Public Contract (Offerta)

1. General Provisions.

This document constitutes an open proposal (Offer) (hereinafter — the Agreement) of LIMITED LIABILITY COMPANY “ZARIADNI MEREZHI” (hereinafter — the Operator) and ECOFACTOR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (hereinafter — the Operator) for the use of software in the form of the “ECOFACTOR Network” mobile application, which provides Users with access to the ECOFACTOR network for the purpose of charging electric vehicles at charging stations forming part of the ECOFACTOR network, on the terms set out in this Offer.

In accordance with Articles 205, 634, 638-642 and 901-907 of the Civil Code of Ukraine and/or the legislation of the country in which the Offer is accepted, if the terms set out in the Offer are accepted by paying for services and/or performing conclusive actions in performance of the terms of this Offer, the person accepting the Offer becomes a User of the ECOFACTOR network and a Direct client of the Charging Station Owner or of the Operator for the charging of electric vehicles, with whom, by means of the “ECOFACTOR Network” mobile application, the User concludes an agreement on the provision of electric vehicle charging services (acceptance of the Offer constitutes conclusion of the Agreement on the terms established in the Offer).

2. Definitions of the Terms Used in the Agreement.

2.1. Territorial delimitation of the Operator:

– LIMITED LIABILITY COMPANY “ZARIADNI MEREZHI” operates as the Agent of the Charging Station Owner and, in certain cases provided for by the Agreement, carries out its own activities — within the territory of Ukraine;

– ECOFACTOR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ operates as the Agent of the Charging Station Owner and, in certain cases provided for by the Agreement, carries out its own activities — outside the territory of Ukraine.

2.2. User — any legally capable natural person, individual entrepreneur or legal entity who accepts this Offer and uses the “ECOFACTOR Network” mobile application, and who is a Direct client of the Charging Station Owner or of the Operator for the charging of electric vehicles.

2.3. The “ECOFACTOR Network” mobile application — the mobile application that the User can download via a link or through the “Google Play” and/or “App Store” online mobile application stores, and by means of which the User obtains access to the ECOFACTOR network; procedure and instructions: https://ecofactortech.com/app-for-drivers/

2.4. Instructions for using charging stations for charging electric vehicles — https://ecofactortech.com/instructions-mobile-charging/

2.5. Parties (each individually — a Party) — the User and the Operator.

2.6. Website — the website, internet portal https://ecofactortech.com, administered by the Operator.

2.7. Privacy Policy — the rules for the use of information from the mobile application and the prevention of the dissemination of information obtained in the course of such use, posted on the website https://ecofactortech.com/privacy-policy/. The Privacy Policy is an integral part of this Agreement.

2.8. The procedure and rules for using charging stations for charging electric vehicles are posted on the website https://ecofactortech.com/charging-rules/ and are an integral part of this Agreement.

2.9. The procedure and rules for receiving compensation for damage to vehicles are posted on the

website https://ecofactortech.com/damage-compensation-policy/ and are an integral part of this Agreement.

2.10. Charging station for charging electric vehicles — a technical device used by the User to charge their electric vehicle, receiving the charging service and paying for it by means of the “ECOFACTOR Network” mobile application or by contactless or contact payment by bank card, depending on the technical capability of the payment system installed at the Charging Station.

2.11. Owner of a charging station for charging electric vehicles — a business entity with which the Operator has concluded an Agency agreement and which owns a charging station for charging electric vehicles forming part of the ECOFACTOR network, which it has deployed in the course of its business activity for the purpose of providing electric vehicle charging services to Users. The Charging Station Owner sets the applicable price for the charging services, which may differ at each individual station, and manages such station.

2.12. Operator — the offeror under this agreement, who makes an open proposal to conclude an agreement on the use of the ECOFACTOR Network software in order to enable the conclusion of agreements between Users and Charging Station Owners by way of providing Agency services to the latter, and also, in certain cases, the conclusion of agreements between Users and the Operator when charging electric vehicles at those charging stations owned by the Operator itself, in the manner and on the terms defined by this Agreement. The price for the charging services may differ at each individual station depending on who manages such station.

