End-User License Agreement (EULA)

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

metroEV_Full_Colour@2x-3

Effective Date: 2026.05.28 | Last Modified: 2026.05.28 

 

Please Read Carefully:  By downloading the metroEV App or enrolling in the metroEV Rewards Program, you agree to be bound by this End-User License Agreement. If you do not agree, do not download the App or participate in the Program.

 

This Agreement applies to four participant types. The General Terms in Part I apply to all participants. The Specific Terms in Part II apply only to your selected type. Where there is a conflict between Part I and Part II, the Specific Terms in Part II prevail.

 

A

Type A — Residential Homeowner

Individual homeowner or tenant with a charger installed at a private residence (s. 102(1)(a) CFR)

 

B

Type B — Condominium Unit Owner

Individual unit owner with a charger installed in their unit or exclusive-use parking area (s. 102(1)(a) CFR)

 

C

Type C — Condominium Corporation

A condominium corporation enrolling chargers located in visitor or publicly accessible parking areas (s. 102(1)(b) CFR)

 

D

Type D — Commercial / Business Participant

A business, retailer, or office building owner enrolling chargers in a publicly accessible or employee parking facility (s. 102(1)(b) CFR)

 

 

PART I — GENERAL TERMS (ALL PARTICIPANT TYPES)

 

About this Agreement

This End-User License Agreement (“Agreement”) governs your use of the metroEV mobile application and your participation in the metroEV Rewards Program (the “Program”) offered by Metrosphere Corp., d/b/a metroEV (“metroEV”). The Program is funded through the generation and sale of compliance credits under Canada’s Clean Fuel Regulations, SOR/2022-140 (“CFR”), and provides eligible participants with per-kWh cash earnings on electricity delivered through connected EV charging stations in exchange for participation.

This Agreement is between you and Metrosphere Corp. It is not an agreement with the Apple App Store, Google Play Store, or any other platform through which you may download the Application.

 

1. Definitions

The following definitions apply to all participants throughout this Agreement. Additional definitions specific to each participant type appear in Part II.

 

  • "Agreement" means this End-User License Agreement together with the metroEV Privacy Policy.
  • "Application / App" means the metroEV mobile application developed by Metrosphere Corp.
  • "Charger" means a Level 2 EV charging device purchased directly from metroEV and registered in the metroEV App under this Agreement. For devices not purchased from metroEV, see “Third-Party Charger”.
  • "Charger Data" means all data generated by or through a Charger or Third-Party Charger, including without limitation data relating to the quantity of electricity supplied, session timing, energy consumption, and charging activity.
  • "CFR" means the Clean Fuel Regulations, SOR/2022-140, as amended from time to time.
  • "Company / metroEV / We / Us / Our" refers to Metrosphere Corp., d/b/a metroEV.
  • "ECCC" means Environment and Climate Change Canada.
  • "Incentives" means any federal, provincial, municipal, or utility-sponsored rebates, credits, or incentives related to a Charger, including credits under the CFR.
  • "OCPP" means the Open Charge Point Protocol, an open-standard communication protocol for EV charging stations.
  • "Program" means the metroEV Rewards Program, including all services and obligations described in this Agreement.
  • "Public Charger" means a Charger or Third-Party Charger that is listed on the metroEV App as accessible to the general public or to a defined class of users (e.g., visitors, customers, or employees) and qualifies for credit generation under s. 102(1)(b) of the CFR. See also Restricted-Access Charger.
  • "Registered Creator" has the meaning given in the CFR, and refers to metroEV in its capacity as the registered creator of compliance credits under the CFR.
  • "Restricted-Access Charger" means a Charger enrolled under Type C (Condominium Corporation) that is listed on the metroEV App but requires an access code, key fob, App-based unlock, or other authorization mechanism to access the Charger and initiate a charging session. Restricted-Access Chargers are shown on the App as Resident/Visitor-Access and are distinguished from fully unrestricted Public Chargers.
  • "Third-Party Charger" means a Level 2 EV charging device that was manufactured, supplied, or previously installed by a business other than metroEV, that is compatible with the metroEV platform, and that has been enrolled in the Program. Third-Party Chargers are not covered by the metroEV Lifetime Warranty. See Section 4.2 and Section 10.4.
  • "You / Your" means the individual or entity accepting this Agreement.

