Terms & Conditions

SURGE Terms Of Service Last Updated: November 1, 2025

CONTRACTUAL RELATIONSHIP
SURGE GROUP LLC and its applicable affiliates (separately and together, “Surge”) provides the software and hosts the website for accessing the networked EV Charging system through SURGE’s website (https://surge-ev.com) (“Site”), Driver Portal, and Mobile App (as such terms are defined below), and related offers, promotions, applications, programs, and products (all of the foregoing in this sentence collectively referred to as the “Services”). The Site is owned and operated by Surge (collectively, with its subsidiaries and affiliates, “Surge”, “we”, “us” or “our”). References to “you” or “your” mean you as a casual visitor, someone who has created a user account for receiving information from us, user of our Services, member, account holder, or customer, as applicable. These Terms of Service (“Terms”) govern the use of electric vehicle charging and support services for plug-in electric vehicles (“EVs”) through a network of charging stations and related equipment, service plans, billing services, the Site, Driver Portal, and/or Mobile App (collectively, the “User Access Points”).

‍THESE TERMS ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALSOR CLASS ACTIONS. PLEASE CAREFULLY REVIEW SECTION 8 (“ARBITRATION”) OF THESE TERMS FOR MORE INFORMATION. THESE TERMS LIMIT SURGE’S LIABILITY AND THEREMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

‍By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the User Access Points or Services. These Terms expressly supersede prior agreements, understandings, or arrangements with you regarding the subject matter of these Terms. Separate supplemental terms may apply to certain Services, such as policies for a particular service plan, program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services.

‍Updates to the Terms
We may amend these Terms from time to time. Amendments will be effective as of the date Surge has posted such amendments on Surge’s website at Terms and Conditions. Your continued access or use of the Services after such notice and posting confirms your consent to be bound by the Terms, as amended. If you disagree with the amended terms, do not continue to use the Services.

‍Personal Information
Surge’s collection and use of Personal Information in connection with the Services is defined and described in Surge’s privacy policy located at Privacy Policy, which may be amended from time to time (“Privacy Policy”). Our Privacy Policy is incorporated into and forms part of these Terms.

‍2) ACCOUNTS Registration
In order to use most aspects of the Services, you must register for and maintain an active personal account with Surge (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account or use Services. Account registration requires you to submit to Surge certain Personal Information, such as your name, address, mobile phone number, age, and at least one valid payment method supported by Surge. By agreeing to the Terms you represent (i) that you are at least 18 years old and reside in a state, region, or country in which the Services may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that you have not previously been suspended or removed from the Services, and (iv) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in additional fees and/or your inability to access or use the Services. All the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any username that violates these Terms, including any username that uses another person’s identity. You are responsible for authorizing, deauthorizing and administering Account access. You are responsible for maintaining confidentiality of all passwords. Unless otherwise permitted by Surge inwriting, you may only possess one Account. You may not authorize third parties to use your Account. We may use the email you provide to us inyour user account profile to provide you with service messages and updates. By becoming a user, you are consenting to the receipt of these communications.

‍Access Credential
After completing registration for an Account, you will be permitted access Services using a valid authentication method, which may include an RFID access card, a mobile authentication method, and/or other method (collectively, “Access Credential”) which will be linked to your Account. Your Access Credential will enable you to use the electric vehicle charging stations across the network operated and maintained by SURGE (“Network Charging Stations”) to charge your EV. You agree that you are responsible for all charges incurred through use of the Access Credential assigned to you and linked to your Account. In the event of a lost or stolen Access Credential, you are responsible for immediately notifying Surge by sending an email to support@ev-surge.com or calling (917) 764-1556 .You agree to be liable for any and all charges incurred due to usage of the lost or stolen or unauthorized access to your Access Credential(unless due to Surge’s negligence) until Surge has been notified.
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‍Modification and Termination
To modify or terminate your Account or Services, (a) login to the Driver Portal or Mobile App and follow the modification or termination instructions provided therein, (b) email support@ev-surge.com with “Attention: Accounts” in the subject line, or (c) call (917) 764-1556.Surge may immediately terminate these Terms or terminate or suspend any Services with respect to you, or generally ceaseoffering or deny access to the Services or any portion thereof, at any time for any reason in its sole discretion. If Surge elects to terminate your Account and/or your use of the Services, then you will be responsible for payment for any Services used, but not yet paid for, and any other fees due hereunder, as of the date of such termination. In addition, if applicable, Surge may collect damages from you in connection with any breach of the Terms by you and may exercise any other remedy available to Surge hereunder, at law or in equity. Upon termination of Services or your Account, your method of payment will be charged for any unbilled amounts and any other fees due hereunder.

