Welcome, and thank you for your interest in IronWatt, Inc. (“IronWatt,” “we,” or “us”) and our website at www.IronWatt.net, along with our related websites, mobile or other downloadable applications, IronWatt Cards and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and IronWatt regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING IronWatt’S PRIVACY POLICY (https://na.IronWatt.com/privacy_policy) (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND IronWatt’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY IronWatt AND BY YOU TO BE BOUND BY THESE TERMS (THIS “AGREEMENT”).

Arbitration NOTICE. Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND IronWatt ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

• 00001. IronWatt Service Overview: IronWatt is in the business of, among other things, collecting, on behalf of owners (“Hosts”) of charging stations for electric vehicles, fees charged to users by such Hosts for access to their charging stations. IronWatt offers “IronWatt Cards”, available in the form of radio frequency identification cards as well as digital cards via the IronWatt mobile application or authorized third party, that permit users to access to those charging stations on IronWatt network (each, a “IronWatt Enabled Charging Station”) that such users are authorized to use. IronWatt offers IronWatt Cards branded with the IronWatt name, or, in some instances, with the brand of a third party (each, a “Branding Affiliate”). Regardless of such branding, IronWatt remains solely responsible for the operations of IronWatt, including, IronWatt Cards. Except with respect to the negligence or willful misconduct of a Branding Affiliate, you agree to release and hold harmless all Branding Affiliates from any causes of action related to the IronWatt Cards.
• 00002. IronWatt Account: This Agreement accompanies and is part of each IronWatt account (each, a “IronWatt Account”). IronWatt Cards, as well as redemption codes for credits for digital IronWatt Cards, may be obtained in connection with an offer or program (“Program”) offered by IronWatt or one of its partners (each, a “Program Partner”). If you are activating a IronWatt Card or redemption code pursuant to a Program, you acknowledge and agree that additional program-specific terms and conditions (“Program Terms”) shall apply to your participation in such Program. See here for applicable Program Terms: https://www.IronWatt.net/legal/partner-programs. By opening a IronWatt Account, you acknowledge and consent to the terms of this Agreement and the applicable Program Terms, which shall govern your use of your IronWatt Card and IronWatt’s mobile application. To the extent there is a conflict between this Agreement and any Program Terms, the Program Terms shall control as it relates to your participation in the Program.
• 00003. You Agree to:
  • 00001. Sessions Fees*
    • · Pay all the fees (“SESSION FEES”) for access to a charging station initiated by you, or through the use of your IronWatt Card in any manner, including, without limitation, with your IronWatt Card(s) at a station, remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology.
    • · Promptly review your statement and notify IronWatt Customer Service of any questions regarding Session Fees. Fees not questioned within 30 days of notice will be deemed valid.
    • · Promptly update online any changes to your name, email address, mailing address, telephone number, and any applicable credit card information, including, without limitation the applicable credit card number, expiration date and billing address when that new information is first known. (See contact information below). You remain liable for all Session Fees billed to your account until you have notified IronWatt Customer Service of any changes in your IronWatt Card(s) or until you have cancelled your account.

* This Section 3.1 does not apply to Organization Users. “Organization User” is a IronWatt Account user whose Sessions Fees will be paid via an authorized third party (e.g., fleet management company, payment provider, etc.) under a separate written agreement with IronWatt (“Third Party Payment Provider”).

• 00002. Use your IronWatt Card solely in accordance with instructions provided to you by IronWatt.
• 00003. Unless otherwise expressly authorized by IronWatt in a separate written agreement, use the Service only for personal, non-commercial purposes.
• 00004. Obey all applicable laws and regulations, as well as any policies and rules of the owner of the IronWatt Enabled Charging Station and/or the owner of the property on which the IronWatt Enabled Charging Station is located.

• 00004. IronWatt Flex Billing *: Your IronWatt Card may be used to pay Session Fees on any publicly accessible IronWatt Enabled Charging Stations, and on any private IronWatt Enabled Charging Station you are allowed to use. When using your IronWatt Card for payment of Session Fees, your card will be read by the applicable IronWatt Charging Station and a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured by the Host. It is your responsibility to be aware of the price charged by the Host for access to the applicable IronWatt Enabled Charging Station. If you use, or allow another person to use, your IronWatt Card on any IronWatt Enabled Charging Station, you agree to pay the fees specified by the Host. You agree that IronWatt may share with the Host any information contained in this IronWatt Account Agreement for purposes of processing and collecting session fees, and enforcing Network policies.
  