2.13. ECOFACTOR Network — software that combines all charging stations for charging electric vehicles into one common network, which allows Charging Station Owners or the Operator to manage the charging stations, and allows Users to access and pay for the charging of electric vehicles via the charging station they have selected, using the “ECOFACTOR Network” mobile application.

2.14. Adapter — any device, cable, extension cord, splitter or other intermediate equipment installed between the connector or socket of a charging station and the charging port of an electric vehicle, regardless of its manufacturer, connector type (including, but not limited to, CCS1, CCS2, CHAdeMO, GB/T, Type 1, Type 2, NACS/Tesla), the existence of certificates or declarations of conformity, its design, and whether it is intended for AC or DC charging.

A Mode 3 charging cable manufactured in accordance with IEC 61851-1 and IEC 62196, with which the User directly, without any intermediate devices, connects the socket of an AC charging station to the charging port of an electric vehicle, where the design of such charging station provides for the use of the User’s cable, is not considered an Adapter.

3. Subject of the Agreement.

3.1. The subject of the Agreement is the provision of access to software in the form of the “ECOFACTOR Network” mobile application for subsequent access to the ECOFACTOR network, which enables the User to conclude an agreement:

– with the Charging Station Owner for the receipt of the electric vehicle charging service at the charging station of the relevant Charging Station Owner and payment for this service, where the Operator acts as the Agent of the Charging Station Owner on the basis of an Agency agreement concluded with the Charging Station Owner;

– with the Operator of the charging station for the receipt of the electric vehicle charging service at the charging station, where such charging station is owned by the Operator and where the Operator acts in its own name,

and payment for this service.

3.2. The User agrees to the terms of, and undertakes to comply with, the Privacy Policy and the Procedure and Rules for Using Charging Stations for Charging Electric Vehicles, which are an integral part of the Agreement, and by accepting this Offer confirms their unconditional consent to comply with them.

3.3. On the basis of this Agreement (Offer) and using the “ECOFACTOR Network” mobile application, the User accepts the terms of the agreement from the Charging Station Owner or, in the cases specified in the Agreement, from the Operator, under which the User receives electric vehicle charging services.

4. Access Terms.

4.1. Access to the ECOFACTOR network is provided by the Operator to the User during the term of the Agreement, but in any case not earlier than registration in the “ECOFACTOR Network” mobile application, which is carried out by creating a User account using the User’s mobile number upon the User’s initial registration in the “ECOFACTOR Network” mobile application, which constitutes the fact of conclusion of this Agreement (acceptance of the Offer).

5. Agreement between the User and the Charging Station Owner or the Operator

5.1. By accepting the terms of this public Agreement (Offer), the User agrees to conclude with the Charging Station Owner, or in the cases specified in the Agreement with the Operator, an Agreement on the provision of electric vehicle charging services on the terms set out in this section.

5.2. Under this Agreement, the Charging Station Owner or the Operator, in the case specified by the subject of the Agreement, undertakes to provide the User with electric vehicle charging services, and the User is obliged to pay the cost of these services via the “ECOFACTOR Network” mobile application or by contact or contactless payment by bank card, depending on the technical capability of the payment system installed at the Charging Station, on the terms specified in this Agreement.

5.3. In the “ECOFACTOR Network” mobile application, the User tops up the balance of their own account, selects the Charging Station Owner or the Operator’s charging station from the list indicated in the mobile application, depending on the desired price of the charging services and/or the location of the Charging Station, and pays for the services by debiting funds from the balance or by contact or contactless payment by bank card, depending on the technical capability of the payment system installed at the Charging Station.

5.4. The volume of the services received is determined directly by the User and is measured as the kilowatts of electric energy consumed by the vehicle during its charging.

