PASSENGER AGREEMENT

INTRODUCTION

This Passenger Agreement together with any and all of its Schedules and Attachments ("Terms") detail the agreement between you and Evio Tech Pty Ltd (ACN 654 310 693) ("HEVO") governing your use of the HEVO Rider App and platform ("Rider App") which facilitates the provision of point-to-point transportation services ("Transportation Services") and Related Services ("Related Services") (collectively, the "Services") requested by you via the Rider App.

In these Terms, "Passenger", "you", "your" and "yours" refer to the person using the Rider App and "we", "us" and "our" refer to HEVO.

In order to access the Rider App and receive Services you must register as a Passenger. By registering as a Passenger you confirm your acceptance of these Terms and our Privacy Policy available at hevo.app ("Site") and or the Rider App. These Terms will come into effect on the date you register as a Passenger of the Rider App and is a binding legal agreement between you and us.

These Terms must be read together with all applicable documents including but not limited to HEVO's Passenger Code of Conduct at Schedule 1 of these Terms, Passenger Software Use and Licence Agreement, Complaint Handling Policy, Privacy Policy, Anti-Fraud Policy, and Cancellation Policy (available on HEVO's website: https://hevo.app)

Whilst you are required to comply with HEVO's policies as amended from time to time, for the avoidance of doubt those policies themselves do not form part of these Terms nor do they constitute contractual terms and conditions with HEVO.

If you do not agree with these Terms you must not access or use the Rider App.

If you have any questions regarding these Terms, please contact us at support@hevo.app.

1. PASSENGER REGISTRATION

1.1 Eligibility Requirements

To be eligible to register on, and use, the Rider App you must:

• Be over 18 years old and legally able to enter contracts
• Have a valid payment method
• Agree to comply with these Terms and any requests from HEVO to provide accurate and valid information relevant to your use of the Rider App

1.2 App Permissions

You will be asked to allow HEVO various permissions in order for the Rider App to properly function. If you are using the iOS system, you may be asked words to the effect of "Allow HEVO to access photos, media and files on your device" and if you are using the Android system, you will be asked words to the effect of "Storage permission is required by HEVO. Including Read/Write/Delete External Storage". You acknowledge and give the necessary permissions to HEVO including accessing your photos and files for the purpose of setting your profile picture and facilitating communication between you and the drivers through the Rider App.

1.3 Personal Information

You acknowledge and agree that HEVO will collect, hold, use and disclose any personal information you provide to HEVO, including credit related personal information, in accordance with our Privacy Policy.

1.4 Information Accuracy

You warrant that the information provided by you to us is true, accurate and complete and you acknowledge that HEVO reserves the right to verify your information.

1.5 Registration Discretion

HEVO reserves the right to refuse registration in its sole discretion.

2. OUR ROLE

2.1 Affiliates Definition

"Affiliates" refers to any company or entity controlled by, controlling, or under common control or in a partnership or joint venture with HEVO.

2.2 HEVO's Limited Role

You acknowledge that HEVO (or any Affiliate) is not an owner or driver of vehicles or an employer of drivers. You also acknowledge that HEVO does not provide Services and is not a carrier or a common carrier. Unless explicitly specified otherwise, HEVO's responsibilities are limited to:

(a) Facilitating the use and making available the Rider App; and

(b) In the case of Services, serving as the limited payment collection agent of each driver for the purpose of accepting and processing payments from Passengers on behalf of the driver.

2.3 Promotions

From time to time HEVO may offer promotions or discounts to some or all Passengers that may have the effect of you paying the driver a lower amount than would otherwise have been the case.

