Terms and Conditions of Use

Advertiser or Brand Advertiser

a person or organization purchasing or placing advertising content on SupaChaja-managed digital advertising screens.

Charging Station

an EV charging location containing one or more EV charging points.

Charging Session

the period during which an authorized vehicle receives or attempts to receive electricity through a charging point.

CPO or Operator

a person or organization that owns, manages or operates one or more charging stations connected to the Platform.

Digital RFID

the unique digital vehicle identity assigned by SupaChaja to a registered vehicle for authentication, access control and billing without requiring a physical RFID card.

Driver

an individual accessing charging services through the Platform.

Environmental Attributes

any emissions reductions, avoided emissions, carbon credits, greenhouse-gas reductions, renewable-energy claims, certificates or other environmental benefits capable of being quantified, registered, transferred or monetized under an applicable standard or law.

EV

an electric vehicle or plug-in vehicle capable of receiving electricity from an external charging source.

Fleet Manager

an organization or authorized person administering vehicles, drivers, charging permissions and billing through a fleet account.

Platform

SupaChaja's CPMS/CSMS, mobile app, QR web app, USSD service, Digital RFID system, advertising-management system, websites, APIs and related software services.

Site Host

the owner, tenant or authorized occupier of premises at which a charging station or advertising-enabled charging station is installed.

You must be at least 18 years old and legally capable of entering into a binding agreement to create an account or enter into a paid transaction through the Platform.

Organizations using the Platform represent that the individual accepting these Terms has authority to bind that organization.

Electronic acceptance, including clicking an acceptance button, completing an online transaction, initiating a charging session or otherwise using a service after the Terms have been presented, may constitute acceptance subject to applicable law.

Before completing a transaction, users should be provided with material information such as the service selected, applicable tariff or fee, payment amount and other material terms. Consumer-facing electronic contracting processes should also provide an opportunity to identify and correct errors before final submission, consistent with applicable Kenyan consumer law.

SupaChaja operates an integrated electric-mobility platform connecting Drivers, EVs, CPOs, Fleet Managers, charging stations, payment providers, Site Hosts and Advertisers.

Depending on the charging station:

• SupaChaja may own or directly operate the station;
• a third-party CPO may own or operate the station through SupaChaja's Platform; or
• the station may form part of a private or fleet charging network.

Where a third-party CPO operates a station, SupaChaja may provide software, payment orchestration, driver access and reporting services while the CPO remains responsible for matters allocated to it under its commercial agreement, including relevant hardware operation, maintenance and site management.

Station information, tariffs, operating hours, connector availability and amenities may change. SupaChaja will take reasonable steps to maintain accurate information but does not guarantee that every listed charger will be available at every moment.

Drivers must use the Platform, charging equipment and charging locations responsibly and safely. Drivers agree to:

• provide accurate account, contact, payment and vehicle information;
• keep account credentials, verification codes and PINs confidential;
• select a connector compatible with the vehicle before connecting;
• verify the charger ID before initiating a session;
• use only compatible charging connectors and approved adaptors;
• follow vehicle-manufacturer, charger-manufacturer and SupaChaja safety instructions;
• inspect charging equipment for obvious damage before use;
• not use damaged, submerged, vandalized or visibly unsafe equipment;
• not interfere with, dismantle, bypass or modify charging equipment;
• not attempt to bypass payment, authentication, access controls or session limits;
• move the vehicle reasonably promptly after charging is complete where required;
• comply with parking, property and Site Host rules;
• immediately report unsafe equipment, charging faults or suspected unauthorized use; and
• comply with applicable laws and regulations.

Drivers are responsible for confirming that their EV is technically compatible with the selected charger and connector.

Adaptors:

Where an adaptor is required, the Driver must ensure that the adaptor is specifically compatible with the vehicle, charger, voltage, current and communications protocol.

Cross-standard DC adaptors may require active protocol conversion. SupaChaja does not warrant the compatibility of an unapproved third-party adaptor merely because its physical connectors fit.

Use of an incompatible or unauthorized adaptor is at the Driver's risk to the extent permitted by law.

SupaChaja may collect charging-session information including energy dispensed, charger characteristics, time, location and other data necessary to calculate or support greenhouse-gas emissions reductions and other environmental benefits attributable to the operation of the SupaChaja network.

To the maximum extent permitted by applicable law, the Driver acknowledges and agrees that SupaChaja owns, or shall have the exclusive right to develop, aggregate, register, verify, issue, transfer, retire or monetize, any Environmental Attributes arising from or attributable to charging sessions conducted through the SupaChaja network, except where those rights are expressly allocated to another party under a separate written agreement or applicable law.