5.5. The funds topped up to the User’s account in the “ECOFACTOR Network” mobile application remain on the User’s balance and are kept there until they are subsequently used to pay for the charging of an electric vehicle by the User.

5.6. The User’s balance is topped up via the relevant payment system contained in the “ECOFACTOR Network” mobile application, as well as by means of Google Pay and Apple Pay.

5.7. The price of a kilowatt of electric energy for charging the User’s electric vehicle is set by the relevant Charging Station Owner at each individual Charging Station; the specified price and the addresses of the charging stations are displayed in the “ECOFACTOR Network” mobile application.

5.8. The fact of conclusion of this Agreement is the User’s topping up of the balance and/or making of a payment by debiting funds via the “ECOFACTOR Network” mobile application or by contactless or contact payment by bank card at the Charging Station location, for the provision by the Charging Station Owner of electric vehicle charging services.

5.9. In providing Users with the ability to make payments via the “ECOFACTOR Network” mobile application or by contactless or contact payment by bank card at the Charging Station location, the Operator acts as an Agent in the name and at the expense of the Charging Station Owner.

5.10. The Agreement is in each case deemed concluded from the moment the User pays for the desired volume of services in the “ECOFACTOR Network” mobile application, or by contactless or contact payment by bank card at the Charging Station location, for the charging of an electric vehicle at the selected charging station, and is deemed performed upon completion of the charging of such electric vehicle.

5.11. Prohibition on the use of Adapters and liability of the User.

5.11.1. The User is strictly prohibited from using any Adapters when charging an electric vehicle at charging stations of the ECOFACTOR network, regardless of who owns the charging station (the Charging Station Owner or the Operator), the charging power and mode, and whether the charging station technically allows a charging session to be started with an Adapter. Charging is permitted only by directly connecting the standard connector of the charging station to a compatible charging port of the electric vehicle, and at AC charging stations with a socket — also using the charging cable specified in the second paragraph of clause 2.14 of this Agreement.

5.11.2. The User understands and agrees that the charging power and current are determined automatically during the charging session and may increase in the course of charging, including through the use of boosted (accelerated) power modes, while an Adapter is not designed for and has not been tested by the Charging Station Owner or the Operator for compliance with such parameters. The use of an Adapter creates a risk of overheating, melting and ignition of connectors, damage to the charging station and the electric vehicle, as well as a risk of electric shock.

5.11.3. The use of an Adapter is a breach of this Agreement committed by the User at their own risk. The fact that the charging station did not detect the Adapter and/or started or continued the charging session does not constitute consent of the Charging Station Owner or the Operator to the use of the Adapter and does not release the User from liability.

5.11.4. In the event of damage to the charging station, its connector, charging cable, power modules, control systems or any other units and components of the charging station during a charging session with an Adapter or as a result of such use, the User shall compensate the owner of the damaged charging station (the Charging Station Owner or the Operator) for the losses caused in full, in particular: the cost of diagnostics, spare parts, components and works for the repair or replacement of damaged units; the cost of dismantling, transportation and installation of the charging station or its units; the full cost of the charging station if its repair is impossible or economically unfeasible; the income the owner of the charging station could have actually received during the forced downtime of the charging station (lost profit); damage caused to third parties, as well as other documented expenses.

5.11.5. The fact of the use of an Adapter may be confirmed, in particular, but not limited to, by: event log data of the charging station and the ECOFACTOR network, including the vehicle identifier transmitted to the charging station, the communication protocol, charging session parameters, connector temperature readings and error codes; photo and video materials, including CCTV recordings; a charging station inspection report; a conclusion based on the results of a technical inspection of the damage; explanations of the User, employees or witnesses; an Adapter left or found at the location of the charging station.

