WELCOME TO EVCoDriver!
These Terms of Use (the “Terms”) govern the access and use by you, an individual, of the EVCoDriver mobile software application (the “EVCoDriver App”) and website and related content and services (collectively, the “Services”) made available by Navagis Inc. (“Navagis”, “us” or “we”). Please review these terms carefully before accessing or using the services. Please also note the binding arbitration and class action waiver section below as it affects how disputes will be handled.
These terms include the Privacy Policy at https://evcodriver.com/index.php/privacy-policy/. The Privacy Policy describes our use of certain personal information, including location data and other data and information.
LEGALLY BINDING CONTRACT
Clicking “AGREE” or accessing or using the services constitutes your agreement to be bound by these terms including the Privacy Policy. If you do not agree to these Terms, you may not access or use the Services. In addition, you may be denied access to the Services, with or without notice, if you do not comply with any of these Terms. If you do not agree to these Terms, you should cease use of the Services and delete the EVCoDriver App from your mobile device and any other computers on which they may be installed.
BETA VERSION
You acknowledge that the EVCoDriver App is currently released in beta form and that the Services are available only in limited geographical areas (currently, parts of North America).
AMENDMENTS
Navagis may amend these Terms from time to time. Amendments will be effective upon posting such updated Terms and we encourage you to review them. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms as amended. If you do not agree to the updated Terms, you may not continue to access or use the Services and you should cancel your account as described in the “Cancellation” section below, cease use of the Services and delete the EVCoDriver App from your mobile device.
PRIVACY
Your privacy is important to us. While using EVCoDriver App, location data and other information may be collected to enable us to provide, maintain and improve our services; provide personalized services, content, ads, and promotional campaigns; conduct analytics and measurement to understand EV drivers’ driving and charging behavior. Please note that location data is collected when you select the “START” button. Please read our Privacy Policy at https://evcodriver.com/index.php/privacy-policy/ or as available through a text file in the EVCoDriver App (the “Privacy Policy”) which describe the types of information we collect from you and how we use this information. It is your responsibility to inform drivers and passengers of your vehicle of these Terms including the Privacy Policy. The Privacy Policy is incorporated in, and made a part of, these Terms.
REGISTRATION
User Accounts. In order to use the Services, you must register and maintain a user account (“User Account”) with Navagis. Your User Account may be set up after you download the EVCoDriver App to your mobile device. You must be at least 18 years of age to obtain a User Account. Registration of a User Account requires you to submit certain personal information, which may include your name, email address, and vehicle information, which may include make, model, year and trim. Upon successful completion of the registration process, you will be issued an EVCoDriver Connected Car Services User ID and password. You agree to provide and maintain complete, accurate and updated information in your User Account. You are responsible for all activity that occurs under your User Account. You agree to keep your User ID and password confidential. You may only have one User Account.
Please note that you may only use the Services for your own vehicle. If you sell or otherwise transfer ownership of your vehicle, you must follow the instructions of the vehicle manufacturer, including all steps necessary to remove your account information from the vehicle or reset to original factory settings.
If you wish to stop your vehicle from communicating with the API server of your third party vehicle manufacturer, please delete your account information (username and password) for the third party manufacturer from the EVCoDriver App that you had input in order to enable EVCoDriver to link to the vehicle manufacturer’s API server.
SERVICES
The Services are primarily intended to enable drivers of certain electric vehicles (EVs) to (i) arrive at their destinations earlier while lessening driving range anxiety, (ii) reduce waiting times, (iii) start driving without necessarily putting in place a detailed charging plan by giving optimal navigation, but no specific representation, guarantee, warranty, or assurance is provided by Navagis to you or any other user regarding fitness for these purposes. The specific services and the EVCoDriver App’s features and functions may change from time to time, so please refer to the EVCoDriver App to determine currently available services, features and functions.
Please also note the following important points concerning the Services. These points are highlighted here for your convenience only and do not supersede or override any of the other terms and conditions set forth in these Terms.
