Last Updated: 2025-12-16
1. Acceptance of Terms and Conditions
These Terms and Conditions (the “Terms”) form a binding legal agreement between you and AstraX Charging Network Inc., operating as “AstraXCharge” (“AstraXCharge”, the “Company”, “we”, “us” or “our”). These Terms govern your access to and use of all services that we provide or make available, including our websites, the AstraXCharge mobile application, connected payment and wallet features, roaming functionality, and electric vehicle charging stations on the AstraXCharge network and on third party roaming networks that we support (collectively, the “Services”).
By creating an account, downloading or using the AstraXCharge mobile application, initiating a charging session, accessing our websites, or otherwise using any part of the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree with these Terms or the Privacy Policy, you must not access or use the Services.
You represent that you have reached the age of majority in your province or territory of residence and that you have the legal capacity to enter into this agreement. If you are using the Services on behalf of a company, organization or other entity, you represent and warrant that you are authorized to accept these Terms on behalf of that entity and that that entity agrees to be responsible to us if you or that entity breaches these Terms.
2. Definitions
For the purposes of these Terms, the following capitalized words have the meanings set out below, unless the context clearly indicates otherwise. “Account” means the user profile that you create with AstraXCharge which enables you to access certain features of the Services, including the AstraXCharge mobile application and Wallet. “Charging Session” means an electric vehicle charging transaction that is initiated, authorized, recorded or otherwise managed through the Services, whether on an AstraXCharge-operated charging station or a Roaming Network station.
“Wallet” means the stored-value balance available within your Account, which can be funded using supported payment methods and used to pay for Charging Sessions and other fees. “Auto-Reload” means an optional feature which, when enabled, authorizes AstraXCharge or its payment processors to automatically charge your saved payment method when your Wallet balance falls below a specified threshold. “Roaming Network” means a third party charging network or operator with which AstraXCharge has an interoperability agreement that allows AstraXCharge users to access charging stations operated by that third party.
“Site Host” means the owner, landlord, tenant, operator or other party that controls the physical site or property where a charging station is installed and that may set on-site rules, parking restrictions or other local conditions.
“Cross-Border Processor” means any third party that processes or stores personal data outside of the province or territory where the data was collected, including outside of Canada. Additional definitions may be provided elsewhere in these Terms or in the Privacy Policy and shall have the meaning given to them there.
3. Modifications to Terms and Services
AstraXCharge may revise and update these Terms from time to time, in whole or in part, at its sole discretion. When we make material changes, we will update the “Last Updated” date at the top of these Terms and may provide additional notice through the AstraXCharge mobile application, by email, or by other reasonable means. Unless otherwise stated, the revised Terms will become effective immediately upon posting and will apply to all access to and use of the Services thereafter.
By continuing to access or use the Services after revised Terms have been posted, you agree to be bound by such revised Terms. If you do not agree to the revised Terms, you must stop using the Services and, if applicable, delete the AstraXCharge mobile application from your devices. For clarity, changes to pricing, fees or service features that are disclosed in the App or at the charging station may take effect when disclosed, even if these Terms are not separately updated at the same time.
We may, at any time and without notice, modify, suspend, withdraw or discontinue any part of the Services, including specific features, station access, pricing models, promotions or other elements, for business, technical, legal or security reasons. We will not be liable to you or to any third party for any modification, suspension or discontinuation of the Services, provided that we comply with any non-excludable obligations under applicable law.
4. Eligibility, Accounts, Security and Passwords
To use certain aspects of the Services, including initiating Charging Sessions through the AstraXCharge App or maintaining a Wallet balance, you may be required to register and create an Account. You agree to provide accurate, current and complete information during the registration process and to update such information as necessary to keep it accurate, current and complete at all times. We may suspend or terminate your Account if we have reasonable grounds to believe that any information you have provided is inaccurate, incomplete or misleading.
You are responsible for maintaining the confidentiality of your login credentials, including your username, password, PIN and any other security codes used to access your Account. You agree not to disclose your credentials to any third party and to take reasonable steps to prevent unauthorized access to your Account, including when using public or shared devices. You are solely responsible for all activities that occur under your Account, whether or not you authorized them, until you notify us and we have had a reasonable opportunity to act on your notice.
