GO TO-U ELECTRIC VEHICLE CHARGING SERVICES TERMS OF SERVICE (Public Offer Agreement)

Please read the text of this Agreement carefully and, if you do not agree or you do not understand any of its clauses, we suggest you clarify the information. In case of acceptance of the terms of this Agreement, you agree with all its terms, and also confirm that you fully understand all its provisions.

This Agreement is a binding contract between GO TO-U Inc. (‘Company’) and the individual or entity accepting it (‘Customer’). By clicking ‘I Agree,’ creating an account, initiating a charging session, or otherwise using the Services, Customer agrees to be bound.

If you do not understand or do not agree with any provision of this Agreement, you must not use the Services.

GO TO-U Inc. located at 3415 South Sepulveda Blvd, Suite 1100, Los Angeles, California, 90034, USA, hereinafter - the Company, offers any individuals and legal entities (consumers), hereinafter referred to as the “Customer”, and collectively hereinafter referred to as the “Parties", to receive a package of services set forth in this Agreement for the provision of access to charging stations (hereinafter - the Agreement).

 

1. TERMS AND DEFINITIONS

1.1. Services - means the services the Company provides to Customers, including: 

1.1.1. providing Customers with access to Charging Stations and enabling Customers to use them to charge Electric vehicles; and

1.1.2. providing and maintaining access to the Customer’s account in the Mobile Application, which allows the Customer to locate and reserve Charging Stations, start and manage charging sessions, make payments, and use other related features available through the Mobile Application.

1.2. Customer - an individual and/or legal entity that uses the Services.

1.3. Electric Vehicle - a vehicle driven by one or more electric motors powered by batteries or fuel cells.

1.4. Charging Station - a charging device, capable of connecting to direct current and/or alternating current outlets, installed stationary and designed for charging electric vehicles.

1.5. Kilowatt-Hour (hereinafter - kWh) means the energy delivered through the charging equipment as measured by the Charging Station and/or back-office system, subject to rounding rules stated in this Agreement.

1.6. Waiting Time means the time during the Reservation after the charging session has completed during which the Electric Vehicle remains connected to the Charging Station, excluding any Buffer Time.

1.7. Blockage Penalty – a fee charged for each minute of Waiting Time.

1.8. Buffer Time – a limited grace period provided to the Customer to disconnect the Electric Vehicle from the Charging Station and vacate the associated parking space after completion of charging, during which no Blockage Penalty or Idling fee is assessed. Any applicable Buffer Time and its duration will be specified in the Mobile Application for the relevant Charging Station.

1.9. Reservation – a digitally created and confirmed time-bound right of the Customer to use a specific Charging Station port during a defined time window.

1.10. Instant Reservation – a Reservation created immediately before the start of a charging session via a payment terminal, QR code, or express flow in the Mobile Application, without prior scheduling.

1.11. Downtime means the period after the Reservation Time ends during which the Electric Vehicle remains connected to the Charging Station and/or continues to occupy the charging parking space, during which an Idling Fee applies. 

1.12. Idling Fee means the fee charged when the Electric Vehicle continues to occupy the charging parking space and/or remains connected to the Charging Station after charging has completed and the Reservation Time has ended, as displayed in the Mobile Application or at the Charging Station.

1.13. Mobile Application is GO TO-U’s proprietary mobile application software for compatible mobile devices, through which Customers may search for and select Charging Stations, make reservations (if offered), initiate and control charging sessions, make payments for Services, and use other functionalities made available by GO TO-U from time to time. 

1.14. Registration - Customer’s creation of an account in the Mobile Application and acceptance of this Agreement.

1.15. Fees means amounts payable for Services (including Downtime, Idling Fees, and other charges) displayed to Customer before, during or after the session. 

1.16. Charging Station Owner - the person or entity that owns a Charging Station, or that has been duly authorized by the owner to control, operate, or administer the Charging Station and set applicable pricing for Services.

1.17. Units means account credits denominated in a notional unit of account used to display pricing for kWh and time-based charges in the Mobile Application. Units are redeemed to pay Fees as described in Section 4.

1.18. Balance - Customer’s account balance of Units reflected in the Mobile Application.

1.19. Bonuses are promotional credits, have no cash value, and cannot be purchased.

1.20. Reward - any product, service, benefit, or discount offered by the Contractor in the Rewards catalog within the Mobile Application (including in the “Shop” section) that is available for redemption at the time the Customer initiates the redemption.

1.21. Support - support service, the operation of which is provided by the Company.

1.22. Website - https://goto-u.com/en.

1.23. Any terms not expressly defined in this Agreement shall be construed in accordance with their plain and commonly understood meaning in the context of electric vehicle charging services and mobile applications, consistent with applicable law.

 

2. ACCEPTANCE OF AGREEMENT

2.1. This Agreement is a standard-form agreement offered by the Company to all eligible Customers on the same terms. The Company provides the Services subject to this Agreement.

2.2. The Customer accepts and agrees to be bound by this Agreement when the Customer (a) clicks ‘I Agree’ (or equivalent) in the Mobile Application; (b) creates an account and/or uses the Mobile Application to reserve or initiate a charging session; or (c) initiates a charging session at a Charging Station (including by connecting charging equipment, scanning a QR code, or using a payment terminal, or starting Instant Reservation), after being provided notice of this Agreement (or a link to it).

2.3. If the Customer does not agree to this Agreement, the Customer must not access or use the Services.

2.4. This Agreement is effective without handwritten signatures. Electronic acceptance and/or use of the Services constitutes the Customer’s agreement to the terms of this Agreement.

2.5. A current version of this Agreement will be made available on the Website at https://goto-u.com/en (or any successor URL).

2.6. The Company may modify this Agreement from time to time. The ‘Last Updated’ date at the top of the Agreement indicates when changes take effect.