5.11.6. The Charging Station Owner or the Operator sends the User a written claim for compensation of losses with a calculation of their amount and copies of supporting materials to the User’s email, via the “ECOFACTOR Network” mobile application or by a message to the phone number registered in the mobile application. The User shall compensate the losses within 10 (ten) calendar days from the date of receipt of the claim of the Charging Station Owner or the Operator or, within the same period, provide the Charging Station Owner or the Operator with reasoned written objections. Failure to compensate the losses within the specified period entitles the Charging Station Owner or the Operator to recover them in court.

5.11.7. The Charging Station Owner and the Operator are not liable for damage to the Adapter, the electric vehicle and other property of the User or third parties, nor for losses arising from the User’s use of an Adapter. Claims of the User for compensation for damage to a vehicle that occurred during charging with an Adapter are not considered or satisfied, including under the procedure specified in clause 2.9 of this Agreement.

5.11.8. If the use of an Adapter is detected, the Charging Station Owner or the Operator has the right to immediately stop the charging session (including remotely or automatically by means of the charging station), refuse to provide charging services to the User, temporarily block the User’s account in the “ECOFACTOR Network” mobile application until the losses are compensated in full, and in case of a repeated breach — terminate this Agreement unilaterally in accordance with clause 12.7 of this Agreement. The cost of electricity actually received before the charging session was stopped is non-refundable.

5.12. Procedure for the User of a charging station to report an incident during the charging of an electric vehicle.

5.12.1. If any incident occurs during the charging of an electric vehicle, the User immediately contacts the technical support service (the “Support” section) available in the “ECOFACTOR Network” mobile application via Viber, Telegram and WhatsApp and, if necessary, the Operator’s email.

5.12.2. In the incident report, the User specifies the following information: the number of the charging station and the port number, the date and time of the incident, the User’s phone number, photos and videos of the charging station, the connector, the vehicle’s charging port and the adapter (if used).

5.12.3. After receiving an incident report from the User, the Operator shall request additional photo and video materials and explanations from the User and may require an inspection of the vehicle and/or the adapter. If the User does not provide the requested additional materials or does not take the additional actions specified in the Operator’s request within 5 calendar days, the report is considered on the basis of the available data and materials.

5.12.4. The User’s incident report is registered by the Operator with a registration number assigned and an incident card created, after which the Operator informs the User of such registration and the number. The session data and the charging station log are mandatorily attached to the incident card.

5.12.5. The User’s report is considered by the Operator within 30 calendar days, and the Operator informs the User of the results to the User’s email, via the “ECOFACTOR Network” mobile application or to the phone number registered in the mobile application.

5.13. The User submits claims regarding the receipt of electric vehicle charging services directly to the Charging Station Owner or to the Operator, where such charging station is owned by the Operator. The Operator is not liable for the electric vehicle charging services provided or for any damage caused by such services to the User or to any third parties.

6. Rules for the Refund of Unused Balance Funds or Funds Paid in Error

6.1. Funds credited to the User’s balance in the “ECOFACTOR Network” mobile application may be used exclusively for the charging of the User’s electric vehicle within the ECOFACTOR network. Refunds of the User’s deposited balance funds or of funds paid in error by bank card at the Charging Station location are made in the manner determined by this section.

6.2. Refunds of the User’s unused deposited balance funds are made exclusively in non-cash form and exclusively to the same bank account (using the same bank details) from which the User transferred the funds to top up the balance or to make the payment. Bonus funds and remainders from discounts are not refundable. Refunds are made in the full amount without kopiykas (the amount is rounded down to whole hryvnias).

6.3. Refund procedure where no more than 14 (fourteen) calendar days have passed since the top-up

6.3.1. A User who wishes to have unused balance funds from their own account, or funds paid in error, refunded, where no more than 14 (fourteen) calendar days have passed since the top-up or payment, must contact the technical support service (the “Support” section) located in the “ECOFACTOR Network” mobile application and provide the following information and data:

the User provides a screenshot of their balance from the “ECOFACTOR Network” mobile application;

the User provides the receipt for the most recent top-up of the funds of their account;

the User provides data on the 2–3 most recent instances of charging an electric vehicle within the ECOFACTOR network;

the User provides the phone number registered in the “ECOFACTOR Network” mobile application.

