1 § Electric Vehicle Charging Service

EVChaja (via Evchaja Limited, registered in Kenya with company number PVT-ZQUBZ25, with adress Mpaka Road Madonna House Suite A309, 3rd Floor, Nairobi, Kenya. Contact: [email protected]) offers via ChargePanel (ChargePanel AB, corporate identity number 556963-3182, Skeppsbron 34, 11130 Stockholm, Sweden. Contact: [email protected]) a charging service for the public (hereinafter the Customer) at charging stations as a third party connected to EVChaja to control and monitor charging of electric current in public as well as private networks of charging stations.

These general terms and conditions (hereinafter The Terms) are aimed towards the charging service and the Customer's use of EVChaja and apply to charging stations in networks connected EVChaja Stations that are part of EVChaja’s network can be found in the mobile application EVChaja (hereinafter the App).

2 § Use of the mobile application EVChaja

EVChaja offers via Evchaja Limited, a mobile application that makes it possible to find stations and to pay for charging at EVChaja’s charging stations.

EVChaja reserves the right to at any time, without compensation to the customer, to remove, shut down or deactivate the mobile application EVChaja. The customer is not entitled to damages due to the outage of the EVChaja mobile application.

3 § Use of EVChaja’s charging stations

The customer is responsible for connecting the correct equipment between the vehicle and the charging socket. Respective charging station owners within the EVChaja network are responsible for ensuring that the charging stations comply with applicable standards, laws, and regulations. The charging capacity is dependenton several factors, such as the technical conditions of the electric vehicle, the vehicle battery charge level and charging station capacity, of which the component with the lowest capacity will be decisive for what effect the electric vehicle can utilise.

EVChaja can therefore not guarantee that it will be possible for the charging of an electric vehicle to be carried out within a maximum specified time limit or with a certain minimum effect.

4 § Availability

The charging service is available to the Customer around the clock, but in practice the possibility to charge can be limited e.g. due to some charging stations not being accessible at certain times due to special restrictions.

The availability of EVChaja’s charging stations is communicated through the App.

EVChaja strives for the charging stations in EVChaja’s network to be operational to the highest extent possible. In case the charging station should be affected by technical error, EVChaja will attempt to correct the error as soon as possible.

EVChaja reserves the right, without compensation to the Customer, to change, limit access to, or turn off the charging service or charging station for e.g. updates, maintenance, and error correction or due to force majeure conditions outside EVChaja’s control.

5 § Payment

Use of the Charging Service in the form of charging history is saved for the Customer in the App.

The customer is liable for payments to EVChaja for all use of the charging service as carried out.

Payment for the charging can be made by mobile money, credit card or other payment method and takes place before or after completion of charging. When invoicing, EVChaja has the right to charge a reasonable fee according to EVChaja’s current price list and, where applicable, impose statutory default interest and collection costs.

Objections to debiting must be submitted by the Customer within a maximum of 14 days after completed charging. Eligible repayment is made to the same payment method as was used for payment unless expressly agreed otherwise.

EVChaja has the right under all circumstances to suspend the Customer during the time, in cases where the payment terms are not met.

6 § Personal data

EVChaja will save the charging history for each Customer including e.g. information about which charging station was used, withdrawn electricity, payment amount and time for usage of the Charging Service.

The Customer agrees that personal data and data linked to the Customer's use of the charging service and the charging stations will be processed and stored by EVChaja, other concern companies or EVChaja‘s partners in accordance with General Data Protection Regulation (2016/679) and other applicable national data protection legislation and to the extent necessary as is required for administration and performance of the agreement with the Customer and related services. Information collected will also be processed in connection with business and product development, statistics, market and customer analyses and direct marketing provided that the customer has not notified EVChaja that she or he opposes direct marketing.

The customer can receive information, free of charge on how personal data concerning the customer is processed. The customer may also request personal information that has not been processed in accordance with General Data Protection Regulation (2016/679) corrected, blocked, or deleted.

Liability for errors, etc.

EVChaja is not liable for damages resulting from defects in compatibility between the Customer's Vehicle and the charging station, or due to the Customer usage of the Charging Service or the charging station in violation of the applicable regulations at any given time, instructions and technical requirements, as set forth in this Agreement or as EVChaja otherwise made available to the Customer.

EVChaja is not liable for indirect damages or consequential damages attributable to damages on the Customer's property and which arises as a result of the Customer's use of the charging service or charging station.

The customer agrees that EVChaja may, on unchanged terms, transfer in whole or in part their rights and obligations under this agreement to another company within the same group or to another party who can reasonably be expected to fulfill the obligations under the agreement in a satisfactory manner.

The customer does not have the right to transfer all or part of his or her rights or obligations under the agreement in whole or in part.

The customer is not entitled to compensations due to the closure of a charging station or that it is out of order.

The customer is responsible for following all guidelines and requirements in accordance with the instructions provided by EVChaja from time to time. This includes responsibility for ensuring that the electric vehicle that the Customer uses in connection with the Charging Service meets all requirements for charging.

EVChaja reserves the right to block the Customer at any time with immediate effect for misuse of the service, if there is a suspicion of unauthorised use, or risk that the Customer does not fulfil its obligations to EVChaja.

8 § Contract transfer

The customer agrees that EVChaja may, on unchanged terms, transfer in whole or in part their rights and obligations under this agreement to another company within the same group or to another party who can reasonably be expected to fulfil the obligations under the agreement in a satisfactory manner.

The customer does not have the right to transfer all or part of his or her rights or obligations under the agreement in whole or in part.

9 § Validity of the agreement

These terms and conditions apply until further notice. EVChaja has the right to terminate this agreement with immediate effect if the Customer violates these terms of use or uses the charging service or a charging station in such a way that inconvenience or damage arises for EVChaja.

10 § Change of Terms

EVChaja reserves the right to change these terms, provided that the customer is notified by email of the change at least two months before the change takes effect. In such cases, the customer shall be deemed to have been notified two days after the e-mail has been sent.

11 § Disputes

Disputes concerning the application or interpretation of the Terms shall be resolved primarily through negotiation and agreement between the parties. In the event that an agreement cannot be reached, a dispute shall be decided by the Magistrates’ Court, in which case Swedish law shall apply.