You agree to notify AstraXCharge promptly if you become aware of or suspect any unauthorized access to or use of your Account, credentials or payment information, or any other breach of security. We may require you to change your password, implement additional security measures or take other steps to protect the integrity of the Services. AstraXCharge will not be responsible for any loss or damage arising from your failure to comply with these security obligations, except to the extent that such loss or damage is directly caused by our gross negligence or willful misconduct.
5. User Responsibilities and Prohibited Conduct
You agree that you will use the Services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations. Without limiting the generality of the foregoing, you must not: (a) access or attempt to access any part of the Services that you are not authorized to access; (b) use any robot, spider, scraper, data-mining tool, automated script, crawler or similar mechanism to access, copy or monitor any part of the Services; (c) circumvent or attempt to circumvent any security or authentication measures; or (d) probe, scan or test the vulnerability of the Services or any related system or network.
You must not introduce any viruses, worms, Trojan horses, malicious code or other harmful or disruptive technology into the Services or any related network; overload, flood, mailbomb or crash the Services; or interfere with any other user’s use of the Services. You must not use the Services to engage in fraud, harassment, abusive conduct, threats, defamation, infringement of intellectual property rights, invasion of privacy or any other unlawful or objectionable activity. You must not impersonate any person or entity or misrepresent your affiliation with any person or entity in connection with the Services.
You acknowledge that AstraXCharge reserves the right, without obligation, to monitor use of the Services to detect violations of these Terms and to protect its rights, the rights of other users and the security and integrity of the Services. If we reasonably believe that you have violated these Terms or otherwise misused the Services, we may, without notice and in our sole discretion, restrict, suspend or terminate your access to all or part of the Services, and we may take any other action that we consider appropriate, including cooperating with law enforcement or other authorities.
Users are prohibited from attempting to bypass authentication systems, conduct network probing or packet sniffing, inject malware, or engage in any action that imposes an unreasonable load on AstraXCharge infrastructure. Unauthorized access, impersonation and fraudulent activity are strictly prohibited.
You may not deep-link to any internal page, interface, API endpoint or non-public resource of the Services for any purpose, including monitoring availability or performance, benchmarking or commercial use, unless expressly authorized in writing by AstraXCharge. You may not reproduce or circumvent the navigational structure, security controls, authentication systems, price displays or interface surfaces of the Services, or attempt to obtain any materials, information or data through any means not intentionally made available through the public portions of the Services. Any automated access, indexing or scraping of the Services is strictly prohibited and may result in suspension or termination of your Account, blocking of your access to the Services and may give rise to civil liability, criminal prosecution or both.
6. Mobile Application, Devices and Connectivity
The AstraXCharge mobile application is made available for download from third-party app stores and is licensed, not sold, to you for use solely in accordance with these Terms and any applicable app store terms. You must provide your own compatible device, operating system, data plan and Internet connection in order to use the App and the Services. Performance of the App may vary based on your device, operating system version, network coverage, roaming conditions, and other factors beyond our control.
You acknowledge that your mobile network provider or Internet service provider may charge you for data, SMS or other usage in connection with your use of the Services, including when locating charging stations, receiving notifications, downloading updates, or authorizing payments. These charges are solely your responsibility. AstraXCharge does not guarantee that the App will function on all devices or in all locations, and we are not responsible for any limitations of your device or network that affect your ability to use the Services.
From time to time, we may update the App to introduce new features, improve performance, address security issues or comply with changes in law. Depending on your device settings, updates may be installed automatically or you may be required to manually install them. Certain features or aspects of the Services may not function properly if you do not install the latest version of the App. We are not responsible for any issues arising from your failure to install required updates.
If you are using a device or mobile phone that is owned or paid for by another person or organization, you represent and warrant that you have their permission to install and use the AstraXCharge App and to incur any network, data, or usage charges associated with its operation
7. Location Services and Notifications
If you enable location services on your device and grant the App permission to access your location, AstraXCharge may use your location information to help you find nearby charging stations, display estimated distances and travel times, provide geo-based notifications, and otherwise improve your user experience. You can disable location permissions at any time through your device settings; however, if you do so, certain features of the Services may not function or may be less accurate.
