These Hypercharge Home Club Terms and Conditions form a binding agreement between Hypercharge Networks Corp. (“Hypercharge”) and the individual participating in Hypercharge Home Club (the “Customer”).

Hypercharge Home Club is a residential electric vehicle charging program available to eligible customers in Canada. The program provides eligible participants with access to a Hypercharge Home charger through a refundable deposit model and allows participants to earn cash rewards based on eligible home charging usage.

By placing an order, paying the deposit, registering a charger, using the Hypercharge Home Club app, receiving rewards, or otherwise participating in Hypercharge Home Club, the Customer accepts these Terms and agrees to comply with them, including any changes made in accordance with Section 19, subject to applicable law and any non-waivable statutory rights.

These Terms should be read together with the Hypercharge Privacy Policy and any applicable instructions, notices, checkout disclosures, product documentation, warranty materials, and support resources provided by Hypercharge.

Where these Terms form a consumer agreement, Hypercharge will provide the disclosures, copy or confirmation, and cancellation, refund, warranty, or other remedies required by applicable law. Nothing in these Terms is intended to exclude, restrict, or waive a right or remedy that cannot lawfully be excluded, restricted, or waived.

Hypercharge may update its instructions, notices, checkout disclosures, product documentation, warranty materials, and support resources from time to time. The Customer is responsible for reviewing and complying with the versions applicable to the Customer’s participation.

1. Program Definitions

In these Terms:

“App” means the Hypercharge Home Club mobile application, web portal, or other digital interface made available by Hypercharge for program registration, charger connection, charging data, reward tracking, payout status, deposit milestone tracking, account management, and related program functions.

“Charger” means the Hypercharge Home Level 2 EV charging station supplied through the Program, currently the HCH model marketed as Hypercharge Home, including any eligible J1772, NACS, plug-in, or hardwired configuration.

“Eligible Charging Usage” means residential electric vehicle charging delivered through an enrolled Charger in Canada while the Charger is connected to the internet, actively communicating with Hypercharge systems, associated with the Customer’s App account, and successfully received and recorded by Hypercharge systems. Charging delivered while the Charger is offline, disconnected from the internet, disconnected from the Customer’s App account, or otherwise unable to communicate charging data to Hypercharge systems is not Eligible Charging Usage. Offline charging usage will not be credited retroactively after connectivity is restored.

“Deposit” means the refundable security deposit paid by the Customer to enroll in Hypercharge Home Club and receive a Charger, subject to the refund, return, cancellation, forfeiture, and compliance terms in these Terms.

“Good Standing” means that the Customer has not breached these Terms in a manner that remains uncured or unresolved and continues to satisfy the account, Charger registration, connectivity, eligibility, and other requirements applicable to the Customer’s participation, subject to any notice, cure, or other rights required by law.

“Program” means Hypercharge Home Club.

“Program Credits” means any clean fuel credits, carbon credits, environmental attributes, emissions reduction credits, regulatory credits, incentive value, proceeds, or similar benefits associated with the installation, operation, charging data, or use of a Charger, including under Canada’s Clean Fuel Regulations or any successor, replacement, or related program.

“Rewards” means cash amounts earned by the Customer under the Program based on Eligible Charging Usage, subject to these Terms.

2. Nature of the Program

Hypercharge Home Club allows eligible Canadian residential customers to obtain a Charger by paying a refundable Deposit. The Customer begins earning Rewards from the first eligible charging session successfully received, recorded, and validated by Hypercharge systems while the enrolled Charger is online and connected.

Once the enrolled Charger records 1,500 kWh of Eligible Charging Usage, the Customer becomes eligible to receive a full refund of the Deposit, provided the Customer remains in good standing and all Program requirements have been satisfied.

The Customer may continue earning Rewards after the Deposit has been refunded, provided the Customer remains enrolled in the Program and complies with these Terms.

Hypercharge funds the Program, including the deposit refund model and customer Rewards, through value associated with eligible residential EV charging, including Program Credits.

3. Eligibility Requirements

To participate in the Program, the Customer must satisfy all of the following requirements:

(1)  the Customer must be a resident of Canada;

(2)  the Charger must be installed at a valid residential address in Canada;

(3)  the Customer must have the legal right to install and operate the Charger at the installation address;

(4)  the Customer must obtain any required consent from a property owner, landlord, strata corporation, condominium corporation, homeowners association, property manager, utility, or other applicable authority;

(5)  the Customer must ensure the installation address has sufficient electrical capacity for the selected Charger configuration;

(6)  the Customer must provide and maintain suitable Wi-Fi and internet connectivity at the installation location throughout participation in the Program;

(7)  the Customer must create and maintain an App account in good standing;

(8)  the Customer must register the Charger in the App after installation;

(9)  the Customer must keep the Charger enrolled in the Program;

(10)  the Customer must provide accurate account, address, payment, payout, and eligibility information; and

(11)  the Customer must comply with all applicable laws, electrical codes, safety requirements, permitting rules, utility requirements, and Program instructions.