● Always drive attentively and in accordance with traffic laws and driving conditions. When using the Services, observe all traffic laws and use your own personal judgment in determining whether a particular route or suggested charging station location is safe, legal and suitable. Do not manually input destinations or otherwise use the Services (except through verbal command, when safe and legal to do so) unless the car is stationary and parked or in a safe, legal location. You hereby agree Navagis is not liable for damages caused by manual operation of the Services while a vehicle is in motion or any other distracted driving while utilizing the Services.
● The Services rely on data and services provided by or through third party vehicle manufacturers and service providers and third-party applications for mapping, navigation, logistics, charging station location and activity status, wireless data transmission and data storage, the ability to access GPS signals, and battery state of charge (SOC) data. You acknowledge and agree that Navagis makes no representations, warranties or guarantees with respect to any such services or the availability or accuracy of such data or the accessibility of GPS signals and that the accuracy and functioning of the Services may be negatively affected if any data from third party vehicle manufacturers, service providers or applications is or becomes unavailable or inaccurate or if GPS signals are or become inaccessible.
● In order to use the Services, you may be required to input a unique API key or token or other information (such as username, password, etc.) to connect the Services to the API server or other network of your vehicle’s manufacturer or other third party. You acknowledge and agree that you are solely responsible for making this connection and that you have all rights and licenses necessary to input this information.
● Information, directions or other data provided through the Services are not intended to replace information provided on the road (such as road signs), by traffic authorities, by police or other law enforcement authorities, by participating charging stations, or through the car’s systems.
● Use of the Services requires an Internet connection. Any associated charges (such as mobile data expenses) are exclusively your responsibility.
● The Services may be available on smartphone or other devices in your possession. We do not guarantee that the Services, or any portion thereof, will function on any particular device, or that there will not be any malfunctions or delays in the Services due to such devices or the use of the internet or electronic communication systems.
● We do not guarantee that the Services will be able to connect to or interoperate with the API server or network of your vehicle’s manufacturer or other third party or that any information or data provided by such third party API server or network will be accurate or complete. You acknowledge and agree that the Services may not be available or may cease functioning, in whole or part, if a connection to, or interoperability with, such third party API server or other network or interoperability cannot be achieved or maintained.
● Unless otherwise agreed in writing, the Services are made available to you solely for your personal, non-commercial use.
● Navagis may modify or discontinue the Services or any of its features or functionality at any time with or without cause, permanently or temporarily.
● While the Services are intended to reduce range anxiety, promote the use of electric vehicles generally, provide optimal navigation, and otherwise making the driving experience less stressful and more enjoyable, Navagis does not warrant or represent these or any other results from the use of the Services.
● Navagis will not be responsible for any failure to provide Services due to any force majeure event including, but not limited to, any act or omission of the wireless carrier or other third party service or product provider or technology, any GPS or other communication failures, any equipment failures or shortages, any acts of nature, labor strikes, war, or any other act or event that is outside of the reasonable control of Navagis.
LICENSE; INTELLECTUAL PROPERTY
Subject to your compliance with these Terms, Navagis grants you a limited, non-exclusive, non-sublicensable, non-transferrable, revocable license to (i) access and use the EVCoDriver App on your personal mobile device solely as permitted in these Terms; and (ii) access and use any content and information made available through the Services solely for your personal, non-commercial use. The EVCoDriver App is licensed, not sold. The Services (including the EVCoDriver App) and all rights therein are and shall remain the exclusive property of Navagis or its licensors. Neither these Terms nor your access or use of the Services grant or convey to you any rights in or related to the Services or the EVCoDriver App except for the limited license above nor are you granted any rights to Navagis’ trademarks, service marks, company name, product or service names. You are solely responsible for ensuring that you have any and all other third party rights and licenses necessary (such as from your vehicle’s manufacturer) necessary for you to use the Services.
RESTRICTIONS ON USE
Without limiting any other restrictions and limitations in these Terms on your use of the Services, you may not: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Services or any content appearing therein except as may be permitted by applicable law; (ii) remove any copyright, trademark or other proprietary notices from any portion of the Services; (iii) sell or resell, license, distribute, leases, transfer, publicly display or perform, stream, transmit, broadcast or otherwise exploit the Services except as expressly permitted by Navagis in these Terms; (iv) link, frame or mirror any portion of the Services; (v) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, (vi) harvest or collect personal information about other users of the Services or engage in any scraping, indexing, surveying or other data mining of the Services; (vii) interfere with or disrupt the operation and/or functionality of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its associated systems or networks; (viii) use the Services for any illegal, immoral or unauthorized purpose; or (ix) use the Service for non-personal or commercial purposes without Navagis’ express prior written agreement. For added clarity, all of (i)-(ix) above apply equally to the EVCoDriver App component of the Services.
USER CONTENT
The Services may permit you to submit, upload or publish content such as feedback, questions or commentary on the Services directed to Navagis, its business partners, or other users. Any content you provide will remain your property. You represent and warrant that you are the sole and exclusive owner of such content or have obtained the necessary rights from others and that such content will not: (i) violate, infringe or misappropriate any third party’s intellectual property rights, publicity rights, or privacy; (ii) violate any applicable law or regulation; or (iii) be libelous, hateful, violent, obscene or otherwise offensive as determined by Navagis in its sole discretion.
In addition, you grant to Navagis and its business partners and affiliates a worldwide, irrevocable, perpetual, transferable, sublicensable, royalty-free license to use, copy, reproduce, modify, create derivative works of, distribute, publicly display or perform, and otherwise use and exploit such user content in all forms and means of distribution without further notice to or consent by you and without any obligation to make payment to you or any other person or entity.
THIRD PARTY DISTRIBUTION PLATFORMS
The Services may be made available, via download to your mobile device or otherwise, through third party distribution services or platforms that Navagis does not control. You acknowledge and agree that that different terms of use, license agreements, or privacy policies may apply to such third-party services or platforms and that Navagis is not responsible for such third-party services or platforms. If you download or access the Services by means of an EVCoDriver App developed for Apple’s iOS operating systems or Google’s Android operating system, Apple Inc. or Google LLC, respectively, will be a third-party beneficiary to these Terms and accordingly have the right to enforce these Terms against you.
DISCLAIMERS
Navagis provides the Services on an “as is” and “as available” basis and disclaims all representations and warranties, either express, implied or statutory, with respect to the services including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, Navagis makes no representation, warranty or guaranty regarding the suitability, safety, accuracy, reliability, timeliness, or security of the Services or that the Services will be uninterrupted or error-free. Navagis does not warrant, endorse or guarantee any third-party products or services including, without limitation, any maps, driving instructions or routes, or the availability or any necessary content, data, or connections with servers or other networks operated by your vehicle’s manufacturer or other third parties.
LIMITATION OF LIABILITY
To the maximum extent permissible by law, in no case shall Navagis (including its affiliates and any of their officers, directors, shareholders, employees, contractors and agents) be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits or lost data, whether in tort, contract, negligence, strict liability or other cause of action, arising out of or related to the services (including, but not limited to, your access or inability to access the Services or the interruption, suspension, termination or failure of the Services, in whole or part) and even if Navagis has been advised of the possibility of such damages. In no event shall Navagis’ total liability to you in connection with the Services for all damages, losses, expenses and causes of action exceed $250 or the maximum amount permitted by law, if higher.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Navagis and its affiliates and their officers, directors, shareholders, employees, contractors and agents from any claims, demands, losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising out of (i) your use, or inability to use, the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of any third party rights or any damages you inflict on any third party in connection with your use of the Services; (iv) Navagis’ use of any content you provide; or (v) your violation of any laws or regulations.
CANCELLATION
You may cancel your User Account and the Services at any time. To cancel your account, please contact us at support@evcodriver.com.
TERMINATION
Navagis may suspend or terminate your User Account or access to the Services at any time, with or without notice, in the event you breach any provision of these Terms or if Navagis determines, in its sole discretion, to alter or discontinue the Services.
GOVERNING LAW
These Terms are governed by and shall be construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws principles. Notwithstanding the foregoing, the BINDING ARBITRATION; CLASS ACTION WAIVER section below will be governed by the Federal Arbitration Act, without regard to state law.