‍3) CHARGING SERVICES Host Property Restrictions
Network Charging Stations may be located and hosted on a third party’s property(such third party is referred to as a “Host”). As such, you agree to observe and obey any and all rules set by Hostspertaining to their property and the use of Network Charging Stations on such Host properties, including, but not limited to, general customer or visit or conduct, parking restrictions, parking time limitations, and hours of operation. You are solely responsible for any damage, fees, penalties or loss caused by your noncompliance of any Host rules. Support In the event of any equipment malfunction or other technical issue with your Access Credential or a Network Charging Station, please call (917) 764-1556 or the contact number located on the Network Charging Station. To ensure the quality of the Services, you consent to Surge monitoring and recording calls between you and Surge.

‍IN THE EVENT OF AN EMERGENCY OR ANY SITUATION THREATENING SERIOUS INJURY TO PROPERTY OR HUMAN LIFE, IMMEDIATELY DIAL 911 AND FOLLOW THE INSTRUCTIONS YOU ARE GIVEN.

Authorized Charging Adapters
For your safety, Surge only permits the use of automaker-manufactured charging adapters on Surge charging stations or with its charging network (“Authorized Adapters”). AuthorizedAdapters include 1) Tesla AC adapters for use with Surge AC chargers; 2)Tesla-manufactured, authorized, and/or endorsed adapters (e.g. the CHAdeMOadapters available at Tesla.com); and 3) any other automaker-manufacturedadapter. Surge prohibits the use of all other adapters (“Unauthorized Adapters”) on its network and charging stations, and/or in connection with the Terms and Services identified herein. Youunderstand, accept, and agree to fully comply with these terms. You also agree to accept all liability for any and all loss, harm, or damage experienced byyou or any other party caused by your use of Unauthorized Adapters inconnection with your use of the chargers, network, or the Terms and Servicesidentified herein. Finally, you agree to indemnify, defend, and hold Surge harmlessfor any damage experienced by any party that is caused by your failure tocomply with these terms.

‍Prohibition of Home-Built Electric Vehicles, Modified Vehicles, and Modified Chargers
Surge only allows you to use standard, industry-manufactured and recognized electric vehicles with its network and charging stations, and/or in connection with the Services and these Terms. Surge prohibits the use of all home-built electric vehicles, home-built onboard chargers, and vehicles that contain personally modified chargers (“Unauthorized Vehicles and Chargers”). You understand, accept, and agree to fully comply with these terms. You also agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your use of Unauthorized Vehicles and Chargers in connection with the chargers, network, or with the Terms and Services identified herein. Finally, you agree to indemnify, defend, and hold Surge harmless for any damage experienced by any party that is caused by your failure to comply with these terms.

‍Services for Personal Use Only
Unless otherwise agreed to by Surge in a signed writing, you shall not in any manner, directly or indirectly, resell or allow your Account, the Services or any Surge equipment to be used by another person or entity.

‍Restrictions
You agree to comply with all applicable laws and regulations when accessing or using the Services, and you may only access or use the Services for lawful purposes.

You may not use the Services (i) in any way that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or Surge’s reputation or property, including Network Charging Stations, or (ii) in any way prohibited by these Terms, any supplemental terms or other Network policies. Additionally, you may not attempt to repair, physically modify, reverse engineer or derive source code from any Network Charging Station. You acknowledge and agree that the manufacturer of all Network Charging Station equipment has reserved all right, title, and interest in and to intellectual property associated with Network Charging Station equipment and that you shall take no action that would cause, or by inaction permit, any impairment of any right, title, and interest of the manufacturer in such intellectual property and to otherwise respect the legal rights of the manufacturer.

