Terms and Conditions
dmEVS is a technology company that provides mobile charging for users for on-demand, roadside mobile charging service in partnership with third- party providers which are under an agreement with dmEVS.
Summary:
In order to create an account that allows dmEVS to provide our Services to you, you must be 18 years of age or older; provide a certain amount of personal information; allow dmEVS to collect your precise geolocation and vehicle information. Agreeing t our terms and conditions may subject you to receiving informational and marketing texts or email messages. By accepting our terms and conditions, you permit dmEVS to have access to your personal information and User Content in order to use the dmEVS service. You are responsible for keeping your account secure. You may not have more than one dmEVS account.
User Eligibility & Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to register an Account. Account registration requires you to submit certain personal information to dmEVS such as your name, address, mobile phone number, password, vehicle year, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). Multiple vehicles can belong to one Account. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services of dmEVS and will result in termination of this Agreement. You are responsible for all activity that occurs on your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by dmEVS in writing, you may only possess one Account.
1. How dmEVS Subscriptions Work
Your dmEVS Subscription travels with you, not your car. You may receive Service even if you are a passenger in another vehicle. Non-members driving your car are not eligible for Service. Service is not available if the vehicle is not insured or is inoperable prior to purchasing a subscription.
You can choose to upgrade your Subscription coverage at any time; however, restrictions may apply:
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Upgrading your Subscription will only be possible if you still have Service left to receive.
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Upgraded benefits will become active 48 hours after the upgrade is purchased.
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Upgraded benefits will not cover any pre-existing issues with your vehicle.
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Any additional charges, as further described below, associated with your Account will be at your expense.
-Roadside Assistance
In order to receive Services, you must be present with the vehicle and have show proof of subscription at the scene. Service is not available to unattended vehicles and is only available to the individual named on the subscription. Personal identification must be shown prior to roadside assistance Services and must match the dmEVS account holder on file. New subscribers requiring immediate Service will be charged a one-time fee of $200 for the 1 (one) Time Service Request. Roadside Assistance Service is not available for vehicles with pre-existing issues. Additional charges may apply for fees associated with waiting time or stand-by time. Roadside Assistance Service allows for Basic coverage of up to 10km on an initial service, regardless of whether the new subscribers purchase a Basic, Plus or Premium Subscription.
-Premium On-demand
You agree to prepay a set fee monthly basis, for a dmEVS provider to bring a portable EV charger to a location where your compatible electric vehicle is located. The number of charging Service per month will depend on your subscription. When you buy a dmEVS subscription, you agree to have your credit card charged every Billing Cycle on a recurring basis, you agree to these dmEVS Subscription Terms, as well as the specific terms of the Offer. Offers are limited and subject to change.
Our service vehicles need to be parked close enough so our plug can reach your vehicle's charging port. Due to this matter, it is your responsibility to provide an extra parking stall or a safe, accessible spot where our vehicle can be parked for the duration of service. (60-90min on average, vehicle power needs to be turned off for our battery pack to power on.) Any ticketing, or parking fees related to your charging session will be billed to you.
By participating in this Program, you are agreeing to these dmEVS Subscription Terms. If you do not agree to these dmEVS Subscription Terms, you may not participate in the Program.
Please note:
The quantity of charge delivered to the vehicle may vary depending on the state of the charge of the vehicle. For example, 40 minutes of charge delivered to one vehicle may yield between 80km to 150km, however, the same amount of time charging another vehicle may result in less range.
Maximum charge at any one time is up to 22kW but dmEVS will only charge up to 90%, since most EVs are programmed to slow down charging speeds at 90%.
2. Duration and Frequency of Charges
When you buy a dmEVS Subscription, you'll be charged the one-month rate or the annual rate (depending on the subscription you choose) for your first Billing Cycle on the date of purchase, which activates the dmEVS Subscription for the term set forth in your Offer. Unless you cancel, you'll be charged at the Billing Cycle stated in your dmEVS Subscription Offer based on the initial purchase date on your selected payment method. BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR DMEVS SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE BEGINNING OF EACH BILLING CYCLE, AND THE PASS RATE WILL BE AUTOMATICALLY CHARGED TO YOUR SELECTED PAYMENT METHOD. If you do not want your dmEVS Subscription to renew automatically, you can cancel your subscription in accordance with Section 3 below.
If your selected payment method is declined, dmEVS will prompt you for a new payment method but dmEVS reserves the right to terminate any unpaid periods in your dmEVS Subscription with no further charges to you. Neither dmEVS and/or its parent, subsidiaries and/or affiliates are not responsible for any fees charged by the cardholder's bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross-border fees, and other penalties levied by the cardholder's bank.
3. Canceling Your dmEVS Subscription and Refunds
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Subscription fees are non-refundable.
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Your Subscription is for a one-year term and it will automatically renew on an annual basis unless you provide dmEVS with notice of cancellation prior to your Subscription anniversary date. A Subscription cannot be cancelled mid-term. For example, if you purchased your Subscription on May 1, 2023, it will automatically renew for another year on May 1, 2024 unless you provide us with your notice of cancellation by April 30, 2024.
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You can choose to pay for your Subscription in full at the start of each Subscription year, or you can pay on a monthly basis. If you choose to pay monthly, you will be responsible for paying the entire one-year Subscription term.
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If fees are not paid within 30 days of the expiry date, the subscriber is considered lapsed. If payment is made after 30 days but within 90 days of the expiry date, the subscriber can keep their original expiry date and all discounts related to the length of the Subscription.
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If Roadside Assistance service is required on a lapsed Subscription, you will be required to pay a “1 Time Request” fee.
