1. Acceptance of Terms
These Terms of Use (“Terms”) govern your use of the DynaChrg
Pay-As-You-Go (“PAYG”) services, including our mobile application, SMS messaging, toll-free payment options, and related features (the “Service”).
By using the Service, you agree to be bound by these Terms and our
Privacy Policy. If you do not agree, you may not use the Service.
2. Eligibility
The Service is intended for licensed drivers who are at least 18 years of age and legally authorized to enter into binding contracts. By using the Service, you represent and warrant that you meet these requirements.
3. Account Registration (Future Features)
Currently, PAYG transactions do not require ongoing user accounts or profiles. You simply pay for a charging session and receive a receipt. If account registration becomes available in the future, you may be asked to provide additional information, and separate terms may apply.
4. Payments & Pre-Authorization
A pre-authorization hold (typically up to $50.00, or another disclosed amount) may be placed on your payment method to confirm funds availability. Once the charging session is completed and the final transaction is processed, DynaChrg immediately releases the hold. In most cases, funds are available within 24 hours, but depending on your card issuer or financial institution, it may take up to 3 business days for the hold to fully clear.
All payments are processed by third-party providers. DynaChrg does not store credit card numbers.
You are responsible for ensuring your payment method is valid and has sufficient funds.
Email receipts are automatically issued and cannot be opted out of.
5. SMS Messaging
By opting in to
SMS updates during a charging session, you consent to receive text messages related only to that session.
Scope of SMS: Messages may include session start/stop confirmations, status updates, and receipts.
Frequency: Session-based; messages end once the charging session concludes.
Opt-Out: You may decline SMS at the start of a session or opt out at any time by replying STOP.
Carrier Disclaimer: Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
Marketing: SMS consent is never used for marketing purposes.
6. Use of the Service
By opting in to SMS updates during a charging session, you consent to receive text messages related only to that session.
Tamper with or misuse charging stations, equipment, or the Service.
Attempt unauthorized access to the Service, related systems, or user data.
Interfere with the functionality, security, or integrity of the Service.
Use false information or payment credentials.
Engage in unlawful, fraudulent, or abusive activity.
7. Service Availability
Charging station availability and uptime may vary by location and are not guaranteed. Access to the Service may be suspended or interrupted for maintenance, upgrades, or technical issues.
8. Disclaimers
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, DynaChrg disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components.
9. Limitation of Liability
To the maximum extent permitted by law:
DynaChrg shall not be liable for any indirect, incidental, consequential, punitive, or special damages (including lost profits, lost data, or loss of use) arising from your use of the Service.
Our total cumulative liability for any claim shall not exceed the greater of (a) the amount you paid for the charging session at issue or (b) $100.
Some jurisdictions may not allow certain disclaimers or limits, so portions of this section may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless DynaChrg, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of your misuse of the Service or violation of these Terms.
11. Changes to Terms
We may revise these Terms from time to time to reflect changes in the law, business practices, or Service features. The “Last Updated” date will always indicate the most recent revision. If we make material changes, we will provide appropriate notice as required by law. Continued use of the Service constitutes acceptance of the updated Terms.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Mandatory Binding Arbitration
You and DynaChrg agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, rather than in court. Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Los Angeles County, California.
Waiver of Class Actions
You and DynaChrg further agree that any arbitration shall be conducted solely on an individual basis and that neither party shall have the right to arbitrate any claim as a class action, a collective action, or in a representative capacity. You and DynaChrg are each waiving the right to trial by a jury or to participate in a class action.
13. Termination
We may suspend or terminate your access to the Service immediately and without prior notice if you violate these Terms or engage in unlawful activity. Upon termination, you remain responsible for any outstanding payments.
14. Entire Agreement
These Terms, together with our
Privacy Policy, represent the entire agreement between you and DynaChrg with respect to the Service.
15. Contact Us
If you have any questions about these Terms of Use or our practices, please contact us:
DynaChrg Legal / Terms Inquiries
