General: Coulomb Technologies, Inc. (“Coulomb”) is in the business of, among other things, collecting, on behalf of owners (“Hosts”) of charging stations for electronic vehicles, fees charged to users by such Hosts for access to their charging stations. By entering into this ChargePoint Network Account Agreement (“Agreement”) with Coulomb, you may purchase one or more radio frequency identification card(s) known as “ChargePass Cards” that will permit you access to any charging stations on the ChargePoint Network (each, a “ChargePoint Network Enabled Charging Station”) that you are authorized to use. This Agreement accompanies and is part of each ChargePoint Network Account Application. By submitting a ChargePoint Network Account Application, you acknowledge and consent to the terms of this Agreement.

You Agree to:

• Pay all the fees (“Session Fees”) for access to a charging station initiated in any manner, including, without limitation, with your ChargePass card(s), remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology.
• Use your ChargePass Card solely in accordance with instructions provided to you upon receipt of your ChargePass Card.
• Obey all applicable laws and regulations, as well as the policies and regulations of the owner of the ChargePoint Enabled Network Charging Station and/or the owner of the property on which the ChargePoint Enabled Network Charging Station is located.
• Promptly review your statement and notify ChargePoint Network Customer Service of any questions regarding session fees. Fees not questioned within 30 days of notice will be deemed valid.
• Report to Customer Service any changes to your name, email address, mailing address, telephone number, and any applicable credit card information, including, without limitation the applicable credit card number, expiration date and billing address when that new information is first known. (See contact information below). You remain liable for all Session Fees billed to your account until you have notified ChargePoint Network Customer Service of any changes in your ChargePass Card(s) or until you have cancelled your account.

Interoperability with the ChargePoint Network Flex Billing™ System: Your ChargePass Card may be used to pay Session Fees on any ChargePoint Network Enabled Charging Station. When using your ChargePass Card for payment of Session Fees, your card will be read by the applicable ChargePoint Network Charging Station and a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured by the Host. It is your responsibility to be aware of the price charged by the Host for access to the applicable ChargePoint Network Enabled Charging Station. If you use, or allow another person to use, your ChargePass Card on any ChargePoint Network Enabled Charging Station, you agree to pay the fees specified by the Host. You agree that Coulomb may share with the Host any information contained in this ChargePoint Network Account Agreement for purposes of processing and collecting session fees, and enforcing Network policies.

Minimum Account Balances, Fees and Charges: When creating your account, you may choose the option of using your ChargePass card(s) at only those stations which have been designated as free by the respective Hosts, in which case no prepaid account balance is required. If you choose this option ("free only"), then you agree to use your ChargePass card(s) only at free stations. Alternatively, you may choose to use your ChargePass cards at any stations, free or “for fee”, in which case you agree to maintain your prepaid account balance as described in this Agreement.

• Your account will be charged an initial prepaid balance in an amount, no less than $25, to be determined by you. In addition, you authorize Coulomb to replenish your account, through a charge to your credit card, to an amount equal to the greater of (i) your initial prepaid balance or (ii) your average monthly fees each time your account balance falls below your replenishment threshold (initially $15).
• You agree that your replenishment amount and replenishment threshold are both subject to change based on your average monthly usage.
• You agree to waive all interest or other benefits, if any, that may accrue on any prepaid balances in your ChargePass Card.

In the event that the balance in your ChargePass Card cannot be replenished because payment on your credit card is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, Coulomb may close your account and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at Coulomb’s sole option, all fees, costs or other expenses (including, without limitation, reasonable attorneys fees) incurred by Coulomb in connection with its collection efforts.

ChargePass Cards:

• If a ChargePass Card fails to operate for reasons other than abuse or improper use and is returned to the ChargePoint Network Customer Service Center, Coulomb will replace that ChargePass Card at no charge.
• If a ChargePass Card is lost or stolen, please inform ChargePoint Network Customer Service immediately (see contact information at the end of this document). You remain liable for all Session Fees initiated to your ChargePass Card until you have notified the Customer Service Center that your ChargePass Card has been lost or stolen.
• You agree that your ChargePass Card usage may be used by the ChargePoint Network to analyze averages, trends, and other anonymous patterns of usage, as per the ChargePoint Network Privacy Policy. See https://www.chargepointportal.net/coulomb/html/privacy.php for further details.

Using the ChargePoint Network Website: You may access and use Coulomb’s ChargePoint Network Website to obtain information regarding ChargePoint Network Enabled Charging Station locations, trip mapping and other content and features Coulomb may make available through that site. Use of the ChargePoint Nework Website is subject to Coulomb’s website terms and conditions [http://www.coulombtech.com/legal.php]. You are responsible for all use of the ChargePoint Network Website and under your user name and/or by use of your password. You acknowledge and agree that Coulomb may modify the ChargePoint Network Website in any way and at any time, with or without notice. You further acknowledge and agree that, while Coulomb has attempted to provide accurate information on the ChargePoint Network Website, such information may change frequently and in no event will Coulomb be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the ChargePoint Network Website, or that any such information, materials, or other content is the most up-to date.

Termination: Either Party may terminate this Agreement at any time and for any reason. If Coulomb requests, or if you wish to terminate this Agreement, you must return all of your ChargePass Cards to ChargePoint Network Customer Service. Upon termination and your return of your ChargePass Card(s), your account balance will be refunded to the credit card on file with your account within thirty (30) days of Coulomb’s receipt of your ChargePass Card(s). Following any termination, you remain responsible for payments owed under this Agreement. 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.

Changes: Coulomb reserves the right to change the terms of this Agreement at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with Coulomb. You will be deemed to have received such notice ten (10) days after that notice is sent. You agree to all changes when you use your ChargePass Card(s) after that date.

DISCLAIMER OF WARRANTIES: YOURUSE OF THE CHARGEPASS CARDS IS AT YOUR SOLE RISK. THE CHARGEPASS CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COULOMB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COULOMB MAKES NO WARRANTY THAT (i) THE CHARGEPASS CARD WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE CHARGEPASS CARD WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity: You agree to indemnify, protect, and hold harmless Coulomb and its directors, officers, employees, agents and distributors, and Hosts, and their respective directors, officers, employees and agents (collectively, the “Indemnitees”) from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the ChargePass Card(s) or otherwise for your negligence or misconduct.

Limitation of Coulomb’s Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT COULOMB SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COULOMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE CHARGEPASS CARDS.

To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnitees from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the ChargePass Card(s) issued to you, including the use of the ChargePoint Network Charging Stations. You agree that none of the Indemnitees will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law. Your sole and exclusive remedy against Indemnitees will be replacement of any defective ChargePass Card(s).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.

Governing Law: This Agreement shall be interpreted in accordance with the laws of the State of California. If any term of this Agreement is found to be invalid, such invalidity shall not affect the validity of the remaining terms.

Communications: Please address all inquiries and notices to ChargePoint Network Customer Service in your region:

North America (US, Canada, Mexico):
Address: 1692 Dell Ave., Campbell, CA 95008, USA
Telephone: +1-888-PLUG-EV9 (+1-888-758-4389) [+1-408-370-3802 outside of North America]
E-mail: support@coulombtech.com
Website: http://www.mychargepoint.net

Europe, Middle East, and Africa:
Telephone: +49 30 8 877 45231
E-mail: support@365-energy.com
Website: http://365-energy.com

Australia and New Zealand:
Address: Suite 25, Upper Deck Jones Bay Wharf, 26-32 Pirrama Road, Pyrmont, NSW, 2009, Australia
Telephone: +61 1300 300 885
Website: http://www.chargepoint.com.au