2.7. If the Customer does not agree to a modified Agreement, the Customer must stop using the Services. Continued use of the Services after the effective date of any modification constitutes acceptance of the modified Agreement.

2.8. The Company will collect, use, disclose, and process personal information as described in the Privacy Policy (https://www.goto-u.com/privacy-policy), which is incorporated by reference into this Agreement.

2.9. The Customer represents and warrants that: (a) the Customer has legal capacity to enter into this Agreement; (b) the Customer has read and understands this Agreement; (c) the Customer agrees to be bound by it; (d) is at least 18 years old (or the age of majority in the Customer’s jurisdiction) and has authority to enter into this Agreement.

2.10. This Agreement is effective as of the ‘Last Updated’ date shown above and continues until terminated in accordance with this Agreement. 

2.11. The Customer may maintain only one account/profile per individual (or, for entities, per authorized user) unless expressly authorized by the Company. The Company may suspend or terminate duplicate accounts.

2.12. The Customer may not delete or deactivate the account while (a) any Fees remain unpaid or disputed, (b) a charging session is active, or (c) an active Reservation is in effect. The Company may require the Customer to resolve such items before processing account deletion. 

2.13. The Customer must not post content through the Mobile Application that is unlawful, threatening, harassing, hateful, discriminatory, obscene, defamatory, or otherwise objectionable, or that promotes violence or illegal activity, or that constitutes unsolicited advertising/spam. The Company may remove content and/or restrict account features for violations, with or without notice, as permitted by law. 

2.14. The Company may suspend, restrict, or terminate access to the Mobile Application and/or Services if the Customer (a) violates this Agreement; (b) repeatedly makes Reservations and fails to use them, including more than three (3) Reservation no-shows within a rolling period of 30 days; or (c) engages in suspected fraud, abuse, or activity that may harm the Company, Charging Station Owners, other users, or the Services. 

2.15. The Company may impose Account Restrictions (temporary or permanent), including: (a) disabling Reservations; (b) disabling the ability to post reviews/comments; and/or (c) disabling the use of Bonuses and redemption of Rewards.

 

3. SUBJECT OF THE AGREEMENT

3.1. Subject to this Agreement, the Company will make the Services available to the Customer, and the Customer agrees to use the Services in accordance with this Agreement and to pay all applicable Fees when due.

3.2. Fees may be based on (a) energy delivered (kWh) and/or (b) time-based charges, including time the vehicle remains connected and/or occupies the charging space, as displayed in the Mobile Application or at the Charging Station.

3.3. The Customer acknowledges that an electric vehicle may consume electricity during a charging session for vehicle functions (including, without limitation, battery conditioning, cabin heating or air conditioning, and other onboard systems). As a result, the amount of energy reflected by the vehicle as “received” or “added” may differ from the amount of energy delivered through the Charging Station connector. 

For purposes of calculating Fees under this Agreement, energy consumption will be determined based on the kWh delivered through the charging equipment as measured by the Charging Station, rather than the vehicle’s internal estimates. The measured kWh may be rounded to the nearest 0.1 kWh (rounded up).

3.4. If charging completes during the Reservation Time and the vehicle remains connected and/or continues to occupy the charging space, a Blockage Penalty may apply after any applicable Buffer Time. The Blockage Penalty accrues starting from the first minute after Buffer Time expires and continues until the earlier of (i) the vehicle is disconnected and the charging space is vacated, or (ii) the Reservation Time ends. The applicable Blockage Penalty rate will be displayed for the relevant Charging Station in the Mobile Application.

3.5. If the vehicle remains connected and/or continues to occupy the charging space after the Reservation Time ends, an Idling Fee (or other overstay charge) may apply until the vehicle is disconnected and the charging space is vacated. The applicable Idling Fee rate will be displayed in the Mobile Application or at the Charging Station. 

 

4. ACCESS TO SERVICES; PAYMENT METHODS; BILLING; REFUNDS

4.1. Services may be obtained through one of the following methods:

4.1.1. Through the GO TO-U Mobile Application;

4.1.2. By direct payment by bank card through the Mobile Application (bank card payment with preauthorization);

4.1.3. Through a payment terminal and/or QR code made available at or near a Charging Station.

 

Receiving services through the Mobile Application

 

4.2. Balance Top-Up and Use of Units.

4.2.1. The current price and/or purchase value of Units is displayed in the Mobile Application at the time of purchase.

4.2.2. The Customer may top up the Customer’s Balance using a payment card (or other payment method supported in the Mobile Application). The Customer is responsible for entering and maintaining accurate payment information in the Customer’s account.

4.2.3. When the Customer tops up the Balance, the applicable amount is charged (or authorized and then charged, as applicable) to the Customer’s selected payment method and credited to the Company through the Company’s payment processor.

4.2.4. Amounts paid to purchase Units constitute prepayment for future Services. Units are credited to the Customer’s Balance and may be redeemed for Services as described in this Agreement, subject to the Refunds provisions.

4.2.5. A Balance top-up is deemed completed when the Company (or its payment processor) receives confirmation that the payment has been successfully processed and the Customer’s Balance has been updated.

4.2.6. Funds credited to the Balance are converted into Units. Units are used as the unit of account to display pricing for kWh-based and time-based charges, including applicable Blockage Penalty and Idling Fees, as described in this Agreement and displayed in the Mobile Application.

4.2.7. The result of a Balance top-up is an increase in the number of Units shown in the Customer’s Balance.

4.2.8. If access to, entry to, or parking at a Charging Station location is subject to third-party fees (e.g., parking fees, entry fees, or other premises charges), such fees are not part of the Services and are not charged by the Company. The Customer is solely responsible for paying any such fees in accordance with the rules of the applicable location. 

