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Terms Of Service

Last Updated 

March 5, 2025

These EVoke Systems Terms of Service for Authorized Users (the “Terms”) and our Privacy Policy govern your use of the website located at https://evokesystems.com/TermsOfService (the “Site”) and the electric vehicle (“EV”) charging software solutions and related services made available by EVoke Systems, Inc., a Delaware corporation (“EVoke”, “we”, “us”, “our”) via the Site and the corresponding mobile application (the “App”).

EVoke provides its Services subject to the terms and conditions in this Terms of Service (“Terms” or “Agreement”). When we refer to our “Services” in these Terms, we mean to include the entirety of EVoke Systems – our Site, App and related platform services, which includes all of our programs, features, functions and report formats, instructions, online help files and technical documentation, account portal, technical support, and billing services, as well as any upgrades or updates to any of these, made generally available by us, and includes any of our APIs or software provided to you in connection with your use of our Services.

To be eligible to use EVoke’s Services, you must review and accept the terms of this Agreement by clicking on the “I Accept” button or other mechanism provided. PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND EVOKE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTON AND YOU SHOULD NOT USE EVOKE’S SERVICES. 

1. Authorized Use; Term

You are accessing these Terms of Service as an authorized user of a customer (“Customer”) who has directly (or indirectly through a reseller) entered into an agreement or order form with EVoke providing such customer with a non-transferable, non-exclusive right to access our Services for the term of such agreement (“Customer Agreement”).  Your use of our Services is subject to the terms of the Customer Agreement that is authorizing your use.  If the Customer Agreement is terminated, so too shall be your use of the Services.  If you are not, or cease to be in the future, an authorized user pursuant to a Customer Agreement you shall cease using the Services. 

Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, license to use the Services to the extent and for the Term of the Customer Agreement. The foregoing licensee will terminate immediately on the earlier to occur of:

(a) the expiration or earlier termination of the Customer Agreement; or

(b) your ceasing to be authorized by the Customer to use the Software for any or no reason.

2. Intellectual Property Rights.

EVoke has and retains all Intellectual Property Rights associated with the Services. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

You acknowledge and agree that the Services are provided under license, and not sold, to Customer or its authorized users.  Neither the Customer nor you acquire any ownership interest in the Services under these Terms or the Customer Agreement, or any other rights thereto, other than to use the same in accordance with the license granted to the Customer and subject to all terms, conditions, and restrictions under these Terms and the Customer Agreement.  EVoke reserves and shall retain its entire right, title, and interest in and to the Services and all Intellectual Property Rights arising out of or relating to the Services, except as expressly granted to the Customer in the Customer Agreement and to you under these Terms. 

You shall use commercially reasonable efforts to safeguard the Services from infringement, misappropriation, theft, misuse, or unauthorized access.  You shall promptly notify us if you become aware of any infringement of our Intellectual Property Rights and fully cooperate with us, at our expense (unless you or Customer is the infringing party) in any legal action taken by us to enforce our Intellectual Property Rights.

3. Suggestions and Contributions

We welcome your feedback on our Services, but please know that by submitting to us any suggestions or other feedback about our Services (“Contributions”) you agree that:

  1. we are not under any obligation of confidentiality with respect to your Contributions;
  2. we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;
  3. you irrevocably, non-exclusively license to us rights to exploit your Contributions; and
  4. you are not entitled to any compensation or reimbursement of any kind from us for your Contributions.

4. Use Restrictions

You shall not, directly or indirectly:

  1. use (including make any copies of) the Software or Documentation beyond the scope of the license granted to you
  2. share your username and password or otherwise provide any other person with access to or use of the Services;
  3. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or any part thereof;
  4. combine the Services or any part thereof with, or incorporate the Services or any part thereof in, any other programs, except in coordination with EVoke;
  5. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
  6. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Services, including any copy thereof;
  7. use the Services in violation of any law, regulation, or rule; or
  8. use the Services for purposes of competitive analysis of the Services, the development of a competing software product or service, or any other purpose that is to EVoke’s commercial disadvantage.
  9. If EVoke provides cellular backhaul communications (e.g., via wireless access points or gateways), such connectivity is solely intended for EVSE communications and related services. Customer shall not connect any non-EVSE equipment to the cellular service provided. Any use of the cellular backhaul for non-EVSE purposes is strictly prohibited. Customer agrees to be fully liable for any data overages, service degradation, or additional charges incurred as a result of unauthorized usage by non-EVSE devices.

