Terms of Service

• “Platform” means the Borrow My Watts website (borrowmywatts.com), web application (dev.borrowmywatts.com), and any associated mobile applications.
• “Company”, “we”, “us” means Borrow My Watts Inc., an Ontario corporation.
• “User” means any individual who creates an account on the Platform.
• “Driver” means a User who books EV charging sessions at Host locations.
• “Host” means a User who lists a residential EV charger for use by Drivers.
• “Session” means a single EV charging event between a Driver and a Host charger.
• “Installation” means the professional installation of an EV charger at a Host's property under the Host + Install subscription plan.
• “ESA” means the Electrical Safety Authority, a not-for-profit corporation authorized under Ontario's Electricity Act, 1998.

You must be at least 18 years of age and a resident of Canada to use the Platform. By registering, you represent and warrant that:

• You have the legal capacity to enter into binding contracts under applicable law.
• You will provide accurate, current, and complete information during registration and keep it updated.
• You are not prohibited from using the services under any applicable law.
• Hosts additionally warrant that they have the legal right (ownership or appropriate tenancy permission) to install and operate a charger at the listed property.

Borrow My Watts operates as a peer-to-peer marketplace. We facilitate connections between Hosts and Drivers. We are not a party to the charging transaction itself.

Accordingly:

• We do not own, operate, inspect, or guarantee any charger listed on the Platform.
• We do not guarantee that any specific charger will be available, functional, or compatible with your vehicle.
• The Host is solely responsible for the condition, safety, and legality of their charger and property access.
• We are not responsible for property damage, vehicle damage, or personal injury arising from a Session, except to the extent caused by our direct negligence.

We provide supplemental liability coverage as described in the Host Agreement (Section 5) to partially mitigate certain risks.

All amounts are in Canadian dollars (CAD). HST (13%) is applied to all fees paid to Borrow My Watts Inc. where applicable under the Excise Tax Act.

Payment processing is handled exclusively by Stripe, Inc. By using our payment features, you also agree to Stripe’s terms of service. Borrow My Watts does not store payment card data.

We reserve the right to adjust pricing with 30 days' written notice to active subscribers. Continued use after the notice period constitutes acceptance of the new pricing.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law.
• Provide false information, create fake accounts, or impersonate others.
• Attempt to bypass, disable, or circumvent the Platform’s security or payment systems.
• Use automated tools to scrape, crawl, or extract data from the Platform without our written permission.
• Post defamatory, harassing, or discriminatory content in reviews, messages, or profile information.
• Use a Host charger for any commercial fleet charging operation without our express written consent.
• Sublease or re-sell charger access obtained through the Platform.

Violations may result in immediate account suspension and, where applicable, legal action.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORROW MY WATTS INC. SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, goodwill, or business opportunities.
• Damage to vehicles, property, or personal injury arising from Sessions, except to the extent directly caused by our gross negligence or willful misconduct.
• Interruptions, outages, or errors in the Platform.
• The acts or omissions of Hosts, Drivers, or third-party installers.

Our total aggregate liability to you for any claim arising under these Terms shall not exceed the greater of: (a) the amounts you paid to us in the 12 months preceding the claim; or (b) $500.00 CAD.

Some jurisdictions do not permit the exclusion or limitation of certain warranties or damages. In such cases, the above limitations apply to the fullest extent permitted by law.

We encourage you to contact us first at support@borrowmywatts.com to resolve any dispute informally. We will make good-faith efforts to resolve most issues within 10 business days.

If informal resolution fails, disputes arising from or relating to these Terms or the Platform shall be resolved by binding arbitration under the Arbitration Act, 1991 (Ontario), administered by a mutually agreed arbitrator in Toronto, Ontario. The arbitral award shall be final and binding and may be entered in any court of competent jurisdiction.

Notwithstanding the above, either party may seek emergency injunctive relief from a court of competent jurisdiction. You also retain the right to file a complaint with applicable consumer protection authorities.

Class action waivers: You agree to resolve disputes individually and not as part of any class action or representative proceeding, to the extent permitted by law.

You may close your account at any time through Settings → Delete Account (or by contacting support). Upon account closure:

• Outstanding Host earnings will be paid out in the next regular payout cycle.
• Pending Driver bookings will be cancelled and refunded.
• If you are on the Host + Install plan, the early cancellation balance provisions in Section 6.4 apply.
• Personal data will be retained only as required by law (see Privacy Policy).

We may suspend or terminate your account for material breach of these Terms, fraudulent activity, or conduct that harms other users or the Platform, with notice where practicable. In cases of fraud or safety risk, suspension may be immediate.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Subject to the arbitration clause in Section 10, you agree to the exclusive jurisdiction of the courts of Ontario for any matters not subject to arbitration.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

We may update these Terms at any time. Material changes will be communicated via email and/or a prominent notice on the Platform at least 14 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.