Consumer Terms of Service

Welcome!

1. Introduction and Scope

These Consumer Terms of Service (“Terms”) are a legal agreement between us (“us”, “our”, “we”, or “Aalto”, Aalto Energy, Inc.) and you (“you” or “your”), the individual who uses one or more of the products and services we offer for your personal use under these Terms (each, a “Consumer Service”). The Consumer Services include the Aalto mobile applications for iOS and Android and the Aalto web application (including the charging map at aalto.energy/maps), which let you locate charging stations across many networks, start charging sessions, and pay for them in one place.

These Terms are a legally binding agreement between you and us. By using a Consumer Service, you agree to be bound by these Terms, and any new features or tools that are added to a Consumer Service will also be subject to these Terms. These general Terms apply to all Consumer Services; the product-specific parts below (the Aalto Account Terms and the Charging Terms) also apply when you use the corresponding Consumer Service. Businesses that use the Consumer Services described in these Terms are subject to these Terms even if used for business purposes. Businesses that use Aalto products and services offered under the Aalto Services Agreement are referred to as “Business Users”.

2. Additional Terms That Apply to You

The following additional policies and terms also apply when you access or use the Consumer Services, all of which are incorporated by reference into these Terms:

• Arbitration; Class Waiver. IF YOU ARE LOCATED IN THE UNITED STATES, YOU AGREE TO THE ARBITRATION PROVISION IN SECTION 12 (DISPUTES WITH AALTO; ARBITRATION), WHICH REQUIRES YOU TO RESOLVE DISPUTES BETWEEN YOU AND AALTO ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, PROHIBITS YOU FROM MAINTAINING OR PARTICIPATING IN A CLASS ACTION LAWSUIT, AND WAIVES YOUR RIGHT TO A JURY TRIAL.
• Electronic Communications. You agree that we will communicate with you electronically, and that your electronic agreement has the same effect as if you signed in ink, as described in our E-SIGN Disclosure, which is incorporated into these Terms by this reference.
• Privacy Policy. You acknowledge the Aalto Privacy Policy. Aalto and the applicable Station Operator are independent controllers of personal data collected in conjunction with the Consumer Services and will independently and separately determine the purposes and means of their processing of personal data. We may transfer your personal data to countries other than your own country, including the United States. Please read the Privacy Policy carefully to understand how your information is collected, used, and shared.
• Acceptable Use Policy. Your use of a Consumer Service is subject to Aalto’s Acceptable Use Policy.

We may revise these Terms from time to time. We will use reasonable efforts to notify you of material changes to these Terms in advance of their effectiveness, including by posting notice in the applicable Consumer Services or providing notice via an email address or phone number associated with you. The revised Terms will be effective on the date stated in the revised Terms. By using a Consumer Service after any revisions become effective, you agree to those changes. If you do not agree with any changes to these Terms, you must stop using the Consumer Services.

3. Eligibility

You may only enter into these Terms if you are over the age of majority and able to enter into a legally binding contract in the country in which you reside.

You must not use the Consumer Services if you have previously been terminated or suspended from using any of our services, including any Consumer Service. You may not enter into the Terms or use any Consumer Service if you are the target of government sanctions, such as those applied by the U.S. Department of the Treasury Office of Foreign Assets Control, or any other national government.

You must be eligible for the particular Consumer Services to the extent they are available in your country. If we present an incorrect country for you or you move countries, then you must correct the country in your account or contact us at support@aalto.energy before using the Consumer Services again.

4. Aalto’s Role

Aalto offers and provides you with the Consumer Services described in these Terms. Charging stations are owned and operated by Station Operators: businesses that operate stations on Aalto’s platform, or third-party charging networks connected to Aalto through roaming. The Station Operator, and not Aalto, is responsible for the charging station and the energy it dispenses, including the installation, maintenance, safety, and physical operation of the station, site conditions, and compliance with law applicable to the station.

When you pay for a Charging Session through a Consumer Service, Aalto is your counterparty for the payment: we charge your saved payment method and we handle billing questions, receipts, and refunds as the Charging Terms describe, including for roaming sessions on third-party networks.

