INTRODUCTION.
Welcome to our app (the “Volchar App”), a sophisticated mobile application provided by Volchar Inc ("the Company"). These Terms and Conditions outline the terms of use for the Volchar App and govern your relationship with the Company. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not accept these Terms in their entirety, you must refrain from accessing or using the App.
The Volchar App is an essential component of our commitment to providing innovative and eco-friendly solutions. It is designed to enhance your experience with our renewable energy products, particularly EV chargers. By using the Volchar App, you gain remote access and control over various aspects of your EV charger, allowing you to manage charging settings, schedule charging plans, view historical charging data, and authorize others' access to the charger.
We encourage you to carefully read these Terms and Conditions before using the Volchar App. If you have any questions or concerns, please do not hesitate to contact us. Your use of the App signifies your agreement to comply with these Terms and abide by all applicable laws and regulations.
Your privacy is of utmost importance to us. By using the Volchar App, you also agree to the terms outlined in our Privacy Policy, which governs the collection, use, and protection of your personal information.
We are committed to continuously improving our products and services to deliver a seamless and enjoyable user experience. As such, these Terms and Conditions are subject to change from time to time. Any updates or modifications will be communicated to you through the App. Your continued use of the Volchar App after any such changes indicates your acceptance of the revised Terms.
We value your trust in us and endeavor to provide you with a reliable and secure App. However, please be aware that your use of the Volchar App is at your own risk. The Company disclaims all warranties, express or implied, relating to the App, except as expressly stated in these Terms.
Thank you for choosing Volchar. We hope the Volchar App contributes to your sustainable and eco-conscious lifestyle.
SERVICES.
By seamlessly integrating with our EV chargers, the Volchar App offers users an enhanced and intuitive experience, empowering them to harness the full potential of our state-of-the-art charging solutions.
Description of Services:
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The Volchar App is purpose-built to provide users with a wide array of comprehensive features and functionalities, ensuring seamless interaction with our EV chargers. Through the App, users gain access to a multitude of capabilities, which include, but are not limited to:
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Remote Charging Control: With the Volchar App, users can remotely control their EV chargers from the convenience of their smartphones or tablets. This empowering feature enables users to initiate, pause, or terminate charging sessions, ensuring that their electric vehicles are always ready for the road ahead.
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Dynamic Charging Settings: The App enables users to effortlessly adjust and fine-tune the charging current and output power of their EV chargers. Through an intuitive interface, users can optimize the charging parameters to suit their specific requirements, promoting energy efficiency and enhanced charging performance.
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Scheduling Charging Plans: Taking advantage of the Volchar App's scheduling feature, users can create personalized charging plans. By establishing tailored charging schedules, users can capitalize on off-peak electricity rates, thereby optimizing cost savings while contributing to a more sustainable energy ecosystem.
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Charging Historical Data: The Volchar App offers users insightful access to charging historical data. Detailed records of charging activities, categorized by time, week, and month, provide valuable analytics for users to track their EV charging usage and make informed decisions.
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Charger Status Lights Control: Users can easily manage the status lights on their EV chargers through the App, tailoring the visual display to their preferences or specific environmental conditions.
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Device Authorization: The App facilitates secure device authorization, allowing users to grant access to their EV chargers to trusted family members or authorized individuals. Users can easily add or remove users through their admin accounts, ensuring control and privacy over their charging equipment.
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Smart Speaker Integration: Embracing cutting-edge technology, the Volchar App seamlessly integrates with popular smart speaker platforms, such as Amazon Alexa and Google Assistant. Through voice commands, users can exercise effortless control over their EV chargers, offering an unparalleled level of convenience.
While the Volchar App's current focus lies on our EV charger offerings, we are continuously innovating and expanding our product portfolio. As part of our unwavering commitment to sustainability and clean energy solutions, we anticipate future developments that will encompass a range of renewable energy products. As such, the Volchar App is positioned to serve as the nexus for managing and optimizing our growing line of innovative offerings.
