Terms of Service

1. Introduction

Welcome to OmniPotential Energy Partners (“OmniPotential”, “we”, “us”, “our”)! Our mission is to provide ubiquitous shared, curbside, residential EV charging regardless of whether our customers (“consumers”,”you”, “your”) have a garage or driveway.

These Terms of Service (“Terms”, “Terms of Service”) govern your use and access to our websites located at www.omnipotential.com and www.curbstar.com, and any related sites operated by OmniPotential. Our Privacy Policy governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our websites. Please read it here https://omnipotential.com/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). By using our Services, you are agreeing to be bound by these Agreements. These Agreements apply to all visitors, users and others who wish to access or use our Services. If you do not agree with (or cannot comply with) the Agreements, then you may not use our Services. Please contact us by emailing [email protected] with questions or problems with these Agreements..

3. Disclaimer

OmniPotential may provide a product and or service that you use at your discretion. We do not offer any opinions, legal or otherwise, regarding the information you provide. Use of our product(s), services or website does not constitute an attorney-client relationship or legal advice.

4. Your Responsibilities

Your use of our Services must comply with all applicable laws, including intellectual property laws, publicity laws, contract laws, export control laws and regulations. Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so. OmniPotential may review your conduct and content for compliance with these Terms. We are not responsible for the content people upload and share via our Services. You must be at least 18 years of age to use our Services.

5. Account Registration

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, mobile devices and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion

6. Authorized Users

In connection with use of your Account, you may authorize others (“Authorized User(s)”) to use the Services on your behalf. Each Authorized User will create and make use of a username and password. You are responsible for keeping the username and password confidential and ensure that they are not disclosed to any third party. You are responsible for any act or omission of your Authorized Users. OmniPotential is not responsible for activities that occur under your Account using your username and password, including any loss or deletion of your Content. You acknowledge that your Authorized Users have full access and management privileges of your Account(s), any personal data associated with your Account, and your Content. OmniPotential reserves the right to terminate or suspend your Account, or the access of any Authorized User, for any reason, including if any registration information is inaccurate, untrue or incomplete, or if any Authorized User fails to maintain the security of any access credentials.

7. Communications

By creating an Account to use our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected]/unsubscribe.

8. Subscriptions

Our Services are billed electronically on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are on a monthly basis. There may also be additional charges or fees, including set up and maintenance fees, custom services, storage, and usage-based fees. At the end of each Billing Cycle, your Subscription will automatically renew under the conditions of the previous period unless the account becomes cancelled or the terms become changed. You may cancel your Subscription renewal either through your online account management page or by contacting OmniPotential Inc. customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide OmniPotential Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize OmniPotential Inc. to electronically bill you for all fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, OmniPotential Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

10. Free Trial

OmniPotential Inc. may, at its sole discretion, offer Subscription with a free trial for a limited period of time or limited amount of system activity (“Free Trial”). You may be required to enter your billing information in order to sign up for Free Trial. If you enter your billing information when signing up for Free Trial, you will not be charged by OmniPotential Inc. until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, OmniPotential Inc. reserves the right to

(i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer. After the trial expires, if you do not select a paid plan, access to files and information stored in our system may be terminated.

11. Fee Changes

OmniPotential Inc., in its sole discretion and at any time, may modify Subscription fees and usage allowances for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. OmniPotential Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

12. Refunds

You may cancel your Subscription at any time. Refunds are only issued if your vehicle is found to be incompatible with the service.

13. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply

14. Prohibited Uses

You agree to not misuse our Service or help anyone else do so. You may use our Services only for lawful purposes and in accordance with these Terms. For example, the following uses are strictly prohibited:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. OmniPotential Inc., in its sole discretion and at any time, may modify Subscription fees and usage allowances for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability. Additionally, you agree not to:

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material associated with Service.

(c) Use any manual process to monitor or copy any of the material on our Services or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the hardware or infrastructure on which Service is stored, or any server, computer, or database connected to Service.

