PUBLIC OFFER (AGREEMENT)
ON THE PROVISION OF FLASH SERVICES

3.1. The subject of this Agreement is obtaining access via the Application to charging Services for electric vehicles using the Charging stations of the Contractor or Owners of respective Charging stations located at addresses listed in the Application. To provide Services and carry out settlement operations for such Services, the Contractor utilizes the services of an Acquiring Bank. Under the conditions defined by the Agreement between the Acquiring Bank and the Contractor, the Acquiring Bank assumes the obligation to provide acquiring services (a payment service consisting of accepting electronic payment instruments, which results in the transfer of funds from electronic payment instrument Clients in favor of the Contractor when they pay for the Contractor's Services).

3.2. The Contractor undertakes to provide Services in accordance with the terms of the Agreement, including:

4.1. For the purposes of this Agreement, the Acquiring Bank is understood to mean JOINT-STOCK COMPANY "UNIVERSAL BANK", EDRPOU code 21133352, which provides settlement operations and acquiring. Payment confirmation is a Payment terminal receipt, generated by the Acquiring Bank electronically and provided to the Client based on their choice in one of the following ways: by sending to the email address or messenger (Viber/Telegram) to the phone number specified by the Client, by display in the monobank mobile application (for monobank cardholders), or by display in the transaction history in the Application.

4.2. The Contractor is not responsible for any delay in receiving or failure of the Client to receive the Payment terminal receipt if it is caused by technical failures in the operations of the Acquiring Bank, mobile network operators, internet providers, or messaging services, as well as if the Client provided incorrect contact details (phone number or email address).

4.3. The Contractor is not responsible for any possible failures in the Visa/MasterCard payment systems.

4.4. When receiving Services, the Client pays for the Services using a Visa/MasterCard payment card that exclusively belongs to them by entering the payment card details and other confidential data. To prevent fraud involving payment card details, all operations that utilize card data are carried out on a secure page of the Acquiring Bank's processing center, the security of which is confirmed by a PCI DSS certificate. To ensure the most modern online payment security measures, the Acquiring Bank supports Verified by Visa and MasterCard® SecureCode™ security services.

4.5. The Contractor has concluded an Acquiring Agreement with the Acquiring Bank to provide acquiring services.

4.6. The Client has the right to receive Services up to the value of the payment made in the Application. Based on the Client's choice, the informative record of the Service volume can be kept: (1) in a monetary equivalent - the amount of hryvnias, or (2) in Kilowatt-hours - as an indicator for charging an electric vehicle battery.

4.7. Payment for services is made by transferring funds from the Client's bank account to the Contractor's bank account using the Acquiring Bank's acquiring module. Transactions by bank card will be carried out using Verified by Visa / MasterCard SecureCode.

4.8. The result of the deposit of funds by the Acquiring Bank's acquiring module is an increase in the volume of available Services for the Client, which happens immediately from the moment confirmation of blocked funds is received from the payment system from the Client's bank account.

4.9. The deduction of funds from the Client's bank account to the Contractor's bank account takes place after the charging session is completed within the actual volume of kilowatt-hours consumed for charging the electric vehicle battery, in the corresponding monetary equivalent in the national currency of Ukraine - hryvnia.

4.10. After depositing (blocking) funds from the Client's bank account, the current volume of Services to which the Client is entitled is displayed in the Application in kilowatt-hours/hryvnias based on the Client's choice.

4.11. The cost of Services is displayed in the Application next to each charging port (connector). The cost of Services does not include access fees to the Service locations (e.g., parking fees), which the owner of the parking spots and/or station owner sets independently at their own discretion; information on parking costs might not be shown in the Application's information panel.

4.12. If the Client's Charging session is interrupted or concluded, payment for Services is processed solely for the actual volume of received Services, measured in kilowatt-hours. The unused portion of prepaid funds is returned by the Acquiring Bank to the Client's bank account.

4.13. After a Bonus Program participant authorizes in the Application and performs actions according to clause 2.2 of this Agreement, such Client may be credited with Bonuses after receiving the Service.

4.14. Clients' funds deposited (blocked) by the Acquiring Bank on the Client's Bank account act as a payment guarantee for actually rendered Contractor Services and flow into the Contractor's bank account after the Contractor Services are actually delivered.

4.15. The Acquiring Bank service is provided through a commission fee paid by the Contractor. The acquiring service falls under services related to cash settlement and, pursuant to subparagraph 196.1.5, paragraph 196.1 of Article 196 of the Tax Code of Ukraine, is not an object of VAT taxation.

5.1. The Client has the right to:

5.2. The Contractor has the right to:

5.3. The Client is obligated to:

5.4. The Contractor is obligated to:

6.1. Any modifications to the terms of this Agreement are made unilaterally by the Contractor by publishing a new version of the Agreement and posting it in the Application.

7.1. This Agreement is considered concluded from the moment the Client accepts its terms (registers in the Application or starts actually using the Charging station) and is valid for an indefinite period until its termination by either Party.