6.3.2. The User’s request for the refund of unused balance funds or of funds paid in error is considered by the Operator within 2 (two) business days. The Operator may request that the User provide additional documents confirming the transaction and the identity of the person who performed it. Based on the results of the consideration of the application, the Operator makes the refund within 3–5 business days.

6.4. Refund procedure where more than 14 (fourteen) calendar days have passed since the top-up

6.4.1. If more than 14 (fourteen) calendar days have passed since the balance was topped up or the payment was made, the refund is carried out according to the following procedure. The User must provide the following documents:

a) An application in free form addressed to the Operator, which must specify: the reason for the refund; the phone number registered in the “ECOFACTOR Network” mobile application; the refund amount; the bank details for the refund in IBAN format;

b) A copy of the passport and of the taxpayer identification number (TIN/RNOKPP).

6.4.2. All the documents specified in clause 6.4.1 must be signed with a qualified electronic

signature (QES) or with an electronic signature via the “Diia” application and sent as a single file to the email address: [email protected]

6.5. Only those funds are refundable that were credited to the balance of the User’s account in the “ECOFACTOR Network” mobile application, or with which a payment was made at a charging station, where, despite such payment or balance top-up, the User did not carry out (receive the service of) the charging of a vehicle using these funds. Where the received vehicle charging service has been paid for, or balance funds have been used, via the “ECOFACTOR Network” mobile application, such funds are not refundable.

6.6. Refunds are made in the full amount without kopiykas (the amount is rounded down to whole hryvnias).

6.7. If the refund application is submitted by a person who did not top up the account balance or make the payment at the charging station and/or who is not a User, such application is not accepted for consideration.

7. Use of Intellectual Property Items.

7.1. The “ECOFACTOR Network” mobile application (hereinafter — “ECOFACTOR Network”) is an online software product (SaaS) which includes images, text materials and other items of copyright and/or related rights, as well as items of patent rights, trademarks, commercial designations and trade names, and also other parts (regardless of whether they form part of “ECOFACTOR Network” or are its additional components or materials, and whether they can be extracted from it and used separately) (hereinafter — Intellectual Property Items), which are protected in accordance with the Law of Ukraine “On Copyright and Related Rights” and other legislative acts in the field of intellectual property protection, and belong to the Operator by exclusive right.

7.2. The User has no right to distribute, alter, adapt, modify, translate, reverse, compile, decompile or create derivative products, attempt to disclose the source code, copy, analyse data, use “ECOFACTOR Network”, including its individual parts or individual components, in a manner not envisaged by their functional purpose, or engage in any other improper use of the Intellectual Property Items.

7.3. The Operator grants the User the right to use the Intellectual Property Items under a simple (non-exclusive) licence in the territory of all countries of the world in the ways specified in this Offer, exclusively for the purpose of the User obtaining access to the ECOFACTOR network via the “ECOFACTOR Network” mobile application under this Agreement.

7.4. The software forming part of “ECOFACTOR Network” may automatically download and install updates intended for the improvement, enhancement and further development of “ECOFACTOR Network”, and may take the form of bug-fixing programs, extended functions, new software modules or entirely new versions. By accepting this Offer, the User agrees to receive such updates.

8. Licence Terms.

8.1. In accordance with Articles 205, 634, 638-642 and 1107-1110 of the Civil Code of Ukraine, upon acceptance of the Licence terms set out herein, a person who, by downloading and/or installing or otherwise commencing use and/or topping up the User’s balance of “ECOFACTOR Network” in any other way, becomes a Licensee (acceptance of the terms is equivalent to the conclusion of a Licence agreement) and obtains the right to use the corresponding downloaded (installed) “ECOFACTOR Network” mobile application (hereinafter — the Software Product) as an item of intellectual property.