‍4) WEBSITE; DRIVER PORTAL; MOBILE APP

License, Use & General Restrictions
Subject to your continued compliance with these Terms, Surge grants you alimited, non-exclusive, non-sublicensable, revocable, non-transferable licenseto: (i) access and use Surge’s website (the “Site”), driver portal (“Driver Portal”), mobile application (the “Mobile App”) and related services solely in connection with your use of theServices; and (ii) access and use any content, information and relatedmaterials that may be made available through the User Access Points, in eachcase solely for your personal, noncommercial use. Any rights not expresslygranted herein are reserved by Surge.

The Driver Portal and Mobile App provide information regarding your Account and Network Charging Stations, including Network Charging Station locations, trip mapping, and other content and features Surge may make available, and provide you general access to utilize the Services. You are responsible for all use of the Driver Portal and/or Mobile App under your username and/or by use of your password.

You acknowledge and agree that Surge may modify the User Access Points in any way and at any time, with or without notice. You further acknowledge and agree that, while Surge has attempted to provide accurate information on the User Access Points, such information may change frequently and in no event will Surge be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any information, materials, or other content, or that any such information, materials, or other content is the most up-to date. Surge does not represent or warrant that the User Access Points will be error-free, free of viruses or other harmful components.

You WILL not: (i) remove, obscure, or modify any copyright, trademark or other proprietary notices from any portion of the User Access Points; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the User Access Points except as expressly permitted by Surge; (iii) decompile, reverse engineer, or disassemble the User Access Points except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the User Access Points; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the User Access Points or that unduly burden or hinder the operation and/or functionality of any aspect of the User Access Points; (vi) attempt to gain unauthorized access to or impair any aspect of the User Access Points, or its related systems or networks; (vii) impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or, (viii) attack the User Access Points via a denial-of-service attack or a distributed denial-of-service attack.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the User Access Points and the content and materials provided there in.

For more information about Surge’s collection and use of Personal Information in connection with the Services, please read our Privacy Policy, located at: https://www.ev-surge.com/privacy-policy

‍5) PRICING & PAYMENT
‍You understand that use of the Services may result in charges to you for the services or products you receive (“Charges”). Details of Services, pricing for such Services, and any supplemental terms offered by Surge (collectively, a “Plan”) are located on the User Access Points and/or in your online Account. Please login to your Account or visit the User Access Points for further information on your Plan.

‍Pricing
Unless your Plan specifies otherwise, Surge reserves the right to establish and revise Plan pricing, including session, monthly or membership fees and time or usage-based rates, at any time in Surge’s sole discretion. Further, you acknowledge and agree that some aspects of Plan pricing are based on a variety of factors, including but not limited to geographical area, time of day, and local utility rates, and, therefore, pricing may vary according to the locationof the Network Charging Station. You may view current Plan pricing on your mobile application and online portal. In certain situations, pricing will be displayed on a sign next to the charger. Surge will use reasonable efforts to inform you of material changes in Plan pricing that may apply to you, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of pricing. All Charges paid by you are final and non-refundable, unless otherwise determined by Surge. Surge may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. If you are receiving a free trial or Promotional Program not associated with a Plan, you may be placed on a successor Plan at the end of such trial or program.

‍Billing & Payment
Generally Surge will charge the method of payment that you designate during the creation of subsequent modification of your Account (“Designated Payment Method”) every time you initiate a charging session on a Network Charging Station (“Session Payment”). Each Session Payment will be collected on the same day as the applicable charging session (“Session Payment Date”). In addition to the Session Payment, a $20.00 charge may display on the credit card used as the Designated Payment Method; provided, however, that such charge will be temporary and for authorization purposes only. Not withstanding the foregoing, Surge may, at its sole discretion, elect to allow for Session Payments to accrue during an applicable month, in which case Surge will collect the accrued Session Payments on the last day of your Billing Period. As used here in, “Billing Period” means each one-month period commencing on and following the date you sign up for the Services.