 

2. License Grant

Subject to the terms of this Agreement, metroEV grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application on a device you own or control, solely in connection with the Program.

 

License Restrictions

You agree not to:

  • license, sell, rent, lease, assign, distribute, or otherwise commercially exploit the Application;
  • copy or sublicense the Application for any purpose other than as expressly permitted;
  • modify, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application;
  • introduce viruses, malware, or other harmful code to the Application;
  • use the Application or information obtained through it for competitive analysis or to develop a competing product or service; or
  • circumvent, disable, or otherwise interfere with any security features of the Application.

 

3. Charger Technical Requirements

All Chargers and Third-Party Chargers enrolled in the Program, regardless of participant type, must:

  • meet the definition of a “charging station” under s. 1(1) of the CFR — specifically, be capable of communicating with a server via internet or cellular signal to report the quantity of electricity supplied and the time of supply;
  • be OCPP compliant;
  • be registered in the metroEV App and remain connected to a stable internet connection (Wi-Fi or cellular) at all times to remain eligible for earnings; and

 

Chargers that do not meet these technical requirements are ineligible for credit generation and Program participation.

 

4. Charger Acquisition and Third-Party Charger Enrollment

4.1 metroEV Charger

To obtain a Charger under the Program, you can purchase a compatible Level 2 EV charging device directly from metroEV. There is no hardware subsidy or free-charger component to this Program. You are solely responsible for the purchase price, installation costs, and ongoing maintenance of your Charger. Ownership of the Charger vests in you from the date of purchase.

 

4.2 Third-Party Charger Enrollment

If you own or operate a compatible Level 2 EV charging device that was not purchased from metroEV (a “Third-Party Charger”), you may enrol that device in the Program by connecting it to the metroEV platform through the App. This includes existing chargers at residential, condominium, or commercial sites being converted to the metroEV platform. Enrollment does not require purchase of a new charger and does not confer any warranty or hardware support from metroEV in respect of the Third-Party Charger.

By enrolling a Third-Party Charger, you:

  • (a) represent and warrant that you own or have the legal right to operate the Third-Party Charger at the installation address and to modify its software platform;
  • (b) acknowledge that metroEV will collect Charger Data from the Third-Party Charger as the exclusive owner of that data;
  • (c) grant metroEV all rights necessary to generate compliance credits under the CFR from electricity supplied through the Third-Party Charger;
  • (d) acknowledge that you have reviewed any existing agreement with a prior charger software or network provider (“Prior Provider Arrangement”) and are solely responsible for determining whether enrollment is permitted, obtaining any required consents, and managing the transition; and
  • (e) agree that all provisions of this Agreement relating to Charger Data, carbon credit generation, earnings, and regulatory compliance apply equally to your Third-Party Charger.

 

Prior Provider Liability: metroEV is not a party to any Prior Provider Arrangement. Any claim, loss, or expense arising from a Prior Provider asserting that your enrollment of a Third-Party Charger breaches a Prior Provider Arrangement is your sole responsibility. metroEV has no liability to you or to any Prior Provider in connection with such claims. You shall indemnify and hold metroEV harmless from all losses, costs, and legal fees arising from any such claim.

 

metroEV does not guarantee that all Third-Party Chargers will be compatible with the metroEV platform. You are solely responsible for the ongoing maintenance, repair, and replacement of your Third-Party Charger. metroEV accepts no liability for any loss of earnings, credit generation, or data arising from a malfunction, incompatibility, or failure of a Third-Party Charger.

 

5. Connectivity, Data Collection, and Charger Data Ownership

5.1 Mandatory Connectivity

Your Charger or Third-Party Charger must remain connected to the internet at all times to remain eligible for earnings. If your Charger loses connectivity, it will continue to function as a standard Level 2 charger and will store session data locally for sync upon reconnection. If your Charger remains offline for more than 180 consecutive days, you will be in breach of this Agreement and metroEV may terminate your participation in accordance with Section 11.2.