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Accordingly:

• Payment for electricity or charging services does not by itself transfer ownership of carbon credits to the Driver;
• Drivers are not entitled to proceeds generated from Environmental Attributes unless SupaChaja expressly agrees otherwise in writing;
• SupaChaja may aggregate multiple charging sessions or stations for purposes of carbon accounting, verification or registration;
• Drivers shall not knowingly make competing ownership claims over the same Environmental Attributes if doing so would result in double issuance or double claiming; and
• SupaChaja may use anonymized or appropriately processed charging data for carbon accounting, subject to applicable data-protection law.

A Charging Session does not automatically create a tradable carbon credit. Any issuance, registration or monetization remains subject to applicable methodologies, registries, validation and verification requirements and Kenyan carbon-market law.

Fleet Managers are responsible for maintaining accurate records of vehicles, drivers and authorized users registered under their fleet account.

Fleet Managers may:

• register vehicles;
• assign Digital RFID identities;
• authorize charging locations;
• configure vehicle or driver permissions;
• access charging reports;
• receive consolidated invoices or statements; and
• approve charging expenses under agreed fleet rules.

Fleet Managers must promptly remove access for vehicles that are sold, transferred, stolen or no longer authorized.

A Digital RFID is a platform identity credential, not proof of vehicle ownership.

Drivers using an authorized fleet account must only charge vehicles assigned to that account and comply with fleet access policies.

SupaChaja may reject or suspend a Digital RFID identity if fraud, unauthorized access, duplicate vehicle registration or account misuse is suspected.

Operators connected to the Platform agree to:

• provide accurate station, charger, connector, tariff and contact information;
• maintain their charging equipment in safe operating condition;
• maintain required electrical installations, approvals and site permissions;
• ensure compatible chargers remain correctly configured for communication with the Platform;
• maintain adequate electrical supply and network connectivity where reasonably required;
• promptly investigate charger faults and safety issues;
• keep tariffs and operating information accurate;
• clearly disclose applicable charging and other fees;
• comply with applicable consumer-protection, electrical-safety, environmental and other requirements;
• not manipulate transaction, metering or utilization data;
• protect CPO dashboard credentials and authorized-user access;
• maintain appropriate insurance where required by law or commercial agreement; and
• comply with the applicable SupaChaja CPO agreement and service-level arrangements.

Unless expressly agreed otherwise, CPOs remain responsible for the physical condition and operation of their third-party charging equipment and locations.

Operators may configure stations as public, private or hybrid subject to their Platform configuration and commercial agreement.

Access to private or fleet stations may be restricted based on:

• vehicle;
• Driver;
• Digital RFID;
• fleet;
• station;
• location;
• time of day;
• tariff;
• energy limits; or
• other approved access rules.

The existence of a station on a map does not necessarily mean that every Driver is authorized to use it.

A session normally begins after successful vehicle connection, authorization and payment or fleet-account approval.

Actual charging speed depends on factors outside SupaChaja's complete control, including:

• EV battery capability;
• battery State of Charge;
• battery temperature;
• vehicle charging curve;
• charger power;
• connector capability;
• site electrical capacity;
• simultaneous charger use; and
• vehicle software.

A charger's advertised maximum power is therefore not a guarantee that a particular EV will continuously receive that power.

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SupaChaja may stop or restrict a session when reasonably necessary for safety, equipment protection, payment authorization, maintenance, regulatory compliance or network integrity.

Applicable tariffs and known transaction charges will be displayed or communicated through the relevant Platform workflow before the transaction is confirmed where required.

Pricing may vary by:

• station;
• CPO;
• AC or DC charging;
• energy consumed;
• charging duration;
• time of day;
• public or fleet status;
• applicable taxes; or
• other disclosed tariff rules.

Payments may be processed through mobile money, card networks or other approved payment providers.

SupaChaja may use third-party payment providers and is not responsible for outages within an independent payment provider's systems, although SupaChaja will take reasonable steps to reconcile affected transactions.

Where payment is made before charging begins, the Platform may authorize or collect an amount based on the selected session.

If a session fails to start or ends early, SupaChaja or the applicable Operator will reconcile the payment according to the amount properly chargeable and applicable refund policy.

Refund timing may depend on the relevant bank, mobile-money provider or card network.

Users must report disputed transactions within a reasonable period after becoming aware of them.

Nothing in this clause removes mandatory consumer rights under applicable law.

