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VGI Services Customer Terms and Conditions

The Mobility House, LLC (“TMH”) offers Vehicle Grid Integration (VGI) services (the “TMH VGI Services”) in which TMH coordinates with utilities and other energy market entities (each, a “Sponsor”) who have developed, currently administer, or enable the participation in a program (each, a “Program”) to operate the electrical grid efficiently. TMH will be Your point of contact in relation to the TMH VGI Services and the Program, and will interface with the Sponsor, unless otherwise required.  

The TMH VGI Services are available to customers with one or more eligible electric vehicle charging stations (“Device(s)”) that TMH will control during certain periods of the Program as part of Program participation. These Programs may include demand response events, load shifting initiatives, or other utility-sponsored grid services (each, an “Event”), as described in Section 3, below. Your participation in any TMH VGI Services or related program is subject to your agreement to be bound by these terms and conditions (the “Terms” or the “Agreement”).  By enrolling in, participating in, or continuing to participate in any TMH VGI Services or Program, you (“You” or “Participant”) acknowledge that you have read, understand, and agree to be legally bound by these Terms. For clarity, “You” or “Participant” refers to either an individual residential customer or, where applicable, a commercial or institutional customer, such as a fleet operator or school district. 

 

Program-Specific Terms. Participation in certain Programs may require you to review and acknowledge additional Program-specific terms, disclosures, or enrollment acknowledgments (“Program Terms”). Program Terms apply only to the applicable Program and supplement these Terms. In the event of a conflict, these Terms govern unless the Program Terms expressly state otherwise. 

 

  1. Eligibility and Enrollment 

Upon completing the necessary information and agreeing to the Terms, TMH will submit Your application to one or more Sponsors on Your behalf, if the Program rules allow it (“Program Rules”). Otherwise, TMH will advise You to apply to the Program after which the Sponsors, in their sole discretion, shall accept or reject Participant’s application for participation in a Program.  Eligibility criteria includes, at a minimum, that You: 

 

  • Have reliable internet access  
  • Have one or more Devices that are eligible for the Program  
  • Maintain an active utility account and are current with all charges due to the Sponsor 
  • Assist Sponsor and TMH support personnel in troubleshooting and resolving connectivity, firmware and other Device-related issues 
  • Have authority to control the Device(s) as set out in Section 2. 
     

2. Authority  

You are responsible for ensuring that Your Device(s) are properly installed, maintained, powered, and connected to a reliable internet or network connection. You should not engage the TMH VGI Services unless You have the authority to control the Device(s) and are the customer of record for the utility account associated with the address at which the Device(s) is installed (“Customer of Record”). By accepting these Terms, You confirm that You have or will have the authority to control the Device(s) and are the Customer of Record, and that TMH and the Sponsor can rely on those confirmations in connection with the Program. 
  

3. Grant Of Control Over Your Device   

In simple terms, Programs occasionally ask participating chargers to adjust how and when they charge and/or discharge to support the electric grid. During these times, TMH will temporarily control the Device(s) according to your settings and Program Rules. You always have the ability to opt out of these services. 

 
You may be eligible to participate in Programs administered by Your utility or other authorized Program facilitators (Sponsors). These Programs may include demand response events, load shifting initiatives, or other utility-sponsored grid services (Events). As a part of these Program-issued Events, Devices may be commanded to pause charging, start charging, or start discharging. Discharging means sending energy from your vehicle or charger back to the grid, but only if your Device and Program support this feature. You agree to permit TMH to manage Your Device(s) as part of Programs in which You are enrolled. This includes allowing TMH to: (1) create and execute charging and discharging schedules to support Program Events and (2) share relevant Device utilization data with Program Sponsors for the duration of the Program or until Your unenrollment. By accepting these Terms, You grant TMH remote access to control the enrolled Device(s) to charge and/or discharge the Device(s), at the Sponsor’s direction, during an Event. Other than Your own operation of the Device(s), TMH will have access to the Device(s). You will also have the ability to set mobility preferences (“Preferences”), which can include but are not limited to the time at which You would like to operate Your vehicle(s) (“Departure Time”) or the state of charge of Your vehicle(s) at the Departure Time. When managing Your Device(s), TMH will prioritize Your Backup Reserve and Preferences unless You opt to have these overridden to maximize Your Program participation. In most cases, as soon as the Event completes, the Device(s) will return to its normal operating mode, however, there may be cases where Your performance in the Program can be further optimized by pausing charge or discharging. In certain cases, TMH will send a notice before managing Your Device(s). Except for honoring Your Preferences TMH may charge or discharge Your Device(s) at any time and to any level. For commercial or institutional customers, TMH will accommodate operational constraints or scheduling requirements. 