Your access to and use of the Consumer Services does not change your relationship with any Station Operator, third party services or platforms, or with your bank or credit or debit card company.

5. Identification and Prevention of Fraud

You agree that:

• Information you provide about yourself and your use of the Consumer Services must be complete and accurate as of the time provided, and you must keep this information up-to-date;
• To the extent law allows, we and our service providers may verify your identity and your payment methods; and
• You must notify us immediately if you become aware of any unauthorized use or access to your account. You are responsible for any actions taken through the use of your credentials, except for actions taken after you have told us that your account or credentials have been compromised.

6. Communications via Text, Push Notification, Email, and Phone

To the extent allowable under law, by providing us with a phone number, you consent to receiving text (SMS) messages, push notifications, and phone calls from us. Such communications may include, but are not limited to, sign-in verification codes, receipts, charging session status notifications, reminders, notifications regarding updates to your account or account support, requests for product feedback, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using any Consumer Service. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates your cell phone carrier applies may apply to the text messages we send you.

You may opt out of receiving promotional email communications we send to you by following the unsubscribe options on such emails or by managing your communications preferences in the app. You may opt out of text messages at any time by replying STOP to any message we send, and you can reply HELP for help. Message and data rates may apply, and message frequency varies. You acknowledge that opting out of text messages may impact your use of the Consumer Services — for example, if you created your account with a phone number, we use SMS verification codes to sign you in, and you will no longer receive charging-session notifications such as session-completion and receipt alerts.

7. Our Intellectual Property Rights

We reserve all rights not expressly granted to you in these Terms. The Consumer Services are protected by trademark, copyright, patent and other laws of the United States and other countries. We own all rights, title, and interest in and to the Consumer Services and all copies of the Consumer Services, and all Intellectual Property Rights in them. Your use of the Consumer Services is subject to these Terms, and these Terms do not grant you any rights to our Intellectual Property Rights or the Intellectual Property Rights of our licensors, licensees, or partners. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

8. Feedback

You may choose to submit feedback, ideas and suggestions about the Consumer Services, but it is never required. You agree that we may use, integrate, and share all feedback, ideas, and suggestions you submit for any purpose and without compensation or obligation to you. You assign to us all rights, title and interest to any feedback, ideas and suggestions, including the right to use, modify and integrate them in any manner.

9. Termination

Termination by Us: We may terminate these Terms (or any part), and we may limit, suspend, change, or remove your access to any or all Consumer Services, including any feature or aspect of the Consumer Services, at any time for any reason. If commercially reasonable, we will take reasonable steps to notify you before taking any action that restricts your access to the Consumer Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate these Terms at any time without notice to you and accordingly we may terminate your access to the Consumer Services.

Termination by You: You may terminate these Terms at any time and for any reason by closing or deleting your Aalto Account as described in the Aalto Account Terms below. Termination will be effective on the date that your account is closed.

Effect of Termination: Upon termination, you will not have any further use of or access to the Consumer Services. Termination does not relieve you of your obligations to pay amounts owed for Charging Sessions completed or in progress before termination. The following provisions will survive even after these Terms terminate: Our Intellectual Property Rights, Feedback, Disclaimer of Warranties, Limitation of Liability, Disputes with Aalto; Arbitration, Governing Law, Assignment, and Miscellaneous Terms.

10. Disclaimer of Warranties

We, our affiliates, and our respective agents and contractors (together, the “Disclaiming Entities”) make no warranties with respect to the charging stations, energy, or other products, services, or information provided by Station Operators to you. You agree, with respect to any claim regarding the stations, energy, products, services, or information provided by Station Operators, that the Disclaiming Entities are not responsible or liable for, and you release the Disclaiming Entities from, all claims, demands and damages, including but not limited to: (a) claims related to the condition, safety, or operation of a charging station or charging site; (b) claims that a Station Operator’s products or services fail to conform to any applicable legal or regulatory requirement; (c) claims about Station Operators’ products, services, or practices arising under consumer protection or similar legislation; (d) claims based on any inaccurate, incomplete or out-of-date information provided by a Station Operator; and (e) claims of damage to your vehicle or property arising from the use of a charging station, except in each case to the extent these Terms expressly state otherwise (for example, our responsibility for billing and refunds in the Charging Terms).

