Epsis Electric Vehicle Charging Station Network Membership Agreement

1. Parties

1.1 This Electric Vehicle Charging Station Network Membership Agreement (the “Agreement”) has been concluded between FORM ELEKTRİK İNŞAAT MÜHENDİSLİK ANONİM ŞİRKETİ (“EPSIS” or the “Company”), headquartered at Malıköy Anadolu OSB, 29 Ekim Caddesi, No:1/A, Sincan/ANKARA, MERSIS No: 0388020129900013, Trade Registry No: 152723, KEP: formelektrik@hs01.kep.tr, and the real or legal person (the “User”) who benefits from the charging service by using the EPSIS website (https://epsis.net and its subdomains) and/or the EPSIS mobile application.

1.2 EPSIS holds an Electric Vehicle Charging Network Operation License (License No: ŞH/11301-2/00049). EPSIS and the User are referred to together as the “Parties” and individually as a “Party”.

1.3 Customer service / complaint channels: Call Center: 0850 308 36 76, E-mail: destek@epsis.net, Web: epsis.net/iletisim.

2. Definitions

“Member”: The User who accepts the Agreement by creating an account via the Website or the Mobile Application and who benefits from the charging service.

“Guest User”: The User who receives instant (ad-hoc) charging service from the stations without creating a membership, subject to the provisions of this Agreement to the extent applicable.

“Charging Service”: The service provided by transferring unit energy (kWh) to the electric vehicle.

“Station”: The electric vehicle charging station and equipment located in the EPSIS network.

“Identification Tool”: The EPSIS RFID card, the mobile application or any other identification method.

“AutoCharge (Automatic Charging)”: The feature whereby the charging process is started without additional authentication and billed to the User's account by automatically recognizing the vehicle through its license plate, vehicle ID or charging socket.

“Regulation”: The Charging Service Regulation put into force by EPDK (Energy Market Regulatory Authority) and the related legislation.

“Occupancy Fee”: The additional time-based fee (TL/min) applied to a User who does not leave the station within the free waiting period granted after the charging process (energy transfer) is completed and the User has been informed thereof.

“Website / Mobile Application”: https://epsis.net and its subdomains and the EPSIS mobile application.

3. Subject and Scope of the Agreement

3.1 The subject of this Agreement is to determine the charging services offered via the Website and the Mobile Application, the conditions for benefiting from these services, and the rights and obligations of the Parties.

3.2 The provision, pricing and complaint processes of the charging service are subject to the provisions of the Regulation. In the event of a conflict between this Agreement and the Regulation, the provisions of the Regulation shall apply.

4. Membership and Guest Use

4.1 Membership is completed when the User creates an account with a valid e-mail address and GSM number and approves this Agreement electronically.

4.2 To become a member, one must be at least eighteen (18) years of age (of legal age); legal entities must be authorized to represent. EPSIS may suspend or terminate memberships that are found to belong to minors and deletes the personal data of such persons in accordance with the legislation.

4.3 A Guest User may receive instant charging service from the stations without creating a membership. The provisions of this Agreement regarding use, fees, liability and personal data also apply to the Guest User to the extent appropriate to their nature.

4.4 The User is responsible for ensuring that their membership information is accurate and up to date; they update any changes via the Mobile Application, the Website or customer service within 10 (ten) days at the latest.

5. Terms of Use

5.1 The User agrees to pay, when due, the fees for all charging transactions started with the Identification Tool. If the User allows a third party to use the Identification Tool, the User is also responsible for the transactions carried out by that person, subject to the notification in Article 7.3.

5.2 The User carries out charging transactions in accordance with the instructions provided on the station, on the Website or in the user manual, and with the legislation in force.

5.3 The User uses the Stations only for the purpose of charging the vehicle they are using, in accordance with the law and the intended purpose; they may not use them for commercial resale/income generation purposes. Otherwise, the User is liable for the direct damages caused to EPSIS and/or third parties.

5.4 After the charging process is completed, the User disconnects their vehicle from the station within a reasonable time to allow access for other users. The Occupancy Fee is applied according to the following steps: (i) when the energy transfer ends, EPSIS notifies the User via Mobile Application notification and/or SMS that the charging process has been completed and that they need to disconnect their vehicle; (ii) from this notification, the free waiting period announced in advance in the Tariffs section is granted; (iii) at the end of this period, the Occupancy Fee (TL/min) announced in advance in the current tariff is applied to the User who has not left the station. The Occupancy Fee accrues only if the notification in clause (i) has been made; the Occupancy Fee tariff and the free waiting period are announced via the Website, the Mobile Application and the station; for this purpose, the fee amount does not need to be announced separately for each charging transaction.

6. Pricing and Payment

6.1 The charging service fee is applied on the basis of the unit energy (TL/kWh) transferred to the electric vehicle. Different prices may be set for units of different types and power. Pursuant to the Regulation, no separate fee of any kind, such as a connection fee, session start fee or charging equipment usage fee, is charged apart from the charging service price. (The Occupancy Fee and value-added additional service fees are reserved.)

6.2 Current prices are announced simultaneously via the Website, the Mobile Application and the station. The User is obliged to check the current price before receiving the service.

6.3 Payments are made with credit/debit cards and other payment methods accepted by EPSIS, via the infrastructure of the payment service provider. For credit card payments, a pre-authorization/block of a certain amount may be applied before the service; the block is released according to the balance after the service is completed.

6.4 A corporate or postpaid User reviews the invoice sent to them and submits any objections to EPSIS customer service within 8 (eight) days from the invoice date; invoices not objected to within this period are deemed accepted.

6.5 If payment is not made in full and on time, EPSIS may temporarily freeze the account, charge statutory default interest and exercise its rights arising from the legislation. These cases apply subject to the mandatory provisions of consumer legislation.

6.6 Cancellation/Refund: If the service cannot be accessed for a reason attributable to EPSIS or the station without any fault of the User, the fee paid is refunded. The refund process and conditions are announced on the Website/Mobile Application.

6.7 Change of Tariff and Occupancy Fee Practice: EPSIS reserves the right to update or remove the charging service prices and the Occupancy Fee practice (including whether it is applied, its amount and the free waiting period) at any time. These changes are announced in advance and simultaneously via the Website, the Mobile Application and the station, and become valid from the moment they are announced. The current tariff announced at the moment a charging transaction is started applies to each charging transaction. Tariff and Occupancy Fee changes are announcement-based and do not constitute a material amendment of the agreement to the detriment of the User within the meaning of Article 13.2.

6.8 Right of Withdrawal: A User who is a consumer may withdraw from the distance contract relating to membership within 14 (fourteen) days from its conclusion without giving any reason and without paying any penalty. However, since the charging service is a service whose performance begins (is performed instantly) upon the User's explicit approval and acknowledgement that the right of withdrawal will end with this approval, the right of withdrawal cannot be exercised with respect to a charging service whose performance has begun. Notice of withdrawal can be given via the Call Center (0850 308 36 76), destek@epsis.net or the Mobile Application.

6.9 Measurement and Invoice Transparency: The charging service is priced on the basis of the energy (kWh) transferred as measured by measuring equipment (meter) that complies with the relevant legislation and has been calibrated. For each charging transaction, EPSIS makes available to the User via the Mobile Application a breakdown showing the amount of energy transferred (kWh), the transaction start/end time, the unit price applied and the total amount. The User can review the accuracy of the measurement and transaction data through this breakdown and may object in accordance with 6.4.

7. Identification Tool, AutoCharge and Loss/Theft

7.1 The RFID card/identification tool allocated to the User by EPSIS belongs exclusively to the User.

7.2 The User is responsible for the confidentiality of their membership account, password and Identification Tool.

7.3 If the Identification Tool is lost, stolen or falls into the hands of third parties, the User notifies EPSIS without delay via the Call Center (0850 308 36 76) or the Mobile Application. The User is responsible for transactions carried out between the moment of loss/theft and the moment the notification reaches EPSIS. After receiving the notification, EPSIS blocks the Identification Tool without delay; the User is not held responsible for transactions carried out after this moment. The notification channels are accessible without interruption (24/7).

7.4 AutoCharge (Automatic Charging): When the User activates the AutoCharge feature, they are responsible for all charging transactions started with the registered vehicle. If the User sells, transfers or stops using the registered vehicle, they are obliged to deactivate the AutoCharge feature and/or update the vehicle information via the Mobile Application without delay. Until this obligation is fulfilled or the situation is notified to EPSIS, the User is responsible for the transactions carried out with the registered vehicle. Upon notification, EPSIS deactivates the AutoCharge feature without delay.

8. Rights and Obligations of the Parties

8.1 EPSIS undertakes that the Stations are operated in accordance with the legislation and that their technical specifications are as shown on the Website; technical failures and force majeure events are reserved.

8.2 EPSIS evaluates and concludes complaints in accordance with the procedures and time limits set out in the Regulation; if the relevant complaint falls under the responsibility of another operator/station owner, it provides the referral.

8.3 If the User does not fulfil their payment obligations in full and on time or does not provide the information requested from them in an up-to-date/accurate manner, EPSIS may suspend use or terminate the membership with due notice.

9. Limitation of Liability

9.1 EPSIS's liability under this Agreement is limited to direct damages arising from its own fault. EPSIS is not liable for indirect damages, loss of profit, or damages caused by third parties/the User.

9.2 EPSIS's total liability to the User may not exceed the total amount paid by the User to EPSIS in the 12 (twelve) months preceding the date of the transaction giving rise to the damage.

9.3 The limitations in this article do not apply in cases of EPSIS's gross negligence or intent and its liability relating to the safety of life and property, and are subject to the mandatory provisions of consumer legislation.

9.4 EPSIS cannot be held liable for the service not being provided due to power outages, technical infrastructure, the location of the station/the site provider, or the User's vehicle/charging system.

10. Intellectual Property

10.1 All materials on the Website and the Mobile Application, including the domain name, logo, trademark, content, design, software and business model, and the related intellectual and industrial property rights belong to EPSIS or its licensors and are under legal protection.

