Effective December 1, 2019

 

Access to or use of electric vehicle supply equipment (EVSE), commonly known as “chargers”, operated on the Sway Mobility network (network), whether owned by Sway Mobility Inc. (Sway) or a third-party, are subject to these Terms & Conditions.  This is a legal agreement between you (and anyone accessing the network using your credentials) and Sway regardless of how you access the network (such as by a mobile app, a website, using an RFID card, or by phone). Sway may terminate your account at any time for any reason.

 

Using Chargers

Access to the network is granted through an application process either directly through Sway or a partner.  By submitting an application you acknowledge and consent to these Terms & Conditions, Sway’s website terms and privacy policy, and the Terms of Service of Sway’s carshare service if applicable.  Any of these agreements may be updated or changed at any time and posted to the website and your continued use of the network demonstrates your acceptance of those changes.

 

You agree to provide accurate, true, and complete information to Sway and that you are at least eighteen years old.

 

You agree to obey all applicable laws and regulations and the rules or policies of the owner of the charger and/or parking spot.

 

DISCLAIMER OF WARRANTIES: USE OF THE NETWORK AND EVSE IS AT YOUR SOLE RISK.  THE NETWORK, EVSE AND RELATED EQUIPMENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE NETWORK OR EQUIPMENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERROR.

 

Fees and Costs to Charge

You agree to pay all fees associated with accessing the network, including but not limited to costs for electricity, RFID cards, and any sales or use taxes.  This is regardless of how you access the network, including through a mobile app, by RFID card, or through a customer service agent.

 

The cost to use the charger will be displayed on the charger, on accompanying signage, or in a mobile app. It may be a cost per unit of electricity (typically one kilowatt hour or kWh), based on the time spent charging (per minute or hour), or a flat fee.

 

You agree to pay all costs and fees incurred by credit card or through the purchase of a pre-paid network card.  Your credit card may not be immediately charged and a pre-authorization may be performed. If a charge is declined you may be immediately suspended from the network but remain liable for any and all fees along with your unpaid balance.  Your account may be subject to collection action if you fail to pay in a timely manner.

 

Sway will charge your credit card on the 15th and final day of the month for any costs incurred on your account up to $50, and will immediately charge your credit card once your balance exceeds $50.

 

If you access the network through a pre-paid card, you may charge up to the available balance of the card.  Some cards may be refillable by calling customer service and applying a new balance through a credit card payment. This balance may not be immediately available.  Any funds prepaid are held by Sway and not insured in any way. Prepayment may be subject to minimum and maximum amounts.

 

If you lose the device by which you access the network, such as your phone or RFID card, call Sway customer service immediately to suspend your account.  You are responsible for all costs and fees until your account is de-activated by Sway. Sway will not be liable for any loss or damage arising from your failure to comply with this or any other obligations covered herein.

 

Indemnity

You agree to indemnify, protect, and hold harmless Sway and its directors, officers, employees, agents and distributors, and the EVSE and/or parking spot owners and managers and their respective directors, officers, employees, and agents (the “Indemnified”) from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the network or EVSE or otherwise for your negligence or misconduct.

 

LIMITATION OF SWAY’S LIABILITY:  YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SWAY NOR THE EVSE OR PARKING SPOT OWNER OR MANAGER SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE NETWORK OR EVSE.

 

To the maximum extent allowed by law, you agree to and do release the Indemnified from all liability for loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the network or EVSE.  You agree that none of the Indemnified will incur any obligation or liability for any such loss, damage, or injury to the maximum extent allowable by law. Notwithstanding anything to the contrary herein, Sway’s liability arising from the network or EVSE shall not exceed total fees paid by the claimant for the use of the network.

 

DEPENDING ON JURISDICTION, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

 

Governing Law

This agreement is governed by the laws of the State of Ohio and any dispute shall be arbitrated in Cuyahoga County, Ohio.

 

Data

You may be charged data fees by your mobile provider for accessing the network.  Parking spots required to access the network may be subject to additional fees.

 

Sway may collect data related to the access and use of the network and disseminate non-personally identifiable aggregated data. Sway and its customer service agents will have access to your data to operate the network and you may cancel your account at any time in writing.  Historical data may be retained by Sway subject to its Privacy Policy.

 

Communication

You can contact Sway at the customer service number on the website, by email at support@swaymobility.com, or through mail at:

 

 

 

3558 Lee Road

Shaker Heights, OH 44120

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Copyright 2019 Sway Mobility Inc.