The Volchar App has been meticulously designed with a user-centric approach, ensuring a seamless and intuitive interface that is accessible to all. By prioritizing user experience and functionality, we strive to deliver a truly exceptional and immersive digital environment that empowers users to embrace renewable energy solutions with confidence and ease.
At Volchar Inc, we are dedicated to continuously enhancing the Volchar App's capabilities, features, and security. Periodic updates and enhancements will be rolled out to ensure that users consistently enjoy the most cutting-edge and optimized experience possible.
In conclusion, the Volchar App represents a pivotal step forward in our vision of a sustainable and eco-conscious future. By integrating innovation, convenience, and environmental stewardship, we are excited to embark on this transformative journey alongside our esteemed users.
TECHNICAL REQUIREMENTS.
To ensure optimal functionality and performance, please review the following technical requirements:
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Compatible Devices: The Volchar App is available for download and installation on compatible Android and iOS mobile devices. To access the App's full range of features, users must have a smartphone or tablet running Android 5.0 (Lollipop) or later for Android users and iOS 10.0 or later for iOS users.
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Internet Connectivity: A stable and reliable internet connection is essential for seamless interactions with the Volchar App. Users must have access to a high-speed internet connection, such as Wi-Fi or mobile data, to ensure continuous functionality and real-time updates.
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Wi-Fi Network: For users seeking to enjoy the full array of remote control features and capabilities, the EV charger must be connected to a stable Wi-Fi network. This Wi-Fi connection enables users to remotely initiate and monitor charging sessions, adjust settings, and access charging historical data.
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Bluetooth Connectivity: Certain functionalities of the Volchar App leverage Bluetooth technology to facilitate communication with the EV charger. Users must ensure that their mobile devices have Bluetooth enabled and properly paired with the charger to utilize these specific features.
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Mobile App Permissions: Upon installation, the Volchar App may request access to specific device features and permissions. Users are encouraged to grant the necessary permissions to ensure the App's smooth operation and seamless integration with the EV charger.
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App Updates: To enjoy the latest features, enhancements, and security improvements, users should regularly update the Volchar App to the latest available version. Updates are provided through the respective app stores (Google Play Store for Android and Apple App Store for iOS).
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Device Storage Space: Ensure that your mobile device has sufficient available storage space to accommodate the installation and usage of the Volchar App. Insufficient storage may lead to performance issues and hinder the App's ability to function optimally.
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Regular Maintenance: Maintaining your mobile device in good working condition is crucial for ensuring the smooth operation of the Volchar App. Periodic device maintenance, such as clearing cache, freeing up storage space, and optimizing settings, can enhance the overall App performance.
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Device Compatibility: While the Volchar App is designed to be compatible with a wide range of devices, variations in device specifications and manufacturers may affect performance. Users are encouraged to verify their device's compatibility by checking the App's system requirements in the respective app stores.
ELIGIBILITY AND ACCOUNT REGISTRATION.
To access and fully utilize the wide array of features and functionalities offered by our renewable energy platform, including seamless interaction with our advanced electric vehicle (EV) chargers, users must comply with the following eligibility criteria and account registration process:
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Age Requirement: Users must be of legal age to enter into binding contracts in their respective jurisdictions. In the United States, this generally means individuals must be at least 18 years old to create an account and use the Volchar App. If you are under the legal age of consent, please refrain from accessing or using the App, as it is designed for adult users.
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Geographical Location: Currently, the Volchar App is available to users located within North America. Users outside this region may not have access to the App's full range of features and functionalities. By using the Volchar App, you acknowledge and confirm that you are located within North America.
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Account Registration: To unlock the full potential of the Volchar App, users must create an account. The account registration process requires providing accurate and up-to-date information, such as a valid email address or mobile phone number, for authentication and communication purposes.
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User Responsibility: Users are solely responsible for maintaining the confidentiality and security of their account credentials, such as usernames and passwords. You agree to promptly notify Volchar Inc of any unauthorized use of your account or any other breach of security.
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Accurate Information: By registering an account, you affirm that all information provided is accurate, complete, and up-to-date. You further commit to promptly update any changes to your account information to ensure its accuracy.