 

5.2 Data Collection

You acknowledge and agree that metroEV will collect Charger Data from your Charger. This data is used to: (a) calculate your earnings; (b) generate and aggregate compliance credits under the CFR; and (c) fulfil reporting and verification obligations to ECCC. Verification under the CFR is conducted by an independent third-party verification body and may include site visits; you agree to provide reasonable access and cooperation for any such verification.

 

5.3 Data Ownership

Regulatory Notice: All Charger Data is and shall remain the exclusive property of Metrosphere Corp. d/b/a metroEV. You acknowledge that metroEV's ownership of Charger Data is a regulatory condition of metroEV's status as a registered charging-network operator under the CFR (SOR/2022-140). You agree not to assert any ownership interest in or claim to Charger Data. Nothing in this Agreement or the metroEV Privacy Policy grants you any such interest.

 

5.4 Software and Firmware Updates

metroEV may remotely update your Charger’s software or firmware from time to time without prior notice to ensure security, improve functionality, and maintain compatibility with the Program. You agree to maintain internet connectivity to receive these updates.

 

6. Carbon Credits and Regulatory Framework

6.1 Ownership of Compliance Credits

Important — Credit Ownership: Under the CFR, all compliance credits generated through the operation of your Charger are owned by and vest solely in Metrosphere Corp. d/b/a metroEV as the Registered Creator. metroEV generates these credits in its own right as a registered charging-network operator; no assignment from you to metroEV is required or occurs. You have no ownership interest in, and make no claim to, any compliance credits or environmental attributes generated through your Charger's operation.

 

6.2 Assignment of Other Incentives

For any other Incentives or rebates under federal, provincial, or utility programs where you may be the default beneficiary in respect of the Charger or its installation, you irrevocably assign all such rights to Metrosphere Corp. d/b/a metroEV by participating in the Program. You agree to act as metroEV’s agent to secure and remit these Incentives. If an Incentive program sends payment directly to you, you agree to remit the full amount to Metrosphere Corp. (7–80 Citizen Court, Markham, ON L6G 1A7) within 30 days of receipt. Failure to remit constitutes a material breach of this Agreement.

 

6.3 Revenue Reinvestment

metroEV is required under s. 103 of the CFR to deploy 100% of revenue received from the transfer of compliance credits into qualifying activities within two years of the end of the compliance period in which those credits are transferred. Per-kWh earnings paid to participants constitute qualifying expenditure under s. 103(1)(b); all remaining credit revenue is deployed into qualifying EV charging infrastructure expansion under s. 103(1)(a).

 

7. Earnings and Payouts

7.1 Earnings Rate

For every kWh of energy your Charger delivers to an electric vehicle, you will earn a flat rate of $0.10 CAD per kWh from the first kWh delivered. There are no tiered or staggered rates. Your accrued earnings are visible at any time in the metroEV App.

 

7.2 Annual Payout

Earnings are paid out annually via direct deposit through the metroEV App, subject to a minimum annual payout threshold of $100.00 CAD. metroEV will process each annual payout following the sale of compliance credits generated during the preceding calendar year. The precise payout date is not fixed and will vary depending on when metroEV transfers credits in the compliance credit market, but metroEV will use commercially reasonable efforts to process annual payouts by June 30 of the year following the compliance period in which the credits were generated.

 

If your total accrued earnings for a given calendar year are less than $100.00 CAD, no payout will be made for that year and the accrued amount will be carried forward to the following calendar year. If your accrued earnings remain below $100.00 CAD for two (2) consecutive calendar years, the entire accrued balance will be forfeited to metroEV and your earnings balance will reset to zero. Forfeited amounts are deployed by metroEV into qualifying CFR infrastructure activities.

 

8. Warranty

8.1 metroEV Lifetime Warranty (metroEV Chargers Only)

This warranty applies exclusively to Chargers purchased directly from metroEV. It does not apply to Third-Party Chargers. As long as applicable government-sponsored carbon credit programs (including the CFR) remain active and metroEV continues to participate in them, metroEV provides a lifetime warranty against manufacturing defects in your Charger. If the carbon credit program is altered, cancelled, or metroEV’s participation ends, the Lifetime Warranty terminates immediately and your coverage reverts to any remaining time on the original two-year manufacturer’s warranty. If two or more years have elapsed since delivery, no warranty will apply after program termination.