For any Plan with membership fees (“Membership Fees”), Surge will charge your Designated Payment Method on a monthly basis on the first day of each Billing Period (“Membership Fee Payment Date”). You will receive an email confirming your payment and an Account invoice each month. Since the Billing Period begins on the date you sign up for the Services under that Plan, if you sign up for multiple Plans with Membership Fees on different days of the month, each Plan will have its own corresponding Billing Period and Membership Fee Payment Date. If Surge is unable to collect payment on the Session Payment Date or Membership Payment Date (each, a “Payment Due Date”), Surge reserves the right, to be exercised In Surge’s sole discretion, to disable your access to the Services without advanced notice. Surge will thereafter, from time to time in its sole discretion, initiate further charges of your designated payment method until such time as your outstanding invoice is paid in full. If Surge is unable to collect payment by the fifth day following the Payment Due Date, Surge will add to the outstanding balance a one-time late payment fee (a “Late Payment Fee”) equal to the product of (i) the outstanding invoiced amount multiplied by (ii) the lesser of (a)five percent (5%) or (b) the maximum rate allowed by applicable law.

If Surge is unable to collect payment of the outstanding amount (including the Late Payment Fee) by the tenth day following the Payment Due Date, Surge may suspend your Account. If Surge is unable to collect payment of the outstanding amount (including the Late Payment Fee) by the twenty-fifth day following the Payment Due Date, Surge may deactivate your Account. If your Account is deactivated due to non-payment as set forth above, Surge may assess an additional fee to reactivate your Account after delinquent payment is received; provided, however, that Surge shall have sole discretion to determine whether to reactivate a deactivated account.

You understand if you have an unpaid balance to Surge and do not make satisfactory payment arrangements, your account may be placed with an external collection agency. You will be responsible for reimbursement of the fee of any collection agency, and all costs and expenses, including reasonable collection and attorney’s fees incurred during collection efforts.

In order for Surge or their designated external collection agency to service your account, and where not prohibited by applicable law, you agree that Surge and the designated external collection agency are authorized to (i) contact you by telephone at the telephone number(s) you are providing, including wireless telephone numbers, which could result in charges to you, (ii) contact you by sending text messages (message and data rates may apply) or emails, using any email address you provide and(iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable. Further more, you permit and consent to the designated external collection agency to share personal contact and account related information with third party vendors to communicate account related information via telephone, text, e-mail, and mail notification.

‍Suspension of Service
Suspension. We may suspend your account and access to the Service, with or without notice, if you violate any provision of these Terms. The Effects of Account Suspension. Upon any suspension of your account, all Service associated with your account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of your account or any individual Service, you will not be permitted to: (i) add, upgrade, downgrade or modify any of the Service; (ii) request an emergency restoration; (iii) transfer any Service;(iv) access any of the websites, email accounts or Content associated with the suspended Service or account. You agree to hold us harmless from and against any and all claims, losses or damages arising from any suspension of your account or the individual Service.

‍Term; Termination
‍Term. These Terms shall commence upon your use of the User Access Points or the Service and shall continue until terminated.

‍Termination.
We reserve the right to deactivate any accounts which have not been active for at least six (6) months. We reserve the right to delete data in deactivated accounts. We reserve the right to stop providing the User Access Points or the Service to you or access to the User Access Points at any time for any reason and without prior notice. We reserve the right, in our sole discretion, to close your account, without prior notice, for any one or all of the following: (i) if you breach, whether intentionally or unintentionally, any of these Terms, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any of our rights; (ii) if we receive notice that you or your company will be or are/is subject to insolvency proceedings; (iii) upon our receipt of any third party charge back associated with any payment method tendered as payment on your account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by that clearly requires a response; (v) if, in our reasonable judgment, your use of the User Access Points or the Service has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers;(vi) if your account becomes past due and is not paid as set forth in the “Billing & Payment” section of these Terms; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (viii) if an unusual spike in resource usage is detected by our systems resulting in an account faroutstripping the allotted resources; or (ix) if you fail to cure any suspension of your account or any individual Service, to our satisfaction, and within the time frame we specify. In the event of any such closure of your account, youwill not be eligible for a refund of any fees and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closurepursuant to this section of the Terms.Upon any closure of your account: (i) these Terms and all rights granted under these Terms shall cease immediately (exceptthose expressly surviving or which by their nature would survive); (ii) allaccess to the Service and your account will cease immediately; (iii) you will be billed for, and we may automatically attempt to collect from your payment method, any outstanding amount owed; and (iv) all of your data will (at ouroption) be deleted from our servers and backup systems and we may not have or keep backup of the data and User Content. You agree to hold us harmless from and against any and all claims, losses or damages arising from any closure of your account. Any and all sections in these Terms which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your account or any of the Service formerly associated with your account following any closure.

