EV Initiative: Terms of Service

1. Who we are and what these terms cover

EV Initiative, Inc. ("EV Initiative," "we," "us," "our") is a California corporation that operates a software platform for electric vehicle charging. These Terms of Service ("Terms") govern your use of our mobile and web applications, our websites, and the services we provide through them (together, the "Platform").

These Terms apply to you as a driver using the Platform to find and use charging stations. If you participate in one of our programs, additional terms apply and are incorporated into these Terms by reference:

• Host Program Terms, if you make a charger you own available to other drivers.
• Sales Partner Program Terms, if you resell and deploy hardware for commission.
• Fleet Terms, if your charging is sponsored by a fleet account.
• Carbon Credit Program Terms, where you participate in credit generation.

Two further documents also form part of these Terms and apply to everyone:

• Payout Terms, if you receive any payment from us.
• AI Assistant Terms, governing your use of the assistant in the Platform.

Where a program term conflicts with these Terms on a matter concerning that program, the program term controls.

2. Accepting these terms

You accept these Terms by creating an account, by accepting them in the Platform, or by using the Platform. If you do not agree to them, do not use the Platform.

We version these Terms and record your acceptance of each version. When we make a material change we will present the new version in the Platform and ask you to accept it. Continued use of the Platform after a non-material change constitutes acceptance of that change. A material change will not be applied retroactively to a transaction you have already completed.

3. Eligibility and your account

You must be at least 18 years old and able to form a binding contract. You must provide accurate account information and keep it current.

You are responsible for all activity under your account, including activity by anyone you permit to use it. Keep your credentials secure and notify us promptly at support@evinitiative.com if you believe your account has been compromised. We support multi-factor authentication and require it on administrative accounts.

You may not create an account on another person's behalf without their authority, share an account, or use the Platform if we have previously terminated your access.

4. What the Platform is, and what it is not

This section defines our role. It determines who is responsible for what.

We provide software. We operate the network that lets you locate chargers, authorize a charging session, meter that session, and settle payment for it.

We do not own, install, maintain or operate most charging equipment. Chargers on the network belong to third parties: commercial site operators, property owners, and individual homeowners (each a "Host"). A Host controls their equipment, their premises, their pricing within the range the Platform permits, and physical access to their property.

We are not a party to the arrangement between you and a Host. When you charge at a Host's charger, the electricity and the physical charging service are provided by that Host. We provide the software layer and process the payment.

We are a payment facilitator and not the merchant of record for a charging session. Funds for a session move from your payment method, through our payment processor, to the Host, less our platform fee. We are not a bank, a money transmitter, or a lender. We do not accept deposits. Amounts you add to a Platform wallet are prepaid amounts applied to charging on the Platform, are not deposits, and earn no interest.

We do not supply electricity. We make no representation about the source, quality, or carbon intensity of electricity delivered at any charger.

5. Charging sessions

Availability. Charger availability shown in the Platform reflects the most recent data we have received from that charger. It may be inaccurate or out of date, particularly where a charger has lost network connectivity. We do not guarantee that any charger will be available, functional, or physically accessible when you arrive.

Starting a session. You may start a session in the Platform, with an RFID credential, or by another method we make available. Starting a session authorizes us to charge your selected payment method as described in Section 6.

Pricing. Before you start a paid session, the Platform displays the price that applies, including the energy rate, any Host markup, any applicable fee, and applicable taxes. The price displayed when you start a session is the price that applies to that session.

During a session. We, a Host, or the charger itself may stop a session for reasons of safety, technical fault, regulatory requirement, or account status, including where your payment method is declined or your available balance is exhausted.

Interrupted sessions. If a session is interrupted by a loss of connectivity or a charger fault, we will close the session and bill only for energy we can evidence was delivered. Where we cannot evidence delivered energy, we will not bill for it.

Idle and connection fees. Where a Host has configured them, a fee may apply for occupying a charger after charging has completed, or as a fixed connection fee. Any such fee is disclosed before you start the session.

6. Payments, holds and refunds

Payment methods. You may pay by saved payment card, by Platform wallet balance, or through a fleet account where one sponsors your charging.