10.2 The content may not be copied, reproduced, distributed, published or used in any other medium without the written permission of EPSIS.

11. Protection of Personal Data

11.1 The User's personal data (including identity, contact, vehicle license plate, location, charging session/transaction records, payment and invoice information) is processed in accordance with KVKK No. 6698 for the purposes of membership and performance of the service, payment and invoicing, customer relations, roaming processes, fulfilment of legal obligations and information security, based on the legal grounds in Articles 5-6 of the KVKK.

11.2 Personal data is retained only for the period necessary for the relevant purpose and for the retention periods stipulated in the legislation; at the end of the period it is deleted, destroyed or anonymized in accordance with the EPSIS Personal Data Retention and Destruction Policy. Data is not retained indefinitely. If the User requests deletion, records that must be kept by law (invoice/financial and commercial records, limitation periods, etc.) are retained for the relevant legal period solely for this purpose and destroyed at the end of the period; the remaining data is deleted or anonymized.

11.3 Details regarding the processing and transfer (domestic/abroad) of personal data, data categories, retention periods and the exercise of rights under Article 11 of the KVKK are set out in the Form Elektrik/EPSIS KVKK Privacy Notice (formelektrik.com/kvkk), the EPSIS Privacy Policy (epsis.net/gizlilik-politikasi), the Cookie Policy and, if any, the Explicit Consent Text. These documents are an integral part of the Agreement. Data Controller: Form Elektrik İnşaat Mühendislik A.Ş. (MERSIS: 0388020129900013).

12. Commercial Electronic Messages

12.1 The sending of commercial electronic messages for marketing/advertising purposes by EPSIS is, pursuant to Law No. 6563 and the related legislation, subject solely to the separate and explicit approval given by the User. This approval is independent of the acceptance of this Agreement and is registered in the Message Management System (İYS).

12.2 The User may opt out of receiving messages at any time and without giving any reason; they can exercise the right to opt out free of charge via İYS, the link in the message or customer service. The opt-out request is fulfilled without delay. However, mandatory/transactional notifications relating to the charging transaction, invoice, security and the agreement are not commercial electronic messages, are outside the scope of this opt-out and will continue to be sent for the performance of the service.

13. Term, Amendment and Termination of the Agreement

13.1 The Agreement enters into force upon the User's approval and remains in force until terminated by either Party.

13.2 EPSIS may update the terms of the Agreement. Material changes to the detriment of the User are notified to the User at least 10 (ten) days before they enter into force; the User has the right to terminate the Agreement within this period. Continued use after the notification constitutes acceptance of the updated terms.

13.3 The User may terminate their membership at any time without giving any reason. EPSIS may terminate the Agreement if there are just causes or with 10 (ten) days' prior notice; claims and rights of action regarding accrued debts are reserved.

14. Force Majeure

14.1 In unforeseeable circumstances beyond EPSIS's reasonable control, such as natural disasters, epidemics, war, mobilization, strikes/lockouts, cyber attacks, communication/infrastructure/internet failures, power outages, fire, flood and earthquake (“Force Majeure”), EPSIS shall not be liable for the obligations whose performance is prevented or delayed, and this situation shall not be deemed a breach.

15. Assignment and Transfer

15.1 EPSIS may assign and transfer its rights and obligations arising from this Agreement to third parties; any transfer of personal data is carried out in accordance with the KVKK. The User may not transfer the Agreement without the written approval of EPSIS.

16. Notices and Notifications

16.1 The e-mail address and/or address specified by the User in their membership information is deemed the valid address for notifications. Unless the User notifies changes of e-mail/address within 3 (three) days, notifications made to the old address are deemed valid.

17. Complaints and Dispute Resolution

17.1 This Agreement is governed by Turkish law. In consumer transactions, the Consumer Arbitration Committees and Consumer Courts at the User's place of residence have exclusive jurisdiction within the relevant monetary limits.

17.2 For Users who are not consumers, the Ankara Courts and Enforcement Offices have jurisdiction to resolve disputes.

18. Evidence

18.1 Subject to the mandatory provisions of consumer legislation (Code of Civil Procedure (HMK) Art. 193/last paragraph); in disputes that may arise from this Agreement, EPSIS's books, electronic and system records constitute valid evidence within the meaning of HMK Art. 193.

19. Other Provisions

19.1 Severability: The invalidity/unenforceability of any provision does not affect the validity of the other provisions.

19.2 Waiver: A waiver of a right is not valid unless in writing; failure to exercise a right does not constitute a waiver of that right.

19.3 Roaming: If EPSIS is a party to roaming agreements, the User may use the stations of other networks. The unit price to be applied at stations within the scope of roaming and any roaming/service difference are shown to the User via the Mobile Application before the charging process starts. Responsibility arising from the provision of the charging service at these stations lies with the relevant operator.

20. Entry into Force

20.1 This Agreement, consisting of twenty (20) articles, enters into force at the moment it is approved electronically by the User after reading each of its provisions.