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Account Usage: Your Volchar App account is personal and non-transferable. You may not assign or share your account with any other individual or entity. Any misuse, improper account usage, or fraudulent activities are strictly prohibited and may result in account suspension or termination.
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Termination of Account: Volchar Inc reserves the right to suspend or terminate any user account at its discretion, for any reason, including, but not limited to, violation of these Terms and Conditions or applicable laws. In the event of account termination, users may lose access to all App features and historical data.
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Access to Services: By registering an account and using the Volchar App, users gain access to our renewable energy platform's comprehensive suite of features and functionalities. However, Volchar Inc reserves the right to modify, suspend, or discontinue any part of the App or its services at any time without prior notice.
USER OBLIGATIONS AND CONDUCT.
As users of the Volchar App, you play an integral role in fostering a safe, respectful, and positive community dedicated to embracing renewable energy solutions. By accessing and using the App, you agree to comply with the following user obligations and conduct guidelines:
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Compliance with Laws and Regulations: Users must adhere to all applicable laws, regulations, and policies while using the Volchar App. Engaging in any unlawful activities or violating third-party rights is strictly prohibited.
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Responsible Usage: You are solely responsible for your actions while using the Volchar App. Exercise caution and discretion in your interactions with the App's features and functionalities, ensuring that you do not misuse, abuse, or exploit the platform.
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Respect for Others: Treat fellow users, Volchar Inc, and its representatives with respect and courtesy. Harassment, defamation, bullying, or any form of harmful behavior towards others is not tolerated and may result in account suspension or termination.
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Prohibited Content: Users shall not upload, post, or share any content that is defamatory, offensive, obscene, discriminatory, or otherwise objectionable. Content must not violate any intellectual property rights, copyrights, or trademarks of third parties.
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No Unauthorized Access: You may not attempt to gain unauthorized access to the Volchar App, its servers, or any connected networks. Any hacking, reverse engineering, or circumventing security measures is strictly prohibited and may result in legal action.
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Data Protection and Privacy: Respect the privacy of others and refrain from sharing sensitive personal information without explicit consent. Users are encouraged to review and comply with the Company's Privacy Policy regarding the collection and handling of personal data.
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Reporting Violations: If you encounter any violations of these user obligations or suspect inappropriate behavior, promptly report the incident to Volchar Inc. We take such matters seriously and will investigate and take appropriate actions to address any violations.
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Use of Third-Party Services: In the event of integrating third-party services or platforms with the Volchar App, users are subject to the terms and conditions of those services. Volchar Inc is not responsible for the content, privacy practices, or actions of these third-party services.
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No Commercial Use: Users may not use the Volchar App for any commercial purposes, including advertising, marketing, or solicitation, without the express written consent of Volchar Inc.
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Compliance with Updates: Users are expected to comply with any updates or modifications to the Terms and Conditions or App functionality. Continued use of the Volchar App after such updates constitutes acceptance of the revised terms.
Consequences of Violation: Failure to abide by these user obligations and conduct guidelines may result in temporary or permanent account suspension or termination at Volchar Inc's discretion. Users are solely responsible for any consequences arising from their conduct while using the Volchar App.
INTELLECTUAL PROPERTY.
Volchar Inc is dedicated to protecting and preserving its intellectual property rights, including but not limited to trademarks, copyrights, and patents. The Volchar App and all associated content, designs, logos, graphics, software, and materials are the exclusive property of Volchar Inc and are protected by applicable intellectual property laws and treaties.
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Trademarks: "Volchar," the Volchar logo, and other product names and logos are registered trademarks owned by Volchar Inc. Any use of these trademarks without prior written permission from Volchar Inc is strictly prohibited.
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Copyrights: The Volchar App and all its content, including but not limited to text, graphics, images, videos, audio, software code, and user interfaces, are protected by copyright laws. Users are prohibited from reproducing, modifying, distributing, displaying, or transmitting any part of the App's content without explicit written authorization from Volchar Inc.
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User-Generated Content: Volchar Inc acknowledges that users may generate and share content while using the Volchar App. By doing so, users grant Volchar Inc a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the user-generated content for the purpose of providing and improving the App's services. Users affirm that they have the necessary rights and permissions to grant this license.
