Welcome to ReimburseEV

THIS LEGAL AGREEMENT BETWEEN YOU AND MOVEEV, INC. (“MoveEV”) GOVERNS YOUR USE OF THE REIMBURSEEV PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY SIGNING INTO REIMBURSEEV YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

MoveEV is the provider of the Service, which grants you the right to access and utilize certain Internet services, including, and certain location-based services, only under the terms and conditions set forth in this Agreement. The Service is automatically enabled when you sign in with your ReimburseEV User ID during account setup.

I. REQUIREMENTS FOR USE OF THE SERVICE

A. Age. The Service is only available to individuals aged 18 years or older (or equivalent minimum age in the relevant jurisdiction). We do not knowingly collect, use or disclose personal information from children under 18, or equivalent minimum age in the relevant jurisdiction.

To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.

B. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. MoveEV reserves the right to limit the number of ReimburseEV accounts ("Accounts") that may be created, and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.

C. Limitations on Use. You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. You agree you have no title to or ownership of the Services. You agree not to (a) modify, create derivative works from, distribute, publicly display, or publicly perform the Service; (b) transfer any of the rights granted in this Agreement; (c) reverse engineer decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Service; or (d) exploit the Services for the benefit of a third party in violation of this Agreement. If your use of the Service or other behavior intentionally or unintentionally threatens MoveEV’s ability to provide the Service or other systems, MoveEV shall be entitled to take all reasonable steps to protect the Service and MoveEV’s systems, which may include suspension of your access to the Service. Violations of the limitations may result in termination of your Account.

D. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and MoveEV makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.

E. Changing the Service. MoveEV reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service, provided that MoveEV will give you 30 days ’advance notice of any material adverse change to the Service or applicable terms of service, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of MoveEV’s reasonable control. MoveEV shall not be liable to you for any modifications to the Service or terms of service made in accordance with this Section I(E).

II. FEATURES AND SERVICES

A. At-home Charging Reimbursement

1. Utility Bill Submission. When Utility Bill Submissions are enabled, you have the option of uploading of a PDF or image of your utility bill issued to the Service Address (as defined below) which will be securely stored on ReimburseEV’s systems for analysis and retention. A copy of your utility bill uploads are available to download from the Service at any time.

2. Name and Service Address. In order to facilitate the reimbursement for the charging of a fleet vehicle at home, you agree to provide your name and the home address at which you will be charging any fleet vehicle where you receive electric service from a electric utility (“Service Address”).

3. Home Charger Mapping. When you provide your Service Address, ReimburseEV automatically maps the location of your home charging at the address you provide. You agree to confirm the location of your home charging on a map provided by the Service and refine that location as necessary to provide accurate reimbursement. The Service offers the ability to refine that charging location automatically by using the current precise location of the device used to interact with the Service for the duration of refining the home charger location.

4. Supporting Documents File Uploads. When you use ReimburseEV Supporting Documents File Uploads, MoveEV securely stores any files you upload along with your submitted Utility Bill for analysis and retention. Such files may include images, PDFs, spreadsheets, and text files for the purpose of providing additional information about your home charging, such as screenshots from a home charger mobile application, or a log of home charging. A copy of your supporting document uploads are available to download from the Service at any time. Any information provided, collected, or uploaded is subject to the Company’s then current privacy policy (https://www.moveev.com/privacy-policy).

B. Fleet Vehicle Telemetry. When enabled for at-home charging reimbursement, fleet vehicle charging telemetry is automatically provided by connected fleet vehicles for analysis by the Service. As part of the facilitation of the Service, limited information from connected fleet vehicles is retained by the Service, including fleet vehicle identification numbers (“VINs”), custom fleet vehicle identifiers (“Fleet IDs”), telematics device IDs and serial numbers when applicable, fleet vehicle grouping information when applicable, fleet vehicle odometer values, other vehicle measurements excluding the location of the vehicle, and fleet vehicle charging information (including time of charging, duration of charging, charging energy information, state of battery charge, and the stationary location of the fleet vehicle at the time of charging). Any information collected pursuant to this Section II (B) is subject to the Company’s then current privacy policy (https://www.moveev.com/privacy-policy).