 

8.2 Warranty Claims

Contact metroEV at support@metroev.ca. If the Charger is found to be faulty due to a manufacturing defect during the applicable warranty period, metroEV will repair or provide a replacement unit.

 

8.3 Third-Party Chargers — No Warranty

metroEV provides no warranty of any kind, express or implied, in respect of any Third-Party Charger, including but not limited to warranties of merchantability, fitness for a particular purpose, or compatibility with the metroEV platform. Any warranty applicable to a Third-Party Charger is solely between you and the original manufacturer or supplier of that device. metroEV will not repair or provide any hardware support for Third-Party Chargers under any circumstances.

 

If a Third-Party Charger fails or becomes incompatible with the metroEV platform, metroEV may, in its sole and absolute discretion, offer to replace the Third-Party Charger with a metroEV Charger. Any such offer is entirely voluntary, creates no obligation or precedent, and shall not be construed as a warranty or commitment to offer replacement in any future instance.

 

9. Program Cancellation and Termination

9.1 Cancellation by You

Neither party may cancel this Agreement without cause during the first twelve (12) months following your enrollment date (the "Minimum Term"). Following the expiry of the Minimum Term, you may cancel at any time by providing not less than thirty (30) days' written notice to metroEV at support@metroev.ca. As the Charger is your property, there is no return or restocking obligation to metroEV on cancellation. Any accrued and unpaid earnings will be paid out in accordance with Section 7.2, together with the annual payout for the compliance period in which cancellation occurs.

 

Notwithstanding the Minimum Term, you may cancel during the first twelve months by providing not less than thirty (30) days' written notice to metroEV at support@metroev.ca if: (a) you sell or permanently vacate the property at which the Charger is installed, provided you supply written evidence of the sale or vacation (such as a copy of the Agreement of Purchase and Sale or a statutory declaration) together with your cancellation notice; or (b) metroEV materially breaches this Agreement and fails to cure that breach within 30 days of written notice from you. In either case, cancellation takes effect at the end of the 30-day notice period. Nothing in this Section 9.1 limits or restricts any right of cancellation available to you under applicable consumer protection legislation, including the Ontario Consumer Protection Act, 2002 (as applicable to your circumstances), which applies in full at all times and is not modified by the Minimum Term.

 

9.2 Termination for Breach

metroEV may terminate your participation for material breach, including prolonged offline status exceeding 180 consecutive days, failure to remit an Incentive payment, or failure to cooperate with ECCC verification. In the event of termination for breach, any accrued earnings will be forfeited.

 

9.3 Termination Due to Program Cancellation

If the CFR is amended, cancelled, or metroEV becomes ineligible to participate such that it cannot generate revenue from your Charger data, metroEV may terminate the earnings portion of the Program. In that event: all active participants will be notified by email; a final payout of all accrued earnings will be processed in accordance with Section 7.2; and the metroEV Lifetime Warranty will revert as described in Section 8.1. Your Charger remains your property regardless of program termination.

 

9.4 Termination for Insufficient Profitability

metroEV reserves the right to terminate your participation upon 30 days’ written notice if, at any time, your Charger fails to generate sufficient gross carbon credit revenue to cover metroEV’s Per-Install Break-Even costs, including: (a) the $0.10/kWh earnings paid to you; (b) CFR reporting and verification costs attributable to your Charger; and (c) a reasonable allocation of metroEV’s platform and network operating costs. Gross carbon credit revenue is calculated as the number of compliance credits generated by your Charger during the applicable 12-month measurement period, multiplied by the weighted average transfer price at which those credits were sold by metroEV. As a non-binding reference, a Charger delivering fewer than approximately 1,700–2,500 kWh per year may not cover metroEV’s per-install costs. metroEV will use commercially reasonable efforts to notify you of under-performance at the 9-month mark of any measurement period, and may offer a cure period of up to 90 days. Upon termination: all accrued earnings will be paid in accordance with Section 7.2; your Charger remains your property; and metroEV will cease collecting Charger Data as of the termination effective date.