The Services may send you push notifications, in-app messages, SMS messages or emails about Charging Sessions, Wallet activity, security alerts, idle fee warnings, promotions or changes to these Terms. By using the Services, you consent to receive such communications. You may control certain notification preferences within the App or by using opt-out mechanisms provided in the messages, subject to any legal or service-related communications that we are required to send.
8. Use of Charging Stations, Site Hosts and Parking
You are responsible for ensuring that your vehicle is compatible with the available charging connector and for connecting and disconnecting your vehicle safely from the charging station. You must follow all on-screen instructions in the App or at the charging station, observe any signage at the site, and comply with all applicable laws, traffic rules and safety guidelines. You agree not to tamper with or misuse any charging equipment, cables or connectors and not to obstruct access for other users.
Charging stations are typically located on property owned, leased or controlled by Site Hosts, who may impose their own rules, time limits, parking fees, access restrictions or enforcement practices (including ticketing or towing). Site Hosts are independent of AstraXCharge. We do not control Site Host policies and are not responsible for their actions or omissions. You are solely responsible for complying with Site Host rules and for resolving any disputes with Site Hosts, parking authorities or other third parties related to parking or access.
Users are responsible for confirming that a charging session has successfully started before leaving their vehicle. AstraXCharge is not responsible for any parking tickets, idle fees, or penalties incurred due to incomplete session initiation.
You acknowledge that charging speed, duration and energy delivered during a Charging Session depend on many factors, including your vehicle capability, vehicle battery state of charge, temperature, battery age and health, station configuration, concurrent usage, grid conditions and load management. Actual charging performance may differ from estimates provided in the App or at the station. By initiating a Charging Session, you agree to pay the applicable fees regardless of any variation in charging speed or energy delivered, subject to any rights that cannot be limited under applicable law.
If you choose to use any charging adapter, connector, extension, or intermediary device that is not provided directly by AstraXCharge (“Adapter”), you are solely responsible for ensuring that such Adapter is certified for use in Canada (including CSA, cUL, or equivalent nationally recognized certification), is rated for commercial-grade charging, and is safe and compatible with both your vehicle and the charging station. AstraXCharge does not inspect, test, endorse, or guarantee the safety or performance of any third-party Adapter.
You assume all risks associated with the use of an Adapter, including risks of overheating, arcing, fire, electrical hazards, property damage, personal injury, equipment malfunction, and damage to AstraXCharge equipment or Site Host property. AstraXCharge is not responsible for any loss, damage, fee, or liability arising from or related to your use of an Adapter, and you agree to fully indemnify and hold AstraXCharge harmless for any claims, damages, costs, or expenses resulting from Adapter use.
9. Pricing, Wallet, Auto-Reload and Pre-Authorization Holds
Charging prices, idle fees, connection fees, applicable taxes and any other charges (collectively, the “Charging Price”) for a Charging Session are disclosed in the App, on our website or at the charging station. Charging Price structures may include per-kWh, per-minute, per-session or blended models, and may differ by station, Site Host, Roaming Network or jurisdiction. By initiating a Charging Session, you authorize AstraXCharge or its payment processors to charge the Charging Price to your selected payment method or Wallet balance.
To reduce the risk of failed payments, we or our payment processors may place a temporary pre-authorization hold on your payment card at the start of a Charging Session or when you add a card to your Account. The amount of any hold may differ from the final transaction amount. Holds are released by your card issuer in accordance with its own policies, which are beyond our control. We are not responsible for any delays in the release of pre-authorization holds or for any resulting impacts on your available credit or funds.
If you enable Auto-Reload for your Wallet, you expressly authorize AstraXCharge and its payment processors to automatically charge your designated payment method with the selected reload amount whenever your Wallet balance falls below the configured threshold. You may disable Auto-Reload at any time in the App; however, turning off Auto-Reload may prevent you from initiating Charging Sessions if your Wallet balance is insufficient and no other valid payment method is available. Wallet balances do not earn interest and, except where required by law, are not refundable in cash.
To maintain reliable access for all users, AstraXCharge reserves the right to apply a Fair Use standard to any Charging Session, pricing plan, promotion, discount, subscription, unlimited charging offer, or reduced-rate program (“Special Pricing”), regardless of whether such Special Pricing is offered by AstraXCharge or a Roaming Partner.