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Third-Party Intellectual Property: Volchar Inc respects the intellectual property rights of third parties. If you believe that any content on the Volchar App infringes upon your copyrights or other intellectual property rights, please promptly notify Volchar Inc through the designated channels for intellectual property claims.
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Use of Volchar App Content: The content provided within the Volchar App, including informational materials, guides, and user manuals, is intended solely for personal and non-commercial use. Users may not use, modify, distribute, or reproduce this content for commercial purposes without prior written consent from Volchar Inc.
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DMCA Notice: Volchar Inc complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed on the Volchar App, you may submit a DMCA notice to Volchar Inc's designated agent, including the required information as specified in the DMCA.
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Reservation of Rights: Volchar Inc retains all rights, title, and interest in and to the Volchar App, its content, and any associated intellectual property. No license or right is granted to users beyond what is explicitly stated in these Terms and Conditions.
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Infringement Reporting: If you believe that the Volchar App or any associated content infringes upon your intellectual property rights, please promptly notify Volchar Inc through the designated channels for intellectual property claims. Upon receipt of a valid notice, Volchar Inc will investigate the matter and take appropriate action as required by law.
DISPUTE RESOLUTION.
In the event of any disputes or disagreements related to the Volchar App or its services, we encourage users to resolve such matters amicably and efficiently. This Dispute Resolution provision outlines the process for addressing disputes between users and Volchar Inc.
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Informal Resolution: In the event of a dispute, users are encouraged to first attempt to resolve the matter informally by contacting Volchar Inc's customer support team at service@volchar.com. Our dedicated support team will make every effort to address and resolve the issue promptly and to the satisfaction of both parties.
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Mediation: If an informal resolution is not successful in resolving the dispute, both parties may agree to engage in non-binding mediation. Mediation involves the use of a neutral third-party mediator to facilitate discussions and negotiations with the goal of reaching a mutually acceptable resolution.
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Arbitration: If mediation does not lead to a satisfactory resolution, both parties agree to resolve the dispute through binding arbitration, rather than litigation. The arbitration process shall be conducted in accordance with the rules and procedures of a reputable arbitration organization mutually agreed upon by the parties, or, if the parties cannot agree, the American Arbitration Association (AAA).
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Governing Law: This Dispute Resolution provision shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles.
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Waiver of Class Actions: Users and Volchar Inc agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as a class, consolidated, or representative action. Both parties waive the right to participate in any class action or representative proceeding.
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Limitation on Time to File Claims: To the extent permitted by applicable law, any claim or cause of action arising out of or related to the use of the Volchar App or its services must be filed within one (1) yearafter the cause of action arises, or such claim or cause of action is permanently barred.
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Enforcement of Arbitration Award: The arbitration award may be confirmed and enforced in any court of competent jurisdiction. The prevailing party in any arbitration or court proceeding shall be entitled to recover its reasonable attorneys' fees and costs.
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Exclusions: This Dispute Resolution provision shall not apply to any claims or disputes arising from the infringement of intellectual property rights or unauthorized use of the Volchar App. Such claims shall be exclusively subject to the jurisdiction of the courts.
GOVERNING LAW.
This Governing Law provision governs the interpretation, validity, and enforcement of these Terms and Conditions and any disputes arising from or related to the use of the Volchar App. By using the Volchar App, you agree to be bound by the laws of the State of New Jersey, United States, without regard to its conflict of law principles.
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Choice of Law: The laws of the State of New Jersey, excluding its conflict of law provisions, shall govern these Terms and Conditions and all matters arising from or related to the Volchar App and its services. Any disputes or claims shall be resolved in accordance with New Jersey law.
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Exclusive Jurisdiction: You and Volchar Inc agree that any legal actions, suits, or proceedings arising out of or in connection with these Terms and Conditions or the use of the Volchar App shall be brought exclusively in the state or federal courts located in New Jersey. Both parties submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or dispute.
