Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Aspireworks, Inc. DBA ChargeChime ("ChargeChime," "we," "our," or "us") governing your access to and use of the ChargeChime website (chargechime.com), application (app.chargechime.com), APIs, and related services (collectively, the "Services").

ChargeChime is a service operated by Aspireworks, Inc., a Nevada corporation.

By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Service Description

ChargeChime is a convenience-only vehicle monitoring service. It connects to supported vehicles via SmartCar's API and provides scheduled data checks, manufacturer webhook-driven updates, and configurable notifications.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use ChargeChime. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

3. Account Registration & Security

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately at [email protected] if you suspect unauthorized access.
• We reserve the right to suspend or terminate accounts that violate these Terms or our Acceptable Use Policy.

4. Subscription & Billing

4.1 Pricing

ChargeChime costs $9.95 per month, which includes monitoring for one (1) vehicle. Each additional vehicle costs $5.00 per month. Prices are in U.S. dollars and exclude applicable taxes.

4.2 Free Trial

New users receive a 30-day free trial with full access to all features. No credit card is required to start the trial. If you do not subscribe before the trial ends, monitoring will stop and your account will be placed in an inactive state. Your configuration is preserved for 90 days.

4.3 Billing Cycle

Subscriptions are billed monthly on the anniversary of your subscription start date. Payments are processed via Stripe. You authorize us to charge your designated payment method on each billing date.

4.4 Adding/Removing Vehicles

When you add a vehicle mid-cycle, you will be charged a prorated amount for the remainder of that billing period. When you remove a vehicle, the reduced rate takes effect at the start of your next billing cycle.

4.5 Price Changes

We may change our pricing with at least 30 days' advance written notice (via email to your account address). Price changes take effect at the start of your next billing cycle after the notice period. If you do not agree to a price change, you may cancel before it takes effect.

4.6 Refund Policy

Subscription fees are generally non-refundable. However:

• If you cancel within 48 hours of an inadvertent renewal, we will issue a full refund for that billing period.
• If the Services are materially unavailable for more than 72 consecutive hours due to a failure on our end (not SmartCar, your manufacturer, or third parties), you may request a prorated credit for the affected period.
• Refunds required by applicable law will always be honored.

5. Cancellation & Termination

5.1 Cancellation by You

You may cancel your subscription at any time from Account → Billing → Cancel, or by emailing [email protected]. Upon cancellation:

• Your subscription remains active until the end of the current paid period.
• No further charges will be made.
• After the paid period ends, monitoring stops and your account enters inactive status.
• Your data is retained for 90 days in case you resubscribe, then permanently deleted per our Privacy Policy.

5.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay after reasonable notice of a payment failure
• Abuse our APIs or infrastructure

For non-urgent violations, we will provide 14 days' written notice and an opportunity to cure before termination. In cases of fraud, security threats, or illegal activity, we may terminate immediately without notice.

5.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will retain your data only as required by law and our Privacy Policy. You may request data export (portability) before or within 30 days after termination.

6. No Guarantee of Service

Notifications, data updates, and remote actions (including auto-lock) depend on multiple third parties including:

• Your vehicle manufacturer's connected services
• SmartCar's API platform
• Cloud infrastructure providers (Cloudflare)
• Wireless carriers (for SMS)
• Email delivery providers
• Internet connectivity
• Your device settings and permissions

ChargeChime cannot guarantee the delivery, timing, accuracy, or successful execution of any notification or remote command. You must always verify important vehicle conditions directly.

7. Remote Commands

Remote commands (including lock/unlock where supported) are requested through SmartCar and your vehicle manufacturer. They are not guaranteed to execute. You must independently verify successful execution. ChargeChime is not responsible for theft, property damage, personal injury, or any loss resulting from delayed, failed, or incorrect command execution.

8. Vehicle Compatibility

Available monitoring features vary by vehicle manufacturer, model, and year. Supported capabilities may change at any time due to manufacturer decisions, SmartCar API changes, or regulatory requirements — without notice from ChargeChime. We do not guarantee that any specific feature will remain available for your vehicle.