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Paying after 90 days will be considered a new Subscription.
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Subscription pricing is subject to change at any time.
To cancel a charge appointment please contact info@dmevs.com.
-Roadside Assistance
You can cancel a charge appointment until your request is confirmed. Cancellation made after the confirmation is not eligible for a refund.
-Premium On-demand
Charging appointment will not be refunded when cancelled on the same-day of your request.
4. Prohibited Activities
You may not:
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have more than one active Account;
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use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
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remove any copyright, trademark or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by dmEVS; perform any activity in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; link to, mirror or frame any portion of the Services; attempt to probe, scan or test the vulnerability of any dmEVS system or network or breach any security or authentication measures; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by dmEVS or any of dmEVS's providers or any other third party (including another user) to protect the services or any Content; or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
5. Combining Promotions.
Notwithstanding the terms and conditions of any other promotions offered by dmEVS or third parties, dmEVS in its sole discretion may permit Subscription Benefits to be combined with other promotions.
6. Changes to Renewable Passes
dmEVS reserves the right to modify or stop offering dmEVS Subscriptions or change Subscription Rates, Subscription Benefits, or prices, at any time in its sole discretion. In the event dmEVS increases the Rate of a dmEVS Subscription, we will provide you with thirty (30) days prior notice via email before such changes take effect. All changes will be effective upon your next Billing Cycle, but if you do not agree with the price change, you have the right to reject the new Subscription Rate and may avoid these charges by canceling your dmEVS Subscription according to the instructions in Section 3 above.
dmEVS may terminate your dmEVS Subscription at our discretion without notice. If that happens, dmEVS will give you a pro-rated refund based on charges already applied to your current billing period. We will not give any refund for termination related to conduct that we determine, in our sole discretion, violates these dmEVS Subscription Terms, any applicable law, or involves fraud or misuse of the dmEVS Subscription.
7. Changes to Renewable Pass Terms
dmEVS reserves the right to modify these dmEVS Subscription Terms. If we make material changes to the dmEVS Subscription Terms while you have an active dmEVS Subscription, we will notify you either in the dmEVS Subscription section of the applicable dmEVS App and/or via email. Revised dmEVS Subscription Terms become effective at the beginning of the next Billing Cycle and your continued use of a dmEVS Subscription constitutes your acceptance of the revised dmEVS Subscription Terms. If you are not willing to agree to the revisions, you may cancel your dmEVS Subscription in accordance with Section 3 above.
8. Transfer of Rights
dmEVS's rights and obligations under the Program may be assigned or transferred by dmEVS to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.
9. Interpretation of Renewable Pass Terms
All interpretations of these dmEVS Subscription Terms will be at dmEVS's sole discretion and dmEVS's decisions will be final.
10. Disclaimer
The Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Program or its features. dmEVS may from time to time request information from you to confirm your identity before renewing your dmEVS Subscription. dmEVS may delay your access to Renewable Pass until you comply with this information request. The Program and all the information accessible through it are provided for information purposes only on an "as is" and "as available" basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products. dmEVS Subscription and these dmEVS Subscription Terms are provided by dmEVS and do not modify the contractual relationships among or between the individuals and entities that use dmEVS's technology to offer goods or services, and dmEVS or any dmEVS affiliates, except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose.
11. In the event of rain, snow, or unsafe weather, all charging appointments will be rescheduled whenever possible. This determination will be made by dmEVS.
12. Subscription Types and Delivery Fees
dmEVS offers different types of subscriptions, each with a different price and associated fees. By choosing a subscription type you agree to these fees and limitations. The price does not include taxes or any additional subcharges.
-Roadside Assistance
RA-Plus B2C
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$240/year
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2 times/year Charging van request
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Charging amount of 7kW
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Only yearly payment
RA-Plus B2B
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$240/2 years
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4 times/year Charging van request
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Charging amount of 7kW
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Only yearly payment
13. Contact Us
If you have any questions about these Terms of Service, the practices of dmEVS or your dealings with dmEVS, you may contact us at dmEVS, info@dmevs.com.
Addition information
Vehicle Information
You agree to allow dmEVS to collect your vehicle information, such as the general condition of your vehicle, license plate, make, model or year, on occasion if there is an error in the information you provided or for verification purposes. This information may be collected by taking a picture of your vehicle.
User Conduct
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to dmEVS or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to the use of the Services if you refuse to provide proof of identity.
Ownership
The Services and all rights therein are and shall remain dmEVS's property or the property of dmEVS's licensors. Neither this Agreement nor your use of the Services conveys or grants to you any rights:
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in or related to the Services except for the limited license granted above; or
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to use or reference in any manner dmEVS's or dmEVS's company names, logos, product and service names, trademarks or services marks, or those of dmEVS's licensors.
Notice Regarding Apple
If you are using our mobile applications on an iOS device, the terms of this section (Notice Regarding Apple) apply. You acknowledge that this Agreement is between you and dmEVS only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, 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 claim by you or any third party relating to the Services - or your possession or use of the Services, including:
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product liability claims;
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any claim that the Services fail to conform to any applicable legal or regulatory requirement; and
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claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that 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 this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. You hereby represent and warrant that:
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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
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you are not listed on any U.S. Government list of prohibited or restricted parties.
Notice Regarding Other App Stores or Services
If you are accessing or downloading the dmEVS's application from any other app stores or services, you may be subject to that app store’s or services’ terms of use.
Entire Agreement
This Agreement, with the Privacy Policy, contains the entire agreement between you and dmEVS regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the dmEVS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your dmEVS account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you may not make any representations or bind dmEVS in any manner.