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Home Joint Office of Energy and Transportation

Electric Vehicle Charging Analytics and Reporting Tool (EV-ChART) Terms of Use

Effective February 1, 2024. As required under PART 680—NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE ("NEVI") STANDARDS AND REQUIREMENTS, of Title 23 of the Code of Federal Regulations, recipients of funding for all NEVI Formula Program projects as well as projects for the construction of publicly accessible EV chargers that are funded with funds made available under Title 23, United States Code, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway, are required to submit certain data in a manner prescribed by the Federal Highway Administration ("FHWA"). You are providing information to EV-ChART on EV charging infrastructure data required to be submitted by direct funding recipients as described in 23 CFR 680.112(a), (b), and (c), FHWA's National Electric Vehicle Infrastructure Standards and Requirements.

By using EV-ChART, you consent to these Terms of Use. These Terms of Use explain how, on behalf of the U.S. Department of Energy ("DOE") and the U.S. Department of Transportation ("U.S. DOT"), the Joint Office of Energy and Transportation ("Office," "we," or "us") collects, uses, and shares information submitted by you when you use the EV-ChART website or any web application, application programming interface ("API"), or web tool hosted on the EV-ChART website (collectively "EV-ChART"), or when you otherwise interact with us or receive a communication from us about EV-ChART.

By providing any information discussed herein, you represent and warrant to the Office that you are authorized to disclose such information for the purposes set forth in these Terms of Use. By submitting information to the Office via or in association with EV-ChART, you also represent and warrant to the Office that you grant us permission to use data submitted by you in EV-ChART if we choose. Unless otherwise stated herein, or unless you choose to provide such information to us, we collect no personal information about you or other information from you when you visit or use EV-ChART. Furthermore, unless otherwise stated herein, we will not sell or otherwise share any personal information about you with any third parties.

System Requirements

You are solely responsible for ensuring that your systems meet the hardware, software, and any other applicable system requirements for EV-ChART. The Office will have no obligations or responsibility under this Agreement for issues caused by your use of any third-party hardware or software not provided by the Office.

Account Creation

There will be three account access levels:

  • Joint Office ("JO"): Granted to DOE, U.S. DOT, the Office, and designated contract staff. This user account level has full access to all application data; and

  • Direct Recipient ("DR"): Granted to users whose organization is the direct Federal funding recipient. This account level has access to the Direct Recipient's own data and Sub Recipient/Contractor data submitted on behalf of the Direct Recipient; and

  • Sub Recipient/Contractor ("SR"): Granted to users who are authorized sub recipients or contractors of direct Federal funding recipients. This account level has access to the Sub Recipient/Contractor's own data only.

You are solely responsible for maintaining the confidentiality of the password and username provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to promptly notify the Office if you discover or suspect any unauthorized use of your account or any other breach of security. You may not license, sell, or transfer your account without prior written permission from the Office.

Data Collection

The objectives of EV-ChART are to meet regulatory requirements in a streamlined and standardized fashion and integrate a set of reporting and analytic capabilities that fulfill the Office requirement in title VIII of division J of the Infrastructure Investment and Jobs Act (Pub. L. 117-58) (Nov. 15, 2021) to conduct "data sharing of installation, maintenance, and utilization in order to continue to inform the network build out of zero emission vehicle charging and refueling infrastructure…" 135 Stat. 429, 1425. To support this requirement, EV-ChART facilitates the collection and storage of data on EV charging infrastructure funded under the NEVI Formula Program, as well as projects for the construction of publicly accessible EV chargers funded under Title 23, United States Code ("U.S.C."), including an EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. This collection includes data on charging station use, business participation, reliability, and cost information as described in 23 CFR 680.112.

Data Use

Collected data are used to produce reports, conduct analysis, and conduct program monitoring, assessment, and future planning activities. The data will also be used to inform the network build out of zero emission vehicle charging and refueling infrastructure. EV-ChART also uses the data to provide a public-facing dashboard for communication of aggregated, anonymized information in accordance with part 680, to provide transparency and demonstrate effective use of Federal funds.

