelligent charging devices offer sophisticated control of charging functions, accessible both locally on a network and remotely via the Internet through mobile application. Our comprehensive system is designed to provide a seamless and convenient charging experience, allowing users to easily and efficiently manage their electric vehicle charging needs.

1. Definitions

a) "Hardware" or “EVIPOWER” refer to the EVIPOWER Smart EV Charger by EVIQO, including its components and accessories;

b) "Embedded Software" refers to the embedded software and firmware within the EVIPOWER Smart EV Charger by EVIQO powered by the website and the mobile application;

c) "Website" refers to the EVIQO website (https://eviqo.io/);

d) "Service" refers to EVIQO's online service for controlling charging functions of intelligent charging hardware devices - EVIPOWER, which can be accessed via the Internet using the EVIQO app. 

e) "App" refers to EVIQO mobile application for controlling charging functions of intelligent charging hardware devices.

2. Account

2.1.  In order to use the EVIQO App or specific features of the App, you may need to complete a registration process. Accessing and using the App may also require specific credentials, such as a username and password. By using the App, you agree to treat your access credentials, including your user name and password, as confidential information.

2.2. If you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password, you must immediately notify the Company. Failure to comply with these obligations may result in loss or damage for which the Company will not be held liable. By submitting the requested information in the registration form in the App, you represent and warrant that the information you provide is complete, true, accurate, and current in all respects. It is your responsibility to maintain and update your account information promptly to ensure its accuracy and completeness.

2.3. The Company reserves the right to suspend, terminate, or discontinue your account and/or pending registration if there are reasonable grounds to suspect that the information you have submitted is untrue, inaccurate, not current, or incomplete, or if your registration, account, or use of the App violates applicable laws, regulations, or the provisions of this Terms of use.

2.4. EVIQO retains the right to deactivate user accounts and passwords if a user fails to log in for one year after registering the account. EVIQO may reclaim the account to prevent resource wastage, and any resulting adverse consequences shall be the user's responsibility.

3. User

3.1. The EVIQO account holder has the authority to authorize third parties to use the Service through their account providing the latter with all necessary access. These third parties will be treated as Service users and will be bound by these Terms of Use. The account holder assumes full responsibility for ensuring that all authorized individuals comply with these Terms of Use. For the avoidance of any doubts users are liable for any use of the Service made by themselves or anyone who accesses the Service using their username and password.

3.2. Users agree to adhere to these Terms of Use, as well as any additional notices, usage guidelines, and instructions provided by EVIQO.

3.3. Users agree that they are at least eighteen years old or have reached the legal age of majority in your state, whichever is higher. Users will always provide accurate, current, and complete information when using the EVIQO App. This includes any information users could submit through registration or submission forms, for which users have the necessary rights, permissions, or authority.

3.4. By accessing the EVIQO App, you acknowledge that you are doing so voluntarily and take full responsibility for complying with all applicable laws, rules, and regulations. This includes the use of any permitted copies of EVIQO App materials and information. If you access the EVIQO App on behalf of an organization, the organization is bound by these Terms of Use, and you are responsible for any breaches committed. You confirm that you have the necessary rights, power, and authority to agree to these Terms of Use on behalf of your organization.

3.5. Users agree not to utilize the EVIQO Service for any unlawful activities, actions that contravene these Terms of Use, or activities that may harm the interests of third parties or EVIQO. Additionally, users must refrain from engaging in any conduct that could negatively impact EVIQO's reputation or impede the regular functioning and enjoyment of the Service. The Service is to be used solely for personal or internal business purposes within the parameters outlined in these Terms of Use. Users are strictly prohibited from undertaking any actions that could cause harm to the Service, its operation, or its ongoing development.

3.6. These Terms of Use grants you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to utilize the EVIQO App. However, this license is contingent upon your ongoing adherence to the terms and conditions stated in this Terms. You are permitted to make a single print copy or take a single screenshot of the materials and information from the App strictly for your personal use. It is important to ensure that any hard copies include all copyright and other relevant notices found within those materials and information.

3.7. Apart from the rights explicitly granted herein, EVIQO does not provide any other express or implied rights to you or any other individual. Consequently, you are prohibited from modifying, translating, decompiling, creating derivative works of, copying, distributing, disassembling, broadcasting, transmitting, publishing, removing or altering any proprietary notices or labels, licensing, sublicensing, transferring, selling, mirroring, framing, exploiting, renting, leasing, private labeling, granting a security interest in, or using the App in any manner not expressly permitted herein or which in a manner which contradicts normal EV charger personal use. Furthermore, you must not, and must not permit any third party or individual to, disable, circumvent, or otherwise evade any security device, mechanism, protocol, or procedure implemented by EVIQO for the use of the App or respective network.