8.2. The Operator (Licensor) grants, and the User (Licensee) accepts, a simple (non-exclusive)

licence for the ECOFACTOR network and the “ECOFACTOR Network” mobile application, which the Licensee uses during the term of this Agreement on the terms determined by the Licensor, without the right to transfer it to third parties (hereinafter — the Licence).

8.3. The validity of the granted Licence is directly linked to the Licensee’s use of “ECOFACTOR Network” in accordance with the Public agreement (offer). If the use of “ECOFACTOR Network” is discontinued, the Licensee loses the right to use the Software Product, and this Licence agreement is deemed terminated. The term of the Licence is established for the period during which the Licensee uses “ECOFACTOR Network”.

8.4. The right transferred under this Licence extends throughout the territory of the whole world.

8.5. The terms of this Licence also apply to updates, additions and additional components of the Software Products that ensure their functioning. The Licensor undertakes to update, supplement and refine the Software Product with a view to its full functioning, in order to enable the Licensee to use the “ECOFACTOR Network” Services.

8.6. The Parties have agreed that this Licence to use the Software Product is granted by the Licensor to the Licensee exclusively in order to enable the Licensee to use the Licensor’s services provided in accordance with the terms of the Agreement (Offer) on the provision of Access to “ECOFACTOR Network”.

8.7. Access to the “ECOFACTOR Network” mobile application under this Licence is provided by the Licensor by installing the “ECOFACTOR Network” mobile application on the Licensee’s device.

8.8. The Licensee has no right to provide the Software Product for rent, lease, other use or commercial hire to third parties.

8.9. In the event of non-performance or improper performance of the terms of this Licence, the Parties bear the liability provided for by the applicable legislation and the terms of the Public agreement (offer).

8.10. The Licensee has the right to use the Software Product exclusively in accordance with its functional purpose and the terms of this Licence.

8.11. The Licensee is obliged to:

8.11.1. notify the Licensor of all cases known to the Licensee of infringement by third parties of the proprietary intellectual property rights to the Software Product;

8.11.2. not make changes to, not modify and not improve the Software Product;

8.11.3. not use the Software Product in a manner not envisaged by its functional purpose;

8.11.4. not use the code of the Software Product and not transfer it to any third parties for the purpose of creating or distributing, or transferring in any other form to a wide range of persons, products identical to the Software Product;

8.11.5. not make unauthorised copies of the Software Product on any media for storing information in electronic form or by posting it on the Internet;

8.11.6. not decompile, not reverse, not disassemble or otherwise attempt to obtain the code of the Software Product;

8.12. The Licensor has the right to:

8.12.1. Make changes and improvements to the Software Product;

8.12.2. Terminate this Licence unilaterally if the Licensee fails to comply with the terms and provisions of this Licence or of the Public agreement (Offer).

8.13. The Licensor guarantees that the use of the Software Product in accordance with this Licence does not infringe the intellectual property rights of any third parties under the legislation on

copyright, trademarks and/or trade secrets of any state that has signed the Berne Convention for the Protection of Literary and Artistic Works.

8.14. The Licensor provides no warranties with respect to the Software Product in the event of violation of the terms of its use provided for in the Licence.

8.15. The Software Product is provided on an “as is” basis. The Licensor bears no liability whatsoever for the Software Product not meeting the Licensee’s expectations and perceptions, for it not being free of errors, or for the direct or indirect consequences of the use of, or the inability to use, the Software Product in operation.

9. Term of Validity and Amendment of the Terms of the Offer.

9.1. The Offer comes into force from the moment it is posted on the Internet at the link — https://ecofactortech.com/terms-and-conditions/ and remains in effect until the Offer is withdrawn by the Operator. The Offer is drawn up and set out in the Ukrainian, Polish and English languages, the texts of which are authentic.

