Welcome, and thank you for your interest in the services offered by ChargePoint Network (Netherlands) B.V., located at Hoogoorddreef 56E, 1101 BE Amsterdam, the Netherlands, registered with (i) the trade registry of the Dutch Chamber of Commerce under number: 66828147 and (ii) the Dutch tax authorities under number: NL8567.14.392.B.01 (“ChargePoint,” “we,” or “us”) and our website at www.chargepoint.com, along with our related websites and including, without limitation, mobile or other downloadable applications, ChargePoint Cards, and other electronic medium that allows you to authenticate and access your ChargePoint Account, provided by us (collectively, the “Service Authentication Methods”). These Terms are a legally binding contract between you and ChargePoint regarding your use of the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
By clicking “I accept,” or by downloading, installing, or otherwise accessing or using the services, you agree that you have read and understood, and, as a condition to your use of the services, you agree to be bound by, the following terms of service, including, without limitation, ChargePoint’s privacy policy (https://eu.chargepoint.com/privacy_policy) and the terms and conditions that apply to your use of the applicable charging stations (collectively defined as “Terms”). The Terms may be amended from time to time by ChargePoint. If you are not eligible, or do not agree to the terms, then you do not have our permission to use the services. Your use of the services, and ChargePoint’s provision of the services to you, constitutes an agreement by ChargePoint and by you to be bound by these terms (this “Agreement”).
1. Overview: ChargePoint is in the business of enabling drivers, via Service Authentication Methods, to find, use, and pay for charging sessions (“Services”) at charging stations of charging networks managed by ChargePoint’s roaming partners, and/or stations that use ChargePoint’s charging management service platform (together “Charging Stations”). Charging Stations are owned and/or operated (as applicable) by “Station Owners”. ChargePoint. “ChargePoint Cards”, available in the form of radio frequency identification cards, as well as authentication methods via the applicable Service Authentication Methods, that such drivers are authorized to use. ChargePoint offers ChargePoint Cards branded with the ChargePoint name, or, in some instances, with the brand of a third party (each, a “Branding Affiliate”). 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 ChargePoint Cards. We may make available pre-release versions of the Services, including, without limitations, certain beta features or functionalities that we may make available in connection with the generally available and/or pre-release versions of the Services (“Pre-Release Services”). Your use of Pre-Release Services is governed by the Pre-Release Services Terms and Conditions described in Annex 1 of these Terms.
2. ChargePoint Account: The Terms accompany and are part of each ChargePoint account (each, a “ChargePoint Account”). Connection Terms as defined below, which shall govern your use of the applicable Service Authentication Methods. To the extent there is a conflict between the Terms and any Connection Terms, the Connection Terms shall solely control as it relates to your participation in the Connection. Connection Terms may for example provide for deviating billing and payment processes offered by a Partner.
3. Connections: Your ChargePoint Account will be tied to an offer or program offered by ChargePoint or one of its partners (such as your employer or a leasing firm) to you (“Connection”). By making use of a Connection, you acknowledge and agree that additional program-specific terms and conditions (“Connection Terms”) shall apply to your participation in such Connection. An active Connection is required to use your ChargePoint Account.
4. Your Obligations - You Agree to:
4.5 Obey all applicable laws and regulations, as well as any policies and rules of the Station Owner and/or the owner of the property on which the Charging Station is located.
5. Billing of Fees: Your Service Authentication Method may be used to pay Session Fees on any publicly accessible Charging Stations you are allowed to use. When using your Service Authentication Method for payment of Session Fees, your applicable method will be read by the applicable Charging Station and a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price applicable at the ChargePoint Available Charging Station. If you use, or allow another person to use, your Service Authentication Method on any ChargePoint Networked Charging Station, you agree to pay the Session Fees. You agree that ChargePoint may share with the Station Owner any information contained in your use of the ChargePoint Account for purposes of processing and collecting Session Fees, and enforcing the applicable charging network policies.