‍Taxes
You agree that 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 if Surge is required by law to collect and remit to the applicable governmental authority with respect to your use of the Services (including any charging station, if applicable) that Surge provides to you, together with all interest, penalties or other additional amounts imposed thereon, including, without limitation, 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 governmental authority. These charges may change from time to time without advance notice. Tax exemptions for the Services will require a valid exemption certificate. Tax exemptions will not be applied retroactively.

‍6) COPYRIGHT & SERVICE MARKS
‍The content, organization, software code, graphics, design, compilation, magnetic translation, digital conversion, and other aspects related to the design, function, performance, or operation of the User Access Points, and/or Network Charging Stations are protected under applicable copyright, trademark and other proprietary intellectual property rights. The copying, redistribution, use, or publication by you of any such matters or part of such matters, except as allowed by the license granted in this agreement, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the User Access Points.

“Surge”, the Surge logo, and our other brands are our service marks or registered service marks or trademarks. Some of the content, products and company names mentioned on the User Access Points maybe copyrighted work of third parties and/or trademarks of their respective owners. Use, reference, copying or publication by you of any service marks or trademarks owned by Surge or a third party mentioned on the User Access Points, except as allowed by the license under this agreement, is strictly prohibited.

‍COOPERATION WITH LAW ENFORCEMENT AND GOVERNMENT AGENCIES; REQUIRED DISCLOSURES

‍You acknowledge that we have the right to investigate complaints and prosecute reported violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may report violations to, and involve and cooperate with law enforcement authorities, regulators, or other agencies or third parties in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the User Access Points or the Services, but we have the right to do so for the purpose of operating the User Access Points, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.

You understand and agree that we may disclose your Personal Information, usage history, IP addresses, traffic information, or any other information relating to your Account or your use of the User Access Points, or Services, if required to do so by law, regulation,regulatory agency request or order, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regardingsuspected or actual illegal activities; (b) to enforce these Terms (includingfor billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations,to assist government enforcement agencies, or to protect the security orintegrity of the User Access Points; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.

‍7) DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
Availability
Surge shall use commercially reasonable efforts to provide continuous access tothe Services and/or (ii) make available the Network Charging Stations, in eachcase pursuant to these Terms. Surge does not guarantee that the Services willbe accessible at all times. The Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances. Surge reserves the right to change your password if Surge believes it is not secure. Surge has the right to refuse access to the Services. Surge has right to cease offering the Services at any time and in Surge’s sole discretion.
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‍DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ALL OTHER SIMILAR WARRANTIES ARE HEREBY EXPRESSLYDISCLAIMED WITH RESPECT TO (I) NETWORK CHARGING STATIONS AND RELATED EQUIPMENT,(II) INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE USER ACCESS POINTS,AND (III) THE SERVICES, EXCEPT AS SET FORTH IN THESE TERMS. IN ADDITION, SURGE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANYSERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE OR OPERATIONAL AT ANY PARTICULAR LOCATION OR AT ANY PARTICULAR TIME, OR THAT THEY WILL BE ERROR-FREE ORVIRUS-FREE. FURTHER, SURGE AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED BELOW. SURGE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF MERCHANTS OR THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANYSERVICE OR PRODUCT REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU,TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