4.2.9. A Customer who has registered in the Mobile Application may top up the Balance at any time, regardless of when a charging session will occur. Units credited to the Balance may be used at any time during the term of this Agreement. The number of Units in the Balance is not affected by subsequent changes in pricing for Services, except as otherwise expressly stated in the Mobile Application.

4.2.10. After the Balance is topped up and Units are credited, the Customer may initiate a charging session at any selected Charging Station. 

4.2.11. Charging sessions are available only where the Charging Station and related systems are operational and access is technically and physically available. 

4.2.12. The Customer initiates and conducts charging sessions independently, without involvement of the Company’s personnel. 

4.2.13. The Customer selects the desired charging duration and/or session parameters through the Mobile Application, subject to Charging Station availability and any applicable limitations.

4.2.14. If the Customer’s Balance has insufficient Units, the Services may be provided only up to the amount available in the Customer’s Balance (unless the Customer uses a separate payment method permitted by the Mobile Application).

4.2.15. Upon completion of a charging session, the Customer’s Balance is reduced by the number of Units corresponding to the Fees for the Services actually provided, as calculated under this Agreement and the applicable tariffs displayed to the Customer. 

4.2.16. If a charging session is interrupted or ends early, any unused Units remain on the Customer’s Balance and may be used at a later time.

4.2.17. Units are non-transferable and may not be sold, assigned, or otherwise transferred by the Customer to any other person.

 

4.3. Payment by Bank Card 

4.3.1. The Customer may pay for the Services using a bank payment card by selecting this payment method in the Mobile Application if available. If the Customer chooses payment by bank card, then prior to the start of the charging session a preauthorization will be obtained and a temporary hold will be placed on the Customer’s card account for an amount reasonably estimated to cover the expected cost of the Services. The amount of such preauthorization is calculated taking into account: (i) the Electric Vehicle battery capacity and/or expected energy consumption; (ii) the selected charging time (or the maximum possible charging time for the applicable session); and (iii) the applicable tariffs and fees established for the relevant Charging Station (including, where applicable, Downtime and Idling Fees).

4.3.2. Upon completion of the charging session (including after the end of the actual time of use of the Charging Station), the Customer authorizes the Company (and/or its payment processor) to charge and settle the actual cost of the Services actually provided in accordance with the applicable tariffs, including any Downtime and Idling Fees, if incurred. Any unused portion of the preauthorized (held) amount will be released in accordance with the rules, timelines, and operational procedures of the issuing bank and/or the applicable payment network; the Company does not control and is not responsible for the time required by the issuer or payment network to release such holds.

4.3.3. If the actual cost of the Services exceeds the preauthorized amount, including due to an extension of charging time or other applicable charges, the Customer expressly authorizes: (i) the placement of an additional preauthorization/hold and/or (ii) the charging of an additional amount necessary to complete payment for the Services actually provided, to the extent permitted by the rules of the issuing bank and the applicable payment network.

4.3.4. If the held amount was insufficient to pay for the Services provided, the Mobile Application may display an outstanding balance (debt) in the unpaid amount. The Customer may pay such outstanding balance by bank card through the Mobile Application, or such outstanding balance may be automatically satisfied from the Customer’s Balance upon the Customer’s next Balance top-up. A Customer with an outstanding balance is not permitted to delete the Customer’s profile in the Mobile Application until the outstanding balance is paid.

 

4.4. Receiving Services Through a Payment Terminal and/or QR Code at a Charging Station

 

4.4.1. If a payment terminal and/or QR code is available at or near a Charging Station, the Customer may reserve and pay for Services using that terminal/QR flow, subject to the options made available at that Charging Station.

4.4.2. Before the charging session begins, the Customer initiates payment by tapping/inserting/scanning the Customer’s bank card (or other supported method) at the terminal (or through the QR flow). Bank card preauthorization/hold and settlement rules in Section 4.3 apply to terminal/QR payments.

 

4.5. After completion of a charging session, the Company will make a receipt available to the Customer (e.g., via the Mobile Application and/or by email, where supported). If the Customer does not receive a receipt, the Customer may contact Support, and the Company will use commercially reasonable efforts to provide the receipt within two (2) business days to the email address associated with the Customer’s Mobile Application account. The Customer is solely responsible for providing and maintaining an accurate, current email address in the Customer’s account. The Company will not be liable for any failure to deliver a receipt by email to the extent caused by the Customer’s inaccurate, incomplete, or outdated contact information, email filtering/spam settings, or other circumstances outside the Company’s reasonable control.

4.6. Refunds

4.6.1. Refunds and billing adjustments depend on the payment method used by the Customer: (A) payment from the Balance in Units or (B) direct payment by bank card (including via a payment terminal/QR code) with preauthorization. 

4.6.2. (A) Units. 

4.6.2.1. The Customer may request a refund of funds corresponding to unused Units (i.e., Units not applied toward payment for Services, Downtime, Idling Fees, penalties, or any other amounts due) by contacting the Company’s Support Service through any of the following channels: (a) email at support@go-tou.com; (b) the Support Service’s then-current messaging channels (contacts/links available in the Mobile Application and/or on the Website); and/or (c) telephone using the Support Service phone number(s) published in the Mobile Application and/or on the Website. The Support Service contact details published as of the date the request is submitted shall be deemed the current contact details.

4.6.2.2. To process a refund request, the Customer must provide sufficient information for the Company to identify the Customer and the relevant payment, including: (i) the Customer’s full legal name (or legal entity name), the phone number associated with the account, and Customer ID; (ii) the date and amount of the payment/top-up; (iii) the number of Units requested for refund; and (iv) supporting proof of payment (e.g., receipt, screenshots, and/or transaction identifier). The Company may request additional information reasonably necessary to (A) verify the Customer’s identity and payment source, (B) prevent fraud or abuse, (C) comply with applicable law and payment network rules, and/or (D) correctly process the refund.