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Waiver of Jury Trial: To the extent permitted by applicable law, you and Volchar Inc waive any right to a trial by jury in any legal proceeding arising out of or in connection with these Terms and Conditions or the use of the Volchar App.
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Severability: If any provision of this Governing Law provision is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and Conditions, and the remaining provisions shall remain in full force and effect.
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Waiver: The failure of Volchar Inc to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
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Limitation of Time to File Claims: To the extent permitted by applicable law, any claim or cause of action arising out of or related to the use of the Volchar App or its services must be filed within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred.
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International Users: If you access or use the Volchar App from outside the United States, you are responsible for compliance with all local laws and regulations. Volchar Inc makes no representation that the App or its services are appropriate or available for use in locations outside the United States.
SERVICE LIMITATIONS.
While the Volchar App is designed to provide a seamless and enriching user experience, there are certain limitations and factors beyond our control that users should be aware of. This Service Limitations provision outlines the various aspects where limitations may arise, ensuring transparency and informed usage of the Volchar App.
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Availability and Downtime: Volchar Inc endeavors to maintain the availability of the Volchar App and its services at all times. However, users acknowledge that the App may experience occasional downtime due to scheduled maintenance, upgrades, or unforeseen technical issues. We will make reasonable efforts to minimize such interruptions and notify users in advance when possible.
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Compatibility with Devices: While the Volchar App is designed to be compatible with a wide range of devices, variations in device specifications and manufacturers may affect performance. Users are encouraged to verify their device's compatibility by checking the App's system requirements in the respective app stores.
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Third-Party Services and Integrations: The Volchar App may integrate with third-party services or platforms to enhance the user experience. While Volchar Inc strives to ensure smooth integration, we cannot guarantee the availability, functionality, or performance of these third-party services.
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Network Connectivity: The functionality and performance of certain features of the Volchar App, especially those related to remote control and real-time data access, rely on a stable and reliable internet connection. Users are responsible for ensuring their devices have access to an adequate internet connection.
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Third-Party Internet Service Providers (ISPs): Users accessing the Volchar App through third-party internet service providers (ISPs) acknowledge that the quality and speed of their internet connection may impact the App's performance. Volchar Inc is not responsible for any issues arising from the user's choice of ISP.
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Software Updates and Compatibility: To ensure optimal functionality and security, Volchar Inc may release periodic updates to the Volchar App. Users are responsible for keeping their App up-to-date by downloading and installing the latest versions.
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Data and Storage Limitations: The Volchar App may generate and store data related to user interactions and EV charger activities. Users should be aware of any data storage limitations on their devices and are responsible for managing their data accordingly.
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Third-Party Device Compatibility: While the Volchar App aims to support a wide range of EV chargers, there may be certain charger models or third-party devices that may not be fully compatible with the App's features.
LIMITATION OF LIABILITY.
The use of the Volchar App is subject to the following Limitation of Liability provisions. By accessing and using the Volchar App, users acknowledge and agree to these terms.
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Disclaimer of Damages: IN NO EVENT SHALL VOLCHAR INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE VOLCHAR APP OR ITS SERVICES.
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No Liability for Content: Volchar Inc does not endorse, guarantee, or assume responsibility for the accuracy, completeness, or usefulness of any content accessed through the Volchar App. Users understand and acknowledge that reliance on such content is solely at their own risk, and Volchar Inc shall not be liable for any damages resulting from such reliance.
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Third-Party Services and Content: Volchar Inc may integrate third-party services, content, or links within the Volchar App for enhanced user experience. However, Volchar Inc does not control or endorse these third-party offerings and shall not be liable for any damages resulting from the use or reliance on such services or content.
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Limitation of Damages: In no event shall the total liability of Volchar Inc, its officers, directors, employees, agents, or affiliates arising out of or in connection with the use of the Volchar App exceed the amount paid by the user, if any, for using the App during the twelve (12) months preceding the claim.
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User Responsibility: Users are solely responsible for their interactions with the Volchar App, including the use of its features and functionalities. Volchar Inc shall not be liable for any damages resulting from user conduct or actions, including violations of the Terms and Conditions.
