ChargePilot Operator Terms of Service

Definitions

 

CMS (Charge Management System)

A platform composed of hardware and software components, working together to optimize the timing and power of EV charging operations, to the benefit of electrical, financial, or operational objectives.

 

TMH (The Mobility House LLC)

The American subsidiary of The Mobility House, the organization with which our customer is contracting to procure ChargePilot® and related services.

 

PSC (Primary Site Contact)

The individual who acts as the representative of the organization which has contracted with TMH for products and/or services related to the operation of the ChargePilot® CMS. This individual is responsible for responding to inquiries from TMH, providing required information to TMH, and notifying TMH when circumstances require a notification. TMH will treat the PSC as the default recipient of any required outreach to our customer.

 

VRI (Valid Reported Issue)

A technical issue affecting the ChargePilot® service or an eligible charging station. For a Reported Issue to be deemed valid, it must (1) relate to an issue that can be replicated, (2) regard a product or service in scope of the contract between TMH and our customer, and (3) be reported to TMH along with all necessary information.

 

TMH responsibilities

 

1. Customer Support & Accessibility

1.1. TMH commits to maintaining a variety of communication channels for use by customers, including a central phone line, email addresses intended for customer support, and a contact form on our website:

 

*The office hours are based on Pacific Time Zone and public holidays in California (USA).

1.2. TMH will respond to reported issues, and inquiries in general, within the longest of 24 hours or one business day. Subsequent follow-ups may be required to resolve an issue or completely fulfill the requirements of an inquiry.

1.3. TMH will make available the necessary resources to address customer inquiries and resolve technical issues, including those below, any of which may be involved in a progressive escalation path, if required:

 

A) Remote Monitoring detects issues, resolves them remotely when possible, reports them to our Customer Service Representatives (CSR) otherwise.

B) CSRs respond to customer calls and emails, resolving what they can, reporting complex technical troubleshooting issues to the Technical Support Representatives (TSR).

C) TSRs utilize electrical & software experience to analyze and resolve technical issues, unless the issue is caused by a software or hardware fault that requires remediation.

D) A TMH software developer (in the case of software bugs) or an electrical contractor (in the case of hardware faults) is identified to provide final resolution to the most complex issues.

 

1.4. Valid Reported Issues will be systematically tracked in a ticket management system, then autonomously and diligently advanced by TMH until an adequate resolution has been reached. Whatever the TMH team responsible for the ticket (as per 1.3b), they will collaborate with our customer’s PSC, including regular status updates and estimated timeline to resolution.

 

2. ChargePilot® Availability

2.1. In exclusive reference to the availability of the ChargePilot® cloud services, TMH guarantees an availability of no less than 99%. Currently, this is based on a 90-day calculation from a Pulsetic report.

2.2. TMH will calculate the duration of each period of non-availability, and maintain a metric to track these results. Upon request from our customer, these metrics will be provided.

2.3. Once a site is fully commissioned and ChargePilot® service is available, TMH will communicate the successful completion of implementation to our customer. This shall formally indicate the first day of the availability period measured by TMH from that day onwards.

 

3. ChargePilot® Maintenance

3.1. TMH commits to performing periodic, scheduled or unscheduled maintenance activities on both the physical (e.g. the ChargePilot® Local Controller) and software (e.g. the ChargePilot® dashboard) components that constitute the ChargePilot® service, as needed to preserve its integrity, security and effectiveness. This includes deployment periods during which repairs, upgrades or updates may be performed that temporarily impact the availability of ChargePilot® service. Any such disruption, caused by a reasonable need to perform necessary maintenance, shall not be considered downtime.

3.2. TMH commits to scheduling normal maintenance during windows communicated with reasonable advance notice. Maintenance activities will generally be communicated as a notification on the ChargePilot® software dashboard. If the maintenance activities are expected to impact ChargePilot® availability, this notification will be displayed at least 48 hours before they are carried out. This advance notice may not be possible in all circumstances; if a critical fault can be resolved by rapid intervention, the TMH team may opt to proceed with a limited notice notification. Scheduled maintenance is excluded by TMH from ChargePilot® availability calculations.

3.3. If maintenance activities impact ChargePilot® availability, TMH commits to relying on fallback values stored in the hardware on site, for load regulation purposes. Where no fallback values are available, TMH will aim to use the last power offer made by ChargePilot®.

3.4. If charging station issues require our customer to reach out directly to the relevant manufacturer for support, TMH will support this outreach in an advisory capacity, by providing data, input or attending joint calls with the manufacturer, which have been scheduled by our customer.

 

Customer responsibilities

4. Primary Site Contact

4.1. This agreement refers to our customer as the organization that contracted with TMH for ChargePilot® services. Many of our customer responsibilities outlined in this agreement fall to a particular individual identified as the Primary Site Contact. Unless otherwise specified, the PSC is the individual presumed to be responsible for any particular communication, task or other responsibility outlined in this agreement. The PSC will also be considered by TMH to be the person responsible at each site location for its charging equipment and operations. Our customer must identify a PSC.

