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Date of publication (date of entry into force): 01 August 2020


PUBLIC AGREEMENT ON THE PROVISION OF ELECTRIC VEHICLES CHARGING SERVICES (PUBLIC OFFER AGREEMENT)

Please read the text of this Agreement carefully and, if you do not agree or you do not understand any of its clauses, we suggest you to clarify the information. In case of acceptance of the terms of this Agreement, you agree with all its terms, and also confirm that you fully understand all its provisions.

This Agreement is an official public offer and contains all the essential conditions, which are necessary for the validity of this Agreement.

In case of acceptance of the following conditions - the person certifies acceptance of conditions of this Agreement and from that moment such person becomes the Customer and gets the rights and obligations defined by this Agreement.


Go To-U Inc. located at 1601 Gem Drive, Roseburg OR, 97471, USA.., hereinafter - the Contractor, offers to any natural persons and legal entities (consumers), further - the Customer, all together further are called - the Parties, to receive a set of services provided by this Agreement on the provision of services for electric vehicles charging (hereinafter - the Agreement).


1. TERMS AND DEFINITIONS

1.1. Services - a set of services provided by the Contractor to Customers, and consisting of:

  • providing the Contractor with access to charging stations and the possibility of their use for the electric vehicles charging; 
  • ensuring the functioning and providing the Customer with access to a personal virtual office/personal profile, which will provide the ability to search, book charging stations, charge the vehicle, pay for Services, etc. using the Mobile Application "TO-U".

The volume of the Service is measured in Kilowatt-hours and/or is measured by the time during which the Customer's electric vehicle is connected to the charging station after charging. The service is the maintenance of electric vehicles, is not a supply of energy, and does not require licensing.

1.2. Customer - a natural person and/or legal entity that uses the Services with the help of charging stations.

1.3. Electric Vehicle - a vehicle (car) driven by one or more electric engines powered by batteries or fuel cells.

1.4. Charging station - a charger with the ability to connect to a DC connector with a capacity of 50 kW and / or alternating current with a capacity of 22 kW, installed permanently and designed to charge electric vehicles.

1.5. Kilowatt-hour (hereinafter - kWh) - a unit of measurement of the Service, which is used to display the change in the charge level of electric vehicle batteries as a result of the Services provision.

1.6. Downtime is the period of time during which the Electric Vehicle is connected to the charging station after the completion of the charging process, reduced by the Bonus Time.

1.7. Bonus time - a period of 10 minutes provided to the Customer to disconnect the Electric Vehicle from the charging station and pick it up from the parking lot in front of the charging station without charging a fee.

1.8. Customer Account - a special Customer account, which is registered in the Mobile Application, which reflects the amount of Services that the Customer can use at any free Charging Station. In fact, the balance on the Customer Account reflects the amount of the Customer’s rights to receive the Services in the future.

1.9. TO-U mobile application is a software for a mobile device designed for convenient use of charging stations, in particular for their selection, reservation of charging time for electric vehicles charging, activation of charging, payment for Services, etc.

1.10. Registration - the Customer's application to the Contractor through the Mobile Application in order to receive the Services and confirm the terms of such Services (including the amount and procedure of accrual and payment for services), as a result of which the Contractor connects the Registered customer to the system by creating an individual account (User account). The registered user gets access to the account by entering the login and password in the Mobile application.

1.11. Fee - the amount of the cost of the Services, which is set by the Contractor for the services provided to the Customer or during the Customer’s Downtime, and which the Customer is obliged to pay in the manner prescribed by this Agreement.

1.12. Payment is a movement of a certain amount of funds in the national currency, in particular using the payment cards, initiated by the Customer for the purpose of replenishing the Customer Account, which is subsequently used by the Customer to pay for the Services.

1.13. Unit - a conventional unit in which the cost of one kWh is measured. The cost of one kWh is determined in Units and may vary depending on the location and reservation time of the Charging Station.

1.14. Balance - a virtual wallet of the Customer that is used to accumulate Units, as well as to pay for the received Services.

1.15. Support - support service, the operation of which is provided by the Contractor.

Other terms are used in their usual meaning, and any interpretation of them is based on the generally accepted content load.