  * This Section 4 does not apply to Organization Users
• 00005. Minimum Account Balances, Fees and Charges; Cancellation *:
  • 00001. Although IronWatt takes a credit card number when you apply for a IronWatt Account, your credit card will not be charged until the first time you use your IronWatt Card at a IronWatt Enabled Charging Station that requires payment. Except as otherwise set forth in applicable Program Terms, at that time, your account will be charged an initial prepaid balance in the amount of ten dollars ($10.00) and the session fees associated with your charging session will be deducted from that balance. In addition, you authorize IronWatt to, from time to time, replenish your account, through a charge to your credit card, in an amount equal to the greater of (i) ten dollars ($10.00) or (ii) your average monthly fees, each time your account balance falls below the replenishment threshold (currently $5.00), until you have notified IronWatt Customer Service of any changes to your IronWatt Card(s) or until cancellation of your IronWatt Account. To avoid additional charges on your IronWatt Account, you must notify IronWatt Customer Service or cancel your IronWatt Account prior to the next charge. You may cancel your IronWatt Account by e-mailing support@IronWatt.com.
  • 00002. You agree that your replenishment amount and replenishment threshold are both subject to change based on your average monthly usage.
  • 00003. You agree to waive all interest or other benefits, if any, which may accrue on any prepaid balances in your IronWatt Card. In the event that the balance in your IronWatt Account cannot be replenished because payment on your credit card is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, IronWatt may close your account and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at IronWatt’s sole option, all fees, costs or other expenses (including, without limitation, reasonable attorneys fees) incurred by IronWatt in connection with its collection efforts.

* This Section 5 does not apply to Organization Users.

• 00006. Recurring Fees; Cancellation *: If you create a IronWatt Account, then you authorize IronWatt or its third-party payment processors to periodically charge, on a going-forward basis and until you have notified IronWatt Customer Service of any changes to your IronWatt Card(s) or until cancellation of your IronWatt Account, all accrued sums set forth in Section 5 or elsewhere in these Terms. To avoid additional charges on your IronWatt Account, you must notify IronWatt Customer Service or cancel your IronWatt Account prior to the next charge. You may cancel your IronWatt Account by e-mailing support@IronWatt.com.
  