You agree not to use the Services in a manner that unreasonably limits or interferes with the availability of charging stations for other drivers, including but not limited to: excessive or continuous occupancy of chargers, repeated long-duration sessions beyond what is reasonably necessary to charge your vehicle, or any usage pattern that constitutes disproportionate consumption of network capacity.
If you participate in a Special Pricing program, including any unlimited or discounted charging plan, AstraXCharge may restrict or modify your access if your usage is inconsistent with typical personal EV usage patterns or reflects commercial, high-throughput, or fleet operations, unless expressly permitted in writing by AstraXCharge. Commercial use includes but is not limited to rideshare, taxi, courier, delivery, rental, car-share, fleet vehicles, and vehicles used for compensated passenger or goods transport.
AstraXCharge may, in its sole discretion and with or without notice, apply additional idle fees, charge standard retail rates, limit session duration, restrict access to certain sites, suspend Special Pricing benefits, or terminate program participation if Fair Use limits are exceeded. These measures are necessary to ensure fair availability of network resources for all users.
Charging power may increase or decrease at different points during a Charging Session based on battery state of charge, vehicle thermal management, station load, or grid conditions. Some AstraXCharge stations or partner networks may display charging speeds in tiers or publish indicative charging power ranges to help users understand expected performance. Charging speed may taper significantly as the battery approaches a higher state of charge or under certain environmental conditions, and this tapering is normal EV behavior.
Any charging speed tiers or power ranges shown in the App or at the station are informational only and do not guarantee that your vehicle will charge at a specific rate for the entire session. Charging prices apply to the full session regardless of variations in charging power or any changes between tiers, subject to rights that cannot be limited under applicable law.
To ensure charging stations remain available for other drivers, AstraXCharge may apply idle or congestion fees when your vehicle remains parked at a charger after the Charging Session has completed or when the site is heavily utilized. These fees encourage timely movement of vehicles once charging is finished and help improve network availability for all users. Idle or congestion fees apply in addition to any charging fees and begin once your vehicle is no longer actively charging, regardless of whether you remain with the vehicle.
10. Billing, Invoices and Dispute Period
You can review summaries of your Charging Sessions, Wallet transactions and payment history in the App or on our website. We encourage you to review your transactions regularly. If you believe that a transaction has been recorded in error, you must contact AstraXCharge customer support as soon as possible with details of the issue and supporting information.
To the maximum extent permitted by applicable law, you agree that any billing error or discrepancy must be reported to AstraXCharge within sixty (60) days from the date of the relevant transaction. If you do not notify us within this period, the transaction will be deemed correct and final, and we will have no obligation to investigate or adjust it. This provision does not restrict any rights you may have under your card network’s chargeback rules or any non-excludable statutory rights, including those available to Québec consumers under mandatory law.
We may correct any billing errors that we identify, including by issuing refunds or by charging your payment method or Wallet for undercharged amounts, in accordance with applicable law. If we suspect abuse of the dispute process, we may restrict the use of your Account or take other reasonable measures to protect the integrity of the Services.
11. Outbound Roaming
AstraXCharge may provide access to charging stations operated by third-party roaming networks with which we maintain interoperability arrangements (“Roaming Networks”). When you initiate a charging session on a Roaming Network station using your AstraXCharge Account, your session may be authenticated through AstraXCharge, but the station itself is operated, maintained, and controlled exclusively by the Roaming Network or its partners.
Roaming sessions may have different Charging Prices, idle fees, taxes, surcharges, access fees, operating conditions, and policies than those applicable at AstraXCharge-owned stations. Final pricing for Outbound Roaming sessions is determined solely by the Roaming Network and may include additional roaming or service fees. AstraXCharge does not control, set, or guarantee Roaming Network pricing.
To enable roaming functionality, AstraXCharge may transmit limited Account, authentication, billing, and session information to the Roaming Network, including unique identifiers, timestamps, energy consumption, and billing metadata necessary for authorization, settlement, fraud prevention, and regulatory or grid-reporting requirements.
Roaming Networks are independent third parties. AstraXCharge is not responsible for the acts or omissions of Roaming Networks, the availability, performance, safety, or accuracy of their charging stations, or their handling of personal information, which is governed by their own privacy policies and terms of service.
All technical issues, billing questions, pricing discrepancies, or disputes arising from Outbound Roaming sessions may require investigation or resolution by the Roaming Network and may be subject to their dispute-resolution policies.