3. YOUR OBLIGATIONS

3.1 Use Obligations

You agree that when you use the Rider App you will:

(a) Comply with all applicable laws, regulations and rules;

(b) Comply with these Terms, including the Passenger Code of Conduct at Schedule 1 of these Terms, and any other Schedule or Attachment to these Terms;

(c) Comply with our policies and procedures, including our Complaint Handling Policy, Privacy Policy and Anti-Fraud Policy (available on HEVO's website: https://hevo.app);

(d) Comply with any relevant terms and conditions applicable to your use of the Rider App including without limitation HEVO's Passenger Software Use and Licence Agreement (available on HEVO's website: https://hevo.app) and any promotion or discount terms and conditions;

(e) If you arrange a ride on behalf of someone else, provide the name, location, phone number and other information about that person so that they can use our services (and by providing this information, you warrant that you have obtained their consent to share that information with us);

(f) Not use it to arrange a ride on behalf of someone who is less than 18 years old;

(g) Not use it for any illegal, fraudulent, harmful purpose, or other purpose that is contrary to HEVO's Community Guidelines (available on HEVO's website: https://hevo.app).

4. CHANGES TO TERMS

4.1 Amendment Process

We may at any time, by providing you at least 7 days' notice, amend these Terms including any and all of its Schedules and Attachments or any other document referenced in these Terms. These changes will apply on the later of 7 days from the date of the notice or the effective date specified in such notice.

4.2 Rejection of Changes

If you do not agree to a proposed change, you may terminate these Terms by deleting your account immediately without penalty or notice to us in accordance with clause 15.3.

4.3 Deemed Acceptance

If you continue to use the Rider App after any change to these Terms take effect, or you otherwise indicate acceptance to us of any change to these Terms, you will be taken to have accepted such change.

5. PRODUCT OFFERINGS

5.1 Available Services

When using the Rider App, you may have access to multiple product offerings from us in relation to Services including, but not limited to, "HEVO", "HEVO Plus", "HEVO EV".

6. CANCELLATIONS

Our Cancellation Policy (available on HEVO's website: https://hevo.app) sets out the circumstances in which a cancellation fee may be payable by you when Services are cancelled. Please read that policy for further information.

7. COMMUNICATIONS

7.1 Driver Communication

The Rider App allows you to contact a driver who has accepted your booking service request via call or message anonymously to facilitate the provision of Services. You acknowledge and agree that to enable this functionality, you will be asked to allow HEVO to access to your media files to the extent required to facilitate such communications. If you are using iOS system, you will be asked words to the effect of "Allow HEVO to access photos, media and files on your device" and if you are using Android system, you will be asked words to the effect of "Storage permission is required by HEVO. Including Read/Write/Delete External Storage".

7.2 Recording Communications

If you use this functionality, HEVO will record all communications (voice and text) made and received with drivers through the Rider App for safety, monitoring and quality assurance purposes, analytical purposes in order to improve our services and/or to investigate and deal with disputes and complaints. By using this functionality, you consent to HEVO recording and using these communications, in accordance with the provisions of our Privacy Policy.

8. REPORTING INAPPROPRIATE CONDUCT

If you have a driver who you feel is acting or has acted inappropriately, including but not limited to:

(a) Breaches of any applicable local, state or national law, regulation and/or rule;

(b) Driving under the influence of alcohol or drugs;

(c) Appearing in any way to be unfit to drive;

(d) Stealing, theft or fraud;

(e) Discriminating or acting in an inappropriate way; or

(f) Engaging in threatening, abusive, offensive, violent or sexually inappropriate behaviour or any other similar conduct;

you should immediately report that person to the appropriate authorities and then to us by contacting our customer service team at support@hevo.app. Further information is available in our Complaint Handling Policy.

9. PAYMENT

9.1 Service Charges

The use of the Services will result in charges to you for the price of the Services. HEVO (or its Affiliates) will receive and/or enable your payment of the applicable charges for Services through your use of the Services. Charges may include other applicable fees, tolls and/or surcharges such as a booking fee, confirmation fee, municipal tolls, airport surcharges or processing fees for split payments.

9.2 Driver Charges

The driver will charge you, and you will be liable to pay the fare for Transportation Services provided to you, for each booking request that is accepted by the driver ("Service Fees").

