These Terms of Use ("Terms") are a legal agreement between you and AGM Apps ("we," "our," or "us") governing your use of the KG Charge mobile application (the "App"). By downloading or using the App you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
Apple's standard Licensed Application End User License Agreement also applies; where these Terms conflict with it, these Terms control to the extent permitted. The terms Apple requires us to include are set out in full in Section 16 (Apple-Specific Terms). Apple Inc. is not a party to these Terms and is not responsible for the App, except as stated in that Section.
Heads up: Section 13 requires most disputes to be resolved by individual binding arbitration and contains a class action waiver and a jury trial waiver. You can opt out of arbitration within 30 days at no cost — see Section 13.9.
KG Charge is a community-driven map of electric-vehicle charging stations in Kyrgyzstan. Charger locations, availability, connector types, prices, and photos are contributed by users — not by charging networks or by us. Anyone can browse; a verified account is required to contribute.
Charger information in the App is user-generated and provided "as is." A charger shown on the map may be offline, occupied, removed, restricted, or priced differently than reported. We do not verify, own, operate, or maintain any charging station.
Always confirm critical details before depending on a charger — especially for long trips or low battery situations. We are not responsible for stranded vehicles, charging costs, damage to your vehicle, or any consequence of relying on community-reported information.
When you submit a charger, confirmation, price, comment, or photo, you confirm that the information is accurate to the best of your knowledge, that you were physically present at the location for proximity-gated actions (the App enforces a 150-meter check), and that any photo you upload was taken by you and contains no unlawful or offensive content, and no identifiable people or license plates where prohibited.
You keep ownership of what you submit, but you grant AGM Apps a worldwide, royalty-free, perpetual, transferable license to host, display, reproduce, and distribute your contributions within the App and services related to it. This license survives account deletion because contributions remain part of the shared community map (de-linked from your identity).
The App uses a points-and-reports system. Reporting a charger as incorrect requires you to be at it, and a report on its own changes nothing — it does not remove a charger, undo its confirmations, or penalise anyone. We review reports and decide. Reports we uphold may lead to warnings, temporary suspension, or a permanent ban of the contributing account; reports we find to be false cost the reporter reputation, and a pattern of false reporting is itself grounds for suspension. We may also remove content or restrict accounts at our discretion, including for suspected abuse or manipulation.
Photos. A charger holds one photo. Photos are reviewed before they appear to anyone, and we may reject or later remove any photo at our discretion — for example one showing identifiable people, readable number plates, or anything unrelated to the charger. Submitting a photo does not guarantee it will be published, and having a photo removed is not by itself a penalty.
The free version of the App displays advertising served by Google AdMob, including banner and occasional full-screen ads, plus optional rewarded video ads you choose to watch. Ad personalization is controlled by your App Tracking Transparency choice and, where applicable, the consent form shown in the App. See the Privacy Policy for details.
The App, its design, code, logo, and name are owned by AGM Apps and protected by law. Third-party names shown in the App (charging networks, navigation apps) are trademarks of their respective owners and are used only to identify the relevant services; no affiliation or endorsement is implied.
You may stop using the App at any time. We may suspend or terminate your account or access to the App if you violate these Terms, abuse the community systems, or where required by law.
A permanent ban survives account deletion. Deleting a banned account and creating a new one with the same email address will not restore access, and deliberately attempting to evade a ban — including by registering a new account — is itself a violation of these Terms. See the Privacy Policy for exactly what we retain in order to enforce this, which is your email address and nothing else.
The following survive termination: Section 5 (the license you grant us), Section 6, Section 9, and Sections 11 through 16 — including the severability provision in Section 15, which keeps the surviving provisions standing if any one of them is held unenforceable.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT CHARGER INFORMATION IS ACCURATE, THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY CHARGING STATION WILL BE AVAILABLE OR FUNCTIONAL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGM APPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING VEHICLE DAMAGE, TOWING COSTS, LOST TIME, OR LOST DATA — ARISING FROM YOUR USE OF THE APP OR RELIANCE ON COMMUNITY-REPORTED INFORMATION. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR TWENTY U.S. DOLLARS (US $20) IF YOU PAID NOTHING.
Some jurisdictions do not allow certain exclusions; in those places, these limits apply to the fullest extent permitted.
Nothing in these Terms takes away rights you have by law. If the mandatory consumer-protection law of the country where you live gives you rights — a statutory refund or withdrawal period, a guarantee that the App is of acceptable quality or fit for its purpose, or a limit on how far liability can be excluded — those rights apply and prevail over anything in this Section or in Section 13 that would restrict them.
You agree to defend, indemnify, and hold harmless AGM Apps and its owners from and against any claims, damages, obligations, losses, liabilities, costs, or debt (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) any contribution you submit — including any charger, price, confirmation, comment, or photo — and any claim that a contribution is inaccurate, unlawful, or infringes someone's rights; (d) your violation of any law or of any third-party right, including intellectual property, publicity, and privacy rights; or (e) activity that takes place through your account, whether or not you authorized it.
We may take over the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you agree to cooperate with that defense. You will not settle any such matter in a way that imposes an obligation or admission on us without our prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND AGM APPS TO RESOLVE MOST DISPUTES BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT CONTAINS A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AT NO COST — SEE SECTION 13.9.
These Terms, and any dispute arising out of or relating to them or to the App, are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Sections 13.3 through 13.9 are governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
KG Charge is used mainly outside the United States. Nothing in this Section deprives you of the protection of the mandatory consumer-protection provisions of the law of the country where you habitually reside, and you may bring proceedings in the courts of that country. If you are a consumer resident outside the United States, Sections 13.3, 13.4, and 13.5 do not apply to you.
Before starting arbitration or any other formal proceeding, you and AGM Apps agree to try in good faith to resolve the dispute informally for at least sixty (60) days. To begin, send an individually signed Notice of Dispute to [email protected] with the subject line "Notice of Dispute," containing: (a) your full name and mailing address; (b) the email address or account you use with the App and roughly when you started using it; (c) a specific description of what happened and why you believe you have a claim; and (d) the specific relief you want, including any amount. A Notice submitted on behalf of multiple users, or missing any of these elements, does not satisfy this Section and does not start the sixty-day clock. AGM Apps will send you an equivalent notice before starting any claim against you. Either party may ask for a telephone or video settlement conference, and the other will take part in good faith. Completing this process is a condition precedent to starting arbitration, and either party may ask a court to stay or halt a proceeding started without it. All applicable limitation periods are paused while this process is under way.
If a dispute is not resolved under Section 13.2, you and AGM Apps agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, your account, your contributions or anyone else's, our advertising, or any subscription — including claims that arose before you accepted these Terms, and claims arising after these Terms end — will be resolved exclusively by final and binding individual arbitration, and not in court, except as expressly provided in Sections 13.6 and 13.9.
Administrator and rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration begins. Those rules are at adr.org or by phone at 1-800-778-7879. A single arbitrator will preside. If AAA is unavailable or declines to administer the arbitration consistent with this Section, the parties will agree on a substitute administrator; failing agreement, a court of competent jurisdiction will appoint one.
Location and format. If your claim is for US $25,000 or less, the arbitration will be decided on the documents alone unless the arbitrator decides a hearing is needed. Any hearing may be held by telephone or video. Any in-person hearing will take place in the county or equivalent jurisdiction where you live, or somewhere else you and we agree on.
What the arbitrator can do. The arbitrator may award any individual relief a court could award under applicable law, including statutory damages, declaratory relief, and injunctive relief — but only in favor of, and only as far as needed to give relief to, the individual party seeking it. The award is final and binding, and judgment may be entered on it in any court of competent jurisdiction.
Fees. AAA's Consumer Arbitration Rules govern how filing, administrative, and arbitrator fees are allocated. If those rules require you to pay a filing fee and your claim seeks US $10,000 or less, AGM Apps will reimburse that filing fee on your written request, unless the arbitrator finds the claim was frivolous or brought for an improper purpose. Each party pays its own attorneys' fees and costs unless a statute or the award provides otherwise.
Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that it is void or voidable — except that only a court, and not an arbitrator, may decide any dispute about the enforceability, validity, or scope of the Class Action Waiver in Section 13.4.
YOU AND AGM APPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine the claims of more than one person and may not preside over any form of class or representative proceeding, except under the batching procedure in Section 13.5.
TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND AGM APPS EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver applies whether or not you opt out of arbitration under Section 13.9.
Blow-up provision. If a court or arbitrator decides that any part of this Section 13.4 is unenforceable as to a particular claim or a particular request for relief (for example, a request for public injunctive relief), that claim or request will be severed, brought in a court of competent jurisdiction, and stayed pending arbitration of everything else, and the rest of Section 13 stays in force. However, if the first paragraph of this Section 13.4 is held unenforceable as to all of your claims, then Sections 13.3, 13.4, and 13.5 are null and void in their entirety as to those claims, and the dispute will be resolved in court under Section 13.6. Under no circumstances do the parties consent to class, collective, consolidated, or representative arbitration. This paragraph controls over the general severability provision in Section 15.
If twenty-five (25) or more Notices of Dispute or arbitration demands raising substantially similar claims are submitted against AGM Apps within any ninety (90) day period by or with the help of the same law firm, group of firms, or otherwise coordinated counsel, the parties agree those claims will be administered under AAA's Mass Arbitration Supplementary Rules and resolved in sequential batches of no more than fifty (50) claimants. Each batch proceeds as a single arbitration before a single arbitrator, with one set of administrative fees and one filing. Claimants' counsel and AGM Apps will each choose an equal number of claims for each batch. All limitation periods stay paused for claims waiting to be assigned to a batch. If a court finds this Section unenforceable, the parties will nonetheless proceed under AAA's Mass Arbitration Supplementary Rules. Batching is a procedural cost-control measure and is not an admission by any party.