4. EVIQO Charging Restrictions

4.1. When charging an electric vehicle using an EVIPOWER Smart EV Charger by EVIQO, you are required to adhere to all relevant product, vehicle, safety, and technical documentation for both the charger and your vehicle.  

4.2. Please note that strictly following the information provided in the manual does not exempt the user from their responsibility to comply with all relevant codes and safety standards. For example, it is essential to use the appropriate equipment and connector type specifically designed for your vehicle. EVIQO strictly permits the use of charging adapters manufactured by automakers and EVIPOWER. The use of any other adapter with EVIPOWER is strictly prohibited.

4.3. Please be aware that EVIPOWER are intended exclusively for standard, industry-manufactured automotive land vehicles. It is strictly prohibited to use EVIPOWER for any other type of vehicle or electric transportation, including but not limited to electric boats, home-built electric vehicles, home-built onboard chargers and vehicles with personally modified chargers, unless you have obtained separate express prior written consent from EVIQO.

4.4. It is important to understand that failing to comply with the terms outlined in this paragraph, the Installation guide (user manual (included with EVIPOWER) may result in damages or losses for which EVIQO bears no responsibility under applicable law. Such damages may include harm to personal property or personal injuries. Furthermore, you acknowledge and agree to indemnify, defend, and hold EVIQO harmless against any damage experienced by any party that arises from your failure to comply with these Terms.

5. Features of the Service

5.1. Users can access the Service through the EVIQO App on compatible mobile devices. The Service is specifically designed to gather and process the data and information to enhance the efficiency of electric charging. However, only users who have registered in the App and follow these Terms of Use are authorized to utilize the Service such as Plug and Charge, Schedules, Delayed Start, Electricity Plans etc. 

5.2. To enhance the quality of the EVIQO Service and Hardware, EVIQO reserves the right to make unilateral changes to any component or aspect of the EVIPOWER Smart EV Charger by EVIQO hardware, Embedded Software, Website, EVIQO App, Service, or their functioning, without prior notice. Furthermore, users are encouraged to suggest improvements, share feedback, seek additional information, or address any concerns or inquiries regarding the Hardware, Website, App, or Service by contacting EVIQO at the email address provided in these Terms of Use. However, it is important to note that EVIQO is not obligated to accept any suggestions from users. Additionally, if a user provides any ideas, suggestions, or recommendations ("Feedback") to EVIQO, EVIQO shall have an unrestricted, perpetual, global license to copy, retain, utilize, and incorporate such feedbacks into its services or products, without the need for payment of royalties or any other compensation to the user.

In the event of a user's violation of these Terms of Use, EVIQO retains the right to block the user's access or delete their account. Additionally, EVIQO reserves the right to take any necessary legal actions as deemed appropriate.

5.3. Unless otherwise agreed to in writing by both parties, the users are responsible for the installation process. Upon the user’s request, EVIQO may provide a list of installers or facilitate the installation and servicing of the EVIPOWER through a third party. However, EVIQO does not make any representations or warranties regarding the quality of installation services performed by such installers, unless otherwise stated in a written agreement. EVIQO will not be held liable for any claims or issues arising from the installation services, unless specifically agreed to in writing.

5.4. Users can contact EVIQO for support by sending an email to info@eviqo.io or by calling

5.5. It is the user's obligation to accept all necessary fixes, including patches, bug fixes, updates, maintenance, and service packs for the proper functioning of EVIQO App and security of the EVIPOWER. EVIQO will release or push such fixes as part of its normal procedure. EVIQO shall not be held accountable for any liability, loss, damage, or other issues that may arise from the user’s failure or refusal to use the EVIQO App software updates. 

6. Hardware Limited Warranty, Product Repair or Replacement. 

6.1. EVIQO warrants to the user that the new EVIPOWER Smart EV Charger by EVIQO will materially conform to the published specifications and be free from defects in materials and workmanship under normal use during the warranty period for residential use in the USA and Canada, which starts from the date of purchase and is subject to proof of purchase. The warranty period for the products is twenty four (24) months from the date of purchase, subject to proof of purchase (referred to as the “Warranty”). 

