End-User License Agreement (EULA)

Please read this End-User License Agreement ("Agreement") carefully before downloading or using the MetroEV App.

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Please read this End-User License Agreement ("Agreement") carefully before downloading or using the MetroEV App.

 

1. Interpretation and Definitions


The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

For the purposes of this End-User License Agreement:

  • “Agreement” means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
  • “Application” means the software program named metroEV App developed by or on behalf of the Company and downloaded by You through an Application Store's account to a Device.
  • “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
  • “Business Partner” means the entity who provided you with our products as part of their service. Please note that in some cases this may be your condominium board or property owner.
  • “Company”, "We", "Us" or "Our" refers to Metrosphere Corp., d/b/a metroEV.
  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • “Device” means any device that can access the Application such as a computer, a smartphone or a digital tablet.
  • “Family Sharing / Family Group” means an Application Store capability permitting You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others' eligible Applications to their associated Devices.
  • “Third-Party Services” means any services (including data, information, applications and other products services) provided by a third-party other than the Company that may be displayed, included or made available by the Application.
  • “You” means the individual accessing or using the Application, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

 

2. Acknowledgment & Acceptance of the Agreement


By downloading or using the Application, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download and do not use the Application.

This Agreement is a legal document executed between You and the Company and it governs your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce its policies and rules against You and upon Your usage of the Application, as a third-party beneficiary.

Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

In case you use the Application under an agreement with a Business Partner, Your use of the Application may also be subject to the terms of any commercial agreement between Us and such Business Partner and between You and the Business Partner.

 

3. License


Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

This Agreement confers no title or ownership and is not a sale of any rights in the Application or any of the proprietary rights of the Company. All rights not expressly granted to You are reserved solely to Company and/or its licensors. Nothing herein should be construed as granting You by implication, estoppel or otherwise, a license relating to the Application other than as expressly stated in this Agreement. 

License Restrictions

You agree not to, and You will not permit others, to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • Copy, sublicense or use the Application for any purpose other than as permitted under the above section ‘License’.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application. 
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
  • Introduce viruses, worms, Trojan horses, or harmful code to the Application or through any of the Services.
  • Attempt to probe, scan or test the vulnerability of the Application and Services to breach security or authentication measures without Company’s prior written consent.
  • Circumvent, disable or otherwise interfere with security-related features or other digital-rights-management features of the Application.
  • Use the Application or any information obtained through the Application for purposes of competitive analysis, development of a competing product or service, or any other purpose that is to the Company's commercial disadvantage.

Responsibility for Authorized Users

You are responsible and liable for all uses of the Application through access provided by You, directly or indirectly, including through Family Sharing / Family Group or by providing Your account credentials to others. Specifically, You are responsible and liable for all actions with respect to the Application by any person to whom You provide access to or use of the Application, whether such access or use is permitted by or in violation of this Agreement. You shall ensure that all such users comply with the terms of this Agreement and shall be liable for any breach of this Agreement by such users.

 

4. Intellectual Property


The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Except for the limited license expressly granted under Section 3 of this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Application. All rights not expressly granted to You are reserved solely to the Company and/or its licensors.

 

5. Your Suggestions


Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

 

6. Modifications to the Application


The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

  1. Right to Audit

During the Term, the Company may, in its sole discretion and upon reasonable notice, audit your use of the Application to ensure your compliance with this Agreement. You shall reasonably cooperate with the Company's personnel conducting such audits and provide all reasonable access requested by the Company to records, systems, equipment, and information related to your use of the Application. The Company shall only examine information directly related to your use of the Application and shall conduct audits in a manner that does not unreasonably interfere with your normal use.

If any audit determines that your use of the Application exceeds or violates the scope permitted by this Agreement, you shall immediately cease such unauthorized use and the Company may, in addition to any other remedies available at law or in equity, terminate this Agreement effective immediately upon written notice to You.

 

7. Updates to the Application


The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

 

8. Maintenance and Support


The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support, directly or through the Business Partner.

 

9. Third-Party Services


The Application may provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties’ terms of agreement when using the Application. Third-party Services are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

10. Privacy Policy


The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: metroev.ca/privacy-policy.

By accepting this Agreement, You acknowledge that You have read and understood Our Privacy Policy and hereby agree and consent to the terms and conditions of Our Privacy Policy, including the collection, use, and disclosure of Your personal information as described therein.

 

11. Term and Termination


This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Please note that deleting the Application from your Device or from your computer does not completely terminate your engagement with Us or the Business Partner, as such engagement may be subject to other agreements governing the use of your charger.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

 

12. Power Sharing / Load Management. 


metroEV may use power sharing, load management, or load balancing at a charging site to manage overall electricity demand and maintain safe and reliable operation. As a result, during part of a charging session, the charging site may temporarily reduce the power delivered to your vehicle (including by distributing available power across multiple chargers), which may increase charging time. MetroEV does not guarantee uninterrupted or maximum charging speeds and is not responsible for delays caused by power sharing or other grid, utility, or site-level demand management measures.

 

13. Indemnification


Subject to any applicable law, You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) negligent or improper use of the Application; (b) violation of this Agreement or any applicable law or regulation; or (c) violation of any right of a third party.

 

14. No Warranties


EXCEPT AS OTHERWISE EXPRESSLY STATED HEREUNDER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.

 

15. Limitation of Liability


NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION OR TEN CANADIAN DOLLARS IF YOU HAVEN’T PURCHASED ANYTHING THROUGH THE APPLICATION.

TO THE EXTENT PERMITTED BY LAW, THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR APPLICATION’S ACCOUNT; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, INCLUDING ANY ELECTRICITY FAILURE; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; AND (IV) ANY LOSS OF DATA. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY (INCLUDING VEHICLES OR CHARGING EQUIPMENT) INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, ARISING OUT OF THE USE OF THE SERVICES, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

 

16. Severability and Waiver Severability


If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

17. Waiver


Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

18. Product Claims


The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

 

19. Changes to this Agreement


The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect by posting the updated Agreement in the Application and/or sending notice to the email address associated with Your account. What constitutes a material change will be determined at the sole discretion of the Company, acting reasonably.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must cease using the Application, and You may terminate this Agreement in accordance with Section 11. Your continued use of the Application after the effective date of any changes constitutes Your acceptance of such changes.

 

20. Governing Law & Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without prejudice to the ability of a party to enforce this Agreement in any other proper jurisdiction, the parties irrevocably submit and attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario. To the extent permitted by applicable law, each party irrevocably waives any objection (including any claim of inconvenient forum) that it may now or hereafter have to the venue of any legal proceeding arising out of or relating to this Agreement in the courts of the Province of Ontario.

 

21. Entire Agreement


The Agreement, together with Our Privacy Policy and any commercial agreement between You and a Business Partner relating to the Application, constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company. You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

 

Contact Us


If you have any questions about this Agreement, You can contact Us at the following:

 

7-80 Citizen Court
Markham, ON
L6G 1A7
Telephone: 833-882-1713
Email: info@metroev.ca