 

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METROSPHERE CORP. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM, INCLUDING LOSS OF DATA, LOSS OF REVENUE, OR PROPERTY DAMAGE. METROSPHERE CORP.’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF EARNINGS ACTUALLY PAID BY METROSPHERE CORP. TO THE PARTICIPANT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD) IF NO EARNINGS HAVE BEEN PAID DURING THAT PERIOD.

 

11. Privacy and Data Use

Your participation in the Program is subject to the metroEV Privacy Policy (available at metroev.ca/privacy), which describes how metroEV collects, uses, stores, and discloses your personal information and Charger Data. By participating, you consent to the collection and use of energy consumption data as described in Section 5 and the sharing of aggregated, anonymized data with government regulators (including ECCC) as required for carbon credit generation and compliance reporting.

 

11.1 Data Ownership (Reaffirmation)

All Charger Data is and shall remain the exclusive property of Metrosphere Corp. d/b/a metroEV. Nothing in this Agreement or the metroEV Privacy Policy shall be construed as granting you any ownership interest in the Charger Data. metroEV’s exclusive ownership of Charger Data is a condition of its regulatory status as a registered charging-network operator under the CFR (SOR/2022-140).

 

11.2 Retention

In accordance with s. 166 of the CFR, metroEV will retain Charger Data and related records for a minimum of ten (10) years from the date of recording.

 

12. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.

 

13. Amendments

metroEV may modify these terms at any time. Material changes will be communicated via email or through the App at least 30 days before they take effect. Continued participation after the effective date constitutes acceptance of the revised terms. If you do not agree to the changes, you may cancel your participation as described in Section 9.1.

 

14. Contact Information

Metrosphere Corp. d/b/a metroEV

7–80 Citizen Court, Markham, ON L6G 1A7

Email: support@metroev.ca | Phone: (833) 882-1713 | Web: metroev.ca

 

Acceptance

By clicking “I Accept”, downloading the metroEV App, or otherwise participating in the metroEV Rewards Program, you acknowledge that you have read and understood this Agreement in its entirety, have selected the participant type that accurately describes you, and agree to be bound by all applicable terms.

 

 

PART II — SPECIFIC TERMS BY PARTICIPANT TYPE

 

TYPE A — RESIDENTIAL HOMEOWNER

 

Applies To: Individual homeowners or tenants installing a Charger at a private residential dwelling in Canada. Credits generated under s. 102(1)(a) of the CFR.

 

A1. Eligibility

To participate as a Type A participant, you must:

  • be a resident of Canada;
  • own an EV or plug-in hybrid electric vehicle (PHEV);
  • own the residential property at which the Charger will be installed, or have the legal right to install an EV charger at that property (e.g., under a lease or with written landlord consent);
  • provide your full installation address, including province, at the time of registration;
  • register your Charger in the metroEV App upon installation and maintain a metroEV account in good standing; and
  • agree to the assignment of all applicable Incentives to Metrosphere Corp. as described in Section 6.2.

 

CFR Eligibility — s. 102(1)(a): To be eligible for credit generation under the CFR, your Charger must be installed at a private residential dwelling and owned by you (the occupant) by December 31, 2030. Compliance credits generated from residential EV charging will be phased out for compliance periods beginning after January 1, 2035. metroEV will confirm installation eligibility at registration.

 

A2. Charger Ownership and Installation

Title and ownership of the Charger vest in you upon purchase. You are responsible for all costs and arrangements for installation by a licensed electrician in compliance with applicable electrical safety codes. The Charger must be installed at a residential property in Canada.

 

A3. Relocation and Property Sale

Moving Within Canada: You may relocate your Charger to another residential address within Canada. Your earnings will continue to accrue from the date of reconnection. Notify metroEV of your new address at support@metroev.ca within 30 days of relocation.

Moving Outside Canada: If you move outside Canada, your participation will terminate and you will cease to earn credits. Any accrued earnings will be paid out in accordance with Section 7.2.