Subject to statutory consumer guarantees, which will apply irrespective of this disclaimer, the Consumer Services are provided “as-is” and without any representation or warranty, whether express or implied. The Disclaiming Entities make no representation or warranty of any kind whatsoever (other than those implied by statute) with respect to the Consumer Services or the content, materials, information and functions we make accessible, and specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Consumer Services will be uninterrupted, error-free, free from cyber attacks, or secure, or that any charging station shown in the Consumer Services will be available, functional, or compatible with your vehicle.

Some laws limit or prohibit disclaiming the warranties referred to in the previous paragraphs, or impose obligations on us that we can’t eliminate with these Terms. In those cases, this section does not restrict, exclude or modify any consumer rights under any applicable law.

11. Limitation of Liability

The Disclaiming Entities will not be liable to you for any failure to perform our obligations under these Terms due to a Force Majeure Event. A “Force Majeure Event” is any event beyond the control of the Disclaiming Entities that significantly impacts Aalto’s ability to perform its obligations under these Terms, including a strike or other labor dispute; supply chain disruption; telecommunication breakdown; power outage or shortage; grid emergency or curtailment ordered by a utility, grid operator, or governmental authority; weather; earthquake; fire; flood; act of God; riot; civil disorder; epidemic; pandemic; war; terrorism threat or act; law; or act of a governmental authority.

The Disclaiming Entities will not be liable to you in any circumstances for: (a) loss of business, loss of goodwill, loss of opportunity, or loss of profit; or (b) any loss that we could not have reasonably anticipated.

Subject to the product-specific parts below and applicable consumer laws in your country, in no event will a Disclaiming Entity’s liability arising out of or in connection with these Terms exceed the greater of $200 USD or, if applicable, the amount you paid for the Charging Session on which your claim is based.

You and we agree that the other has relied on the disclaimer of warranties and limitation of liability stated above in entering into these Terms, the limitation and disclaimer are essential to the agreement between you and us under these Terms, and they will apply to the fullest extent allowed by law. Some laws restrict our ability to disclaim or limit our liability. In those cases, this section does not restrict, exclude or modify any consumer rights under any applicable law.

12. Disputes with Aalto; Arbitration

If you have an issue with a Consumer Service or a charge, please contact us first at support@aalto.energy; most concerns can be resolved quickly and informally.

IF YOU ARE LOCATED IN THE UNITED STATES: you and Aalto agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Consumer Services will be resolved by binding arbitration on an individual basis administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that (a) either party may bring an individual claim in small claims court; and (b) either party may seek injunctive relief in court for infringement or misuse of intellectual property rights. YOU AND AALTO EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You may opt out of this arbitration provision by sending written notice to support@aalto.energy within 30 days of first accepting these Terms.

13. Governing Law

If you reside in the United States, New York law will govern any claim or dispute between you and us that arises out of these Terms, regardless of conflict of law principles.

14. Assignment and Miscellaneous Terms

You must not assign your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and novate our obligations under these Terms to Aalto affiliates, at any time for any reason by providing notice to you.

These Terms, together with the policies incorporated by reference in Section 2 and the product-specific parts below, are the only agreement between you and us regarding the Consumer Services. In the event of an irreconcilable conflict between a provision in these general Terms and a product-specific part below, the product-specific provision will govern. These Terms do not create any partnership, joint venture, or other agency relationship between you and us. If we do not immediately exercise a right we have under these Terms, we do not waive that right. If any part of these Terms is found unenforceable, that part will be ignored, and all of the remaining terms will remain in effect.

15. Contact

If you have a question about the Consumer Services or how these Terms apply to you, please contact us at support@aalto.energy or by mail at Aalto Energy, Inc., 524 Broadway, #02-110, New York, NY 10012, United States.