Eligible participants may include homeowners, renters with the required written permission, and townhouse residents or similar occupants who have the legal right to install the Charger and sufficient electrical capacity.

Hypercharge may request documentation or other information to verify eligibility, confirm installation details, process Rewards, assess payout eligibility, prevent fraud, support Program Credit requirements, or administer the Program.

The refundable-deposit Program offer is limited to one Charger per residential address. Hypercharge Home Club does not include a standard purchase-outright option. Additional chargers, if made available, will be subject to separate written terms provided by Hypercharge.

Hypercharge may reject, suspend, or terminate a Program application or account if Hypercharge reasonably determines that the Customer, address, installation, Charger, charging activity, payment information, payout information, or other Program information is inaccurate, incomplete, ineligible, misleading, fraudulent, non-residential, outside Canada, or otherwise inconsistent with these Terms, subject to applicable law and any required notice, opportunity to cure, refund, cancellation, or other statutory right.

4. Charger Product and Configurations

The Program launches with the Hypercharge Home Level 2 Charger, currently the HCH model.

Eligible launch configurations are:

(1)  J1772, NEMA 14-50 plug-in, 40A;

(2)  J1772, hardwired, 48A;

(3)  NACS, NEMA 14-50 plug-in, 40A; and

(4)  NACS, hardwired, 48A.

The Charger’s current retail value is $499.00 CAD, before taxes, shipping, installation, permits, electrical upgrades, and other costs.

Program enrollment requires a $299.00 CAD refundable Deposit, unless Hypercharge expressly states a different deposit amount for an eligible promotion, partner program, or special offer. Any alternate deposit amount remains subject to these Terms unless Hypercharge provides separate written terms.

Hypercharge may update, replace, add, remove, or discontinue Charger models, connector types, amperage options, installation formats, accessories, or configurations at any time.

5. Ownership of the Charger

Title and ownership of the Charger transfer to the Customer upon delivery of the Charger to the Customer or the Customer’s designated recipient. Risk of loss, theft, damage, or destruction is allocated as provided in Section 9.2, and the Customer remains subject to all return, payment, and other obligations in these Terms.

Ownership of the Charger does not remove or reduce the Customer’s obligations under these Terms. The Deposit remains subject to the Program requirements, including App registration, connectivity, Eligible Charging Usage, anti-tampering requirements, cancellation terms, return requirements where applicable, and all other conditions in these Terms. The Customer must return the Charger when required under these Terms, regardless of whether title and ownership have transferred.

If the Customer cancels participation before the Deposit has been fully refunded and wants to receive any remaining Deposit balance, the Customer must, at the Customer’s sole cost and risk, return the Charger to Hypercharge in accordance with Hypercharge’s instructions and the cancellation and return requirements in these Terms. The Customer remains responsible for the Charger until Hypercharge receives and accepts the return, regardless of whether title and ownership have transferred, subject to applicable law and any non-waivable statutory rights.

6. Deposit, Milestone Refund, and Program Standing

6.1 Deposit Payment

The Customer must pay the Deposit during checkout or through another Hypercharge-approved payment process.

Unless expressly stated otherwise, the Deposit does not include shipping, taxes, installation costs, permits, electrical work, panel upgrades, internet service, utility charges, accessories, or other costs.

The Deposit does not earn interest or any other investment return. Hypercharge may apply any permitted deduction or amount owed under these Terms before paying any remaining balance to the Customer.

6.2 Full Deposit Refund

The Deposit is refundable once the enrolled Charger records 1,500 kWh of Eligible Charging Usage, provided that:

(1)  the Customer remains in good standing;

(2)  the Charger remains registered in the App;

(3)  the Charger remains enrolled in the Program;

(4)  the Customer continues to satisfy the eligibility requirements;

(5)  the usage recorded is Eligible Charging Usage;

(6)  the Customer has not tampered with the Charger or attempted to manipulate charging data;

(7)  the Customer has not breached these Terms; and

(8)  Hypercharge has received and verified the charging data required to confirm the milestone.

6.3 Deposit Refund Timing

Once Hypercharge confirms that the 1,500 kWh milestone has been reached and all conditions for refund have been satisfied, Hypercharge will process the Deposit refund using the original payment method or another method determined by Hypercharge within 30 business days, subject to applicable law and any non-waivable statutory rights.

6.4 Deposit Forfeiture

The Deposit may be forfeited, in whole or in part, and may be applied against amounts owed to Hypercharge for any reason permitted under these Terms or applicable law, including but not limited to the Customer’s breach, failure to return the Charger when required, tampering with the Charger, false or misleading information, ineligible use, prolonged failure to maintain required connectivity, or other ineligibility. Any remaining balance and any non-waivable refund or other remedy remain subject to applicable law.

If the Deposit has already been refunded before a breach is discovered, Hypercharge may suspend or terminate Program participation and may seek any remedies available under these Terms or applicable law.