  * This Section 6 does not apply to Organization Users.
• 00007. Account Suspension: In the event that the balance in your IronWatt Account cannot be replenished because payment on your credit card is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, IronWatt may close your account and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at IronWatt’s sole option, all fees, costs or other expenses (including, without limitation, reasonable attorneys fees) incurred by IronWatt in connection with its collection efforts.
• 00008. IronWatt Cards:
  • 00001. If a IronWatt Card fails to operate for reasons other than abuse or improper use and is returned to the IronWatt Customer Service Center, IronWatt will replace that IronWatt Card at no charge.
  • 00002. If a IronWatt Card is lost or stolen, please report such loss or event online, immediately (by deleting your card from your IronWatt Account), or, if you do not have access to the internet, inform IronWatt Customer Service immediately (see contact information at the end of this document). You remain liable for all Session Fees initiated with your IronWatt Card until you have notified the Customer Service Center that your IronWatt Card has been lost or stolen.
  • 00003. Your IronWatt Card usage is subject to the terms of the IronWatt Privacy Policy. For example, you agree that your IronWatt Card usage may be used by IronWatt to analyze averages, trends, and other anonymous patterns of usage, as per the IronWatt Privacy Policy. See https://na.IronWatt.com/privacy_policy for further details.
• 00009. Communications:
  • 00001. Push Notifications: When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
  • 00002. Email: We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
• 00010. Using the IronWatt Website or Mobile Applications: You may access and use IronWatt’s website and mobile applications to obtain information regarding IronWatt Enabled Charging Station locations, trip mapping and other content and features that IronWatt may make available subject to your full compliance with these Terms and IronWatt’s website terms and conditions, https://www.IronWatt.net/legal. You are responsible for all use of the IronWatt website and mobile apps under your user name. You acknowledge and agree that IronWatt may modify the IronWatt website terms and conditions and/or these Terms in any way and at any time, with or without notice. You further acknowledge and agree that, while IronWatt has attempted to provide accurate information on the IronWatt website and mobile apps, such information may change frequently and in no event will IronWatt be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the IronWatt website or mobile apps, or that any such information, materials, or other content is the most up-to date. 
• 00011. Licenses
  • 00001. Limited License: Subject to your complete and ongoing compliance with these Terms, IronWatt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and, unless otherwise expressly authorized by IronWatt in a separate written agreement, solely for your personal and non-commerial purpose.
  • 00002. License Restrictions: Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; (c) decompile, disassemble, reverse engineer or otherwise derive the source code of the Service (except to the extent such actions cannot be prohibited under applicable law and then, only to extent required); or (d) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
  • 00003. Ownership; Proprietary Rights: The Service is owned and operated by IronWatt. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by IronWatt (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of IronWatt or its third-party licensors. Except as expressly authorized by IronWatt, you may not make use of the Materials. There are no implied licenses in these Terms and IronWatt reserves all rights to the Materials not granted expressly in these Terms.
  • 00004. Feedback: We respect and appreciate the thoughts and comments from our users If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant IronWatt an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
• 00012. Offers from IronWatt Partners: From time to time, you may receive offers through IronWatt from other organizations. Acceptance and performance under those offers is strictly between you and those organizations. IronWatt does not assume responsibility for any performance by these organizations and you agree to look solely to them, and to release IronWatt from any liability, with respect to any offers you accept. These organizations conduct business for themselves and are not part of the IronWatt business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personally identifying information you provide to them.
• 00013. Termination: Either Party (or in the case of Organization Users, Third Party Payment Provider) may terminate this Agreement at any time and for any reason. You may terminate your account and these Terms at any time by contacting customer service at support@IronWatt.com. If IronWatt requests, or if you wish to terminate this Agreement, you must return all of your IronWatt Cards to IronWatt Customer Service. Except as otherwise set forth in applicable Program Terms, upon termination and your return of your IronWatt Card(s), your pre-paid account balance will be refunded to the credit card on file with your account within thirty (30) days of IronWatt’s receipt of your IronWatt Card(s). Following any termination, you remain responsible for payments owed under this Agreement. If your account balance is insufficient to cover outstanding charges, you will remain liable for all such amounts. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, and you may be subject to collection actions for any unpaid balance.
• 00014. Modification of the Service: IronWatt reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. IronWatt will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. If IronWatt makes any modifications to your IronWatt Account, which we reserve the right to do at any time, IronWatt will use commercially reasonably efforts to provide written notification (e.g., online notification). You will be deemed to have received such notice ten (10) days after that notice is provided or published. Such changes will not be effective with respect to you unless you use the Service after the deemed notice date. You agree that all changes become applicable to you when you use the Service after that date.
• 00015. Third-Party Websites: The Service may contain links to third-party websites. Linked websites are not under IronWatt’s control, and IronWatt is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any content or information with such third-party services. Once sharing occurs, IronWatt will have no control over the information that has been shared.
• 00016. Indemnity: To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify IronWatt, its affiliates, Hosts and Program Partners, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “IronWatt Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
• 00017. Disclaimer of Warranties:
  • 00001. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. IronWatt DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. IronWatt DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND IronWatt DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
  • 00002. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR IronWatt ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE IronWatt ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
  • 00003. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 17 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IronWatt does not disclaim any warranty or other right that IronWatt is prohibited from disclaiming under applicable law.
• 00018. Limitation of Liability:
  • 00001. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE IronWatt ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY IronWatt ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
  • 00002. EXCEPT AS PROVIDED IN SECTIONS 3 AND18.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE IronWatt ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO IronWatt FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
  • 00003. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  • 00004. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.
• 00019. Dispute Resolution and Arbitration
  • 00001. Generally: Except as described in Section2 and 19.3, you and IronWatt agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND IronWatt ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

• 00002. 
  • 00003. Exceptions: Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  • 00004. Opt-Out: If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending a letter to IronWatt, Inc., Attention: Legal Department – Arbitration Opt-Out, 254 East Hacienda Avenue, Campbell, CA 95008 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once IronWatt receives your Opt-Out Notice, this Section 19 will be void and any action arising out of these Terms will be resolved as set forth in Section 20. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
  • 00005. Arbitrator: This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267 or by contacting IronWatt.
  • 00006. Commencing Arbitration: Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). IronWatt’s address for Notice is: IronWatt, Inc., 254 East Hacienda Avenue, Campbell, CA 95008. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or IronWatt may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, IronWatt will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
  • 00007. Arbitration Proceedings: Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or IronWatt must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
  • 00008. Arbitration Relief: Except as provided in Section 8, the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by IronWatt before an arbitrator was selected, IronWatt will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
  • 00009. No ClassActions: YOU AND IronWatt AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IronWatt agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  • 00010. Modifications to this Arbitration Provision: If IronWatt makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to IronWatt’s address for Notice of Arbitration, in which case your account with IronWatt will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  • 00011. Enforceability: If Section8 or the entirety of this Section 19 is found to be unenforceable, or if IronWatt receives an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.

