SplitEVSplitEV
Back to splitev.co

SplitEV, Inc.

Terms of Service and User Agreement

Version
4.0
Last updated
September 12, 2026
Effective date
30 days after notice to existing Users
Supersedes
Version 3.0 (effective March 1, 2026)

SplitEV, Inc. · 377 Valley Rd #1310, Clifton, NJ 07013 · splitev.co

HOW THIS AGREEMENT IS ORGANIZED

SplitEV serves several different kinds of Users. Rather than force every User through terms written for someone else, this Agreement is modular.

Everyone is bound by the Core Terms (Sections 1–24).

Some Users are additionally bound by one or more Addenda, which apply only if you use that part of the Platform and which you accept separately:

AddendumApplies toAccepted
A — Commercial & Multi-Unit Host TermsBusinesses, property managers, multifamily owners, hotels, faith institutions, municipalities, and any Host operating more than two Charging LocationsSeparate click-through at commercial onboarding
B — Fleet & Business Account TermsCompanies, fleets, rideshare/delivery operators, and any subscriber using the Platform for business purposes or across multiple vehiclesSeparate click-through or executed order form
C — Embedded Channel & OEM TermsUsers accessing SplitEV inside a vehicle interface or a third-party (including automaker) applicationIn-channel click-through at first use
D — API & Developer TermsAny party accessing SplitEV APIs, data feeds, or integration endpointsExecuted API agreement or click-through
E — Karma Engine Rewards Program TermsUsers participating in Karma, referrals, challenges, or promotionsIn-app enrollment
F — Grid Services & Managed Charging TermsHosts or Drivers enrolled in utility, demand-response, or managed-charging programsSeparate opt-in per program

Appendix A contains State-Specific Terms that override the Core Terms where your state’s law requires. If a State-Specific Term in Appendix A conflicts with anything else in this Agreement, Appendix A controls for residents of that state.

Order of precedence. (1) Appendix A; (2) an executed written agreement signed by an authorized SplitEV officer; (3) the applicable Addendum; (4) these Core Terms; (5) incorporated policies.

PART I — CORE TERMS

1. ACCEPTANCE, FORMATION, AND SCOPE

1.1 Binding Agreement

These Terms of Service and User Agreement (this “Agreement”) form a legally binding contract between you and SplitEV, Inc., a Delaware corporation (“SplitEV,” “we,” “us”). This Agreement governs your access to and use of the SplitEV mobile application (iOS and Android), the website at splitev.co, all SplitEV programs, APIs, embedded experiences, and related services (collectively, the “Platform”).

1.2 How You Accept

You accept this Agreement by affirmatively indicating assent — clicking “I Agree,” “Create Account,” “Subscribe,” or a substantially similar control presented together with a conspicuous link to this Agreement. Mere browsing of splitev.co does not form this Agreement. Where you subscribe to a paid plan, your acceptance of the automatic-renewal terms is obtained separately under Section 8.3.

1.3 If You Do Not Agree

If you do not agree, do not create an account and discontinue use of the Platform.

1.4 Incorporated Policies

The following are incorporated by reference and form part of this Agreement: the Privacy Policy (splitev.co/privacy), Acceptable Use Policy, Host Listing & Safety Standards, Community Guidelines, and Accessibility Statement. Where these Core Terms conflict with an incorporated policy, these Core Terms govern, except that the Privacy Policy governs all matters of personal-data collection and use.

1.5 Electronic Agreement and Records

You consent to transact electronically. Your electronic acceptance has the same legal effect as a handwritten signature under the E-SIGN Act, 15 U.S.C. § 7001 et seq., and applicable state law. You consent to receive notices, agreements, and disclosures electronically, and you may withdraw that consent by closing your account. SplitEV retains records of your consent to this Agreement and to automatic renewal in accordance with Section 8.8.

1.6 Business Users

If you accept this Agreement on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to that entity. Business Users are additionally subject to Addendum B, and certain consumer-protective provisions of these Core Terms do not apply to Business Users where so stated.

2. DEFINITIONS

3. NATURE OF THE PLATFORM — MARKETPLACE AND NON-UTILITY STATUS

This Section is central to how SplitEV is regulated. Read it carefully.

3.1 SplitEV Is a Technology Marketplace

SplitEV operates software that enables Drivers to discover, reserve, and access charging capacity that independent Hosts already own and have already installed. SplitEV provides discovery, matching, access management, session tracking, reliability scoring, payment processing, and communications. SplitEV does not own, install, operate, or maintain any Charging Location.

3.2 SplitEV Sells Mobility Access, Not Electricity

Subscription Plans are sold as access to a network of charging availability, measured in miles of driving range (SplitMiles). SplitEV does not sell, resell, meter, or deliver electricity, kilowatt-hours, or any energy commodity, and does not price its service on a per-kilowatt-hour basis. SplitEV is not, and does not hold itself out as:

3.3 Host Status

A Host makes existing, privately owned charging capacity available for scheduled third-party access and is compensated for that access. A Host does not resell electricity to SplitEV or to any Driver. Compensation to a Host is for the provision of access to the Host’s equipment and premises during a scheduled Session, not for a measured quantity of energy.

3.4 Independent Contractors

Hosts are independent persons or entities operating their own property and equipment. No Host is an employee, agent, representative, partner, or joint venturer of SplitEV. SplitEV does not direct, supervise, or control a Host’s premises, equipment, scheduling, access policies, or manner of performance beyond the minimum requirements set out in this Agreement and SplitEV’s Host Listing & Safety Standards.

3.5 No Endorsement or Verification Guarantee

SplitEV does not endorse, certify, or guarantee any Host, Driver, listing, vehicle, or Charging Location. Reliability scores, badges, verification indicators, and review features are informational conveniences based on available data. They are not guarantees of identity, qualification, safety, condition, or fitness.

3.6 Grid and Load Disclosure

Charging draws electrical load. SplitEV enables scheduled access to charging capacity that already exists; it does not eliminate or offset electrical demand. Hosts and Drivers are responsible for operating within the electrical capacity of the Charging Location and the applicable utility service.

3.7 No Resale of Electricity; No Submetering

The Access Fee payable for a Session is consideration for scheduled access to a Host’s equipment and premises. It is not consideration for a measured quantity of electricity, is not calculated on a per-kilowatt-hour or other energy-measured basis, and does not vary as a function of the rate the Host pays its serving utility. SplitEV never takes title to, possession of, or control over electricity. Electricity is delivered by the Host’s serving utility to the Host’s meter under the Host’s own retail service agreement and is consumed on the Host’s premises. Neither SplitEV nor any Host submeters, resells, redistributes, or brokers utility service.

3.8 User Covenants Supporting Non-Utility Status

Each Host covenants that it will not: (a) represent, in any listing, communication, invoice, receipt, sign, or advertisement, that it is selling electricity, energy, or kilowatt-hours to any Driver or to SplitEV; (b) meter, bill, or price access to a Charging Location on a per-kilowatt-hour or other energy-measured basis; (c) accept any payment from a Driver outside the Platform; or (d) hold itself out as a public utility, electricity supplier, energy reseller, or load-serving entity. Each Driver covenants that it will not resell, sublicense, broker, or re-provision access obtained through the Platform.

A breach of this Section is a material breach, is grounds for immediate delisting or suspension under Section 21, and is indemnifiable conduct under Section 14.1.

3.9 Regulatory Determination; Suspension and Modification

Regulatory treatment of peer-to-peer charging is evolving and differs by state. If any public utility commission, attorney general, legislature, court, municipality, or other governmental authority asserts, determines, orders, or formally proposes that the Platform, a Host’s participation, or any Platform feature constitutes regulated utility service, resale or redistribution of utility service, submetering, or an activity requiring a license, certificate, tariff, registration, or approval in a jurisdiction, SplitEV may — immediately, and without prior notice where notice is impracticable — suspend, restrict, geofence, reprice, condition, or modify any Platform feature in that jurisdiction, or withdraw from that jurisdiction entirely. SplitEV will give as much advance notice as is reasonably practicable.

Action taken under this Section is not a breach of this Agreement by SplitEV. SplitEV is not liable to any User for lost earnings, lost bookings, lost business opportunity, stranded investment in equipment, or any other loss arising from it. Unused purchased SplitMiles remain governed by Section 7.4, and a Subscriber whose plan value is materially reduced by such action retains the remedy in Section 8.6.

3.10 No Legal Advice; Your Own Determination

SplitEV does not advise you whether your participation is lawful where you are located, and nothing in this Agreement is a representation that it is. Hosts are solely responsible for determining whether compensated third-party charging access is permitted under applicable utility, submetering, resale, franchise, zoning, permitting, landlord, association, licensing, and tax law, and for obtaining every authorization required. SplitEV’s enablement of a feature in your jurisdiction is an operational decision, not a legal opinion, and creates no duty to you and no guarantee under Sections 3.5 or 4.6.