Brand Advertisers using SupaChaja's Digital Out-of-Home ("DOOH") network must ensure that all submitted advertising material:

• is accurate and not misleading;
• complies with applicable advertising, consumer, intellectual-property and other laws;
• does not infringe copyright, trademark, privacy, publicity or other third-party rights;
• does not contain unlawful, defamatory, discriminatory, fraudulent or harmful material;
• contains all disclosures required for regulated products, promotions or claims;
• has been authorized by the Brand Advertiser for publication;
• complies with agreed technical specifications, dimensions, duration and file formats;
• does not contain malware, harmful code or unauthorized tracking technology; and
• is appropriate for the audience and physical location at which it will be displayed.

Advertiser Content Licence

The Advertiser grants SupaChaja, for the campaign period and purposes reasonably necessary to perform the advertising services, a non-exclusive licence to reproduce, resize, format, transmit, display and distribute approved campaign materials.

Ownership of the Advertiser's original intellectual property remains with the Advertiser.

Advertisement Approval

SupaChaja may reject, suspend or remove advertising that:

• violates law;
• breaches these Terms;
• conflicts with Site Host requirements;
• creates safety concerns;
• creates material reputational risk; or
• is reasonably suspected of infringing third-party rights.

Approval by SupaChaja does not transfer responsibility for the truth, legality or substantiation of the Advertiser's claims to SupaChaja.

Campaign Delivery

Unless expressly agreed in writing:

• proof-of-play or proof-of-flight confirms display activity, not guaranteed human viewing;
• audience, footfall and impression figures are estimates where identified as such;
• SupaChaja does not guarantee customer purchases, leads, conversions or sales;
• screen availability may be affected by maintenance, electricity or connectivity interruptions; and
• remedies for material under-delivery will be determined under the applicable advertising agreement.

To the extent permitted by law, an Advertiser shall indemnify SupaChaja against third-party claims, losses and reasonable costs arising from:

• infringement of intellectual-property rights by Advertiser content;
• false or misleading advertising claims;
• unauthorized use of a person's image, trademark or copyrighted work;
• violation of applicable advertising laws; or
• the Advertiser's material breach of these Terms.

This indemnity does not apply to the extent the loss results from SupaChaja's own unlawful conduct, gross negligence or wilful misconduct.

The Platform, software, interfaces, databases, APIs, designs, trademarks, logos, documentation and proprietary technology are owned by or licensed to SupaChaja and are protected by applicable intellectual-property law.

Except as expressly authorized, no person may:

• copy;
• reproduce;
• modify;
• reverse engineer;
• scrape;
• sell;
• sublicense;
• distribute; or
• create derivative works from the Platform or SupaChaja intellectual property.

Subject to applicable data-protection law and contractual restrictions, SupaChaja may generate and use aggregated or anonymized operational information including:

• charger utilization;
• energy throughput;
• uptime;
• charging demand;
• payment trends;
• fleet usage;
• network performance;
• environmental-impact estimates; and
• advertising delivery metrics.

Aggregated or anonymized information that does not identify an individual may be used to operate, improve and develop SupaChaja products, services, analytics and commercial offerings.

SupaChaja may process personal information required for account creation, authentication, Digital RFID, payments, charging sessions, fleet management, customer support, security and other lawful Platform purposes.

Processing will be governed by the SupaChaja Privacy Policy and applicable Kenyan data-protection requirements.

Users should refer to SupaChaja's Privacy Policy for detailed information concerning:

• categories of data collected;
• lawful bases for processing;
• retention;
• sharing;
• international transfers;
• security;
• user rights; and
• contact procedures.

Users must not:

• gain or attempt unauthorized access to the Platform;
• impersonate another person;
• register a vehicle without authority;
• manipulate charger or payment records;
• interfere with APIs or OCPP communications;
• introduce malware;
• reverse engineer security controls;
• use bots or scripts to abuse the service;
• circumvent payment or authentication mechanisms;
• tamper with Digital RFID credentials;
• disrupt a charging station; or
• use the Platform for unlawful purposes.

The Platform may integrate services provided by:

• mobile-network operators;
• mobile-money providers;
• banks;
• payment gateways;
• map providers;
• cloud providers;
• charger manufacturers;
• Site Hosts;
• CPOs; and
• other service providers.

A failure by an independent third-party service may temporarily affect Platform functionality.

Where a third party supplies services directly to the user, its terms may also apply.

SupaChaja aims to provide reliable services but does not warrant uninterrupted or error-free availability.

Services may temporarily be unavailable due to:

• maintenance;
• electricity outages;
• telecom failures;
• internet outages;
• charger faults;
• software upgrades;
• payment-network failures;
• cybersecurity events;
• regulatory requirements; or
• circumstances outside reasonable control.

Where practical, SupaChaja will work to restore affected Platform services promptly.

Charging involves high-voltage electrical equipment. Users must follow all safety notices displayed at the charging station and instructions issued by the EV or charger manufacturer.

Do not use charging equipment that appears:

• physically damaged;
• burned;
• exposed;
• submerged;
• vandalized; or
• otherwise unsafe.

Emergency situations should be reported immediately to the Site Host, Operator, SupaChaja and appropriate emergency services where necessary.

To the extent permitted by law, the Platform and related services are provided on an "as available" basis.

SupaChaja does not guarantee:

• continuous charger availability;
• a particular charging speed;
• vehicle compatibility with every charger;
• mobile-network availability;
• uninterrupted payment processing;
• availability of parking bays or amenities;
• a specific commercial result from advertising; or
• issuance of any specific volume or value of carbon credits.

Nothing in these Terms excludes warranties, guarantees or protections that cannot legally be excluded.

To the maximum extent permitted by law, SupaChaja shall not be liable for indirect, consequential or purely economic losses arising solely from circumstances outside SupaChaja's reasonable control.

Any contractual liability limitation shall not apply where exclusion is prohibited by law, including liability that cannot legally be excluded for fraud, wilful misconduct, gross negligence or mandatory consumer rights.

For business customers, additional liability limits may be specified in the applicable CPO, fleet, advertising, SaaS or commercial agreement.

CPOs, Fleet Managers, Site Hosts and Advertisers shall, to the extent permitted by law, indemnify SupaChaja for third-party losses arising directly from their:

• unlawful conduct;
• material breach of these Terms;
• unauthorized Platform use;
• infringement of third-party rights; or
• negligent operation of equipment or facilities under their control.

SupaChaja may temporarily restrict or terminate Platform access where reasonably necessary because of:

• material breach of these Terms;
• non-payment;
• fraud;
• unsafe charging activity;
• unauthorized system access;
• misuse of Digital RFID;
• illegal advertising content;
• cybersecurity threats;
• regulatory requirements; or
• activity that materially threatens users, the Platform or charging infrastructure.

Where circumstances reasonably permit, SupaChaja will provide notice and an opportunity to resolve the issue before permanent termination.

Termination does not extinguish obligations accrued before termination, including outstanding payments, intellectual-property obligations, confidentiality, indemnities or environmental-attribute provisions intended to survive termination.

Neither SupaChaja nor an affected business counterparty will be liable for failure or delay caused by events reasonably beyond its control, including:

• major power failures;
• natural disasters;
• flooding;
• fire;
• civil unrest;
• war;
• government actions;
• telecommunications failures;
• nationwide payment-network failures;
• pandemics;
• major cybersecurity incidents; or
• other force-majeure events.

The affected party shall take reasonable measures to mitigate the impact.

Users should first submit complaints to SupaChaja Support so the matter can be investigated and, where appropriate, escalated to the relevant CPO, payment provider, Site Host or business unit.

The parties should attempt in good faith to resolve disputes through direct negotiation.

Nothing in these Terms prevents a consumer from exercising rights or remedies available under applicable law.

These Terms are governed by the laws of the Republic of Kenya.

Subject to any mandatory statutory dispute-resolution process and any separately negotiated business-to-business agreement, disputes that cannot be resolved amicably shall be subject to the jurisdiction of the competent courts of Kenya.

SupaChaja may update these Terms to reflect:

• new Platform functionality;
• regulatory changes;
• payment services;
• charging technologies;
• security requirements;
• carbon-market requirements; or
• changes to its business services.

Material changes will be communicated through the Platform or other reasonable means before becoming effective where required by law.

Continued use after the effective date constitutes acceptance where legally permitted.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in effect to the extent legally permitted.

These Terms, together with the applicable Privacy Policy and transaction-specific conditions, form the general agreement governing Platform use.

For CPOs, Fleet Managers, Site Hosts and Advertisers, a separately executed commercial agreement may contain additional or different provisions. Where expressly stated, that agreement will prevail over these general Terms for the relevant commercial relationship

For questions, complaints, rights requests or concerns about SupaChaja's handling of personal data, contact:

Company

SupaChaja Limited

Location

Nairobi, Kenya

Email

info@supachaja.com

Driver Support

+254 710 508 423

Website

www.supachaja.com