5. Suspension

EVoke may suspend Services under certain circumstances, such as security risks or legal obligations or due to a breach of the Customer Agreement.

6. Service Levels, Scheduled Maintenance and Support

  • Availability: EVoke guarantees 99.7% monthly uptime for the Services, excluding Scheduled Maintenance. 
  • Scheduled Maintenance: Scheduled maintenance will occur no more than four (4) hours per month, between 2 AM – 5 AM ET.
  • Support: 24/7 technical support is available via phone at (813) 492-5220 or by emailing support@evokesystems.com.

7. Fees and Payment

All fees are due as specified in the Customer Agreement.

8. Data Protection and Privacy Policies

EVoke agrees to follow privacy policies outlined herein: https://evokesystems.com/privacy-policy/

Collection and Use of Information.

We may, directly or indirectly through the services of others, collect and store information regarding use of the Services and about equipment on which the software is installed or through which it otherwise is accessed and used, including by means of providing maintenance and support services. You agree that we may use such information for any purpose related to any use of the Services by you, including but not limited to: (i) improving the performance of the Services or developing updates; and verifying compliance with the terms of this Agreement and enforcing our rights, including all Intellectual Property Rights in and to the Software.  

9. Warranties

THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EVOKE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET THE CUSTOMER’S OR YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

10. Indemnification

You agree to indemnify, defend and hold harmless EVoke against any claims or liabilities resulting from (a) your violation of these Terms or (c) your violation of any applicable laws.

11. Disclaimer of Liability

As an authorized user of a Customer, your rights in regard to EVoke are governed by the Customer Agreement, including any limitations of liability and other terms and conditions set forth therein. IN NO EVENT WILL EVOKE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES. YOU ARE PROVIDED THE SERVICES PURSUANT TO THE CUSTOMER AGREEMENT, SOLELY FOR THE BENEFIT OF CUSTOMER AT CUSTOMER’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY EVOKE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SERVICES SHALL BE SOLELY TO CUSTOMER PURSUANT TO THE CUSTOMER AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.

12. Governing Law, Arbitration and Waiver, Class Action Waiver

  • Governing Law: The laws of the state of Delaware, without regard to its choice of law principles, apply to your use of the Services.
  • ARBITRATION: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING UNDER, IN CONNECTION WITH, OR RELATING TO THESE TERMS SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. THE ARBITRATION WILL BE CONDUCTED IN TAMPA, FLORIDA, UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN EFFECT AT THE TIME. THE COSTS OF ARBITRATION (INCLUDING AAA FEES AND ARBITRATOR FEES) WILL BE SHARED EQUALLY BY THE PARTIES, SUBJECT TO APPORTIONMENT IN THE ARBITRATION AWARD. THE PREVAILING PARTY WILL BE ENTITLED TO REIMBURSEMENT FOR REASONABLE ATTORNEY’S FEES INCURRED. JUDGMENT MAY BE ENTERED ON THE ARBITRATION AWARD IN ANY COURT OF COMPETENT JURISDICTION.
  • NO CLASS ACTION: DISPUTES MUST BE PURSUED ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS ACTION.

13. Carbon Credits

All carbon credits generated through your use of the Services will be retained by EVoke unless the Customer notifies us in writing within 30 days of first using the Services, indicating the Customer’s intent to redeem these credits.

14. Export Regulation. 

The Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.  Customer and you shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.

15. US Government Rights. 

The Services, including all software and documentation, is a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if the Customer or you is an agency of the US Government or any contractor therefor, the Customer and you only receive those rights with respect to the Services as are granted to all other authorized users under a license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.

16. Changes to These Terms.  

We may update these Terms from time to time at our discretion. If we do, we will notify you by posting the updated Terms on the Site or App. Your continued use of the Services after the changes signifies your acceptance of the updated Terms.

17. Notices.

Evoke will send notices in writing to the contact address or email for Customer set forth in the Customer Agreement. Notice to the Customer shall be deemed notice to all of Customer’s authorized users.

Any notices to EVoke shall be sent by email notices@evokesystems.com.