Sparklin Application Terms of Use

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in the performance and monitoring of this contract.

The Spark-A and Spark-i mobile applications are developed and published by Sparklin SAS, registered with the Nantes Trade and Companies Register under number B 894 896 448, with registered offices at 4 rue de la Cornouaille, 44300 Nantes, France.

Phone: 02 85 52 26 35 — email: contact@sparklin.io

Host:
Trident Media Guard SA,
Registration No. 441 392 586
4 rue de la Cornouaille, 44300 Nantes, France

For the purposes of this Contract, the following terms are defined as follows:

"User Application": refers to the SPARKLIN mobile application installed on the User's phone for the purposes of using the Socket, which includes the SPARKLIN Services as well as all content, tools, functions and features offered, namely:

1. Spark-A Application: the application intended for Users of Sparklin Sockets, enabling them to access Sparklin Services, published on the Google Play® application marketplace.
2. Spark-i Application: the application intended for Users of Sparklin Sockets, enabling them to access Sparklin Services, published on the App Store® application marketplace.
3. "Installer Application": refers to the SPARKLIN mobile application installed on the Installer's phone for the purposes of installing the Socket at the Manager's request. The Installer Application notably allows the Installer to perform the software commissioning after installation and connection of the Socket.

"Spark Pilot Application": refers to the SPARKLIN web application installed on the Manager's phone to monitor the operation of the Sockets and manage Users and the Community.

"Community": a group of identified Users with usage rights and conditions of use specific to a set of Sockets defined by the Manager.

"Sparklin Account": the personal space created by the User when registering on the User Application.

"Contract" or "Terms" or "Terms of Use": this contractual document governing the conditions of access to and use by the User of the User Application and Sparklin Services.

"Data": refers to all information and data, including all Personal Data, entered, input or uploaded, automatically or by the User, into the User Application.

"Personal Data": refers to any information relating to an identified or identifiable natural person; an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity, including coded or pseudonymised data where the use of such data allows it to be re-attributed to an identified or identifiable person as defined above.

"Installer" refers to SPARKLIN's subcontractors (electricians) for the purposes of installing the Socket.

"Manager": refers to the host provider or the manager of private or public premises equipped with Sockets. This is the organisation that owns the Socket, or the person designated as manager by the owner of the Socket, responsible for managing Users and the Community. The Manager contracts the service offer with Sparklin and notably sets the rules for using the Sockets.

"Sparklin Partners" or "Partners": any legal entity with a contractual relationship with Sparklin other than customers, notably the Integrated Payment Service provider.

"Sparklin Charging Point": a physical location equipped with one or more Sockets.

"Socket(s)": refers to the electrical socket, designed and manufactured by SPARKLIN, intended for charging electric or plug-in hybrid vehicles, connected to a communication network enabling the implementation of Sparklin Services for the benefit of Users.

"Integrated Payment Service": one of the services offered by Sparklin, through its provider, which allows a User to order and track the execution of a Service and then validate payment for a Sparklin Service from one of the Sparklin Mobile Applications.

"Sparklin Services": all the services provided by Sparklin that may be provided to Users, as listed and defined in Appendix A.

"Transaction": the process starting with the ordering of a Sparklin Service by a User, the execution of that order and the related Services, and finally the validation of payment by the User.

"User(s)": any user, whether an individual or a member of an organisation, who has acquired rights to use the Sockets and, as such, benefits from a Sparklin Account or a right to create a Sparklin Account allowing access to the Sockets.

For any question or request for information concerning the application, or to report unlawful content or activity, the User may contact the publisher at the following email address: contact@sparklin.io, or send a letter to:

The purpose of these Terms of Use is to define:

1. The terms and conditions under which Sparklin makes the User Application and the Sparklin Services available to Users;
2. The rights and obligations of Users in the context of using the User Application and the Sparklin Services.

The Terms are made available to Users within the User Application, in the dedicated tab where they can be directly consulted.

Access to and use of the User Application are subject to acceptance of and compliance with these Terms of Use. Each User's explicit acceptance will be requested upon their first connection to the Sparklin Services through the User Application. When creating a Sparklin Account, as provided for under the "Access Conditions" section, the User must review and accept the Terms.

Sparklin reserves the right to modify these Terms of Use at any time and without notice. In such a case, Sparklin will inform Users of the amended Terms and their effective date. The User may refuse these changes within one (1) month of notification of the change, by registered letter with acknowledgement of receipt or at the following email address: contact@sparklin.io. Such refusal will result in the loss of the ability to use the Sparklin Services on the User Application. Continued use of the User Application and the Sparklin Services will constitute acceptance of the amended Terms. The new version of the Terms will be available in a tab of the User Application along with its effective date.

Likewise, Sparklin will from time to time make changes to the User Application and the Sparklin Services, without such changes giving rise to any additional rights, compensation or other recourse for Users, who remain free at any time to stop using the Sparklin Services.

1. Technical requirements

The User Application and the Sparklin Services are accessible to any User with internet access. All costs necessary for accessing IT services (computer equipment, internet connection, etc.) are borne by the User.

By subscribing to these Terms, the User undertakes to have a secure connection guaranteeing use of the User Application and the Sparklin Services in accordance with the conditions set out herein.

2. Registration

Access to the User Application and the Sparklin Services is open to authorised Users.

The User is informed by email that access to the User Application has been created for them by the Manager. The User must then download and log in to the User Application. They must provide their phone number so their authorisation can be verified. The User may create their Sparklin Account if their access has been authorised by a Manager.

Access to the User Application is definitively validated when the User accepts these Terms and the Privacy Policy by checking the boxes provided for this purpose, upon first connection.

Use of the User Application by individuals is reserved for adults or those with parental consent or the consent of a legal guardian. Sparklin reserves the right to request proof of the User's age, or of parental or legal guardian consent, at any time and by any means.

To create a Sparklin Account, the User must provide the Manager with the following information:

• Phone number;
• First and last name (the User must not provide a pseudonym or made-up name);
• Email address.

When registering, the User undertakes to provide all required information accurately, truthfully and up to date, and to keep it up to date for as long as they continue to use the Sparklin Services. In particular, the User must provide a valid phone number, to which Sparklin will send a confirmation of their registration. The same email address cannot be used to register several Users for the Sparklin Services.

Any communication sent by Sparklin and its Partners to Users is deemed to have been received and read by the User. The User therefore undertakes to regularly check messages received at this email address and to respond within a reasonable time, or within the time limits indicated by Sparklin or its Partners, when requested.

Only one registration for the Sparklin Services is accepted per individual. Each User is assigned a unique identifier giving them access to a reserved space, their Sparklin Account, in addition to entering their password.

The password is unique and confidential: the User is responsible for its confidentiality and remains responsible for any use made of it in the event of disclosure to third parties.

In the event of suspected fraudulent use, or loss or theft of a login ID and/or password, the User must inform Sparklin without delay by email at the following address: sav@sparklin.io. Sparklin cannot be held liable for any fraudulent use of the User's Sparklin Account.

Sparklin reserves the right, at its discretion, to refuse a request to register for the User Application and the Sparklin Services.

3. Deregistration — Suspension

A registered User may at any time request to deregister by going to the dedicated page in their Sparklin Account. Any deregistration will take effect immediately after the User has completed the form provided for this purpose and confirmed their request.

Deregistration, for whatever reason, does not exempt the User from paying any sums that may be owed to Sparklin or its Partners, who retain all rights and means of recovery until such debts are extinguished.

Sparklin further reserves the right to suspend or even close, by operation of law, access to the Sparklin Services in the event of non-compliance by Users with these Terms and the Partners' terms of use.

Furthermore, the User's authorisation to access and use the User Application may be withdrawn by the Manager at any time.

In the event of incorrect or false information provided by the User, Sparklin reserves the right to suspend or even close the User's Sparklin Account until the information is corrected, where applicable.

Users undertake to comply with the terms and conditions of these Terms and, in particular, to use the User Application solely to benefit from the Sparklin Services.

The User undertakes in particular to use the User Application and the Sparklin Services:

• in accordance with their intended purpose;
• in compliance with Intellectual Property Rights, in particular those referred to in the "Intellectual Property" clause of these Terms.

The User undertakes in particular to:

• take all necessary precautions to avoid spreading viruses, trojan horses, worms, bombs or any other tool intended to damage, harm or hinder the User Application and the Sparklin Services;
• not transmit viruses or any other harmful or destructive program, and more generally not disrupt the operation of the User Application;
• take all appropriate measures to protect their own data, software and equipment from contamination by viruses or other forms of attack that may circulate via the User Application;
• provide accurate, truthful and genuine information and contact details;
• not post and/or upload to the User Application content that is defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, of a sexual nature, inciting hatred, violence or discrimination, encouraging illegal activities or substance use, or more generally contrary to the purposes of the User Application and the Sparklin Services, liable to infringe the rights of Sparklin or a third party, or contrary to public morals;
• not infringe the rights and image of Sparklin, in particular its intellectual property rights;
• comply with these Terms and the Privacy Policy;
• not use on the User Application any software or programs performing automated tasks, whatever their functions, such practice being deemed an infringement of an automated data system;
• not reuse all or part of the content available on the User Application without the authorisation of the rights holders;
• not reproduce and/or use the trademark, company name, logo or any distinctive sign of Sparklin and/or a third party without authorisation.

Furthermore, Users undertake to report to Sparklin, without delay, any incident concerning the User Application and the Sparklin Services that may affect their operation, and in particular any act of hacking, phishing or unlawful use. They also undertake not to hinder or disrupt the Services provided by Sparklin.

Finally, Users undertake to use the User Application and the Sparklin Services in accordance with applicable legal and regulatory provisions.

Failure to comply with these provisions may result in the Sparklin Account being suspended or closed at Sparklin's discretion, in accordance with these Terms.

Users expressly accept that their use of the User Application and the Sparklin Services is at their own risk.

Sparklin is only responsible for content it has itself published, without however guaranteeing the accuracy, completeness or timeliness of the information disseminated.

Sparklin is not liable:

• for difficulties related to the payment processing service provided to Users by the Integrated Payment Service provider;
• for any technical, IT, network or other problems or failures, or in the event of incompatibility of the User Application with third-party hardware or software necessary for its proper operation or use;
• for direct or indirect, material or immaterial, foreseeable or unforeseeable damages resulting from the use of, or difficulties in using, the User Application or the Sparklin Services, except in cases provided for by law;
• for the consequences for the User of the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and security of the information circulating there;
• for unlawful content or activities carried out by the User on the User Application.

The User is responsible for:

• the protection of their equipment and their Data;
• their use of the User Application and the Sparklin Services;
• any failure to comply with the letter or the spirit of these Terms.

Users expressly accept that their use of the User Application and the Sparklin Services is at their own risk.

Sparklin is only responsible for content it has itself published, without however guaranteeing the accuracy, completeness or timeliness of the information disseminated.

Sparklin is not liable:

• for difficulties related to the payment processing service provided to Users by the Integrated Payment Service provider;
• for any technical, IT, network or other problems or failures, or in the event of incompatibility of the User Application with third-party hardware or software necessary for its proper operation or use;
• for direct or indirect, material or immaterial, foreseeable or unforeseeable damages resulting from the use of, or difficulties in using, the User Application or the Sparklin Services, except in cases provided for by law;
• for the consequences for the User of the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and security of the information circulating there;
• for unlawful content or activities carried out by the User on the User Application.

The User is responsible for the protection of their equipment and their Data, as well as for their use of the User Application and the Sparklin Services.

Sparklin has entered into an agreement with a Partner for the processing of payments made using the Integrated Payment Service and the storage of information relating to Users' bank cards. In order to use the Integrated Payment Service, the User will enter into a contract directly with the Partner payment service provider and accept its general terms and conditions. Users will be asked to confirm this when registering their payment card.

As part of the Integrated Payment Service, the User validates payment upon completion of a Service they ordered using one of the Mobile Applications; for example, without limitation, at the end of an electric vehicle charging session using a Sparklin Connected Socket. If the User does not validate payment upon completion of the Service, this validation will be carried out automatically after a period of 24 hours, unless the User disputes the proper execution of all or part of the Transaction before this period expires.

As part of the use of the Integrated Payment Service, the User's card or means of payment must be valid; Sparklin will verify, by any useful means, the validity of the User's card or means of payment before authorising execution of the Service order. Furthermore, it is specified that the amount of the payment validated by the User will initially be held in an escrow account controlled by the payment service provider Partner chosen by Sparklin; the amount will be definitively transferred to an account controlled by Sparklin after the Transaction is closed.

As part of the Integrated Payment Service, the Transaction is closed:

• automatically upon expiry of the 24-hour dispute period ("Dispute Period") if no dispute is declared by the User using the function provided for this purpose in the User Application;
• upon closure of the dispute by Sparklin, if a dispute is declared during the Dispute Period by the User.

Once the Transaction is finalised, the price of the service is immediately transferred by the payment service provider Partner to Sparklin.

SPARKLIN does not provide any payment processing service to Users. It is the responsibility of Users to provide accurate details of credit cards, debit cards and any other means of payment offered on the User Application. The User will be solely responsible for transmitting information relating to their bank card, and Sparklin disclaims all liability regarding the entry, processing, use and storage of this data to the fullest extent permitted by applicable law.

Users' attention is drawn to the fact that the right to use the Integrated Payment Service can only be granted by Sparklin and its Partners in connection with Transactions carried out by a User on their own behalf. In particular, and without limitation, Users are not authorised to resell, pledge or otherwise authorise third parties to use the Integrated Payment Service to transfer the benefits of a Service to them; a Service being deemed to be delivered exclusively to the identified User.

In the event of suspected fraud of any kind, abusive dispute declarations, use not in compliance with the conditions of these Terms, or violation of a Partner's general terms and conditions, Sparklin reserves the right to immediately suspend the Account of the User concerned as well as ongoing Transactions.

The Manager grants SPARKLIN a mandate, under which, for each transaction carried out using the Spark-A Application, SPARKLIN may issue, in the name and on behalf of the Manager, an invoice and/or receipt for charging services provided to Users, provided that the Manager has indicated the billing details.

The Manager may dispute the invoices and/or receipts that SPARKLIN has issued in its name and on its behalf for a maximum period of three (3) days from the date of issue. After this period, the Manager is deemed to have validated the invoice and/or receipt.

It is understood that the Manager will store and archive the invoices and/or receipts in accordance with applicable laws.

The User Application may contain hyperlinks pointing to other websites over which Sparklin has no control.

In such a case, Sparklin disclaims all liability for the content, advertising, products, services or any other material available that the User may view on these sites not controlled by Sparklin.

The Privacy Policy, available at www.sparklin.io, describes the Personal Data of Users collected by Sparklin and the purposes for which Sparklin processes this data. By accepting these Terms, the User acknowledges having read the Personal Data Privacy Policy.

All elements comprising the User Application, including, but not limited to, the user design, the organisation of navigation within the Sparklin User Application, the text, graphics, images, photographs, sounds, videos, 3D representations and other software elements that make up the User Application, are the property of Sparklin and are, as such, protected under the laws in force in France.

These Terms do not entail any assignment of any kind of intellectual property rights over any of these elements.

Any representation, reproduction, reverse engineering, adaptation or partial or total exploitation of the software elements, content, trademarks, patented inventions, designs or any other property of Sparklin, by any process whatsoever, is strictly prohibited without the prior express written authorisation of Sparklin, and would, without such agreement, constitute infringement within the meaning of Articles L.335-2 et seq. of the French Intellectual Property Code.

The authorisation given by Sparklin to the User to access the User Application and the Sparklin Services does not constitute recognition of any right for the User and, in particular, does not confer any intellectual property right relating to any element whatsoever of the User Application, which remain the exclusive property of Sparklin.

This Contract grants the User, subject to full compliance with the Terms and payment of the sums owed to Sparklin, a non-exclusive, non-transferable and non-assignable right to use the Sparklin Mobile Applications for the entire duration of these Terms.

This right of use is exercised via remote access from the User Application and includes:

• the right to access the User Application in accordance with these Terms;
• the right to access the Sparklin Services in accordance with these Terms.

The User is prohibited from introducing, combining or integrating software components or data, or carrying out any other action, by any means whatsoever, that would modify or be likely to modify the behaviour, content or appearance of the User Application and the Sparklin Services.

These Terms of Use are governed by, and shall be interpreted in accordance with, French law.

In the event of a conflict or dispute arising regarding the performance, termination or conditions of this contract, the parties will endeavour to settle their dispute amicably.

If no amicable solution is found, the dispute shall be brought exclusively before the competent courts of Nantes.

These Terms are enforceable against Users as soon as they are accepted and are entered into for an indefinite period.

It is recalled that the User may, at any time and for whatever reason, deregister and delete their Sparklin Account under the conditions set out in the "Deregistration — Suspension" section of these Terms. Likewise, Sparklin may be required to suspend or withdraw the User's access to the Application under the same conditions.

Deregistration constitutes termination of these Terms.

In the event of termination by Sparklin, Sparklin will inform the User using the email address provided and kept up to date by the User in their Sparklin Account; if this address is inaccessible for any reason, Sparklin has no further obligation to inform the User of the termination of this Contract.

It is specified that termination of this Contract at Sparklin's initiative does not give rise to any additional right or any compensation or other recourse for the benefit of the User.

In the event of termination by the User, it is recalled that the User remains liable and must promptly settle any sums still owed to Sparklin, which Sparklin may claim and recover by any means at its convenience and at the User's expense.

Any notification and/or complaint must be sent by email to: dpo@sparklin.io

The User, when acting as a consumer, is informed of the possibility of resorting, in the event of a dispute resulting from the use of the User Application and the Sparklin Services, to a conventional mediation procedure or any other alternative dispute resolution method, provided that such a dispute could not be resolved through a prior complaint directly submitted to Sparklin.

Sparklin is required to provide the contact details of the mediator it has designated.

For information, the European Commission website for mediation: ec.europa.eu/consumers/odr

The list of Sparklin Services is the list of Services that may be provided by Sparklin and its Partners to Sparklin Users.

Sparklin has no obligation to offer any of its Services to a given User and remains the sole party to this contract able to decide which Service is offered to which User.

The list of these Services is subject to change, addition or reduction at any time at Sparklin's sole discretion, without such changes giving rise to any additional rights, compensation or other recourse for the benefit of Users, who remain free at any time to stop using the Sparklin Services.

List of Services as of 01/04/2023:

• Access to the charging service for electric vehicles;
• Access to a user account;
• Access to communities;
• Starting a charging session within these communities;
• Remote monitoring of a charging session;
• Remote stopping of a charging session;
• Scheduling home charging times;
• Online payment;
• Editing expense reports;
• Declaring the nature of the charging session (professional or personal purpose);
• Viewing charging history.

The list of features of the Sparklin Mobile Applications is the list of features offered to Users.

Sparklin has no obligation to offer any of its features to a given User and remains solely able to decide which features are offered to Users.

The list of these features may vary between the Spark-A and Spark-i applications, and may also be modified, added to or reduced at any time at Sparklin's sole discretion, without such changes giving rise to any additional rights, compensation or other recourse for the benefit of Users, who remain free at any time to stop using the Sparklin Services.

As of 01/04/2023, the Spark-A and Spark-i applications have the following features:

• tracking by a Sparklin User of their consumption rights and access rights in the various Communities to which they belong;
• payment or recording, by a Sparklin User, of the electric vehicle charging service, according to the rates defined in the General Terms and Conditions of Sale;
• validation of a Transaction by the User;
• recording of a dispute concerning a Transaction by the User;
• access to charging history and invoices for a User.