6.5 Time-Limited Deposit Retention

If the Customer does not record 1,500 kWh of Eligible Charging Usage within two (2) years after the later of (i) the date on which the Deposit is paid and (ii) the date on which the Charger is delivered to the Customer (the “Measurement Start Date”), Hypercharge retains the right to retain the Deposit in full. Upon expiry of the 24-month period without the Customer having reached the 1,500 kWh milestone, Hypercharge retains the Deposit in full. Title to and ownership of the Charger have already transferred to the Customer under Section 5 upon delivery, and the Customer is not required to return the Charger. This right is subject to applicable law and any non-waivable statutory rights.

6.6 Program Status After Deposit Retention

Upon expiry of the Measurement Start Date period described in Section 6.5 and retention of the Deposit by Hypercharge:

(a)  the Customer’s enrollment in the Program terminates automatically;

(b)  the Customer will stop earning Rewards, including any Rewards at the increased rate described in Section 7.2;

(c)  Hypercharge will pay any verified, accrued, and unpaid Rewards balance to the Customer, even if the balance has not reached the $100.00 CAD payout threshold; and

(d)  the increased Reward rate described in Section 7.2 is not available to the Customer after the 24-month period, regardless of whether the Customer subsequently reaches 1,500 kWh of Eligible Charging Usage.

For clarity, this Section 6.6 does not limit any non-waivable statutory right or remedy available to the Customer under applicable law.

7. Rewards

7.1 Starting Reward Rate

Customers earn Rewards at a starting rate of $0.03 CAD per kWh of Eligible Charging Usage from the first eligible charging session recorded by the enrolled Charger.

7.2 Increased Reward Rate After 1,500 kWh

Once the enrolled Charger records 1,500 kWh of Eligible Charging Usage, the Customer’s Reward rate increases to $0.11 CAD per kWh of Eligible Charging Usage.

The increased Reward rate applies to Eligible Charging Usage recorded after the 1,500 kWh milestone has been reached and verified by Hypercharge. The increased Reward rate does not apply retroactively to Eligible Charging Usage recorded before the milestone was reached.

7.3 No Rewards Cap at Launch

At launch, the Program does not include a monthly or annual cap on Rewards.

7.4 No Launch Bonuses

The Program does not include welcome bonuses or referral bonuses at launch, unless Hypercharge separately offers a promotion in writing.

7.5 Reward Calculation

Rewards are calculated using charging data received and recorded by Hypercharge systems while the enrolled Charger is online. Hypercharge’s records and good-faith determination are the primary basis for determining Eligible Charging Usage, Reward balances, Reward rates, and payout eligibility, subject to correction of errors, removal of ineligible activity, and applicable law.

Charging sessions may be excluded from Reward calculations if Hypercharge determines that they are incomplete, inaccurate, fraudulent, non-residential, outside Canada, associated with tampering or misuse, disconnected from the Customer’s App account, occurred while the Charger was offline or unable to communicate with Hypercharge systems, or otherwise ineligible.

8. Reward Payouts and Customer Tracking

Rewards are paid by e-transfer once the Customer’s Reward balance reaches the minimum payout threshold of $100.00 CAD and the Customer is included in an eligible monthly payout run.

Hypercharge processes Reward payouts on the last Friday of each month. If the last Friday of the month is a public holiday, Hypercharge will process Reward payouts on the preceding business day.

To be included in a monthly payout run, the Customer’s Reward balance must reach at least $100.00 CAD by 11:59 p.m. Pacific Time on the Sunday before the scheduled payout date. If the Customer’s Reward balance reaches $100.00 CAD after that cutoff, the payout will be included in the next eligible monthly payout run, subject to verification, banking requirements, fraud controls, and the Customer providing accurate payout information.

To the maximum extent permitted by law and subject to any non-waivable statutory rights, Hypercharge may suspend or withhold any payout for up to 90 days for verification, audit, or fraud-prevention purposes without liability.

The App is expected to display information such as:

(1)  progress toward the 1,500 kWh Deposit refund milestone;

(2)  current Reward balance;

(3)  current Reward rate;

(4)  kWh charged through the enrolled Charger;

(5)  payout status; and

(6)  Program account status.

App information may be delayed, corrected, adjusted, or reconciled as eligible charging data is processed, validated, or reviewed. App information is provided for convenience only and does not create a guarantee of Rewards, Deposit refund eligibility, payout timing, or Program availability, subject to Hypercharge’s obligations and the Customer’s non-waivable rights under applicable law.

Rewards carry forward while the Program remains active and the Customer remains in good standing. Rewards have no cash value outside the Program except when paid by Hypercharge under these Terms.

The Customer is responsible for any banking fees or other obligations that may apply to Rewards received under the Program. Hypercharge does not provide tax, accounting, or legal advice, and Customers should consult their own advisors regarding any tax treatment that may apply to Rewards.

9. Shipping, Delivery, and Returns

9.1 Shipping Fee

The Program’s public shipping fee is a flat $30.00 CAD, unless otherwise stated during checkout.

Shipping fees are non-refundable, except where required by law or expressly agreed by Hypercharge in writing. No shipping charge or other deduction will be applied to the extent prohibited by applicable consumer protection law, including in connection with a statutory cancellation, return, refund, or other remedy.

