1. Introduction

This General Terms and Conditions (“Terms”) apply to the platform provided by TUPI MOBILIDADE LTDA., a limited liability company registered with CNPJ/MF under No. 32.724.713/0001-94, with address in the Capital of the State of São Paulo, at Avenida Pedroso de Morais, No. 1914, Pinheiros, ZIP Code 05420-003, which is the legitimate owner and holder of the software incorporated and bound to this Terms.

The use of the Tupi platform is subject, without prior notice, to additional terms and conditions that will be incorporated into this document, forming an inseparable and integral part thereof. Therefore, we suggest that you review the Terms frequently.

Continuing to use Tupi software after any changes will signify your full acceptance and agreement to the latest contractual version and all other obligations arising therefrom. By using the Tupi platform, you automatically agree to the respective Terms and will be obliged to follow the rules stipulated herein upon Acceptance.

You will have the right to use Tupi software, with reproduction or sale thereof or transfer to anyone else being prohibited.

2. About the Platform

These Terms comprise electronic services to be provided by Tupi through a digital platform that allows you, the user, via mobile application or tablet, to do the following: find electric vehicle charging stations on the map, plot routes for navigation on the map, check the real-time availability status of electric charger stations,

The vehicle’s multimedia equipment must meet the minimum requirements established for the proper functioning of the software. This includes compatibility with the platform’s operating system and the availability of a 3G internet connection to ensure efficient performance and a satisfactory user experience.

It will be necessary for the vehicle’s multimedia equipment to be equipped with geolocation systems to allow precise tracking of the vehicle’s location. This functionality is essential for providing navigation and location services, as well as ensuring proper integration with the platform, enabling users to access relevant information about nearby electric vehicle charging points. Therefore, the presence of geolocation systems is fundamental for the effective operation of the software and to offer a complete and convenient user experience.

3. Warranty & Limitation of Liability

Tupi makes the best efforts to deliver a platform with quality and excellence, considering that the User is already aware and agrees that the software is provided “as is” and “as available”, without any express, implied, or legal warranty.

Tupi does not perform maintenance, repairs, and similar services on the equipment, therefore, any damages, defects, and losses suffered by users and/or third parties are the sole responsibility of the commercial establishments and/or owners of the electric charging stations.

The User acknowledges that the commercial establishments and owners/operators of the electric vehicle charging stations are distinct and independent companies from Tupi, therefore, all civil and criminal claims and liabilities arising from defects, flaws, quality, service, provision of services, inoperability of the chargers, and any other failures arising from these equipment or the physical space they occupy must be directed solely to the commercial establishments and owners/operators of the electric vehicle charging stations.

Furthermore, Tupi is not responsible for:

a. indirect, special, incidental, punitive, or consequential damages, loss of profits, loss of data, moral or property damages;

b. unauthorized access to the platform made by third parties with the user’s information (personal data, such as login, password, and credit card), as well as for any direct or indirect damage resulting from the misuse or inability to use the Tupi platform by the user or any third parties;

c. failures in the Tupi Platform resulting from circumstances beyond its control, whether or not caused by fortuitous events or force majeure, such as hacker interventions and malicious software; technical failures of any kind, including failures in accessing or navigating the Tupi Platform resulting from internet failures in general, power outages, electronic and/or physical malfunction of any network, interruptions or suspensions of connection, and software and/or hardware failures of the User; scheduled downtime for maintenance, updates, and configuration adjustments of the Tupi Platform and/or any human failure of any nature that may occur during the processing of information. The User releases Tupi from any liability arising from such facts and/or acts.

d. data provided by the user that is outdated, incomplete, or untrue; damages caused by the user’s fault or intent, as well as events involving third parties that are beyond Tupi’s reasonable control.

e. lack of internet connection, whether from the vehicle’s system or derived from the electric vehicle charging station. This means that Tupi, under no circumstances, will be responsible for providing internet service;

f. instability, unavailability, and inoperability of electric vehicle chargers;

g. inconsistency and errors in the information provided by geopositioning (GPS) and maps made available by third-party companies dedicated to this purpose;