Data Sharing

DOE, U.S. DOT, and the Office will be able to view and download all EV charging infrastructure data submitted to EV-ChART. Designated contractors and DOE National Laboratories may also have access to the data as contractors supporting the Office's management and operation of EV-ChART.

"DR" user accounts will only be able to provide access to data within their organization and/or contractors supporting their organization, and with the public (in alignment with the protection standards described above). "SR" user accounts will only be able to provide access to data that they themselves have submitted to EV-ChART.

"JO" user accounts will be able to share the data within the Office, DOE and DOT, and with the public (in alignment with the protection standards described above). Using all the data submitted into EV-ChART, users under the "JO" account will be able to create a public-facing dashboard and publish reports on topics such as national EV charging reliability and grid impacts. Any data shared from a "JO" account with the public will first be aggregated and anonymized.

Data Disclosure

Notwithstanding anything to the contrary herein, the Office reserves the right to disclose collected data when we believe, in good faith, disclosure is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves and others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of EV-ChART and any facilities or equipment used to make EV-ChART available, (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others, (vi) comply with the audit, inspection, and copying requirements of the United States Government, or (vii) comply with relevant open records laws. We also may disclose your data as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent. We will make reasonable efforts to inform you of how we are going to use your data. We will achieve this through these Terms of Use and by informing you how your data is used each time it is collected.

Endorsement Disclaimer

Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by DOE, U.S. DOT, or the Office. The views and opinions expressed in any data, text, drawings, calculations and/or graphical and other images (hereinafter "Information") do not necessarily state or reflect those of DOE, U.S. DOT, or the Office.

INDEMNIFICATION

EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO INDEMNIFY THE U.S. GOVERNMENT, DOE, U.S. DOT, THE OFFICE, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY THIRD-PARTY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR YOUR USE OF EV-CHART.

DISCLAIMER OF WARRANTIES

EV-CHART AND THE DATA AVAILABLE VIA EV-CHART 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. NEITHER THE OFFICE, DOE, DOT, AND THE UNITED STATES GOVERNMENT NOR ANY OF THEIR EMPLOYEES, OFFICERS, OR CONTRACTORS MAKE ANY WARRANTIES THAT EV-CHART OR ANY DATA AVAILABLE VIA EV-CHART IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. THE OFFICE DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY DATA PROVIDED VIA EV-CHART OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE THE OFFICE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF EV-CHART SAFE, THE OFFICE DOES NOT REPRESENT OR WARRANT THAT EV-CHART OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE OFFICE NOR ANY THIRD-PARTY PROVIDERS OF DATA AVAILABLE VIA EV-CHART HAVE ANY OBLIGATION TO PROVIDE UPDATES, SUPPORT, CONSULTING, TRAINING, OR ASSISTANCE OF ANY KIND WHATSOEVER WITH REGARD TO ANY DATA AVAILABLE VIA EV-CHART OR USE THEREOF.

NEITHER THE OFFICE, DOE, DOT, AND THE UNITED STATES GOVERNMENT NOR ANY OF THEIR EMPLOYEES, OFFICERS OR CONTRACTORS ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION, OR OF ANY APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENT THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED INTELLECTUAL PROPERTY RIGHTS. THE INFORMATION PRESENTED IN EV-CHART SHOULD NOT BE USED AS THE ONLY SOURCE OF INFORMATION WHEN MAKING PURCHASING DECISIONS, INVESTMENT DECISIONS, OR PROJECT DEVELOPMENT DECISIONS, OR WHEN EXECUTING OTHER BINDING AGREEMENTS. WHILE THE OFFICE STRIVES TO PROVIDE THE BEST INFORMATION POSSIBLE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION. THE OFFICE DISCLAIMS ALL LIABILITY OF ANY KIND ARISING OUT OF YOUR USE OR MISUSE OF THE INFORMATION CONTAINED OR REFERENCED ON EV-CHART WEBPAGES.

LIMITATION OF LIABILITY

NEITHER DOE, U.S. DOT, NOR THE JOINT OFFICE SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS ASSOCIATED WITH THE LOSS OF DATA OR PROFITS, WHICH MAY RESULT FROM AN ACTION IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS CLAIM THAT ARISES OUT OF OR IN CONNECTION WITH THE ACCESS, USE, OR PERFORMANCE OF EV-CHART.