4.6.2.3. Subject to successful verification and the conditions below, the Company will review the request and, where approved, will initiate the refund within ten (10) business days after receiving all information reasonably required to process the request. The time for the refunded funds to appear on the Customer’s account may vary depending on the issuing bank/payment system.

4.6.2.4. Refunds will be issued only to the original payment method and/or the same bank account/card from which the Customer made the relevant payment/top-up. Refunds to any third party are strictly prohibited. If refunding to the original payment method is technically impossible, the Company may, at its discretion and subject to verification, process the refund to another bank account belonging to the same Customer (not a third party) upon receipt of a written request containing the Customer’s bank details in IBAN format and any additional verification requested by the Company.

4.6.2.5. The Company may deny or suspend a refund request if: (i) the payment cannot be reliably identified; (ii) the Customer has an outstanding debt or unresolved payment dispute; (iii) the account is restricted due to suspected fraud, abuse, chargeback activity, or violation of the Agreement; or (iv) processing the refund would violate applicable law, payment network rules, or the Company’s compliance obligations.

4.6.2.6. Any deduction for payment processing costs, if applicable, shall be limited to actual, non-refundable third-party processing fees incurred by the Company in connection with the original top-up transaction, capped at 5%, and only to the extent permitted by applicable law.

4.6.2.7. Units are non-transferable and may not be sold, assigned, or otherwise transferred by the Customer to any other person.

4.6.3. (B) Direct payment by bank card (including via a payment terminal/QR code) with preauthorization.

4.6.3.1. Any refund or billing adjustment (whether full or partial) in connection with a bank card payment will be issued only to the same card account or original payment method used for the transaction.

4.6.3.2. The Customer may request a refund or billing adjustment by contacting the Company’s Support Service through any of the following channels: (a) email at support@go-tou.com; (b) the Support Service’s then-current messaging channels (contacts/links available in the Mobile Application and/or on the Website); and/or (c) telephone using the Support Service phone number(s) published in the Mobile Application and/or on the Website. The Support Service contact details published as of the date the request is submitted shall be deemed the current contact details.

4.6.3.3. To process a refund request, the Customer must provide sufficient information for the Company to identify the Customer and the relevant card transaction, including: (i) the Customer’s full legal name (or legal entity name), the phone number associated with the account, and Customer ID; (ii) the date and amount of the card transaction; (iii) the amount requested to be refunded or adjusted; and (iv) supporting proof of payment and/or the transaction identifier (e.g., receipt, screenshots, and/or payment reference). The Company may request additional information reasonably necessary to (A) verify the Customer’s identity and payment source, (B) prevent fraud or abuse, (C) comply with applicable law and payment network rules, and/or (D) correctly investigate and process the request.

4.6.3.4. Subject to successful verification and the conditions below, the Company will review the request and, where approved, will initiate the refund or adjustment within ten (10) business days after receiving all information reasonably required to process the request. The time for the refunded funds to appear on the Customer’s account may vary depending on the issuing bank/payment system.

4.6.3.5. A refund or adjustment may be issued only where the Company confirms that: (i) a duplicate, unauthorized, or erroneous charge occurred; (ii) the charging session failed to start, was interrupted, or was otherwise materially affected due to a malfunction or unavailability attributable to the Charging Station, the Company’s systems, or payment processing errors, resulting in an overcharge; and/or (iii) there was a verified pricing or calculation error (including misapplication of the applicable tariff, incorrect assessment of Downtime/Idling Fees, or other confirmed miscalculation of Fees).

4.6.3.6. No refund shall be due for Services properly delivered and consumed by the Customer, or where non-provision or interruption of Services is caused by the Customer’s actions or omissions (including, without limitation, improper use of the Mobile Application or Charging Station, incompatible equipment, failure to follow instructions, or early termination initiated by the Customer), except to the extent required by applicable law.

4.6.3.7. Where the Customer pays for Services by bank card and the recipient of funds / merchant of record for the applicable transaction is the Charging Station Owner (i.e., the card payment is processed on behalf of, and settled directly to, the Charging Station Owner’s acquiring account), any refund or billing adjustment related to such transaction shall be processed by the Charging Station Owner, not by the Company/Contractor. In such cases: (a) the Customer may submit the refund request through the Support Service channels specified in Section 4.6.3.2, and the Company/Contractor will reasonably facilitate the handling of the request by routing it to the Charging Station Owner and/or requesting additional information as needed; (b) the Charging Station Owner will be solely responsible for reviewing, approving or denying, and initiating any refund or adjustment in accordance with applicable law and payment network rules, and within the timeframes required by such rules; (c) any approved refund shall be issued only to the original payment method used for the transaction; and (d) the Company/Contractor shall not be liable for delays or failures to process a refund where the refund must be issued by the Charging Station Owner, except to the extent such delay or failure is directly caused by the Company/Contractor’s own systems or payment processing errors.

 

5. RIGHTS AND OBLIGATIONS

5.1. The Company will:

5.1.1. provide the Services in a professional and commercially reasonable manner, in the scope and manner described in this Agreement;

5.1.2. respond to reasonable Customer requests for information regarding performance of this Agreement within five (5) business days after receipt, unless a shorter or longer period is required by applicable law or reasonably necessary due to the nature of the request;

5.1.3. use commercially reasonable efforts to provide continuous access to the Mobile Application and Support, except for outages, maintenance, updates, force majeure, or other events beyond the Company’s reasonable control;

5.1.4. process and protect personal information in accordance with the Privacy Policy and applicable law, and disclose such information only as permitted by law, required to provide the Services, enforce this Agreement, or comply with legal process;

5.1.5. perform any other obligations expressly set forth in this Agreement.

