DRIVER SOFTWARE USE AND LICENSE AGREEMENT

INTRODUCTION

This Software Use and License Agreement ("Agreement") governs the access and use by driver account holders of the Evio Tech Pty Ltd ("HEVO") app and associated platform. The HEVO driver app and platform ("HEVO App") enables the provision of point-to-point transportation and related services requested by passengers ("Services").

By accessing or using the HEVO App, you confirm that you have read, understood and agree to be bound by this Agreement and to comply with all applicable laws and regulations.

In this Agreement, "driver account holder", "user", "you", "your" and "yours" refer to the person using the HEVO App, and "we", "us" and "our" refer to HEVO.

IMPORTANT: If you do not agree with this Agreement, you must not access or use the HEVO App. You must not access or use the HEVO App unless you have been provided with individual account information and login credentials from HEVO after registering to be a driver.

1. GENERAL TERMS

1.1 The following terms and conditions apply to all users of the HEVO App. We may make changes to this Agreement from time to time. The amended Agreement and terms will apply automatically from the time they are made available or published on our website and/or the HEVO App. We encourage you to check our website and the HEVO App regularly to stay updated on any changes. If you do not agree to the amended Agreement, you must stop using the HEVO App.

1.2 The Driver Agreement and other terms and conditions apply between you and HEVO and can be accessed within the HEVO App.

2. OWNERSHIP AND INTELLECTUAL PROPERTY

2.1 HEVO and its related entities have intellectual property rights in the content distributed by HEVO alone or together with its related entities, including, without limitation, the HEVO App and any software used or provided. These intellectual property rights are protected by applicable laws.

2.2 By accessing the HEVO App, you are granted a limited, revocable, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to use the HEVO App for the sole purpose of receiving and fulfilling requests for Services by Passengers in accordance with this Agreement. You acknowledge that other than the express license granted to you in this Agreement, you obtain no other rights, implied or otherwise, in respect of the HEVO App.

2.3 All trademarks, copyrights, database rights, and other intellectual property rights related to the HEVO App remain the property of HEVO or its related entities at all times.

2.4 You undertake not to:

(a) Use the HEVO App for any unlawful or fraudulent purpose, including falsely misrepresenting yourself or impersonating another user;

(b) Copy or modify the HEVO App, any part of the HEVO App, or our trademarks or intellectual property in any way;

(d) Translate or attempt to translate the HEVO App into other languages, or make derivative versions;

(e) Use any information available through the HEVO App that could compromise the enjoyment or security of any third party;

(f) Provide inaccurate, defamatory, or offensive feedback;

(g) Stalk or harass any individual through the HEVO App;

(h) Use automated scripts to collect information from or otherwise interact with the HEVO App;

(i) Access data of which you are not an intended recipient or log into a server or account on a network related to the HEVO App that you are not expressly authorized to access; or

(j) Allow any other person to use your account or any other third party to do any of these things.

2.5 No person shall use any content of the HEVO App in any manner outside the scope of this Agreement without the written consent of HEVO.

3. LIMITATION OF LIABILITY

3.1 The HEVO App is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, HEVO gives no warranties as to the availability, performance, or reliability of the HEVO App at any time. To the fullest extent permitted by law, the HEVO App is provided without warranty of any kind.

3.2 If you choose to use the HEVO App, you do so at your sole risk.

3.3 You are responsible for making all arrangements necessary for you to access the HEVO App. You are responsible for all activities that take place on the HEVO App in your name or through your internet connection, even if you comply with this Agreement and do not participate in or condone the activity.

3.4 You are liable for any costs charged by your mobile data or internet service provider, including any data connection costs charged in connection with your download or use of the HEVO App.

3.5 You acknowledge that we have the right at our sole discretion to suspend or terminate your license to use the HEVO App for breach of this Agreement or for any other reason if we consider it appropriate to do so.

3.6 HEVO ensures that it uses the best possible technology to enable the best user experience. However, except when provided for under this Agreement or in supplementary terms and conditions, HEVO is not liable for:

(a) Any error or non-performance of the HEVO App arising from your use of the HEVO App;

(b) Any error in the performance of the HEVO App arising from a failure in or unavailability of the data connection;

(d) Any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program or technological interference;

(e) Any unavailability of the HEVO App;

(f) The accuracy, completeness, adequacy, and reliability of the information and content contained on the HEVO App;

(g) Any delay, difficulty, or inability to download or access the HEVO App or related content for any reason;

(h) Any other communication or other system failure; or

(i) Any failure of the HEVO App or any other non-performance to the extent that failure or non-performance arises from any force majeure event.

If the HEVO App is not available for any reason, HEVO will use reasonable endeavors to notify you and resolve the issue as soon as possible.

3.7 We shall have no responsibility for any personal or financial losses, costs, expenses, or liabilities of whatever nature and however arising which result from the use of the HEVO App, unless we are required to by law or such losses, costs, expenses, or liabilities arise as a direct result of any willful default, fraud, or dishonesty on our part.

3.8 If you are a consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law ("Consumer Legislation") about the supply of goods or services to you. If we fail to comply with those consumer guarantees, then you may have rights against us under the Consumer Legislation that we are prohibited by law from excluding, restricting, or modifying. However, where any goods (if any) or services supplied under this Agreement are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for breach of any consumer guarantee applicable to our supply of those goods or, if applicable, services under the Consumer Legislation, is (to the extent permitted by the Consumer Legislation) limited to any one or more of the following, as determined by us:

(a) The supply of equivalent goods or services again; and

(b) The payment of the cost of acquiring equivalent goods or having the services supplied again.

3.9 To the extent permitted by applicable law, including the Consumer Legislation, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with your use of the HEVO App or in relation to the provision of Services to Passengers will be limited to the amount of fees actually paid to or due to HEVO in the 6 months immediately prior to the event giving rise to such claim.

4. SUSPENSION OR CANCELLATION OF LICENSE

4.1 We may, in our discretion and without liability to you, with or without cause, with or without prior notice or explanation and at any time, decide to limit, suspend, deactivate, or cancel your license granted under this Agreement either temporarily or permanently if we cease to operate in Australia or if we consider you have breached this Agreement, any other agreement you have with HEVO, or any terms and conditions applicable to you. We will endeavor to provide you with a reason if we suspend or deactivate your account.

5. GOVERNING LAW AND JURISDICTION

5.1 By accessing the HEVO App to use the services provided by HEVO or cooperative service providers, you agree that such access or services shall be governed by the laws of Western Australia. If any of the terms in this Agreement is invalid or unenforceable, they can be severed without affecting the enforceability of the other terms in any way.

5.2 If you have a dispute under the terms of this Agreement, you should first contact us and inform us of the basis of your dispute. We will endeavor to resolve the dispute by negotiation with you. If we cannot settle the dispute, then you agree that you will use best endeavors to agree on an appropriate dispute resolution process with us. This does not limit our rights under this Agreement, including to limit, suspend, deactivate, or cancel your license granted under this Agreement. We reserve the right to seek injunctive or other equitable relief.

Last updated: March 10, 2025

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Software Use and Licence Agreement

Updated 10th March 2025