Octopus Electroverse US LLC - Terms of Service
Last Modified: October 2, 2025
Welcome to Electroverse - the website, mobile app, software and online services of Octopus Electroverse US, LLC, a Delaware limited liability company (“Electroverse,” “we,” “our” or “us”). This page explains the terms by which you may use our online and/or mobile application, website, and corresponding software (collectively, the “Service”). By accessing or using the Service, you (“you” or “User”) agree and represent that you read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and the Electroverse Privacy Policy, whether or not you are a registered user of the Service.
We may revise this Agreement from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Service following the posting of any revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH LEGAL ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS THIS AGREEMENT AND THIS AGREEMENT APPLIES TO SUCH ENTITY, AFFILIATES, AND USERS.
IF YOU DO NOT AGREE TO ANY OF THE TERMS SET FORTH IN THIS AGREEMENT OR ANY FUTURE TERMS OF SERVICE, DO NOT USE OR ACCESS THE SERVICE.
"Charge Point Operator" or Charging Station Operator refers to an operator or operators of charging hardware and their associated charging network.
“Charges” means the charges for the use of Electroverse, being a calculation based on time and/or total energy consumed at a Charging Station, and other ancillary costs, fees and/or penalties, for example parking or plug-in fees.
"Charging Data Record" means information relating to a single (or multiple) charging session(s), sent to us by the relevant Charge Point Operator.
“Charging Station” means equipment that provides electric charging for plug-in electric vehicles.
“EV” means electric vehicle.
"Payment Method" means the way you choose to pay your bill, either by Credit or Debit Card.
"Privacy Policy" means our policy on how we manage your personal data.
Use of our Service
Electroverse is a method for you to access multiple electric vehicle charging networks across the United States and for the charges associated with your usage of those networks which are included on a single bill.Eligibility
This Service is intended solely for Users who are 16 years of age or older, and any registration, use or access to the Service by anyone under 16 is strictly prohibited and in violation of this Agreement. If you are older than 16 but younger than 18 years of age, you may use the Service but only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. This Service is not available to any Users previously removed from the Service by us.
Account Creation
Registration for access to and use of the Service may require access credentials, such as a phone number and one-time passcode, user name and a password, or adherence to other access requirements designated by Electroverse. When creating your account, you must provide accurate and complete information including your full legal name, address, a valid email address and any other information requested in order to complete the account creation process. Your login may only be used by one person. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify Electroverse immediately of any breach of security or unauthorized use of your account. Electroverse will not be liable for any losses caused by any unauthorized use of your account.
By creating an account, or giving us any contact information, you consent to receive mail and electronic communications (email, text/sms, telephone, push notifications) from Electroverse, in addition to any postings of communications by Electroverse on the website, relating to the Service, including any notices required by law. We may also use your contact information to send you other messages such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences. Opting out may prevent you from receiving messages regarding updates, improvements or offers. Your opt-out preferences do not apply to essential service-related communications or notices required by law. Please be aware that message and data rates may apply to communications between you and Electroverse; contact your wireless provider for details.
License Grant
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, nontransferable, revocable license to use the Service as permitted by the features of the Service and in accordance with all applicable terms. We reserve all rights in the Service not expressly granted herein. We may terminate this license at any time for any reason or no reason at all.
License Restrictions
You shall not engage in any of the following prohibited activities: (i) copying, distributing or disclosing any part of the Service or information displayed via the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) accessing the Service in order to monitor any aspect of the Service, including charging network information or the availability of the Service; (iii) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure; (v) interfering with the proper working of the Service; (vi) bypassing or interfering with the measures we use to prevent or restrict access to the Service; (vii) modifying, disassembling, decompiling or reverse engineering the mobile application used to access the Service; (viii) renting, leasing, loaning, reselling, sublicensing, distributing, or otherwise transferring the Service to any third party; (ix) deleting, removing, disabling, or otherwise creating a workaround to any of the copyright and other proprietary rights notices on the Service.
We may, without prior notice, change the Service or stop providing the Service or features of the Service, to you or users generally. We may permanently or temporarily suspend your access to the Service without notice and liability for any reason, including if we determine in our sole discretion that you have violated any provision of this Agreement, or for no reason at all. Upon suspension by Electroverse for any reason or no reason, you continue to be bound by this Agreement.
Termination
To modify or delete your account, login in to your account in the mobile app and follow the instructions provided therein to close your account. If you delete your account, you no longer will be able to access any data associated with the account, including transaction history.
Electroverse may immediately terminate this Agreement or your account and cease to offer you services, at any time, for any reason, in its sole discretion. If Electroverse terminates this Agreement, you remain responsible for any fees due hereunder as of the date of termination. Even after termination, if applicable, Electroverse may collect damages from you in connection with any breach of the terms by you and may exercise any other remedy available to it, at law or in equity. Following termination, you no longer have a right to access the Service. The obligations of the parties in Sections 4 (Proprietary Rights), 7 (Third Party Sites, Materials, Links), 8 (Indemnity), 9 (No Warranty), 10 (Limitation of Liability), 11 (Governing Law and Arbitration), and 12 (Miscellaneous) will apply regardless of any termination of this Agreement. Electroverse may charge your method of payment after the termination date for any unbilled fees, including for delayed charging data records that are received from the relevant charge point operator after the termination date for sessions occurring prior to the termination date.