  

4. Events  
Events will be called by the Sponsor subject to the Program Rules that You will be required to review and accept in accordance with this Agreement. You can find more information in the Program documentation that TMH shares with you. TMH will control the Device(s) to respond during Events and will make reasonable efforts to maximize Program performance that prioritize Your Preferences but no specific level of performance is guaranteed. 
  

5. Compensation  
The TMH Services provide compensation based on the performance of Your Device(s) in response to Events (“Compensation”). The calculation of the Compensation is defined by the Sponsor in the Program Rules. The distribution, frequency and amount of this Compensation will vary depending on the Program. The Program documentation that TMH shares with you will outline these terms. You agree to assign the Compensation to TMH. TMH will retain a portion of the Compensation as consideration for providing the TMH VGI Services and will pay You the remaining portion of the Compensation earned by Your participation in the Program through Your Device(s). The Compensation payments referenced herein, if any, are the only compensation that You will receive from TMH and the Sponsor for participating in the TMH Services. You are responsible for all other costs of participating in the TMH VGI Services, including, but not limited to, Your cost of electricity to charge Your Device(s) as well as for the general use of Your Device(s). For clarity, assigning Compensation to TMH does not affect Your payment for electricity or other normal operating costs of charging your Device(s). 
  

6.Your Device Data and Other Information 
Participation in the TMH VGI Services means that the Sponsor and TMH will have access to certain types of Your personal identifiable information and energy use data, including, but not limited to, Your name, address, energy usage, utility account number, Device information, data generated from the TMH VGI Services and the Program and other personal information, collectively referred to as “Confidential Information”. You authorize the Sponsor and TMH, and their respective employees and representatives, to use and exchange the Confidential Information to administer the TMH VGI Services and the Program and in accordance with TMH’s Privacy Policy, (https://www.mobilityhouse.com/usa_en/privacy-policy) and the Sponsor’s Privacy Policy, as applicable. (Even though those policies are separate documents from these Terms, they are considered part of these Terms). As and between You and TMH, if there are any conflicts between these policies, TMH’s Privacy Policy shall apply and take precedence. You further authorize and acknowledge that TMH may duplicate, disseminate, release and disclose Confidential Information relating to a Program application (including the entirety of its contents), and any other information related to Your participation in a Program, including but not limited to account information and billing data, energy usage, and tax identification numbers for the purposes of processing Your application, to confirm eligibility, and to verify compliance with Program Rules. Such disclosure may also be made as required to comply with state and/or federal law, fraud prevention, regulation, and other legal action, in which case TMH and its employees and representatives shall comply with all legal requirements of Your jurisdiction before making such disclosure. You also authorize TMH and the Sponsor to use or share Confidential Information that is anonymized without further need for Your consent provided that it does not contain any of Your personal identifiable information. Finally, You authorize TMH to send You notifications related to the Program, including about your enrollment status and Program-related Device management; send You notifications related to surveys about the Program and to share Your responses to such surveys with the Sponsor; and send You notifications relating to marketing for Programs and other TMH services. 
  

7. No Warranty; Disclaimer  
TMH expressly disclaims all warranties of any kind relating to the TMH VGI Services, whether express, implied or statutory including but not limited to any implied warranties for conditions, merchantability, fitness for a particular purpose, title, non-infringement or misappropriation of intellectual property rights. 
  

8. Limitation of Liability  
In no event will TMH be liable for any direct, indirect, incidental, special or consequential damages arising in connection with the TMH VGI Services or the Program, including but not limited to, Your Device’s reduced charge during a power outage causing a loss of power or any other loss of power, or changes in electricity costs.  

 

TMH does not guarantee any specific state of charge, charging speed, energy capacity, charging behavior, or availability or the Device(s) at any particular time. TMH shall not be liable for any operational, transportation, business, scheduling, or mobility impacts arising from Device charge level or participation in Events, including but not limited to delays, missed trips, loss of use, failed dispatch, inability to operate a route, or any disruption of Your planned operations. 

 

If You are dissatisfied with the TMH VGI Services, the Program, any of these Terms, or believe TMH has breached these Terms, Your sole and exclusive remedy is to discontinue participation in the TMH VGI Services and the relevant Program. 
  

9. Termination 
Termination By TMH: TMH has sole discretion to terminate Your participation in the TMH Services, including participation in any Program, at any time without cause by providing You with written notice.  

 
Termination by You: You may terminate Your enrollment in the TMH VGI Services and/or a Program with 30-day notice unless otherwise specified by Program Rules by contacting TMH NA Support ([email protected]). 

