Terms of Service

1. Acceptance of Terms

By accessing or using the on-demand mobile electric vehicle charging services ("Services") provided by Vyrlo Energy, Inc ("Vyrlo," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to all the terms and conditions in these Terms or the Privacy Policy, you may not use our Services.

These Terms represent a binding agreement between you and Vyrlo. You acknowledge that Vyrlo reserves the right to terminate or suspend your access to the Services if you violate these Terms or fail to meet the eligibility requirements.

2. Service Description

2.1 Mobile Charging Service

Vyrlo provides a fleet of mobile EV charging vehicles equipped with connectors compatible with most electric vehicles. When you place a request through our app or website, a Vyrlo charging unit will travel to a location you designate to deliver energy to your electric vehicle.

2.2 Service Area and Availability

Service availability is limited to specified geographic areas, which may change over time. You must ensure that the address you provide is within our service area. We will endeavour to arrive within scheduled windows, but timing may be affected by traffic, safety conditions, and other factors beyond our control.

2.3 Membership Options

Vyrlo may offer different membership plans or subscription tiers with varying pricing, benefits, and usage allowances. Details of available plans are provided in the app or on our website. If you enrol in a subscription, it will renew automatically at the then-current rate unless you cancel before the renewal date.

3. Registration and Account

3.1 Account Creation

To access our Services, you must create an account by providing accurate and current information, including contact details and a valid payment method. You represent that all information you provide is truthful and kept up to date.

3.2 Eligibility

You must be at least 18 years of age and have legal capacity to enter into contracts. We may require verification of your identity or payment details before granting full access to the Services.

3.3 Account Security

You are responsible for safeguarding your login credentials and for all activity occurring through your account. You must promptly notify us if you suspect unauthorized access. You may not share your account with others.

3.4 Data Privacy

Personal information collected in connection with your account is handled in accordance with our Privacy Policy. By creating an account, you consent to receiving service-related communications via email, SMS, or push notifications.

4. Pricing and Payment

4.1 Fees

Fees for mobile EV charging are determined based on factors such as energy delivered, travel distance, time of day, and your membership status. Pricing is displayed in our app and is subject to change without notice. We may charge additional fees for emergencies, stand-by time, or after-hours requests.

4.2 Payment Methods

You authorize us to charge your selected payment method for all fees and taxes incurred in connection with your use of the Services. We accept major credit and debit cards and certain mobile payment systems. Your payment information is processed by secure third-party payment processors; Vyrlo does not store complete payment card information.

4.3 Taxes

Prices displayed may not include applicable taxes. Where required by law, taxes will be charged separately and itemized on your receipt.

4.4 Promotional Codes and Referrals

From time to time Vyrlo may issue promotional codes or referral credits (for example, "FIRST10" for a new-customer discount or "VFRIEND" for a refer-a-friend bonus). Such codes are subject to limitations, are one-time use, have no cash value, and cannot be combined with other offers. Vyrlo may modify or revoke promotions at any time.

4.5 Disputed Charges

If you believe there is an error in your billing, you must notify us in writing within 30 days of the charge. Failure to do so waives your right to dispute the charge.

4.6 Failed Payments

If your payment method fails or is declined, we reserve the right to suspend or terminate your access to the Services until outstanding balances are paid.

5. Use of Services

5.1 Proper Use

You agree to use the Services in compliance with these Terms and all applicable laws and regulations.

5.2 User Responsibilities

You are solely responsible for ensuring your vehicle's battery is compatible with our equipment and that our staff can safely access your vehicle's charging port. You must provide us with accurate location information, obtain permission to receive the Service at the location, and remain reachable during your scheduled appointment.

5.3 Presence During Charging

For safety reasons you or your authorized representative must be present while the Service is performed. You may not transfer possession of your vehicle's keys or allow any third party to operate the vehicle during charging other than Vyrlo personnel.

5.4 Prohibited Activities

You may not:

• use Vyrlo equipment for any purpose other than charging your designated EV;
• damage, tamper with, or resell our equipment or electricity;
• circumvent, reverse engineer, or interfere with any part of our systems;
• use the Services in a manner that is fraudulent, abusive, or illegal; or
• engage in behaviour that causes nuisance or safety risks to our staff or others.