You are solely responsible for ensuring that your EV’s battery is sufficiently charged to meet your needs and that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging.
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‍Exclusive Remedy
Your sole and exclusive remedy for any claim arising out of or relating to Surge’s breach of these Terms or the terms of a Plan shall be for Surge, upon receipt of written notice, to use commercially reasonable efforts to cure the breach at its expense or, at Surge’s election, return the fees you paid to Surge for the Services in the month during which the breach occurred, and, at Surge’s option terminate the Plan.
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‍Limitation of Liability
NOT WITHSTANDING ANY OTHER PROVISIONS OF THE TERMS OF A PLAN TO THE CONTRARY, REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT SHALL SURGE OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THESE TERMS, THE TERMS OF A PLAN, ANY ERRORS IN OR OMISSIONS FROM THE USER ACCESS POINTS, OR ANY SERVICES OR PRODUCTS OBTAINABLE THERE FROM, THE UNAVAILABILITY OR INTERRUPTION OF THE USER ACCESS POINTS, OR ANY FEATURES THEREOF, YOUR USE OF THE USER ACCESS POINTS, THE CONTENT CONTAINED ONTHE USER ACCESS POINTS, OR ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF ANY AFFILIATE, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT RESULT FROM THE PERFORMANCE OR NONPERFORMANCE OF SURGE’S OBLIGATIONS UNDER THESE TERMSOR THE TERMS OF A PLAN, YOUR USE OF ANY SURGE EQUIPMENT, INSTALLATION OF SURGE EQUIPMENT, SURGE’S ACTS OR OMISSIONS RELATED TO A PLAN WHETHER OR NOT ARISING FROM SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, VIOLATION OF LAW, BREACH OF CONTRACT, BREACH OF INDEMNITY PROVISIONS, BREACH OF WARRANTY OR ANYOTHER THEORY OR SOURCE WHETHER OR NOT FORESEEABLE AND EVEN IF SURGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY RELEASE SURGE FROM ANY SUCH EXCLUDED DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HERE IN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIMITOF SURGE’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITYIN TORT OR BY STATUTE OR OTHERWISE) TO YOU FOR ANY MATTER RELATED TO THESE TERMS, THE TERMS OF A PLAN, YOUR USE OF SURGE EQUIPMENT, THE INSTALLATION OF SURGEEQUIPMENT, THE USER ACCESS POINTS SHALL NOT IN THE AGGREGATE EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY YOU WITH RESPECT TO THE SERVICES DURING THE SIX (6)MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE NEGATION AND LIMITATION OF DAMAGES SETFORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SURGE AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICEOR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THEUSER ACCESS POINTS, OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, ORGUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
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‍Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SURGE, ITS AFFILIATES, AND THE IRRESPECTIVE DIRECTORS, OFFICERS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES,CONTRACTORS, AND AGENTS FROM AND AGAINST ALL THIRD-PARTY ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES, COSTS, DAMAGES, DEFICIENCIES, JUDGMENTS, LIABILITIES, PENALTIES, FINES, ASSESSMENTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS OF LITIGATION) WHICH THEY OR ANY OF THEM SUFFER ORINCUR RESULTING FROM, BY REASON OF, ARISING OUT OF OR IN CONNECTION WITH: (I) PERSONAL INJURY, BODILY INJURY, INCLUDING FATAL INJURY TO, OR LOSS OF OR DAMAGE TO THE PROPERTY OF, ANY PERSON OR ENTITY WHATSOEVER (INCLUDING THE PARTIES HERE TO) ARISING OUT OF OR IN CONNECTION WITH YOUR, OR ANYONE USING YOUR ACCESS CREDENTIAL, (II) YOUR NEGLIGENT USE OF THE SERVICES, (III) ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO SURGE INCLUDING IN ANY PLAN, AGREEMENT, CERTIFICATE, DOCUMENT, SCHEDULE, ANNEX,OR OTHER INFORMATION RELATING TO OR DELIVERED PURSUANT HERE TO, (IV) ANY ACTUALOR PROSPECTIVE CLAIM, LITIGATION, INVESTIGATION, OR PROCEEDING RELATING TO ANY OF THE FOREGOING, WHETHER BASED ON AGREEMENT, TORT, OR ANY OTHER THEORY, WHETHER BROUGHT BY A THIRD PARTY OR BY YOU, OR (V) YOUR USE OF THE USER ACCESS POINTS.