3.11 Effect of an Adverse Regulatory Determination

A determination by any authority that SplitEV, a Host, or the Platform is subject to utility regulation is limited to the jurisdiction that issued it and to the period it is in effect. It does not alter the characterization of the relationship among SplitEV, Hosts, and Drivers in any other jurisdiction; does not retroactively convert any prior Session into a sale of electricity; and does not create any right of refund, reimbursement, restitution, or damages against SplitEV. The parties’ intent is that the access-based characterization in Sections 3.2, 3.3, and 3.7 be given effect to the fullest extent permitted in every jurisdiction, and that any provision held invalid in one jurisdiction be reformed to the minimum extent necessary there and left undisturbed everywhere else.

4. ELIGIBILITY AND ACCOUNT REGISTRATION

4.1 General Eligibility

To use the Platform you must: be at least 18 years of age or the age of majority in your state, whichever is greater; have legal capacity to contract; not be barred under U.S. law or any applicable sanctions program; not have had a prior SplitEV account terminated for cause; provide accurate and current information; and reside in the United States or its territories, in a jurisdiction in which SplitEV has enabled the applicable Platform features (see Appendix A, Part 3).

4.2 Driver Eligibility

Drivers must additionally: own or legally operate a registered electric or plug-in hybrid vehicle; hold a valid U.S. driver’s license; maintain personal auto insurance meeting or exceeding the minimum liability requirements of each state in which the vehicle is operated; maintain a valid U.S. payment method; and accurately register the vehicle’s make, model, year, and VIN and update that information promptly if it changes.

4.3 Residential Host Eligibility

Residential Hosts must additionally:

  1. Own, lease, or hold documented written authorization to make the listed Charging Location available for compensated third-party access, including written consent from any landlord, property manager, condominium association, HOA, co-op board, or cooperative where required. State “right to charge” statutes may protect your right to install charging equipment; they do not by themselves authorize compensated third-party access. Authorization for third-party access is your responsibility.
  2. Ensure all listed EVSE is listed/certified equipment installed in compliance with NFPA 70 (National Electrical Code) Article 625, all applicable state and local electrical codes, and all required permits, and — for hardwired or permanently installed equipment — installed by a licensed electrician.
  3. Maintain homeowners or renters insurance covering the premises, and disclose to that insurer that the property is used for compensated peer-to-peer EV charging.
  4. Maintain accurate listing information, including verified location, access instructions, equipment type, power capacity, connector type, and availability schedule.
  5. Comply with all applicable federal, state, and local law, including electrical, permitting, zoning, tax, and anti-discrimination requirements.
  6. Not be subject to any outstanding judgment, regulatory order, or proceeding that would impair performance of Host obligations.

4.4 Commercial Host Eligibility

Commercial Hosts must satisfy Section 4.3 and the additional requirements of Addendum A, including entity verification, authorized-signatory confirmation, commercial general liability insurance, and ADA-accessible access where applicable.

4.5 Representations on Registration

By creating an account you represent that all registration information is accurate, current, and complete; that you have not misrepresented your identity, qualifications, insurance status, vehicle, or property authorization; that you are not registering on another person’s behalf without their written consent; and that you will keep your information current.

4.6 Verification

SplitEV may verify identity, vehicle registration, insurance, property authorization, and electrical compliance, directly or through Third-Party Services, and may condition or suspend access pending verification. Verification is a risk-management measure for SplitEV’s benefit and creates no duty to any User and no guarantee under Section 3.5.

4.7 Account Security

You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account. Notify SplitEV immediately at legal@splitev.co of any suspected unauthorized access. SplitEV is not liable for losses arising from unauthorized account access except to the extent caused by SplitEV’s own failure to maintain reasonable security.

4.8 One Account

Each person may maintain one active account. Business Users may maintain administrator-managed sub-accounts under Addendum B. Creating multiple accounts to circumvent suspension, restriction, or eligibility requirements is a material breach.

5. DRIVER OBLIGATIONS

As a Driver you agree to:

6. HOST OBLIGATIONS

6.1 Ongoing Host Obligations

As a Host you agree to:

6.2 Host Prohibitions

Hosts must not:

6.3 Availability Commitment

Availability accuracy is the core of the network. Hosts who repeatedly fail to honor posted availability, or whose listings generate repeated failed Sessions, may have reliability scores adjusted, listings deprioritized, incentive eligibility reduced, or listings suspended. SplitEV will provide notice and a reasonable opportunity to cure before suspension for availability performance alone, except where safety is implicated.

7. SPLITMILES — NATURE, USE, AND DURABILITY

7.1 What SplitMiles Are

SplitMiles are the unit in which SplitEV measures mobility access delivered under a Subscription Plan. SplitMiles are denominated in miles of driving range.

SplitMiles are not electricity, kilowatt-hours, any energy commodity, currency, a general-use prepaid card, a gift certificate, a gift card, a stored-value instrument, a security, or a deposit. SplitMiles have no cash value, cannot be redeemed for cash, and are not transferable except as expressly permitted under Addendum B.

7.2 How SplitMiles Are Consumed

SplitMiles are debited per Session according to SplitEV’s mileage methodology, which accounts for the energy delivered during the Session and a standardized efficiency factor. Actual distance your vehicle travels depends on your vehicle’s efficiency, driving conditions, climate, terrain, battery state, and other factors outside SplitEV’s control. SplitEV does not guarantee any specific driving range, charging speed, or energy quantity. The current mileage methodology summary is published at splitev.co/splitmiles.

7.3 Durability — No Forfeiture While Active

SplitMiles allotted under a paid Subscription Plan do not expire while your subscription remains active. Unused SplitMiles roll over month to month, subject to a published rollover cap (currently [CONFIRM: rollover cap] × your monthly allotment), applied first-in, first-out.

7.4 After Cancellation

If your subscription ends, unused purchased SplitMiles remain available for redemption for [CONFIRM: 12 months] after the end of your final paid billing period, during which you may redeem them at Charging Locations without a new subscription. SplitEV will notify you at least 30 days before the end of that redemption window.

7.5 Karma Miles Are Separate

SplitMiles earned through Karma, referrals, promotions, or challenges (“Karma Miles”) are promotional in nature, are issued without purchase or exchange of value, and are governed by Addendum E. Karma Miles may expire on the terms disclosed at issuance. Purchased SplitMiles are redeemed after Karma Miles unless you elect otherwise.

7.6 Overage

Usage beyond your allotment and rollover balance is billed at the then-current overage rate displayed on the Platform before the Session is confirmed. No overage is charged without in-flow disclosure of the applicable rate.

8. SUBSCRIPTION PLANS, AUTOMATIC RENEWAL, AND PAYMENT

This Section is drafted to the strictest applicable state standard — including California Bus. & Prof. Code §§ 17600 et seq. as amended by AB 2863 — and applied nationally.

8.1 Plans

Current Subscription Plans, prices, SplitMiles allotments, rollover caps, and overage rates are displayed on the Platform and at splitev.co/pricing. Plan terms may change only as provided in Sections 8.6 and 23.

8.2 Pre-Purchase Disclosure

Before you are charged, SplitEV will present, clearly and conspicuously and in visual proximity to the acceptance control: (a) that the subscription continues until cancelled; (b) the recurring charge amount and billing frequency; (c) the length of the billing period; (d) the deadline, if any, to cancel before the next charge; (e) how to cancel; and (f) any introductory or promotional price and the price that follows it.

8.3 Separate Affirmative Consent

Your consent to automatic renewal is obtained separately from your acceptance of this Agreement. SplitEV will not use a pre-checked box, will not bundle automatic-renewal consent into general terms acceptance, and will not treat continued browsing as consent.

8.4 Acknowledgment and Confirmation

After purchase, SplitEV sends you a confirmation, in a form you can retain, containing the automatic-renewal terms, the cancellation policy, and instructions to cancel.

8.5 Renewal Reminders

SplitEV will send you a reminder of your automatic renewal terms and how to cancel: (a) at least once every 12 months for any continuous subscription; (b) 3–21 days before any conversion from a free or discounted introductory period to a full-price charge; and (c) 3–21 days before any price increase takes effect.

8.6 Material Changes

SplitEV will provide clear and conspicuous notice at least 30 days before any material change to price, SplitMiles allotment, rollover cap, or overage rate takes effect, together with instructions to cancel. If the change materially reduces the value of your plan, it does not apply to your current billing period, and if you cancel within 30 days of the notice you may request a pro-rated refund of the unused portion of that period.

8.7 Cancellation — Same Medium, Immediate

You may cancel at any time, effective at the end of the then-current billing period, through a single, clearly labeled control in the SplitEV app or at splitev.co/cancel. Cancellation is available in the same medium in which you subscribed. SplitEV will not require a phone call, a chat session, a retention conversation, or any step not required to subscribe. SplitEV may present a single retention offer, which you may decline with one action. Cancellation takes effect immediately upon your request; no advance-notice period applies.

8.8 Records

SplitEV retains records of your automatic-renewal consent and cancellation request for at least three years, or one year after termination, whichever is longer.