Sale of Property: Program participation is non-transferable. If you sell your property, you may take the Charger with you (update your address) or leave it for the new owner. If you leave the Charger, your participation terminates and your earnings will be paid out in accordance with Section 7.2. The new owner may apply as a new customer.

 

 

TYPE B — CONDOMINIUM UNIT OWNER

 

Applies To: Individual condominium unit owners installing a Charger in their unit or exclusive-use parking area. Credits generated under s. 102(1)(a) of the CFR. Title must vest in the unit owner, not the Condominium Corporation.

 

B1. Additional Definitions

  • "Condominium Act" means the Condominium Act, 1998, S.O. 1998, c. 19 (Ontario), or the equivalent legislation in the province where the Property is located.
  • "Condominium Corporation" means the condominium corporation constituted under the Condominium Act in respect of the Property.
  • "Condominium Documents" means the declaration, description, by-laws, and rules of the Condominium Corporation as amended from time to time.
  • "Exclusive-Use Area" means a parking space, storage locker, or other area designated for the exclusive use of a specific unit owner under the Condominium Documents.
  • "Property" means the condominium unit and any associated Exclusive-Use Area at which the Charger is installed.
  • "Unit Owner" means a person who holds registered title to a condominium unit within the Condominium Corporation.

 

B2. Eligibility

To participate as a Type B participant, you must:

  • be a registered Unit Owner of the condominium unit at which the Charger will be installed;
  • have the legal right under your Condominium Documents, and any required written approval from your Condominium Corporation, to install an EV charger within your unit or Exclusive-Use Area;
  • provide your full installation address, including province and unit number, at registration;
  • own an EV or PHEV;
  • register your Charger in the metroEV App upon installation and maintain a metroEV account in good standing; and
  • agree to the assignment of all applicable Incentives to Metrosphere Corp. as described in Section 6.2.

 

CFR Eligibility — Critical Ownership Requirement: Under s. 102(1)(a) of the CFR, compliance credits are generated only where the charging station is owned by the occupant of a private dwelling-place. Title to the Charger must vest in you as the individual unit owner — not in the Condominium Corporation. A Charger owned by a Condominium Corporation does not qualify under this pathway. You must not transfer title to the Condominium Corporation while participating in the Program.

 

B3. Condominium Board Approval

You are solely responsible for obtaining any approvals required under your Condominium Documents prior to installation, including written consent from your Condominium Corporation’s board, compliance with EV charging rules or by-laws, and any engineering or electrical assessments. metroEV does not undertake to obtain these approvals and accepts no liability for installation that proceeds without required approvals.

 

B4. Charger Ownership and Installation

Title and ownership of the Charger vest in you, the individual Unit Owner, upon purchase. You are responsible for all costs and arrangements for installation by a licensed electrician in compliance with applicable electrical safety codes and any requirements imposed by your Condominium Corporation. The Charger must be installed within your unit or Exclusive-Use Area within Canada.

 

Interaction with Condominium Documents: Nothing in this Agreement supersedes your obligations under your Condominium Documents or the Condominium Act. In the event of any conflict regarding physical installation or maintenance of the Charger, your Condominium Documents govern. However, the CFR compliance, data ownership, and credit ownership provisions of this Agreement govern in all cases.

 

B5. Relocation and Property Sale

  • Moving Within Canada: You may relocate your Charger (or re-enrol your Third-Party Charger) to another eligible residential address within Canada. If installing at a new condominium, you must again obtain any required Condominium Corporation approvals. Notify metroEV of your new address within 30 days.
  • Moving Outside Canada: If you move outside Canada, your participation will terminate and you will cease to earn credits. Any accrued earnings will be paid out in accordance with Section 7.2.
  • Sale of Unit: Program participation is non-transferable. If you sell your unit, you may leave the Charger (participation terminates; earnings paid out per Section 7.2; new owner may apply as new customer) or take the Charger (relocate per B5 above). Because title to the Charger is held by you and not the Condominium Corporation, the Charger is your personal property and is not automatically included in the sale of your unit. You should address the Charger in any Agreement of Purchase and Sale to avoid ambiguity.

