Terms &Conditions

These Terms & Conditions (the “Terms”) are a binding agreement between you and EV ART HOLDINGS LLC, a United States limited liability company doing business as EVART ENERGY (“EVART ENERGY,” “we,” “us,” or “our”).

They apply to the EVART ENERGY driver app, the EVART ENERGY operator app, evartenergy.com, and every charging session, payment, and support interaction that runs through them (together, the “Service”).

By creating an account, requesting a charging session, or otherwise using the Service, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

EVART ENERGY operates a platform for mobile EV charging. Instead of driving to a fixed station, you request a session from the app and a charging vehicle comes to you.

Three parties are involved in a typical session:

• EVART ENERGY runs the platform, the apps, the payment flow, and customer support.
• Partners are independent businesses that own the charging vehicles, equipment, and locations, and that set their own service areas and rates.
• Operators work under a partner and physically deliver the charging session.

Unless we tell you otherwise in writing, EVART ENERGY acts as the technology platform and payment facilitator for the session. The partner is the provider of the charging service itself.

You must be at least 18 years old, able to enter a binding contract, and located in a service area we support. You must hold a valid driver license or otherwise be lawfully in control of the vehicle you ask us to charge. The Service is offered in the United States only.

Keep your account details accurate and your login credentials private. Everything that happens under your account is your responsibility, including sessions requested and payments taken.

Tell us at Evart@evartenergy.com as soon as you think someone else has access to your account. One person, one account: do not share, sell, or transfer it.

When you submit a request, you are making an offer. A session is confirmed only once a partner or operator accepts it in the app. Availability depends on coverage, vehicle range, equipment, and demand, and we do not guarantee that any request will be accepted.

Estimated arrival times, energy amounts, and durations shown in the app are estimates, not commitments. Traffic, weather, site access, and your vehicle’s own charging behavior all affect the result.

You are responsible for making the session possible at the location you give us. That means:

• Giving an accurate address, parking level, and any gate, badge, or entry instructions.
• Having the legal right to park there and to receive a charging service at that spot.
• Leaving the charge port reachable and clear, and unlocking it if your vehicle requires that.
• Making sure the space is safe to work in: level ground, no flooding, no fire risk, and enough room for the charging vehicle and cabling.

An operator may refuse or stop a session if the site is unsafe, inaccessible, or not as described. Sessions on private property require the property owner’s permission, and you confirm you have it.

You can cancel a request in the app before an operator is dispatched at no charge. After dispatch, a cancellation fee may apply to cover travel and time.

If the operator arrives and cannot charge because the vehicle is absent, the location is wrong, the port is blocked or locked, or nobody is reachable, we may treat it as a no-show and charge the same fee.

If a partner or operator cancels, or nobody arrives, you are not charged and any hold on your wallet or card is released.

Pricing is set by the partner serving you and may be based on energy delivered, time, distance, service fees, or a combination. The rate and any fees shown in the app before you confirm are the ones that apply to that session.

Payments are processed by Stripe. We do not store your full card details. If you use a prepaid wallet balance, session costs are deducted from it, and you authorize us to charge your saved payment method for any shortfall.

Wallet balances are for paying for charging on the Service. They are not a bank deposit, earn no interest, and are not redeemable for cash except where state law requires it. We may place a temporary authorization hold when a session starts and settle the final amount when it ends.

You are responsible for applicable taxes. Declined or reversed payments may result in suspension until the balance is settled.

Completed charging sessions are generally non-refundable. We will review and, where warranted, refund or credit a session that failed, was interrupted by an equipment fault, or was billed incorrectly.

Raise billing issues within 30 days of the session by emailing Evart@evartenergy.com with the session details. Nothing here limits refund rights you have under applicable law.

If you claim or link an RFID card to your account, you are responsible for sessions started with it. Report a lost or stolen card immediately so we can disable it. You remain responsible for charges incurred before we receive that report.

The Service needs location data to work. We use your location to match you with nearby coverage and to route an operator to you, and we share live operator location during an active session so you can see the vehicle approaching.

Location sharing in the apps is foreground-only: it runs while the relevant screen is open, not in the background. You can turn location permissions off in your device settings, but most of the Service will not function without them. See our Privacy Policy for what we collect and how long we keep it.

Partners and operators are independent contractors. They are not our employees or agents, and we do not control how they perform a session. We are not responsible for equipment we do not own or for a partner’s acts or omissions.