AstraXCharge is not responsible for outages, pricing discrepancies, billing errors, or service limitations caused by Roaming Partners, mapping providers, payment processors, or third‑party systems. Users must direct roaming‑session billing disputes to their Roaming Partner.
12. Inbound Roaming
AstraXCharge may allow drivers who are customers of third-party charging networks (“Inbound Roaming Users”) to initiate charging sessions at AstraXCharge stations using authentication credentials issued by their home roaming provider. Access for Inbound Roaming Users is governed by interoperability agreements, technical protocols, and commercial arrangements between AstraXCharge and the applicable Roaming Partner.
Pricing for Inbound Roaming Users—including per-kWh charges, per-minute charges, session fees, parking fees, idle fees, surcharges, or other amounts—is determined solely by the Roaming Partner. While AstraXCharge may charge settlement or wholesale rates to the Roaming Partner, the final amount billed to the user is established by the Roaming Partner. AstraXCharge is not responsible for discrepancies, currency conversions, exchange-rate variations, bundling of fees, or additional service charges applied by the Roaming Partner.
All AstraXCharge idle fees, Site Host rules, parking restrictions, time limits, and enforcement policies apply equally to Inbound Roaming Users, regardless of whether such rules appear in the Roaming Partner’s mobile application or systems. Penalties (including towing, enforcement fees, or violations assessed by Site Hosts) apply to Inbound Roaming Users without exception.
By initiating an Inbound Roaming session, the user authorizes AstraXCharge to exchange session data with the Roaming Partner, including authentication tokens, charger identifiers, timestamps, energy consumption, pricing elements, session summaries, and other data required for billing, settlement, fraud detection, interoperability, or compliance with utility or regulatory requirements.
Inbound Roaming Users must direct billing inquiries, credit requests, fee disputes, pricing concerns, and refund claims exclusively to their Roaming Partner. AstraXCharge does not revise, reverse, re-bill, or adjust roaming transactions billed by a Roaming Partner. AstraXCharge may provide session validation information to the Roaming Partner but is not responsible for final billing outcomes.
Roaming access may be interrupted or unavailable due to interoperability issues, network outages, Roaming Partner downtime, maintenance, system incompatibility, or temporary suspension of roaming agreements. AstraXCharge is not responsible for the availability, reliability, or performance of roaming service for Inbound Roaming Users and is not liable for any resulting loss, delay, or inability to charge.
13. Intellectual Property Rights and License
All right, title and interest in and to the Services, including all content, data, text, graphics, logos, icons, images, audio and video clips, software, source code, object code, interfaces, designs, compilations and other materials, as well as all trademarks, trade names and service marks, are owned by AstraXCharge, its affiliates or its licensors and are protected by intellectual property laws and other laws in Canada and elsewhere. Except for the limited license expressly granted in these Terms, no rights are transferred to you.
AstraXCharge grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on your personal device and to access and use the Services for your own lawful, personal and non-commercial use, strictly in accordance with these Terms. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, reverse engineer, decompile or disassemble any part of the Services, except as expressly permitted by applicable law notwithstanding this limitation.
14. Customer Content and Feedback
If you submit reviews, comments, suggestions, photos, vehicle nicknames, or other materials or information to AstraXCharge through the Services (“Customer Content”), you grant AstraXCharge a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Customer Content in any media, for any lawful business purpose, without compensation to you.
You represent and warrant that you own or control all rights in and to the Customer Content and that our use of the Customer Content will not infringe or violate any third party’s rights or any law. You waive any moral rights you may have in Customer Content to the maximum extent permitted by law. AstraXCharge has no obligation to monitor or use Customer Content and may remove it at any time in its discretion.
15. Privacy, Cookies and Cross-Border Data Processing
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, disclose and protect personal information. By using the Services, you consent to our handling of personal information as described in the Privacy Policy. Among other things, we may collect information about your identity, contact details, payment methods, vehicle characteristics, Charging Sessions, device identifiers, and interaction with the App and website.
We may use cookies, web beacons and similar technologies on our websites and in the App to recognize your device, remember your preferences, understand how the Services are used and measure the effectiveness of communications. You may adjust your browser or device settings to refuse certain cookies, but if you do so, some parts of the Services may not function properly.