• 00021. Communications: Please address all inquiries and notices to IronWatt Customer Service in your region.

North America (US, Canada, Mexico) 
Address: 254 East Hacienda Avenue | Campbell, CA 95008 USA
Telephone: +1-888-PLUG-EV9 (+1-888-758-4389) [+1-408-370-3802 outside of North America]
E-mail: support@IronWatt.com
Website: https://www.IronWatt.net

• 00022. 

• 00023. Notice to California Residents: If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
• 00024. Notice Regarding Apple: This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and IronWatt only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

IronWatt Privacy Policy

Last Updated: September 23, 2022

Supplemental Privacy Notice for California Residents

IronWattTM (“IronWatt,” “we,” “our,” or “us”) provides this privacy policy (the “Policy”) to inform you on how we process your information, whether you are a visitor to our website, a purchaser of our electric vehicle charging stations, or a user of electric vehicle charging stations on the IronWatt Network. “IronWatt Network” refers to IronWatt’s open-platform network of electric vehicle charging stations and vehicle charging applications.

Except as explicitly provided herein, this Policy applies to your use of the IronWatt website (the “Website”), the IronWatt mobile application (the “App”), and to any service offered by IronWatt that includes a link to this Policy, including your IronWatt account (if you have registered or are registering your account) and the IronWatt radio-frequency identification cards (the “RFID cards”) (each of these services and applications are collectively defined as the “Service”).

Please read this Policy carefully to understand how we handle your information. By using or otherwise accessing the Service, you agree to this Policy. If you do not agree to this Policy, please do not access or use the Service.

1. Information We Collect

We obtain information about you when you use or otherwise access the Service. Please note that we need certain types of information to provide the Service to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain parts of our Service.

2.

• Information You Provide Directly to Us
  We collect information you provide directly to us. For example, you may provide us with information through your:

  • Use of the Service;

  • Registration for an account;

  • Access to and use of the IronWatt Network;

  • Purchases;

  • Communications with us, including for customer support, technical assistance, marketing, and billing;

  • Communications with other users of the Service; and/or

  • Participation in surveys, polls, sweepstakes, or promotions.

1. The types of information we collect directly from you include:

   • Account Registration Information: If you register for an account, we may collect your name, username, password, title, email address, address, telephone number, postal code, country, location, IronWatt card number, user identification, user differentiator, information about your vehicle (e.g. make, model, color), and payment information such as the last four digits of your credit card number.

   • Social Media Data: When you use IronWatt’s social media features to communicate with other users of the Service or upload a photo of the station, we collect your username and other information like charging station name and charging station location.

   • Charging Network Data: When you use the IronWatt Network, we may collect information such as, charging session date, start time, end time, duration, identification number, energy dispensed, charging port identification number, total fees associated with each charging session, pricing policy applied, RFID Card Identification Number, power cycle patterns, current, and voltage.

   • IronWatt Station Data: If you own or operate a IronWatt station for use commercially (a “Site Host”), we collect certain information from you as a Site Host, such as contact details and the Site Host’s affiliation or association to a company account. If you own or operate a IronWatt station for home use, we may collect session and scheduling data, information relating to the WIFI network you connect to the IronWatt station, geolocation of the IronWatt station, and other data you input into the home IronWatt station.

   • User Content: The Service may allow you to upload content, such as images and photos, and communications with other users.

   • Information We Collect From Third Parties
     We may collect information about you or others through our affiliates or through non-affiliated third parties. For example, Site Hosts may provide us with additional details about actual or potential users of the IronWatt stations hosted by the Site Host, including vehicle information and contact information of others.

2. We may also collect information about you from non-affiliated third parties for fraud or safety protection purposes, or for marketing purposes. We likewise may combine information that we collect from you through the Service with information that we obtain from such third parties and information derived from any other products or services we provide.

   • Device/Usage Information: We and our third-party service providers may use cookies, web beacons, and other tracking technologies to collect and store information about your use of the Service. As described further below, we may collect and analyze information including, but not limited to: (1) IP address, (2) date and day of access request, (3) pages viewed, (4) time zone difference to Greenwich Mean Time (GMT), (5) the standard HTTP-header information, (6) the time spent on each page of our Website or App page, (7) links you have clicked on our Website, (8) the page you visit before and after you come to our Website, (9) browser type, (10) operating system, (11) language, (12) advertising identification number and vendor identifier, (13) usage data including information on how you navigate the Service, and (14) version of browser software.