5.2. The Company may:

5.2.1. require the Customer to comply with this Agreement and applicable law;

5.2.2. request and obtain information from the Customer reasonably necessary to provide the Services, verify the Customer’s identity and account, process or reconcile transactions, investigate errors, disputes, or suspected fraud/abuse, and enforce this Agreement (including requesting supporting documentation where appropriate);

5.2.3. engage subcompanies, service providers, and other third parties to perform all or part of the Services; provided that the Company remains responsible for the performance of its obligations under this Agreement to the extent required by laws;

5.2.4. establish and modify the procedures, features, and operational rules for providing the Services, and update this Agreement as permitted under Section 2;

5.2.5. provide instructions, rules, and safety guidance for use of the Charging Stations and Mobile Application;

5.2.6. modify the Mobile Application (including features, interface, branding, domain, and technical requirements) and require updates or re-registration where reasonably necessary for security, fraud prevention, legal or payment-network compliance, technical functionality, or business operations. The Company will use commercially reasonable efforts to provide advance notice where practicable and will not retroactively deprive the Customer of previously purchased Units, pending refunds, or accrued rights under this Agreement, except as required by applicable law;

5.2.7. deny or defer an adjustment or refund request where the Customer fails to timely notify Support and the Company cannot reasonably verify the alleged error, subject to applicable law and Section 4.6;

5.2.8. deny refunds for Services not provided due to the Customer’s actions or omissions (including misuse of the Mobile Application or Charging Station), except as required by applicable law or as otherwise provided in Section 4.6;

5.2.9. collect, use, and process Customer information (including transaction data) as necessary to provide the Services, process payments, prevent fraud, comply with legal obligations, and as described in the Privacy Policy;

5.2.10. implement monitoring measures at or near Charging Stations (including video surveillance, and audio recording where not prohibited by applicable law), and retain and disclose such recordings as reasonably necessary for safety, security, fraud prevention, dispute resolution, or compliance with law;

5.2.11. obtain insurance coverage for property and/or liability, at the Company’s option;

5.2.12. collect, store, and disclose Customer information only as permitted by this Agreement, the Privacy Policy, and applicable law;

5.2.13. collect, store and use Customer and transaction information to protect the legitimate rights and interests of the Company and/or Charging Station Owners, including investigating damage, enforcing rules, and sharing information with Charging Station Owners, insurers, law enforcement, or service providers as reasonably necessary and permitted by law;

5.2.14. suspend or deactivate an account that has been inactive for one (1) year, subject to any notice required by applicable law and the Customer’s ability to access receipts and refund rights as required by law;

5.2.15. suspend or limit the Services for maintenance, updates, safety, security, or operational reasons. Such suspension or limitation will not constitute a breach of this Agreement.

5.2.16. refuse, suspend, or terminate access to the Services if the Customer engages in conduct that the Company reasonably believes may damage Charging Stations or create safety risks, including use of unauthorized adapters or incompatible equipment;

5.2.17. take reasonable measures to prevent damage to Charging Stations and related equipment, including implementing technical or operational safeguards and account restrictions;

5.2.18. terminate this Agreement and/or suspend or terminate a Customer’s access to the Services as provided in this Agreement and applicable law;

5.2.19. place telephone calls (including calls made using an automatic telephone dialing system or prerecorded/artificial voice to the extent permitted by applicable law) to the Customer at the telephone number the Customer provides during registration, use of the Mobile Application, and/or while receiving the Services, solely for operational and transactional purposes related to this Agreement, including: (i) confirming or clarifying Service details; (ii) providing charging session and/or reservation status updates; (iii) addressing technical issues, incidents, and Support requests; (iv) security, safety, identity verification, and fraud prevention; and (v) communicating other information reasonably necessary to administer the Customer’s account or perform this Agreement. The Customer represents that the number provided is accurate and current and authorizes the Contractor to contact the Customer at such number for the purposes stated above. Where required by law, the Customer may withdraw consent or opt out of certain communications by contacting Support or by following any opt-out instructions provided; however, opting out may limit the Contractor’s ability to provide certain Service-related notices. This Section does not authorize telemarketing calls or marketing text messages without any additional consent required by applicable law.

5.2.20. exercise any other rights expressly granted under this Agreement.

5.3. Customer Obligations. The Customer will:

5.3.1. pay all applicable Fees for the Services in accordance with this Agreement and the tariffs displayed to the Customer.

5.3.2. pay any applicable Blockage Penalty assessed under this Agreement and as displayed in the Mobile Application;

5.3.3. pay any applicable Idling Fee assessed under this Agreement and as displayed in the Mobile Application;

5.3.4. provide information reasonably requested by the Company in writing (including by email, text message/SMS, or via the Company’s then-current messaging channels identified in the Mobile Application or on the Website) and reasonably necessary to administer the Customer’s account, process transactions, investigate disputes, or enforce this Agreement, within one (1) business day after receipt of such request;

5.3.5. provide accurate, current, and complete information when registering for and using the Mobile Application, including a valid email address and a mobile phone number associated with the Customer’s account, and promptly update such information (and any other account details) if it changes;

5.3.6. comply with all applicable laws, orders, and site rules at or near Charging Stations, including any quarantine, curfew, emergency, or other restrictions in effect at the Charging Station location. The Company is not responsible for the Customer’s non-compliance with such requirements.

5.3.7. follow all reasonable instructions and safety guidance provided by the Company (including in the Mobile Application) regarding use of the Mobile Application and Charging Stations;

5.3.8. not damage, misuse, tamper with, or interfere with Charging Stations, related equipment, or any property of the Company, Charging Station Owners, or third parties used in connection with the Services;

5.3.9. not connect an Electric Vehicle to a Charging Station if the Electric Vehicle is unsafe to charge due to malfunction, damage, or post-accident condition, including where the vehicle has not been inspected and cleared for charging by an authorized dealer or qualified service provider;

5.3.10. not use (and not permit the use of) any Electric Vehicle, cable, connector, adapter, or other device in connection with the Services or any Charging Station that is unsafe, damaged, homemade, materially modified in a manner not authorized by the applicable manufacturer, non-compliant with applicable safety standards, or uncertified where certification is required; and not connect an Electric Vehicle through any such adapter or device.