8.9 Refunds

Subscription fees are generally non-refundable, except that SplitEV will refund or credit: (a) amounts charged after a valid cancellation; (b) duplicate or erroneous charges; (c) the pro-rated unused portion where Section 8.6 applies; (d) amounts required to be refunded under Appendix A; and (e) amounts SplitEV elects to refund in its discretion. Nothing in this Section waives any non-waivable refund right under the law of your state.

8.10 Payment Authorization

You authorize SplitEV and its payment processors to charge your payment method for subscription fees, overage, taxes, and other amounts due; to store your payment credentials for recurring charges; and to update stored credentials through card-network account-updater programs. SplitEV uses third-party payment processors and is not responsible for their errors or outages beyond SplitEV’s reasonable control.

8.11 Failed Payments

If a payment fails, SplitEV will retry up to two times within seven days and notify you. After two failed attempts, access may be suspended until the balance is resolved. Chronic non-payment may result in termination. Past-due balances may be referred to collections to the extent permitted by law, and you may be responsible for reasonable collection costs only where and to the extent permitted by applicable law.

8.12 Taxes

Prices are exclusive of applicable taxes. SplitEV collects and remits state and local taxes, including EV-charging excise taxes and marketplace-facilitator obligations, where required by law, and will display applicable tax at checkout. Certain states impose a per-kilowatt-hour or percentage EV-charging tax that applies to subscription-based charging access; see Appendix A, Part 2. You remain responsible for any tax not collected by SplitEV.

8.13 Dynamic Pricing Disclosure

SplitEV uses HALO to set and adjust certain prices, incentives, and availability, including in response to demand, location, time of day, and network conditions. SplitEV does not set prices based on an individual User’s personal characteristics, personal financial data, or inferred willingness to pay. Any price applicable to you is displayed before you confirm a Session or a charge.

9. HOST COMPENSATION

9.1 Compensation Framework — Disclosed

Hosts earn the Session Revenue generated by completed Sessions at their Charging Locations, less SplitEV’s platform fee.

SplitEV’s platform fee is a percentage of Session Revenue within a disclosed range of 15%–20%, currently blended at approximately 17.5%. The fee applicable to your listings is displayed in your Host dashboard before you list and on every payout statement. Session Revenue reflects the SplitMiles delivered during the Session, the applicable location rate, and any incentive multiplier in effect.

9.2 What Remains Proprietary

The specific models, weightings, inputs, and algorithms by which HALO computes location rates, demand multipliers, reliability adjustments, and incentive tiers are confidential trade secrets of SplitEV. Disclosure of the fee framework under Section 9.1 does not waive trade-secret protection in the underlying methodology, and you agree not to reverse engineer, benchmark, or attempt to derive that methodology.

9.3 Rate Changes

SplitEV may adjust location rates, multipliers, and the platform fee within the disclosed range. SplitEV will give Hosts at least 30 days’ advance notice of (a) any increase in the platform fee, and (b) any change that reduces a Host’s effective compensation rate by more than 10%. Notice will state the change and its effective date. Rates in effect when a Session is booked apply to that Session.

9.4 No Guaranteed Earnings

SplitEV makes no representation or guarantee that you will earn any particular amount. Earnings depend on Driver demand, Session volume, location, availability, reliability, and factors outside SplitEV’s control. Earnings estimates, calculators, and examples are illustrative only and are not guarantees.

9.5 Payout Schedule

Host compensation is paid monthly by ACH or another method offered on the Platform, typically within 5–7 business days after month-end, subject to a published minimum payout threshold. Balances below the threshold roll forward.

9.6 Holds and Reversals

SplitEV may withhold, delay, or reverse a payout pending resolution of a bona fide dispute, suspected fraud, compliance review, insurance-verification failure, or regulatory inquiry. SplitEV will notify you of any hold, state the reason, and resolve the hold within 45 days unless a law-enforcement or regulatory matter requires otherwise. Amounts that SplitEV determines were properly earned will be released with the next payout cycle.

9.7 Forfeiture on Termination for Cause — Limited

If your account is terminated for cause, SplitEV may withhold payouts pending final compliance review, and may permanently retain only those amounts attributable to fraudulent, manipulated, or unauthorized Sessions, or subject to offset under Section 9.9. Amounts properly earned from legitimate Sessions will be paid.

9.8 Payout Disputes

Report any payout discrepancy in writing within 90 days of the applicable payout date to charge@splitev.co. SplitEV will investigate in good faith and respond within 30 business days. Disputes not raised within 90 days are deemed accepted. SplitEV’s determination is subject to Section 15.

9.9 Offset

SplitEV may offset against future payouts amounts you owe SplitEV arising from fraudulent or manipulated Sessions, compensation errors, chargebacks, indemnification obligations under Section 14, or regulatory fines attributable to your conduct. SplitEV will itemize any offset.

9.10 Tax Reporting

SplitEV issues IRS Form 1099-NEC or 1099-K as required by federal and state law. Federal 1099-K reporting currently applies at more than $20,000 in gross payments and more than 200 transactions; several states impose lower thresholds and SplitEV will report accordingly. All Host income is taxable whether or not a form is issued. You are solely responsible for reporting and paying income, self-employment, sales, use, and other applicable taxes, and for maintaining records. SplitEV does not provide tax advice.

10. SAFETY, ELECTRICAL COMPLIANCE, AND EV-SPECIFIC RISK

10.1 Host Safety Representations

Each Host represents and warrants that:

10.2 Level 1 Charging — Specific Warning

Level 1 (120-volt) charging from ordinary receptacles draws sustained high current for extended periods. Aged wiring, shared circuits, loose terminations, and non-dedicated receptacles present a fire risk. Hosts listing Level 1 access represent that the receptacle is on a dedicated, properly sized circuit in sound condition. Extension cords, power strips, multi-outlet adapters, and unlisted adapters are prohibited at all Charging Locations, without exception.

10.3 EV-Specific Risk Disclosure

Users acknowledge the following risks:

10.4 Incident Reporting

All Adverse Events must be reported to SplitEV within 24 hours, and immediately where there is fire, smoke, injury, medical emergency, or an active safety hazard. Failure to report timely may result in suspension and may prejudice coverage under Section 12. Call 911 first. Report to SplitEV second.

10.5 SplitEV Response

SplitEV may suspend a listing, a Driver, or a Charging Location immediately upon notice of a credible safety concern, pending investigation, without liability for lost earnings during the suspension.

11. ASSUMPTION OF RISK

BY USING THE PLATFORM YOU KNOWINGLY ASSUME THE RISKS INHERENT IN PEER-TO-PEER CHARGING.

Drivers assume risks including: using electrical equipment owned, installed, and maintained by independent third parties; accessing unfamiliar private property; equipment malfunction, electrical failure, or fire; vehicle damage or theft at a Charging Location; battery damage or thermal events; vehicle-equipment incompatibility; inaccurate or unavailable access; and the conduct of Hosts and third parties.

Hosts assume risks including: granting property access to third parties; property or equipment damage caused by Drivers or their vehicles; electrical system load, overload, or failure; premises liability; battery fire or toxic gas release on the premises; insurance coverage disputes or gaps; HOA, landlord, lender, or regulatory enforcement arising from Platform participation; and financial variability arising from demand, rate changes, or Platform modifications.

Drivers and Hosts both acknowledge the risk of catastrophic loss. A charging-related fire can spread beyond the vehicle and the equipment to a structure, to adjacent structures, and to wildland. A battery thermal event can release toxic gas, require evacuation, and resist suppression. A single incident can result in the total loss of a building, permanent injury, or death. The SplitEV Host Protection Program is not designed, funded, or intended to respond to catastrophic loss, and Section 12.7 excludes it. Your own property, liability, and auto insurance — together with any excess or umbrella coverage you elect to carry — are the coverage that responds to a Catastrophic Event. You are responsible for confirming with your insurer that your coverage responds to peer-to-peer charging use, and for deciding whether the limits you carry are adequate to the risk you are accepting. SplitEV does not advise on the adequacy of your limits.

This Section does not waive any claim you may have against SplitEV for SplitEV’s own gross negligence, willful misconduct, or fraud, or any right that cannot be waived under applicable law.

12. INSURANCE AND THE SPLITEV HOST PROTECTION PROGRAM

12.1 Driver Insurance

Drivers must maintain personal auto insurance meeting or exceeding the minimum liability requirements of each state in which the vehicle is operated. Driver auto insurance is primary for all vehicle-related incidents. Drivers are responsible for deductibles, exclusions, and coverage gaps.

12.2 Residential Host Insurance

Residential Hosts must maintain homeowners or renters insurance covering the premises and must disclose peer-to-peer charging use to their insurer. Residential Hosts are not required to carry commercial general liability insurance or to name SplitEV as an additional insured. Host property and liability insurance is primary for premises, equipment, and access-related incidents.