Some of our service providers, systems or data storage facilities may be located outside of your province, territory or country, including in the United States. As a result, personal information may be subject to the laws of those other jurisdictions and may be accessible to courts, law enforcement and national security authorities in those jurisdictions. We implement contractual and technical safeguards to help protect personal information processed by Cross-Border Processors. Nothing in these Terms limits any specific privacy rights you may have under mandatory laws, including Québec privacy legislation where applicable.
16. Service Availability, Maintenance and Changes
We endeavor to keep the Services reasonably available and functioning; however, we do not guarantee uninterrupted access or that the Services will be error-free. Charging stations, communications links, cloud systems and other components may be unavailable from time to time due to maintenance, upgrades, power outages, network failures, site access restrictions, vandalism, adverse weather or other events. We may temporarily suspend access to the Services or to specific stations or features for scheduled or emergency maintenance without notice, where reasonably necessary.
We may, from time to time, introduce, modify or discontinue certain features or programs, such as promotional pricing, loyalty schemes, referral bonuses or idle fee waivers. Unless otherwise stated, we are under no obligation to continue offering any particular feature or promotion for any specific period. We will not be liable for any loss or inconvenience resulting from any downtime, suspension or modification of the Services, except to the extent that such liability cannot be excluded under applicable law.
During periods of outage, maintenance, network interruption, or reduced service availability, AstraXCharge may provide users with estimated information regarding service restoration, charger repair timelines, roaming availability, or system recovery (collectively, “Restoration Guidance”). Restoration Guidance is provided for general informational purposes only and does not constitute a guarantee, warranty, or commitment that service will be restored within any stated timeframe.
Actual restoration times may vary due to factors outside of AstraXCharge’s control, including utility grid issues, telecommunications failures, equipment delays, third-party supplier constraints, Site Host access limitations, safety requirements, or conditions imposed by Roaming Partners or service contractors. Users must not rely on Restoration Guidance as a definitive service commitment or as the basis for operational, commercial, or travel decisions.
AstraXCharge shall not be liable for any losses, damages, costs, or expenses arising from reliance on Restoration Guidance or from any difference between estimated and actual service restoration timelines.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONALITY MADE AVAILABLE THROUGH THE APP, WEBSITE OR CHARGING STATIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, ASTRAXCHARGE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ASTRAXCHARGE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFORMATION ABOUT STATION AVAILABILITY, PRICING OR PERFORMANCE PROVIDED THROUGH THE SERVICES MAY BE ESTIMATES ONLY AND MAY CHANGE WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR ENSURING THAT THE SERVICES ARE SUITABLE FOR YOUR INTENDED USE.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASTRAXCHARGE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, ASTRAXCHARGE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES ARISING FROM OR RELATING TO: (A) SITE CONDITIONS WHERE CHARGING STATIONS ARE LOCATED, INCLUDING STRUCTURAL HAZARDS, WEATHER, LIGHTING, TRAFFIC OR CRIMINAL ACTIVITY; (B) ACTS OR OMISSIONS OF SITE HOSTS, ROAMING NETWORK OPERATORS OR OTHER THIRD PARTIES; (C) YOUR FAILURE TO FOLLOW SAFETY INSTRUCTIONS OR VEHICLE MANUFACTURER GUIDELINES; OR (D) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR PERSONAL INFORMATION, EXCEPT WHERE DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IF, NOTWITHSTANDING THE ABOVE, ASTRAXCHARGE IS FOUND LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR THESE TERMS, THE TOTAL LIABILITY OF ASTRAXCHARGE AND ITS AFFILIATES SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO ASTRAXCHARGE FOR CHARGING SESSIONS DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
19. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless AstraXCharge, its affiliates and their respective directors, officers, employees, agents and contractors from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms or any other agreement with AstraXCharge; (b) your violation of any applicable law or the rights of any third party; (c) your access to or use of the Services; (d) any Customer Content you submit; or (e) any misuse of your Account, credentials or payment methods, whether or not authorized by you.
20. Suspension and Termination
We may, in our sole discretion and without prior notice, suspend or terminate your Account or your access to some or all of the Services if we reasonably believe that you have violated these Terms, engaged in fraud or misuse, created risk or possible legal exposure for AstraXCharge or any third party, or if such action is necessary for system maintenance, security or business reasons. We may also disable, remove or suspend access to any content or functionality associated with your Account.