5.5 Equipment and Access

Vyrlo retains ownership of all charging equipment. You must take reasonable care of any equipment provided to you and return it on demand. You will be responsible for costs arising from loss, damage beyond normal wear, or failure to return our equipment.

5.6 Reservation and Cancellation

When you schedule a charging session, you agree to the reserved time window. You may cancel or reschedule within a specified time frame without penalty; otherwise you may be charged a cancellation fee. Details of the cancellation policy are available in the app.

6. Membership Plans and Subscriptions

6.1 Subscription Terms

If you purchase a membership or subscription plan, you acknowledge that it will automatically renew at the then-current rates and billing cycle unless you cancel prior to renewal. You authorize us to charge your payment method on each renewal date.

6.2 Plan Changes

We may change the scope, price, or features of membership plans by providing reasonable notice. Continued use of a plan after notice constitutes acceptance of the updated terms.

6.3 Promotional Memberships

Promotional or introductory plans may have specific limitations, expiration dates, or usage restrictions which will be described in the promotional materials.

6.4 Suspension or Termination of Plan

We reserve the right to suspend or terminate your membership plan if you fail to pay, misuse the Service, or violate these Terms.

7. Intellectual Property

All website content, software, logos, trademarks, documents, and other materials provided by Vyrlo are owned by Vyrlo or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use our content solely for personal, non-commercial purposes in connection with the Services. You may not copy, modify, distribute, or create derivative works based on our content without our prior written consent.

8. Warranties and Disclaimers

Vyrlo endeavours to provide the Services using reasonable skill and care, but we do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. To the maximum extent permitted by law, the Services are provided "as is" and "as available". We make no express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.

Information provided in our app, on our website, or by our support staff is for general informational purposes only and should not be relied upon as professional advice. We are not liable for errors or omissions in such information.

9. Limitation of Liability

To the fullest extent permitted by law, Vyrlo and our officers, employees, partners, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, or goodwill, arising from or related to your use of the Services, even if such damages are foreseeable or we have been advised of the possibility.

Our total liability for all claims arising from or related to the Services will not exceed the amount you paid for the Services in the six (6) months preceding the event giving rise to the claim. The limitations in this section do not purport to limit liability that cannot be excluded under applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Vyrlo and our affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or connected to your (i) use of the Services; (ii) breach of these Terms; (iii) violation of any law or regulation; (iv) infringement of any third party's rights; or (v) negligence or willful misconduct.

11. Termination and Suspension

11.1 Termination by User

You may terminate your account at any time through the app or by contacting us using the information in the Contact section.

11.2 Termination or Suspension by Vyrlo

We may suspend or terminate your access to the Services immediately if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to Vyrlo, our users, or third parties.

11.3 Effect of Termination

Upon termination, any rights granted to you under these Terms will immediately cease, and you remain liable for all outstanding obligations, including unpaid fees. Sections of these Terms that by their nature should survive termination will continue in effect.

12. Modifications to Terms and Services

We may modify these Terms or the Services at any time. Material changes will be posted in the app or on our website and, where appropriate, notified via email. Changes will take effect upon posting unless a later effective date is specified. Your continued use of the Services after the effective date constitutes your acceptance of the modified Terms.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter are governed by the laws of the State of Illinois, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising out of these Terms or the Services, except disputes relating to intellectual property rights or claims that may be brought in small-claims court, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will be held in Chicago, Illinois. The arbitrator's decision will be final and binding.

13.3 Class Action Waiver

You agree that any arbitration or proceeding will be conducted on an individual basis and not as a class action or class arbitration.

13.4 Time Limitation

Any claim arising out of these Terms must be brought within one (1) year after the claim arises, unless the law requires a longer period.

14. Force Majeure

We are not responsible for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics, power outages, labour disputes, or governmental actions. Performance will be excused for the period of such event. Payment obligations are not excused by a force majeure event.

15. Privacy and Data Collection

We collect, use, and share your personal information in accordance with our Privacy Policy. By using our Services, you consent to this collection and use. The Privacy Policy explains what information we collect, how we use it, and your rights regarding your data.

We may send you service announcements, administrative messages, or marketing communications. You may opt out of non-essential marketing communications at any time.

16. Severability and Entire Agreement

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms, along with any policies referenced herein and any applicable membership or promotional terms, constitute the entire agreement between you and Vyrlo and supersede any prior agreements or understandings.

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms.