EV Initiative — Host Program Terms

1. What this agreement is

These Host Program Terms govern your participation as a Host in the EV Initiative Host Program, under which you make a charger you own or control available to other drivers on our network and receive a share of what they pay.

They apply in addition to our Terms of Service, our Payout Terms and our Privacy Policy. Where these Host Program Terms conflict with the Terms of Service on a matter concerning hosting, these Host Program Terms control. The Payout Terms govern how you are paid.

They apply whether your charger is at a private residence, a residential building, or a commercial site.

2. Eligibility, and the warranty you are giving us

You must own or control the charger and the premises where it is installed, or have the right from the owner to do what this agreement contemplates.

You warrant that you are permitted to host paid charging at that location. This is the most important representation in this agreement. By enrolling a charger you confirm that doing so does not breach:

• your lease or tenancy agreement;
• the rules, declaration or bylaws of a condominium corporation, strata, or homeowners association;
• any restrictive covenant or easement affecting the property;
• local zoning, planning or land use rules;
• any rule of your electricity provider, or any regulation governing the resale of electricity in your jurisdiction.

We do not verify any of this and we cannot. If you are unsure, ask your landlord, your board, or your municipality before you enrol. If it turns out you were not permitted, that is your exposure, not ours.

Your equipment must be lawfully installed. The charger must have been installed by a person properly licensed to install it, in accordance with all applicable electrical codes and permit requirements.

3. What you keep

You receive 90 percent of what guests pay for charging at your charger. We retain 10 percent as the platform fee.

There is no subscription, no monthly software charge, no per-charger fee, and no listing fee for participating in the Host Program.

Your own charging is free. When you charge at your own charger, the session settles at zero. The platform fee applies to guest revenue, not to your own use.

A Sales Partner commission, where one applies, comes out of our 10 percent and never out of your 90 percent. If a Sales Partner deployed your charger, you receive the same share as if they had not.

4. What you control

Price. You set a markup per kilowatt-hour on top of the energy rate. Before a guest starts a session, the Platform shows them the energy rate, your markup, applicable tax, and the combined total. You may change your markup at any time; the price a guest sees when they start a session is the price that applies to that session.

Hours. You set the windows during which guests may charge. Outside your window, a guest cannot start a session at your charger.

Free pass list. You may add up to one hundred people who charge free at your charger at any time. Your guest windows do not apply to them.

On and off. You may open your charger to guests and close it at any time.

We may constrain the range of a setting where necessary for safety, for regulatory reasons, or to protect drivers from a price that is not disclosed correctly.

5. Your equipment and its availability

You are responsible for keeping your charger in safe working order, connected to the network, and functioning as represented. That includes maintenance, repair, replacement of damaged parts, and keeping the network connection live.

A charger that is offline cannot be found, authorized, or used, and earns nothing while offline. We are not liable for revenue not earned during any period your charger is unavailable, whatever the cause.

If your charger presents a safety risk, repeatedly fails, or generates repeated driver complaints, we may suspend it from the network until the issue is resolved.

6. Your premises, your guests

You are responsible for your premises. Access, signage, lighting, surface condition, snow and ice, and the safety of the area around your charger are yours.

We are not a party to the arrangement between you and a guest. We provide the software layer and process the payment. The electricity and the physical charging service come from you.

Damage and injury are between you and the guest. That includes damage to a guest's vehicle, damage to your property caused by a guest, and any personal injury occurring at your site. We do not insure your property, your equipment, or your guests, and we do not adjudicate a dispute between you and a guest beyond assisting with session and payment records.

We strongly recommend you carry insurance appropriate to inviting members of the public onto your property, and that you confirm your existing policy covers it. Where you host at a commercial site, we may require evidence of commercial general liability coverage.

7. Payouts

Your share is paid in accordance with the Payout Terms, which require you to complete payout onboarding including identity verification before we can pay you. Revenue accrues while onboarding is incomplete and is paid once it completes.

You are responsible for all taxes on revenue you receive, including any sales, use, GST, HST or provincial tax that applies to supplying charging in your jurisdiction.

8. Data

You will receive data about sessions at your charger, including times, energy delivered, duration, and amounts paid. Where a guest is identifiable to you, you receive only what the Platform shows you.

You will use that data only to operate your charging site, to meet a legal or tax obligation, and to resolve a dispute about a session. You will not use it for your own marketing without the individual's consent, will not sell it, and will not combine it with other data to identify a driver beyond what the Platform shows.

We share data about your charger and your site with third parties where necessary to operate the Platform, and where required by law or by a programme in which you participate. Our Privacy Policy describes this.

9. Other programs

Where your charger is eligible and you choose to participate, additional programs may apply:

• Carbon Credit Program, governed by the Carbon Credit Program Terms, where credits are generated from energy delivered at your charger.
• Fleet charging, where a fleet account sponsors sessions at your charger.

Participation in each is separate and voluntary, and each has its own terms.

10. Acceptable conduct

You will not:

• misrepresent your charger's power, connector type, availability or location;
• set a price you have not disclosed, or attempt to collect payment outside the Platform for a session started on it;
• discriminate against a driver on any ground prohibited by law;
• interfere with metering, or misreport energy delivered;
• generate sessions other than through genuine charging use in order to earn revenue, receive a credit, or advance any programme threshold.

We may audit sessions at your charger and may withhold or reclaim revenue attributable to conduct described in this section.

11. Term, suspension and termination

Term. This agreement begins when you enrol a charger and continues until terminated.

By you. You may remove your charger from the Program at any time in the Platform. Sessions already run remain payable to you.

By us. We may suspend a charger or terminate your participation immediately for breach of these Host Program Terms, for a safety risk, for suspected fraud or manipulation, where a warranty in Section 2 proves untrue, or where required by law. We may otherwise terminate on thirty days' notice.

On termination. Revenue already accrued remains payable in accordance with the Payout Terms. Guests can no longer start sessions at your charger. Any carbon accrual that has not yet been realised is treated in accordance with the Carbon Credit Program Terms.

12. Disclaimers

The Platform is provided "as is." To the maximum extent permitted by applicable law we disclaim all warranties, express, implied and statutory.

We make no representation about your earnings. Nothing we publish is a projection or guarantee of revenue. What you earn depends on driver demand at your location, your pricing, your availability and factors outside our control.

We do not warrant that your charger will be found, that any driver will use it, that the Platform will be uninterrupted, or that any programme benefit will remain available.

13. Limitation of liability

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue or lost business opportunity.

Our total aggregate liability arising out of or relating to these Host Program Terms is limited to the total platform fees we retained from your charging revenue in the twelve months preceding the event giving rise to the claim.

These limits do not apply to liability that cannot be limited under applicable law, or to your obligations under Section 14.

14. Indemnification

You will indemnify and hold harmless EV Initiative and its officers, directors, employees and agents from any claim, loss, liability, damage, cost and expense, including reasonable legal fees, arising out of or relating to:

• your charger, its installation, its maintenance, or its failure;
• your premises, including any injury or damage occurring there;
• any claim by a guest arising from a session at your charger;
• any claim by a landlord, condominium corporation, homeowners association, neighbour or authority that your hosting was not permitted;
• your breach of these Host Program Terms or of applicable law.

15. Disputes and governing law

The dispute resolution and governing law provisions of our Terms of Service apply, including the split between arbitration for United States residents and the courts of your province for Canadian residents.

16. Changes

We may change these Host Program Terms. Where a change is material we will present the new version and ask you to accept it. A change to the revenue share will not apply to sessions already completed.

17. Contact

EV Initiative, Inc. hosts@evinitiative.com legal@evinitiative.com