Charging Station Network Membership Agreement

A. SUBJECT AND PURPOSE OF THE AGREEMENT

This Charging Station Network Membership Agreement ("Agreement") is concluded to enable members ("Member") and guest users ("Guest") who are not members of the Company but can use the Company's charging station through the website of GS MAR Elektrik ve Elektronik Cihazlar San. Dış Tic. A.Ş. ("Company") with the website www.gsmcharge.com.tr ("Website") and the mobile application called "GSM Charge" affiliated with this site, and to provide the use of electric vehicle charging by the Member and Guest within the framework of the terms and conditions specified in this Agreement and on the Website and mobile application, and to regulate the rights and obligations of the Parties.

In this agreement, the Company, Member, and Guest may be referred to separately as "Party" and collectively as "Parties."

B. EFFECT AND MEMBERSHIP OF THE AGREEMENT

3. This Agreement shall come into effect upon the Member becoming a member by entering the necessary information in the section allocated for membership on the Website and/or mobile application and completing the necessary steps, reading this Agreement, and marking "I accept the Agreement." To become a Member, the person must be of legal age and authorized to represent and bind the legal entity members for legal entity members. If there is no obstacle to the Member's membership, the Company will create a membership card ("Membership Card") for the Member to use the charging station network as soon as possible.

This Agreement shall come into effect when the Guest reads this Agreement, marks "I accept the Agreement," and enters the necessary information in the section allocated for the Guest on the Website and/or mobile application. To be able to use the charging station network as a Guest, one must be of legal age and authorized to represent and bind the legal entity Guests. After completing these stages, the Guest will be able to start using the charging station network.

C. GENERAL PROVISIONS REGARDING THE SERVICE

5. The Company reserves the right to make changes to this Agreement by updating through the Website and/or mobile applications.

The Member and Guest will be able to identify the locations of the charging stations that the Company uses through the Website and mobile applications and, if available, track the working hours, technical specifications, prices, and availability of the charging stations. Unlike the Guest, the Member will be able to track information regarding their previous uses and make reservations for future uses. The responsibility of the Company is limited to the accuracy and currency of this information at the time the Member checks it. The Member acknowledges that this information may change frequently and agrees that the Company will not be held responsible for any changes or updates to this information.

The Member can benefit from the charging service provided within the scope of this Agreement by using the Membership Card sent to them by the Company.

The Company's responsibility towards the Member and/or Guest is limited to the direct damages of the Member and/or Guest caused by the Company's fault, without any fault of the Member or Guest, during the use of the services provided under this Agreement.

The Member and Guest acknowledge and undertake that the services provided within the scope of this Agreement will be provided only if the Member and/or Guest pay the fees specified and determined by the Company for these services and if the Member and/or Guest provide current, accurate, and complete information regarding the matters requested within the scope of membership. They agree that in case of failure to pay the fees or not providing up-to-date, accurate, and complete information regarding the matters requested within the scope of membership, this Agreement will be considered violated, and the Company may stop their usage without notice or terminate their membership or exercise their legal rights within the scope of this Agreement and other legislation.

In case of force majeure, the Company shall not be liable for any damages arising from delay or failure to perform any of the obligations set forth in this Agreement in full or in part. Such situations will not be considered as delay, partial performance, or default by the Company, and no compensation will be claimed from the Company under any name for such situations. Force majeure includes natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and adverse weather conditions, as well as attacks on the Website and mobile application and the system, despite the necessary information security measures taken by the Company, which occur beyond the reasonable control of the Company and which the Company could not prevent despite exercising due diligence.

C. SPECIAL PROVISIONS REGARDING THE SERVICE

11. The Member and/or Guest are responsible for the accuracy and currency of all information provided in any way during or after service procurement. In case the Company detects that the information of the Member and/or Guest is not up-to-date in any way, the Company may terminate the membership of the Members and may not provide service to the Guests. The Member and/or Guest agree and declare that they will indemnify the Company for any damages that may arise in connection with the matters arising under this provision.

The Membership Card allocated by the Company to the Member belongs exclusively to the Member and is provided solely for the Member's use. The Member cannot allow a third party to use the Membership Card for any reason. The Member agrees, declares, and undertakes that it is obliged to update the information regarding the model/plate, etc. information regarding the vehicle given during membership and/or the allocation of the Membership Card to a certain vehicle and the change of this vehicle information immediately. Otherwise, the Member accepts that the Company may suspend the membership or terminate it without notifying the Member.

The Member and Guest may only use the charging stations owned by the Company for charging the vehicle they are using, in accordance with the law and for the intended use. The Member and Guest agree, declare, and undertake that they will not use the charging stations for any purpose other than charging, including making income for commercial purposes, and that they will comply with the usage conditions set forth by the Company and the current legislation during the use and will be responsible for all direct and indirect damages they may cause to the Company and/or third parties if they use them for any other purpose. The Company reserves the right of recourse to the Member and/or Guest regarding the payments it may have to make to third parties due to reasons arising from the Member and/or Guest.

The Member and Guest agree and declare that the Company has the right to freely determine the fee for the service provided within the scope of this Agreement, the conditions for pricing, promotions, and other applications, and that these may be applied differently and under different conditions to different members at the discretion of the Company.