   • Location Information: When you use the Service, we may collect general location information (such as IP address). If you install our App, we may ask you to grant us access to your mobile device’s geolocation data. If you grant such permission, we may collect information about your precise geolocation, and we may use that information to improve the Service, including providing you with location-based features (e.g. for identification of IronWatt stations available near you). If you access the Service through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer's instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Service.

   • Cookies and Other Electronic Technologies: Like most websites, IronWatt uses cookies and similar technologies including web beacons, embedded scripts and e-tags (together referred to as “cookies”, unless otherwise stated) to provide users an efficient user experience in using the Website. A cookie is a small data file that is placed on your computer or mobile device by your web browser. It is a tool that stores information about website visits, recognizes you and your preferences each time you visit the Website, optimizes website functionality, and enables us to provide the Service. Some parts of the Website use cookies to track user traffic patterns.

   • Information We Collect Automatically

3. IronWatt uses cookies for a variety of reasons, including to: provide you the Service you have requested, enhance our Website’s performance, or analyze how users use our Website. Our use of cookies falls into the following categories:

   • STRICTLY NECESSARY COOKIES: These are essential to enable you to move around the Website and use its features. Without these cookies, the Service you have requested cannot be provided.

   • PERFORMANCE COOKIES: These cookies improve how our Website works. They collect information about how users use our Website (e.g., which pages users visit most often, and if users get error messages from web pages).

   • FUNCTIONALITY COOKIES: These cookies allow us to remember what choices you make (e.g., your username, language or the region you are in) to provide enhanced, more personal features. The information these cookies collect may be anonymized.

   • ADVERTISING AND MARKETING COOKIES: These cookies are used to: send you advertising and marketing-related material tailored to you and your interests, limit the number of times you see an advertisement, and help measure advertising campaigns’ effectiveness. These cookies are usually placed by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations like advertisers. The “interest-based” or “personalized” advertising powered in part by these cookies is usually more relevant to you, but it also generally involves the collection and use of more information about you and your browsing history. There are easy ways to opt out of most or all interest-based or personalized advertising: we describe how to do that in Section 4 titled “Online Analytics and Tailored Advertising.”

4. 00003. How We Use Information Collected

   IronWatt may use the information we collect from or about you for the following business or commercial purposes, such as uses to:

   00004.

   • Process your application to create an account with IronWatt;

   • Provide our Service to you, including information, products, and services you request from us that enable you to access our charging stations network;

   • Process billing functions, including payment of fees;

   • Notify you of changes to our Website or Service;

   • Manage and administer your account, including to distinguish between multiple vehicles or users under a single account, and for information regarding charging sessions (e.g., duration, energy consumption, station owner and station data);

   • Manage and respond to any inquiries, correspondence, concerns or complaints you have sent to us;

   • Communicate with you regarding the Service;

   • Enable you to communicate with other users;

   • Promote and market IronWatt products and services;

   • Analyze use of the Service;

   • Improve any services we provide, and research or develop other products or services;

   • Keep our Service secure and operational;

   • Provide value added service, promotions, and pricing;

   • Fulfill the purposes for which you provided it (such as to help you find a IronWatt station);

   • Maintain internal records;

   • Create or maintain aggregated, anonymized or de-identified information, which we may use and disclose without restriction;

   • Investigate, prevent, or take action regarding unlawful or harmful activities, including potential threats to physical safety, potential fraud, and violations of our Terms and Conditions; and/or

   • Safeguard our and others’ rights or property.

5. We may combine any of the information that we collect from you with other information, including information that we obtain from third parties, or with information derived from any other products or services we provide. For example, we may combine personal information you provide us, such as an email address, with information automatically collected about your device.

   00005. When We Share Your Information

   We may share your information we collect as follows:

   00006.

   • With our service providers and other contractors (e.g., hosting and financial providers, marketing, customer support platforms, and data storage providers);

   • With our affiliates;

   • With our distributors, resellers, channel partners, IronWatt charging station owners, or authorized third parties including third-party network providers, utilities or their respective employees, freelancers, and consultants to help us provide our Service to you;

   • With Site Hosts when you connect with a IronWatt station operated by a Site Host;

   • At your direction or with your consent, such as when you use our social media features to provide information to IronWatt users about our Service or when you direct us to share information with third parties such as utility companies;

   • In connection with the negotiation, diligence, or actual merger, acquisition or any form of sale of some or all of IronWatt assets or business;

   • In the unlikely event of insolvency, bankruptcy or receivership in which your information would be transferred as one of IronWatt’s business assets;

   • Where we are legally obligated to disclose information to the government or third parties for the purposes of criminal or fraud investigations, national security, law enforcement or other issues of public importance; and

   • Where we otherwise believe it appropriate to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions or any other legal terms governing use of the Service, and/or to protect our rights and property and the rights and property of other users.