4.2. Certain tools, such as feedback mechanisms in our ChargePilot® dashboard, or the contact form on our website, will be available to individual drivers or end users of the ChargePilot® service. That access does not confer PSC status to these individuals, and our customer understands that they may be limited in their ability to represent our customer, to make changes or file requests on their behalf.

4.3. At the conclusion of each project’s implementation phase, the PSC will provide TMH with any available installation logs, utility bills, electrical or other documentation required by the project, until which time the implementation phase of the project is not deemed complete.

4.4. Our customer will consolidate, to a reasonable extent, the questions, requests, tickets, or changes to customer information or dashboard configuration, through the PSC responsible for collaborating with TMH’s customer operations team.

4.5. Our customer will notify TMH in writing if the PSC has changed. TMH may require confirmation from an executive signatory.

5. Issue Reporting

5.1. Our customer commits to reporting to TMH any issue with the ChargePilot® dashboard, equipment or service, that TMH may not have already detected. Once an issue is reported and tracked by TMH in a ticket, the PSC is responsible for collaborating with TMH’s customer operations team in a joint effort to resolve the issue, minimize downtime and limit the necessity of on-site visits by subcontractors.

5.2. For a reported issue to be a Valid Reported Issue, it must meet three criteria:

(1) The issue must pertain to hardware or software products provided by TMH to our customer. This always includes the ChargePilot® dashboard, as well as the local controller physically installed at our customer’s sites. It may also include charging stations, if they were purchased by our customer from TMH.

(2) The issue must be repeatable. If the issue no longer presents and it is not possible for TMH or our customer to reproduce it, then it is no longer a VRI.

(3) All relevant details required for successful diagnosis & resolution of the issue must have been provided by the PSC. This always includes at least the following:

a. The location of the fault, including the exact designation according to the ChargePilot® dashboard,

b. The charging stations affected, if any, including its designation according to the ChargePilot® dashboard,

c. A description of the expected behavior of the dashboard or charging service, which is not occurring,

d. A description of the erroneous behavior that is occurring instead,

e. A description of the remediation measures which have already been attempted.

5.3. While a variety of individuals will have access to TMH’s public tools for reporting issues with charging infrastructure, only the PSC will be responsible for confirming whether issues reported are valid, for providing missing details that meet the requirements of a VRI, and for allowing TMH to close reported issues as either resolved or invalid.

5.4. Our customer understands the following fall outside the scope of a VRI:

(1) Errors with an installation performed by our customer or their subcontractors.

(2) Errors, configuration, speed or stability issues, with a local internet connection our customer requires us to use, or its related firewall.

(3) Software, equipment or services not purchased from TMH.

(4) Technical issues specific to vehicles, not the ChargePilot® service.

(5) Technical issues caused by improper use of the equipment by end users.

(6) Errors caused by changes to the installation or the ChargePilot® configuration, which were made without notification or coordination with TMH.

6. Site & Service Requirements

6.1. Our customer in general and the PSC in particular must allow TMH, its contractual partners and its subcontractors unhindered access to all locations, operating areas, components and other premises required for the successful execution of the projects jointly contracted. Failure to provide access, which results in the inability for TMH to perform needed maintenance or necessary updates, is cause for TMH to terminate this agreement as well as the ChargePilot® service itself, without compensation or advance notice.

6.2. Our customer, where possible, will select charging stations compatible with fallback value functionality, so that load regulation can proceed according to ChargePilot® parameters during a loss of ChargePilot® availability, including proactive or reactive maintenance. Customers understand that ChargePilot® load regulation will not be possible during ChargePilot® downtime if the charging stations selected are not compatible with fallback value functionality.

6.3. If the internet connection is not provided by TMH, our customer is responsible for providing a stable internet connection during operation. In addition, our customer guarantees that all required network ports are enabled and that no firewall is restricting ChargePilot^® operation. TMH accepts no liability for damage, faults or operational restrictions caused by an inadequate local internet connection, or failure of the mobile network.

6.4. Our customer must inform TMH of any foreseeable system faults (e.g. maintenance work) and to notify TMH of any changes to the site structure (e.g. changes to the electrical infrastructure, the internet connection, or the installation of new charging stations) prior to these changes taking place.

6.5. If charging stations managed by the ChargePilot® service were not purchased from TMH, our customer must install onto these charging stations the latest firmware tested and approved by TMH. Our customer understands that untested and outdated firmware may lead to operational restrictions and slower resolution time by TMH in the event of a technical issue involving these charging stations.

6.6. If charging station issues are clearly demonstrated by TMH to be caused by charger firmware or qualities inherent to the chargers themselves, our customer understands they will have to reach out to the charging station manufacturers to resolve the issue.