The Parties are aware that the amount of the fee for the service provided within the scope of this Agreement, the penalties, and payment terms are stated on the Website and mobile application of the Company and are updated from time to time on these platforms. The Member and/or Guest declare and undertake that they are obliged to check the fees and payment terms and conditions from the Website and mobile application before receiving the service and that they accept the updates made on these platforms. In case of failure of the Member and/or Guest to make full and timely payment, the Company reserves the right to use any and all rights, including the interests specified on the Website and/or mobile application and/or arising from the relevant legislation, and the Member and/or Guest accept, declare, and undertake to indemnify the Company for the damages arising from the delay in payment.

The current rates for the services specified within the scope of this contract, as well as penalties and all other fees, will be announced on the Website and mobile application. In addition to these, the fees for the services in the rates, the amounts of penalties, and other fees may vary depending on the location, day, hour block, and time. Furthermore, the company reserves the right to make changes and/or cancel any opportunities and promotions mentioned in texts such as company introductions, advertisements, brochures, and their prices.

The Member and the Guest acknowledge, declare, and undertake that the Company shall not be held responsible for the full and complete provision of the services within the scope of this Agreement due to situations and/or service interruptions and failures arising independently of the Company, including but not limited to those caused by technical infrastructure, power outages, and due to the location or service provider of charging stations, and that they shall not make any compensation claims against the Company for such situations, and for such purposes.

The Member is responsible for the confidentiality of their membership account and password, and for the security of the Membership Card and/or the vehicles used to access the Website and mobile application. In the event that they are obtained/stolen/lost by third parties, the Member agrees, declares, and undertakes to be solely responsible for the use of the membership information and Membership Card by third parties and is obliged to inform the Company immediately and accepts that the Company has no liability in such a case.

The Member and the Guest acknowledge, declare, and undertake that the Company is not responsible in any way if they cannot benefit from the charging service within the scope of this Agreement due to the complete and proper operation of their electric vehicle and charging system, and thus due to their vehicle and/or themselves and/or the Guest for any reason. The Company is also not responsible for access problems arising from the area where the charging stations are located, the traffic density in these areas, or any damage or loss caused to the Member and/or Guest by other members or third parties.

The Company is the owner or licensee of all materials, including but not limited to all domain names, logos, all kinds of data, the applied sales system, business method, and business model, as well as their intellectual and industrial property rights and are legally protected unless otherwise specified. Except as specified, they cannot be used without permission or attribution for commercial or personal purposes by the Member and/or Guest.

D. PROVISIONS REGARDING PAYMENT

The Member and the Guest declare and undertake that they are aware of and accept the current information regarding payment and pricing, cancellation, and refund terms and conditions on the Website and mobile application.

Payment systems are determined at the Company's own initiative, and payments, including but not limited to these, will be made by credit card using the infrastructure provided by the company that intermediates payment through "GSM Charge."

The Member is solely responsible for the accuracy and maintenance of all contact information registered on the Website and/or mobile application.

In case the Member and/or Guest fails to fulfill their payment obligation in full, timely, and properly, the Company reserves the right to resort to legal remedies.

E. PRIVACY AND PROTECTION OF PERSONAL DATA

With the acceptance of this Agreement, the information provided by the Member during the membership application and/or by the Guest is carefully protected by the Company. All kinds of information obtained through the Website, mobile application, and other methods will be used for the performance of this Agreement and the fulfillment of legal obligations. The Member and/or Guest undertakes that the information they provide to the Company is accurate and up-to-date. For members, the username and password assigned to the Member through the Website and/or mobile application are personal. The Member undertakes not to share this information with third parties. In case of the contrary, the Member is responsible for any damages that may occur. Detailed information about this Agreement, the privacy policy, and the protection and processing of personal data can be accessed through the Website and mobile application.

F. TERMINATION OF THE AGREEMENT

In case the Member and/or Guest does not comply with the terms and conditions of use determined on the Website and mobile application, the Company may suspend the service provision or terminate the Agreement. In such a case, the Member and/or Guest shall be obliged to immediately settle all debts arising with the Company and compensate the damages that may arise due to the violation of the Agreement.

Without prejudice to the relevant provisions of this Agreement, if the Member or the Company wishes to terminate this Agreement and the membership, they have the obligation to notify the other Party. The Member will make this notification through the contact information located in the communication tab on the Company's Website and mobile application. The Company will send all kinds of notifications to the Member's reported email address, and the Member accepts that this email address is the legal notification address and that any requests made to the former electronic mailbox will be valid and deemed to have been made to them, unless they inform the Company in writing within 3 (three) days of the changes. Any notification sent to the Member's email address will be deemed to have reached the Member 1 (one) day after the notification is sent.

This Agreement starts for Guests according to Article B and ends after the charging service is obtained from the charging station network by the Guest.

G. EVIDENCE AGREEMENT

The Member and the Guest agree that, in case of any disputes arising from the services provided under this Agreement, the electronic and system records of the Company and the system records, microfilm, microfiche, and computer records, commercial records, ledger records, e-invoice, and computer records shall constitute binding, final, and exclusive evidence; exempt the Company and authorized representatives from taking an oath; and this article qualifies as an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

H. DISPUTE RESOLUTION AND APPLICABLE LAW

In the implementation, interpretation, and legal relationships arising within the scope of this Agreement, Turkish Law shall apply.