2. PREAMBLE

2.1. This Agreement is a public contract which indicates that the services under this Agreement are provided to each person who applies. The provisions of this Agreement are the same for all persons who intend to receive the Services under this Agreement.

2.2. This Agreement is an official offer of the Contractor to enter into this Agreement and contains all the essential conditions necessary for the validity of this Agreement.

2.3.In case of acceptance of the following conditions - a person certifies acceptance of the terms of this Agreement and from that moment such person becomes a Customer, and has the rights and obligations under this Agreement.

2.4. The Customer is considered to have accepted the terms of this Agreement in full, without any reservations and exceptions, from the moment of acceptance of its terms in the Mobile Application "TO-U" or connection of the Customer's Electric Vehicle cable to the selected charging station or connection of the electric charging station cable to the Customer's Electric Vehicle.

2.5. In case of disagreement of the Customer with any provisions of this Agreement - the Customer has no right to take actions aimed at joining this Agreement.

2.6. This Agreement is considered concluded without additional signing by the Parties, provided that the Customer performs the actions provided for in paragraph 2.4. of this Agreement.

2.7. The text of this Agreement shall be published on the official website of the Contractor https://www.go-tou.com and in the Mobile Application "TO-U".

2.8. This Agreement is considered valid from the date specified at the beginning of this Agreement, and the proposal for its (acceptance) is valid during the term of the Agreement.

2.9. Changes and additions to this Agreement are made independently and at the discretion of the Contractor. Information on amendments to the Agreement is indicated at the beginning of the Agreement. Changes and additions to the Agreement shall take effect from the date specified by the Contractor.

2.10. In case of disagreement with any changes to the terms of this Agreement, change of the Fee or assignment of new Payments in addition to the existing ones, the Customer must stop receiving the Services in the manner specified in the Agreement. If the Customer continues to use the Services on the next day from the date of making changes to the Agreement, the Contractor has the right to assume that the Customer agrees with the made changes and additions.


3. SUBJECT OF THE AGREEMENT

3.1. Under the terms of this Agreement, the Contractor undertakes to provide the Services to the Customer, and the Customer undertakes to accept the provided Services and pay for them in the manner prescribed by the Agreement.

3.2. Services include:

3.2.1. provision by the Contractor of access to charging stations for the purpose of charging the Customer's electric vehicle with electric energy, which occurs automatically without the involvement of the Contractor's personnel;

3.2.2. ensuring the functioning and granting by the Contractor access to an personal profile in the Mobile Application "TO-U" to the Customer with the possibility of using the functions provided by the software.

3.3. Ensuring the functioning and granting the Customer access to an personal profile in the TO-U Mobile Application, among other things, includes:

- registration of the Customer in the Mobile Application "TO-U" and creation of the User account, which is carried out by the Customer independently;

- providing an up-to-date information on the location of charging stations, the possibility of their reservation, the status of station ports, the current price of Services, maintaining and storing the archive, saving and systematization of payments, etc.;

- providing the opportunity to replenish the Balance in the Mobile Application, which is carried out solely for the purpose of further receipt of Services and their payment;

- visualization of data on received Services in the User account;

- collection and transfer of data using secure channels for authorization of the Customer's payment card;

- transfer of data on payment for Services;

- functioning of the Customer Support Service;

- other services, the possibility of providing which is provided by the software.


4. PROCEDURE FOR CONCLUSION AND TERM OF THE AGREEMENT

4.1. The Agreement is concluded between the Contractor and the Customers in the form of an accession agreement.

4.2. To conclude the Agreement, the Customer performs the actions provided for in paragraph 2.4. Agreement.

4.3. From the moment of performance by the Customer of the actions provided by paragraph 2.4. of this Agreement - the Customer is considered to have accepted (accepted) the terms of this Agreement in full, without any reservations and exceptions. The Agreement does not require additional signing by the Parties, and such acceptance of the terms of the Agreement is equivalent to the conclusion of a bilateral written agreement on the provision of services.

4.4. Simultaneously with joining this Agreement - the Customer grants the Contractor the right to collect, process and store his personal data in the manner prescribed by this Agreement and the Privacy Policy, which can be found on the official website of the Contractor: https://www.go-tou.com/privacy-policy.

