Terms of Service

1. Acceptance of Terms

By accessing and using the True Charge EV Charger Compliance Testing System (“the System”), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use the System.

2. Description of Service

True Charge provides a web-based platform for managing Electric Vehicle Supply Equipment (EVSE) compliance testing, registration, and certification in accordance with Weights & Measures regulations. The System facilitates communication and documentation between:

• Registered Service Agents (RSAs)
• County Weights & Measures Officials
• EVSE Owners and Operators

3. User Accounts and Responsibilities

3.1 Account Creation

• You must provide accurate and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access to your account
• You must be at least 18 years of age to create an account

3.2 User Conduct

You agree to:

• Use the System only for lawful purposes and in compliance with all applicable regulations
• Provide accurate, complete, and truthful information in all submissions
• Not impersonate any person or entity
• Not interfere with or disrupt the System’s operation
• Not attempt to gain unauthorized access to any part of the System
• Not upload malicious code, viruses, or harmful content

4. Roles and Permissions

4.1 Registered Service Agents (RSAs)

• Must hold valid RSA license and agent license numbers
• Responsible for accurate completion of EPO-52 and EPO-30 test forms
• Must maintain professional standards and comply with regulatory requirements

4.2 County Weights & Measures Officials

• Authorized to review and approve/reject submissions for their jurisdiction
• Responsible for timely review of compliance documents
• Must maintain impartiality and follow established procedures

4.3 EVSE Owners

• Responsible for ensuring their equipment is properly registered and tested
• Must pay applicable registration fees in a timely manner
• Must ensure re-registration and re-testing within required timeframes

5. Regulatory Compliance and Liability

5.1 No Warranty of Compliance

While the System is designed to facilitate regulatory compliance, we do not guarantee that use of the System will ensure compliance with all applicable Weights & Measures regulations. Users remain solely responsible for ensuring compliance with all applicable laws and regulations.

5.2 Accuracy of Information

You are solely responsible for the accuracy and completeness of all data entered into the System. We are not liable for any regulatory violations, fines, or penalties resulting from inaccurate or incomplete data.

5.3 Electronic Signatures

By electronically signing documents in the System, you acknowledge that your electronic signature has the same legal effect as a handwritten signature and that you are bound by the contents of the signed documents.

6. Intellectual Property

All content, features, and functionality of the System (including but not limited to software, text, displays, images, and design) are owned by True Charge and are protected by copyright, trademark, and other intellectual property laws.

7. Data and Privacy

Your use of the System is also governed by our Privacy Policy. By using the System, you consent to the collection, use, and sharing of your data as described in the Privacy Policy.

8. Payment Terms

8.1 Registration Fees

• EVSE Owners are responsible for paying applicable county registration fees
• Fees are non-refundable unless otherwise specified by county regulations
• Payment must be completed before registration approval

8.2 Subscription Fees (if applicable)

• Some features may require paid subscriptions
• Subscription fees are billed in advance on a recurring basis
• Cancellation policies will be clearly communicated

9. Service Availability

9.1 Uptime

While we strive to maintain high availability, we do not guarantee uninterrupted access to the System. We may suspend access for maintenance, updates, or emergency repairs.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the System at any time without prior notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUE CHARGE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Regulatory fines or penalties resulting from your use of the System
• Any damages exceeding the amount you paid to use the System in the past 12 months

11. Indemnification

You agree to indemnify, defend, and hold harmless True Charge and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the System, violation of these Terms, or violation of any applicable laws or regulations.

12. Audit Logging

All critical actions within the System are logged for audit and compliance purposes. These logs may include user identity, action taken, timestamp, and IP address. Audit logs may be reviewed by authorized officials and used in regulatory proceedings.

13. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Providing false or misleading information
• Extended periods of inactivity

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

14.2 Arbitration

Any disputes arising from these Terms or use of the System shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement or data breaches.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice in the System. Your continued use of the System after changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and True Charge regarding use of the System.

18. Contact Information

For questions about these Terms, please contact your system administrator or designated compliance officer.

19. Acknowledgment

BY USING THIS SYSTEM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.