6.2. The Warranty period can be extended with the purchase of an extension from EVIQO (referred to as the "Extended Warranty Period"). The Warranty will be void if the product is used in a manner inconsistent with its intended purpose or design as described in Installation Guide and EVIQO’s Website altered, maintained contrary to EVIQO's instructions or warnings, or subjected to misuse, abuse, neglect, accidents, or external forces. Normal wear and tear is not covered by the Warranty.  All applicable warranties for the product are detailed in the Warranty (including any extensions) and are incorporated into these Terms by reference to the page no.25 of the Installation guide. Proof of purchase is required for the Warranty and Extended Standard Warranty to be valid.

6.3. During the Warranty Period, EVIQO will, at its discretion, repair or replace any defective EV Charger upon receipt of written notice from the original purchaser, indicating the defect and received within the Warranty Period. The Warranty covers parts and factory labor required for repairing the EV Charger. However, it excludes any on-site labor costs associated with uninstallation or reinstallation of the repaired or replaced EV Charger. Users are solely responsible for correctly uninstalling any defective unit and installing the repaired or replacement of the product that is returned to you. The cost of shipping the product to the designated address for repair or replacement is not included in the Warranty.

6.4. EVIQO may provide remanufactured or reconditioned parts or refurbished or repaired charging stations as replacements under the Warranty. Any replaced parts, regardless of warranty coverage, remain the property of EVIQO. Replaced parts or charging stations are covered for the remaining duration of the original Warranty Period. In cases where the product is determined by EVIQO to be out-of-warranty or ineligible for warranty service, it will be returned to you. However, with your approval, EVIQO can provide repair or replacement services at their standard charges, which will be at your expense

If a replacement product or part is provided, it assumes the remaining Warranty of the original product, or a period of 30 days from the date of replacement or repair, whichever is longer. The user agrees to return the nonconforming hardware and all its parts to EVIQO upon request (e.g., for repair purposes or when EVIQO ships a replacement product and requests the return of the original product). If any parts of the returning product are missing, the user will not have the right for replacement or refund and could lose the warranty under this Terms of Use.

* Disclaimers. Except for the express warranty stated in this Section 6 and to the maximum extent permitted by applicable law, the product, including the embedded software, and any software or related services provided by EVIQO are provided "as is." EVIQO and its suppliers expressly disclaim all other warranties, whether express, implied, oral, statutory, or otherwise, regarding any matter covered by this Contract. Without limiting the foregoing, EVIQO and its suppliers specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing or usage of trade. Furthermore, EVIQO and its suppliers do not warrant, guarantee, or make any representations that the product will operate uninterrupted or error-free, in combination with materials or products not provided by EVIQO, or be free from bugs. EVIQO does not warrant that any errors can or will be corrected. No oral or written information or advice given by EVIQO personnel or resellers shall create a warranty or expand the scope of the warranty contained in this Section 6.

7. Confidential Information 

7.1. Users may have access to their confidential or proprietary information belonging to EVIQO. User agrees not to use or disclose such information without prior written consent from EVIQO, both during and after the Term of use of the product. Users further agree not to decompile, deconstruct, or reverse engineer any information provided by EVIQO.

8. Intellectual and Industrial Property Rights

8.1. The EVIPOWER Smart EV Charger by EVIQO hardware, Embedded Software, Website, EVIQO App and Service, along with all their components and constituent parts, including devices, technologies, source code, designs, text, trademarks, logos, videos, and images, are protected by intellectual property laws and rights. EVIQO and its licensors own these intellectual and industrial property rights or have obtained the necessary authorizations or licenses from the respective owners. Therefore, Users must not take any actions that infringe upon EVIQO's or its licensors' intellectual property rights, nor challenge, oppose, or interfere with any applications made by EVIQO or its licensors for intellectual property protection related to these assets.

9. Limitation of Liability

9.1. EVIQO's total liability arising from these Terms of Use (including any associated warranties) will be limited to the amount paid to EVIQO for the specific EVIQO product giving rise to the claim. EVIQO shall not be held liable for the costs of acquiring substitute goods by anyone. Under no circumstances shall EVIQO be liable to the users or any other individual or entity for any special, consequential, incidental, exemplary, punitive, indirect, or other non-direct damages. This includes damage to or loss of use of any product, lost sales or profits, or damages or losses resulting from a delay or failure to fulfill any warranty obligation under this Contract, or arising from the use of, inability to use, or repair or replacement of any product. This limitation applies regardless of the cause of action, whether it be negligence, breach of contract, or otherwise, and regardless of whether EVIQO was notified of the possibility of such damages. These limitations remain in effect even if the limited or exclusive remedy fails to fulfill its essential purpose.

