FINEV TERMS OF SERVICE

Last Updated: October 31, 2024

Version: 1.0

1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1 Agreement to Terms

By accessing or using any of Finev Inc.'s ("Finev," "we," "us," or "our") websites, applications, services, or platforms (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the Services.

1.2 Binding Authority

If you are using the Services on behalf of any entity or organization, you represent and warrant that you have the legal authority to bind such entity or organization to these Terms. The terms "you" and "your" shall refer to such entity and its affiliates.

1.3 Amendments

We reserve the right to modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting on our platform. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.

1.4 Eligibility Requirements

The Services are available exclusively to United States-based businesses that are legally registered and maintain valid Employer Identification Numbers. Access and use of the Services is restricted to individuals who are at least eighteen (18) years of age and who are authorized representatives with demonstrated authority to act on behalf of their organization. Finev reserves the right to verify any user's eligibility and authority at any time. By accessing or using the Services, you affirm that you and your organization meet these eligibility requirements and acknowledge that any use of the Services by ineligible parties is unauthorized and in violation of these Terms.

1.5 Account Security and Access

Users are required to maintain strict confidentiality of their login credentials and must immediately notify Finev of any suspected unauthorized access to their account. Each user is solely responsible for all activities conducted through their account, whether authorized or not. Users must comply with all security protocols implemented by Finev, including the use of multi-factor authentication when required. Failure to maintain adequate security measures or report unauthorized access may result in account suspension or termination and potential liability for any resulting damages.

2. CREDIT APPLICATION AND FINANCING TERMS

2.1 Application Process

All financing applications submitted to Finev require complete and accurate information regarding your business, financial status, and intended vehicle usage. By submitting an application, you expressly authorize Finev to verify any provided information through various means, including but not limited to credit checks, business verification, and direct contact with references and third parties.

Finev maintains strict verification procedures to ensure the integrity of our lending process. This includes validating business operations, reviewing financial statements, analyzing fleet usage patterns, and assessing creditworthiness through multiple channels. While we strive to process all applications efficiently, submission of an application does not guarantee approval for financing. All credit decisions are made at Finev's sole discretion based on our underwriting criteria and assessment of risk factors.

2.2 Credit Review and Underwriting

All credit decisions rendered through our underwriting process are final and made at Finev's sole discretion. While we strive to provide financing solutions for qualified businesses, we maintain strict underwriting standards to ensure responsible lending practices and portfolio stability. Our commitment to thorough credit review helps protect both our borrowers and our ability to continue serving the SMB community with innovative financing solutions.

2.3 Vehicle Requirements

All vehicles financed through Finev must adhere to stringent eligibility requirements designed to ensure optimal performance and protect asset value. These requirements establish minimum standards for vehicle specifications, operational parameters, and ongoing maintenance obligations. Financed vehicles must be operated in accordance with applicable federal, state, and local regulations governing commercial electric vehicle operations.

Comprehensive insurance coverage must be maintained throughout the financing term, with Finev listed as a loss payee and additional insured. Coverage requirements include, but are not limited to, protection against physical damage, liability, and other risks associated with commercial vehicle operations.

3. LIABILITY AND DISPUTE RESOLUTION

3.1 Limitation of Liability

Finev's liability arising from or relating to our services is strictly limited in scope and duration to ensure sustainable business operations while providing appropriate remedies for valid claims. Our maximum liability is restricted to direct damages that are clearly attributable to our actions or omissions in providing our services. All claims must be filed within one (1) year of the date the cause of action arises; any claim filed after this one-year period will be deemed permanently waived and barred.

3.2 Indemnification

You agree to indemnify, defend, and hold harmless Finev, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and legal defense costs, arising from or relating to your use of our services or breach of these Terms.

3.3 Dispute Resolution

Any controversy or claim arising out of or relating to our services, these Terms, or any financing relationship with Finev shall be resolved through binding arbitration, rather than in court. The arbitration shall be conducted by a mutually agreed-upon national arbitration organization in accordance with its commercial arbitration rules.

3.4 Governing Law

These Terms, any financing agreements, and all aspects of your relationship with Finev shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any choice or conflict of law provisions.

4. SERVICES AND OPERATIONAL TERMS

4.1 Platform Services

Finev provides an integrated suite of services designed to facilitate electric vehicle financing and fleet transition. Our core platform encompasses comprehensive credit application processing, sophisticated fleet analysis capabilities, data-driven vehicle recommendations, and automated incentive identification tools.

4.2 Fee Structure and Payment Terms

Our fee structure is designed to provide transparent, value-based pricing for our services. All applicable fees are clearly disclosed during the application process and detailed in final loan documentation. The fee framework includes origination fees for loan processing and establishment, ongoing service fees for platform access and support, and administrative fees for specific transaction types or service requests.

4.3 Account Termination

Finev reserves the right to suspend or terminate account access and financing relationships under various circumstances that threaten the integrity of our services or the security of our operations. Account termination may occur immediately and without prior notice in cases of material Terms violations, payment default, suspected fraudulent activity, or as required by regulatory authorities.

4.4 Force Majeure

Neither Finev nor its users shall be liable for any failure or delay in performing their obligations when such failure or delay results from circumstances beyond their reasonable control. Such force majeure events encompass a broad range of extraordinary circumstances that materially impact our ability to provide services or our users' ability to meet their obligations.