(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Company rating.

(i) Probe, scan, or test the vulnerability of our system or network

(j) Breach or otherwise circumvent any security or authentication measures.

(k) Otherwise attempt to interfere with or reverse engineering the proper working of Service.

15. Liability Waiver

OmniPotential does not claim or assume responsibility for the use of its products or services. Our products and services should only be used by consumers with compatible, well maintained private vehicles in order to ensure the health, wellbeing and safety of our our customers and their property. Use of our products and services is at the consumers consent and risk. It is the consumers responsibility to ensure that their vehicle is kept well maintained and safe to use with our products and services. You agree to waive the right to seek legal action against OmniPotential for correct and proper usage of our products or services and or in conjunction with your property or the results thereof.

16. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service. When you use our Services you understand and agree that OmniPotential may at times review interactions between you and these third-party Service Providers for the purpose of improving our products and services. We cannot guarantee the treatment or security of information on third-party platforms platforms. A non-exhaustive list of some of our third-party Service Provides is as follows: Google Analytics, Firebase, Apple App Store, AWS IOT Core, Chatwoot, Rowy, Mosquito Broker DL. These vendors provide their own terms of use and data privacy polities which our consumers should familiarize themselves with.

17. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

18. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of OmniPotential and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OmniPotential.

19. Intellectual Property Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the intellectual rights (“Infringement”) of any person or entity. If you are a intellectual property owner, or authorized on behalf of one, and you believe that the work has been copied in a way that constitutes infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

20. DMCA Notice and Procedure for Copyright Infringement Claims

OmniPotential respects the intellectual property of our users and expects you to do the same. In accordance with with Digital Millennium Copyright Act of 1998, available at http://www.copyright.gov/legislation/dmca.pdf, OmniPotential will respond expeditiously to claims of copyright infringement committed using OmniPotential Services if such claims are reported to OmniPotential’s Designated Copyright Agent. If you are a copyright owner, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our Copyright Agent via email at [email protected].

21. Error Reporting and Feedback

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

22. Links To Other Websites

Our Services may contain links to third party web sites or services that are not owned or controlled by OmniPotential. OmniPotential has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. YOU ACKNOWLEDGE AND AGREE THAT OmniPotential. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

23. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY OmniPotential. ON AN “AS IS” AND “AS AVAILABLE” BASIS. OmniPotential MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER OmniPotential NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

24. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

25. Termination

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using our Services.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Termination of an account may result in losing access to files and information stored on our system.

26. User Data

OmniPotential will maintain certain data that you transmit to our websites for the purpose of managing the performance of our Services, as well as data relating to your use of the websites. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Services. OmniPotential has no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

27. Force Majeure and Discontinuation of Services

We might decide to discontinue our Services in response to unforeseen circumstances beyond OmniPotential’s control. Any disruption or discontinuation of Services will not be considered a breach of this Agreement if such disruption or discontinuation is caused by natural disasters, epidemics, pandemics and quarantines, war, terrorist attacks and other instances of violence, cyber attacks such as DoS, DDoS, MitM, SQL injection, phishing attacks, or any other malicious introduction of viruses and disabling devices caused by third parties, actions taken by government authorities such as changes in laws, regulations, or orders, strikes and work slow-downs, shortages of power, supplies, infrastructure or transportation, and any acts beyond OmniPotential’s reasonable control.

28. Dispute Resolution

Why using our Service you agree to attempt to resolve any legal dispute informally with OmniPotential before commencing a formal legal claim against OmniPotential. You may reach us at [email protected]. We will try to resolve the dispute informally by contacting you via email.

29. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions. However, some countries have laws that require agreements to be governed by local laws of the user domicile. This paragraph does not override those laws.

30. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

31. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

32. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

33. Acknowledgement

BY USING PRODUCT OR SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

34. Contact Us

Please send your feedback, comments, requests for technical support: By email: [email protected].