Terms of Service

1. Acceptance

These Terms of Service ("Terms") are a binding agreement between you and IonDynamics Energy Corp. ("IonDynamics," "we," "us," or "our") governing your access to and use of the IonFlux mobile application (the "App") and related consumer charging services (collectively, the "Service"). By clicking to accept these Terms, creating an account, starting a charging session, or otherwise using the Service, you agree to these Terms. Our Privacy Policy describes how we handle personal information. If you do not agree, do not use the Service.

You must be at least 18 years old and legally capable of entering into a binding contract. The Service is not directed to children or intended for use by anyone under 18.

You may download or print these Terms. Electronic acceptance has the same effect as a handwritten signature. We may provide routine service notices, receipts, and transaction confirmations electronically. If law requires a separate consent before we provide a particular legally required notice electronically, we will request that consent separately.

2. The Service

IonFlux provides a consumer interface to:

Discover nearby charging connectors on supported equipment (FlashBot mobile DC robots and FlashHub AC ports) operated in connection with the FlashOps platform;

Create and manage a consumer account (phone number as primary identifier);

Save payment methods and pay for charging sessions via Stripe (cards, and where available Apple Pay / Google Pay);

Start and monitor a paid charging session (“Pay & Start”) at a selected connector;

View profile, optional vehicle display details, and session-related status.

Charging equipment may be owned or operated by IonDynamics or by a third-party charging-site operator identified in the App. The App facilitates charger discovery, session management, and payment. The provider and merchant responsible for a transaction will be identified before you authorize payment. Availability depends on equipment condition, network connectivity, site access, vehicle compatibility, and operator configuration.

Features may vary by location, charger, vehicle, device, and App version. Connector locations, availability, compatibility, power levels, and estimated charging information may change and are not a reservation or guarantee. Follow the information and instructions shown at the charging site and in the App.

You are responsible for a compatible device, operating-system software, internet or mobile service, and any carrier charges. We may release updates needed for security, legal compliance, or operation; some features may stop working if you do not install a required update.

3. Account registration and security

3.1 How you register.

You may register or sign in using your mobile phone number and a one-time code sent by SMS, and, where offered, a password. Your mobile number is used as a primary account identifier. Contact support if you need to change a number that cannot be updated in the App.

3.2 Your responsibilities.

You must:

Provide accurate registration information;

Keep OTP codes and passwords confidential;

Not share your account;

Notify us promptly of unauthorized use.

You are responsible for charging sessions and payment authorizations initiated through your account, except to the extent caused by unauthorized use that you did not enable and that you report promptly to us and your payment provider.

3.3 Suspension.

We may suspend or terminate access when we reasonably believe you materially violated these Terms, used the Service unlawfully or fraudulently, created a safety or security risk, failed to pay an undisputed amount, or when suspension is reasonably necessary for legal or operational reasons. When practicable, we will provide notice and a reasonable opportunity to cure. We will not suspend an account solely because you make a good-faith billing inquiry or exercise a nonwaivable legal right.

4. Payments and charging sessions

4.1 Payment provider.

Payments are processed by Stripe or another payment provider identified in the App. Payment-card numbers and security codes are entered in the provider's interface; IonDynamics does not store full card numbers or card security codes on its systems. We may retain payment-provider identifiers and limited display information, such as card brand, last four digits, expiration date, wallet type, and default-payment status.

4.2 Binding a payment method.

Before starting a paid session, add or select an accepted payment method in the App. Your payment provider's terms also apply to its processing of your payment.

4.3 Pay & Start flow.

Before you authorize a charging session:

The App will identify the selected charger, the pricing basis, all mandatory session, parking, idling, or other fees known at that time, applicable taxes, and any preauthorization amount. When you confirm, you authorize the disclosed hold and the final charge calculated from the pricing shown before the session and the charging service actually delivered. If a materially higher authorization is needed, we will request additional authorization when required by law.

Prices for U.S. charging sessions will be displayed in U.S. dollars. The applicable merchant, pricing terms, taxes, mandatory fees, and preauthorization amount will be displayed before you authorize the session. Estimates may differ from the final charge only as explained by the disclosed pricing formula, actual energy or time used, applicable taxes, and disclosed fees.