9.2 Delivery

Risk of loss, theft, damage, or destruction of the Charger passes to the Customer when Hypercharge tenders the Charger to the carrier for shipment. The Customer bears all risk of loss, theft, damage, or destruction from that point, including during transit, and is responsible for pursuing any carrier claim, subject to applicable law and any expressly applicable Hypercharge checkout terms. To the maximum extent permitted by law, Hypercharge does not bear delivery risk after tender to the carrier.

9.3 Standard 30-Day Return Window

Subject to any non-waivable statutory cancellation or return rights, the Customer may return the Charger within 30 days of delivery under this contractual return policy only if it is:

(1)  unused;

(2)  in its original packaging; and

(3)  in original condition.

Approved returns during the 30-day return window are subject to a $75.00 CAD restocking fee. The Customer is responsible for return shipping costs. Original shipping charges are non-refundable, in each case only to the extent permitted by applicable law and not where a statutory remedy prohibits the fee or charge.

Hypercharge may refuse a return or reduce the refund amount if the Charger is used, damaged, missing components, missing packaging, altered, or otherwise not returned in the required condition, subject to applicable law and any statutory cancellation, return, refund, warranty, or other remedy.

10. Installation and Electrical Readiness

The Customer is solely responsible for arranging and paying for installation of the Charger by a qualified licensed electrician in compliance with applicable electrical codes, permitting requirements, inspection requirements, utility requirements, manufacturer instructions, and law.

The Customer is responsible for confirming that the installation address is suitable for the selected Charger configuration before ordering and installing the Charger.

Current electrical requirements are:

(1)  a 50A breaker for the 40A plug-in model; and

(2)  a 60A breaker for the 48A hardwired model.

The Customer is responsible for confirming Wi-Fi signal strength at the intended installation location.

Hypercharge may make installation readiness tools or checklists available. These resources do not replace the Customer’s obligation to obtain qualified electrical advice and a code-compliant installation.

11. Connectivity, App Registration, and Charging Data

Program participation requires Wi-Fi and internet connectivity.

The Charger must be registered in the App, remain connected to the Customer’s App account, and remain online for charging sessions to count toward Rewards and Deposit refund progress.

If the Charger temporarily loses internet connectivity, it may continue to operate as a charger. However, charging usage that occurs while the Charger is offline or unable to communicate with Hypercharge systems will not count toward Rewards or Deposit refund progress and will not be credited retroactively after connectivity is restored. Hypercharge is not responsible for any loss of Rewards, Deposit refund progress, or other consequence resulting from connectivity, internet, utility, or power issues outside Hypercharge’s reasonable control.

A continuous connection supports accurate tracking, timely Reward calculations, software updates, firmware updates, support, security, Program Credit reporting, and Program compliance.

If a Charger remains offline for a prolonged period (meaning a continuous period of 90 days or more, or another period Hypercharge specifies in advance under Section 19 for legal, regulatory, security, fraud-prevention, operational, or Program-administration reasons), the Customer will be considered in breach of these Terms. In that case, Hypercharge may remove the Customer from the Program and the Customer may forfeit the Deposit, if it has not already been refunded, and any unpaid Rewards, in each case subject to applicable law and any non-waivable rights.

12. Software, Firmware, and Remote Updates

Hypercharge may remotely update, modify, patch, configure, or maintain Charger software, firmware, communications settings, App features, security functions, or Program functionality from time to time.

These updates may be required to support security, performance, interoperability, Program eligibility, Reward calculations, charging data transmission, regulatory reporting, warranty support, or continued Program participation.

The Customer must maintain connectivity so that required updates can be received and installed.

13. Charging Data, Privacy, and Program Credits

The Customer authorizes Hypercharge to collect, process, validate, store, use, and disclose charging data and related account, device, installation, connectivity, and usage information as needed to administer the Program, calculate Rewards, verify Deposit refund progress, provide support, process payouts, prevent fraud, perform audits, improve Program operations, and support Program Credit reporting and monetization.

Hypercharge’s collection, use, and disclosure of personal information is governed by the Hypercharge Privacy Policy.

The Program is supported by value associated with residential EV charging, including Program Credits. By participating in the Program, the Customer irrevocably assigns to Hypercharge all right, title, and interest the Customer may have in any Program Credits associated with the Charger, Eligible Charging Usage, installation, operation, charging data, or use of the Charger.

The Customer authorizes Hypercharge to claim, aggregate, report, transfer, sell, monetize, retain, or otherwise use Program Credits associated with the Charger and Eligible Charging Usage.

The Customer must not separately claim, assign, sell, transfer, report, or monetize Program Credits associated with the Charger or Eligible Charging Usage unless Hypercharge provides prior written consent.

The Customer agrees to provide information, confirmations, records, or cooperation reasonably requested by Hypercharge to support Program Credit eligibility, reporting, verification, audits, or compliance.

14. Fraud Controls, Misuse, and Audit Rights

The Program is intended for bona fide residential EV charging only.