9. User Responsibilities

You agree to:

• Maintain accurate account and contact information
• Keep your SmartCar vehicle authorization active
• Ensure your vehicle's connected services subscription (if required by your manufacturer) remains active
• Configure notification permissions on your devices
• Not rely on ChargeChime for safety-critical decisions
• Comply with our Acceptable Use Policy

10. Intellectual Property

All content, features, functionality, trademarks, logos, and technology comprising the Services are owned by ChargeChime and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial vehicle monitoring purposes only.

You may not copy, modify, distribute, sell, or lease any part of the Services, nor reverse engineer or attempt to extract source code.

11. Privacy & Data

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Our Cookie Policy describes our use of cookies and similar technologies. Our SMS Terms govern text message communications.

11.1 Data Portability

You may request an export of your personal data at any time in a structured, machine-readable format (JSON or CSV) via Account → Privacy → "Export My Data" or by emailing [email protected]. We will fulfill export requests within 45 days.

11.2 Data Deletion

You may request deletion of your data at any time per our Privacy Policy. See Section 10 of the Privacy Policy for detailed instructions.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, timely, secure, or error-free
• Vehicle data will be accurate, complete, or current
• Remote commands will execute successfully
• Notifications will be delivered on time or at all
• The Services will meet your requirements
• Any defects will be corrected

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• ChargeChime's total aggregate liability for all claims arising from or related to these Terms or the Services shall not exceed the total amount you paid to ChargeChime during the twelve (12) months immediately preceding the event giving rise to the claim.
• IN NO EVENT SHALL CHARGECHIME BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: loss of profits, data, use, goodwill, vehicle theft, property damage, personal injury, or other intangible losses — even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless ChargeChime, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third party's rights
• Any claim that your use of the Services caused damage to a third party

15. Dispute Resolution & Arbitration

15.1 Informal Resolution First

Before filing any formal dispute, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly this way.

15.2 Binding Arbitration

If we cannot resolve a dispute informally, you and ChargeChime agree to resolve any remaining dispute, claim, or controversy (including statutory claims) through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding.

15.3 Class Action Waiver

YOU AND CHARGECHIME AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

15.4 Exceptions

Notwithstanding the above, either party may:

• Bring an individual claim in small claims court (if it qualifies)
• Seek injunctive or equitable relief in court for intellectual property infringement

15.5 Opt-Out

You may opt out of this arbitration provision by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in court as described in Section 16.

15.6 Arbitration Fees

If your claim is for less than $10,000, ChargeChime will pay all AAA filing, administration, and arbitrator fees. For claims above $10,000, fees will be allocated per AAA rules.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles. If the arbitration provision in Section 15 does not apply (or you have opted out), you consent to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.

17. Force Majeure

ChargeChime shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet outages, telecommunications failures, third-party service outages (including SmartCar, vehicle manufacturers, cloud providers, carriers), cyberattacks, or labor disputes.

18. Modifications to Terms

We may modify these Terms at any time. For material changes, we will:

• Provide at least 30 days' advance notice via email
• Update the "Last Updated" date at the top of this page
• Post a notice within the application

Your continued use of the Services after the effective date of modified Terms constitutes acceptance. If you disagree with the changes, you must stop using the Services and cancel your subscription before the effective date.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Safety Disclaimer, SMS Terms, and Cookie Policy, constitute the entire agreement between you and ChargeChime regarding the Services and supersede all prior agreements.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. ChargeChime may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, upon notice to you.

19.5 Notices

Notices to you will be sent to the email address associated with your account. Notices to ChargeChime should be sent to [email protected].

19.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. SmartCar, vehicle manufacturers, and other service providers are not parties to this agreement and have no obligations to you under it.

19.7 Survival

Sections 6 (No Guarantee), 7 (Remote Commands), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), 16 (Governing Law), and 19 (Miscellaneous) survive termination of these Terms.

20. Contact

For questions about these Terms:

• General support: [email protected]
• Legal/disputes: [email protected]
• Privacy: [email protected]
• Web: chargechime.com/contact
• Mail:
  Aspireworks, Inc. DBA ChargeChime
  PO Box 530202
  Henderson, NV 89053-0202