12.3 Commercial Host Insurance

Commercial Hosts must carry commercial general liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, naming SplitEV, Inc. as an additional insured on a primary and non-contributory basis, and must provide a current Certificate of Insurance on request. See Addendum A.

12.4 SplitEV Host Protection Program

Subject to its published terms, conditions, exclusions, and limits, SplitEV provides eligible Hosts with the SplitEV Host Protection Program, comprising:

The Host Protection Program is not an insurance policy and does not replace the Host’s own insurance. It applies excess of, and only after exhaustion of, any applicable Host or Driver insurance. Claims must be submitted within 14 days of the incident with supporting documentation. Full terms are published at splitev.co/host-protection and incorporated by reference.

12.5 SplitEV Platform Insurance

SplitEV maintains technology errors & omissions and cyber liability coverage for Platform software errors and qualifying data-security incidents. Except through the Host Protection Program, SplitEV does not insure Host premises, Host equipment, Driver vehicles, or bodily injury occurring at a Charging Location.

12.6 Order of Response

Coverage responds in this order: (1) Driver auto insurance for vehicle-related incidents; (2) Host property/liability insurance for premises, equipment, and access-related incidents; (3) any excess or umbrella coverage either party carries; (4) the SplitEV Host Protection Program, excess of all of the foregoing, subject to Sections 12.7–12.9 and excluded entirely as to a Catastrophic Event; (5) SplitEV’s own insurance, limited to covered Platform software errors and qualifying data-security incidents.

A Catastrophic Event is responded to at levels (1) through (3) only.

12.7 Catastrophic Event Exclusions

The Host Protection Program does not respond to, and expressly excludes, any claim arising from or relating to a Catastrophic Event, including: fire spreading beyond the vehicle or the EVSE; damage to or total loss of any structure; wildfire or wildland fire; explosion; release of toxic gas or smoke requiring evacuation or remediation; environmental contamination, pollution, or remediation of any kind; mold; loss of use, additional living expense, business interruption, or diminution in value; bodily injury resulting in death or permanent disability; claims brought by any person other than the Host or the Driver party to the Session; and any claim covered or coverable under any other insurance, whether or not that insurance is actually collectible. The published Program terms state the exclusions in full and control.

12.8 Sub-Limits and Program-Wide Annual Aggregate

The Program is subject to a per-occurrence limit, a per-Host annual limit, and a Program-wide annual aggregate. If valid claims in a program year exceed the annual aggregate, claims are paid pro rata and no further amount is owed. The Program is a contractual benefit funded at SplitEV’s discretion. It is not insurance, is not a guarantee of payment, is not subject to any insurance code or bad-faith standard, creates no third-party beneficiary right, and may not be assigned — including to an insurer by subrogation.

12.9 Primary Coverage Must Be Exhausted

The Program applies only after actual exhaustion of all applicable Host and Driver insurance. A Host or Driver is not eligible for the Program as to a claim where that party failed to maintain the insurance required by Sections 4, 12.1–12.3, or the applicable Addendum; failed to disclose peer-to-peer charging use to its insurer; or had a claim denied on the basis of that non-disclosure. Deductibles, self-insured retentions, coverage gaps, and denials attributable to your own act or omission remain yours.

12.10 Modification, Suspension, and Discontinuation

SplitEV may modify, suspend, or discontinue the Program on 30 days’ notice, or immediately where necessary to comply with law or to preserve Program solvency. Claims arising from Sessions completed before a discontinuation takes effect are handled under the Program terms in force at the time of the Session.

12.11 Cooperation, Evidence, and Subrogation

As a condition of any Program payment you will: report the incident within the time required by Section 10.4; submit a complete claim with supporting documentation within 14 days; preserve the equipment, the scene, and all evidence; cooperate fully with SplitEV, its adjusters, and any investigating authority; and, upon payment, assign to SplitEV your rights of recovery against any responsible third party. Where obtainable without material additional premium, Hosts will obtain from their property and liability insurers a waiver of subrogation in favor of SplitEV, Inc.

13. DISCLAIMERS AND LIMITATION OF LIABILITY

13.1 No Warranties

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” SPLITEV DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT: the Platform will be uninterrupted, timely, secure, or error-free; defects will be corrected; any listing is accurate, safe, operational, authorized, or lawful; any EVSE will deliver any particular charging speed or energy quantity; SplitMiles will enable any particular driving distance; Drivers will respect Host property or carry required insurance; Hosts will maintain equipment, premises, or authorization; Platform Data is accurate or complete; or verification and trust features will identify all risks.

13.2 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 13.4, SPLITEV WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.3 Liability Cap

SUBJECT TO SECTION 13.4, SPLITEV’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO SPLITEV IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED U.S. DOLLARS ($500). FOR HOSTS, “AMOUNTS PAID” INCLUDES PLATFORM FEES RETAINED BY SPLITEV FROM YOUR SESSION REVENUE. THIS CAP APPLIES TO CLAIMS ARISING FROM A CATASTROPHIC EVENT, AND TO CLAIMS FOR STRUCTURAL, WILDFIRE, ENVIRONMENTAL, OR TOTAL-LOSS PROPERTY DAMAGE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT IN ALL CASES TO SECTION 13.4.

13.4 Carve-Outs — What Is Never Capped or Excluded

Nothing in Sections 13.1–13.3 limits or excludes SplitEV’s liability for:

  1. death or personal injury caused by SplitEV’s negligence, gross negligence, or willful misconduct;
  2. fraud, fraudulent misrepresentation, or willful injury to the person or property of another;
  3. gross negligence or willful misconduct;
  4. violation of law by SplitEV;
  5. SplitEV’s indemnification obligations under Section 14.4;
  6. any liability that cannot be limited or excluded under applicable law.

13.5 Jurisdictional Application

Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, Sections 13.1–13.3 apply to the fullest extent permitted, and no further. See Appendix A.

14. INDEMNIFICATION

14.1 Your Indemnification of SplitEV

You will defend, indemnify, and hold harmless SplitEV, Inc. and its affiliates, officers, directors, employees, and agents (“SplitEV Parties”) from third-party claims, losses, liabilities, damages, judgments, fines, and reasonable costs and attorneys’ fees arising out of: your breach of this Agreement; your violation of law; bodily injury, death, or property damage caused by you, your vehicle, your premises, or your equipment; your misrepresentation of identity, vehicle, insurance, or property authorization; your failure to maintain required insurance; an Adverse Event at your Charging Location (Hosts) or caused by you (Drivers); a Catastrophic Event originating at your Charging Location or premises, or from your vehicle, equipment, or electrical system; any claim, proceeding, assessment, or penalty by a utility, public utility commission, or other regulator arising from your breach of Section 3.8 or from your misrepresentation of the nature of the transaction; tax or regulatory liability arising from your Platform activity; infringement by content you submit; a claim by a landlord, HOA, lender, neighbor, insurer, or regulator arising from your Platform participation; and your fraudulent, abusive, or unlawful conduct.

14.2 Limits on Your Obligation

Your indemnification obligation does not extend to any claim to the extent caused by the negligence, gross negligence, willful misconduct, or violation of law of a SplitEV Party. Where applicable law limits a consumer’s indemnification obligation, this Section applies only to the extent permitted. Your obligation is limited to third-party claims and does not create a first-party fee-shifting right against you.

14.3 Procedure

SplitEV will notify you promptly of any claim for which indemnification is sought. You may assume control of the defense with counsel reasonably acceptable to SplitEV; SplitEV may participate with its own counsel at its own expense. You may not settle any claim in a way that imposes an obligation, liability, admission, or restriction on a SplitEV Party without SplitEV’s prior written consent, not to be unreasonably withheld. Failure to notify promptly relieves you of obligation only to the extent you are materially prejudiced.

14.4 SplitEV’s Indemnification of You

SplitEV will defend and indemnify you against third-party claims alleging that the Platform, as provided by SplitEV and used in accordance with this Agreement, infringes a U.S. patent, copyright, or trademark, and against claims arising from SplitEV’s own gross negligence or willful misconduct.

14.5 Survival

Indemnification obligations survive termination.

15. DISPUTE RESOLUTION

15.1 Informal Resolution First

Before commencing arbitration, you must send a written Notice of Dispute to legal@splitev.co (or to the address in Section 24) stating your name, account email, the nature and basis of the claim, and the specific relief sought. SplitEV will send you an equivalent notice before commencing arbitration against you. The parties will negotiate in good faith for 45 days. Either party may request a single one-hour telephonic conference during that period, and the other will participate in good faith. Applicable limitations periods are tolled during the informal-resolution period.

15.2 Agreement to Arbitrate

Except as provided in Sections 15.10 and 15.11, you and SplitEV agree that any dispute, claim, or controversy between you and SplitEV — whether in contract, tort, statute, fraud, misrepresentation, negligence, or any other theory, and whether arising before or after this Agreement takes effect — will be resolved by final and binding individual arbitration, not in court. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

15.3 Scope

Arbitration covers disputes regarding interpretation, validity, scope, and enforceability of this Agreement; Platform use; Subscription Plans, billing, and cancellation; SplitMiles; Host compensation and payouts; Sessions, property damage, and Adverse Events; privacy and data claims; intellectual property claims; and consumer-protection and unfair-practice claims. Questions of arbitrability are for the arbitrator, except that a court decides (a) the enforceability of Section 15.7 (Class Waiver) and (b) the application of Section 15.4 (Mass Arbitration).