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No Liability for Interruptions: Volchar Inc shall not be liable for any interruption, suspension, or termination of the Volchar App or its services, including but not limited to server outages, technical malfunctions, or other factors beyond its reasonable control.
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Assumption of Risk: Users acknowledge that the use of the Volchar App and its services involves inherent risks, including potential data breaches, technical issues, or unauthorized access. Users voluntarily assume all risks associated with the use of the App.
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Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so the above limitations may not apply to all users. To the extent that such laws apply, the liability of Volchar Inc shall be limited to the fullest extent permitted by law.
INDEMNIFICATION.
As a user of the Volchar App, you agree to indemnify and hold harmless Volchar Inc, its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Volchar App, your violation of the Terms and Conditions, or your infringement of any third-party rights. This Indemnification provision outlines the responsibilities of users to indemnify Volchar Inc.
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Scope of Indemnity: Users agree to indemnify Volchar Inc and its representatives for any claims, demands, actions, or proceedings brought by any third party or governmental authority arising from or related to the user's use of the Volchar App.
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Defense of Claims: Volchar Inc reserves the right to assume the defense and control of any claim, action, or proceeding for which users are obligated to indemnify. Users agree to cooperate with Volchar Inc's defense of such claims.
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Notice of Claims: Users shall promptly notify Volchar Inc in writing of any claim, action, or proceeding for which indemnification is sought. Failure to provide timely notice may limit the user's indemnification obligations.
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Limitation of Liability: Nothing in this Indemnification provision shall be construed to limit or exclude any other liability or remedies available to Volchar Inc under applicable law or the Terms and Conditions.
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No Admission of Liability: Volchar Inc's exercise of its right to assume the defense and control of any claim shall not constitute an admission of liability on the part of Volchar Inc.
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Indemnification Survival: The obligations of indemnification set forth in this provision shall survive the termination of the user's access or use of the Volchar App.
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Assumption of Risk: Users acknowledge that the use of the Volchar App and its services involves inherent risks, and they voluntarily assume all risks associated with the use of the App.
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Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so the above indemnification limitations may not apply to all users. To the extent that such laws apply, the indemnification obligations of users shall be limited to the fullest extent permitted by law.
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Non-Waiver: The failure of Volchar Inc to enforce any provision of this Indemnification provision shall not constitute a waiver of that provision or any other provision.
In conclusion, the Indemnification provision outlines the responsibility of users to indemnify Volchar Inc against claims, damages, and expenses arising from their use of the Volchar App. By agreeing to these terms, users acknowledge their commitment to hold Volchar Inc harmless and protect the company from any claims resulting from their actions or use of the App.
DISCLAIMER OF WARRANTY.
The Volchar App and its services are provided on an "as is" and "as available" basis. Volchar Inc makes no representations or warranties of any kind, express or implied, regarding the App's availability, functionality, reliability, accuracy, completeness, or suitability for any particular purpose. This Disclaimer of Warranty provision outlines the terms governing the use of the Volchar App.
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No Warranty of Accuracy: Volchar Inc does not warrant or guarantee the accuracy, timeliness, or completeness of any information, content, or materials provided through the Volchar App.
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No Warranty of Continuity: Volchar Inc does not warrant or guarantee that the Volchar App will be continuously available, uninterrupted, secure, or free from errors or defects.
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No Warranty of Compatibility: Volchar Inc does not warrant or guarantee that the Volchar App will be compatible with all devices, operating systems, or internet browsers.
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No Warranty of Fitness for a Specific Purpose: Volchar Inc does not warrant or guarantee that the Volchar App is suitable for any particular purpose or that it will meet users' individual requirements.
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No Warranty of Third-Party Services: Volchar Inc does not endorse or assume responsibility for the performance, reliability, or quality of any third-party services or products accessed through the Volchar App.
AMENDMENTS.
Volchar Inc reserves the right to modify, update, or amend these Terms and Conditions and the features of the Volchar App at any time. By continuing to use the Volchar App after any amendments, users acknowledge and agree to be bound by the revised Terms and Conditions. This Amendments provision outlines the procedures for notifying users and obtaining their acceptance of the updated terms.