8) ARBITRATION AGREEMENT
Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the User Access Points, the Content, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in the County and State of New York. Each party submits to personal jurisdiction and venue in the County and State of New York for any and all purposes.

‍Pre-Arbitration Notification. The Company and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, how-ever, that the Company need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim, whether you or the Company, shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is making a claim, the letter shall be sent, via email, to the email address listed in your Company account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are making a claim, the letter shall be sent to Surge Group LLC, 79014th St. N, Suite 300, St. Petersburg, FL 33702 (Attn: Legal Department ). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or the Company, however, may seek provisional remedies (such as preliminary injunctive relief, subject to this Section)before the expiration of this sixty (60)-day period.
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‍Arbitration of Claims. All actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rule sand Procedures if the matter in dispute is $250,000 or less, to be held in New York, NY, before a single arbitrator. If the matter in dispute is between the Company and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating tothe arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as here in provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at anytime, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in the County and State of New York or, if sought by the Company, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the applicable court in the County and State of New York or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

‍Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, ORINJURIES IN CONNECTION WITH YOUR USE OF THE USE ACCESS POINTS, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLEYOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOUWILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY COMPANY PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY COMPANY PARTY.
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‍Governing Law. These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against the Company or by the Company against you pursuant to this Section, or otherwise related to the User Access Points, Content, or other of the Company products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of New York, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section shall be governed solely by the Federal Arbitration Act, 9U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and the Company agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

‍Class Action Waiver. As permitted by applicable law, both you and the Company waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or other wise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

‍Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, INCONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOFAND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING INCONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

Small Claims Matters. Not withstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to this Section. The provisions ofthis Section shall supersede any inconsistent provisions of any prior agreement between the parties. This Section shall remain in full force and effectnotwithstanding any termination of your use of the User Access Points or these Terms.

‍9) OTHER PROVISIONS
General
‍These Terms, including, but not limited to, the Privacy Policy (and updates to these Terms and the Privacy Policy), and anyother terms agreed to in writing by the parties or by way of your use of the User Access Points or the Services shall constitute the entire and exclusive understanding and agreement between you and Surge regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation. You may not assign, transfer or convey (collectively, “assign” or its variants) these Terms, in whole or in part, your Plan, or your Account, Login Credential, or password without Surge’s prior written approval Surge may assign these Terms, in whole or in part, without your consent. Any purported assignment in violation of this section shall be of no power or effect. No joint venture, partnership, employment, or agency relationship exists between you, Surge or any third-party provider as a result of these Terms, your Plan or use of the Services. If any provision of these Terms or the terms of any Plan are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Surge’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Surge in writing. This provision shall not affectthe Severability and Survivability section of the Arbitration Agreement of these Terms. Applicable provisions of these Terms will continue in effect after termination or expiration of a Plan or Account to the extent necessary, including those for billing adjustments and payments, indemnification, limitations of liability, and dispute resolution. Surge’s rights under these Terms shall survive any termination of these Terms.
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‍Communications
By creating an Account or giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from Surge, in addition to any postings of communications by Surge on the User Access Points (e.g., by posting notices on your account profile page), concerning information and/or our Services(collectively, “Communications”). For account holders, Communications may be those that Surge is required to send to you by law concerning us, your Account or information, the User AccessPoints, or the Services (“Required Communications”). The Communications may also be those that Surge sends to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting Surge. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, username and email address; however, you will not receive any further electronic notices from Surge (other than Required Communications), which notices may include important notices or announcements.
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‍Contacting Surge
‍You may contact Surge in the followingways:
Compliance@ev-surge.com
Surge Group LLC
7901 4th St. N, Suite 300, St.Petersburg, FL 33702