15.4 Mass Arbitration Protocol

If 25 or more substantially similar Notices of Dispute are submitted by or with the assistance of the same counsel or coordinated group within a 90-day period, the following applies:

  1. Batching. The claims will be filed and arbitrated in sequential batches of up to 100 claimants, each batch assigned to a single arbitrator, with filing fees due per batch.
  2. Global mediation. After the first batch is resolved, the parties will participate in a single mediation before a mutually selected mediator, addressing all pending and anticipated claims, before further batches are filed.
  3. No binding of non-parties. No claimant is bound by the outcome of any batch in which that claimant is not a named party. No claim is dismissed, stayed indefinitely, or resolved on the basis of another claimant’s outcome. Arbitrator determinations in one batch have no preclusive effect on any other claimant.
  4. Tolling. Limitations periods are tolled for all claimants from the date the first Notice of Dispute in the group is received until that claimant’s claim is filed.
  5. Sequencing. Batches are ordered by the date each Notice of Dispute was received. A claimant may elect at any time to opt out of arbitration entirely under Section 15.12 and proceed in court on an individual basis.
  6. Severability. If any part of this Section 15.4 is held unenforceable, that part is severed and the remainder applies. If Section 15.4(3) is severed, the entire Section 15.4 is void and claims proceed under the administrator’s ordinary rules.

15.5 Administrator and Rules

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules for claims under $250,000 and its Comprehensive Arbitration Rules for claims of $250,000 or more; where Section 15.4 applies, JAMS Mass Arbitration Procedures apply to the extent consistent with Section 15.4. If JAMS is unavailable or unwilling to administer consistent with this Section, the parties will select AAA under its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules. A single neutral arbitrator will be appointed under the administrator’s rules.

15.6 Location, Procedure, and Award

Arbitration will be held in the county of your U.S. residence, by videoconference, or on documents only, at your election. The arbitrator may award any individual relief available under applicable law, including statutory damages, injunctive relief specific to you, and attorneys’ fees where a statute provides them. The award is final and binding and may be entered in any court of competent jurisdiction. The arbitrator’s written award will state the essential findings and conclusions on which it is based.

15.7 Class and Representative Action Waiver

YOU AND SPLITEV WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE RIGHT TO A JURY TRIAL, for disputes subject to this Section. The arbitrator may not preside over any class or representative proceeding, consolidate claims except as Section 15.4 provides, or award relief to any person who is not a named party. If this Section 15.7 is held unenforceable as to a particular claim or remedy, that claim or remedy is severed and litigated in court on an individual basis, and all other claims remain in arbitration. Nothing in this Section waives any non-waivable representative right under applicable state law, including any right under the California Private Attorneys General Act to the extent it cannot be waived.

15.8 Confidentiality

The parties will keep the substance of the arbitration confidential, except that either party may disclose as necessary to enforce an award, to comply with law, to a regulator, to counsel, insurers, accountants, or auditors, or as required in a judicial proceeding. Nothing in this Agreement prevents you from reporting conduct to, cooperating with, or filing a charge or complaint with any government agency, or from disclosing facts relating to unlawful conduct, discrimination, or harassment where the law protects that disclosure.

15.9 Fees

For claims under $10,000 brought by a consumer, SplitEV pays all filing, administrative, and arbitrator fees other than an initial filing fee equal to the cost of filing in your local court. For other claims, fees are allocated per the administrator’s rules. Each party bears its own attorneys’ fees unless a statute or the arbitrator provides otherwise. The arbitrator may award fees against a party for a frivolous claim or defense.

15.10 Sexual Assault and Sexual Harassment Carve-Out

Consistent with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401–402), a claim alleging sexual assault or sexual harassment is not subject to mandatory arbitration or the class waiver, at the claimant’s election.

15.11 Other Exceptions

Not subject to arbitration: individual claims within small-claims jurisdiction; applications for emergency injunctive relief to prevent imminent irreparable harm or infringement of SplitEV IP; and any claim that applicable law prohibits from mandatory arbitration.

15.12 30-Day Opt-Out

You may opt out of Section 15 by sending written notice within 30 days of first accepting this Agreement to SplitEV, Inc., ATTN: Legal / Arbitration Opt-Out, 377 Valley Rd #1310, Clifton, NJ 07013, or legal@splitev.co, stating your full legal name, registered email, and an unambiguous statement that you opt out of arbitration. Opting out does not affect any other provision and will not be held against you. If you opt out, disputes proceed in state or federal court on an individual basis, and Section 15.7’s jury and class waivers continue to apply to the extent enforceable.

15.13 Limitations Period

Any claim must be brought within the period allowed by applicable law, except that where a longer period applies and the law of your state permits contractual shortening, the parties agree to a two-year period running from the date the claimant knew or reasonably should have known of the claim. This Section does not apply, and the full statutory period governs, in any state whose law prohibits or restricts contractual shortening of limitations periods, including California (consumer claims), Florida, Alabama, Idaho, Mississippi, and South Dakota, or where a shorter period would be unreasonable.

16. INTELLECTUAL PROPERTY

16.1 SplitEV Ownership

All right, title, and interest in the Platform and SplitEV IP — software, source code, HALO models and algorithms, pricing and compensation logic, trade secrets, databases, machine-learning models, interfaces, trademarks, trade dress, patents, copyrights, domain names, and brand assets — remain the exclusive property of SplitEV or its licensors. No ownership interest is transferred to you.

16.2 License to You

SplitEV grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform for the purposes permitted by your account type — personal use for consumer Drivers, business use for Business Users under Addendum B, and hosting operations for Hosts. The license terminates on suspension or termination.

16.3 Restrictions

You may not: copy, modify, translate, adapt, or create derivative works of the Platform; distribute, sublicense, rent, lease, or sell access to the Platform except as expressly permitted; remove or obscure proprietary notices; use the Platform or Platform Data to train, fine-tune, or evaluate any artificial-intelligence or machine-learning model; use bots, scrapers, spiders, or crawlers to access or extract data; circumvent rate limits or access controls; or reverse engineer, decompile, or disassemble the Platform, except to the extent that restriction is unenforceable under applicable law or a statutory interoperability right applies.

16.4 Confidentiality of Non-Public Information

You will not disclose non-public information about Platform functionality, pricing logic, compensation methodology, security architecture, or unreleased features, and will notify SplitEV at legal@splitev.co of any actual or threatened misappropriation of SplitEV IP.

16.5 What Section 16 Does Not Restrict

Nothing in this Agreement restricts your right to work for, invest in, advise, or found any business, including a competitor of SplitEV. Nothing restricts your right to express opinions about the Platform, publish reviews, or report conduct to a regulator or the press.

16.6 Your Content

By submitting reviews, ratings, photos, comments, or feedback, you grant SplitEV a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, and display that content for the purpose of operating, improving, and promoting the Platform, for as long as the content remains on the Platform and for a reasonable period thereafter for archival, legal, and backup purposes. You may delete your content at any time, and SplitEV will cease public display within a commercially reasonable period. You represent that you hold the rights necessary to grant this license. Feedback and suggestions may be used by SplitEV without restriction or compensation.

17. PRIVACY, DATA, AND VEHICLE TELEMATICS

17.1 Privacy Policy

Your personal data is governed by the SplitEV Privacy Policy at splitev.co/privacy, incorporated by reference.

17.2 Precise Geolocation Is Sensitive

SplitEV treats precise geolocation as sensitive personal data. SplitEV collects precise location only as necessary to operate the Platform, and only with the consent required in your jurisdiction. You may withdraw location consent at any time in device or Platform settings; some Platform functions will not operate without it.

17.3 Vehicle Telematics — Separate Consent

The Platform may connect to your vehicle through a vehicle-connectivity provider to determine state of charge, charging status, and Session completion. SplitEV requests your separate, affirmative, revocable consent before connecting to your vehicle, identifies the connectivity provider, and describes the categories of data received. You may disconnect at any time through Platform settings.

SplitEV does not sell vehicle telematics data, precise geolocation, or driving-behavior data, and does not share it with insurers, data brokers, or driving-score providers.

17.4 Platform Data

SplitEV collects and owns Platform Data generated through Platform operation, including Session records, availability, reliability metrics, and aggregate usage, and may use it to operate, secure, and improve the Platform, to price and match supply and demand, to produce aggregated and de-identified analytics, and for other lawful business purposes described in the Privacy Policy. SplitEV will not re-identify de-identified data.