9.3 Fee Calculation

The Service Fee for each trip will be the price quoted in the Rider App or calculated based on the applicable rates and charges made known to you in the Rider App at the time you make the booking request. The Service Fee may reasonably vary depending on various factors such as supply and demand, the distance or duration of the trip, if you alter the destination or request a driver to make a stop or other detour during the provision of Transportation Services, traffic conditions or if travel occurs on a tolled road. The Service Fee will also include any booking, service, general handling and/or administration fees payable which is also made known to you when making a booking request.

9.4 Payment Authorization

After you have received the Services HEVO (or its Affiliates) will enable payment and you agree to pay the Service Fee in accordance with these Terms. You authorize the collection of such amounts by charging the credit/debit card or other eligible payment methods provided as part of your registration, either directly by us or indirectly via a third-party online payment processor. Clause 17 of these Terms applies to any disputed Service Fees.

9.5 Payment Rights

You understand and agree that HEVO (or its Affiliates), on behalf of the driver who provides Services to you, reserves the right to:

(a) Obtain a pre-authorization via your eligible payment method for the Service Fee or any part of it;

(b) Charge and refund your eligible payment method a nominal amount, not to exceed five dollars ($5), to verify your payment method; and

(c) Facilitate payment for the reasonable cost of replacement, repair or cleaning using your eligible payment method if or to the extent that:

(i) Your driver suffers loss such as vehicle or property damage as a result of your breach of the Passenger Code of Conduct, or these Terms; or

(ii) Another passenger suffers loss or property damage as a result of your breach of any of the Passenger Code of Conduct or these Terms.

9.6 Payment Collection

We (or our Affiliates) act as the limited payment collection agent for drivers and except as provided under these Terms. Your payment for Services under these Terms is considered as payment made directly to the driver and you have no obligation or requirement to make any additional payment to a driver directly for Services.

10. GENERAL

10.1 Third-Party Fees

HEVO (and its Affiliates) cannot control any fees that may be charged by your bank, credit/debit card company or payment method related to our collection of Service Fees and we disclaim all liability for any and all such lawful collections in this regard.

10.2 Refunds

We will offer a refund in certain circumstances if we are required by law to offer you or provide you with a refund. In all other circumstances (unless required by Consumer Legislation), refunds will be offered in our sole discretion.

10.3 Credit Reporting

If you fail to meet your payment obligations under these Terms, HEVO (or its Affiliates) may disclose such credit information and credit related personal information to credit reporting bodies as permitted under the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code in Australia.

11. LIABILITY

11.1 Service Disclaimer

Subject to these Terms (particularly clause 11.9 about your rights under Consumer Legislation that cannot be limited), the services provided by HEVO (or its Affiliates) are provided "as is" and "as available". To the fullest extent permitted by applicable law, and without limitation to your rights or remedies under the Consumer Legislation, the Rider App and services provided by HEVO (or its Affiliates) are provided without warranty of any kind. Your access and use of the Rider App is at your own risk.

11.2 Third-Party Liability

By using the Rider App you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any other parties will be limited to a claim against those other parties who caused you harm. This includes any loss or damage to you, your property, or to anyone else that occurs in connection with your use of the Rider App and/or Services. Unless prevented by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from HEVO (or its Affiliates) with respect to such actions or omissions to the extent HEVO did not cause or contribute to the harm.

11.3 Independent Service Providers

You acknowledge and agree that HEVO (and its Affiliates) do not provide Services to Passengers. It is a technology-based company which operates technology applications and platforms, and provides the related support services, to enable independent providers of point-to-point transportation and related services to receive and fulfil requests for Services.

11.4 Direct Driver Relationship

You acknowledge and agree that, by making a request for Services, you enter into an agreement for the provision of those services directly with the driver. Each request that you make gives effect to a separate agreement between you and the relevant driver. Unless otherwise agreed between you and a driver.

11.5 Liability Limitation

Subject to clause 11.9 (which is about your rights under Consumer Legislation that cannot be limited), we and our Affiliates have no responsibility for any personal or financial losses (direct or indirect), costs, claims, damages, expenses or liabilities of whatever nature and however arising from these Terms, the use of the Rider App and our services, unless we are required to by law or they arise as a direct result of any default, fraud, or dishonesty on our part.