C. Public Charging Reimbursement. When enabled, the Service offers the ability to upload receipts paid for the charging of a fleet vehicle at a public charging station. In order to be reimbursed for public charging, you must upload an image, screenshot, or otherwise capture of the receipt clearly showing the date, time, and amount paid for each public charging instance. Any information collected pursuant to this Section II (C) is subject to the Company’s then current privacy policy (https://www.moveev.com/privacy-policy).

D. Reimbursement Payments. When Reimbursement Payments is enabled through the Service, you agree to have reimbursement totals assessed, approved, and paid via ACH direct deposit to a bank account you provide. YOU ARE RESPONSIBLE FOR PROVIDING MOVEEV WITH VALID ACCOUNT DETAILS FOR PAYMENT OF ALL REIMBURSEMENT AMOUNTS. Cadence for payment of reimbursement amounts will vary according to configuration, and requires timely submission of utility bills, supporting documents, and the availability of charging data in order for reimbursement to be issued. Reimbursement assessments which are not completed prior to the cycle cutoff date will automatically be processed for the next available issuance after completion. When reimbursement payments are not facilitated by the Service, and are facilitated instead by your employer, you agree to submit the reimbursement receipt issued to you by the Service in accordance with your employer’s reimbursement practices and at-home charging reimbursement policy. Any payment information collected pursuant to this Section II (D) is subject to the Company’s then current privacy policy (https://www.moveev.com/privacy-policy).

E. Use of Location-Based Services

MoveEV and its partners and licensors may provide certain features or services that require device-based location information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points and cell tower locations. To provide such features or services, where available, MoveEV and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your Account and any devices registered thereunder, including but not limited to your ReimburseEV User ID, device ID and name, and device type. Data collection is subject to the terms of the Company’s then current privacy policy (https://www.moveev.com/privacy-policy).

You may withdraw consent to MoveEV and its partners ’and licensors ’collection, use, transmission, processing and maintenance of location and Account data at any time by not using the location-based features or Location Services generally (as applicable) on your device. When using third party services that use or provide location data as part of the Service, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party services. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. MoveEV shall use reasonable skill and due care in providing the Service, but neither MoveEV nor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM.

III. Your Use of the Service

A. Your Account

As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify MoveEV of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, MoveEV shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.

In order to use the Service, you must enter your ReimburseEV User ID and password or verify access to your ReimburseEV User ID associated email address to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that MoveEV may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.

IV. Content and Your Conduct

A. Content

“Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not MoveEV, are solely responsible for any Content you upload, download, transmit, store or otherwise make available through your use of the Service. MoveEV does not control the Content uploaded via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

B. Your Conduct

You agree that you will NOT use the Service to:

a. upload, download, post, email, transmit, store, share, import or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

b. stalk, harass, threaten or harm another;

c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;

d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another ReimburseEV user, an MoveEV employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (MoveEV reserves the right to reject or block any ReimburseEV User ID or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);

e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

f. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);

g. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;

h. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);

i. plan or engage in any illegal activity; and/or

j. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

C. Removal of Content

You acknowledge that MoveEV is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, MoveEV reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

D. Back up Your Content

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. MoveEV shall use reasonable skill and due care in providing the Service, but MoveEV does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

E. Access to Account and Content

MoveEV reserves the right to take steps MoveEV believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that MoveEV may, without liability to you, access, use, preserve and/or disclose your Account information and any Content to law enforcement authorities, government officials, and/or a third party, as MoveEV believes is reasonably necessary or appropriate, if legally required to do so or if MoveEV has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of MoveEV, its users, a third party, or the public as required or permitted by law. You acknowledge that MoveEV is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, consistent with MoveEV's privacy policy, MoveEV reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may prescreen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

F. Copyright Notice - DMCA

If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact MoveEV Support at support@moveev.com. MoveEV may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.