User Responsibilities:

(i) Use the Tupi Platform properly and diligently, in accordance with these Terms of Use, with the law, morality, good customs, and public order;

(ii) Utilize specific tools, such as antivirus, firewall, among others, to contribute to the prevention of electronic risks;

(iii) Use updated and efficient browsers and operating systems for the full use of the Tupi Platform;

(iv) Equip the vehicle with the necessary hardware devices for accessing the Tupi Platform, as well as for their internet access;

Any damage caused by the User to Tupi or third parties due to non-compliance with the obligations stated herein or the non-truthfulness of the warranties declared herein will be repaired exclusively by the User causing the damage, with no subordination of obligation, nor solidarity of Tupi.

In case of violation of the above rules, the User may be suspended or banned, without prejudice to legal liability when applicable, being solely responsible for their conduct.

4. Information and Data

Tupi uses security features aimed at protecting data on the internet, maintaining the confidentiality of all data provided by you. Learn more by accessing our Privacy Policy.

The data collected during the application registration and during the use of the platform have the purpose of improving your user experience, specifically for the good execution of this contract during its validity or to comply with Brazilian legislation.

Tupi will not provide any type of information about you to third parties without prior authorization from the user, except if the user authorizes sharing or in cases where there is a request from government entities.

You, the user, acknowledge that Tupi complies with all the requirements set forth in the General Data Protection Law (Law No. 13,709/2018), especially the object contained in article 7, which when executing the requested software by you, Tupi may collect, classify, use, reproduce, store, whether physically or electronically, evaluate, eliminate, and, if necessary, transmit personal data, as well as commercial data related to professional activity.

You, the user, also declare that you have free access to the shared data and may at any time become aware of the treatment given to the data by Tupi, request the correction of incorrect, inaccurate, or outdated data. As well as, you may request, in writing, the anonymization, blocking, or deletion of the shared data.

You, the user, are aware of and agree that Tupi shares your user data with Tupi’s partner companies exclusively for commercial purposes for the sole purpose of improving your user experience.

It is registered that the Partner Company will only process your user data for specific purposes for which they were collected and may not use them for any other purposes without your prior and express consent.

5. License of Use

You, the user, are aware that all texts, images, photographs, designs, data, images, videos, illustrations, icons, technologies, links, and other audiovisual or sound content, including the software of the platform, graphic designs, and/or source code, among others, are the exclusive property of Tupi or third parties who have authorized their use on the platform, all of them being protected by current legislation, with copying, reproduction, or any other type of use prohibited, with offenders subject to corresponding civil and criminal sanctions, under the terms of Laws 9,279/96, 9,609/98, and 9,610/98.

Tupi will not be responsible for any discontinuity of services resulting from network failures caused by fortuitous events or force majeure, failures or compatibility issues between applications; defects in products or services from third parties, including operators connected to their network, problems related to technology that were not foreseeable, contamination by viruses, or misuse, negligence, fault, or omission by the user.

Tupi and User mutually agree to respect the right of ownership and confidentiality of accessed information, as well as not to transfer to third parties, in whole or in part, without prior authorization from each other.

6. Term

This Agreement shall be in effect for an indefinite period.

7. General Provisions

The delay or omission of Tupi in exercising its rights does not mean the waiver, novation, or transaction of these. The omissions of this contract will be resolved in accordance with good commercial practices and in compliance with Brazilian law. The annulment or nullity of any clause of this Agreement does not imply the annulment or nullity of the contract. Tupi does not recognize the user under any circumstances and condition as its agent, representative, or employee. This Agreement binds the parties, as well as their successors and heirs. You, the user, fully agree with these provisions and undertake to respect the conditions established herein irrevocably and irrevocably, as well as to use the services/products offered in the application legally.

The Application may contain links to third-party websites or applications, so Tupi is not responsible for the privacy practices or content of these other sites or applications.

8. Forum

All matters relating to this Terms of Use interpreted in accordance with the laws of the Federative Republic of Brazil and, to settle any disputes, the forum of the district of São Paulo, capital, is hereby elected, with express waiver of any other, however privileged it may be or become.