 

 

TYPE C — CONDOMINIUM CORPORATION

 

Applies To: Condominium corporations enrolling chargers located in visitor parking areas or other publicly accessible areas of the building. Credits generated under s. 102(1)(b) of the CFR. Chargers must be listed on the metroEV App as Restricted-Access Chargers.

 

C1. Additional Definitions

  • "Authorization Mechanism" means a code, key fob, RFID card, or App-based unlock function that a user must present or activate to enter into the premises to access the Charger before initiating a charging session on a Restricted-Access Charger.
  • "Condominium Act" has the same meaning as in Type B.
  • "Designated Visitor Area" means a parking space or area within the Building designated for use by visitors, guests, or members of the public, as identified in the Condominium Documents or by written resolution of the board of directors of the Condominium Corporation.
  • "You / Your (for Type C)" refers to the Condominium Corporation accepting this Agreement through a click-through acceptance by an authorized representative.

 

C2. Eligibility

To participate as a Type C participant, the Condominium Corporation must:

  • be a condominium corporation duly constituted under the Condominium Act or equivalent provincial legislation;
  • own or have the legal right to enrol the Chargers at the Building;
  • install or have installed Chargers exclusively in Designated Visitor Areas or other areas that are publicly accessible (not restricted to specific unit owners);
  • list each enrolled Charger on the metroEV App as a Restricted-Access Charger with the applicable Authorization Mechanism; and
  • have obtained any board resolutions or owner approvals required under the Condominium Act and the Condominium Documents to enrol in the Program.

 

CFR Eligibility — s. 102(1)(b): Credits under this pathway are generated only where the charging station is intended primarily for use by the public and its location is listed on the metroEV App. Chargers restricted solely to unit owners or residents do not qualify under s. 102(1)(b). Chargers enrolled under Type C must be in Designated Visitor Areas and genuinely accessible (even if behind an Authorization Mechanism) to persons visiting the Building who are not unit owners or residents.

 

C3. Restricted-Access vs. Public Designation on App

Chargers enrolled under Type C will be listed on the metroEV App as “Restricted-Access” and will be visually distinguished from fully unrestricted Public Chargers (Type D). The listing will indicate:

  • that an Authorization Mechanism is required to access the location where the Charger is installed;
  • the type of access available (e.g., “Visitor Parking — Require Authorization for Access” or “Key Fob Required”); and
  • the Building address and designated parking area.

 

C4. Charger Ownership and Installation

The Condominium Corporation owns the Chargers enrolled under Type C. Title remains with the Corporation at all times. The Corporation is solely responsible for all costs and arrangements for installation by a licensed electrician in compliance with applicable electrical safety codes, the Condominium Act, and the Condominium Documents. metroEV accepts no liability for the physical condition, safety, compliance, or maintenance of the Chargers.

 

C5. No Signature Block — Click-Through Acceptance

This Agreement is accepted by the Condominium Corporation through a click-through “I Accept” process in the metroEV App or web portal, completed by an authorized representative of the Corporation. By clicking “I Accept”, the authorized representative represents and warrants that they have authority to bind the Condominium Corporation and that all board resolutions or approvals required under the Condominium Act to authorize enrollment have been obtained.

 

C6. Earnings

The Condominium Corporation will earn $0.10 CAD per kWh delivered through enrolled Restricted-Access Chargers on the same annual payout schedule and subject to the same $100.00 CAD minimum threshold as described in Section 7.2. Earnings will be paid to the bank account designated by the Corporation’s authorized representative in the metroEV App.

 

C7. Termination

Sections 9.1 through 9.4 of Part I apply to Type C participants. In addition, metroEV may terminate a Type C participant’s enrollment immediately if any enrolled Charger is moved from a Designated Visitor Area to an area accessible only to unit owners or residents, as that would remove the Charger from s. 102(1)(b) eligibility. The Condominium Corporation must notify metroEV of any change to the location or access status of an enrolled Charger within 15 days of that change.

 

 

TYPE D — COMMERCIAL / BUSINESS PARTICIPANT

 

Applies To: Business owners, retailers, office building owners, and other commercial operators enrolling chargers in publicly accessible or employee parking facilities. Credits generated under s. 102(1)(b) of the CFR. Chargers must be listed on the metroEV App and accessible to a defined class of public users.