4.4 Pricing, taxes, and authorization holds.

Pricing may be based on energy delivered, charging or connection time, a session fee, parking or idling time, or another basis clearly disclosed before purchase. You authorize the applicable merchant and payment provider to place the disclosed hold and capture the final amount lawfully due. A hold is not a final charge. We will promptly submit a release or adjustment for unused hold amounts, but your bank or card issuer controls when funds become available and may take several business days.

4.5 Failed starts, interruptions, and equipment issues.

A session may fail to start or may stop because of equipment faults, vehicle or connector incompatibility, user action, network failure, site conditions, utility interruption, safety systems, or events outside reasonable control. Unless a separately disclosed fee lawfully applies, you will not be charged for energy that was not delivered. We will submit any necessary hold release or billing correction promptly after we learn of the failed or interrupted session. Nothing in this paragraph limits responsibilities that cannot be disclaimed by law.

4.6 Refunds.

If you believe a charge is incorrect, a session failed, or the Service was not delivered as described, contact support promptly with the session details. We or the applicable merchant will investigate and provide an appropriate refund, credit, or correction when required by these Terms, the disclosed refund policy, payment-network rules, or applicable law. Refund timing depends on the payment provider and card issuer. This process does not limit any good-faith billing-dispute or chargeback right available under law or your payment agreement.

4.7 Chargebacks.

You may use lawful billing-dispute rights in good faith. If, after reasonable investigation and notice, we determine that a dispute was knowingly fraudulent or abusive, we may suspend the account and seek undisputed amounts lawfully owed. We will not impose a fee or penalty merely because you raise a good-faith dispute.

4.8 Receipts and records.

After a session, the App or applicable merchant will make available a receipt or session record showing the charger or location, date and time, energy or other usage measured, pricing basis, taxes and fees, total charge, and payment status, as applicable. Keep your receipt and report suspected errors promptly.

5. Acceptable use and safety

You agree not to:

Use the App or equipment unlawfully or unsafely;

Interfere with connectors, robots, hubs, or other users’ sessions;

Attempt to bypass payment, tariffs, or authentication;

Probe, scrape, or reverse engineer the App or APIs except as allowed by mandatory law;

Use automated means to create accounts or sessions without authorization;

Misrepresent identity or payment information.

You must follow all on-site instructions, equipment warnings, and applicable traffic, parking, accessibility, and safety rules. Use only a connector compatible with your vehicle; inspect the connector and cable before use; do not use equipment that appears damaged; remain responsible for your vehicle; and stop use and contact the site operator or emergency services if a hazardous condition exists.

6. Intellectual property

The App, software, interfaces, trademarks (including IonFlux, FlashOps, FlashX, FlashBot, FlashHub, FlashBase, and IonDynamics marks), and related content are owned by IonDynamics or its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to install and use the App on devices you own or control solely for personal, lawful use of the Service and as permitted by applicable app-store usage rules. No other rights are granted.

7. Third-party services

The Service relies on third parties, including without limitation:

Stripe — payments;

SMS providers (e.g. ClickSend) — OTP delivery;

Map and location-service providers identified in the App — map display, location services, and nearby-charger discovery;

Apple / Google — app distribution, Apple Pay / Google Pay where used.

Your use of third-party services is also subject to their applicable terms and privacy notices. Third parties may experience outages or change their services. This paragraph does not limit IonDynamics' responsibility for its own conduct or obligations that cannot be disclaimed by law.

7.1 Additional terms for Apple users.

If you obtained the App through Apple's App Store, these Terms are between you and IonDynamics, not Apple. IonDynamics, not Apple, is responsible for the App, its content, maintenance and support, and claims relating to the App. Apple has no obligation to provide maintenance or support. The license in Section 6 is limited to use on Apple-branded products that you own or control as permitted by Apple's usage rules, including applicable Family Sharing or similar rules.

If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund any purchase price paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation. IonDynamics, not Apple, is responsible for addressing product-liability, legal-compliance, consumer-protection, privacy, and intellectual-property claims relating to the App.

