PASSENGER SOFTWARE USE AND LICENCE AGREEMENT

INTRODUCTION

This Software Use and Licence Agreement ("Agreement") governs access and use of the Hevo rider app and platform ("Hevo App") by rider account holders. The Hevo App is provided by Evio Tech Pty Ltd ACN 654 310 693 ("Hevo") and enables passengers to request point-to-point transportation and related services ("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, "rider account holder," "user," "you," "your," and "yours" refer to the person using the Hevo App, and "we," "us," and "our" refer to Hevo.

If you do not agree with this Agreement, you must not access or use the Hevo App.

1. GENERAL PROVISIONS

1.1 Application of Terms: These terms and conditions apply to all users of the Hevo App. We may update this Agreement from time to time, with amendments taking effect automatically when published on our website and/or the Hevo App.

1.2 Stay Updated: We encourage you to regularly check our website and the Hevo App for updates to this Agreement. If you do not agree to any amendments, you must stop using the Hevo App.

1.3 Related Agreements: The Passenger Agreement and other terms and conditions between you and Hevo can be accessed within the Hevo App.

2. OWNERSHIP AND INTELLECTUAL PROPERTY

2.1 Intellectual Property Rights: Hevo and its related entities own all intellectual property rights in the Hevo App, associated software, and distributed content. These rights are protected by applicable laws.

2.2 Limited License Grant: 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 your personal use in accordance with this Agreement.

2.3 No Additional Rights: You acknowledge that other than the express license granted in this Agreement, you obtain no other rights, implied or otherwise, in respect of the Hevo App.

2.4 Retention of Rights: 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.

3. PROHIBITED ACTIVITIES

You undertake not to:

3.1 Use the Hevo App for any unlawful or fraudulent purpose, including falsely misrepresenting yourself or impersonating others.

3.2 Copy or modify the Hevo App, any part of it, or our trademarks or intellectual property.

3.3 Extract or attempt to extract the source code of the Hevo App.

3.4 Translate or attempt to translate the Hevo App into other languages or make derivative versions.

3.5 Use information available through the Hevo App that could compromise the enjoyment or security of any third party.

3.6 Provide inaccurate, defamatory, or offensive feedback.

3.7 Stalk or harass any individual through the Hevo App.

3.8 Use automated scripts to collect information from or otherwise interact with the Hevo App.

3.9 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.

3.10 Allow any other person to use your account or enable any third party to engage in prohibited activities.

3.11 Use any content of the Hevo App outside the scope of this Agreement without Hevo's written consent.

4. LIMITATION OF LIABILITY

4.1 "As Is" Basis: The Hevo App is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Hevo gives no warranties regarding the availability, performance, or reliability of the Hevo App.

4.2 Use at Your Own Risk: If you choose to use the Hevo App, you do so at your sole risk.

4.3 Your Responsibilities:

• You are responsible for making all arrangements necessary to access the Hevo App
• You are responsible for all activities that occur on the Hevo App in your name or through your internet connection
• You are liable for any costs charged by your mobile data or internet service provider related to your use of the Hevo App

4.4 Termination Rights: 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 we consider appropriate.

4.5 Limitations on Liability: Hevo strives to use the best possible technology for optimal user experience. However, except as provided in this Agreement or supplementary terms, Hevo is not liable for:

• Errors or non-performance arising from your use of the Hevo App
• Errors in performance due to data connection failures
• Hevo App malfunctions
• Harm caused by computer viruses, worms, or other technological interference
• Hevo App unavailability
• Inaccuracy, incompleteness, or unreliability of information and content
• Download or access difficulties
• Communication or system failures
• Non-performance arising from force majeure events

4.6 Service Interruptions: If the Hevo App is unavailable, Hevo will use reasonable efforts to notify you and resolve the issue as soon as possible.

4.7 Financial Loss: We shall have no responsibility for personal or financial losses resulting from the use of the Hevo App unless required by law or arising directly from our willful default, fraud, or dishonesty.

4.8 Consumer Rights: If you are a consumer, you may have rights under consumer protection laws (Consumer Legislation) that cannot be excluded. For goods or services not ordinarily acquired for personal, domestic, or household use, our liability for breach of consumer guarantees is limited (to the extent permitted by law) to:

• Supply of equivalent goods or services; or
• Payment of the cost of acquiring equivalent goods or services

4.9 Liability Cap: To the extent permitted by law, our maximum aggregate liability for any loss or damage arising from your use of the Hevo App or the provision of Services is limited to AUD $1,000 (or equivalent in your jurisdiction).

5. SUSPENSION OR CANCELLATION

5.1 Hevo's Rights: We may, in our discretion and without liability to you, with or without cause or prior notice, decide to limit, suspend, deactivate, or cancel your license either temporarily or permanently if:

• We cease operations in your jurisdiction
• We determine you have breached this Agreement or other applicable terms
• For any other reason we deem appropriate

5.2 Notice: We will endeavor to provide a reason if we suspend or deactivate your account.

6. GOVERNING LAW AND DISPUTE RESOLUTION

6.1 Governing Law: By accessing the Hevo App, you agree that such access and services shall be governed by the laws of Western Australia.

6.2 Severability: If any terms in this Agreement are invalid or unenforceable, they can be severed without affecting the enforceability of other terms.

6.3 Dispute Resolution: If you have a dispute regarding this Agreement:

• First contact us to explain your dispute
• We will attempt to resolve the matter through negotiation
• If we cannot settle the dispute, you agree to work with us to find an appropriate resolution process
• This does not limit our rights under this Agreement
• We reserve the right to seek injunctive or other equitable relief

Last update: March 10, 2025

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