4.5. The term of acceptance of the terms of the Agreement is limited by the term of this Agreement.

4.6. The provisions of this Agreement are considered valid from the date specified at the beginning of the text of the Agreement, and the Agreement itself is considered concluded by the Parties from the moment of its acceptance by the Customer in accordance with paragraph 4.2. of this Agreement, and is valid until 31.12.2021 or until its termination by any of the Parties in the manner prescribed by this Agreement.

4.7. By concluding this Agreement, the Customer claims that he/she:

4.7.1. to the extent necessary for him/her acquainted with all the provisions of this Agreement, the procedure for providing Services;

4.7.2. accepts all the terms of this Agreement without any comments or cautions.


5. PROCEDURE FOR RECEIVING SERVICES AND THEIR PAYMENT

5.1. In order to receive the Services, the Customer must perform the set of actions provided for in this section.

5.2. The Customer registers in the Mobile application "To-U":

5.2.1. Registration in the Mobile Application "To-U" provides for the Customer to enter information about himself/herself and the electric vehicle, which the Customer intends to charge using the Charging Stations.

5.2.2. The result of registration in the Mobile application "To-U" is the creation of a User account, which is then used by him to receive the Services.

5.3. Replenishment of the Customer’s Balance.

5.3.1. The actual cost of the Units is indicated in the To-U Mobile Application.

5.3.2. Replenishment of the Customer's Balance is carried out with the help of the Customer's payment card, information about which is entered by the Customer into the account in the Mobile application "To-U".

5.3.3. The Customer’s Balance is replenished using the To-U Mobile Application by debiting funds from the Customer's bank account, which are automatically credited to the Contractor's bank account.

5.3.4. The Customer's funds received on the Contractor's bank account are 100% prepaid for the provided Services in the future and are at the full disposal of the Contractor from the moment of their crediting to the bank account.

5.3.5. The Balance is replenished from the moment of receiving from the payment system confirmation of successful debiting of funds from the Customer's bank account and / or increase of the Customer's Balance.

5.3.6. Replenishment of the Balance is carried out at the current Cost of Services, which are indicated in the Mobile application "To-U" and may change depending on the location and time of reservation of the Charging Station.

5.3.7. The credited funds are subject to transfer to Units, in which the cost of one kWh is measured and the number of kWh that may be provided to the Customer as a result of the provision of Services is determined. The cost of Downtime is also defined in Units.

5.3.8. The result of Balance replenishment is an increase in the number of Units.

5.3.9. If the Charging Station is located in the territory where check-in or stay provides for the collection of fees - such costs are not included in the Price of Services.

5.3.10. A customer who has registered in the Mobile Application can refill his Balance at any time, regardless of when the charging session will take place. In this case, the Customer pays for the Services that will be received in the future. The amount of prepaid Units / Services in kWh on the Customer's Balance is valid during the term of this Agreement and may be used at any time and does not depend on the change in the Services cost.

5.4. After replenishing the Balance and transferring funds to the Units, the Customer has the right to start the charging session of electric vehicles at any selected Charging Station.

5.4.1. The charging session is carried out in the presence of technical and physical possibility of its performance.

5.4.2. The charging session is carried out by the Customer independently without the involvement of the Contractor's staff.

5.4.3. The required charging time is determined by the Customer independently in the Mobile application "To-U".

5.4.4. In case of insufficient number of Units - the number of Services is provided exclusively in the amount of Units available on the Customer's Balance.

5.5. As a result of the charging session, the number of Units decreases, which indicates the successful provision of Services under this Agreement.

5.6. The volume of the provided Services is equal to the volume of consumed kWh by the Customer's electric vehicle battery.

5.7. In case of interruption of the charging session, the unused number of Units continues to be stored on the Customer's Balance in the Mobile application "To-U" and can be used by the Customer at any other time.

5.8. Units can be returned (convert Units into currencies on the Customer's Balance), within 30 calendar days from the moment of accrual. To return the Units, the Customer must send a request to return the Units, indicating the amount of the Units, to the e-mail address mail@go-tou.com. Within 10 working days, the request is considered by the Contractor and refunds for the Units are made, if there are grounds for this. Funds for Units are returned in the currency in which they were originally paid.