G. Violations of this Agreement

If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to support@moveev.com.

H. Content Submitted or Made Available by You on the Service

1. License from You. Except for material we may license to you, MoveEV does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service, you grant MoveEV a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.

2. Changes to Content. You understand that in order to provide the Service and make your Content available thereon, MoveEV may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits MoveEV to take any such actions.

3. Trademark Information. MoveEV, the MoveEV logo, ReimburseEV, the ReimburseEV logo and other MoveEV trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of MoveEV Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

V. Software

A. MoveEV’s Proprietary Rights. You acknowledge and agree that MoveEV and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.

B. License From MoveEV. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

C. Feedback From time to time, MoveEV may request that you provide MoveEV with comments, suggestions, or feedback on the quality and usability of the Services, including certain updates. You agree that in the absence of a separate written agreement to the contrary, MoveEV will be free to use any feedback you provide for any purpose.

D. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. You also agree that you will not use the Software or Service for any purposes prohibited by United States law.

E. Updates. From time to time, MoveEV may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.

VI. Termination

A. Voluntary Termination by You

You may delete your ReimburseEV User ID and/or stop using the Service at any time. If you wish to stop using ReimburseEV on your device, you may ”Sign Out”. To terminate your Account and delete your ReimburseEV User ID, contact MoveEV Support at support@moveev.com. If you terminate your Account and delete your ReimburseEV User ID, you will not have access to other MoveEV or third party products and services that require a ReimburseEV User ID. This action may be irreversible. Completed and processed reimbursement records may be retained for 7+ years, regardless of account deletion.

B. Termination by MoveEV

MoveEV may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by your employer in relation to the Service, provided that in the case of non-material breach, MoveEV will be permitted to terminate only after giving you 30 days ’notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by MoveEV in its sole discretion and MoveEV will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, MoveEV may terminate your Account upon 30 days ’prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of MoveEV’s reasonable control. MoveEV shall not be liable to you for any modifications to the Service or terms of service in accordance with this Section VIIB.

C. Effects of Termination

Upon termination of your Account you may lose all access to the Service and any portions thereof, including, but not limited to, your Account, ReimburseEV User ID, email account, and Content. In addition, after a period of time, MoveEV will delete information and data stored in or as a part of your account(s) in accordance with the terms of the Company’s then current privacy policy (https://www.moveev.com/privacy-policy). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.

VII. Links and Other Third Party Materials

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because MoveEV may have no control over such third party sites and/or materials, you acknowledge and agree that MoveEV is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that MoveEV shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

VIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

MOVEEV SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.

MOVEEV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MOVEEV MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOVEEV AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, MoveEV AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

MOVEEV DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MOVEEV DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

MOVEEV SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM MOVEEV’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOVEEV AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF MOVEEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

INDEMNIFICATION

To the extent not prohibited by law, you agree to defend, indemnify and hold MoveEV, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys ’fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by MoveEV, acting reasonably, as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue MoveEV, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision, acting reasonably, to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of MoveEV’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless MoveEV from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.

IX. GENERAL

A. Notices

MoveEV may provide you with notices regarding the Service, including changes to this Agreement, by email to your ReimburseEV email address (and/or other alternate email address associated with your Account if provided), SMS, or by postings on our website and/or the Service.

B. Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and MoveEV shall be governed by the laws of the State of Delaware, excluding its conflicts of law provisions. You and MoveEV agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware, to resolve any dispute or claim arising from this Agreement.

C. Entire Agreement

This Agreement constitutes the entire agreement between you and MoveEV, governs your use of the Service and completely replaces any prior agreements between you and MoveEV in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MoveEV to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

D. “MoveEV” as used herein means:

• MoveEV Inc., located at 28 Dane Street, Somerville, Massachusetts, for users in the United States, including Puerto Rico, and internationally.
ELECTRONIC CONTRACTING

E. Privacy

Your use of the Service is subject to MoveEV’s Privacy Policy, which is available at https://www.moveev.com/privacy/.

Last revised: October 31, 2023