Welcome, and thank you for your interest in LeapCharger Corporation. (“LeapCharger,” “we,” or “us”) and our website at www.leapcharger.com, along with our related websites, mobile or other downloadable applications, LeapCharger Cards and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and LeapCharger regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING LeapCharger’s PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND LEAPCHARGER’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY LEAPCHARGER AND BY YOU TO BE BOUND BY THESE TERMS (THIS “AGREEMENT”).

Except for certain disputes detailed in Section 19, any controversy or claim arising out of or relating to these Terms will be resolved through confidential, binding arbitration rather than in court. This arbitration provision provides a neutral dispute resolution process that is less formal than court litigation. By agreeing to these Terms, both you and LeapCharger mutually agree to waive any right to a jury trial or to participate in class action litigation. This arbitration clause facilitates dispute resolution on an individual basis.

LeapCharger operates within the realm of facilitating various services, which encompass the collection of fees on behalf of charging station owners, commonly referred to as "Hosts," who provide electric vehicle charging facilities. These fees are levied against users seeking access to the aforementioned charging stations under the purview of these Hosts. LeapCharger extends its services through the issuance of "LeapCharger Cards," which are available in the form of a radio frequency identification (RFID) card. These cards confer authorized users with the privilege to avail themselves of the charging stations integrated into the LeapCharger network, collectively known as "LeapCharger Charging Stations."

The LeapCharger Cards may exhibit branding featuring the LeapCharger name, or in certain instances, may be co-branded with the insignia of a third-party entity, referred to as a "Branding Affiliate." It is imperative to note that regardless of the presence of such branding, LeapCharger maintains unequivocal accountability for the entirety of its operational aspects, including the administration and management of LeapCharger Cards. This underscores LeapCharger's unwavering commitment to ensuring the efficient and seamless provision of its services within this domain.

Except in cases involving the negligence or willful misconduct of a Branding Affiliate, you consent to releasing and absolving all Branding Affiliates from any legal claims or actions associated with the LeapCharger Cards.

This Agreement is an integral component of every LeapCharger account, hereinafter referred to as a "LeapCharger Account." The acquisition of LeapCharger Cards, along with the utilization of redemption codes to access digital offers, may be contingent upon engagement with an offer or program, designated as a "Program," either provided by LeapCharger directly or in collaboration with one of its affiliated partners, herein identified as a "Program Partner."

In the event that you are initiating a LeapCharger Card or redemption code within the context of a specific Program, you acknowledge and consent to the fact that additional terms and conditions particular to that Program, known as "Program Terms," shall be applicable to your participation in said Program. For your reference, you may find the relevant Program Terms at the following link: Program Terms Link. By establishing a LeapCharger Account, you express your acknowledgment and agreement with the stipulations outlined in this Agreement, as well as the pertinent Program Terms, which shall govern your usage of both your LeapCharger Card and the LeapCharger mobile application.

It is imperative to note that in instances where a contradiction arises between the provisions of this Agreement and the Program Terms, the Program Terms shall take precedence concerning your engagement in the Program. This principle ensures clarity and adherence to the specific conditions governing your participation in each Program.

Your LeapCharger Card allows you to make payments for Session Fees at publicly accessible LeapCharger Enabled Charging Stations and private stations you have permission to use. When you use your LeapCharger Card to pay for Session Fees, the relevant LeapCharger Charging Station will read your card and generate a transaction record. The Session Fees will be billed to your account based on the pricing established by the Host of the Charging Station. It's your responsibility to be informed about the Host's pricing for access to the specific LeapCharger Enabled Charging Station.

If you use your LeapCharger Card, or authorize someone else to use it at a LeapCharger Enabled Charging Station, you are agreeing to pay the fees determined by the Host. Furthermore, you consent to LeapCharger sharing the information contained in this LeapCharger Account Agreement with the Host. This sharing of information is for the purpose of processing and collecting session fees, as well as enforcing the network's policies.

* This Section 4 does not apply to Organization Users

When you sign up for a LeapCharger Account, we will collect your credit card information. However, your credit card will not be charged until you use your LeapCharger Card at a LeapCharger Enabled Charging Station that requires payment for the first time. To prevent additional charges on your LeapCharger Account, you must notify LeapCharger Customer Service or cancel your LeapCharger Account before the next billing cycle. You can cancel your LeapCharger Account by sending an email to support@leapcharger.com.