Mobile Software
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Electroverse does not warrant that the Mobile Software will be compatible with your mobile device. Electroverse grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Electroverse account on one mobile device owned or leased solely by you, for your personal use.
You acknowledge that Electroverse may from time to time in its sole discretion develop and provide updates to the Mobile Software which may include upgrades, bug fixes, patches, other error correction and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Electroverse has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either: (i) the Mobile Software will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Mobile Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile Software and subject to all terms and conditions of this Agreement.
Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Electroverse or its third-party partners or suppliers retain all right, title and interest in the Mobile Software (and all copies thereof). Any attempt by you to transfer any of the right, duties or obligations hereunder, except as expressly provided by this Agreement is void. Electroverse reserves all rights not expressly granted under this Agreement. The Mobile Software may be subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You will comply with all applicable laws related to use of the Mobile Software and the Service.
Proprietary Rights
The Service and all materials therein or transferred thereby, including, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and, as between you and Electroverse, User Content (as defined below) belonging to other Users (collectively the “Electroverse Content”) and all intellectual property rights related thereto, are the exclusive property of Electroverse and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights.
Some areas of the Service allow Users to post content such as comments, reviews and other content (any such materials a User makes available on the Service, “User Content”). As between you and Electroverse, you own your User Content. By sharing User Content through the Service, you allow others to view and share your User Content in accordance with your settings and this Agreement. You expressly grant, and represent that you have all rights necessary to grant, to Electroverse a royalty-free, transferable, perpetual, irrevocable, worldwide license to use, reproduce, modify, distribute and publicly display all such User Content, in whole or in part, and in any form, media or technology for use in connection with the Service and Electroverse’s business.
You will not post User Content that: (i) may create a risk of harm, loss, physical or mental injury or emotional distress to you or any other person; (ii) may create a risk of any other loss or damage to person or property; or (iii) may constitute or contribute to a crime or tort. Electroverse has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation, about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous and without restriction and will not place Electroverse under any fiduciary or other obligation, and that we are free to use the Idea in any way without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by considering your Idea(s), Electroverse does not waive any rights to use similar or related ideas previously known to Electroverse, or developed by its employees, or obtained from sources other than you.
Paid Services
Fees, Payment, Taxes
You will pay the fees for the Service you select in the app. Fees for charging sessions accessed through the Electroverse platform vary depending on the charge point operator and location. Charges are based on charging data records we receive from the relevant charge point operator and may include, but are not limited to: the volume of energy consumed, connection fees, time spent charging, and parking and idle/overstay fees.
Electroverse sets the applicable energy and time-based rates, which are displayed in the Electroverse app and, where applicable, at the relevant EV charge point. All unit prices and charges may be rounded to four significant figures to ensure clarity—for example, to the nearest 0.01 of the applicable currency. We may also charge you for other reasonable and clearly communicated costs, including: (i) charges we are required to pass on by law, regulation, or regulatory authority; and (ii) reasonable costs (including administrative costs) arising from your failure to comply with this Agreement or the instructions for use at the EV charge point.
Your payment method will be charged for each charging session promptly after we receive the charging data record from the charge point operator. This is typically immediately following your charging session, but there can be a delay in us receiving the charging data record and charging you for the associated Costs, including relevant fees, charges, costs, and taxes. We reserve the right to charge for such delayed charging data records up to 90 days following the charging session date. You will be responsible for Costs incurred under your account regardless of your awareness of such Costs or the amounts thereof. For pay as you go Service, to confirm that your payment method is valid, Electroverse may make a pre-authorization charge that will be released once the Costs are successfully billed.
All Costs will be enabled by Electroverse and its third-party payment provider(s) using the preferred payment method designated by you in your account. Costs paid by you are non-refundable unless otherwise determined by Electroverse. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current.
You will be solely responsible for paying all direct or indirect federal, state and local taxes, duties, levies, premiums, fees and other assessments of any kind, even where Electroverse chooses to or is required to collect and remit to the applicable taxing authority in connection with your use of the Service, together with all interest, penalties or other additional amounts imposed thereon, including any gross receipts, sales, consumption, use, value added, commercial activity or other privilege, property, road or other transportation tax or any other taxes of any kind whatsoever imposed by any applicable taxing authority. These charges may change from time to time.
If you do not pay for your use of the Service on time, we may: (i) take such steps as are necessary to recover the sums due to us, which may include employing a debt collection agency; (ii) provide information about your non-payment to credit reference agencies, which may impact your ability to get credit in the future; (iii) recover from you all costs incurred by us in pursuing your non-payment, including bank charges due to cancelled or failed payments; (iv) charge interest on any overdue amount at the rate of 1.5% per month or the maximum rate permitted under applicable law, whichever is less; and/or (v) suspend or terminate your ability to use the Service.