6. 00007. Online Analytics and Tailored Advertising

   • Analytics: We may use third-party analytics services such as Google Analytics. These service providers use the technologies described in the “Information We Collect Automatically” section above to help us analyze how users use the Service, including analyzing your Website use, compiling reports on Website activity, and providing us with other services relating to Website activity and internet usage. We may also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on for your current web browser.

   • Tailored Advertising: We and our third-party service providers may use device identifiers and other automated technologies (including cookie identifiers on our website), along with other collected information, to deliver content or tailor ads when you are on our Service or on other devices, apps or websites. These ads may be based, for instance, on the types of websites that you visit over time, the types of apps you have on your device, or de-identified information about you and your likely interests, based on your activities off of our Service. Partners that we or others work with to do the above may track your activities over time (including across different apps or websites) by collecting information through automated means, and they may use this information, and other information they receive from us or other sources, to deliver advertisements to you. You may control and block the cookies used by the Website by modifying the settings in your browser or on your device that allow you to refuse the setting of all or some cookies. You can also adjust your settings so that your browser blocks all cookies or only cookies from third parties. You can also delete cookies that have already been placed. However, please note that if you use your browser or device settings to block all cookies you may not be able to access all or parts of our Website. For more information about how cookies can be managed and deleted please visit www.allaboutcookies.org or https://optout.networkadvertising.org.

7. 00009.

   00010. Security Measures

   IronWatt has implemented administrative, physical, and technical security measures to protect your information under our control.

   00011.

   While IronWatt takes precautions against possible security breaches of its Website and Service, no website or Internet transmission is completely secure and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We are unable to guarantee the security of your information while it is being transmitted to our Website or stored in our systems and any transmission is at your own risk.

   00012.

   You should take steps to keep your information safe (including your password) and to log out of your account after use. Where we have provided you, or you have chosen, a password which enables you to access certain parts of our Website, or a IronWatt RFID Card to access charge stations, you are responsible for keeping your password and IronWatt RFID Card confidential. You must not share these with anyone or store them in a way that may allow a third party to access them. If that happens, you agree to report it immediately to privacy@IronWatt.com. IronWatt cannot be held responsible for your failure to keep your password or IronWatt RFID Card secure.

   00013.

   You should update your password periodically to help reduce the risk of unauthorized access to your account with us. When you do, you should strengthen your password with the combination of uppercase and lowercase letters, numbers, punctuation and other symbols.

   00014.

   00015. Your Choices

   You may modify certain of the information we maintain about you by accessing your account. You may unsubscribe from marketing communications from us by following the directions in those communications. Please note that where you opt out of, and unsubscribe from, receiving marketing communications, we may still send you certain communications relating to your use of the Service (e.g., service announcements, notices about new features or information on the Service, administrative messages and communications regarding your account).

   00016.

   Local laws may also grant you additional rights. For example, Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing privacy@IronWatt.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

   00017.

   If you are a California resident, please see the supplemental disclosure to view details on your rights.

   00018.

   00019. Links to Third Party Websites and Services

   This Website may contain links to third-party sites. Access to any other websites linked to the IronWatt Website is at the user’s own risk, and IronWatt is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. IronWatt provides these links merely as a convenience and the inclusion of such links does not imply any kind of endorsement. If you provide any third-party with your information, we recommend that you review their privacy policies as IronWatt does not control how they collect, process and transfer your information.

   00020.

   00021. Children’s Privacy

   The Website and Service are intended for persons licensed to drive. In the United States, this typically means individuals over the age of 16. IronWatt does not knowingly collect any information from anyone under 16 years of age. If you are less than 16 years of age, we request that you do not submit information to us. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without parental consent, we will take reasonable steps to delete it as soon as possible as required by applicable law.

   00022.

   00023. Changes to Our Privacy Policy

   We may change this Policy to reflect changes in the law, our information practices or the features of the Service. At the top of our Policy, we will indicate the date of the most recent update. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements, which may be thru email. By continuing to use the Service