Please note that your replenishment amount and replenishment threshold are subject to change based on your average monthly usage. You also agree to forfeit any interest or benefits that may accumulate on prepaid balances in your LeapCharger Card. If your credit card payment is declined or if you fail to maintain the required balance or manage your account properly, LeapCharger reserves the right to close your account. In the case of a negative account balance, LeapCharger may initiate collection procedures to recover any unpaid balance, as well as any fees, costs, or other expenses (including reasonable attorney's fees) incurred in the collection process, at LeapCharger's discretion.

* This Section 5 does not apply to Organization Users.

By creating a LeapCharger Account, you grant LeapCharger and its third-party payment processors the authorization to periodically initiate charges, ongoing from the moment of account creation. This will continue until you inform LeapCharger Customer Service of any changes to your LeapCharger Card(s) or until you decide to terminate your LeapCharger Account, as specified in Section 5 or elsewhere within these Terms. To prevent incurring additional fees on your LeapCharger Account, it is imperative that you inform LeapCharger Customer Service or cancel your LeapCharger Account before the next scheduled charge. You can terminate your LeapCharger Account by sending an email to support@leapcharger.com.

* This Section 6 does not apply to Organization Users.

If your LeapCharger Account balance cannot be restored due to a declined payment on your credit card or any other failure on your part to maintain the necessary balance or appropriately manage your account, LeapCharger reserves the right to close your account. In cases where your account holds a negative balance, LeapCharger may initiate collection procedures to retrieve any outstanding balances. At LeapCharger's discretion, this may also encompass all fees, costs, or other expenses (including, but not limited to, reasonable attorney fees) incurred by LeapCharger during its collection endeavors.

Should a LeapCharger Card malfunction for reasons other than misuse or improper handling and is returned to the LeapCharger Customer Service Center, LeapCharger will provide a replacement LeapCharger Card at no cost.

In the event that your LeapCharger Card is lost or stolen, please promptly report this occurrence online by removing the card from your LeapCharger Account. If internet access is unavailable to you, immediately inform LeapCharger Customer Service (contact details can be found at the conclusion of this document). You will continue to be responsible for any Session Fees initiated using your LeapCharger Card until you have notified the Customer Service Center of the loss or theft of your LeapCharger Card.

It's essential to acknowledge that your use of the LeapCharger Card is subject to the terms outlined in the LeapCharger Privacy Policy. Specifically, you consent to LeapCharger employing your LeapCharger Card usage data for the purpose of analyzing statistical averages, trends, and other anonymous usage patterns, in accordance with the guidelines provided in the LeapCharger Privacy Policy.

Further information can be found at here

Push Notifications: By installing our app on your mobile device, you are consenting to receive push notifications. These notifications are messages sent by the app to your mobile device, even when you are not actively using the app. If you wish to disable these notifications, you can do so by accessing your mobile device's "settings" page.

Email: We may occasionally send you emails regarding our products and services, as well as updates from our trusted partners and third parties. If you prefer not to receive promotional emails, you can opt out by simply following the unsubscribe instructions provided within the promotional email.

SMS Messages: By providing your mobile phone number you consent to receive SMS messages; we may send you important updates, security/verification details, notifications, or offers via SMS. You can withdraw your SMS consent at any time by following the opt-out instructions provided in the SMS or contacting our customer support. Please note that standard messaging rates may apply.

Using the LeapCharger Website or Mobile Applications: When using the LeapCharger website or mobile applications, you have the privilege to access various features, including information about LeapCharger Enabled Charging Station locations, trip mapping, and other available content, all subject to your full compliance with these Terms and the additional terms and conditions outlined in LeapCharger's website terms and conditions, which can be found at https://www.leapcharger.com/legal.

Please be aware that you are solely responsible for all activities conducted on the LeapCharger website and mobile apps using your username. It's important to understand and agree that LeapCharger holds the right to modify its website terms and conditions and these Terms at its discretion and without prior notice.

While LeapCharger strives to provide accurate information through its website and mobile apps, it's essential to acknowledge that this information can change frequently. In no circumstance will LeapCharger be held liable for the accuracy, utility, or completeness of any information, materials, or other content on the LeapCharger website or mobile apps, and it's not guaranteed to be the most up-to-date information available.

Limited Usage License:Conditional upon your continuous adherence to these Terms, LeapCharger extends to you a restricted, non-exclusive, non-transferable, non-sublicensable, and revocable license for accessing and utilizing the Service, unless otherwise explicitly authorized by LeapCharger in a separate written agreement. This license is intended solely for your personal, non-commercial use.