The Customer must not:

(1)  tamper with the Charger, meter, software, firmware, communications hardware, App, account, data, or any Program system;

(2)  bypass, manipulate, falsify, inflate, duplicate, or interfere with charging data;

(3)  use the Charger primarily for non-residential, commercial, public, fleet, resale, or ineligible charging activity;

(4)  enroll the same Charger, address, usage, or charging activity in multiple programs in a way that conflicts with these Terms;

(5)  provide inaccurate, incomplete, or misleading information to Hypercharge;

(6)  transfer the account, Charger enrollment, Rewards, or Deposit milestone progress to another person without Hypercharge’s approval;

(7)  use the Program in violation of law; or

(8)  take any action that undermines Program integrity, Program Credit eligibility, payout accuracy, or Hypercharge systems.

Hypercharge may review charging patterns, account activity, device status, installation information, address information, payout information, and other Program data to determine eligibility and detect misuse or fraud.

Hypercharge may suspend payouts, adjust or reverse Reward balances, withhold a Deposit refund, require supporting information, remove ineligible usage, suspend participation, terminate participation, or pursue other remedies if Hypercharge reasonably suspects misuse, tampering, fraud, ineligible usage, or breach of these Terms. Hypercharge may take these actions while reviewing the relevant conduct and is not required to complete its review before suspending a payout or access, subject to applicable law and any required notice, procedural protection, or other statutory right.

15. Moving, Relocation, and Address Changes

If the Customer moves within Canada, the Customer may take the Charger to the new Canadian residential address, provided that:

(1)  the Customer updates the installation address in the App or through Hypercharge support;

(2)  the new address satisfies Program eligibility requirements;

(3)  the Charger is installed by a qualified licensed electrician where required;

(4)  the Charger remains registered to the Customer’s App account;

(5)  Wi-Fi and internet connectivity are maintained; and

(6)  Hypercharge is able to continue verifying Eligible Charging Usage.

A move within Canada does not reset the Customer’s accumulated Rewards or progress toward the 1,500 kWh Deposit refund milestone, provided the Customer remains in good standing.

If the Customer moves outside Canada before the Deposit has been refunded in full, the Charger will no longer be eligible for the Program. In that case, subject to applicable law and any non-waivable rights, Hypercharge may terminate Program participation, stop Reward accrual, and may forfeit or apply any remaining Deposit only to the extent permitted by law and after permitted deductions.

16. Home Sale and Non-Transferability

Program participation is personal to the Customer and tied to the Customer’s App account. The Customer may not sell, assign, transfer, or delegate Program participation, Reward balances, payout rights, Deposit refund rights, or Deposit milestone progress without Hypercharge’s prior written approval.

If the Customer sells the property where the Charger is installed, the Customer may either:

(1)  remove the Charger and continue participation at a new eligible Canadian residential address, subject to Section 15; or

(2)  end participation in the Program, subject to the cancellation and return terms in Section 17.

A new homeowner, tenant, or occupant may apply separately to participate in the Program if eligible. The original Customer’s account, Rewards, Deposit, and Deposit milestone progress do not transfer to the new homeowner, tenant, or occupant. The Customer remains responsible for obligations arising before the transfer or termination of the Customer’s participation.

17. Cancellation by Customer

17.1 Cancellation Within 30 Days of Delivery

The Customer may cancel within 30 days of delivery and request a return if the Charger satisfies the return requirements in Section 9.3. This contractual cancellation right is in addition to any cancellation, return, refund, or other remedy required by applicable law.

If approved, the Customer will receive the applicable Deposit refund less the $75.00 CAD restocking fee, original shipping charges, return shipping costs, and any other permitted deductions, in each case only to the extent permitted by applicable law.

17.2 Cancellation After 30 Days and Before Full Deposit Refund

After 30 days from delivery and before the Deposit has been fully refunded, the Customer may cancel Program participation by contacting Hypercharge support and returning the Charger in accordance with Hypercharge’s return instructions.

For approved cancellations after 30 days and before full Deposit refund:

(1)  a $75.00 CAD restocking fee applies;

(2)  return shipping is the Customer’s responsibility;

(3)  damage deductions may apply if the Charger is damaged, altered, missing components, or returned in poor condition;

(4)  the Customer will receive the remaining Deposit balance after applicable deductions; and

(5)  the Customer will receive any earned, unpaid Rewards balance, subject to verification and fraud controls.

Hypercharge may refuse or reduce any refund or payout only to the extent permitted by law and reasonably attributable to the Customer’s failure to return the Charger when required, returning a damaged or incomplete Charger, breach of these Terms, or misuse or fraud. Hypercharge may also deduct from any refund or payout amounts the Customer owes Hypercharge under these Terms or applicable law, subject to any non-waivable statutory right or remedy.

17.3 Cancellation After Deposit Refund

After the Deposit has been refunded in full, the Customer may end participation in the Program by contacting Hypercharge support. After Program cancellation, the Customer will stop earning Rewards and the Charger will no longer generate Program Credits for the Customer under Hypercharge Home Club.

