Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OMI Charging ("OMI," "we," "our," or "us") governing your use of the OMI EV Charging mobile application and all related services (collectively, the "Service"). By creating an account, downloading, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

OMI provides a platform that enables users to: — Discover and locate electric vehicle (EV) charging stations across the Philippines using an interactive map. — Initiate, monitor, and manage EV charging sessions at OMI-connected charging stations. — Make payments for charging sessions using credit/debit cards or supported e-wallets (GCash, Maya, PayPal). — Manage multiple vehicles, saved payment methods, and a digital wallet balance. — Track session history, energy consumption, and spending. — Receive push notifications, promotions, and membership rewards. The Service is made available "as is" and its availability depends on the operational status of charging station hardware and connectivity, which are not solely within OMI's control.

To use the Service, you must: — Be at least eighteen (18) years of age. — Have the legal capacity to enter into a binding agreement under Philippine law. — Not be a person barred from using the Service under applicable law. — Provide accurate, current, and complete information during registration and keep it updated. By using the App, you represent and warrant that you meet all eligibility requirements.

4.1 Registration — You must register for an account to access most features. You may register using an email address and password, or through Google or Apple Sign-In. 4.2 Account Security — You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at support@omicharging.com if you suspect unauthorized access. 4.3 One Account Per User — Each person may maintain only one active account. Creating duplicate accounts may result in suspension of all associated accounts. 4.4 Account Accuracy — You agree to provide truthful, accurate registration information. OMI reserves the right to suspend or terminate accounts found to contain false information.

You agree not to: — Use the App for any unlawful purpose or in violation of these Terms. — Impersonate any person or entity or misrepresent your affiliation. — Attempt to gain unauthorized access to any part of the Service, charging station hardware, or OMI's systems. — Reverse-engineer, decompile, or otherwise attempt to extract the source code of the App. — Interfere with or disrupt the integrity or performance of the Service. — Use automated scripts, bots, or crawlers to access the Service. — Upload or transmit viruses or other malicious code. — Engage in fraudulent activity, including chargebacks without legitimate basis or creating fictitious charging sessions. — Resell access to the Service or charging sessions without written authorization from OMI.

6.1 Station Availability — Charging station availability is displayed in real time but is not guaranteed. Stations may be offline, occupied, or under maintenance at any time. 6.2 Session Initiation — A charging session begins when the App successfully communicates with the charging station and authorizes power delivery. You are responsible for ensuring your vehicle connector is properly inserted before initiating a session. 6.3 Session Termination — Sessions may be ended by you through the App, by the station automatically upon full charge, or by OMI or the station operator in the event of a fault, safety concern, or policy violation. 6.4 Charging Rates — Prices are displayed in the App before session initiation and are subject to change. Final charges are calculated based on energy consumed (kWh) and/or time, as applicable to the station. 6.5 Idle Fees — Some stations may charge idle fees if your vehicle remains connected after the session has completed. These fees are set by the station operator and will be disclosed in the App. 6.6 Your Responsibilities — You are responsible for using charging stations safely and in accordance with posted instructions. Do not tamper with station hardware. Report any physical damage or safety concerns to the station operator or OMI immediately.

7.1 Payment Methods — OMI accepts credit cards, debit cards, and supported e-wallets (GCash, Maya, PayPal). You must maintain at least one valid payment method on file to initiate charging sessions. 7.2 Billing — Charges are applied at the conclusion of each session or deducted from your OMI wallet balance in real time, depending on your selected payment method. You authorize OMI to charge your payment method for all sessions initiated under your account. 7.3 OMI Wallet — You may load funds into your OMI in-app wallet for use in charging sessions. Wallet balances are non-transferable between accounts and are not insured by the Philippine Deposit Insurance Corporation (PDIC). 7.4 Failed Payments — If a payment fails, OMI may suspend your account until the outstanding balance is settled. We reserve the right to retry failed charges. 7.5 Taxes — All fees are quoted inclusive of applicable taxes unless otherwise stated. You are responsible for any taxes applicable to your transactions under Philippine law. 7.6 VIP Membership — VIP membership and its associated access, status, privileges, discounts, rewards, and other benefits are revocable. To the fullest extent permitted by applicable law, OMI may suspend, cancel, or revoke a VIP membership at any time, with or without prior notice, for any reason or for no stated reason. Revocation does not affect charges or other obligations incurred before the revocation date. Any refund rights required by applicable law remain unaffected.

8.1 Session Refunds — If a charging session fails to deliver power due to a station malfunction verified by OMI, you will receive a full refund of amounts charged for that session. 8.2 Wallet Credits — Wallet top-ups are generally non-refundable except upon account closure, in which case any remaining balance will be refunded to your original payment method within thirty (30) business days, subject to verification. 8.3 Dispute Resolution — To request a refund or dispute a charge, contact support@omicharging.com within fourteen (14) days of the transaction. OMI will investigate and respond within ten (10) business days. 8.4 Consumer Rights — Nothing in this Refund Policy limits your rights under the Consumer Act of the Philippines (Republic Act No. 7394).

The App, including all content, features, functionality, trademarks, service marks, logos, and trade names, is owned by OMI or its licensors and is protected by Philippine and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, sublicense, or create derivative works from any part of the App without our prior written consent.

The App integrates third-party services including mapping (Mapbox), authentication (Google, Apple), push notifications (Firebase), and payment processing (GCash, Maya, PayPal). Your use of these integrations is subject to each provider's own terms of service and privacy policies. OMI is not responsible for the practices or content of third-party services.

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. OMI does not warrant that: (a) the Service will be uninterrupted or error-free; (b) charging stations will be available or functional at any given time; (c) the App will be free from viruses or other harmful components; or (d) the results of using the Service will meet your expectations.

To the maximum extent permitted by law, OMI, its officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising from: — Your use or inability to use the Service. — Unauthorized access to or alteration of your data. — Statements or conduct of any third party. — Any charging station malfunction, power interruption, or equipment damage during a session. — Any other matter relating to the Service. In no event shall OMI's total liability to you for all claims exceed the amount paid by you to OMI in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless OMI and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any content you submit through the App.

14.1 By You — You may delete your account at any time through the App settings. Deletion is subject to the data retention provisions in our Privacy Policy. 14.2 By OMI — We reserve the right to suspend or permanently terminate your account, with or without notice, if you: — Violate these Terms or any applicable law. — Engage in fraudulent, abusive, or harmful behavior. — Fail to pay outstanding charges. — Pose a security risk to the Service or other users. 14.3 Effect of Termination — Upon termination, your license to use the App ceases immediately. Outstanding charges remain due. Provisions of these Terms that by their nature should survive termination shall do so.

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the appropriate courts of Metro Manila, Philippines. You and OMI agree to first attempt to resolve any dispute informally by contacting legal@omicharging.com before initiating formal proceedings. Nothing in this section prevents OMI from seeking injunctive or other equitable relief in any court of competent jurisdiction.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share your personal information in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173).

OMI reserves the right to modify these Terms at any time. We will notify you of material changes by posting a notice in the App and updating the "Effective Date" above. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service.

18.1 Entire Agreement — These Terms and our Privacy Policy constitute the entire agreement between you and OMI regarding the Service and supersede all prior agreements. 18.2 Severability — If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force. 18.3 No Waiver — OMI's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 18.4 Assignment — You may not assign or transfer your rights under these Terms. OMI may assign its rights without restriction. 18.5 Force Majeure — OMI is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, power outages, or government actions.

If you have questions or concerns about these Terms, please contact us: OMI Charging Email: legal@omicharging.com Support: support@omicharging.com Website: www.omicharging.com