17.5 Your Rights

Depending on your state, you may have rights to access, correct, delete, port, and limit use of your personal data, to opt out of targeted advertising, sale, and certain profiling, and to appeal a denied request. SplitEV honors universal opt-out mechanisms, including Global Privacy Control, where required. Submit requests at splitev.co/privacy-request or legal@splitev.co. See Appendix A, Part 4 for state-specific contacts and rights.

17.6 Biometrics

SplitEV does not collect, capture, or store biometric identifiers or biometric information. If SplitEV later introduces a feature that would do so, it will obtain the written consent and provide the retention and destruction schedule required by applicable law, including the Illinois Biometric Information Privacy Act, before that feature operates.

17.7 Security

SplitEV maintains commercially reasonable administrative, technical, and physical safeguards. No system is impenetrable. SplitEV will notify affected Users and regulators of a data breach as required by applicable law.

18. PROHIBITED CONDUCT

You will not use the Platform to: violate law or a court order; infringe intellectual property; commit fraud, identity theft, or impersonation; submit false or misleading information, listings, reviews, or reports; circumvent security, authentication, payment, or access controls; scrape or systematically extract data; train or evaluate AI or machine-learning models on Platform Data; engage in unauthorized commercial solicitation on the Platform; harass, threaten, stalk, defame, or discriminate against any User; transmit malware or disruptive code; facilitate money laundering or financial fraud; access another User’s account or data without authorization; or impose an unreasonable load on Platform infrastructure.

Violations may result in suspension or termination, civil action, injunctive relief, and referral to law enforcement where warranted.

19. FRAUD AND ABUSE

19.1 Driver Fraud

Initiating Sessions without a valid Subscription Plan; using stolen or unauthorized payment methods; misrepresenting vehicle, VIN, or insurance; manipulating the Platform to obtain SplitMiles or Karma rewards; filing knowingly false claims; or reselling charging access.

19.2 Host Fraud

Listing non-existent, unauthorized, or non-operational Charging Locations; falsifying Session or telemetry data; creating fake accounts or Sessions to inflate compensation or Karma standing; soliciting off-Platform payment; or filing false insurance claims.

19.3 Remedies

On confirmed fraud, SplitEV may terminate the account, reverse or withhold affected compensation or SplitMiles, refer the matter to law enforcement or regulators, and pursue civil remedies. SplitEV will notify you of a fraud determination and provide a reasonable opportunity to respond before permanent termination, except where notice would compromise an investigation or where immediate action is necessary to protect Users, the Platform, or third parties.

20. ACCESSIBILITY AND NON-DISCRIMINATION

20.1 Accessibility

SplitEV is committed to conforming the SplitEV app and splitev.co to WCAG 2.1 Level AA. If you encounter a barrier, contact support@splitev.co; SplitEV will respond within 10 business days and work in good faith to provide the information or transaction through an accessible alternative. SplitEV’s Accessibility Statement is published at splitev.co/accessibility.

20.2 Non-Discrimination

SplitEV prohibits discrimination by Hosts and Drivers on the basis of race, color, religion, sex, gender, gender identity or expression, sexual orientation, national origin, ancestry, disability, age, familial status, marital status, source of income, veteran status, or any other protected characteristic. Hosts may not decline, cancel, restrict, or degrade access on a prohibited basis. Reports may be submitted to legal@splitev.co and will be investigated. Violations may result in permanent removal.

20.3 Reasonable Accommodation

Hosts will make reasonable efforts to accommodate a Driver’s disability-related access needs, including the presence of a service animal and assistance with access instructions, consistent with applicable law and the Host’s Listing Standards obligations.

21. SUSPENSION AND TERMINATION

21.1 SplitEV’s Right to Suspend or Terminate

SplitEV may suspend or terminate your account for: breach of this Agreement or applicable law; conduct posing a risk to Users, the Platform, or third parties; failure to maintain required insurance or payment; confirmed fraud; adverse regulatory or law-enforcement action; or where required by law or court order.

21.2 Notice and Cure

Except where immediate action is necessary to address a safety risk, suspected fraud, a legal requirement, or a risk of imminent harm, SplitEV will give you notice describing the basis for suspension or termination and, where the breach is curable, a reasonable opportunity to cure.

21.3 Appeal

You may appeal a suspension or termination to legal@splitev.co within 30 days. SplitEV will review and respond within 15 business days.

21.4 Effect of Termination

On termination: Platform access ends; outstanding fees become due; unused purchased SplitMiles remain redeemable under Section 7.4 unless the account was terminated for confirmed fraud; pending Host payouts are handled under Section 9.7; and Sections 7.4, 9.9, 9.10, 10, 11, 12, 13, 14, 15, 16, 17, 19, and 22–24, together with any Addendum provision so designated, survive.

21.5 Your Closure

You may close your account at any time in Platform settings. Closure does not relieve obligations arising before closure. Section 7.4 governs unused SplitMiles.

21.6 Re-Registration

Users terminated for cause may not re-register without SplitEV’s prior written consent.

22. FORCE MAJEURE

SplitEV is not liable for delay or failure caused by circumstances beyond its reasonable control, including acts of God, earthquake, flood, fire, storm, pandemic, public-health emergency, war, terrorism, civil unrest, government action, change in law, utility or grid failure, telecommunications or internet outage, cyberattack, supply-chain disruption, or labor dispute. If a force majeure event prevents Platform availability for more than 15 consecutive days, you may cancel your Subscription Plan and receive a pro-rated refund for the affected period.

23. MODIFICATIONS TO THIS AGREEMENT

23.1 Right to Modify

SplitEV may modify this Agreement, the Privacy Policy, Subscription Plan pricing, SplitMiles allotments, Host compensation rates, overage rates, and Platform features.

23.2 Notice

Notice of changes will be given by email to your registered address, in-app notification, and updated posting at splitev.co/terms.

23.3 Effectiveness

Changes take effect for new Users on first use. For existing Users, material changes take effect 30 days after notice. Material changes to price or plan value are additionally governed by Section 8.6. A change to Section 15 (Dispute Resolution) does not apply retroactively to any dispute for which a Notice of Dispute was submitted before the change took effect.

23.4 If You Disagree

You may cancel before the change takes effect. Continued use after the effective date constitutes acceptance. If you cancel because of a material change, Section 8.6’s pro-rated refund applies.

24. GENERAL PROVISIONS

25. CONTACT

SplitEV, Inc. 377 Valley Rd #1310, Clifton, NJ 07013 splitev.co

PurposeContact
General & user supportsupport@splitev.co
Host support & payoutscharge@splitev.co
Legal & arbitrationlegal@splitev.co
Privacy & data rightslegal@splitev.co
Security & account compromiselegal@splitev.co
Accessibilitysupport@splitev.co
Conduct & discrimination reportslegal@splitev.co
Suspension appealslegal@splitev.co
API & developercharge@splitev.co

BY CREATING AN ACCOUNT, CLICKING “I AGREE,” OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.

PART II — ADDENDA

ADDENDUM A — COMMERCIAL & MULTI-UNIT HOST TERMS

Applies to any Host that is an entity, operates more than two Charging Locations, or lists at a commercial, institutional, multifamily, faith, or municipal property. Accepted by separate click-through at commercial onboarding. Supplements and, where inconsistent, supersedes Sections 4, 6, 9, and 12 of the Core Terms for Commercial Hosts.

A.1 Eligibility and Authority

The Commercial Host is a duly organized entity in good standing; the individual accepting has authority to bind it; and the Commercial Host holds all documented rights necessary to provide compensated third-party charging access at each listed property, including owner, landlord, lender, ground lessor, association, and utility consents where required.

A.2 Property Authorization Schedule

The Commercial Host will maintain, and provide to SplitEV on request, documentation of authorization for each listed property, including lease or ownership evidence, written landlord or association consent where the Commercial Host is not the fee owner, and any required use permit or zoning approval.

A.3 Electrical and Permitting

All EVSE is listed/certified, installed by a licensed contractor under permit, inspected and approved by the authority having jurisdiction, and maintained under a documented preventive-maintenance program. The Commercial Host will provide certificates of inspection on request and will retain maintenance logs for three years.

A.4 ADA and Accessible Access

Where the property is a place of public accommodation or a covered multifamily dwelling, the Commercial Host is responsible for compliance with the Americans with Disabilities Act, the Fair Housing Act, and applicable state accessibility law, including accessible route, accessible parking space, and equipment reach-range requirements where applicable.

A.5 Insurance

Commercial general liability with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate; property insurance covering the EVSE and electrical infrastructure; and, where the Commercial Host has employees on site, workers’ compensation at statutory limits. Umbrella or excess liability of not less than $5,000,000 per occurrence where the property is a place of public accommodation, a covered multifamily dwelling, or a site with more than ten Charging Locations. SplitEV, Inc. is named as additional insured on the CGL and excess policies on a primary and non-contributory basis. A waiver of subrogation in favor of SplitEV, Inc. is required on all policies where obtainable. Certificate of Insurance at onboarding and annually. 30 days’ written notice of cancellation, non-renewal, or material reduction.