5.9. Units may not be sold or otherwise transferred by the Customer to other persons.


6. RIGHTS AND LIABILITIES OF THE PARTIES

6.1. The Contractor must:

6.1.1. provide the Customer with the Services qualitatively, at a professional level in the amount and in the manner specified in this Agreement;

6.1.2. provide the Customer with all necessary information related to the implementation of this Agreement within 5 (five) working days from the date of receipt of the request for information, as well as timely update information on the terms of this Agreement;

6.1.3. provide the Customer with access to the Charging Stations by ensuring their uninterrupted service, except in cases beyond his control;

6.1.4. provide the Customer with round-the-clock access to the To-U Mobile Application in order to receive the Service, to ensure the proper functioning of this Mobile Application, and to ensure the proper operation of the Support Service, except in cases beyond its control;

6.1.5. ensure the protection of the Customer's personal data, with its disclosure only in cases provided by law and / or for the need to ensure compliance with the terms of this Agreement;

6.1.6. notify of any changes made to this Agreement through the Mobile Application "To-U";

6.1.7. display identified deficiencies and / or malfunctions of the Charging Station in the Mobile Application "To-U" in order to notify Customers;

6.1.8. take actions aimed at the proper functioning of the Charging Station in order to avoid causing damage to the Customer by a malfunction of the Charging Station;

6.1.9. return unreasonably written off Customer’s funds (Units) in case of system failure due to the Contractor's fault in case the Customer has notified the Support Service;

6.1.10. perform other obligations provided by this Agreement related to the implementation of the Agreement.

6.2. The Contractor has the right to:

6.2.1. require the Customer to properly fulfill the terms of the Agreement;

6.2.2. require the Customer to provide information on the implementation of the Agreement;

6.2.3. in the manner prescribed by law to involve third parties in the implementation of the terms of this Agreement, while remaining liable to the Customer for the actions of such persons;

6.2.4. unilaterally, independently establish the conditions and procedure for providing Services under this Agreement, as well as change them without the consent of the Customer;

6.2.5. give the Customer instructions on the Charging Stations operation;

6.2.6. unilaterally, independently change the settings, interface, design, graphics, domain and name of the Mobile Application "To-U", including cases where it will require a new registration of the Customer;

6.2.7. unilaterally, independently change the location of Charging Stations, their appearance, number, etc.;

6.2.8. not to return unreasonably written off funds (Units) of the Customer in case of system failure if the Customer does not notify the support service;

6.2.9. not to return the written-off prepayment for the Services in case of their non-provision for reasons that depended on the Customer, including, but not limited to, in case of incorrect handling of the Mobile application "To-U" or charging station by the Customer;

6.2.10. store and process the Customer's personal data and information concerning payment that became known to the Contractor during the Services provision;

6.2.11. at his discretion to provide video surveillance of the Charging Stations and the surrounding territory, including, in combination with sound recording, to store such data and disseminate them in cases not prohibited by law;

6.2.12. insure property or liability to third parties concerning the Charging Stations operation;

6.2.13. collect, store and disseminate personal data and confidential information of the Customer in cases provided by law;

6.2.14. collect, store and use information about the Customer, which became known to the Contractor due to the implementation of this Agreement, in order to protect their legitimate rights and interests;

6.2.15. deactivate the Customer's account in case of its non-use within 1 (one) year;

6.2.16. suspend the Services provision in case of maintenance. The Contractor's refusal to provide the Services in connection with such works is not a violation of the terms of the Agreement.