After the Deposit has been refunded in full, title to and ownership of the Charger have already transferred to the Customer under Section 5, and the Customer is not required to return the Charger, subject to applicable law and any non-waivable statutory rights.

18. Suspension or Termination by Hypercharge

Hypercharge may suspend or terminate the Customer’s participation in the Program if:

(1)  the Customer breaches these Terms;

(2)  the Charger remains offline for a prolonged period;

(3)  the Customer no longer satisfies Program eligibility requirements;

(4)  the Charger is moved outside Canada;

(5)  the Customer tampers with the Charger or charging data;

(6)  the Customer provides inaccurate, incomplete, or misleading information;

(7)  the Customer fails to provide requested verification information;

(8)  Hypercharge reasonably suspects misuse, fraud, or ineligible charging activity;

(9)  the Customer fails to maintain App registration or account standing;

(10)  continued participation would create a legal, regulatory, operational, safety, security, or Program Credit risk; or

(11)  the Program is changed, suspended, or ended.

Upon suspension or termination, Hypercharge may stop Reward accrual, suspend payouts, adjust Reward balances, remove ineligible usage, require return of the Charger where permitted by these Terms, withhold or deduct from the Deposit, terminate App access, and take any other action permitted by these Terms or applicable law, subject to any required notice, opportunity to cure, refund, cancellation, or other non-waivable statutory right. The Customer remains responsible for obligations that accrued before suspension or termination, and Hypercharge will not be liable for any resulting loss of access, Rewards, or Program benefits to the maximum extent permitted by law.

19. Changes to Reward Rates, Program Terms, and Program Availability

Hypercharge may, at any time and in its sole discretion, modify, revise, supplement, replace, suspend, or discontinue these Terms, the Program, or any feature, requirement, benefit, rate, or process described in them, including Program economics, Reward rates, payout thresholds, payout rules, eligibility criteria, Deposit mechanics, fraud controls, and related Program terms, subject to applicable law.

Hypercharge may change, pause, limit, suspend, or end part or all of the Program if, in Hypercharge’s sole discretion, the change is required or reasonably justified by operational needs, legal requirements, regulatory changes, Program Credit values, Program Credit eligibility, market conditions, utility requirements, technology requirements, fraud risk, security, or other Program factors. Hypercharge may make a change effective immediately where permitted by law and reasonably necessary for prompt action.

Where applicable law requires advance notice or Customer consent, Hypercharge will provide the notice or obtain the consent in the manner and within the time required. Otherwise, Hypercharge may modify Reward rates, payout thresholds, and Program economics at any time upon as little as seven (7) days’ notice to the Customer, including through a method described in Section 26, subject to applicable law and any non-waivable statutory rights. The seven (7)-day notice period does not apply where a change may take effect without advance notice under the following paragraph.

To the extent permitted by law, the Customer’s continued use of the Program after the effective date stated in the notice constitutes acceptance of the changed Terms. A change may take effect without advance notice where required or permitted by law, or where reasonably necessary for security, fraud prevention, legal compliance, operational continuity, or other circumstances requiring prompt action. Nothing in this Section waives or limits a non-waivable statutory right or remedy.

If Hypercharge changes or ends the Rewards portion of the Program due to material changes in Program Credit value, Program Credit rules, Clean Fuel Regulations requirements, or related economics, Hypercharge will:

(1)  provide notice to active participants;

(2)  stop new Reward accrual on the effective date stated in the notice;

(3)  pay all verified accrued Rewards, even if the Customer has not reached the $100.00 CAD payout threshold; and

(4)  provide a pro-rated Deposit refund where Hypercharge determines, in its sole discretion, that a refund is appropriate, or where required by applicable law, for Customers who have not yet reached the 1,500 kWh milestone and remain in good standing.

19.1 Pro-Rated Deposit Refund Formula

If a pro-rated Deposit refund applies because Hypercharge ends the eligible Deposit refund pathway before the Customer reaches the 1,500 kWh milestone, the refund will be calculated as follows:

Eligible Charging Usage recorded ÷ 1,500 kWh × $299.00 CAD = pro-rated Deposit refund

The pro-rated refund may be reduced by any amounts permitted under these Terms, including amounts related to breach, fraud, misuse, damage, unpaid charges, or failure to return hardware when required.

20. Warranty and Replacement

The Charger includes a 2-year warranty, subject to the applicable warranty terms and exclusions and any non-waivable statutory warranties, conditions, and remedies.

Participation in the Program does not reduce or limit applicable warranty coverage or any non-waivable statutory rights or remedies.

If Hypercharge confirms that a Charger is faulty within the warranty period and eligible for replacement, Hypercharge will replace the Charger and preserve the Customer’s verified accumulated Rewards balance and verified progress toward the 1,500 kWh Deposit refund milestone. For the purposes of Section 6.5, the Measurement Start Date is not reset or extended upon issuance of a replacement Charger; the original Measurement Start Date continues to apply.