11.6 Account Suspension

You acknowledge that we have the right, in our sole discretion, to suspend or terminate your use of the Rider App for breach of these Terms or for any reason that we consider appropriate.

11.7 Exclusion of Consequential Damages

Neither us nor you is liable for any incidental, special, exemplary, punitive, indirect or consequential loss or damage arising out of these Terms, your use of our services or in relation to any Service booked through the Rider App including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of data, loss of goodwill, personal injury or property damage.

11.8 Indemnification

Subject to clause 11.7 and 10.9 and 10.14, and subject to your rights at law, you indemnify and will keep indemnified HEVO and its Affiliates against all reasonable loss or damage suffered or incurred by us from claims by third parties or Drivers arising from or in connection with your misuse of the Rider App or our services or in relation to any Service you book through the Rider App where such claims arose as a result of your acts or omissions in your reasonable control.

11.9 Consumer Guarantees

Subject to clause 11.10, nothing in these Terms excludes or limits rights you have under the Australian Consumer Law (the "Consumer Legislation"). If you are a consumer (as defined by the Consumer Legislation), certain goods and services provided to you under these Terms may come with certain consumer guarantees. If we fail to comply with those consumer guarantees, you may have rights against us which we are prohibited by law from excluding, restricting or modifying. Our liability for breach of any consumer guarantee applicable to our supply of goods or services, 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.

11.10 Business Use

The parties agree that if you are using the Rider App and Transportation Services for business purposes, your rights are subject to these Terms.

11.11 Aggregate Liability Cap

Subject to clauses 10.7, 10.9 and 10.14, except for our obligations to pay any amount to you under these Terms, our maximum aggregate liability for any loss or damage suffered or incurred by you arising from or in connection with these Terms, your use of the Rider App or in relation to the provision of Services to you will be limited to one thousand ($1,000) Australian dollars.

11.12 Additional Liability Exclusions

Without in any way limiting any other provision of these Terms, to the maximum extent permitted by applicable law, neither HEVO nor any of its Affiliates assume any liability or responsibility for (except to the extent HEVO cause or contribute to) any:

(a) Personal injury (including death) or property damage, of any nature whatsoever, in connection with the performance of the Services or the access to or use of Rider App;

(b) Interruption or cessation of transmission to or from the Rider App;

(c) Errors or omissions in any content or loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Rider App;

(d) Bugs, viruses, trojan horses or the like that may be transmitted to or through the Rider App by any third party; or

(e) Unauthorized access to or use of HEVO's or any Affiliates or service providers' secure servers and/or any and all personal information stored therein by any third party.

11.13 Duty to Mitigate

Each party has a duty to mitigate its losses under these Terms and no party will be responsible to the other to the extent that other party fails to mitigate its losses. The loss or damage a party may recover under these Terms is reduced to the extent that party caused or contributed to that loss or damage.

12. SYSTEM REQUIREMENTS

12.1 Technical Requirements

To use the Rider App you must have any relevant hardware and software, and an internet data connection with location services activated. We make no representation that the Rider App will operate on all mobile devices, uninterrupted or error-free.

12.2 Access Responsibility

You are responsible for making all arrangements necessary for you to have access to the Rider App, Services and our services. You are responsible for your activity that takes place on the Rider App in your name or through your internet connection.

12.3 App Updates

You may at times be required to download updates to or new versions of the Rider App when these are made available to continue using the Rider App.

13. INTELLECTUAL PROPERTY

HEVO and its Affiliates own all intellectual property rights in the Rider App and all content distributed by it alone or together with its Affiliates or partners, including, without limitation, software provided and related products or services, and such intellectual property rights are protected by law. The absence of a statement of ownership in the Rider App and certain content does not constitute a failure of HEVO or any of its Affiliates or partners to be entitled to such intellectual property rights or assert any intellectual property rights, and you must respect the legitimate rights and interests of the rights holder and lawfully use the Rider App and such content in accordance with these Terms, all laws, regulations and rules, and the principles of good faith.