6.2.17. to refuse the Customer to provide the Services in case the Customer performs actions aimed at damaging the Charging Stations;

6.2.18. unilaterally terminate this Agreement ahead of schedule in the manner prescribed by the Agreement;

6.2.19. The Contractor is endowed with other rights provided by this Agreement.

6.3. The Customer is obliged to:

6.3.1. accept the provided Services and pay for them in the manner prescribed by the Agreement;

6.3.2. pay for the Downtime;

6.3.3. provide information on the Agreement implementation at the written request of the Contractor within 5 (five) working days from the date of receipt of such request;

6.3.4. indicate reliable and correct data when registering in the Mobile application "To-U";

6.3.5. comply with the Rules of Charging Stations operation, which is Annex №1 to the Agreement;

6.3.6. using of Charging Stations during the quarantine period established in order to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2, the Customer is obliged to comply with all requirements of public authorities and local governments behavior in a public place; The Contractor is not responsible for non-compliance with such measures by the Customer.

6.3.7. follow the instructions provided by the Contractor to receive the Services;

6.3.8. not to take actions aimed at damaging the Charging Stations and other property of the Contractor or third parties used by the Customer during the receipt of the Services;

6.3.9. prevent the connection of Electric Vehicle to the Charging Station in case of technical malfunction of Electric Vehicle and / or if after an accident, as a result of which Electric Vehicle was damaged, its restoration was carried out without a certified inspection by the electric vehicle brand dealer, which confirmed the possibility of charging at high-speed stations;

6.3.10. if the Customer charges the Electric Vehicle at the charging station, which includes the cable and connector - the Customer is obliged to choose the connector (CCS-2 or CHAdeMO) that is mechanically and electrically compatible with his Electric Vehicle.

6.3.11. if the Customer charges the Electric Vehicle at the charging station, equipped with a three-phase socket - the Customer is obliged to use only his own certified cable, which is mechanically and electrically compatible with his Electric Vehicle and the socket at the station;

6.3.12. disconnect the connector from the Electric Vehicle and place it in a specially designated place on the charging station after the charging session is over. It is forbidden to move the Electric Vehicle with the plugged connector.

6.3.13. free up space for other Customers’ charging after the charging session within the Bonus time;

6.3.14. not to use for charging at Charging Stations electric vehicles and charging cables that do not meet the relevant international standards or are uncertified, or homemade, or with modifications of the power supply system that were not provided by the relevant manufacturer;

6.3.15. notify the Support immediately (no later than one business day) in case of unreasonable write-off of funds (Units) from the Customer Account;

6.3.16. refuse to receive the Services in case of the Charging Station failure or the system failure, and immediately notify the Support of the Contractor;

6.3.17. perform other duties provided by this Agreement.

6.4. The Customer has the right to:

6.4.1. require the Contractor to provide Services qualitatively, at a professional level in the amount and manner specified in the Agreement;

6.4.2. require the Contractor to provide complete and reliable information on the implementation of this Agreement;

6.4.3. have access to the To-U Mobile Application and Charging Stations in order to receive the Services;

6.4.4. require the Contractor to store personal data and confidential information that became known to him due to the implementation of this Agreement and to disseminate them only in cases provided by law;

6.4.5. require the Contractor to delete personal data and confidential information simultaneously with the deletion of his User account in the Mobile Application "To-U";

6.4.6. contact the Contractor's Support in case of incorrect operation of the Mobile Application "To-U" and / or Charging Stations in order to eliminate problems in their use;

6.4.7. demand termination of the Agreement in the cases provided by this Agreement;

6.4.8. The Customer is endowed with other rights provided by this Agreement or arising from the provisions of the appropriate legislation.

6.5. Each Party undertakes to assist the other Party in the implementation of the Agreement.


7. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE

7.1. The Parties are obliged to properly fulfill their obligations under the Agreement and arising from the provisions of the appropriate legislation.

7.2. In case of non-fulfillment or improper fulfillment of obligations - the guilty Party shall bear the responsibility determined by this Agreement.

7.3. The Customer is responsible for the accuracy of the data he / she provided during registration in the Mobile Application "To-U" and used when receiving the Services.

7.4. In case of damaging the Contractor’s property, equipment, software used by the Customer to receive the Services and / or the place of provision of the Services, due to their incorrect operation by the Customer - such damage shall be reimbursed by the Customer in full.

7.5. If the damage caused by the Customer, provided for in paragraph 7.4. of the Agreement, led to the impossibility of the Charging Station operation - the Customer is also obliged to reimburse the Contractor in the amount of 1000,00 US Dollars (one thousand US Dollars) for each day of the Charging Station downtime.