A.6 Compensation and Commercial Terms

Section 9 governs, except that SplitEV and a Commercial Host may agree in a written order form to negotiated platform fees, volume tiers, minimum availability commitments, revenue guarantees, co-marketing obligations, or exclusivity. An executed order form supersedes Section 9 to the extent of the conflict.

A.7 Availability and Service Levels

The Commercial Host will maintain posted availability with not less than [CONFIRM: 90%] honored-reservation performance measured monthly. Repeated failure permits SplitEV to deprioritize listings, withhold incentive payments, or suspend listings on 15 days’ notice and opportunity to cure.

A.8 Signage, Branding, and Wayfinding

The Commercial Host will install and maintain SplitEV-provided signage and wayfinding as reasonably specified, and grants SplitEV a limited, revocable license to use the Commercial Host’s name, logo, and property imagery to identify the location on the Platform and in Platform listings. Any broader marketing use requires separate written consent.

A.9 Site Access

The Commercial Host grants SplitEV and its representatives reasonable access during business hours, on advance notice, to inspect listed equipment and verify compliance.

A.10 Term and Termination

The Addendum continues until terminated by either party on 30 days’ written notice, or immediately by SplitEV for safety, fraud, insurance lapse, or loss of property authorization. Sessions booked before termination will be honored or cancelled with notice to affected Drivers.

A.11 Limitation of Liability — Commercial Hosts

For Commercial Hosts, the cap in Section 13.3 is the greater of (a) platform fees retained by SplitEV from that Commercial Host’s Session Revenue in the 12 months preceding the claim, or (b) $2,500. Section 13.4’s carve-outs apply.

A.12 Tax and Regulatory

The Commercial Host is responsible for property tax, business licensing, and any charging-specific permit or registration applicable to its property. SplitEV collects and remits transaction taxes where it is the marketplace facilitator.

ADDENDUM B — FLEET & BUSINESS ACCOUNT TERMS

Applies to companies, fleets, rideshare and delivery operators, and any subscriber using the Platform for business purposes or across multiple vehicles. Accepted by click-through or executed order form. Supersedes Core Terms provisions that are expressly consumer-directed.

B.1 Business Use Authorized

Notwithstanding Section 16.2, Business Users may use the Platform for commercial purposes, including charging vehicles operated by employees, contractors, and authorized drivers in the course of business.

B.2 Account Structure

A Business Account has one or more Administrators who may add and remove Authorized Drivers, assign vehicles, set spending and SplitMiles limits, and access usage reporting. The Business User is responsible for all activity under its Account and for ensuring Authorized Drivers comply with this Agreement.

B.3 Authorized Driver Requirements

Each Authorized Driver must hold a valid driver’s license, be covered by insurance meeting Section 12.1 (through the Business User’s commercial auto policy or personal coverage), and accept the Driver obligations in Section 5. The Business User is responsible for verifying Authorized Driver eligibility.

B.4 Transferability of SplitMiles Within the Account

Section 7.1’s non-transferability restriction does not apply within a Business Account. SplitMiles may be pooled and reallocated among Authorized Drivers by an Administrator. SplitMiles may not be transferred outside the Account or sold.

B.5 Billing

Business Accounts may be billed by consolidated invoice with net 30 payment terms on credit approval, or by charge to a corporate payment method. Late amounts accrue interest at the lesser of 1.5% per month or the maximum lawful rate. Section 8’s consumer auto-renewal provisions (8.2–8.9) do not apply to Business Accounts billed by invoice; renewal and cancellation are governed by the order form.

B.6 Service Levels

Where an order form provides, SplitEV will meet the stated availability and support commitments, with service credits as the sole remedy for a missed commitment. Absent an order form, the Platform is provided without an availability commitment.

B.7 Liability Allocation for Business Users

The cap in Section 13.3 is the greater of (a) amounts paid in the 12 months preceding the claim, or (b) $2,500, or such other amount as an order form provides. Section 13.4’s carve-outs apply. Consumer-protective provisions that apply only to consumers under applicable law do not apply to Business Users.

B.8 Indemnification

The Business User indemnifies SplitEV under Section 14.1 for the conduct of its Administrators and Authorized Drivers, subject to Section 14.2.

B.9 Data

Usage, Session, and location data associated with Authorized Drivers may be made available to Administrators. The Business User is responsible for providing any notice to, and obtaining any consent from, its Authorized Drivers required by applicable employee-privacy and location-tracking law. SplitEV acts as a service provider or processor with respect to Business Account personal data where a data processing addendum applies.

B.10 Rideshare and Delivery Operators

Where the Business User is a rideshare or delivery platform procuring charging access for independent drivers, the Business User is responsible for the terms on which it makes that access available to those drivers, and represents that doing so does not create an employment or agency relationship with SplitEV.

B.11 Order of Precedence

An executed order form or master services agreement supersedes this Addendum to the extent of any conflict.

ADDENDUM C — EMBEDDED CHANNEL & OEM TERMS

Applies where a User accesses the Platform inside a vehicle interface or a third-party (including automaker) application. Accepted by in-channel click-through at first use.

C.1 SplitEV Remains the Service Provider

Where SplitEV is presented inside an Embedded Channel, SplitEV — not the Embedded Channel operator — provides the charging-access service and is your counterparty under this Agreement. The Embedded Channel operator is not a party to this Agreement and is not responsible for SplitEV’s performance.

C.2 Acceptance in the Embedded Channel

You accept this Agreement in the Embedded Channel by affirmative click-through presented with a conspicuous link to these terms before your first Session or first charge. Incorporation by reference into the Embedded Channel operator’s own terms is not sufficient acceptance. Where the interface is a vehicle head unit, acceptance will be presented in a manner that does not require interaction while the vehicle is in motion.

C.3 Separate Data Consent

Section 17.3 applies with full force. Consent to share vehicle data with the Embedded Channel operator is separate from consent to share vehicle data with SplitEV, and either may be withdrawn independently. SplitEV does not receive Embedded Channel data beyond what is necessary to provide the service and what you have consented to share.

C.4 Feature Availability

Embedded Channels may expose a subset of Platform features. Features, pricing, and availability may differ from the SplitEV app. Applicable pricing is displayed before you confirm.

C.5 Support and Disputes

Support for the charging service is provided by SplitEV at support@splitev.co. Support for the vehicle or the Embedded Channel is the operator’s responsibility. A dispute with SplitEV is governed by Section 15; a dispute with the Embedded Channel operator is governed by that operator’s terms.

C.6 Termination of the Channel

If SplitEV’s availability in an Embedded Channel ends, SplitEV will give at least 30 days’ notice where practicable, and your Subscription Plan and SplitMiles remain usable in the SplitEV app. Loss of an Embedded Channel is not a breach of this Agreement by SplitEV and does not, by itself, entitle you to a refund, except where it materially reduces plan value under Section 8.6.

C.7 Branding

Where the Platform is presented under co-branding or white-label branding, that branding does not transfer ownership of SplitEV IP, does not make the Embedded Channel operator a party to this Agreement, and does not alter Sections 13, 14, or 15.

ADDENDUM D — API & DEVELOPER TERMS

Applies to any party accessing SplitEV APIs, data feeds, webhooks, or integration endpoints.

D.1 License

Subject to these terms and any executed API agreement, SplitEV grants the API Client a revocable, non-exclusive, non-transferable, non-sublicensable license to access the APIs solely to build and operate the integration described in the API Client’s approved application.

D.2 Credentials

API credentials are confidential, non-transferable, and issued per application. The API Client is responsible for all activity under its credentials and will notify SplitEV immediately of compromise.

D.3 Restrictions

The API Client will not: exceed published rate limits or circumvent throttling; cache or store Platform Data beyond the period specified in the API documentation; use Platform Data to train, fine-tune, or evaluate any AI or machine-learning model; resell, sublicense, or redistribute Platform Data except as expressly authorized; use the APIs to build a product that replicates the Platform’s core marketplace function; scrape the Platform as a substitute for API access; or use Platform Data to identify, target, or profile individual Users, Hosts, or Charging Locations outside the approved integration.

D.4 Host and Driver Privacy

Precise Charging Location addresses, Host identities, and Driver personal data are not available through the APIs except where necessary to complete an authorized booking and only with the applicable User’s consent. The API Client will not attempt to re-identify de-identified data and will implement security controls no less protective than those in the API documentation.

D.5 Changes and Deprecation

SplitEV may modify, version, or deprecate APIs. SplitEV will give 90 days’ notice before deprecating a generally available endpoint, except where a shorter period is necessary for security or legal compliance.

D.6 Attribution

The API Client will display SplitEV attribution as specified in the brand guidelines and will not state or imply endorsement, partnership, or certification by SplitEV without written consent.

D.7 Suspension

SplitEV may suspend API access immediately for a security risk, a breach of this Addendum, or conduct degrading Platform performance, with notice as soon as practicable.

