Terms and Conditions
Access to this website www.nxu.inc (the "Site") is provided only in accordance with these Website Terms of Use (the “Terms”).
These Terms were last updated on April 6, 2023.
Please read these terms carefully
Access to and use of the Site is subject to you accepting and agreeing to comply with these Terms and our Acceptable Use Policy. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable notices, and that they comply with them. If you are accessing our Site on behalf of an organization, an authorized representative of that organization must agree to these terms.
Who we are and how to contact us
This Site is owned and operated by NXU, Inc. and its affiliate, Atlis Motor Vehicles, Inc. When we speak of “NXU,” “ATLIS”, “we”, “us” and “our” in these Terms, we mean NXU, Inc and all of its affiliates.
NXU is registered in the state of Delaware. You can contact us about any matters relating to our Site at [email protected]
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our Site:
Our Privacy Policy, which sets out how we may collect and use your personal information.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
If you place a vehicle order or purchase additional services via our Site, separate terms may apply. For example, you will be required to enter into a separate contract with us to reserve and/or purchase a vehicle.
Vehicle configurator webpages: If you are using a vehicle configurator tool via our Site, the following Terms also apply:
No representation, warranty or promise: The information provided on our vehicle configurator webpages is based on pre-production vehicles (including any computer-generated images). The design, technical specifications and available options in the configured vehicle are subject to change. NXU makes no representation, warranty or promise of any kind in respect of the detail and information provided on the vehicle configurator webpages. Any reliance placed on the information provided on the vehicle configurator webpages is strictly at one’s own risk.
Battery estimate: Target battery capacity range estimations are based on NXU's computer engineering simulations. These simulated battery capacity ranges are to be used as an estimate and guide only. Battery capacity range figures will differ depending on the characteristics of the production vehicle. Actual battery capacity range varies with conditions such as external elements, driving behaviors, vehicle maintenance, lithium-ion battery age and state of battery health.
We may make changes to these terms
We reserve the right to amend these Terms from time to time. Please check these Terms before using our Site to ensure you understand the terms that apply to your use.
We may change, suspend or withdraw our Site
Our Site is made available as-is and free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may update, suspend or withdraw or restrict the availability of all or any part of our Site (and services accessed via our Site) for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
How you may use material on our Site
We are the owner or the licensee of all copyright, trade mark and other intellectual property rights in our Site, and in the material published on it. Those materials and works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use or reproduce any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on our Site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our user security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us [email protected].
User-generated content is not approved by NXU
Where our Site includes information and materials uploaded by other users of the Site (for example, if we facilitate bulletin boards or user reviews), any information and materials uploaded by others have not been verified or approved by NXU. The views expressed by other users on our Site do not represent NXU’s views or values.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us [email protected]
NXU's liability to you
Whether you are a consumer or a business /organization user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user or organization only:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it;
Our Site is provided ‘as-is’ and we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our Site; or (b) use of or reliance on any content displayed on our Site;
In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage;
If you are a consumer user:
Please note that our Site is provided as-is for your personal use only. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy
Uploading content or material to our Site
Whenever you make use of a feature that allows you to (i) upload information or content to, or store your information or content on, our Site; or (ii) share your content with, or otherwise contact us, or any other user via, our Site, you must comply with the standards set out in our Acceptable Use Policy (our “Standards”). You are solely responsible for securing and backing up your content and any information you choose to store on our Site.
You agree and warrant that any contribution / upload by you will comply with those Standards. You will be liable to us and indemnify us against any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant NXU the following license:
a worldwide, non-exclusive, royalty-free, transferable license to use, store, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media including to promote the Site or the service forever; and
a worldwide, non-exclusive, royalty-free, transferable license for other users, partners or advertisers to use the content for their purposes forever.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any content you add or upload to our Site if, in our opinion, it does not comply with the Standards set out in our Acceptable Use Policy.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on NXU’s part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the Standards set out in our Acceptable Use Policy
If you wish to link to, or make any use of content on our Site other than that set out above, please contact [email protected]
We may transfer this agreement to someone else
We may transfer the operation of the Site and our rights and obligations under these Terms to another organization (including outside NXU’s group).
Which country's law apply to any disputes?
These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Delaware law. We both agree to the exclusive jurisdiction of the trial courts of Delaware
Acceptable Use Policy
This Acceptable Use Policy sets out the content standards that apply when you upload any information or other content to www.nxu.com (our “Site”), make contact with NXU and other users on our Site, link to our Site, or interact with our Site in any other way.
Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to bully, insult, intimidate or humiliate any person;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with this Policy;
to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Site terms of use;
not to access without authority, interfere with, damage or disrupt:
any part of our Site;
any equipment or network on which our Site is stored;
any software used in the provision of our Site; or
any equipment or network or software owned or used by any third party.
Standards
These content standards (the “Standards”) apply to any and all material which you contribute to our Site (a “Contribution”), and to any interactive services associated with it. The Standards must be complied with in spirit as well as to the letter. The Standards apply to each part of any Contribution as well as to its whole. NXU will determine, in its discretion, whether a Contribution breaches the Standards.
A Contribution must:
be accurate (where it states facts) and genuinely held (where it states opinions);
comply with the law applicable in the US.
A Contribution must not:
be defamatory of, or likely to deceive, any person;
be obscene, offensive, hateful, inflammatory, threatening or likely to harass, upset, embarrass, alarm or annoy any other person;
bully, insult, intimidate, humiliate, promote sexually explicit material, include child sexual abuse material;
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promote illegal content or activity, or violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right, trade mark or other intellectual property right of any other person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
be in contempt of court;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
impersonate any person or misrepresent your identity or affiliation with any person;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse,
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
contain any advertising or promote any services or web links to other sites.
Breach of this policy
When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate. Failure to comply with this Acceptable Use Policy constitutes a material breach of our Site terms of use, upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use our Site;
immediate, temporary or permanent removal of any Contribution uploaded by you to our Site;
issue a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude NXU’s liability for all lawful action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
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