7.6. The Charging Station Owner shall be liable for causing damage to the Customer due to the Charging Stations operation only in the presence of his guilt, within the insured cases and in the circumstances provided by the charging station civil liability insurance contract and within the sum insured by the insurance contract.

7.7. Damages caused to the Customer provided for in paragraph 7.6. of the Agreement are reimbursed by the insurance company with which the owner of the Charging Station has entered into a civil liability insurance contract.

7.8. If the Charging Station is not insured by the charging station owner, then the Charging Station owner shall be liable for damage to the Customer due to the Charging Station operation only in the presence of his guilt and in accordance with applicable law.

7.9. In order to obtain information about the Charging Station owner, the Customer must contact the Contractor's Support with a request. The Support is obliged to provide information about the owner and the contact details of the Charging Station owner.

7.10. Failure to improperly fulfill the terms of this Agreement shall not be considered as non-provision of Services to the Customer due to a technical malfunction of the To-U Mobile Application or Charging Stations.

7.11. Non-provision of Services during Charging Stations maintenance is not considered non-fulfillment or improper fulfillment of the Agreement.

7.12. The Parties shall not be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement, if it occurred through no guilt of their own. A Party shall be presumed not guilty if it proves to have taken all necessary measures to properly fulfill its obligation under this Agreement.

7.13. The Contractor shall not be liable for the consequences of incorrectly entered data by the Customer during the Registration, and data on the personal payment card, and the impossibility to receive the Service or any information from the Contractor for these reasons.

7.14. The Contractor is not responsible for the quality of public communication channels and power outages, as well as the data network that is used to access the Services, for the condition and sanity, repair and maintenance of any software and hardware that is not included in ​its span of control.

7.15. The Contractor is not responsible for the voltage in the electrical network and the possible consequences of voltage fluctuations in the electrical network, which occurred through no guilt of their own.

7.16. The Contractor guarantees the ability of the Charging Stations to deliver current at the declared power, but is not responsible for the quality and speed of charging in case of features, malfunctions or defects of the Customer's Electric Vehicle, including those related to the battery condition etc., and / or in case of inability of the Customer's Electric Vehicle to receive current at the power supplied by the Charging Station due to the operation of the internal control of the Electric Vehicle battery control system.

7.17. The Contractor shall not be liable for any negative consequences resulting from the Customer's use of his / her own charging cable (for damage caused to the health of the Customer or third parties, for damage to the Customer's property or third parties, etc.).

7.18. The Contractor is not responsible for the speed of the electric vehicles charging process in case of simultaneous use of the Charging Station by two electric vehicles, but the Contractor will try to provide the maximum possible capabilities of charging current at each of the Charging Station ports.

7.19. The Contractor shall not be liable for the preservation of the Electric Vehicle and / or other property of the Customer either during the receipt of the Services or during parking in a parking lot located nearby or at any distance from the Charging Station, except in cases where the damage to the Electric Vehicle was caused due to the Charging Station operation in the manner prescribed by paragraph 7.6. of this Agreement.

7.20. The Customer is responsible for the use of the Charging Station or the adjacent area after the charging session is over in the form of payment for Downtime.

7.21. Non-fulfillment or improper fulfillment of the terms of this Agreement by one of the Parties is grounds for refusal to fulfill the Agreement by the other Party.

7.22. Neither Party shall be liable for the obligations of the other Party.

7.23. All differences and disputes that may arise between the Parties due to the implementation of this Agreement shall be resolved through negotiations. If the Parties have failed to reach a mutual agreement on disputes, as well as if one of the Parties evades negotiations, the dispute shall be resolved in court in accordance with the rules of jurisdiction established by the legislation of the country where the Charging station is located.


8. FORCE MAJEURE

8.1. In case of force majeure, ie circumstances that have arisen and act independently of the will of the Parties and which the Party could not objectively foresee and prevent, if these circumstances prevent the Party from properly fulfilling its obligations under this Agreement, the term of this Party obligations under this Agreement shall be extended for the duration of force majeure, but not more than for 6 (six) months.