14. LINKS TO OTHER WEBSITES

The Rider App may contain links to websites or web addresses of third parties and third-party services. Such websites and information will be provided for your information only. While HEVO takes appropriate care in publishing links to any third-party services, - they do not fall under our control and do not represent any endorsement by us. Subject to applicable law, we make no representation that any linked websites will be available for your access. To the fullest extent permitted by applicable law, HEVO gives no undertakings or warranties with respect to the accuracy, completeness, adequacy and reliability of any information, data, opinions, pictures, statements or suggestions provided by such links.

15. TERM

15.1 Agreement Duration

These Terms will commence on the date they are accepted by you (electronically or otherwise) and will continue until terminated by you or HEVO.

15.2 HEVO Termination Rights

Subject to applicable law, we may terminate these Terms at any time, in our sole discretion, for any reason whatsoever, including but not limited to a breach of any of these Terms. Termination will be effective immediately, at which time you will be prohibited from using the Rider App.

15.3 User Termination

You may terminate these Terms at any time by permanently deleting your user account and deleting the Rider App. If you terminate these Terms, you will not be able to use the Rider App or access Services.

15.4 Data Retention

If you terminate these Terms in accordance with clause 15.3, HEVO will retain your personal information and account data for record-keeping purposes in accordance with our Privacy Policy.

15.5 Accrued Rights

Termination of these Terms for any cause shall not release a party from any liability which at the time of termination has already accrued to such party or which thereafter may accrue in respect of any act or omission prior to such termination.

16. FORCE MAJEURE

In the case of a force majeure event, a party's obligations under these Terms may be temporarily suspended, without liability, until the effect of such force majeure event ceases; provided, however, that the affected party must use reasonable efforts to resolve such event. Force majeure means any unforeseeable or unavoidable (even if foreseeable) event beyond the control of the parties which prevents, affects or delays a party's performance of all or part of its obligations under these Terms. Such events include but are not limited to those caused by acts of God, war, changes in policies, pandemics, epidemics, computer viruses, hacker attacks or suspension of services provided by telecommunication agencies.

17. GENERAL TERMS

17.1 No Assignment

You may not assign any agreement with us or these Terms without our prior written consent.

17.2 Supplemental Terms

Supplemental terms may apply to certain Services. Such supplemental terms will be disclosed when Services to which they apply are offered. Supplemental terms are additional to these Terms.

17.3 Notices

We may give a notice under these Terms by posting a general notice on our website and/or the Rider App or by sending an email or text message to the email address or mobile phone number registered with your account.

17.4 Severability

If any term in these Terms is invalid or unenforceable they will be severed without affecting the enforceability of any other terms in any way.

17.5 No Waiver

Subject to these Terms, the failure or delay by a party to enforce any term of these Terms will not be deemed a waiver of such term.

17.6 Binding Effect

These Terms shall be binding on and shall inure to the benefit of the successors and permitted assigns and personal representatives (as the case may be) of each of the parties.

17.7 Non-Exclusive Remedies

Save for as set out, no remedy conferred by these Terms is intended to be exclusive of any other remedy that is otherwise available under any law.

17.8 Governing Law

These Terms are governed by the laws of Western Australia.

18. COMPLAINTS AND DISPUTES

18.1 Contact for Complaints

If you have any comments, feedback or a complaint regarding the Rider App, our services, the Services or a driver, please contact us by emailing our customer service team at support@hevo.app.

18.2 Dispute Timeframe

Except in relation to a complaint under the Consumer Legislation you or except as required by law, you understand and agree that any complaint or dispute in relation to a Service Fee and/or Fare must be filed within twenty-one (21) days of the transaction. You acknowledge and accept that any complaint or dispute filed outside this timeframe will not be considered by HEVO.

