Bluedot Terms of Service
Last Updated: October 25, 2024
Terms of Service
Welcome to Bluedot, the online and mobile services operated by Bluedot Technologies, Inc., a Delaware corporation (referred to as "Bluedot," "we," or "us"). These Terms of Service ("Agreement") govern your access to and use of our website, mobile application, and software, provided in connection with our electric vehicle (EV) charging solutions (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and Bluedot's Privacy Policy, whether or not you have registered an account with us. This Agreement applies to all visitors, users, and anyone accessing or interacting with the Service ("User" or "you").
If you and Bluedot have entered into a separate, signed agreement for your access and use of the Service, that agreement will govern in cases where it conflicts with this Agreement.
PLEASE NOTE: THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION REQUIRING YOU TO RESOLVE DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT, AND LIMITS YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
1. Using the Service
a. Access to Bluedot Services
Bluedot provides EV charging solutions that allow users to locate charging stations, initiate charging sessions, and process payments. We grant you a personal, non-exclusive, revocable license to use the Service in accordance with this Agreement. We reserve all rights in the Service not expressly granted herein, and we may revoke this license at our discretion.
b. Additional Terms
Some features of the Service may be subject to additional terms, such as promotional or activity-specific conditions. If these terms conflict with the general terms, the additional terms will govern that specific feature or activity.
c. Account Creation
Creating an account may require providing contact details and setting up secure login credentials. You must ensure that your information is accurate and that you keep your credentials confidential. You are responsible for any activity on your account and should notify Bluedot immediately if you suspect unauthorized access.
d. Service Conduct
Prohibited activities include but are not limited to: (i) duplicating or distributing any part of the Service; (ii) using automated methods to interact with the Service; (iii) interfering with the Service’s security; and (iv) modifying or reverse-engineering the Service software. We reserve the right to restrict, suspend, or terminate your access if we determine that any prohibited activities have occurred.
e. Beta Features
Bluedot may offer certain features as “Beta Features” for testing purposes. These features may change or be removed without notice and are provided "AS IS," with no guarantees of future availability or support.
f. Termination of Access
To modify or delete your account contact us at help@thebluedot.co. Upon account termination, you will lose access to data associated with that account, and outstanding fees will remain due.
To close an account, users may contact help@thebluedot.co and specify the reason for the closure. Refunds will be processed according to the origin of funds in the account. Balances added via Bluedot Card will be non-refundable and can only be transferred to an Amazon gift card or via ACH to a bank account, depending on the user’s preference. Any balance added from a bank card will be refunded to the source bank account within 1-3 business days following the request. Please note that Free Charging Day bonuses or subsequent promotional bonuses are non-refundable.
2. Mobile Application
Bluedot’s mobile software ("Mobile App") requires a compatible device. We provide you a non-transferable, limited license to use the Mobile App solely for your personal use. Upgrades to the Mobile App may occur automatically, and you agree to such updates as part of the terms of this Agreement.
3. Intellectual Property Rights
All materials included in the Service, including but not limited to software, text, images, logos, and videos, are the property of Bluedot and its licensors. Except as expressly permitted by this Agreement, no rights are granted to you to use or replicate any of Bluedot’s proprietary materials.
By posting content through the Service, you grant Bluedot a worldwide, royalty-free, transferable license to use and display this content in connection with the Service.
4. Paid Services and Fees
a. Fees
Service fees, including but not limited to charging and station-related fees, may vary and are the sole responsibility of the user. Bluedot reserves the right to authorize a pre-charge on the user’s designated payment method and to send receipts to the user’s registered email upon transaction completion.
b. Pricing and Plans
Bluedot reserves the right to adjust charging rates at its discretion. Prepaid or subscription plans may be subject to automatic renewal unless the user cancels the plan prior to the billing date. By agreeing to these Terms, the user authorizes Bluedot to utilize the payment method on file for all applicable plan renewals.
c. Flat Rate Definition
The flat rate offered by Bluedot is a fixed-price structure that allows users to pay a consistent price per kilowatt-hour (kWh) at DC charging stations and per minute at AC charging stations for sessions initiated through Bluedot, regardless of station location. Current charging prices are displayed within the charger details in the Bluedot app before the session begins.
Please Note: The flat rate does not include parking or idle fees, which may be charged additionally.
d. Details on Fees
If a user encounters a higher-than-expected charging fee, the following factors may contribute to the total cost of the session:
Tax on Charging Transactions
Taxes are applied to the base flat rate fee of a charging session, which may vary based on location and local regulations. Users should consider that taxes will be added to the calculated cost of each charging session.Idle and Parking Fees
Idle Fee: Charged if a vehicle remains plugged in at a charging station after the charging session is complete and is no longer actively charging.
Parking Fee: Charged if a vehicle remains at a charging station beyond the permitted time, whether or not it is connected to the charging equipment.
Negative Balance Top-Up
If a user's Bluedot account balance falls into a negative status following a charging session, Bluedot will automatically apply a top-up to the user’s account from the registered bank card until the balance reaches $10.
Avoiding Additional Fees
Users may avoid additional charges by:
Monitoring their charging sessions through the Bluedot app and removing their vehicle once charging is complete.
Being aware that local taxes will be applied to the total transaction cost.
By acknowledging these potential additional fees, users can anticipate and manage the total costs associated with their charging sessions effectively.
5. Privacy and Security
By using Bluedot’s Service, you agree to our collection, use, and processing of your information as described in our Privacy Policy.
Bluedot takes security seriously but cannot guarantee the absolute security of your data.
6. Third-Party Sites and Charging Stations
Charging stations accessed through the Service are typically operated by third parties. Bluedot does not control these stations and is not responsible for their functionality. You agree to follow all station rules and guidelines and acknowledge the risks associated with using third-party facilities.
7. Indemnification
You agree to defend and hold harmless Bluedot, its affiliates, employees, and agents from any claims or damages arising from your use of the Service, violation of this Agreement, or infringement of any rights of third parties.
8. Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED "AS IS." TO THE EXTENT PERMITTED BY LAW, BLUEDOT DISCLAIMS ALL WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL BLUEDOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE.
9. Governing Law and Arbitration
This Agreement is governed by the laws of the State of California. Disputes arising from this Agreement will be resolved through arbitration in San Francisco, California, under the JAMS Rules, with each party covering its own costs.
10. General Provisions
Bluedot may amend these terms periodically. Continued use of the Service following an update constitutes acceptance of the new terms.