8.2. Force majeure circumstances include wars and other hostilities, earthquakes, floods and other natural disasters, the adoption of regulations by public authorities and local governments, and other similar circumstances that impede the proper fulfillment by the Parties of their obligations under this Agreement.

8.3. A Party that is unable to properly perform its obligations under this Agreement due to force majeure, shall notify the other Party in writing of the occurrence of these circumstances and the estimated period of their validity within 10 (ten) calendar days from the date of their occurrence (with the addition of evidence of the following circumstances: a document issued by the authorised Chamber of Commerce and Industry or another competent authority).

8.4. If the circumstances of force majeure or their consequences last for more than 6 (six) months, the Parties shall, on the basis of mutual negotiations, decide to terminate this Agreement.


9. TERM OF AGREEMENT

9.1. The provisions of this Agreement should be deemed valid from the date specified at the beginning of this Agreement, and the Agreement itself should be deemed concluded by the Parties from the moment of its acceptance by the Customer in accordance with paragraph 4.2. of this Agreement and is valid until 31.12.2021 or until its termination by any of the Parties in the manner prescribed by this Agreement.

9.2. This agreement may be terminated early:

9.2.1. By mutual consent of the Parties in case of objective impossibility of performance by the Parties of this Agreement;

9.2.2. At the initiative of the Customer:

- in case of a significant change in the terms of the Agreement;

- in case of non-fulfillment or improper fulfillment of their obligations by the Contractor.

9.2.3. At the initiative of the Contractor:

- in case of violation by the Customer of the conditions and procedure for receiving the Services;

- in case of damage to the property, equipment, software of the Contractor used by the Customer to receive the Services and / or the place of provision of the Services, due to their incorrect operation by the Customer;

- in other cases provided by the Agreement and the appropriate legislation.

9.3. The Customer unilaterally terminates this Agreement by deleting his / her account in the To-U Mobile Application.

9.4. Unilateral termination of this Agreement by the Contractors is carried out by not providing the Customer with access to the Mobile Application "To-U".


10. FINAL PROVISIONS

10.1. This Agreement is a public agreement.

10.2. By accepting the terms of this Agreement, the Customer certifies a full understanding of its text, written in English.

10.3. By signing this Agreement, the Customer agrees to the Contractor to process his personal data (including: collection, storage, systematization, change, deletion, use, distribution, etc.), and also gives the right to include their personal data in a single database of Customers of the Contractor. The Contractor should ensure the protection of the Customer's personal data and their disclosure according to privacy policy, accepted by the Customer.

10.4. The Contractor may use data on charging sessions and other data related to the operation of Charging Stations for the purpose of their use for analytical / statistical reports of the Contractor and / or third parties.

10.5. By signing this Agreement, the Customer certifies his acquaintance with the Rules of Charging Stations operation.

10.6. By signing this Agreement, the Customer confirms that he has been warned that the Сharging Stations are under high voltage, and also confirms his awareness that improper / illegal handling of Charging Stations is a threat to damage to his health / life / property.

10.7. Communication between the Parties regarding the fulfillment of the terms of this Agreement should be made using the To-U Mobile Application, means of electronic communication and the Support.

10.8. The Customer confirms that he / she has read and undertakes to comply with the Rules of Operation of the Mobile Application "To-U" and Charging Stations, which can be found on the official website of the Contractor at the link: https://www.go-tou.com/chargingRules/ChargingInstructionUA.pdf.


11. LEGAL ADDRESS AND DETAILS OF THE CONTRACTOR

CONTRACTOR:

Go To-U Inc. located at 1601 Gem Drive, Roseburg OR, 97471, USA.

CEO Nazar Davyda





Annex №1 to the Public Agreement

on the provision of electric vehicles charging services

under date of "01" August 2020


RULES OF OPERATION OF THE TO-U MOBILE APPLICATION AND CHARGING STATIONS

1. Registration of a new Customer and creation of an account in the Mobile application "To-U":

1.1. Customer registration is carried out in the Mobile application "To-U".

1.2. To register, the Customer must enter: login and password; mobile phone number; email address.

1.3. The creation of a Customer's account is the result of registration in the Mobile application "To-U".

1.4. The Customer has the right to delete his account at any time, which indicates the termination of the contractual relationship.