IN NO EVENT SHALL THE OFFICE, DOE, DOT, THE U.S. GOVERNMENT, OR ANY THIRD PARTY PROVIDER OF DATA AVAILABLE VIA EV-CHART, NOR ANY OF THEIR OFFICERS, AGENTS, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (BUT NOT LIMITED TO) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THESE TERMS, EV-CHART, OR ANY DATA AVAILABLE VIA EV-CHART. ACCESS TO, AND USE OF, EV-CHART IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ABOVE ENTITIES EXCEED TEN U.S. DOLLARS ($10). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE ABOVE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Termination

The Office has no obligation to continue to support, maintain, or operate EV-ChART and may cease to do so or terminate EV-ChART at any time with or without notice to the users of EV-ChART. The Office may immediately terminate your access to EV-ChART and, should you have an account on EV-ChART, may immediately terminate your account, for any reason (or for no reason), without warning. You may terminate your account at any time, for any reason, by submitting a request through https://driveelectric.gov/contact or by calling 833-600-2751. Even after termination, the Indemnification, Disclaimer of Warranties, Limitation of Liability, Governing Law and Jurisdiction, and General sections will remain in effect.

Governing Law and Jurisdiction

Any claims arising out of or relating to these Terms or EV-ChART will be governed exclusively by the laws of the United States of America, without giving effect to conflict of laws principles.

General

These Terms of Use and any posted rules on EV-ChART constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by the Office of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms will be binding upon and inure to the benefit of the Office and its successors, trustees, and permitted assignees. The Office may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.

The Office may make changes to these Terms of Use from time to time. If we make changes, we will post the amended Terms of Use to EV-ChART and update the Effective Date above. By continuing to access or use EV-ChART on or after the Effective Date of the revised Terms of Use, you agree to be bound by the revised Terms of Use. If you do not agree to the revised Terms of Use, you must stop accessing and using EV-ChART before the changes become effective. You are responsible for checking the Terms of Use for changes and your continued use of EV-ChART constitutes acceptance of updated Terms of Use.

Rules of Behavior

By accepting this Terms of Use, I agree to the following:

  • I will not knowingly introduce any malicious code into the Office, DOE or DOT computer systems nor will I attempt to bypass or circumvent its security features.
  • I will protect all passwords issued to me and will not disclose them to anyone. I will change my password immediately when I suspect that my password may have been compromised. I will not store any User-Id or Passwords in the Internet Explorer AutoComplete feature or in any file on my workstation.
  • I will immediately notify the appropriate system administrator or other designated access control manager when I no longer require access to the Office, DOE or DOT systems because of transfer, completion of project, retirement, or termination of employment.
  • I will protect sensitive unclassified information from unauthorized access, disclosure, modification, misuse, damage, or theft regardless of where it is processed or stored.
  • I understand that as a user of the Office, DOE or DOT systems, I may have access to sensitive information including but not limited to passwords, PINs, financial account names/numbers and must protect that information from unauthorized disclosure. This includes not only securing information printed from the Office, DOE or DOT systems but ensuring that sensitive information displayed on my computer monitor is not visible to unauthorized individuals. I further understand that to protect sensitive information, I may have to locate my computer monitor or workstation screen away from doors, windows, or other openings in my work environment.
  • I will not disclose confidential data obtained through the Office, DOE or DOT systems to anyone other than personnel who are authorized to view this data.
  • I will not try to access systems or data to which access has not been authorized and I understand that I will be held accountable for my actions on the Office, DOE or DOT systems.
  • I will immediately notify the Office and appropriate system owner of any security incident or violation.
  • Personnel accessing social media/networking sites from organizational information systems will ensure that no confidential data/information obtained through the Office, DOE or DOT application will be shared external to the organization.

Federal law provides for punishment consisting of a fine under Title 18, U.S. Code and up to 10 years in jail for intentionally accessing a government information system without authorization, and altering, damaging, or destroying information, or preventing authorized use of the system.

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