Pay App — End User Terms

SCOPE AND IMPORTANT NOTES
These End User Terms (the “Terms”) govern your use of the Faraday Pay App — a QR-code initiated web application that allows drivers (“you”) to view pricing, pay for, and remotely start Electric Vehicle (EV) charging sessions at participating charging locations (the “Pay App”). The Pay App is currently accessed via QR codes and web browsers at https://charge.fday.io, and may also be made available through other Faraday-controlled domains, URLs, or interfaces from time to time.

Who provides charging? EV charging services (including pricing, session availability, and operation of the charger) are provided by the Charge Point Operator (“CPO”) that operates the charger you use. Faraday provides the Pay App as a technology and payment facilitation layer.

Separate terms may apply. Your charging session may also be subject to CPO or site rules (e.g., parking rules, access restrictions, safety requirements).

Privacy. Our Privacy Policy explains how we process personal information: /legal/privacy-policy

AGREEMENT TO TERMS
By accessing or using the Pay App, you agree to these Terms. If you do not agree, do not use the Pay App.

ELIGIBILITY
You must be legally able to enter into these Terms in your jurisdiction. You are responsible for ensuring your use of the Pay App and charging services complies with applicable laws and site rules.

THE PAY APP (WHAT IT DOES)
The Pay App may allow you to:

• scan a QR code to identify a charger;
• view pricing and applicable fees disclosed in the Pay App;
• start a charging session remotely (where supported);
• receive session-related notifications and receipts;
• contact support for payment-related issues.

CHARGING PRICES, FEES, AND SESSION COMPONENTS
The total amount you pay may include one or more of the following, as displayed in the Pay App before or during your session (where applicable):

• Charging Amount: charges for energy and/or time-based tariffs applied while charging.
• Minimum Charge: a minimum amount applied when a session is very short, as disclosed in the Pay App.
• Idle Fee: a fee applied when your vehicle is plugged in but not actively charging, as disclosed in the Pay App.
• Taxes: including VAT or other applicable taxes, where required.

Pricing, fees, and taxes are determined by the CPO (and may vary by location and time). You are responsible for reviewing the pricing presented in the Pay App.

PAYMENT AUTHORIZATION
When you provide payment details, you authorize us (and our payment processor) to:

• charge your selected payment method for the amounts displayed in the Pay App;
• place a temporary authorization/hold where supported by your payment method;
• complete, adjust, or finalize charges based on session outcome (e.g., session duration, idle fees, tax calculation), consistent with the pricing disclosed.

Payments are processed by third-party payment processors (e.g., Stripe). We do not store full payment card details on our servers.

SESSION START, RELIANCE, AND LIMITATIONS
Starting a session via the Pay App requires connectivity and availability of the charger and backend systems. We do not guarantee that a session will start successfully, continue uninterrupted, or deliver any minimum charging speed or energy amount. Charger performance may be affected by vehicle compatibility, site conditions, grid limitations, and other factors outside our control.

YOUR RESPONSIBILITIES
You agree to:

• use the correct charger and follow on-site safety instructions;
• ensure your vehicle and cable/connector are compatible and properly connected;
• monitor your session and end it when you are finished;
• move your vehicle promptly when charging is complete to avoid idle fees and comply with site rules;
• not misuse, damage, or tamper with charging equipment or QR codes.

PROHIBITED USE
You must not:

• attempt to bypass or interfere with Pay App security measures;
• use the Pay App for fraudulent, unlawful, or abusive purposes;
• probe, scan, or test the vulnerability of the Pay App or related systems;
• reverse engineer or attempt to extract source code from the Pay App (to the extent permitted by law);
• use automated scripts or bots to access or manipulate the Pay App.

REFUNDS, DISPUTES, AND CHARGEBACKS
If you believe you were charged incorrectly, contact us at support@fday.io with details of the session (date/time, location, charger identifier if available).

We may issue refunds or adjustments where appropriate, including for verified technical malfunctions or billing errors, subject to applicable law and payment processor rules. Some amounts may be non-refundable where a session was delivered as described.

Excessive or abusive refund requests or chargebacks may result in restricted access to the Pay App.

THIRD-PARTY SERVICES AND SITE RULES
Chargers may be located on third-party premises and subject to third-party rules (including parking rules, access controls, and safety procedures). Faraday is not responsible for third-party premises, signage, or enforcement actions.

INTELLECTUAL PROPERTY
The Pay App, its content, software, and trademarks are owned by or licensed to Faraday. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Pay App for personal use in accordance with these Terms.

DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PAY APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PAY APP WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARADAY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL ARISING OUT OF OR RELATED TO YOUR USE OF THE PAY APP OR CHARGING SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARADAY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PAY APP WILL NOT EXCEED THE AMOUNT OF FEES YOU PAID THROUGH THE PAY APP FOR THE SESSION GIVING RISE TO THE CLAIM (OR, IF NO SESSION-RELATED PAYMENT WAS SUCCESSFULLY CAPTURED, EUR 10).

CHANGES TO THESE TERMS
We may update these Terms from time to time. The “AS OF” date above indicates when these Terms were last revised. Your continued use of the Pay App after the effective date of an updated version constitutes acceptance.

TERMINATION
We may suspend or terminate your access to the Pay App if you violate these Terms, misuse the Pay App, or engage in fraud or abuse, or if required to do so by law.

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 consumer protection laws in your jurisdiction apply.

CONTACT
If you have questions about these Terms or a billing issue, contact:

• Email: support@fday.io
• For legal inquiries: legal@fday.io