If the Charger is outside the warranty period, the Customer is responsible for repair or replacement costs. If the Customer requires a replacement Charger after warranty expiry and wants to continue participating in the Program, the Customer must place a new $299.00 CAD Deposit for the replacement Charger, unless Hypercharge agrees otherwise in writing.

Except for the express 2-year warranty and any warranty, condition, guarantee, representation, or remedy that cannot be excluded or limited under applicable law, Hypercharge disclaims all other warranties, conditions, and representations, express or implied, including merchantable quality, fitness for a particular purpose, durability, and uninterrupted or error-free operation. The warranty does not apply to damage, failure, or performance issues caused by improper installation, misuse, abuse, tampering, unauthorized modification, accident, neglect, electrical faults, power surges, environmental conditions outside product specifications, failure to follow instructions, or other exclusions in the applicable warranty terms. Any exclusion or limitation applies only to the maximum extent permitted by law and is ineffective to the extent prohibited.

21. Support

Hypercharge Home Club support may be available through email, live chat, phone, self-serve FAQs, and the Hypercharge Help Centre.

Support availability, channels, and response times may vary. Hypercharge may update support channels or resources at any time.

The Customer is responsible for providing accurate information needed for support, including account details, Charger serial number, installation address, connectivity status, photos, electrician information, error messages, and other requested details.

Support information is available at hypercharge.com/support.

22. Customer Responsibilities

The Customer is responsible for:

(1)  choosing the correct Charger configuration;

(2)  confirming electrical readiness before installation;

(3)  obtaining all required permissions, permits, approvals, and inspections;

(4)  arranging and paying for installation by a qualified licensed electrician;

(5)  maintaining Wi-Fi and internet connectivity;

(6)  keeping the Charger registered in the App;

(7)  maintaining accurate account, address, and payout information;

(8)  using the Charger safely and in accordance with product instructions;

(9)  protecting account credentials;

(10)  promptly notifying Hypercharge of any move, sale, transfer, connectivity issue, suspected malfunction, or eligibility change; and

(11)  complying with these Terms and all applicable laws.

23. Limitation of Liability

To the maximum extent permitted by law and subject to Section 29.1, Hypercharge will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or similar damages, including lost profits, lost revenue, lost savings, lost data, loss of charging data, loss of use, loss of anticipated or unearned Rewards, interruption of charging, interruption of internet service, loss of Program Credit value, loss of environmental credits or attributes, loss of goodwill, diminution of property value, and costs of procuring substitute charging equipment or services.

To the maximum extent permitted by law and subject to Section 29.1, Hypercharge is not responsible for losses, damages, claims, injuries, costs, or expenses arising from or related to the following, except to the extent directly caused by Hypercharge’s negligence, wilful misconduct, or breach of a non-waivable statutory duty:

(1)  installation or electrical work;

(2)  inadequate electrical capacity;

(3)  failure to obtain permits, approvals, or inspections;

(4)  Wi-Fi, internet, utility, or power outages;

(5)  improper use, misuse, tampering, or unauthorized modification;

(6)  acts or omissions of electricians, contractors, carriers, utilities, property owners, landlords, strata corporations, condominium corporations, homeowners associations, or other third parties;

(7)  ineligible charging activity;

(8)  changes to laws, regulations, Program Credits, or carbon-credit values; or

(9)  events outside Hypercharge’s reasonable control.

To the maximum extent permitted by law and subject to Section 29.1, Hypercharge’s total aggregate liability arising from or related to the Program, the Charger, or these Terms will not exceed the lesser of (i) the amount of the Deposit actually paid by the Customer and (ii) the amounts paid by the Customer directly to Hypercharge during the 6 months before the claim arose, excluding taxes, shipping, installation, electrical work, and other third-party charges.

Nothing in these Terms limits, excludes, or waives liability, rights, or remedies that cannot lawfully be limited, excluded, or waived, including rights or remedies under applicable consumer protection, product liability, privacy, or anti-spam laws. If a limitation is not permitted, it applies to the maximum extent permitted, and the remainder of these Terms remains in force.

24. Indemnity

The Customer agrees to defend, indemnify, and hold harmless Hypercharge and its affiliates, directors, officers, employees, contractors, agents, service providers, successors, and assigns from and against any claims, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable legal fees, to the extent arising from or related to:

(1)  the Customer’s breach of these Terms;

(2)  inaccurate, incomplete, or misleading information provided by the Customer;

(3)  the Customer’s misuse of the Charger, App, Program, or Hypercharge systems;

(4)  tampering, fraud, or ineligible charging activity;

(5)  installation, electrical work, permitting, inspection, or property-related issues;

(6)  the Customer’s violation of applicable law;

(7)  the Customer’s negligence, wilful misconduct, or unsafe conduct;

(8)  claims by a property owner, landlord, tenant, strata corporation, condominium corporation, homeowners association, buyer, occupant, electrician, contractor, utility, or other third party related to the Customer’s participation in the Program; or

(9)  any other claim, loss, or expense arising from or related to the Customer’s participation in the Program, the Customer’s use or possession of the Charger, or any act or omission of the Customer in connection with these Terms, to the maximum extent permitted by law and subject to any non-waivable statutory rights.