Pre-authorization holds. When you start a session paid by card, we place a temporary authorization hold on that card. The hold is an estimate sized from the charger's capability and the applicable rate. It is not a charge. It is released or adjusted when the session settles. The timing of release is controlled by your card issuer and not by us. A charger that cannot bill you anything will not place a hold.

Settlement. When a session ends we calculate the amount due from metered energy, elapsed time where a time-based rate applies, and any applicable fee or tax. We then capture that amount from your authorization, debit your wallet, or bill the sponsoring fleet.

Wallet. Wallet funds may be used for charging on the Platform. Wallet balances are denominated in a single currency per account, are not transferable between accounts, and are not redeemable for cash except where applicable law requires. Unused balances are handled in accordance with applicable unclaimed property law.

Failed payments. If a payment fails we may prevent you from starting new sessions until the balance is resolved. Repeated failures may result in suspension of your account.

Refunds and billing disputes. Contact support@evinitiative.com if you believe a session was billed incorrectly. We investigate using session data including metered energy and charger telemetry. Where a session did not deliver the energy billed, we will correct it. Because we are not the merchant of record for a session, refunding the Host's portion may require the Host's cooperation, which we will facilitate. Nothing in these Terms limits any right you have to dispute a charge with your card issuer.

7. Subscriptions and automatic renewal

Some Platform products are sold on a recurring subscription. Where you purchase one:

• the subscription term, the recurring price, and the billing interval are disclosed before you purchase;
• the subscription renews automatically at the end of each term at the then-current price until you cancel;
• we will charge your payment method on file at the start of each renewal term;
• you may cancel at any time in the Platform or by emailing support@evinitiative.com, and cancellation takes effect at the end of the current term;
• we will notify you in advance of a price increase and you may cancel before it takes effect;
• cancelling stops future renewals and does not entitle you to a refund of the current term except where applicable law requires.

California residents may cancel a subscription by the same means used to purchase it.

8. RFID credentials

Where we issue an RFID card or similar physical credential, it is tied to your account and you are responsible for sessions started with it. Report a lost or stolen credential promptly so we can deactivate it. We may deactivate a credential where we suspect misuse.

9. Fleet-sponsored charging

If your charging is sponsored by a fleet account, sessions you start in fleet mode are billed to the fleet and not to you. Your personal payment method is not the payer of last resort for a fleet-sponsored session.

The fleet account holder determines which chargers, times and limits apply to you, and can see charging activity attributed to your fleet identity. We are not responsible for the arrangement between you and the fleet account holder, including any reimbursement, tax treatment, or employment matter arising from it.

10. Rewards, points, tiers and games

Points have no cash value. Points, tiers, badges and similar Platform rewards are promotional. They have no cash value, are not property, are not transferable except where the Platform expressly permits, and confer no vested right. They may be adjusted, expired or revoked to correct an error, to address abuse, or where an underlying transaction is reversed.

Redemption. Where the Platform permits points to be redeemed for charging credit or another benefit, redemption is subject to the terms displayed at the time of redemption and to availability.

Games. Some Platform themes include a game. Game scores, in-game points, ranks and unlocks are entertainment features. They are entirely separate from Platform rewards points, have no cash value, cannot be redeemed for anything, and confer no benefit outside the game. Game progress may be reset, lost or changed, including by a Platform update. Where a leaderboard is available, your display name and score may be visible to other users you are connected with.

Abuse. We may investigate and act on activity designed to generate rewards without genuine use of the Platform, including automated activity, artificial sessions, and coordinated schemes.

11. Hosts and residential charging

If you use a charger at a residence or other private property, you are on private property at the invitation of the Host and subject to their rules. The Host, not EV Initiative, controls access, hours, and conduct on their property. Damage to your vehicle, damage to the Host's property, and personal injury occurring at the site are matters between you and the Host.

If you are a Host, the Host Program Terms govern your participation, including revenue share, payouts, your pricing controls, and your responsibilities to guests and for your equipment and premises.