18.3 Dispute Resolution

If you have a concern regarding these Terms, please contact us and inform us of the basis of your concern. We will endeavour to resolve the dispute by negotiation with you. If we cannot settle the dispute then you agree that you will use your best endeavours to agree to an appropriate dispute resolution process with us. This does not limit rights under these Terms.

Last updated: March 10, 2025

SCHEDULE 1: PASSENGER CODE OF CONDUCT

Objective

Our Code of Conduct applies to Passengers who request Transportation Services.

Our Code of Conduct is built on the three pillars of safety, comfort and respect. We value your safety and the safety of our driver partners and have a no tolerance policy towards harassment, discrimination and inappropriate behaviour.

This Code of Conduct seeks to ensure that you are aware of your obligations as a passenger using Transportation Services and that all passengers have a safe, comfortable and respectful journey.

We reserve the right to deactivate your account where you fail to comply with this Code of Conduct and/or charge you a reasonable fee where applicable on behalf of your driver.

1. Safety

To ensure a safe journey:

(a) Buckle up – wear a seatbelt at all times;

(b) Never distract the driver – your driver needs to focus on the road so you must refrain from loud or erratic behaviour that is likely to be distracting;

(c) Do not travel with hazardous articles – the driver may refuse to transport articles they consider to be prohibited, hazardous, inappropriate or inconvenient including but not limited to any kind of weapon; and

(d) Obey the law – abide by the law at all times and do not encourage your driver to break the law. HEVO has no tolerance for violations of the law, such as possession of prohibited drugs, possessing open containers of alcohol, consuming alcohol or asking your driver to exceed the applicable speed limit.

2. Comfort

2.1 Passenger Responsibilities

To ensure that all passengers enjoy a comfortable journey:

(a) Take care with property – be sure not to damage a driver's property or the property of another passenger, such as by vandalising the car or vomiting;

(b) Do not smoke – smoking in the driver's vehicle is prohibited at all times;

(c) Do not photograph, record sound or video, or live stream when using the service unless:(i) It is permitted by law; and(ii) You obtain the express prior consent of the driver and all other passengers; and

(d) Do not make a mess and ensure you tidy up after yourself – avoid carrying open food and drink containers (which can spill and create an unpleasant journey for subsequent passengers) and be sure to take all rubbish with you when your journey has come to an end.

2.2 Damage Responsibility

If your driver suffers loss from vehicle or property damage as a result of your breach of any of the above paragraphs of the Terms, you will be responsible for that loss or property damage.

2.3 Third-Party Damage

If another passenger suffers loss or property damage as a result of your breach of any of the above paragraphs of the Terms, you will be responsible for that loss or property damage.

3. Respect

3.1 Mutual Respect Requirements

To ensure that you, fellow passengers and drivers enjoy a mutually respectful journey:

(a) Be on time for your ride – always try to be on time so your driver and other passengers are not left waiting;

(b) Be courteous – treat your driver and other passengers as you would like to be treated;

(c) Do not be inappropriate – avoid all inappropriate behaviour, such as abusive language or gestures, sexual innuendo and advances, and any disrespectful or aggressive comments or conduct;

(d) Contact driver appropriately – only contact drivers through the Rider App and only for matters relating to your journey, unless you receive your driver's express consent to do so;

(e) Avoid personal contact – for everyone's safety, do not communicate with other "HEVO Share" passengers or use or record any information about them; and

(f) Do not harass or discriminate against others – we have a zero tolerance policy for discriminatory language or conduct of any kind. Discrimination against drivers or other passengers includes but is not limited to discrimination on the basis of race, ethnicity, religion, gender, sexual orientation, disability, nationality and age.

3.2 Passenger Ratings

Drivers on the HEVO driver app have the option to rate passengers at the completion of each journey and may report any passenger behaviour that contravenes this Code of Conduct. We assess each driver report of passenger misconduct to determine the most appropriate response.

3.3 Account Deactivation

We reserve the right to deactivate your account and refuse to facilitate the provision of Services where you fail to comply with this Code of Conduct.

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