FINEV TERMS OF SERVICE

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.

2.1 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.

3.1 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 Delaware, without giving effect to any choice or conflict of law provisions.

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.

Electronic delivery of communications

This Consent to Use Electronic Records and Signatures (the "ESIGN Consent") covers FinEV. and its affiliates (collectively, "Company") and its affiliates and service providers (collectively "Company", "we," "our," or "us"). For purposes of this ESIGN Consent, the words "we," "our," and "us" also mean our assigns. The words "you" and "your" means each person who agrees to this Consent.

"Disclosures" include, but are not limited to, (1) agreements and policies required to use the Services (e.g., these Terms, the Business Finance Services Terms & Conditions, the FinEV Privacy Policy and Loan Agreements), (2) payment authorizations and transaction receipts or confirmations, and (3) account statements, billing statements, and account histories; and (4) any other disclosures required by law regarding your legal rights and obligations relating to the Services.

By providing your consent as set forth below ("Consent"), you agree to the following:

• FinEV and any FinEV Partner may provide any or all Disclosures either electronically on the FinEV Website or in any FinEV App, through a hyperlink provided on the FinEV Website or in any FinEV App, and, at its sole discretion electronically to the email address or mobile telephone number that you have provided to us.
• FinEV and/or a FinEV Partner may, but is not required to, notify you via email or SMS text message when the Disclosures are available and how to view them, either via the hyperlink, email, or other electronic method described herein. The Disclosures will be provided to you in a format that can either be retained, printed or downloaded for your records.
• Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
• Your Consent applies to any transaction undertaken through the Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
• Your Consent means that Disclosures FinEV and any FinEV Partner provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.

Minimum Requirements

You understand that, in order to view and/or retain copies of the Disclosures, you will need the following hardware and software:

• A computer or mobile device with an Internet connection or mobile connectivity and the ability to download and run the software described in this Section 2;
• For website-based Disclosures accessed by computer, the computer must have a current operating system and web browser (PCs should be running Windows 7 or higher and Microsoft Edge, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox);
• For Disclosures accessed by mobile application or mobile website, the mobile device must have a current operating system and web browser (for Apple devices, the most current version of iOS or one prior, and for Android devices, the most current version of the Android operating system or one prior), and the most current version of the FinEV App(s) through which you access or use the FinEV Services;
• A current version of a program that accurately reads and displays PDF files (e.g., Adobe Acrobat Reader);
• A valid email address, and, if you use a spam filter that blocks or re-routes emails from senders not listed in your address book, you must permit messages from the FinEV.com domain in your spam filter;
• A working mobile telephone number that can receive text messages; and
• Sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.

We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Services after receiving notice of the change is the reaffirmation of your Consent.

Withdrawing Consent

You are free to withdraw your Consent at any time. If at any time you wish to withdraw your Consent, you can send us your request by submitting a written request to us via email at support@finev.co. Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of electronic Disclosures we sent before your withdrawal of Consent is effective will not be affected. If you withdraw your Consent, FinEV may close or limit access to your account and the Services. You agree to pay any amount owed to FinEV even if you withdraw your Consent and we close or limit access to your account.

Right To Request And Receive Paper Copies

You agree that FinEV may modify or change the methods of disclosure described herein, and that FinEV may send you Disclosures in paper form at its option.

Updating Your Information

You agree that it is your responsibility to notify FinEV of any changes to your primary email address, phone number, or any other contact information so that FinEV can communicate with you electronically. You agree that FinEV is not responsible for any delay or failure in your receipt of any Disclosure, text message or email notice that is not caused by FinEV's failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.

It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Services, and to maintain and update promptly any changes in this information. To update your information, contact Customer Support via email at support@finev.co.

Your Consent To Electronic Disclosures

Before using the Services, you will be asked for your agreement to the Terms, including the Business Finance Services Terms & Conditions and this FinEV E-Sign Consent Agreement, by clicking "Create Account." This action constitutes your electronic signature and manifests your Consent and agreement to this FinEV E-Sign Consent Agreement.

If you do not provide your Consent, you may not use the Services and must discontinue your use of the Services immediately.