Aalto Account Terms

1. Your Aalto Account

To start a charging session through the Consumer Services, you must create an account (your “Aalto Account”). You can sign up with your email address or your mobile phone number; we will verify it with a one-time code. When you create an Aalto Account, we will collect and store certain personal data from you, such as:

• Your name, email address, and/or mobile phone number (“Account Information”); and
• Your payment method details (a credit or debit card, Apple Pay, or Google Pay) and, where applicable, your billing address (“Payment Information”).

Together, your Account Information, Payment Information, and information related to your charging sessions (such as session dates, locations, energy delivered, and amounts) are your “Saved Information”. We will use all personal data we collect about you in accordance with the Aalto Privacy Policy.

If your Aalto Account is linked to, or your charging is billed to, a business (for example, your employer or a fleet operator), we will share information about that charging activity with the business that pays for or administers it, including session dates and times, station locations, energy delivered, and the associated charges. You acknowledge that this sharing is a condition of using business-billed charging through your account.

2. Saving and Managing Payment Methods

• You may only save Payment Information that you are authorized to use. When you add a payment method to your Aalto Account, you authorize Aalto to validate and store it (or, for Apple Pay and Google Pay, the associated token) so we can charge it for your Charging Sessions as described in the Charging Terms.
• Please keep your Payment Information current (e.g., card number and expiration date). If this information changes, you authorize us to, as permitted by and in accordance with law, update it using information and third-party sources available to us (such as card network account-updater services) without any action on your part. If you do not want us to update your card information, you may remove your Payment Information from your Aalto Account.
• The last payment method you used for a successful Charging Session may become your default payment method for your next session. You may change your default payment method, and add or remove payment methods, in your Aalto Account settings.
• Removing a payment method does not cancel or change any amounts you still owe for Charging Sessions already completed or in progress.

3. Security

We take the protection of your Saved Information seriously and have implemented technical and organizational measures designed to safeguard it from accidental loss and from unauthorized access, use, alteration, or disclosure. While we strive to provide robust security, no system is completely foolproof, and we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You are responsible for keeping your sign-in credentials and devices secure. If you have reason to believe that the security of your Aalto Account has been compromised, please contact us immediately at support@aalto.energy.

4. Closing Your Aalto Account

You may close your Aalto Account at any time in the app’s account settings or by contacting us at support@aalto.energy. If your account is closed, we will delete or retain your Saved Information in accordance with the Aalto Privacy Policy and applicable law. Closing your account does not relieve you of your obligation to pay amounts owed for Charging Sessions completed or in progress before closure.

5. Dormant Accounts

If your Aalto Account remains inactive for a continuous period of two years (no charging sessions, no sign-ins, and no changes to your Saved Information), we may consider the account dormant and may close it at our discretion. Before closing a dormant account, we will notify you using the email address or phone number associated with your Aalto Account and give you at least 30 days to reactivate it by signing in.

Charging Terms

These Charging Terms apply when you use the Consumer Services to find charging stations or to start and pay for a charging session (a “Charging Session”).

1. Finding Stations; Station Information

The Consumer Services display charging station locations, availability, connector types, power levels, pricing, and amenities. This information is provided by Station Operators, third-party networks, and other third-party sources, and is provided for your convenience only. It may be incomplete, delayed, or inaccurate. For example, a station shown as available may be in use, out of service, or inaccessible. We do not guarantee the accuracy of station information, and you are responsible for confirming at the station that it is appropriate, available, and compatible with your vehicle.

2. Starting a Session; Pricing

Before you start a Charging Session, the Consumer Services will show you the price that applies to the session (for example, a price per kWh, per minute, a session fee, or a combination), as provided by the Station Operator. By starting a Charging Session, you agree to pay the displayed price for the energy delivered and time used, plus any other fees disclosed to you before or at the start of the session (such as idle or occupancy fees a Station Operator imposes after charging completes) and any applicable taxes (together, the “Session Fees”).

You must have a valid payment method saved to your Aalto Account to start a Charging Session. We may decline to start, or may end, a Charging Session if we cannot authorize your payment method, or if we reasonably believe the session is fraudulent, unauthorized, or presents a safety or security risk.