5.3.11. where the Charging Station provides multiple connectors/cables, select and use only the connector that is mechanically and electrically compatible with the Customer’s Electric Vehicle.

5.3.12. where the Charging Station provides a three-phase socket, use only the Customer’s own properly rated and certified cable that is mechanically and electrically compatible with the Electric Vehicle and the socket;

5.3.13. Upon completion of a charging session, promptly disconnect the connector from the Electric Vehicle and return it to the designated holder or area on the Charging Station. The Customer must not move the Electric Vehicle while a connector is attached.

5.3.14. promptly vacate the charging space and any associated parking area designated for charging after the charging session ends, subject to any applicable reservation time and Fees/penalties.

5.3.15. notify Support as soon as practicable, and in any event no later than one (1) business day after becoming aware, of any suspected erroneous deduction of Units or other billing error;

5.3.16. if a Charging Station or the Mobile Application appears to malfunction, stop using the affected function or Charging Station and promptly notify Support;

5.3.17. not disconnect or interfere with any connector, cable, or charging session associated with another user’s vehicle.

5.3.18. comply with all other obligations expressly set forth in this Agreement.

5.4. Customer Rights. The Customer may:

5.4.1. request reasonable information from the Company regarding the Services and performance of this Agreement, subject to applicable law and the Privacy Policy;

5.4.2. access and use the Mobile Application and Charging Stations to receive the Services, subject to availability and compliance with this Agreement;

5.4.3. request deletion of personal information associated with the Customer’s account to the extent required and permitted by applicable law and the Privacy Policy, subject to record-retention and legal compliance obligations;

5.4.4. contact Support regarding malfunctions, billing questions, or other issues related to the Mobile Application and/or Charging Stations;

5.4.5. terminate this Agreement as permitted under this Agreement and applicable law;

5.4.6. exercise any other rights granted under this Agreement or applicable law.

5.5. Each Party will reasonably cooperate with the other as necessary to perform this Agreement.

 

6. INFORMATION IN THE MOBILE APPLICATION

6.1. The Company uses commercially reasonable efforts to provide accurate and up-to-date information in the Mobile Application. However, information transmitted over the internet and mobile networks may be subject to delays, interruptions, errors, or inaccuracies, and the Company does not warrant that all content displayed in the Mobile Application will be accurate, complete, or current at all times.

6.2. The Mobile Application and/or Website may contain links to third-party websites or services. The Company does not control, endorse, or assume responsibility for any third-party content, products, services, or practices, and makes no representations regarding the accuracy or reliability of information on any third-party site. Third parties may collect and process personal information under their own privacy practices. The Customer should review the applicable third-party’s privacy policy and terms before using any third-party website or service.

 

7. LIABILITY; RESPONSIBILITY; DISPUTE RESOLUTION

7.1. Each Party will perform its obligations under this Agreement in accordance with its terms and applicable law.

7.2. If a Party fails to perform, or improperly performs, its obligations under this Agreement, that Party will be responsible to the extent provided in this Agreement and applicable law. 

7.3. The Customer is responsible for the accuracy and completeness of information provided during registration and for information used in connection with the Services.

7.4. If the Customer damages any Charging Station, related equipment, software, or the service location due to the Customer’s misuse, improper operation, or breach of this Agreement, the Customer will be responsible for the resulting direct damages to the extent permitted by applicable law.

7.5. If the Customer’s acts or omissions described in Section 7.4 render a Charging Station inoperable, the Customer will be liable for the Company’s actual, documented losses resulting from such unavailability. If the Parties intend to establish liquidated damages, the Parties agree that a reasonable estimate of damages at the time of contracting may be up to USD 1,000 per day of inoperability, provided that such amount is not a penalty and is enforceable under applicable law. 

7.6. To the extent a Charging Station Owner maintains applicable liability insurance, the Charging Station Owner’s liability to the Customer for covered losses arising from operation of the Charging Station may be limited to the scope and limits of coverage available under such policy, as determined by the insurer and subject to applicable law. 

7.7. Where a loss is covered by a Charging Station Owner’s liability insurance, any payment for such covered loss is made by the insurer in accordance with the policy terms and applicable law. 

7.8. The Customer is solely responsible for any adapter or additional device used by the Customer. To the extent permitted by applicable law, neither the Charging Station Owner nor the Company will be liable for damage arising from the Customer’s use of an unsafe, incompatible, or unauthorized adapter or device.

7.9. If a Charging Station Owner does not maintain applicable liability insurance, the Charging Station Owner remains responsible for losses to the extent provided by applicable law. 

7.10. Upon the Customer’s reasonable request to Support, the Company will provide the Charging Station Owner’s identity and available contact information to the extent the Company is authorized to disclose such information and as reasonably necessary for claims administration, dispute resolution, or compliance with law. 

7.11. A temporary interruption, delay, or degraded performance of the Services caused by a technical malfunction of the Mobile Application or a Charging Station will not, by itself, be deemed a material breach of this Agreement, provided the Company uses commercially reasonable efforts to restore functionality. 

7.12. The Services may be unavailable during scheduled or emergency maintenance. Such unavailability will not constitute a breach of this Agreement to the extent reasonably necessary to perform maintenance or repairs. 

7.13. Neither Party will be liable for any failure or delay in performance to the extent caused by events outside that Party’s reasonable control, provided the affected Party uses commercially reasonable efforts to mitigate the effects and resume performance. 

7.14. The Company is not responsible for the consequences of inaccurate, incomplete, or outdated information provided by the Customer (including an incorrect email address, phone number, or payment card details), or for any resulting inability to access the Services or receive notices, receipts, or other communications. 