You represent that you are not located in a country or region subject to a U.S. Government embargo or designated by the U.S. Government as supporting terrorism and are not listed on a U.S. Government restricted-party list. You must comply with applicable third-party terms, including wireless-data-service terms. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

8. Privacy

Our IonFlux Privacy Policy describes how we collect, use, disclose, retain, and protect personal information and the privacy choices available to you. The Privacy Policy is not incorporated as a contractual promise except where applicable law requires otherwise.

9. Disclaimers and limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." IONDYNAMICS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP, NETWORK, OR CHARGING EQUIPMENT WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT EVERY CHARGER WILL BE COMPATIBLE WITH YOUR VEHICLE. SOME STATES DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IONDYNAMICS AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS EXCLUSION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IONDYNAMICS' TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THROUGH THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100. THIS CAP DOES NOT APPLY TO FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

Nothing in these Terms limits rights that cannot be waived under applicable consumer protection law.

10. Indemnity

To the extent permitted by law, you will indemnify IonDynamics from third-party claims, damages, and reasonable costs arising directly from your intentional unlawful use of the Service or your willful violation of another person's rights. You have no indemnity obligation to the extent a claim results from IonDynamics' conduct, ordinary authorized use of the Service, or a matter for which consumer indemnification is prohibited by law. We will provide reasonable notice and permit you to participate in the defense, but you may not settle a claim in a manner that admits fault by or imposes obligations on IonDynamics without our written consent.

11. Changes

We may revise these Terms prospectively. We will post the revised Terms with a new "Last updated" date and provide reasonable advance notice of material changes, such as through the App, email, or another appropriate channel. If applicable law requires affirmative consent, we will obtain it. A change will not apply retroactively to a dispute that arose before its effective date. If you do not agree to revised Terms, you must stop using the Service before they take effect and may delete your account.

12. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate the Service or your account as described in Section 3.3. Termination does not cancel an undisputed charge already incurred or a refund or credit lawfully due. Sections that by their nature should survive—including payment obligations, intellectual property, warranty disclaimers, liability limitations, dispute terms, and miscellaneous provisions—survive termination.

You may initiate account deletion through the readily discoverable deletion control in the App or through the external deletion-request resource identified in the applicable app-store listing. We may retain limited records when permitted or required for security, fraud prevention, transaction completion, tax, accounting, dispute, or other legal purposes, as described in the Privacy Policy.

13. Governing law and disputes

Except to the extent the law of your state of residence applies and cannot be waived, these Terms are governed by the laws of the State of Michigan and applicable federal law, without regard to conflict-of-law principles. Any court proceeding may be brought in the state courts located in Oakland County, Michigan, or the United States District Court for the Eastern District of Michigan, and each party consents to personal jurisdiction there. You may also bring an eligible individual claim in small-claims court in your county of residence.

Before filing a court claim, please email support@iondynamics.energy with your name, account contact information, a description of the dispute, and the relief requested. The parties will attempt in good faith to resolve the dispute for 30 days. This informal process does not prevent either party from seeking urgent injunctive relief or pursuing an eligible small-claims case, and it does not extend any legal limitations period unless the parties agree in writing.

14. Contact

For questions about these Terms or billing support:

Support and billing: support@iondynamics.energy

15. Entire agreement

These Terms and any transaction-specific pricing and disclosures presented before you authorize a charging session constitute the entire agreement between you and IonDynamics regarding the Service and supersede prior or contemporaneous agreements on the same subject. If a transaction-specific disclosure conflicts with these Terms, the transaction-specific disclosure controls only for that transaction. The Privacy Policy describes data practices and is not part of this contract except where applicable law provides otherwise.

16. Miscellaneous

If any provision of these Terms is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect. A waiver must be in writing and applies only to the specific instance. Headings are for convenience only.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, financing, sale of assets, or transfer of the Service, provided the assignment does not reduce your nonwaivable rights. These Terms do not create an agency, partnership, joint venture, employment, or franchise relationship.

IonDynamics is not responsible for delay or failure caused by events beyond its reasonable control, such as utility or network outages, natural disasters, government actions, labor disruptions, or widespread failures of third-party infrastructure, but this does not excuse payment corrections, refunds, or other duties that applicable law does not permit us to avoid.