Despite the above: (a) either party may bring an individual claim in a small-claims court that has jurisdiction, so long as it stays an individual claim there; (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to stop actual or threatened infringement or misappropriation of intellectual property, or unauthorized access to our systems or database; and (c) either party may bring an action to compel arbitration or to enforce an award.
For any claim not subject to arbitration, and for all claims if Sections 13.3 through 13.5 are held unenforceable or you opt out under Section 13.9, you and AGM Apps consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Florida, United States, and each party waives any objection to that venue, including on grounds of forum non conveniens — except where applicable mandatory consumer-protection law entitles you to bring proceedings where you live.
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the App must be started within one (1) year after the claim accrues, or it is permanently barred. This Section does not apply where the law of your jurisdiction prohibits shortening the limitation period.
If we materially change this Section 13 after you first accept these Terms, the change will not apply to any dispute for which a Notice of Dispute was delivered before the change took effect. You may reject the change by emailing [email protected] within thirty (30) days after it takes effect, in which case the version of this Section in effect immediately before the change continues to govern disputes between us.
You can decline arbitration and keep your right to go to court. Email [email protected] with the subject line "Arbitration Opt-Out" within thirty (30) days after you first accept these Terms — or, if you were already using the App before the Last Updated date shown at the top of this page, within thirty (30) days after that date. Include your full name, the email address or account you use with the App, and a clear statement that you are opting out of the arbitration agreement. Opting out is free, takes effect when we receive it, applies only to you, and will not affect your account, your ability to contribute, your subscription, or any feature whatsoever. If you opt out, Sections 13.3 and 13.5 and the class action waiver in the first paragraph of Section 13.4 do not apply to you; the jury trial waiver in Section 13.4 and Sections 13.1, 13.6, and 13.7 continue to apply.
We are not responsible for any delay or failure to perform caused by something outside our reasonable control — including natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, labor dispute, government action, power or network failure, or the failure, suspension, or discontinuation of a third-party service the App depends on, such as an app store, map or geocoding provider, authentication provider, hosting or database provider, ad network, or payment processor. If such an event continues long enough that the App can no longer reasonably be provided, either of us may stop performing without liability.
You may not assign or transfer these Terms, or any right or obligation under them, without our prior written consent, and any attempt to do so is void. We may assign these Terms in whole or in part — for example to a successor in connection with a merger, acquisition, reorganization, or sale of the assets relating to the App — on notice to you. These Terms bind and benefit each party's permitted successors and assigns.
If we do not enforce a provision of these Terms, that is not a waiver of our right to enforce it later. A waiver is effective only if we put it in writing, and it applies only to the specific instance it names.
We may give you notice by a message inside the App, by email to the address on your account, or by posting to this page, and that notice is effective when sent or posted. Keep your account email address current — notices sent to it count as delivered. Send notices to us at [email protected]; they take effect when we receive them. A Notice of Dispute under Section 13.2 and an arbitration opt-out under Section 13.9 must follow the specific requirements set out in those Sections.
The App is subject to United States export control and economic sanctions laws, including the Export Administration Regulations and the regulations administered by the U.S. Treasury Department's Office of Foreign Assets Control. You represent that you are not located in, and are not a national or resident of, any country or region subject to a U.S. embargo or comprehensive sanctions; that you are not listed on any U.S. government list of prohibited or restricted parties; and that you will not export, re-export, or otherwise transfer the App in violation of those laws.
These Terms do not create any partnership, joint venture, employment, or agency relationship between you and AGM Apps. Contributors act on their own behalf, not as our representatives. Section headings are for convenience only and do not affect how these Terms are interpreted. Except for Apple's rights under Section 16, these Terms do not create any third-party beneficiary rights.
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the greatest extent permitted and the remaining provisions will remain in full force and effect. The blow-up provision in Section 13.4 controls over this paragraph where it applies.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and AGM Apps regarding the App and supersede any prior understanding on that subject.
This section applies because the App is downloaded from the Apple App Store.
These Terms are between you and AGM Apps, not Apple. Apple is not responsible for the App or its content, including any charger information contributed by users.
The license granted is limited to use of the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
AGM Apps is solely responsible for providing any maintenance and support services for the App. Apple has no obligation to furnish any maintenance or support services.
AGM Apps is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
AGM Apps, not Apple, is responsible for addressing any claims relating to the App or your use of the App, including but not limited to: (i) product liability claims; (ii) claims that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, AGM Apps, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
We may update these Terms from time to time. When we do, the "Last Updated" date above will be revised, and significant changes will be communicated through an App update or in-app notice. Continued use of the App after changes take effect constitutes acceptance of the updated Terms. Changes to Section 13 are governed by Section 13.8.
Questions about these Terms? Contact us:
[email protected]Developer: AGM Apps · agmapps.net