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Notification of Amendments: In the event of any amendments to the Terms and Conditions, Volchar Inc will notify users through the Volchar App or via email to the address provided during account registration. The notification will include a summary of the changes and a link to access the revised Terms and Conditions.
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Acceptance of Amendments: Users are required to review the amended Terms and Conditions carefully. By continuing to access or use the Volchar App after receiving the notification of amendments, users signify their acceptance of the revised terms. If users do not agree with the amendments, they may choose to discontinue using the Volchar App.
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Access to Previous Versions: Volchar Inc will maintain a record of previous versions of the Terms and Conditions, and users can request a copy of any previous version by contacting [customer support email/phone number].
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Effective Date of Amendments: Amendments to the Terms and Conditions shall be effective immediately upon notification, unless otherwise specified in the notification or as required by law.
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Non-Retroactive Amendments: Amendments to the Terms and Conditions shall not apply retroactively to disputes or events arising prior to the effective date of the amendments.
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No Waiver of Future Amendments: The acceptance of any particular amendment to the Terms and Conditions shall not be deemed a waiver of the right to enforce future amendments.
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Right to Decline Amendments: If a user declines to accept the amended Terms and Conditions, Volchar Inc reserves the right to terminate or restrict the user's access to the Volchar App.
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Assumption of Responsibility: Users acknowledge that it is their responsibility to review the Terms and Conditions periodically and to stay informed about any amendments.
THIRD PARTY SERVICES.
The Volchar App may integrate with third-party services, platforms, and links to enhance user experience. These third-party services are provided for convenience and informational purposes only. Volchar Inc does not control, endorse, or assume responsibility for the availability, content, functionality, security, or accuracy of these third-party services. Users acknowledge and agree that their use of any third-party services accessed through the Volchar App is at their own risk. This Third Party Services provision outlines the terms and conditions related to third-party offerings.
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Third-Party Integration and Links: The Volchar App may integrate with third-party services, platforms, or links to provide additional functionalities or access to external resources.
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Collaboration with Alibaba's Service: Volchar Inc collaborates with Alibaba's service, specifically the "Alibaba Life Internet of Things Platform" for cloud services. All device data and user data are stored in the local cloud server of Alibaba Cloud International (USA). The Internet of Things platform complies with the requirements of the EU General Data Protection Regulation (GDPR) and implements privacy protection and data security measures, as well as successfully passing SOC1 and SOC2 audit standards by the American Institute of Certified Public Accountants (AICPA) and the Cloud Security Alliance (CSA).
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Separate Terms and Conditions: Users acknowledge that third-party services may have their own terms and conditions, privacy policies, and guidelines, which are separate from the Terms and Conditions of the Volchar App. Users are responsible for reviewing and complying with these third-party terms.
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No Endorsement: Volchar Inc does not endorse or assume any responsibility for the services, products, or content provided by third-party services accessed through the Volchar App.
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Responsibility for Third-Party Services: Users understand that any interactions or transactions with third-party services are solely between the user and the respective third-party service provider. Volchar Inc shall not be liable for any damages or losses arising from such interactions or transactions.
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Data Collection and Privacy: Users acknowledge that third-party services may collect and process personal data. It is recommended that users review the privacy policies of these third-party services to understand their data practices.
PRIVACY POLICY.
Volchar Inc is committed to protecting the privacy and security of users' personal information. Our Privacy Policy explains how we collect, use, and safeguard user data when they access or use the Volchar App. By using the Volchar App, users consent to the practices described in our Privacy Policy linked here: https://volchar.com/pages/app-privacypolicy
SEVERABILITY.
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. This Severability provision clarifies the consequences of a provision being deemed invalid and ensures that the overall validity and enforceability of the Terms and Conditions are preserved.
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Modification of Invalid Provision: In the event that a court or arbitrator determines that any provision of these Terms and Conditions is invalid, illegal, or unenforceable, the court or arbitrator may modify such provision to the extent necessary to make it valid, legal, and enforceable while preserving its intent and purpose.