9.2. The remedies provided in Section 6 are the sole and exclusive remedies available to the users and replace any other rights or remedies the users may have against EVIQO regarding nonconformity of the EVIQO products.

9.3. EVIQO maintains its service and may need to temporarily interrupt its availability for maintenance purposes. Additionally, you acknowledge that various factors beyond EVIQO's control can affect the operation of the service, including but not limited to Internet or network outages, environmental conditions, network overload, loss of connectivity, and actions of third-party software. EVIQO is not liable for any unavailability of the service caused by these events.

10. Privacy Policy

10.1. All personal data collected during users registration and/or while using the EVIQO App, Website or Service is subject to EVIQO's Privacy Policy, which is incorporated by reference in these terms. The Users explicitly consents to the processing of their personal data for the collection and use of personal data as described in the Privacy Policy. If you request the deletion of all your personal data, your account will be terminated and the Contract between you and EVIQO will cease.

10.2. Upon termination of your EVIPOWER account, we will delete all your personal data without further notice, unless you expressly authorize the retention of personal data for the purpose of receiving marketing, promotional, and/or advertising communications.

11. Amendments

11.1. EVIQO may, from time to time, amend the Terms of Use by posting a new version on the Website. It is the User's responsibility to regularly check for amendments to the Terms of Use. By continuing to use the EVIPOWER Smart EV Charger by EVIQO hardware, Embedded Software, website, EVIQO App and Service after the posting of the new Terms of Use, you indicate your acceptance of the changes. If you do not agree to the changes in the Terms of Use, you must cancel your account and discontinue the use of the EVIPOWER Smart EV Charger by EVIQO hardware, Embedded Software, website, EVIQO App and Service.

12. Term and Termination

12.1. These Terms of Use will remain in effect as long as you maintain an active EVIQO account in the App and continue to use the Service. If you decide to terminate this Contract, you must cease using the EVIQO  App, and the Service, and EVIQO has the right to delete your account information.

12.2. If your account remains inactive for a period exceeding 12 months, EVIQO has the right to terminate your account and the Contract with you. We will notify you at the email address associated with your account.

12.3. In the event of a material breach, default, or failure to comply with any provision of these Terms of Use, EVIQO reserves the right to terminate the Contract by notifying you at your last known email address.

13. Written Communications

13.1. By accepting these Terms of Use, you acknowledge that the majority of communications with EVIQO will be conducted electronically. EVIQO will communicate with you via email or by displaying notices within the Service. You consent to the use of these electronic communication methods and acknowledge that any notices, information, or other communications sent electronically by EVIQO fulfill any legal requirement of being in writing.

14. Applicable Law

14.1. These Terms of Use are governed by the internal laws of the State of California, United States, without giving effect to its conflicts of laws principles. 

15. Customer service and support

15.1. If you need to contact customer service for assistance, you can do so using the following methods:

16. Force Majeure.

Under no circumstances shall EVIQO be considered in default or held liable for any delay in or failure to fulfill its obligations under these Terms of Use if such delay or failure is directly or indirectly caused by circumstances beyond EVIQO's control. These circumstances may include, but are not limited to, acts of God, natural disasters, fires, floods, earthquakes, pandemics, strikes, lockouts, labor disputes, shortages of materials, equipment or energy services, accidents, explosions, civil commotion, riots, wars, or governmental regulations or orders.

17. Miscellaneous

These Terms of Use represent the complete agreement and understanding between EVIQO and you, superseding all previous agreements, whether oral or written, relating to the subject matter of this Contract. Except as provided in Section 11, no amendment, modification, or waiver of any provision of this Contract shall be valid unless it is in writing and signed by both you and an authorized representative of EVIQO. If any provision or provisions of these Terms of Use are found to be unenforceable, the remainder of the Terms of Use shall remain in full force and effect. In such cases, the Terms of Use may be amended to remove or modify the invalid or unenforceable provision to make it valid, enforceable, and consistent with the original intent of the parties to the extent possible. The section headings in these Terms of Use are for convenience only and shall not affect the interpretation of the Terms of Use. EVIQO may assign its rights under these Terms of Use to any successor. You may not assign your rights or obligations under the Terms of Use without prior written consent from EVIQO. These Terms of Use are binding upon EVIQO, its successors, and assigns, as well as you, your heirs, representatives, successors, and assigns.