TERMS OF USE

BACKGROUND AND SCOPE

The following are the terms of use between you and Vayve Mobility Private Limited (“Vayve”, “Company”, “we” or “us”). The following terms and conditions, together with any policies incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of www.evayve.com and www.evacitycar.com all its subdomains and all other websites or owned, operated or maintained by Vayve and its affiliated companies, including any content and functionality offered thereon (collectively the “Website”). The term “you”, as used in these Terms of Use, means any person or entity who accesses or uses the Website.

BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE. If you do not agree to these terms, please do not use this Website. Vayve may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Website. Vayve may also make improvements or changes in the products or other content displayed in this Website at any time without notice.

Please note that Vayve reserves the right to revise Terms of Use of this Website at any time by posting an update to this page. Your continued use of this Website following the posting of modifications to these Terms of Use indicates your acceptance of the modifications. You must revisit these Terms of Use on a regular basis as revised versions will be binding on you.

Vayve reserves the right, in its sole discretion, to determine if you have violated these Terms of Use, and to take any action it deems appropriate. You acknowledge that Vayve shall have the right to terminate your access to the Website for violations of any of these rules, including repeat infringement of copyrights.

YOUR PRIVACY

Your privacy is of utmost importance to us. Please carefully read and understand the Vayve Privacy Policy available at Vayve’s website, and as updated from time to time. The Privacy Policy describes how we collect, use, process and protect data from you and your devices when you are accessing and accessing the Website.

YOUR USE OF WEBSITE

The Company authorizes you to view and download the materials at this Website only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms of Use, any use of these materials on any other website, mobile application, or networked computer environment for any purpose is prohibited. The materials at this website are copyrighted and any unauthorized use of any materials at this website may violate copyright, trademark, and other laws. If you breach any of these Terms of Use, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials.

INTELLECTUAL PROPERTY RIGHTS

All content on this Website including but not limited to trademarks, logos, designs, texts, graphics, sounds, images, software, and other materials on the Website (the “Materials”) are the intellectual property of Vayve, its licensors or other vendors. The Materials are protected by applicable intellectual property laws. You shall not:

• Copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Material contained in the Website except as set out hereunder. These restrictions apply in relation to all or part of the Material on the Website;
• Copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other website; and
• Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Website and link to this Website.

THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

• In your use of the Website, you may enter into correspondence with, purchase products and/or services from, or participate in promotions of advertisers or sponsors of the Website. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for products and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Vayve has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
• This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by Vayve. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, services and/or products that may be of interest to you, swiftly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites are suitable for your purposes. Vayve is not responsible for the owners or operators of these websites or for any products or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).

USER SUBMISSIONS

Any material, information or other communication you transmit or post to this Website will be considered non-confidential and non-proprietary ("User Submissions"). Vayve will have no obligations with respect to the User Submissions. Vayve and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Notwithstanding the foregoing, this section is not intended to apply to information collected by Vayve from you in accordance with the Privacy Policy, or to modify any written agreement between the parties regarding the treatment of confidential information transmitted in connection with the provision of Vayve support.

DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

• Although Vayve tries to ensure that all information and recommendations, whether in relation to the products, services, offerings or otherwise (hereinafter "Information") provided as part of this Website is correct at the time of inclusion on the Website, Vayve does not guarantee the accuracy of the Information. Vayve makes no representations or warranties as to the completeness or accuracy of Information.
• Vayve makes no commitment to update or correct any Information that appears on the Internet or on this Website.
• Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Information at this Website shall constitute an invitation to invest in Vayve or any affiliates. Any use of this Website or the Information is solely at your own risk. Neither Vayve and Vayve affiliates or subsidiaries, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website or the Information, or any website linked to this Website.
• Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Vayve makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
• THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. VAYVE, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WITHOUT LIMITATION, VAYVE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VAYVE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF VAYVE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. MISCELLANEOUS

• Governing Law and Jurisdiction: These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the exclusive jurisdiction of the courts located at Pune, India for the resolution of all such disputes.
• Force Majeure: Under no circumstances shall Vayve, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
• Entire Agreement: Except as provided in any other written agreement signed by Vayve, these Terms of Use constitute the entire agreement between you and Vayve with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.