9.2. The Operator reserves the right to amend the terms of the Offer and/or to withdraw the Offer at any time at its own discretion. If the Operator amends the Offer, such amendments come into force from the moment the amended text of the Offer is posted on the website at the link specified in clause 9.1 of the Agreement, unless a different effective date of the amendments is additionally specified at the time of such posting.

9.3. The User’s acceptance of the Offer is valid for the period of the User’s use of the “ECOFACTOR Network” mobile application, but in any case until the Parties have fully performed their obligations under this Agreement and under the Agreement defined in section 5 of this Agreement.

10. Force Majeure.

10.1. A Party is released from liability for the non-performance or improper performance of its obligations under the Agreement if this resulted from force majeure circumstances, for example: natural disasters, military operations, strikes, riots and civil unrest, acts of state authorities that make the performance of the Agreement impossible, or any other circumstances beyond the reasonable control of the parties that prevent the performance of the Agreement, provided that such circumstances have a direct impact on the impossibility of fulfilling the obligations (a substantiated causal link).

11. Confidentiality, Warranties and Personal Data.

11.1. All information exchanged by the Parties for the purpose of performing the terms of this Agreement, including information about the technologies and technical solutions used by the Operator, as well as any commercial information about the terms of the Parties’ cooperation, is confidential and is not subject to disclosure and/or use without the written consent of the other Party.

11.2. By agreeing to the terms and accepting the terms of this Offer through its Acceptance, the User certifies and warrants to the Operator that:

11.2.1. The User has provided accurate data (including personal data) when registering as a User in the “ECOFACTOR Network” mobile application or when making a payment.

11.2.2. The User concludes the Agreement voluntarily, whereby the User: a) has fully read the terms of the Agreement (Offer), b) fully understands the subject of the Agreement (Offer);

11.2.3. The User has all the rights and powers necessary for the conclusion and performance of the

Agreement.

11.3. The User has no right to invoke actions performed on the User’s behalf by persons not authorised to do so as grounds for avoiding liability for the result of such actions and/or in the resolution of disputes.

11.4. By concluding this Agreement, the Parties grant each other the right and consent to the processing of their personal data for an indefinite period in accordance with the Law of Ukraine “On Personal Data Protection”. For the purposes of this clause, the personal data of the Parties means the personal data of the representative(s) of the Parties, their officers, owners/founders and/or shareholders/participants. The use and dissemination of information constituting the personal data of the Parties is carried out exclusively within the limits necessary to support the activities and/or protect the interests of the Parties and to perform this Agreement.

11.5. By concluding this Agreement, the Parties affirm that all the provided information constituting personal data has been provided by the Parties on lawful grounds and that they have the right to use it and dispose of it.

11.6. The User consents to the Operator using the User’s geolocation (location) in the “ECOFACTOR Network” mobile application for the purpose of providing the User with information about the location of the nearest charging stations for charging electric vehicles.

12. Liability, Limitation of Liability and Dispute Resolution Procedure.

12.1. For breach of the terms of the Agreement, the Parties bear the liability established by the Agreement and/or the current legislation of Ukraine.

12.2. The User bears full responsibility for their actions performed while using “ECOFACTOR Network” and for the actions of persons performed on the User’s behalf using the User’s personal identification data.

12.3. The Parties shall resolve all disputes and disagreements related to the Offer (Agreement) through negotiations.

12.4. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court at the location of the Operator.

12.5. The Operator, its representatives, directors and employees are not liable for any losses or damage that the User may incur as a result of using the “ECOFACTOR Network” mobile application or of relying on a service received by means of the “ECOFACTOR Network” mobile application, including but not limited to:

– any direct or indirect property damage or monetary losses;

– lost profits;

– loss of business, contracts, contacts, goodwill, reputation and any losses that may arise as a result of business interruption;

– loss or inaccuracy of data;

– any other type of loss or damage.