  

10.  General 
 

  • Entire Agreement. Except as otherwise stated herein, these Terms constitute the entire Agreement between You and TMH concerning the TMH VGI Services.   
  • No Assignment. You may not assign this Agreement without TMH’s prior written consent.    
  • Severability and Waiver. If any provision herein is invalid or unenforceable, the remaining provisions will remain in full force and effect. 
  • Survival. Termination of the Program will not affect the obligations and rights under this Agreement, which is intended to survive such termination.  
  • Governing Law. This Agreement is governed by California law. 
  • Amendments. Together with these Terms and the TMH Privacy Policy, TMH may amend or update this Agreement from time to time. It is your responsibility to review these Terms periodically for any changes. Your continued participation in or use of the TMH VGI Services after any amendments become effective constitutes your acceptance of and agreement to be bound by the updated Terms. 

 

11.  TMH Arbitration Requirement; Agreement to Arbitrate  

 
PLEASE READ THIS SECTION CAREFULLY. It affects Your legal rights. By enrolling in a Program, accessing or using the TMH VGI Services, or otherwise indicating acceptance electronically, You agree that any unresolved dispute between You and TMH will not be decided by a judge or jury in a public courtroom, but instead by a single arbitrator in a private arbitration. 

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WHICH CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION BETWEEN THE PARTIES, SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS WITH ONE ARBITRATOR IN A VENUE MOST CONVENIENT TO THE PARTIES. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. 

THE COSTS OF THE ARBITRATION SHALL BE SHARED EQUALLY BETWEEN THE PARTIES, EXCEPT THAT EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES AND COSTS IN PREPARING AND PRESENTING ITS CASE, UNLESS APPLICABLE LAW REQUIRES A DIFFERENT ALLOCATION. THE ARBITRATOR’S AWARD MAY BE CONFIRMED, ENTERED, AND ENFORCED AS A FINAL JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES TO MAINTAIN THE STATUS QUO AND IN AID OF ARBITRATION FROM A COURT OF COMPETENT JURISDICTION; PROVIDED, HOWEVER, SHOULD YOU FILE A CLAIM CONTRARY TO THIS SECTION, TMH MAY RECOVER ATTORNEYS’ FEES AND COSTS INCURRED TO ADDRESS SUCH IMPROPER CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDED THAT TMH HAS NOTIFIED YOU IN WRITING OF THE IMPROPERLY FILED CLAIM(S), AND YOU HAVE FAILED TO PROMPTLY WITHDRAW THE CLAIM(S). 

THE ARBITRATOR’S AWARD SHALL BE ISSUED IN WRITING AND CONFINED TO A STATEMENT OF THE AMOUNT OF DAMAGES (IF ANY) AWARDED TO EITHER OR BOTH PARTIES ON THE CLAIMS AND COUNTERCLAIMS SUBMITTED TO THE ARBITRATOR. THE ARBITRATOR SHALL BE AUTHORIZED TO AWARD COMPENSATORY DAMAGES, BUT SHALL NOT BE AUTHORIZED (I) TO AWARD NON-ECONOMIC DAMAGES, SUCH AS FOR EMOTIONAL DISTRESS, PAIN AND SUFFERING OR LOSS OF CONSORTIUM, (II) TO AWARD PUNITIVE DAMAGES, OR (III) TO REFORM, MODIFY OR MATERIALLY CHANGE THIS AGREEMENT OR ANY OTHER AGREEMENTS CONTEMPLATED HEREUNDER. THE ARBITRATOR SHALL ALSO BE AUTHORIZED TO GRANT ANY TEMPORARY, PRELIMINARY OR PERMANENT EQUITABLE REMEDY OR RELIEF HE OR SHE DEEMS JUST AND EQUITABLE AND WITHIN THE SCOPE OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, AN INJUNCTION OR ORDER FOR SPECIFIC PERFORMANCE. 

BY AGREEING TO THIS BINDING ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS THAT MAY OTHERWISE BE AVAILABLE IF A CLAIM BETWEEN THE PARTIES WERE RESOLVED BY LITIGATION IN A COURT OF LAW. 

Optional Consumer Opt-Out. If You are an individual consumer, You may opt out of this arbitration provision by providing written notice to TMH at [email protected] within thirty (30) days of accepting these Terms. Opting out of arbitration will not affect any other provision of these Terms.  

This arbitration provision shall be governed by the U.S. Federal Arbitration Act (9 U.S.C. §§ 1–16). 

12.  Acceptance of Agreement.  

These Terms are accepted electronically. By enrolling in or participating in a Program, or continuing to participate in any TMH VGI Services, or accessing or using the TMH VGI Services, You acknowledge that You have read, understand, and agree to be legally bound by these Terms. No physical or electronic signature is required for these Terms to be binding. 

Version: February 2026