Restrictions on Licensing: Unless a restriction contravenes applicable law, you may not: (a) copy, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make alterations to the Service; (c) engage in decompilation, disassembly, reverse engineering, or any other activities leading to the extraction of the Service's source code (except when such actions are protected under applicable law and only to the extent required); or (d) interfere with or bypass any aspect of the Service, including security measures or access control mechanisms. If applicable law prohibits you from using the Service, you are not permitted to do so.

Ownership and Proprietary Rights: LeapCharger retains ownership and operational control of the Service. The visual interfaces, graphics, design, compilation, information, data, computer code (comprising both source and object code), products, software, services, and all other components of the Service supplied by LeapCharger ("Materials") are safeguarded by intellectual property and other statutory provisions. All Materials integrated into the Service belong to LeapCharger or its third-party licensors. Unless explicitly authorized by LeapCharger, you are prohibited from exploiting the Materials. These Terms do not imply any licenses not explicitly granted, and LeapCharger preserves all rights to the Materials as not expressly provided in these Terms.

Providing Feedback: We respect and welcome the ideas and opinions of our users. If you decide to offer insights and recommendations concerning existing features, issues, or suggested changes or enhancements to the Service ("Feedback"), you hereby grant LeapCharger an unrestricted, permanent, irrevocable, non-exclusive, fully compensated, royalty-free right and license to utilize the Feedback in any manner and for any purpose, including service enhancement and the creation of other products and services. There is no obligation for us to attribute your Feedback.

Offers from LeapCharger Partners: Occasionally, you may receive offers from other organizations through LeapCharger. When you accept and act upon these offers, it's important to understand that the relationship and performance of these offers are solely between you and those organizations. LeapCharger bears no responsibility for the execution of these offers, and by accepting them, you agree to hold those organizations solely responsible, releasing LeapCharger from any liability associated with the offers you accept. These organizations operate independently and are not affiliated with LeapCharger's business. Therefore, it's advisable to review their terms of service and privacy policies to gain a better understanding of what is being offered, your responsibilities, and how they handle any personally identifiable information you provide to them.

Termination: Either party, or in the case of Organization Users, a Third-Party Payment Provider, has the authority to terminate this Agreement at any time and for any reason. If you wish to terminate your account and these Terms, you can do so by contacting customer service at support@leapcharger.com. Upon request for termination by LeapCharger or by your choice to terminate this Agreement, your LeapCharger Card(s) will be deactivated and no longer functional. With the exception of any terms outlined in applicable Program Terms, following the deactivation of your LeapCharger Card(s) and account, any prepaid account balance will be refunded to the credit card linked to your account within thirty (30) days from the date LeapCharger receives your service request. After termination, you are still responsible for any outstanding payments due under this Agreement. If your account balance does not cover these outstanding charges, you will remain liable for the owed amounts. Failure to settle unpaid charges promptly may result in additional service fees, fines, or penalties, and may lead to collection actions for any unpaid balances.

Modification of the Service: LeapCharger retains the right to make changes to, or discontinue, the entire Service or specific features of the Service, either temporarily or permanently, without prior notice to you. LeapCharger will not be held liable for any alterations to the Service, including paid functionalities, or for any suspension or termination of your access to or use of the Service. If LeapCharger makes modifications to your LeapCharger Account, it will make reasonable efforts to provide written notification, such as online notifications. You will be considered to have received this notice ten (10) days after it's provided or published. These changes will only affect you if you continue to use the Service after the deemed notice date. You agree that any changes become applicable to you when you use the Service after that date.

Third-Party Websites: The Service may include links to websites operated by third parties. These linked websites are beyond the control of LeapCharger, and we bear no responsibility for their content. It's vital that you thoroughly review the terms of use and privacy policies of any third-party services before sharing any content or information with them. Once sharing occurs, LeapCharger will have no influence over the information that has been shared.

Indemnity: To the maximum extent permitted by law, you are responsible for your use of the Service, and you will protect and hold harmless LeapCharger, its affiliates, Hosts and Program Partners, as well as their respective shareholders, directors, managers, members, officers, employees, consultants, and agents, collectively referred to as the "LeapCharger Entities," from any claims made by a third party. This also includes any related liability, damages, losses, and expenses, such as attorney's fees and costs, arising from: (1) your unauthorized or improper use of the Service; (2) your violation of any part of these Terms, any referenced representation, warranty, or agreement in these Terms, or any relevant law or regulation; (3) your infringement of any third-party rights, including intellectual property, publicity, confidentiality, property, or privacy rights; or (4) any dispute or issue between you and a third party. We retain the right, at our expense, to take on the exclusive defense and control of any matter subject to indemnification by you (while not diminishing your indemnification responsibilities concerning that matter). In such cases, you agree to collaborate with us in the defense of these claims.

