General Terms and Conditions for Users

General Terms and Conditions for Users of FREENOW Ireland Limited, 7-12 Baggot Court, Dublin 2, Ireland, with CRO registration no. 510447 (“FREENOW”).

SCOPE AND MAIN TERMS

These General Terms and Conditions (these “Terms and Conditions”) shall apply to your use of FREENOW’s mobile application and website (the “Users”, each a “User” (or “you”)). The term “App” when used in these Terms and Conditions means software provided by FREENOW that enables the User to use the services offered by FREENOW, and includes both FREENOW’s mobile application and website. Please read these Terms and Conditions carefully before agreeing to them.

FREENOW provides you with access to the App, through which you may obtain other services, including Transportation Services and Mobility Services (as defined and described in Clause 1 and Clause 2) (the “FREENOW Services”). For the avoidance of doubt, FREENOW does not directly provide Transportation Services, Mobility Services or any other transport services itself, via the App or otherwise, and the FREENOW Services do not encompass the provision of such services by FREENOW.

In order to use the FREENOW Services, you are required to accept these Terms and Conditions during your registration for an account on the App. When you first register, access or use the App, and thereafter each time you log in to use the App, you indicate your acceptance of these Terms and Conditions and you agree to be bound by them. If you do not wish to be bound by these Terms and Conditions, then you may not register an account on the App or use the FREENOW Services. If you do not wish to be bound by these Terms and Conditions, then indicate that you do not accept these Terms and Conditions and cease creating/delete your FREENOW account. You may access the App and use the FREENOW Services only in accordance with these Terms and Conditions.

These Terms and Conditions shall apply to you when you use the FREENOW Services in Ireland and shall apply in addition to any other terms and conditions agreed between FREENOW and you. Any individual agreements entered into with you, however, shall prevail over these Terms and Conditions and other otherwise applicable terms and conditions.

These Terms and Conditions also detail fees that may be charged by FREENOW for the carrying out of its FREENOW Services, including any Cancellation Fee (as defined in section 6 below) that may be levied in the event of the cancellation of any Trip (as defined below) where a Trip has been accepted by an SPSV Driver (as defined below). Note that FREENOW may further use websites and apps operated by third party cooperation partners (“Third Party Website Services”) that could lead to additional terms and conditions being applied.

These Terms and Conditions shall be available at all times on the App.

1. FREENOW’S SERVICES

1.1. FREENOW connects Users seeking transport to certain destinations with drivers licensed to drive licensed small public service vehicles (“SPSV Drivers”, each an “SPSV Driver”) which include taxis, hackneys or limousines (the “Transportation Services”, or “SPSV Ride”) through the App.

1.2. The FREENOW platform also gives the User the possibility to obtain and use further mobility services (“Mobility Services”) provided by third party partners (“Mobility Partners”, each a “Mobility Partner”), including (but not limited to) electric bicycles and related rental services (see section 2 below).

1.3. The FREENOW Services are provided to the Users via the App or via Third Party Website Services.

1.4. Each User must register with FREENOW on the App to gain access to FREENOW Services. To register, the User must provide the User's first and last name, email address (being the User’s “Username”), phone number and must create a secure password. Successful registration, including acceptance of these Terms and Conditions, is required to be able to use the FREENOW Services. During the registration process, the User will be able to identify and correct input errors before completion of the registration.

1.5. The User, via the App, shall have the ability to send a request for Transportation Services to potential SPSV Drivers and to communicate directly with the SPSV Driver who has accepted the request for Transportation Services. The actual Transportation Services are provided by the SPSV Driver (each such individual service being a “Trip”, together “Trips”) and the actual agreement regarding the Trip and the provision of the Transportation Services will be concluded between the User and the SPSV Driver (or the employer of the SPSV Driver where the SPSV Driver is employed by a multi-vehicle provider of small public service vehicle services) at the time the User’s request has been accepted by the SPSV Driver. FREENOW is neither responsible nor liable for the actual Transportation Services provided by the SPSV Driver, including but not limited to the availability of Transportation Services.

