terms and conditions

 Last Updated: March 1, 2025

These Terms and Conditions (“Terms”) govern the use of Mercator Power’s products and services (“Services”), including access to and use of our electric vehicle (EV) charging infrastructure, energy solutions, and related platforms. By accessing or using our Services, you agree to comply with and be bound by these Terms. Please read them carefully before using the Services.

1. Contractual Relationship

By using Mercator Power’s Services, you (“User,” “Customer,” or “Client”) agree to these Terms, which constitute a legally binding agreement between you and Mercator Power, LLC (“Mercator Power,” “we,” “our,” or “us”). If you do not agree with these Terms, you must not use our Services.

2. Eligibility

To access or use our Services, you must: - Be at least 18 years of age or the legal age of majority in your jurisdiction. - Provide accurate and complete registration or account information, as applicable. - Maintain a valid payment method on file if you are purchasing or subscribing to any paid Services. - Comply with all applicable laws, regulations, and safety requirements when using Mercator Power equipment or facilities.

3. Account Registration and Access

If account registration is required for certain Services, you agree to: - Provide accurate, current, and complete information when creating an account. - Maintain the confidentiality of your login credentials. - Notify Mercator Power immediately of any unauthorized access or suspected breach. You are responsible for all activity that occurs under your account, including charges incurred.

4. Energy and Charging Services

Mercator Power provides access to electric vehicle charging stations and energy infrastructure systems. By using these Services, you agree to: - Operate charging equipment in accordance with posted instructions and safety protocols. - Use only compatible vehicles and equipment. - Pay applicable fees for charging or other Services as posted on our website, app, or payment interface. - Respect on-site rules and the rights of property owners and other users. - Avoid tampering with, damaging, or obstructing Mercator Power infrastructure.

Mercator Power reserves the right to deny service or suspend access in the event of misuse, unsafe behavior, or violation of these Terms.

5. Payment Terms

All Service fees are displayed at the point of sale or use. By using our Services, you authorize Mercator Power to charge your designated payment method for all applicable fees, taxes, and surcharges. - Payments are due immediately upon completion of each transaction unless otherwise stated in a written agreement. - Invoices for contracted services must be paid within the agreed terms. - Failure to pay may result in service suspension, collection action, or additional fees.

6. Modifications and Service Availability

Mercator Power may modify, suspend, or discontinue parts of the Services at any time for maintenance, upgrades, or business reasons. We may also suspend or terminate your access if you breach these Terms or engage in fraudulent or harmful conduct. Where possible, notice will be provided prior to major changes or interruptions.

7. Privacy Policy

Your use of our Services is also governed by the Mercator Power Privacy Policy, which explains how we collect, use, and safeguard your personal and technical information. By using our Services, you consent to our data practices as described therein.

8. User Conduct

You agree not to: - Use our Services for any unlawful or unauthorized purpose. - Interfere with or disrupt our systems, networks, or hardware. - Attempt to copy, modify, reverse-engineer, or otherwise misuse Mercator Power technology or proprietary software. - Violate any safety, environmental, or operational rules applicable to the use of our stations or partner sites. Mercator Power reserves the right to investigate and take appropriate action, including legal enforcement, against violations.

9. Limitations of Liability

To the fullest extent permitted by law, Mercator Power is not liable for: - Any indirect, incidental, consequential, or punitive damages. - Business interruption, data loss, or loss of profit. - Damage to vehicles, equipment, or personal property. - Personal injury, death, or property damage arising from misuse of charging stations or third-party facilities. - Actions of site hosts, vendors, or third-party service providers.

Your sole remedy for dissatisfaction with our Services is to discontinue use.

10. Dispute Resolution

All disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). - Arbitration will be held in Stamford, Connecticut, unless otherwise mutually agreed. - You waive the right to participate in class actions or collective proceedings. - Each party shall bear its own legal costs, except where otherwise determined by the arbitrator.

11. Indemnification

You agree to indemnify and hold harmless Mercator Power, its affiliates, officers, employees, and partners from any claims, damages, liabilities, or expenses (including attorney’s fees) arising from your use of the Services, your breach of these Terms, or your violation of any applicable law.

12. Force Majeure

Mercator Power is not liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, supply chain disruptions, labor disputes, or system failures.

13. Intellectual Property

All intellectual property associated with Mercator Power—including but not limited to software, designs, logos, and documentation—is the exclusive property of Mercator Power or its licensors. You may not copy, modify, reproduce, distribute, or use any of these materials without prior written consent.

14. Updates to Terms

Mercator Power may amend these Terms from time to time. Updated versions will be posted on our website and will take effect immediately upon posting. Continued use of the Services constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to its conflict of law rules.

16. Contact Information

For questions, support, or additional information, please contact us at: 

Mercator Power, LLC 

100 First Stamford PI, Suite 330

Stamford, CT 06902 

Email: info@mercatorpower.com

Phone: +1 (203) 930-2200