The Service and all materials and content accessible through the Service are provided in their current state and based on their availability. LeapCharger disclaims all types of warranties, whether expressed or implied, regarding the Service and all materials and content offered through it. These disclaimers include:

(a) Any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement.
(b) Any warranties that may arise from customary practices, usage, or trade.

LeapCharger does not guarantee that the Service, any part of the Service, or the materials and content provided through the Service will be without interruption, secure, or free from errors, viruses, or other potentially harmful elements. Additionally, LeapCharger does not assure the correction of any of these issues.

No advice or information, whether spoken or in writing, obtained from the Service, LeapCharger Entities, or any materials or content offered through the Service, will create any warranty beyond what is expressly stated in these Terms. We do not accept responsibility for any damage that may result from your use of the Service or interactions with other Service users. You acknowledge and agree that your use of any aspect of the Service is done at your own discretion and risk. We are not responsible for any harm to your property, including your computer system or mobile device used in connection with the Service, or for any loss of data, including user content.

The limitations, exclusions, and disclaimers in this section are applicable to the maximum extent permitted by law. LeapCharger does not disclaim any warranty or other right that it is prohibited from disclaiming under applicable law.

To the broadest extent permitted by law, under no circumstances will the LeapCharger Entities be held liable to you for any indirect, incidental, special, consequential, or punitive damages. These damages may include loss of profits, goodwill, or any other intangible losses arising from or related to your ability or inability to access or use the Service, as well as any materials or content on the Service. This applies regardless of the legal basis, be it a warranty, contract, tort (including negligence), statute, or any other legal theory, and even if any LeapCharger Entity has been made aware of the potential for such damages.

Except as stipulated in Sections 3 and 18.4 and within the limits allowed by law, the total liability of the LeapCharger Entities to you concerning all claims related to the use or inability to use any part of the Service or under these Terms is restricted to the greater of:

(a) The amount you have paid to LeapCharger for accessing and using the Service in the 12 months prior to the event or circumstance giving rise to the claim.
(b) US$100.

Each provision in these Terms that specifies a limitation of liability, disclaims warranties, or excludes damages aims to distribute risks between the parties under these Terms. This distribution is an essential element of the foundation of the agreement between the parties. Each of these provisions is separate and independent from all other provisions in these Terms. The restrictions mentioned in this section 18 will remain applicable, even if any limited remedy does not fulfill its essential purpose.

Please be aware that some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental, or consequential damages. Consequently, some of the disclaimers, limitations, and releases outlined above may not apply to you.

In most cases, you and LeapCharger mutually agree that any disputes arising from these Terms, the Service, or communications from us will be settled through binding arbitration. Arbitration employs a neutral arbitrator instead of a judge or jury, offers a less formal process than a court proceeding, may involve more limited discovery compared to court, and is subject to only a minimal review by the courts. This arbitration agreement covers all claims, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and it applies to claims arising during or after the termination of these Terms. Any disputes regarding the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

By agreeing to these Terms, you understand and consent that you and LeapCharger are waiving the right to a trial by jury or participation in class actions.

Exceptions: While we both agree to arbitrate most disputes between us, nothing in these Terms will be interpreted as waiving, preventing, or otherwise limiting the rights of either party to:

(a) Pursue an individual action in small claims court.
(b) Seek enforcement through the relevant federal, state, or local agency, if that avenue is available.
(c) Seek injunctive relief through a court of law to support arbitration.
(d) File a lawsuit in a court of law to address claims of intellectual property infringement.

Opt-Out: If you do not wish to resolve disputes through binding arbitration, you can opt out of the provisions in Section 19 within 30 days of agreeing to these Terms by sending a letter to LeapCharger Corporation, Attention: Legal Department – Arbitration Opt-Out, 321 W. Winnie Lane, Suite 104, Carson City, NV 89703. In your letter, specify your full legal name, the email address associated with your Service account, and a statement expressing your desire to opt out of arbitration ("Opt-Out Notice"). Upon receiving your Opt-Out Notice, Section 19 will be invalidated, and any actions arising from these Terms will be resolved as described in Section 20. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Arbitrator: This arbitration agreement, along with any arbitration proceedings between us, is subject to the Federal Arbitration Act and will be administered by JAMS under the rules governing consumer disputes, collectively referred to as the "JAMS Rules," as modified by these Terms. You can access the JAMS Rules and filing forms online at www.jamsadr.org, by calling JAMS at +1-800-352-5267, or by contacting LeapCharger.