3. Payment Authorizations and Charges

• Authorization hold. When you start a Charging Session (or add a payment method), we may request a payment authorization (a temporary hold) on your saved payment method (Apple Pay, Google Pay, or your credit or debit card) for an estimated maximum amount of the session. The authorization amount will be disclosed in the app and is not a charge; it temporarily reduces your available balance or credit until it is released.
• Final charge. After your Charging Session completes, we will charge (or debit) your payment method for the actual Session Fees, based on the metered energy delivered and time used and the prices displayed when you started the session. Where we placed an authorization hold, the final charge will be applied against it and any unused portion of the hold released; the timing of the release is controlled by your bank or card issuer and may take several days.
• Receipts. We will send a receipt for each Charging Session to the email address or phone number associated with your Aalto Account (depending on how you signed up) and make it available in the app, where you can also export a PDF invoice for any session from the charging session screen. For sessions on third-party (roaming) networks, we may first provide a preliminary receipt reflecting estimated Session Fees; final Session Fees are billed promptly after the network reports the session data, which may take up to two business days after your session.
• Failed payments. If your payment method cannot be charged for completed Session Fees, you remain responsible for the amount owed, and you authorize us to retry the charge and to charge any other payment method saved to your Aalto Account. We may suspend your ability to start new Charging Sessions until outstanding amounts are paid.
• Statement descriptor. Charges will appear on your card or payment method statement as “AALTO ENERGY” or similar.

4. Roaming Sessions

Some stations available through the Consumer Services are operated by third-party charging networks connected to Aalto through roaming. For these sessions, Aalto bills you and handles your payment, receipts, and refund requests under these Terms, but the charging hardware and the energy are provided by the third-party network. We are not responsible for the operation, uptime, or condition of charging equipment we do not operate. Session data for roaming sessions (such as energy delivered) is reported to us by the third-party network, and final charges may post after a delay while the network reports the completed session.

5. Refunds and Billing Disputes

Because Aalto handles your payment, you deal with us directly for billing issues. If a Charging Session fails to start, ends prematurely through no fault of yours, delivers materially less energy than you were charged for, or you believe you were charged incorrectly, contact us at support@aalto.energy (or use the in-app support option) and we will investigate. Where we determine an error occurred, we will correct the charge or issue a refund to your payment method. We may request additional information from you about the session, and if you do not provide it within the time reasonably requested, your refund may be denied. Unless required by law, we do not provide refunds because you changed your mind about a session or for issues unrelated to the charging service (for example, parking citations).

If you do not recognize a charge from us on your payment method statement, please contact us before filing a dispute with your bank or card issuer; we can usually resolve the issue faster.

6. Your Responsibilities at the Station

You agree that you will:

• follow all instructions, warnings, and rules posted at the charging station and in the equipment manufacturer’s and your vehicle manufacturer’s documentation;
• only use charging equipment that is compatible with your vehicle, and use it only for charging your vehicle;
• only charge standard, unmodified, factory-manufactured electric vehicles; charging home-built or kit vehicles, vehicles with home-built or modified onboard chargers, or vehicles with other personally modified charging equipment is prohibited;
• not use equipment that appears damaged, and report damaged or malfunctioning equipment to us or the Station Operator;
• only view or interact with the Consumer Services while your vehicle is parked, and never while driving;
• comply with posted parking rules and time limits at the charging site, and promptly move your vehicle when your session completes (idle or occupancy fees may apply as disclosed); and
• not tamper with, damage, or attempt to circumvent payment for any charging equipment.

Charging involves high-voltage electrical equipment. To the maximum extent permitted by law and subject to Section 10 (Disclaimer of Warranties) of the general Terms, you use charging stations at your own risk, and the Station Operator, not Aalto, is responsible for the safety and condition of the station and the site.

The Consumer Services help you find, start, and pay for charging; they are not a substitute for safe and attentive driving. Do not view or interact with the Consumer Services while driving. You are solely responsible for operating your vehicle safely and for complying with laws governing mobile device use while driving.