2. Replenishment of the Customer Account:

2.1. Replenishment of the Customer Account is carried out using the Customer's payment card, information about which is entered by the Customer into the account in the Mobile application "To-U".

2.2. The Customer Account is refilled using the To-U Mobile Application by debiting funds from the Customer's bank account, which are automatically credited to the Contractor's bank account.

2.3. The Customer's funds received on the Contractor's bank account are 100% prepayment for the provided Services in the future and are at the Contractor’s full disposal from the moment of their crediting to the Contractor's bank account.

2.4. The Customer Account is refilled from the moment of receiving from the payment system confirmation of successful debiting of funds from the Customer's bank account and / or increase of the Customer Account.

2.5. The Customer Account refill is carried out at the current Cost of Services, which are indicated in the Mobile application "To-U" and may change depending on the location and time of the Charging Station reservation.

2.6. The credited funds are subject to transfer to Units, in which the cost of one kWh is measured and the number of kWh that may be provided to the Customer as a result of the provision of Services is determined. The cost of Downtime is also defined in Units.

2.7. The result of Customer Account refill is an increase in the Units number displayed on the Customer Account.


3. Implementation of the charging session of Electric Vehicles:

3.1. Preparation for the charging session:

3.1.1. Open the To-U Mobile application.

3.1.2. Select a Charging Station on the map.

3.1.3. Book the Station for the time you need.

3.1.4. Arrive at the Charging Station.

3.1.5. If the Charging Station is located in the territory where check-in or stay involves fees - pay it, as such costs are not included in the cost of Services.

3.2. Charging session using the Charging Station.

3.2.1. Check the absence of information about the fault of the Charging Station, maintenance.

3.2.2. If the Customer charges the Electric Vehicle at the Charging Station, which includes the cable and connector - the Customer is obliged to choose the connector (CCS-2 or CHAdeMO) that is mechanically and electrically compatible with his Electric Vehicle.

3.2.3. If the Customer charges the Electric Vehicle at a Charging Station equipped with a three-phase socket - the Customer is obliged to use only his / her own certified cable, which is mechanically and electrically compatible with his / her Electric Vehicle and the socket at the Station.

3.2.4. Do not allow the connection of Electric Vehicle to the Charging Station in case of technical malfunction of Electric Vehicle and / or in case after an accident, as a result of which the Electric Vehicle was damaged, its restoration was carried out without a certified inspection by the Electric Vehicle brand dealer.

3.2.5. It is not allowed to use electric vehicles and charging cables for charging at charging stations, which do not meet the relevant international standards or are uncertified, or self-made, or with modifications of the power supply system that were not provided by the respective manufacturer.

3.2.6. After committing the actions provided for in paragraphs. 3.2.1.-3.2.5. connect the cable to the Electric Vehicle / Charging Station.

3.2.7. Make sure GPS and the Internet are turned on on your phone.

3.2.8. In the To-U Mobile application, click Start charging.

3.2.9. During the Charging Stations operation in the time of the quarantine established for prevention of the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2, the Client is obliged to comply with all requirements of public authorities and local governments. regarding handling in a public place, in particular, to be in protective equipment, to ensure disinfection of the cable / connector of the Charging Station, etc.

3.3. End of charging session:

3.3.1. After receiving a notification in the Mobile Application "To-U" about the end of the charging session, the Customer is obliged to take technical actions aimed at disconnecting the Electric Vehicle from the Charging Station and leaving the adjacent territory during the Bonus Time. Otherwise, the Customer will be obliged to pay for the Downtime.

3.3.2. After the charging session is over, the Customer is obliged to disconnect the cable / connector from the Electric Vehicle and place it in a specially designated place on the Charging Station. It is forbidden to move the Electric Vehicle with the plugged connector.

3.3.3. After disconnecting the cable / connector, the Customer is obliged to free up space for charging other Customers.


4. Deletion of the User account in the Mobile application "To-U":

4.1. To delete an account, open the Mobile application "To-U".

4.2. Go to the "Profile" section.

4.3. Open "Settings".

4.4. Click “Delete Account”.