6. Options, Authorization Hold, Fees and Charges; Cancellation: If we enable you to add payment methods to your ChargePoint Account, you agree that we may charge any of those payment methods for any future transactions or fees owed to ChargePoint. If your selected payment method expires, becomes invalid, or otherwise unable to be charged, you agree that we may charge any other available payment method saved to your ChargePoint Account. If your payment method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance, expiration or otherwise, we may automatically update your payment method on file, in accordance with applicable law, if we acquire that information from our financial services partners or your bank. We reserve the right to decline, refuse or limit the use of any payment methods that we believe may be unauthorized, fraudulent or illegal or may violate our policies or procedures or otherwise expose us to an unacceptable level of risk. We are not responsible or liable for any payment made through your ChargePoint Account outside of our control, regardless of whether such payment are authorized or unauthorized by you. Certain payment methods may involve the use of third-party payment service providers not affiliated with us. You should review the payment service provider’s terms of use before using such payment method. ChargePoint may place an authorization hold per charging session on the provided payment method in connection with your ChargePoint Account (“Authorization Hold”). This Authorization Hold is temporary, and you will only be billed for the actual Session Fees, if applicable, for each of the applicable charging sessions. The timing for the release of any Authorization Holds is subject to the applicable card issuer’s policies. ChargePoint is not responsible or liable for any delays or consequences related to Authorization Holds.
7. Account Suspension and Account Removal/Closing: In the event that your payment method is declined, or in the event of any other failure by you to properly maintain your ChargePoint Account, ChargePoint may close your ChargePoint Account and, in the case of any negative balance, institute collection proceedings in order to collect any unpaid balance and, at ChargePoint’s sole option, all fees, costs or other expenses (including, without limitation, reasonable attorneys fees) incurred by ChargePoint in connection with its collection efforts. You acknowledge and agree that you have the right to close your ChargePoint Account, including, without limitation, to prevent improper use or abuse; provided, that you shall remain responsible and liable, for any unpaid balance.
8. ChargePoint Cards:
9. Privacy. When you use the ChargePoint Account and the Services, ChargePoint will process your personal data. ChargePoint takes pride in being transparent about our collection, processing and use of our users’ personal data, and ChargePoint thinks it is important that you understand what ChargePoint does and does not do with your personal data. You can find more information on the processing of your personal data by ChargePoint at ChargePoint’s privacy policy (https://eu.chargepoint.com/privacy_policy).
10. Communications.
11. Licenses:
12. Offers from ChargePoint Partners: From time to time, you may receive offers through ChargePoint from other organizations. Acceptance and performance under those offers is strictly between you and those organizations. ChargePoint does not assume responsibility for any performance by these organizations and you agree to look solely to them, and to release ChargePoint from any liability, with respect to any offers you accept. These organizations conduct business for themselves and are not part of the ChargePoint 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.
13. Termination: Either Party (or in the case of Organization Users, the applicable 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@chargepoint.com. If ChargePoint requests, or if you wish to terminate this Agreement, you must return all of your ChargePoint Cards to ChargePoint Customer Service. Following any termination, you remain responsible for payments owed under the Terms. 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.
14. Modification of the Services: ChargePoint reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. ChargePoint will have no liability for any change to the Services, including any paid-for functionalities of the Services, or any suspension or termination of your access to or use of the Services. If ChargePoint makes any modifications to your ChargePoint Account and/or these Terms, which we reserve the right to do at any time, ChargePoint 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 Services after the deemed notice date. You agree that all changes become applicable to you when you use the Services after that date.
15. Third-Party Websites: The Services may contain links to third-party websites. Linked websites are not under ChargePoint’s control, and ChargePoint is not responsible for their content. Please be sure to review the terms of use and privacy policy of any applicable third-party services before you share any content or information with such third-party services. Once sharing occurs, ChargePoint will have no control over the information that has been shared.
16. Your Liability. You shall be liable to ChargePoint for any direct damages, losses, or costs incurred by ChargePoint or its affiliates as a result of (1) your use of the Services in material breach of these Terms; (2) your willful misconduct or gross negligence in connection with the Services; or (3) your infringement of any third-party intellectual property right through your use of the Services, in each case to the extent that such damages, losses, or costs are directly attributable to your acts or omissions. This provision does not limit or exclude any mandatory rights you may have under the consumer protection laws of your country of residence.