7.15. The Company is not responsible for outages, interruptions, or performance issues caused by third-party telecommunications networks, internet service providers, power supply interruptions, or the Customer’s device, operating system, or other hardware/software not under the Company’s control. 

7.16. The Company is not responsible for issues caused by electrical supply conditions outside the Company’s control, including voltage fluctuations or electrical service interruptions at or near a Charging Station.

7.17. The Company will use commercially reasonable efforts to make Charging Stations available to deliver electrical power up to their stated ratings under normal operating conditions. However, actual charging speed and performance may vary based on the Electric Vehicle’s characteristics and condition (including battery state, temperature management, and the vehicle’s internal charging controls), and the Company is not responsible for reduced charging speed or performance caused by the Electric Vehicle or other factors outside the Company’s control. 

7.18. The Customer is solely responsible for any cable, adapter, or other equipment supplied by the Customer. To the extent permitted by applicable law, the Company is not liable for injury or damage arising from the Customer’s use of unsafe, incompatible, unauthorized, or defective Customer-supplied equipment. 

7.19. Charging speed may be reduced when a Charging Station is shared or simultaneously used by more than one vehicle or connector. The Company will use commercially reasonable efforts to allocate available power among ports, but does not guarantee any minimum charging speed. 

7.20. The Company is not responsible for loss, theft, or damage to the Customer’s Electric Vehicle or other personal property while at or near a Charging Station or parking area, except to the extent the loss or damage is caused by the Company’s or Charging Station Owner’s operation of the Charging Station and liability is established under applicable law. 

7.21. The Customer remains responsible for Fees and penalties incurred as a result of occupying a Charging Station space or remaining connected after charging is complete, including any applicable Blockage Penalty and/or Idling Fee, as described in this Agreement. 

7.22. Non-fulfillment or improper fulfillment of the terms of this Agreement by one of the Parties is grounds for refusal to fulfill the Agreement by the other Party.

7.23. Each Party is responsible for its own obligations under this Agreement. Neither Party assumes responsibility for the other Party’s obligations except as expressly stated in this Agreement. 

7.24. The Parties will first attempt in good faith to resolve any dispute through informal negotiations. If the dispute is not resolved, either Party may pursue any remedies available under applicable law in the courts of competent jurisdiction, unless the Parties have agreed to arbitration or another mandatory dispute-resolution process.

7.25. This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any transaction contemplated hereby (including any non-contractual claims) shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to conflict-of-laws rules. The Parties irrevocably submit to the exclusive jurisdiction of the state courts of the State of Delaware located in New Castle County, Delaware, and the United States District Court for the District of Delaware, for the resolution of any such dispute. Each Party waives any objection to venue in such courts and any claim that such proceeding has been brought in an inconvenient forum.

 

8. REWARD PROGRAM

8.1. From time to time, the Company may award promotional credits (“Bonuses”) to a Customer for completing specified actions in the Mobile Application (e.g., referrals or check-ins), subject to the conditions stated in the Mobile Application and this Agreement. 

8.2. Bonuses may be redeemed only for eligible items, services, or discounts offered in the Rewards catalog (“Rewards”), as available. Bonuses have no cash value, are not legal tender, and are not redeemable for cash or cash equivalents.

8.3. Eligible actions, earning rules, and any limits or restrictions are described in the Mobile Application (including the FAQ or equivalent program screens) and may be updated from time to time. The Customer’s Bonus balance, if any, is displayed in the Mobile Application.

8.4. The Company may require reasonable verification of Bonus-earning activity (including check-ins) to prevent fraud or abuse. Verification may include requesting information sufficient to confirm the activity through available means. If the Customer does not provide requested verification within a reasonable time, or if the Company determines that the activity is invalid, duplicative, or fraudulent, the Company may withhold, reverse, or adjust the applicable Bonuses, in whole or in part.

8.5. If a Customer redeems Bonuses for a physical Reward (e.g., merchandise), the Company may contact the Customer within three (3) business days to confirm shipping details. If the Customer does not respond to reasonable contact attempts within ten (10) calendar days, the Company may cancel the redemption request. In that event, fifty percent (50%) of the Bonuses used for that redemption will be re-credited to the Customer’s account.

8.6. If the Customer deletes or closes the account, all unused Bonuses are forfeited and will not be reinstated.

8.7. Except as required by applicable law, redeemed Rewards are final and are not returnable, exchangeable, or refundable.

8.8. Upon delivery of a physical Reward, the Customer should promptly inspect the package and item for visible damage and conformity with the order. If there is visible shipping damage, the Customer should notify the carrier or courier at delivery (where feasible) and request that the carrier document the damage. The Customer should also notify Support promptly with reasonable supporting details (e.g., photos, order reference).

8.9. The Rewards catalog, eligibility requirements, and redemption options may change at any time, and Rewards may be limited or unavailable. Changes apply prospectively and do not affect a redemption already confirmed by the Company, except where required due to unavailability, error, fraud prevention, or compliance with law.

 

9. FORCE MAJEURE

9.1. If a Party is prevented from performing, or is materially delayed in performing, any obligation under this Agreement due to an event or circumstance beyond that Party’s reasonable control and without that Party’s fault or negligence (“Force Majeure Event”), then the affected Party’s performance will be excused for the duration of the Force Majeure Event, and the time for performance will be extended accordingly, provided that such extension shall not exceed six (6) months. 

9.2. Force Majeure Events may include, by way of example: war, terrorism, civil unrest, or other hostilities; earthquakes, floods, fires, storms, and other natural disasters; epidemics/pandemics; acts of government or regulatory authorities (including adoption of laws, orders, restrictions, embargoes, curfews, or shutdowns); utility or grid failures; and other comparable events beyond the affected Party’s reasonable control that materially impede performance.

