Terms of Service

Welcome to Helios Charging. These Terms of Service (the “Terms”) govern your access to and use of our websites, electric vehicle charging solutions, software tools, and any related services we make available (collectively, the “Services”). By using the Services, you agree to be bound by these Terms.

Last updated: March 18, 2024

1. Eligibility & Account Registration

You must be at least 18 years old and able to enter into legally binding contracts to use the Services. Certain features may require an account. When registering, you agree to provide accurate, current, and complete information and to keep your credentials secure. You are responsible for all activity that occurs under your account.

2. Use of the Services

You may use the Services only in accordance with these Terms and all applicable laws. Helios Charging grants you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.

You agree not to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services.
  • Use the Services to infringe on the intellectual property or privacy rights of any third party.
  • Upload or transmit any viruses, malware, or other harmful code.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Access or use the Services in order to build a competitive product or service.

3. Project Modeling & Informational Tools

Any financial or operational projections generated by our modeling tools are provided for informational purposes only. Estimates are based on assumptions that may not reflect real-world performance. You are solely responsible for evaluating the accuracy, suitability, and risks associated with using such information, and Helios Charging does not guarantee results or future outcomes.

4. Charging Services & Hardware

If you deploy Helios Charging stations or related hardware, additional commercial agreements may apply. You are responsible for maintaining a safe installation environment and complying with all applicable building, electrical, and safety codes. Hardware warranties, installation obligations, and maintenance schedules are governed by separate written contracts or product documentation.

5. Fees & Payment

We may charge fees for certain Services. Unless otherwise specified in an order form, all invoices are due within thirty (30) days of receipt. Past-due balances may accrue interest at 1.5% per month (or the highest amount permitted by law, if lower) and may result in suspension or termination of the Services. All fees are non-refundable except as expressly stated in these Terms or an applicable order.

6. Third-Party Services

The Services may rely on or integrate with third-party products, data sources, or applications. Helios Charging does not control and is not responsible for third-party services. Your use of any third-party service is subject to that provider’s terms, and you agree to hold Helios Charging harmless from any liability arising out of your use of such services.

7. Intellectual Property

All content, software, designs, trademarks, and other intellectual property rights in the Services are owned by Helios Charging or our licensors. Except for the limited rights expressly granted in these Terms, no license or ownership right is transferred. You may not use our trademarks or branding without our prior written consent.

8. Confidentiality

Each party may have access to information that is confidential to the other party (“Confidential Information”). You agree to protect Confidential Information with the same degree of care you use to protect your own confidential information and to use it only as necessary to receive the Services. Confidential Information does not include information that is publicly available, already known to you, independently developed, or rightfully obtained from third parties without confidentiality obligations.

9. Data Privacy

Helios Charging’s collection and use of personal information is described in our Privacy Policy. By using the Services, you consent to the transfer, processing, and storage of your information in accordance with that policy.

10. Warranties & Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELIOS CHARGING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELIOS CHARGING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO HELIOS CHARGING FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Helios Charging, our affiliates, and our respective officers, directors, employees, and agents from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Termination

We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms or for any other reason upon notice to you. You may discontinue using the Services at any time. Sections of these Terms that by their nature should survive termination will remain in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. You agree to the personal jurisdiction and venue of the state and federal courts located in San Francisco County, California for any dispute arising out of or relating to these Terms or the Services.

15. Dispute Resolution

Before filing a formal legal claim, you agree to first contact Helios Charging at legal@helioscharging.com to attempt to resolve the dispute informally. If the parties cannot resolve the dispute within thirty (30) days, either party may pursue available remedies in court.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of the Services following the posting of updated Terms constitutes acceptance of the changes.

17. General

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

18. Contact Us

For questions about these Terms or the Services, please contact Helios Charging at info@helioscharging.com or by mail at 123 Market Street, Suite 500, San Francisco, CA 94105.