If you use the operator app, you also agree that you are authorized by your partner to do so, that you hold the licenses, insurance, and training your work requires, that you will follow all safety rules and traffic laws, and that you will not operate the app while driving. Earnings are calculated per the commission structure agreed with your partner and paid out through Stripe Connect, subject to identity and tax verification.

You agree not to:

• Use the Service for anything unlawful, fraudulent, or deceptive.
• Tamper with, damage, move, or interfere with charging equipment or vehicles.
• Touch connectors, cabling, or equipment during a session except as the operator directs.
• Charge a vehicle that is damaged, recalled for a battery defect, or showing signs of a fault.
• Threaten, harass, or discriminate against an operator, partner, or member of our team.
• Attempt to access another user’s account, reverse engineer the Service, scrape it, or bypass any security or rate limit.
• Resell, rebrand, or misrepresent the Service without our written permission.

Follow every instruction an operator gives you at the site. If anything seems unsafe, stop and contact emergency services first, then us.

You are responsible for confirming that your vehicle, connector type, and onboard charger are compatible with the session you request, and that charging it will not void a warranty or breach a manufacturer instruction. Charging speed and the final state of charge are governed by your vehicle’s own battery management system, its temperature, and its state of health, none of which we control.

The apps, the website, the EVART ENERGY name and logo, and everything we publish through the Service belong to us or our licensors. We grant you a personal, revocable, non-transferable license to use the apps for their intended purpose. You may not copy, modify, distribute, or create derivative works from them.

The Service relies on third parties including Stripe for payments and mapping and messaging providers for navigation and notifications. Their own terms and privacy policies apply to their part of the experience, and we are not responsible for their availability or performance.

If you install our apps from the Apple App Store or Google Play, you also agree to that store’s terms. Apple and Google are not parties to this agreement, have no obligation to provide support for the apps, and are not responsible for any claim relating to them. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that coverage will be available in your area, that a request will be accepted, that the Service will be uninterrupted or error-free, or that any particular charge level, speed, or arrival time will be achieved.

To the fullest extent permitted by law, EVART ENERGY and its partners, operators, officers, and employees are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of use, or damage to a vehicle or its battery, arising from or relating to the Service.

Our total liability for any claim relating to a charging session is limited to the amount you paid us for that session. For any other claim, our total liability is limited to the greater of the amounts you paid us in the six months before the claim arose, or $100.

Some states do not allow certain limitations, so parts of this section may not apply to you.

You agree to indemnify and hold harmless EVART ENERGY, its partners, and its operators from any claim, loss, liability, or expense, including reasonable legal fees, arising from your use of the Service, your breach of these Terms, your violation of any law, or your infringement of a third party’s rights.

Contact us first at Evart@evartenergy.com. Most issues are resolved quickly, and we ask you to give us 30 days to try before starting a formal proceeding.

If we cannot resolve it, you and EVART ENERGY agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in [State] or conducted remotely. The Federal Arbitration Act governs this section.

Disputes are brought individually. You and EVART ENERGY each waive the right to a jury trial and to participate in a class, collective, or representative action. Either party may still bring a qualifying claim in small claims court.

You may opt out of arbitration within 30 days of first accepting these Terms by emailing Evart@evartenergy.com with your name, account email, and a statement that you are opting out. Opting out does not affect anything else in these Terms.

We may suspend or close your account if you breach these Terms, if we suspect fraud or unsafe behavior, or if we are required to by law. You can stop using the Service and ask us to close your account at any time. Outstanding balances, and the sections on liability, indemnification, and disputes, survive termination.

We may update these Terms. If a change is material, we will let you know in the app or by email before it takes effect. Continuing to use the Service after that means you accept the updated Terms. The date at the top of this page always reflects the current version.

These Terms are governed by the laws of the State of [State] and applicable United States federal law, without regard to conflict-of-laws rules. Where arbitration does not apply, the state and federal courts located in [State] have exclusive jurisdiction.

If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

Neither party is liable for failures caused by events beyond reasonable control, including severe weather, grid outages, and acts of government. You agree to receive notices from us electronically, by email or in-app message. These Terms and the Privacy Policy are the entire agreement between us about the Service.

Questions about these Terms, a session, or a charge on your account go to Evart@evartenergy.com, and we will get back to you.