7.2. The Client has the right to terminate the Agreement unilaterally by sending written notice or deleting their account, provided full payment of arrears for rendered Contractor Services has been made.

7.3. The Contractor has the right to terminate the Agreement or restrict access to Services if the Client violates the terms of this Offer.

8.1. Any disputes arising during the execution of this Agreement and in connection with it are resolved via negotiations between the Parties, and if agreement cannot be reached, in the manner prescribed by the current legislation of Ukraine.

8.2. To resolve disputes, the Client must contact the Contractor and provide confirmation that the Contractor delivered Services of inadequate quality. The Contractor reserves the right to respond to the Client's appeal within 30 days.

9.1. The Parties identify the following information as confidential and undertake not to disclose it: the Client's login and password to access the Client's account in the Application, as well as the Client's personal and payment data.

9.2. Disclosure of Clients' personal information is not considered a breach if it happens due to lawful demands by fiscal, judicial, and other law enforcement agencies, or as a result of corporate changes regarding the Contractor's legal entity and its participation in partnerships with other entities.

9.3. The Client acknowledges and agrees that the Contractor may access account details, store, and disclose them if required by law or if there is a reasonable belief that accessing or disclosing them is truly necessary to: (a) comply with the requirements of any applicable law, rule, court order, or government demand; (b) ensure compliance with these General Terms and Conditions and investigate possible violations thereof; (c) detect, prevent, and take other actions to address fraud, security, or technical issues (including but not limited to spam filtering); (d) respond to users' technical support requests; (e) protect against threats to the property rights or safety of the Contractor, Clients, or the general public.

9.4. The Client acknowledges and agrees that: (a) the Application contains information that is confidential, belongs to its respective owner, and is protected by law; (b) the Contractor and third parties engaged by the Contractor hold all rights to the Application used to provide the conditions of the Agreement.

9.5. The Client agrees with the following Application usage requirements, and commits neither to perform themselves nor permit third parties to: (a) copy, sell, issue licenses, distribute, transmit, modify, adapt, translate, create derivative works, decompile, disassemble, or attempt to derive source code from the Application in any other way, unless specifically authorized; (b) perform any actions to defeat security features, destroy them, or violate content usage rules built into or applied to any function (including, but not limited to, copy protection features) within the Application; (c) remove, obscure, or alter the Contractor's copyright, trademark notices, or other proprietary rights notices.

9.6. The Client agrees to the following requirements for using the Contractor's Application: abide by all laws and regulations governing issues related to downloading, installing, and/or using the Application; and adhere to the requirements and existing rules and policies that the Contractor may establish at its sole discretion from time to time by posting them in the Application.

9.7. While using the Application, the Client agrees and commits not to engage in the following actions:

10.1. The Contractor has the right to determine the amount of penalty sanctions payable by the Client in case the Client commits the following violations:

10.2. Upon detecting the Client's violation outlined in clause 10.1 of the Agreement, the Contractor determines in each separate case the amount of penalty sanctions payable by the Client for committing such a violation, and notifies the Client in writing (via email).

10.3. Upon payment of the penalty sanctions stipulated in clause 10.1 of the Agreement, the Contractor may resume executing the terms of this Agreement.

10.4. If the terms of the Agreement are unfulfilled, the Contractor bears no responsibility for any potential harm caused to the Client's electric vehicle.

11.1. When using the Application and executing Registration by checking the box to grant consent (permission) for personal data processing, the Client confirms their voluntary consent (permission) for the Contractor to use their personal data in accordance with the Law of Ukraine "On Personal Data Protection" (collection, registration, accumulation, storage, adaptation, modification, renewal, use, and dissemination (distribution, realization, transfer) by the Contractor).

11.2. Under Article 8 of the Law of Ukraine "On Personal Data Protection," the Client has the following rights as a personal data subject:

11.3. The Contractor is the authorized rights holder of the personal data of all Clients registered in the Application who have provided their consent for data processing to the Contractor acting as a data controller according to current legislation and toward the formulated objective in this clause. By filling out and submitting an electronic form, the Client confirms that they are acquainted with and agree that their personal data is entered into the information system – the Client Personal Data Base. They confirm their familiarity with their rights under current legislation as a personal data subject (listed above) and agree that the Contractor, as the personal data owner, is not obliged to inform the Client about actions taken to process the Client's personal data per the designated processing goals in this clause.

Categories of data processed during Application use include data regarding Service acquisition operations, Bonuses generated within Service receipt by the Client or other authorized third parties, last name, first name, age (date of birth), gender, mobile phone number, and details regarding the Client's bank settlement data.

11.4. A person's failure to grant consent for processing their personal data under the above conditions, or the withdrawal of their granted consent, makes their Registration and subsequent participation via the Application as a Client impossible.

11.5. The Client may withdraw their given consent for personal data processing at any moment by notifying the Contractor, acting as the personal data owner. Should consent for personal data processing be withdrawn and a withdrawal notification sent, the servicing of such Client is concluded, their personal data is destroyed, and its processing stops.