Commencing Arbitration: Before initiating arbitration, one party must send a written notice of the dispute to the other party via certified U.S. Mail or Federal Express (signature required), or, if the other party has not provided a current physical address, through electronic mail ("Notice of Arbitration"). LeapCharger's address for the Notice is: LeapCharger Corporation, 321 W. Winnie Lane, Suite 104, Carson City, NV 89703. The Notice of Arbitration should:

(a) Identify the name or account number of the party making the claim. (b) Describe the nature and basis of the claim or dispute. (c) Specify the relief sought ("Demand").

Both parties should make good-faith efforts to resolve the claim directly. If no agreement is reached within 30 days of receiving the Notice of Arbitration, either you or LeapCharger may commence arbitration. If you initiate arbitration according to these Terms, LeapCharger will reimburse you for the filing fee, unless your claim exceeds US$10,000 or the Company receives 25 or more similar arbitration demands. In such cases, the payment of any fees will be determined by the JAMS Rules. If the arbitrator determines that the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose, the payment of all fees will be governed by the JAMS Rules, and the other party may seek reimbursement for any fees paid to JAMS.

Arbitration Proceedings: Any arbitration hearing will be held in the county and state of your residence unless an agreement to the contrary is reached. If the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose the method of conducting the arbitration:

(a) Solely on the basis of documents submitted to the arbitrator. (b) Through a telephonic or video hearing. (c) By an in-person hearing as established by the AAA Rules in the county (or parish) of your residence.

Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision that sufficiently explains the essential findings and conclusions upon which the decision and award, if any, are based.

Arbitration Relief: With the exception of Section 8, the arbitrator has the authority to grant any relief that would be available if the claims were brought in a court of competent jurisdiction. If the arbitrator awards you an amount greater than the last written settlement amount offered by LeapCharger before the arbitrator was selected, LeapCharger will pay the higher of:

(a) The amount determined by the arbitrator. (b) US$10,000.

The arbitrator's decision is final and binding on all parties, except in two cases:

(1) Judicial review explicitly allowed by law. (2) If the arbitrator's award includes injunctive relief against a party, in which case that party has the right to seek judicial review of the injunction in a court of competent jurisdiction that is not bound by the arbitrator's application or legal conclusions. Judgment based on the award can be entered in any court with jurisdiction.

No Class Actions: Both you and LeapCharger consent that each party may bring claims only in an individual capacity, rather than as a plaintiff or class member in any proposed class or representative proceeding. Furthermore, unless both you and LeapCharger agree otherwise, the arbitrator may not consolidate multiple people's claims and may not oversee any form of representative or class proceeding.

Modifications to this Arbitration Provision: If LeapCharger makes any substantial changes to this arbitration provision, you can reject the changes by sending written notice within 30 days of the change to LeapCharger's address for the Notice of Arbitration. In this case, your account with LeapCharger will be immediately terminated, and the arbitration provision as it existed before the changes will continue to be in effect.

Enforceability: If Section 8 or the entirety of Section 19 is deemed unenforceable or if LeapCharger receives an Opt-Out Notice from you, then the entire Section 19 becomes null and void. In such a scenario, the exclusive jurisdiction and venue described in Section 20 will govern any actions arising from or related to these Terms.

Governing Law: This Agreement will be interpreted in accordance with the laws of the State of California, without considering the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law rules that might necessitate the application of a different choice of law. Any dispute arising from or related to this Agreement will be subject to arbitration in Santa Clara, California.

Communications: Please direct all inquiries and notices to LeapCharger Customer Service in your respective region.

Address: 321 W. Winnie Lane, Carson City, Nevada 89703
Telephone: +1-917-391-0061
E-mail: support@leapcharger.com
Website: https://www.leapcharger.com

Address: LeapCharger Regus Downtown, Level 5 Standard Chartered Building, Dubai, UAE
Telephone: +971 58 277 5864
E-mail: support@leapcharger.com
Website: https://www.leapcharger.com