12.6. The Operator is not liable for the actions or omissions of the Charging Station Owner and is not liable for damage caused by the Charging Station Owner to the User and/or the User’s property, in particular but not exclusively during the use of a charging station owned by the Charging Station Owner.

12.7. The Operator has the right to unilaterally terminate this Agreement at its own discretion without any prior notice to the other party. In such a case, the moment of unilateral termination of the agreement is the day following the receipt by the other party of the notice of termination of the Agreement. After the termination of the Agreement, unused balance funds are refunded in the manner provided for in Section 6 of this Agreement.

12.8. The Operator has the right to apply to the User a procedure of blocking access to the User’s account, which is carried out by the Operator in order to ensure the security of the charging station and of the “ECOFACTOR Network” network, to prevent fraudulent actions, as well as in the cases provided for in clause 5.11.8 of this Agreement.

12.9. The Operator has the right to apply to the User a procedure of blocking access to the technical support services for the use of obscene language or insults directed at the Operator and its employees, in the manner specified in this clause of the Offer.

12.9.1. Obscene language means any words or expressions that are rude, vulgar or offensive. Insults mean any statements or actions that degrade the dignity or honour of employees and harm the business reputation of the Operator.

12.9.2. If the User uses obscene language or insults directed at the Operator and/or the Operator’s employees, the employee who witnessed this must record the incident, indicating the date, time and circumstances.

12.9.3. The record may take the form of a written report, photographic evidence or a recording of the conversation (if such a recording was made).

12.9.4. After the first instance of a violation, the User is sent an official warning, which includes a description of the incident and a demand to refrain from such behaviour in the future.

12.9.4. The warning is sent to the User by email or by another available means of communication.

12.9.5. In the event of a repeated violation of the rules by the User, the Operator has the right to block the User’s access to the technical support services in the Viber, Telegram and WhatsApp channels.

12.9.6. Blocking is carried out after the incident has been approved by the relevant head of the unit or by an authorised person of the Operator. In such a case, the User is sent a notification of the blocking of their access to the technical support services, indicating the reasons and the conditions for the restoration of access to the technical support services (if provided for).

12.9.7. The User may apply for the restoration of access to the technical support services after a written apology, sent in writing to the legal address of the Operator, confirming in such communication the undertaking to refrain in the future from using obscene language or insulting the Operator and/or its employees.

12.9.8. The decision to restore the User’s access to the technical support services is taken by the relevant head of the unit or by an authorised person of the Operator.

12.9.9. The User has the right to appeal against the decision to block their access to the technical support services by providing relevant evidence and justification of their position. In such a case, the complaint is considered by an authorised commission of the Operator within 10 business days, and the User is informed of the results of the consideration of the complaint by email or by another available means of communication.

13. Details.

OPERATOR

LIMITED LIABILITY COMPANY “ZARIADNI MEREZHI”

EDRPOU code 42524054

Tax ID: 425240515547

Registered office and postal address:

113 Otamana Holovatoho St., Odesa, 65003

Bank details:

Account UA 44 320478 0000026005924893055

with JSB “UKRGASBANK”, bank code (MFO) 320478.

E-mail: [email protected]

Director

Sergii VELCHEV

OPERATOR

ECOFACTOR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

TAX ID 8792738397

KRS 0000962167

Bank account (PLN): 33 1240 6478 1111 0011 1375 7993

VAT EU: PL8792738397

Address:

Składowa 30, 41-500

Chorzów, Poland

Account owner:

ECOFACTOR SPÓŁKA Z O O.

Owner address:

UL. SKŁADOWA 30, 41-500 CHORZÓW

33 1240 6478 1111 0011 1375 7993 PLN

61 1240 6478 1787 0011 1763 5699 USD

38 1240 6478 1978 0011 1763 5875 EUR

E-mail: [email protected]

Director

Sergii VELCHEV