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Interpretation of Invalid Provision: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable but cannot be modified, it shall be severed from the Terms and Conditions, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
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Effect on Agreement: The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions, which shall continue to be binding on the parties.
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Scope of Severability: This Severability provision applies not only to individual provisions but also to any combination of provisions when taken together.
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Waiver of Severability: The failure of either party to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.
ENTIRE AGREEMENT.
These Terms and Conditions, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between Volchar Inc and the user concerning the subject matter herein. This Entire Agreement provision sets forth the understanding and agreement between the parties regarding the use of the Volchar App and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the parties.
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Integration Clause: These Terms and Conditions, including any referenced policies or agreements, constitute the entire understanding and agreement between the parties and supersede all prior agreements, negotiations, or understandings, whether written or oral, regarding the subject matter herein.
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Priority of Documents: In the event of any conflict or inconsistency between these Terms and Conditions and any other document referenced herein, these Terms and Conditions shall govern and prevail.
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Future Communications: Any future communications, modifications, or amendments to these Terms and Conditions shall be made in writing and shall be incorporated into this agreement with the express consent of both parties.
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Representations and Warranties: Both parties acknowledge that they have not relied on any representations or warranties that are not expressly stated in these Terms and Conditions or any referenced documents.
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Non-Reliance: The parties expressly disclaim any intention to be bound by any statements, promises, or representations made by the other party that are not expressly set forth in these Terms and Conditions.
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Electronic Execution: These Terms and Conditions may be executed electronically or by digital means, and such execution shall have the same force and effect as a physical signature.
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Headings: The headings and section titles in these Terms and Conditions are for convenience only and shall not affect the interpretation or construction of this agreement.
WAIVER.
The failure of either party to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision. This Waiver provision clarifies that the non-exercise or non-enforcement of a right or provision by either party does not imply the relinquishment of such right or provision and does not affect the parties' ability to exercise that right or provision in the future.
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Intention of Non-Waiver: Any failure or delay by either party to exercise or enforce any right or provision under these Terms and Conditions shall not be construed as a waiver of such right or provision or a bar to the exercise or enforcement of that right or provision at a later time.
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Written Waivers: Any waiver of any right or provision under these Terms and Conditions must be made in writing and signed by the party granting the waiver. A written waiver shall only apply to the specific instance and right or provision waived.
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Continued Enforceability: The rights and remedies of the parties under these Terms and Conditions are cumulative and not exclusive of any other rights or remedies provided by law or equity. The failure to enforce any right or provision shall not affect the enforceability of any other provision of these Terms and Conditions.
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No Implied Waivers: No course of dealing, course of performance, or trade usage between the parties shall be deemed to constitute a waiver of any rights or remedies under these Terms and Conditions.
CONTACT US.
If you have any questions, concerns, or inquiries regarding these terms and conditions, please feel free to contact us. The following points outline how you can get in touch with us:
Contact Methods: You can reach us through the following contact methods:
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Email: You may send an email to our designated privacy contact at service@volchar.comfor privacy-related matters. We encourage you to use this method for privacy inquiries and data protection concerns.
Response Timeframe: We strive to respond to all inquiries and requests promptly and within the timeframes required by applicable data protection laws. While we endeavor to provide timely responses, complex inquiries or requests may require more time to process. In such cases, we will communicate with you and keep you informed of the status and progress of your inquiry.
Information Needed: To help us address your inquiry effectively, please provide us with specific details about the nature of your request and any relevant information, such as your user identification or account details. This information will assist us in locating and processing your request accurately.
Reporting Security Concerns: If you believe you have identified a security vulnerability or suspect any unauthorized access to your data, please report it to us immediately. Your vigilance is essential in helping us maintain the security of your personal information.
Language of Communication: We are committed to providing communication in a clear and easily understandable manner. We will respond to inquiries and requests in the same language used in your initial communication, or in any other language that you request, to the best of our ability.
Feedback and Suggestions: We welcome your feedback and suggestions on how we can improve our privacy practices and enhance your user experience. Your input is invaluable to us, and we encourage you to share your thoughts and ideas with us.