17. Limitation of Liability:
17.1 ChargePoint shall be liable in accordance with the applicable statutory provisions (whether in contract, tort or otherwise) for damages suffered by you that:
a. have been caused as a result of ChargePoint, its legal representatives, its agents or auxiliaries having acted, or having failed to act where there was a duty for ChargePoint to act, in gross negligence or with wilful or malicious intent (which includes fraud or fraudulent misrepresentation);
b. have occurred as a result of a breach of a guarantee (the term “guarantee” in accordance with the applicable statutory meaning);
c. have occurred as a result of ChargePoint breaching a material contractual obligation (as regards the term “material contractual obligation” see Section 17.2);
d. that are a result of a culpably caused injury to life, limb or health; and/or
e. that are subject to product liability under any applicable product liability rules.
In cases of negligence (other than gross negligence) in breaching a material obligation under these Terms, ChargePoint’s liability shall be limited to damages that are typically foreseeable in the context of a contract such as the Agreement under these Terms. The foregoing limitation of liability shall, however, not apply where the damages result from culpably caused injuries to life, limb or health, fraud or fraudulent misrepresentation, wilful misconduct or a breach of a guarantee (as defined in Section 17.1.b.) or where the mandatory applicable law does not permit to limit nor exclude ChargePoint’s liability in such cases.
17.2 “Material contractual obligations” are such contractual obligations, the fulfilment of which is essential for the proper performance of the Agreement and on which the contractual partner may rightfully rely, and that, on the other hand, jeopardize the aim and purpose of the Agreement if breached.
17.3 Any liability other than or beyond the liability provided in Sections 17.1 and 17.2 is excluded unless otherwise provided under mandatory consumer protection laws in the country of your domicile or any other mandatory applicable law.
17.4 Other than in cases that fall under 17.1 above, ChargePoint’s aggregate liability under this Agreement shall not exceed aggregate Session Fees paid by you to ChargePoint in the twelve (12) calendar months prior to the event giving rise to the liability.
17.5 You are responsible for ensuring the routine backup of your data. Irrespective of Sections 17.1 and 17.2, if you suffer damages that result from the loss of data, ChargePoint shall in any case only be liable for such damages if and insofar as the damages could not have been avoided by you carrying out data backups of all relevant data at regular intervals.
18. Governing Law and Dispute Resolution Law
18.2 Alternative Dispute Resolution: The European Commission provides a platform for online alternative dispute resolution at http://ec.europa.eu/consumers/odr/ that consumers can use to resolve disputes that they may have, and where consumers can find further information on alternative dispute resolution.
19. Contractual Transparency. The contractual transparency information referenced in Article 28 of the EU Data Act can be accessed via the following link.
20. 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 ChargePoint only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services 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 Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services 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 Services and/or your possession and use of the Services infringe third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. 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.
21. Assignment. ChargePoint may assign any or all of these Terms, and may assign, transfer, or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, no transfer or sublicense your rights under these Terms to any third party.
22. Country Specific Terms
22.1 France. If you are a consumer and your domicile is in France:
22.2 Denmark: If you are a consumer and your domicile is in Denmark, the following applies to you additionally:
23. Right of Withdrawal. If you are a consumer within the definition of the applicable law, you have a statutory right to withdraw from the Agreement made under these Terms on which ChargePoint instructs you as follows.
1. Status of Pre-Release Services
Pre-Release Services are pre‑production versions and provided to you for testing and evaluation purposes only. It may be incomplete, unstable, or contain errors, and features may change or be removed at any time. We are not obligated to release a final or generally available version of the Pre-Release Services.
2. Access and Availability
We may modify, suspend, or discontinue the Pre-Release Services at any time, limit features or usage, or terminate your access without any notice.
3. Confidentiality
4. Feedback
Any feedback you provide regarding your use of the Pre-Release Services is voluntary and at your discretion. You grant ChargePoint a perpetual, worldwide, irrevocable, sublicensable, transferable, fully paid up, and royalty-free license to use such feedback without restriction.
5. No Support
ChargePoint does not provide any support, maintenance, or service‑level guarantees for the Pre-Release Services.