12. Hardware purchases

Hardware sold through our store is sold subject to the terms of sale, warranty and return policy presented at the time of purchase. Manufacturer warranties, where they exist, are provided by the manufacturer and pass through on the manufacturer's terms. Installation is not included unless expressly stated. Electrical installation must be performed by a qualified, licensed professional in accordance with all applicable codes.

13. Acceptable use

You may not:

• use the Platform for any unlawful purpose or in violation of any applicable regulation;
• interfere with, damage, tamper with, or attempt to bypass any charger, meter, credential or security control;
• resell charging accessed through your account except where the Platform expressly permits;
• access the Platform by automated means except through an interface we provide for that purpose;
• attempt to gain unauthorized access to any account, system or data;
• reverse engineer, decompile or extract source code from the Platform, except to the extent applicable law expressly permits and that right cannot be waived;
• misrepresent your identity, your authority, or your affiliation with us;
• submit content that is unlawful, infringing, or harmful.

We may investigate suspected violations and take action including warning, suspension, termination, and referral to law enforcement.

14. Your data and privacy

Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms. Additional notices apply to residents of California and of Canadian provinces.

Operating the Platform necessarily involves processing charging data: session times, energy delivered, charger and location identifiers, payment records, and, where you enable it, device location. Some of this data is shared with the Host whose charger you used, with our payment processor, and where required with regulators and program administrators.

AI assistant. The Platform includes an artificial intelligence assistant. Its use is governed by our AI Assistant Terms, which form part of these Terms. In summary, and without limiting that document: the assistant is software and can be wrong; nothing it says binds us or varies these Terms, and where its output conflicts with a document or a figure shown in the Platform, the document or the figure controls; it is not a source of legal, tax, financial, engineering or safety advice; an action it takes at your instruction is treated as your action; conversations are processed by third-party model providers and retained as described in our Privacy Policy; and you should not enter payment credentials, government identification numbers, health information, or anything you are obliged to keep confidential for someone else.

15. Intellectual property

The Platform, including its software, design and content, is owned by EV Initiative or its licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose. You may not copy, modify, distribute, sell or lease any part of it.

"EV Initiative," "EVII," and our logos are our marks. You may not use them without our prior written permission.

Feedback and suggestions you send us may be used by us without restriction or compensation.

16. Third-party services

The Platform depends on third-party services including payment processing, mapping and communications. Your use of those services may be subject to their own terms. We are not responsible for third-party services, and a failure in one may affect Platform availability.

17. Availability, changes and suspension

We do not guarantee uninterrupted availability. We perform maintenance, deploy changes, and may modify or discontinue features. Where practicable we will give reasonable notice of a material adverse change to a paid feature.

We may suspend or terminate your access, with or without notice, for breach of these Terms, suspected fraud or abuse, non-payment, risk to safety or to the network, or where required by law.

You may close your account at any time. Amounts you owe survive closure. Closure does not entitle you to a refund of a wallet balance except as required by law.

18. Disclaimers

The Platform is provided "as is" and "as available." To the maximum extent permitted by applicable law, we disclaim all warranties, express, implied and statutory, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from a course of dealing.

Without limiting the foregoing, we do not warrant that:

• any charger will be available, functional, compatible with your vehicle, or deliver any particular rate of charge;
• charger status, availability, or pricing information will be accurate or current;
• the Platform will be uninterrupted, secure, or free of error;
• any reward, credit, or program benefit will remain available.

Charging outcomes are affected by factors outside our control. Connector standards, your vehicle's onboard charger limits, battery state of charge, ambient temperature, and power sharing between chargers all affect charging speed and completion. We do not warrant any charging outcome, and we are not responsible for damage arising from charger malfunction or from electrical conditions at a Host's site.

Some jurisdictions do not permit the exclusion of certain warranties. Where that is the case, the exclusions in this section apply only to the extent permitted.

19. Limitation of liability

To the maximum extent permitted by applicable law:

Indirect damages are excluded. We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, loss of use, or loss of goodwill, whether the claim is based in contract, tort, negligence, strict liability or otherwise, and even if we were advised of the possibility.

Aggregate liability is capped. Our total aggregate liability arising out of or relating to these Terms or the Platform is limited to the greater of the total platform fees you paid to us in the twelve months preceding the event giving rise to the claim, or one hundred United States dollars.