9.3. The affected Party will provide the other Party written notice of the Force Majeure Event and its reasonably estimated duration within five (5) calendar days after the affected Party becomes aware of the Force Majeure Event. Upon reasonable request, the affected Party will provide available supporting documentation. The affected Party will use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably practicable.

9.4. If the Force Majeure Event continues for more than six (6) months, the Parties will confer in good faith to determine whether to terminate this Agreement. Any termination under this Section must be documented in writing, unless termination is otherwise permitted under this Agreement. 

9.5. This Section 9 does not limit any refund or billing-adjustment rights expressly provided in Section 4.6 or required by applicable law.

 

10. TERM OF AGREEMENT

10.1. This Agreement is effective as of the date the Customer accepts it as described in Section 2.2. The version of the Agreement applicable to the Customer will be the version posted in the Mobile Application and/or on the Website as of the date of acceptance, as may be amended from time to time in accordance with Section 2.6–2.7. The “Last Updated” date shown at the beginning of this Agreement reflects the date on which this Agreement was most recently revised (and, if a different effective date for such revisions is stated, such stated date controls). This Agreement remains in effect until terminated in accordance with this Agreement (the “Term”). 

10.2. This Agreement may be terminated prior to expiration of the Term only as set forth below.

10.2.1. Mutual Termination. The Parties may terminate this Agreement by mutual written agreement, including where performance has become objectively impossible due to circumstances beyond the Parties’ reasonable control.

10.2.2. Termination by Customer. The Customer may terminate this Agreement by closing/deleting the Customer’s account in the Mobile Application, and/or by providing notice to Support, (i) if the Company makes a material change to this Agreement and the Customer does not agree to such change, or (ii) if the Company materially fails to perform its obligations under this Agreement.

10.2.3. Termination or Suspension by Company. The Company may suspend access to the Mobile Application and/or terminate this Agreement upon notice to the Customer (including via email, SMS, in-app message, or other contact details associated with the account), if: (i) the Customer materially violates this Agreement (including the procedures for receiving Services); (ii) the Customer damages, misuses, or interferes with the Charging Station(s), the Mobile Application, or related equipment, software, or premises in connection with the Services; or (iii) termination is otherwise permitted by this Agreement or applicable law. 

10.3. Subject to payment of all outstanding amounts due and completion/cancellation of any active charging session or reservation (as applicable), the Customer may terminate this Agreement by deleting/closing the Customer’s account in the Mobile Application.

10.4. The Company may terminate this Agreement by disabling the Customer’s access to the Mobile Application and associated Services. Where practicable, the Company will provide notice as described in Section 10.2.3; however, the Company may suspend access immediately where reasonably necessary for security, fraud prevention, safety, system integrity, or legal compliance.

10.5. Termination does not relieve either Party of obligations accrued prior to termination (including payment obligations for Services already provided). Any refunds, if applicable, will be processed only as set forth in Section 4.6 and as required by applicable law.

10.6. Sections that by their nature should survive termination will survive, including without limitation provisions regarding payments due, refunds limitations, dispute resolution, governing law/jurisdiction, limitations of liability, and privacy/data processing to the extent permitted by law.

 

11. FINAL PROVISIONS

11.1. This Agreement is written in English. By accepting this Agreement, the Customer acknowledges that the Customer has had the opportunity to review this Agreement, asks any questions the Customer considers necessary, and agrees to be bound by its terms. 

11.2. By accepting this Agreement and using the Services, the Customer acknowledges and agrees that the Company may collect, use, disclose, and otherwise process personal information as described in the Privacy Policy and as necessary to provide and improve the Services, process payments and refunds, prevent fraud, ensure safety and security, comply with law, and enforce this Agreement. The Privacy Policy is incorporated by reference and forms part of this Agreement. The Company will implement reasonable administrative, technical, and physical safeguards designed to protect personal information, consistent with applicable law.

11.3. The Company may collect and use information relating to charging sessions, Charging Station performance, and use of the Mobile Application (including aggregated or de-identified data where appropriate) for analytics, reporting, product improvement, operational planning, and to provide services to Charging Station Owners and other partners, in each case as described in the Privacy Policy and to the extent permitted by applicable law. 

11.4. The Mobile Application, Website, and all content and materials therein (including trademarks, logos, text, graphics, images, videos, software, and underlying code) are owned by the Company and/or its licensors and are protected by applicable intellectual property laws. Subject to the Customer’s compliance with this Agreement, the Company grants the Customer a limited, revocable, non-exclusive, non-transferable license to access and use the Mobile Application and Website for the Customer’s personal, non-commercial use in connection with the Services. Except as expressly permitted in writing by the Company, the Customer may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from the Mobile Application, Website, or any portion thereof. 

11.5. The Customer acknowledges that Charging Stations involve high voltage electrical equipment and that improper use may result in property damage, serious injury, or death. The Customer agrees to use Charging Stations only in accordance with the Mobile Application instructions, posted site rules, and applicable law. 

11.6. The Parties may communicate regarding the Services and this Agreement through the Mobile Application, email, SMS/text message, messaging channels made available by Support, and other electronic means associated with the Customer’s account. The Customer is responsible for maintaining accurate and current contact information in the Mobile Application. 

11.7. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

11.8. This Agreement (including the Privacy Policy and any policies incorporated by reference) constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous understandings. No waiver of any provision is effective unless in writing and signed by the Party against whom the waiver is asserted.

11.9. The Customer may not assign or transfer this Agreement without the Company’s prior written consent. The Company may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets, or by operation of law.

 

 

12. LEGAL ADDRESS AND DETAILS OF THE COMPANY

 

COMPANY:

GO TO-U Inc. located at 3415 South Sepulveda Blvd, Suite 1100, Los Angeles, California, 90034, USA.

CEO Nazar Davyda