BINDING ARBITRATION; CLASS ACTION WAIVER
BINDING ARBITRATION. YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION BETWEEN YOU AND NAVAGIS, NOT IN COURT, IN ACCORDANCE WITH THESE TERMS, EXCEPT THAT: (I) EITHER PARTY MAY ASSERT QUALIFYING CLAIMS IN SMALL CLAIMS COURT, AND (II) NAVAGIS MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF ITS INTELLECTUAL PROPERTY RIGHTS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION.
CLASS ACTION WAIVER. BOTH YOU AND NAVAGIS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. BOTH PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT: (I) COMBINE MORE THAN ONE INDIVIDUAL’S CLAIM(S) INTO A SINGLE CASE IN ANY MANNER WHATSOEVER; OR (II) ARBITRATE ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Arbitration Procedures and Rules. The arbitration will be conducted in accordance with the American Arbitration Association’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, as modified by these Terms, and the proceedings will be administered by the American Arbitration Association (the “AAA”). A party wishing to commence arbitration proceedings shall provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (For reference, as of the effective date of these Terms, the AAA’s general form Demand for Arbitration (Consumer Arbitration Rules) is available at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_0.pdf. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Navagis will reimburse those fees for claims totaling less than $7,500, unless the arbitrator determines the claims are frivolous or brought for an improper purpose. Navagis will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous or brought for an improper purpose. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Arbitration Awards. Judgment on the arbitration award may be entered in any court having competent jurisdiction. Any damages award issued by the arbitrator must be consistent with the “Limitation of Liability” section of these Terms. Awards of declaratory or injunctive relief may only be in favor of the claimant and only to the extent necessary to provide relief necessary for the claimant’s individual claim.
REJECTION OF CHANGES TO THIS SECTION. YOU MAY REJECT ANY CHANGES THAT NAVAGIS MAKES TO THIS SECTION AFTER YOUR ACCEPTANCE OF THESE TERMS BY SENDING WRITTEN NOTICE OF SUCH REJECTION TO NAVAGIS BY UNITED STATES MAIL TO: NAVAGIS INC., 111 E. CAPITOL STREET, SUITE 270-A, JACKSON, MS 39201, USA , ATTN.: EVCODRIVER CUSTOMER SUPPORT WITHIN 30 DAYS AFTER SUCH CHANGES BECOME EFFECTIVE. IF YOU SEND SUCH REJECTION NOTICE, THE MOST RECENT VERSION OF THIS SECTION BEFORE THE CHANGES WILL APPLY.
Severability. If the class action waiver above is found to be unenforceable or illegal to all or some portions of a dispute between the parties, then this section will not apply to such portions. In that case, those portions will be severed and resolved in a court of law and the remaining portions shall be resolved by arbitration. If any other provision of this section is found to be unenforceable or illegal, then that provision will be severed and the remainder of this section will continue in full force and effect.
Notice
Navagis may give notice by means of a general notice on the Services via the EVCoDriver App, electronic mail to your email address in your User Account, or by written communication sent by first class mail to your address in your User Account. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing (if sent by first class mail) or twelve (12) hours after sending (if sent by email). You may give notice to Navagis, with such notice deemed given when received by Navagis, at any time by first class mail to Navagis Inc., 111 E. Capitol Street, Suite 270-A, Jackson, MS 39201, USA , Attn.: EVCoDriver Customer Support.
GENERAL
These Terms constitute the entire agreement between you and Navagis related to these Terms and the Services and they supersede all prior or contemporaneous communications, agreements, and proposals, whether electronic, oral or written, between you and Navagis related to the Services in their current or any prior form. You may not assign these Terms without Navagis’ prior written approval. These Terms and the rights, benefits and obligations contained herein are fully assignable by Navagis and will be binding upon and inure to the benefit of Navagis’ successors and assigns. No agency, partnership, joint venture, or employment relationship between you and Navagis is intended or created by these Terms. Any failure of Navagis to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of such right or provision. Any waiver of any right or provision of these Terms must be in writing. Subject to the Severability provision of the “Binding Arbitration; Class Action Waiver” section above, if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severed and superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Navagis’ provision of the Services and these Terms are subject to laws and legal process and nothing contained in these Terms limits Navagis’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services. The headings in these Terms are for convenience only and have no legal or contractual effect.
Effective as of October 11, 2022