These limits do not apply to liability that cannot be limited under applicable law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct where applicable law prohibits limitation.

The limitations in this section are a fundamental basis of the agreement between us and apply even if a limited remedy fails of its essential purpose.

20. 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 use of the Platform; your breach of these Terms; your violation of applicable law or of the rights of a third party; and, if you are a Host, any claim arising from your equipment, your premises, or your arrangement with a guest.

21. Resolving disputes

21.1 Informal resolution first

Before beginning any formal proceeding, contact us at legal@evinitiative.com with a description of the dispute and the relief you seek. We will work in good faith to resolve it within sixty days of receiving your notice. Most disputes are resolved at this stage.

21.2 If you reside in the United States

Binding arbitration. If informal resolution does not resolve the dispute, you and we agree that any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except as set out below.

Class action waiver. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

Your right to opt out. You may opt out of this arbitration agreement by sending written notice to legal@evinitiative.com within thirty days of first accepting these Terms, stating your name, the email address on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not affect your use of the Platform.

Exceptions. Either party may bring a qualifying claim in small claims court. Either party may seek injunctive relief in court to protect its intellectual property or to prevent unauthorized access to the Platform.

Where arbitration takes place. Arbitration will be conducted in the county of your residence, or by telephone or written submission at your election, or at another location we agree.

Costs. We will pay arbitration filing and administrative fees to the extent the AAA Consumer Arbitration Rules require, and will pay them in full for any claim under ten thousand United States dollars.

Severability of this section. If the class action waiver is held unenforceable as to a particular claim, that claim will proceed in court and the remainder of this arbitration agreement continues to apply to all other claims.

21.3 If you reside in Canada

The arbitration agreement in Section 21.2 does not apply to you.

If informal resolution does not resolve the dispute, it will be determined by the courts of the province or territory in which you reside, and you and we submit to the non-exclusive jurisdiction of those courts. Nothing in these Terms restricts any right you have to bring a claim before a consumer protection tribunal or similar body in your province or territory, or to participate in a class proceeding where provincial law provides that right.

21.4 If you reside elsewhere

Disputes will be determined by the courts of the State of California, and you and we submit to their jurisdiction, except where mandatory law in your place of residence requires otherwise.

21.5 Time limit

Any claim must be brought within one year after it arises, except where applicable law provides a longer period and that provision cannot be waived.

22. Governing law

If you reside in the United States, these Terms are governed by the laws of the State of California, without regard to its conflict of laws rules.

If you reside in Canada, these Terms are governed by the laws of the province or territory in which you reside and the federal laws of Canada applicable there.

In all cases, nothing in these Terms deprives you of the protection of mandatory consumer protection law in your place of residence.

23. General

Entire agreement. These Terms, together with the Privacy Policy and any program terms that apply to you, form the entire agreement between us regarding the Platform.

Severability. If a provision is held unenforceable, the remainder continues in effect and that provision is modified to the minimum extent necessary to make it enforceable.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including electrical grid failure, natural disaster, and government action.

Notices. We may give notice through the Platform, by email to the address on your account, or by posting on our website. Notices to us go to legal@evinitiative.com.

Survival. Sections concerning payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution and governing law survive termination.

24. Accessibility

We work to make the Platform usable by people with disabilities. If you encounter a barrier, or need information in an alternative format, contact support@evinitiative.com and we will work with you to provide it.

25. Contact

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

---

Notices for California residents

California residents have the rights described in our California Privacy Notice, including the rights to know, delete, and correct personal information, and to opt out of its sale or sharing.

Under California Civil Code section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

---

Notices for Canadian residents

Privacy. Personal information of Canadian residents is handled in accordance with the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation, as described in our Privacy Policy.

Language. These Terms are provided in English. A French-language version is available on request at legal@evinitiative.com.

Consumer protection. Nothing in these Terms limits any right or remedy available to you under the consumer protection legislation of your province or territory.

Accessibility in Ontario. Ontario residents may request information about the Platform in an accessible format, or request an accommodation, by contacting support@evinitiative.com.