Effective Date: 01/08/2025
These Terms of Use (“Terms”) govern your access to and use of the websites, mobile applications, driver interfaces, charging stations, payment systems, software, and related services made available by ZAPP Electric Inc., doing business as ZAPP and ZappFast (collectively, “ZAPP,” “we,” “us,” or “our”).
By accessing or using any ZAPP website, charging station, application, account, software, equipment, or related services (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility to Use the Services
You may use the Services only if:
If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.
2. Services Covered by These Terms
These Terms apply to your use of:
3. Account Registration and Account Security
Certain Services may require you to create and maintain an account. When creating an account, you agree to provide accurate, current, and complete information and to keep that information updated.
You are responsible for:
We may suspend or disable access if account information is inaccurate, incomplete, outdated, fraudulent, or associated with misuse of the Services.
4. Vehicle and Equipment Requirements
The Services are intended only for eligible vehicles that meet ZAPP’s technical and safety requirements. At this time, vehicle eligibility is limited to:
You may not use the Services with:
You are solely responsible for ensuring that your vehicle and any adapter or connector used with the Services are lawful, manufacturer-approved, safe, and compatible.
5. Authorized Use; Prohibited Conduct
You agree to use the Services only for lawful purposes and in a safe and responsible manner.
You may not:
We may suspend or terminate access immediately if we believe your use creates safety, legal, operational, payment, or reputational risk.
6. Host Site and Property Rules
Many ZAPP charging stations may be located on property owned or controlled by third parties, including retail centers, parking facilities, fleets, municipalities, landlords, or other hosts.
When using a charging station located on third-party property, you must comply with all applicable site rules, including:
You are solely responsible for any tickets, towing, penalties, fees, damages, or claims arising from your violation of host property rules. This host-property concept is standard in major EV charging terms.
7. Payments, Billing, and Taxes
By using paid Services, you agree to pay all applicable fees, charges, and taxes associated with your use.
Payment Security
ZAPP uses PCI-compliant hardware and software, and payment-related data transmitted to our servers is encrypted.
Billing Terms
You authorize ZAPP and its payment processors to charge your selected payment method for:
You are responsible for keeping your payment information current and valid. If a payment method is declined, expires, is revoked, or otherwise fails, we may suspend your access to paid Services until payment is resolved.
Pricing Changes
We may change pricing, fee schedules, billing structures, and plan features at any time by posting updated terms or pricing through our website, app, station display, or account interface. Location-based pricing may vary.
Taxes
You are responsible for all applicable sales, use, excise, utility, or similar taxes, except taxes based on ZAPP’s net income.
These billing, tax, and account-payment concepts are common in public EV charging terms.
8. Station Availability; Downtime; Out-of-Order Stations
ZAPP does not guarantee that any charging station will always be available, operational, error-free, uninterrupted, or compatible with your vehicle at all times.
If a unit is unavailable or not functioning properly, ZAPP’s practice is to display “OUT OF ORDER” on the unit’s main screen when the issue is known to us.
Even with monitoring and maintenance efforts, outages, communication failures, payment interruptions, hardware faults, software errors, site access issues, utility disruptions, and network downtime may occur. You assume the risk that a station may be unavailable or may not perform as expected at any particular time.
9. Safety and Emergency Procedures
You must follow all posted warnings, instructions, labels, and safety requirements when using the Services.
Do not use a charging station if:
In an emergency, or if there is risk of serious injury, fire, or property damage, stop using the equipment immediately and contact emergency services first.
10. Customer Support and Communications
You consent to receive service-related communications from ZAPP electronically, including by email, SMS, app notification, or website notice, where permitted by law. These may include:
Marketing communications, if any, will be handled in accordance with applicable law and your communication preferences.
11. Privacy
Your use of the Services is also subject to ZAPP’s Privacy Policy, which is incorporated into these Terms by reference. If there is a conflict between the Privacy Policy and these Terms regarding privacy matters, the Privacy Policy controls for those matters.
12. Intellectual Property
All rights, title, and interest in and to the Services, including all software, station interfaces, trademarks, logos, trade names, designs, text, graphics, content, and related technology, are owned by ZAPP or its licensors and are protected by applicable intellectual property laws.
No ownership rights are transferred to you. Subject to these Terms, ZAPP grants you a limited, revocable, non-exclusive, non-transferable right to use the Services solely for their intended purpose.
You may not:
This type of IP and limited-license structure is standard in public charging-network terms.
13. Third-Party Services and Property
Some parts of the Services may rely on third-party property owners, utilities, network providers, payment processors, mapping systems, software vendors, telecommunications providers, or equipment manufacturers.
ZAPP is not responsible for the acts, omissions, downtime, policies, fees, or restrictions of third parties unless otherwise required by law.
14. Suspension and Termination
We may suspend, restrict, or terminate your access to any part of the Services at any time, with or without notice, if:
You remain liable for all charges, fees, taxes, losses, and obligations incurred before termination or suspension.
These account suspension and termination rights mirror standard EV-network practice.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS.
ZAPP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF:
ZAPP does not warrant that:
This “as is” and limited-warranty framework is a common feature of charging-network terms.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, HOSTS, VENDORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS OPPORTUNITY, VEHICLE USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPP’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
Some public EV charging terms also use capped-liability frameworks.
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
17. Indemnification
You agree to defend, indemnify, and hold harmless ZAPP and its affiliates, officers, directors, employees, contractors, licensors, hosts, and service providers from and against any claims, demands, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
18. Changes to the Services and Terms
ZAPP may modify, suspend, discontinue, or update any part of the Services at any time.
We may also revise these Terms from time to time. Updated Terms become effective when posted, unless otherwise stated. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the revised Terms.
Posting-updates language is standard in public service terms.
19. Governing Law; Venue; Dispute Resolution
These Terms are governed by the laws of the State of New Jersey, without regard to conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in New Jersey, and each party consents to the personal jurisdiction and venue of those courts.
Optional stronger version: if you want, this section can be rewritten to require binding arbitrationand a class action waiver, which is common in large charging-network terms. EVgo’s public terms use arbitration language.
20. No Waiver; Severability; Assignment
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
ZAPP’s failure to enforce any provision is not a waiver of its right to do so later.
You may not assign or transfer your rights or obligations under these Terms without ZAPP’s prior written consent. ZAPP may assign these Terms in connection with a merger, sale, financing, reorganization, or transfer of assets or business operations.
These “entire agreement / assignment / survival / severability” clauses are also standard in public terms.
21. Entire Agreement
These Terms, together with the Privacy Policy and any additional policies, station-specific notices, plan terms, or program disclosures expressly incorporated by reference, constitute the entire agreement between you and ZAPP regarding the Services and supersede prior discussions or understandings on that subject.
22. Contact Information
ZAPP Electric Inc. d/b/a ZAPPand ZappFast
101 Hudson St, 21st floor,
Jersey City, NJ 07302