Upon termination of your Account or your rights under these Terms, your license to use the App and access the Services will automatically cease and you must stop all use of the Services and delete the App from your devices. Certain provisions of these Terms, including those relating to intellectual property, limitation of liability, indemnification, governing law, dispute resolution and interpretation, will survive termination and continue to apply to any matters arising out of your use of the Services prior to termination.
21. Governing Law and Jurisdiction (Hybrid Model)
These Terms and your use of the Services are governed by a hybrid choice of law model designed for a national Canadian charging network. For disputes that relate primarily to a specific Charging Session (such as alleged overbilling, idle fees or on-site incidents), the governing law will be the law of the province or territory in which the relevant charging station is physically located, together with the federal laws of Canada applicable therein. For disputes that relate primarily to the App, your Account, or general use of the Services across multiple jurisdictions, the governing law will be the laws of the Province of Ontario, together with the federal laws of Canada applicable therein.
In all cases, these Terms will be interpreted without giving effect to any choice or conflict of law rule that would result in the application of the laws of any other jurisdiction. Subject to any mandatory rights you may have under applicable consumer protection laws, including in Québec, you agree to submit to the non-exclusive jurisdiction of the courts of the relevant province or territory identified above for the resolution of any dispute or claim arising out of or relating to these Terms or the Services.
The Services are not intended for use in jurisdictions where they would violate local laws or regulatory requirements. Users accessing the Services internationally are responsible for compliance with local laws.
22. Class Actions and Court Access
These Terms do not impose any mandatory arbitration requirement. You retain the right to bring claims in court, individually or as part of a class action or other representative proceeding, to the extent permitted by applicable laws and court rules in the relevant jurisdiction. Nothing in these Terms is intended to limit or waive your ability to participate in such proceedings where they are allowed by law.
23. Force Majeure
AstraXCharge shall not be liable for any failure to perform, or any delay in performing, any of its obligations under these Terms if such failure or delay is due to events or circumstances beyond its reasonable control, including acts of God, natural disasters, extreme weather, fire, flood, pandemic, epidemic, war, terrorism, civil unrest, labour disputes, strikes, lockouts, power outages, utility failures, cyberattacks, denial-of-service attacks, supply chain disruptions, equipment failures, or actions or inactions of governments, regulators or other authorities.
24. Third Party Services, Links and Integrations
The Services may contain links to third-party websites, applications or services, or may integrate with third-party platforms such as mapping providers, roaming partners, payment gateways or analytics tools. These third parties are independent of AstraXCharge and are governed by their own terms and privacy policies. We do not control, endorse or assume responsibility for any third-party content, products, services, practices or policies. Your use of third-party resources is at your own risk.
25. Notices and Communications
We may provide notices and other communications to you by posting them in the App or on our website, by sending an email to the address associated with your Account, by push notification, or by any other method reasonably chosen by us. Notices will be deemed received on the date they are posted or sent. It is your responsibility to maintain accurate and up-to-date contact information and to regularly check for communications from us.
Electronic communications, including email and in‑app messaging, may be delayed, intercepted, or misdelivered. AstraXCharge is not liable for losses caused by email transmission failure, spam filters, or user‑maintained mailbox errors.
26. Assignment
You may not assign, transfer or delegate any of your rights or obligations under these Terms without the prior written consent of AstraXCharge, and any purported assignment without such consent will be null and void. AstraXCharge may assign or transfer its rights and obligations under these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganization, sale of assets or by operation of law, without notice to you.
27. Waiver and Severability
No failure or delay by AstraXCharge in exercising any right, power or remedy under these Terms will operate as a waiver of that or any other right, power or remedy. Any waiver must be in writing and signed by an authorized representative of AstraXCharge. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
28. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms or conditions that we present to you for specific Services or promotions (and that you accept), constitute the entire agreement between you and AstraXCharge concerning your use of the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, whether written or oral, with respect to the subject matter hereof.
29. Contact Information
If you have any questions about these Terms, the Services or our practices, or if you wish to submit a complaint or a billing dispute, you may contact us using the following details:
AstraX Charging Network Inc. (operating as “AstraXCharge”)
Info@Astraxcharge.com
support@Astraxcharge.com