D.8 No Warranty; Liability

APIs are provided “as is.” The liability cap for API Clients is the greater of amounts paid for API access in the preceding 12 months or $1,000, subject to Section 13.4. The API Client indemnifies SplitEV for claims arising from its integration and its end users.

D.9 Order of Precedence

An executed API or data-license agreement supersedes this Addendum to the extent of any conflict.

ADDENDUM E — KARMA ENGINE REWARDS PROGRAM TERMS

Applies to participation in Karma, referrals, challenges, promotions, and sweepstakes.

E.1 Program

Karma is a free, voluntary rewards and reputation program. Participation requires no purchase beyond an active account. Karma points, tiers, and badges recognize Platform activity such as reliability, availability, referrals, off-peak charging, and community conduct.

E.2 Karma Points Have No Cash Value

Karma points are promotional, are not purchased, are not property, have no cash value, are not transferable or redeemable for cash, and may be adjusted or forfeited for conduct that violates this Agreement. Because Karma points are issued without money or other value exchanged, they are not gift certificates, gift cards, or stored value.

E.3 Karma Miles

SplitMiles earned through Karma (“Karma Miles”) are promotional and may expire on the terms disclosed at issuance, which will be presented before you earn them. Karma Miles are redeemed before purchased SplitMiles. Purchased SplitMiles are governed by Section 7.3–7.4 and are not subject to this Section.

E.4 Referrals

Referral rewards require that the referred person be a new User who completes the qualifying action disclosed in the offer. Self-referral, fabricated accounts, incentivized spam, and purchased referrals are prohibited and result in forfeiture.

E.5 Program Changes

SplitEV may modify or discontinue Karma on 30 days’ notice. On discontinuation, outstanding Karma Miles remain redeemable for [CONFIRM: 90 days].

E.6 Sweepstakes, Contests, and Giveaways

Any sweepstakes, contest, or giveaway is governed by its own Official Rules, published before entry and controlling over this Addendum. Official Rules will state: the sponsor; eligibility; the entry period; the method of entry; a free alternative method of entry (“no purchase necessary”) for any sweepstakes; the odds or the judging criteria and judges for any skill contest; prize description and approximate retail value; winner selection and notification; and the applicable void-where-prohibited jurisdictions.

SplitEV will not condition entry to a prize promotion on purchase, subscription, or payment, except in a bona fide skill contest lawful in the entrant’s jurisdiction.

E.7 Taxes on Prizes

Winners are responsible for all taxes on prizes. SplitEV will issue Form 1099 where required and may condition prize award on completion of a Form W-9 and an affidavit of eligibility.

E.8 Publicity

Except where prohibited, acceptance of a prize constitutes consent to use of the winner’s first name, last initial, city, and state in winner announcements. Broader use of a winner’s name, likeness, or statement requires separate written consent.

ADDENDUM F — GRID SERVICES & MANAGED CHARGING TERMS

Applies only to Hosts or Drivers who separately opt in to a utility, demand-response, managed-charging, or grid-services program offered through the Platform. Participation is voluntary and per-program.

F.1 Voluntary Enrollment

Enrollment in any grid program requires separate, program-specific opt-in disclosing the program sponsor, the participation requirements, the incentive structure, the data shared, and the withdrawal terms. Enrollment is never automatic and is never a condition of Platform access.

F.2 What You Authorize

By enrolling you authorize SplitEV and the program sponsor to: receive Session and charging data associated with the enrolled Charging Location or vehicle; and, where the program provides, adjust, delay, curtail, or schedule charging during defined event windows. The specific control rights, event frequency, maximum event duration, and opt-out-per-event rights will be disclosed at enrollment.

F.3 Your Right to Override

You may opt out of any individual event and may withdraw from the program at any time, subject to disclosed forfeiture of incentives attributable to the period of non-participation. Withdrawal does not affect your Subscription Plan or Host listing.

F.4 Incentives

Program incentives are paid as disclosed at enrollment and are separate from Host compensation under Section 9. Incentives may be taxable; Section 9.10 applies.

F.5 Utility Program Terms

Utility and grid programs are administered by the sponsoring utility or program administrator under its own terms. SplitEV does not guarantee program availability, incentive amounts, or continuation, and is not liable for a sponsor’s modification or termination of a program.

F.6 No Utility Status

Participation in a grid program does not make SplitEV, or any Host, a utility, load-serving entity, aggregator of retail customers, or electricity supplier, except where a program expressly so provides and the required regulatory authorization has been obtained.

PART III — APPENDIX A: STATE-SPECIFIC TERMS

If a provision in this Appendix conflicts with anything else in this Agreement, this Appendix controls for residents of the identified state. SplitEV applies the strictest applicable standard nationally where operationally sensible; this Appendix records the exceptions that cannot be handled that way.

PART 1 — CONSUMER PROTECTION OVERRIDES

California

New York

New Jersey (home state; Newark launch market)

Washington (Seattle — Launch Market Q1a)

North Carolina (Charlotte — Launch Market Q1b)

Colorado (Denver — Launch Market Q2a)

Oregon (Portland — Launch Market Q3a)

Florida (Miami — Launch Market Q3b)

Nevada (Las Vegas — Launch Market Q4a)

Georgia (Atlanta — Launch Market Q4b)

Illinois

Texas

Massachusetts

Alabama, Idaho, Mississippi, South Dakota

All Other States

Where the law of your state of residence provides a right, remedy, notice, or protection that cannot be waived by contract, that law governs and the conflicting provision of this Agreement is modified to the minimum extent necessary or severed as to you.

PART 2 — EV CHARGING TAX NOTICE

Certain states impose a tax on electric vehicle charging in addition to general sales tax. Where applicable, SplitEV collects and remits the tax and displays it at checkout. This notice is informational; rates and scope change and are governed by the taxing authority.

StateBasisNotes relevant to SplitEV
Utah12.5%, applied to per-kWh, per-hour, or subscription charging feesThe subscription model does not avoid this tax. Utah expressly reaches subscription-based charging fees (Utah Code 59-30-101/102).
Kentucky~$0.032/kWh (indexed), chargers >20 kW onlyLevel 1/Level 2 residential hosting is generally outside scope; private residences and HOAs exempt.
Iowa$0.026/kWh, public stationsCharging electricity exempted from sales tax.
Wisconsin$0.03/kWh, effective Jan. 1, 2025Charging electricity exempted from general sales tax.
Montana$0.03/kWh, public stationsResidences and HOAs exempt.
Oklahoma$0.03/kWhProceeds to state infrastructure fund.
GeorgiaGallon-equivalent basis (1 gal ≈ 11 kWh)HB 406.
PennsylvaniaAlternative-fuels tax, gallon-equivalent basis
Minnesota$0.05/kWh, effective July 1, 2027Exempts free chargers and units under 50 kW.
WyomingPer-kWhLevel 2 ultimately exempted.
North CarolinaIncome-tax-return remittance modelNo point-of-sale collection.

PART 3 — JURISDICTION GATING MATRIX

This Part is operational, not contractual. It governs where SplitEV enables which Platform features. It should be maintained as a living control and reviewed before every market entry.

The legal question that gates residential P2P hosting is whether a residential utility customer receiving compensation for third-party charging access is engaged in resale of utility service or submetering prohibited by state law. SplitEV’s position under Section 3 is that it is not, because the transaction is mobility access denominated in miles and the Host is compensated for access to equipment and premises, not for a measured quantity of energy.

That position is strong in states with categorical EV-charging exemptions and untested in states with strict residential submetering prohibitions.

TierStatesFeature posture
Tier 1 — Categorical exemption confirmedNJ, CA, VA, PA, and other states with express statutory or commission exemptions for EV charging from public-utility regulationAll features enabled, including Residential Hosts
Tier 2 — Exemption likely; confirm before launchWA, NC, CO, OR, FL, NV, GA and remaining launch-sequence marketsCounsel memo required before Residential Host onboarding opens; Commercial Hosts may proceed earlier
Tier 3 — Restrictive submetering / resale regime; GATEDMA, OH, and any state whose law prohibits a residential customer from reselling or submetering utility serviceResidential Host onboarding disabled. Driver accounts and Commercial Hosts only, and only on counsel confirmation. Revisit on regulatory change.

Gating rules: 1. No Residential Host onboarding opens in any state before a written counsel determination is on file. 2. Tier 3 states are configured to reject Residential Host registration at the product level, not merely by policy. 3. Public and investor-facing materials describe the structure as untested in a small number of holdout states — never as universally cleared. 4. This matrix is reviewed quarterly and on any relevant commission order or legislative change.

PART 4 — PRIVACY RIGHTS BY STATE

Comprehensive state privacy laws are in effect in at least twenty states, including California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Florida, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Tennessee, Minnesota, Maryland, Indiana, Kentucky, and Rhode Island (the last three effective January 1, 2026).

Regardless of your state, SplitEV extends the following to every User:

Submit requests: splitev.co/privacy-request | legal@splitev.co Appeals: legal@splitev.co, subject line “Privacy Appeal”