 

D1. Additional Definitions

  • "Business Participant" means a corporation, partnership, sole proprietor, or other legal entity that owns or operates a commercial, retail, or office premises in Canada and enrolls Chargers at that premises under Type D.
  • "Commercial Site" means the business premises at which the Chargers are installed, as registered with metroEV in the App.
  • "You / Your (for Type D)" refers to the Business Participant accepting this Agreement.

 

D2. Eligibility

To participate as a Type D participant, you must:

  • be a Business Participant incorporated or registered to carry on business in Canada;
  • own or have the legal right to install and operate Chargers at the Commercial Site;
  • install Chargers in a location that is accessible to the general public or to a defined class of users (e.g., customers, employees, or visitors) — not restricted to private use by a single individual;
  • allow MetroEV to list each enrolled Charger on the metroEV App as a Public Charger (fully accessible) or, if access is restricted (e.g., employee-only, customer-only) depending on where the charger is installed; and
  • obtain all permits, approvals, and compliance certifications required for the installation of EV charging equipment at the Commercial Site under applicable law.

CFR Eligibility — s. 102(1)(b): Credits under this pathway require that the charging station be intended primarily for use by the public and that its location be listed on the metroEV App. A charger accessible to customers, employees, or visitors of a business qualifies as a charger intended primarily for public use for the purposes of s. 102(1)(b), provided it is not restricted to the private use of a single individual. There is no installation deadline or phase-out date applicable to the s. 102(1)(b) pathway.

 

D3. App Listing and Public Access

Each Charger enrolled under Type D will be listed on the metroEV App as a Public Charger and will show the Commercial Site address, availability status, and applicable pricing (if any). Chargers that become functionally inaccessible to any user other than the owner will be removed from the program.

 

D4. Third-Party Charger Conversions — Commercial

Business Participants may enrol existing chargers at the Commercial Site that were previously connected to another software platform or network operator (a “Commercial Third-Party Charger”). The prior provider liability and indemnity framework in Section 4.2 of Part I applies in full to Commercial Third-Party Charger enrollments. For multi-charger Commercial Site conversions:

  • the Business Participant represents and warrants that it has reviewed all Prior Provider Arrangements applicable to all Chargers being converted and is solely responsible for managing the transition;
  • metroEV will use commercially reasonable efforts to support the migration of existing charger configurations, RFID lists, and user data from the prior platform to the metroEV platform, at no additional cost for standard migrations; and
  • the Business Participant must provide metroEV with not less than 30 days’ advance notice before initiating a bulk conversion of 10 or more Chargers, to allow metroEV to coordinate the migration and verify compatibility.

 

D5. Charger Ownership and Installation

The Business Participant owns the Chargers enrolled under Type D. Title remains with the Business Participant at all times. The Business Participant is solely responsible for all costs and arrangements for installation by a licensed electrician in compliance with applicable electrical codes and local permitting requirements. metroEV accepts no liability for the physical condition, safety, compliance, or maintenance of the Chargers.

 

D6. Earnings

The Business Participant will earn $0.10 CAD per kWh delivered through enrolled Chargers on the same annual payout schedule and subject to the same $100.00 CAD minimum threshold as described in Section 7.2. Earnings will be paid to the bank account designated by the Business Participant’s authorized representative in the metroEV business portal.

 

D8. Termination

Sections 9.1 through 9.4 of Part I apply to Type D participants. In addition, metroEV may terminate a Type D participant’s enrollment immediately if any enrolled Charger is removed from the metroEV App listing, becomes inaccessible to users, or ceases to qualify under s. 102(1)(b) of the CFR for any reason. The Business Participant must notify metroEV within 15 days of any change to the location, access status, or operational status of an enrolled Charger.



 

16. Contact Information

Metrosphere Corp. d/b/a metroEV

7–80 Citizen Court, Markham, ON L6G 1A7

Email: support@metroev.ca | Phone: (833) 882-1713

Web: metroev.ca

 

 

Acceptance

By downloading or using the metroEV App or participating in the Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement.