Charging Platform Terms

SCOPE — WHICH SERVICES THESE TERMS COVER
These Terms govern access to and use of the Faraday Charging Platform by operators, fleet owners, site hosts, and other entities (“you” or “Customer”). The “Faraday Charging Platform” (the “Platform”) includes, without limitation:

• the Faraday operator and fleet dashboard available at https://dashboard.fday.io;
• software and services for managing charging sessions, users, vehicles, and chargers;
• reporting, analytics, and administrative tools;
• session authentication and initiation methods, including QR code flows, RFID, Plug & Charge, or similar technologies;
• optional payment facilitation tools, including the Faraday Pay App available at https://charge.fday.io;
• related APIs, integrations, and platform features provided by Faraday from time to time.

These Terms apply regardless of whether:

• a charging session is public or private;
• end users are charged or not charged;
• Faraday, the Customer, or a third party acts as Merchant of Record;
• payment is processed via Faraday, a connected account, or a third-party system.

RELATIONSHIP TO OTHER TERMS
These Terms do not govern:

• use of Faraday websites for general informational purposes (governed by Faraday's Website Terms);
• use of the Faraday Pay App by individual drivers (governed by the Faraday Pay App – End User Terms);
• hardware warranties, installation, or maintenance services, which may be governed by separate agreements.

Where you also use other Faraday services subject to separate terms, those terms apply only to the specific service they govern and do not replace or override these Terms unless expressly stated.

1. CONTRACTING PARTY
These Terms are entered into with Faraday EVCS Inc., a corporation incorporated in the State of Delaware, United States (“Faraday”, “we”, “us”, or “our”).

Faraday may perform its obligations under these Terms directly or through its affiliates, including subsidiaries or regional entities, where required for operational, regulatory, or legal reasons.

Nothing in these Terms limits rights granted to you under mandatory applicable laws, including local data protection or consumer protection laws.

2. SCOPE OF THESE TERMS
These Terms apply to all access to and use of the Platform, whether such access is paid or unpaid, commercial or residential, and regardless of the authentication or payment method used.

3. ACCEPTANCE AND AUTHORITY
By accessing or using any part of the Platform, you agree to be bound by these Terms.

If you use the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

Faraday may make certain Platform features available at no charge, at its discretion. Unpaid access remains subject to these Terms.

4. PLATFORM SERVICES
Faraday provides a software platform that enables Customers to manage Electric Vehicle (EV) charging operations, including session initiation, monitoring, reporting, and optional payment facilitation.

Faraday does not provide electricity, parking services, or site access. Charging services are provided by the Customer or third-party operators.

Faraday does not guarantee charger availability, uptime, charging speed, or energy delivery.

5. MERCHANT OF RECORD AND PAYMENTS
Depending on the configuration selected:

• Faraday, the Customer, or a third party may act as Merchant of Record.
• Payment processing may be handled by Faraday, a payment processor, a connected account, or another third-party system.
• Merchant of Record status determines responsibility for pricing, taxes, refunds, and regulatory compliance.
• Faraday may facilitate payment collection as a platform service without assuming Merchant of Record responsibility, unless expressly agreed otherwise.

6. PLATFORM FEES
Platform Fees apply per charging session and cover access to the Platform, including dashboard access and optional services.

Platform Fees are defined separately in Faraday’s pricing documentation, pricing schedule, or dashboard billing interface, as applicable.

Platform Fees may vary based on factors including: session type (public or non-public), authentication or payment method, Merchant of Record designation, and applicable commercial arrangements.

Platform Fees are exclusive of applicable taxes and may be deducted prior to settlement or invoiced separately.

Faraday may update Platform Fees with reasonable prior notice.

7. TAXES
Each party is responsible for taxes imposed on it under applicable law.

Where Faraday is not Merchant of Record, the Customer is responsible for determining, collecting, reporting, and remitting applicable taxes.

8. CUSTOMER RESPONSIBILITIES
You agree to:

• operate chargers in compliance with applicable laws and safety standards;
• provide accurate configuration and pricing information;
• ensure authorized use of authentication methods;
• maintain appropriate agreements with site owners or third parties;
• promptly address misuse, damage, or unsafe conditions.

You are responsible for compliance with site-specific rules and agreements.

9. ACCEPTABLE USE
You must not:

• misuse or interfere with the Platform;
• bypass security or access controls;
• reverse engineer or attempt to extract source code (except as permitted by law);
• use the Platform for unlawful, fraudulent, or abusive purposes;
• introduce malware or excessive automated activity.

Faraday may suspend access for violations.

10. DATA PROTECTION
Faraday processes personal data in accordance with its Privacy Policy available at /legal/privacy-policy.

Each party is responsible for compliance with applicable data protection laws.

11. INTELLECTUAL PROPERTY
The Platform and all related software, content, and trademarks are owned by or licensed to Faraday.

Faraday grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform during the term of these Terms.

No rights are granted except as expressly stated.

12. CONFIDENTIALITY
Each party must protect confidential information received from the other and use it only for purposes of these Terms.

Confidentiality obligations survive termination.

13. SUSPENSION AND TERMINATION
Faraday may suspend or terminate access to the Platform if:

• you materially breach these Terms,
• misuse the Platform,
• engage in fraud or abuse,
• or where required by law.

Termination does not affect accrued obligations.

14. DISCLAIMERS
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARADAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• FARADAY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
• FARADAY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE PLATFORM FEES PAID BY YOU TO FARADAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16. INDEMNIFICATION
You agree to indemnify and hold Faraday harmless from claims arising out of:

• your operation of chargers,
• misuse of the Platform,
• violation of law,
• breach of these Terms.

17. GOVERNING LAW
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory local law applies.

18. CHANGES TO THESE TERMS
Faraday may update these Terms from time to time. Continued use of the Platform after the effective date of updated Terms constitutes acceptance.

19. MISCELLANEOUS
These Terms constitute the entire agreement regarding the Platform.

Faraday may assign these Terms to an affiliate with notice.

If any provision is unenforceable, the remainder remains in effect.

No third-party beneficiaries are created.

CONTACT
If you have questions regarding these Terms, contact us:

• Email: legal@fday.io