Supply of Electricity and Waiver of Cancellation Rights
To make use of the electric vehicle charge points, you will need to use an internet-based authentication system, on charge point operator networks we work with, to start and stop charging. We will not be able to grant you access to the Service if we have not obtained all the information we need to initiate access. We require a valid payment method available and functioning on your account before you can make use of the EV charging points. By initiating a charging session, you expressly request and agree to the immediate supply of electricity. You understand that the service is considered fully performed once the charging session is complete and electricity has been delivered to your vehicle. Accordingly, and to the maximum extent permitted by applicable law, you waive any statutory right to cancel this contract or request a refund after the charging session has begun, including any rights under applicable federal or state consumer protection laws.
Privacy
By using the Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States. If your account enables billing to another person or business, certain information will be shared with that person or business. This may include personally identifiable information and information regarding the time and date of services, and the associated charges for such services. You acknowledge that such data sharing is a condition of use of the Service.
Security
Your use of the Service is at your sole risk. Electroverse cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your information for improper purposes. You acknowledge that when you provide information to Electroverse, you do so at your own risk.
Third-Party Sites, Materials, Links
The charging stations surfaced and made accessible via the Service are owned and operated by third parties (such third party is referred to as a “Charge Point Operator”). Electroverse has no control over the stations themselves and makes no representation that any individual station will function as expected. In addition to surfacing charging stations that are Electroverse compatible and part of the Electroverse network, Electroverse surfaces charging stations that are not partnered with Electroverse and therefore are not a part of the Electroverse network. These out-of-network charging stations are not eligible for payment or pricing through the Service. All charging stations are clearly labeled in the mobile app as being Electroverse compatible or not partnered with Electroverse.
While visiting charging stations, you will observe and obey all rules set by Charging Station Operators pertaining to their property and use of their chargers, including as to general conduct, parking, and idling limitations, and hours of operation. You are solely responsible for any damage, fees, penalties or losses caused by your violation of any Charging Station Operator rules.
You acknowledge that vehicle charging carries inherent risks. You will at all times follow all applicable product, vehicle, safety and technical documentation for the charging station and vehicle. You will use the correct equipment and connector type for the vehicle and charger. Chargers in the Electroverse network are intended for use solely for standard, unmodified, industry-manufactured automotive land vehicles. Using Electroverse for the charging of any other type of vehicle, including home-built electric vehicles, home-built onboard chargers, and vehicles that contain personally modified chargers, is prohibited. To the maximum extent permitted under applicable law, Electroverse will have no responsibility to you for any damages or losses resulting from your failure to comply with the terms of this paragraph, including without limitation any damages to personal property or arising from personal injury.
The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Electroverse is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Electroverse does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto 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.
Indemnity
You agree to indemnify, defend, and hold harmless Electroverse and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to: (i) your use or access of the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including but not limited to any breach of any of the representations and warranties above; (iii) your violation of any third-party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) the content you submit or make available through the Service; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service through your credentials.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELECTROVERSE, IT SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT PROVIDED BY THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE OR CHARGING SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
ELECTROVERSE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE PRESTO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ELECTROVERSE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELECTROVERSE, ITS AFFILIATES, SUBSIDIARIES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ELECTROVERSE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM ACCESS OR USE OF THE SERVICE OR CHARGING SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELECTROVERSE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT PROVIDED BY THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL ELECTROVERSE, ITS AFFILIATES, SUBSIDIARIES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ELECTROVERSE FOR USE OF THE SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM OR $1,000.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ELECTROVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY ELECTROVERSE’S NEGLIGENCE; (2) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (3) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Governing Law and Arbitration
Governing Law
This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. sec 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Houston, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ELECTROVERSE. In the unlikely event that you and Electroverse have not been able to resolve a dispute after 60 days of good faith negotiations, we each agree to resolve any claim, dispute, or controversy (excluding any Electroverse claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Houston, Texas, unless you and Electroverse agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed to prevent Electroverse from seeking injunctive or other equitable relief from the courts as necessary to protect Electroverse’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND ELECTROVERSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Miscellaneous
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Electroverse without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Geographic Restrictions
The Services are intended for access and use by persons located in the United States. If you access the Services from outside the United States, you are responsible for ensuring your use of the Services complies with all applicable local laws, regulations and requirements in the jurisdiction where you are located, including but not limited to consumer, privacy and data protection laws.
Notices
All notices or other communications required or permitted under this Agreement must be in writing and shall be deemed given: (i) when delivered personally, (ii) when sent by a nationally recognized overnight courier service, (iii) when sent by first class U.S. mail, postage prepaid, or (d) if agreed to in writing by the parties, when sent by email with confirmation of transmission. Notices to us must be sent to the following address:
Octopus Electroverse US LLC
Attn: Legal
114 Main Street, Ste. 500
Houston, Texas 77002Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Electroverse in connection with the Service, shall constitute the entire agreement between you and Electroverse concerning the Service. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Agreement will continue in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration provision shall be unenforceable.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Electroverse’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
U.S. Government Rights
If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation” respectively, pursuant to DFAR Seciton 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.
Contact
If you have any questions about Electroverse or the Service, please contact us at:
Octopus Electroverse LLC
114 Main Street, Ste. 500
Houston, TX 77002
hello@electroverse.com