Hypercharge may control the defense and settlement of any claim subject to the indemnity. The Customer must provide reasonable cooperation at the Customer’s expense and may not settle any claim without Hypercharge’s prior written consent if the settlement imposes an obligation, admission, or restriction on Hypercharge.

25. Force Majeure

Hypercharge will not be liable for delay or failure to perform any obligation under these Terms where the delay or failure is caused by events beyond Hypercharge’s reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, labour disruption, utility interruption, power outage, internet outage, telecommunications failure, cyber incident, supply-chain disruption, carrier delay, regulatory change, government action, failure of a third-party service provider, pandemic, epidemic, public health emergency, shortage of materials or components, increased costs of materials, or exchange-rate fluctuations. During a force majeure event, Hypercharge may suspend Reward accrual and payout obligations without liability to the maximum extent permitted by law and subject to any non-waivable statutory rights.

26. Notices

Hypercharge may provide notices by email, App notification, account message, website posting, checkout disclosure, mail, or any other reasonable method permitted by applicable law. For a material change to these Terms or the Program, Hypercharge will use the notice method and timing required by applicable law or, if no specific method or timing is required, a method reasonably likely to reach the Customer where notice is appropriate under Section 19.

The Customer is responsible for keeping contact information current in the App or through Hypercharge support.

Notices from the Customer to Hypercharge must be sent through the support channels designated by Hypercharge.

26.1 Marketing and Electronic Communications

Hypercharge may send the Customer service, administrative, security, account, transactional, and other communications reasonably related to the Program where permitted by applicable law. Hypercharge may send promotional or other commercial electronic messages only in accordance with Canada’s Anti-Spam Legislation and applicable provincial or territorial law, including any required consent, sender identification, contact information, and unsubscribe mechanism.

The Customer may withdraw consent to promotional messages at any time using the unsubscribe mechanism or by contacting Hypercharge. Withdrawal does not affect service, security, account, transactional, or legally required communications. Hypercharge will process withdrawal requests within the period required by applicable law.

Hypercharge will make customer-facing advertising and Program communications in accordance with the Competition Act, applicable consumer protection laws, and any required substantiation and disclosure standards. Nothing in these Terms authorizes a misleading representation or communication.

27. Assignment

The Customer may not assign, transfer, or delegate these Terms, Program participation, Rewards, payout rights, Deposit rights, Charger enrollment, or Deposit milestone progress without Hypercharge’s prior written consent.

Hypercharge may assign or transfer these Terms or the Program, in whole or in part, to an affiliate, successor, acquirer, service provider, financing provider, Program Credit aggregator, or other party involved in operating or administering the Program.

28. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, except that mandatory consumer protection, privacy, anti-spam, electronic commerce, and other laws applicable to the Customer or the transaction continue to apply to the extent required by law.

Before starting a formal legal proceeding, the Customer agrees to contact Hypercharge support and attempt to resolve the dispute informally.

If a dispute cannot be resolved informally, all disputes, claims, and controversies arising out of or relating to these Terms, the Program, or the Charger must be resolved by binding individual arbitration administered under the rules of the British Columbia International Commercial Arbitration Centre (or any successor), subject to applicable law. The Customer and Hypercharge each waive any right to participate in a class action, class arbitration, or representative proceeding, to the maximum extent permitted by law. The Customer must commence any claim within one (1) year after the event giving rise to the claim, or the claim is permanently barred, except to the extent a longer limitation period or other right cannot lawfully be waived. Nothing in this Section limits any non-waivable statutory right or remedy, including any right to bring a claim before a court or tribunal where applicable law so requires.

29. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect. The invalid, unlawful, or unenforceable provision will be interpreted or modified to the minimum extent required to make it valid, lawful, and enforceable, where permitted by law.

29.1 Mandatory Consumer Rights and Legal Compliance

These Terms are subject to all mandatory federal, provincial, and territorial laws applicable to the Customer or the transaction, including the Ontario Consumer Protection Act, 2002 and its regulations, the Competition Act, Canada’s Anti-Spam Legislation (including the Electronic Commerce Protection Act and related regulations, where applicable), applicable privacy and electronic commerce legislation, and equivalent or other consumer protection laws. Nothing in these Terms excludes, restricts, or waives any disclosure, cancellation, refund, repair, replacement, warranty, damages, privacy, or other right or remedy that cannot lawfully be excluded, restricted, or waived. If a conflict exists, the mandatory law prevails to the extent of the conflict and the remaining Terms continue in effect.

30. Entire Agreement

These Terms, together with the Hypercharge Privacy Policy available at https://hypercharge.com/privacy/, applicable checkout disclosures, warranty terms, product documentation, and any Program-specific written terms provided by Hypercharge, form the entire agreement between the Customer and Hypercharge regarding the Program.

31. Questions and Program Contact

Questions about the Program, returns, cancellations, support, Rewards, payout status, or Deposit refund progress should be directed to Hypercharge through the support channels available at hypercharge.com/support.