1.6. Any fees that may be charged by FREENOW for the FREENOW Services are set out either in section 6 of these Terms and Conditions or, alternatively, in FREENOW’s Passenger Fee Policy which can be found here and that may be made available on the App from time to time. FREENOW reserves the right to modify the Passenger Fee Policy at any time in which case it will give reasonable and appropriate notice to the User prior to any such changes taking effect.

1.7. The SPSV Driver will charge the User for Transportation Services provided by the SPSV Driver (including any additional fees or surcharges that may apply to Transportation Services under Irish law) (together the “SPSV Fare”). Furthermore, if the User uses Third Party Website Services, such third party may charge the User for such use (“Third Party Charges”). Such SPSV Fares and Third Party Charges, even when discharged by the User via the App in the manner set out in sections 5.3 to 5.23 below, represent a payment to the relevant SPSV Driver or third party, as applicable, that has been assigned by the SPSV Driver or third party to FREENOW as set out in sections 5.2 and 5.23 below. Such SPSV Fares or Third Party Charges are separate from the fees charged by FREENOW for the FREENOW Services, as further detailed in section 6 below.

1.8. When the User uses web-enabled mobile end-devices, such as smartphones and tablet PCs (“Mobile End-Devices”, each a “Mobile End-Device”) to use the FREENOW Services, FREENOW provides the User access to the App (subject to these Terms and Conditions), which the User may install on the Mobile End-Device.

1.9. The User is solely responsible for the internet access necessary to access the FREENOW Services, any expenses relating to the same, the technical requirements (including necessary updates), and the configuration and capability of the device (including Mobile End-Devices) for using the FREENOW Services and the App.

1.10. FREENOW is not responsible for the correctness or completeness of the data being transmitted by the FREENOW Services or for data reaching the User in a timely manner.

1.11. Business Trips:

1.11.1. Trips can also be booked and billed as business/commercial Trips

under the agreements concluded between FREENOW and participating business partners, which can authorise their personnel or other individuals to have a Trip billed as business/commercial Trip under the business’s account (“Business Trips”, each a “Business Trip”). Separate terms may apply as between FREENOW and participating business partners.

1.11.2. A Trip may also fall within a granted mobility budget agreed by the contractual business partner. Mobility budgets allow the User’s employer, being a business partner, to offer its personnel or other individuals a fixed budget with FREENOW for use as a personal transportation budget. In such circumstances, the business partner will authorise their personnel or other individuals to have their Trip billed under that individual’s authorised mobility budget under the business partner’s mobility budget account with FREENOW.

1.11.3. If the User books a Business Trip through the App, or decides to pay for a Trip as a Business Trip via a business account, data collected by FREENOW via the App will be sent for Trip handling and billing purposes to the business partner authorising the User for the Business Trip (“Billing Data”). If the Transportation Services and/or Mobility Service are booked as a Business Trip, billing-related information, including User first and last names, the User e-mail address, the time of the Trip, the start and end point of the Trip, and the fare incurred will be sent to the relevant FREENOW business partner authorising the User for the Business Trip. The amount of Billing Data sent will depend on the data required for the settlement of costs for the Business Trip with the business account holder. If the User books Transportation Services or Mobility Services as part of the business services, the User does so at their own risk. If the User undertakes Trips that are not covered by the business services, such Trips will be at their own account and all fees/fares payable will be discharged by way of the User’s own private payment method, which shall be provided by the User in advance of commencement of the use of the mobility budget by the User. Furthermore, if the User exceeds a mobility budget granted to the User (as described at section 1.12 above), payment will not be made by the business partner and will instead be effected through the User’s own private payment method. The User assumes full responsibility for any penalties or any fines or loss suffered by him or her as a result of use of FREENOW Services for Business Trips that is contrary to these Terms and Conditions or his or her agreement with the business partner.

1.11.4. FREENOW may use affiliated companies or external cooperation partners in order to process Billing Data.

1.12. In order to sign up for and use the FREENOW Services, the User must be at least 18 years of age. Notwithstanding other provisions of these Terms and Conditions, the User may allow their account to be used by a person under 18 years of age to avail of FREENOW Services, provided always that the User shall be fully responsible for any such person. In such cases, the User shall be fully liable for the use of any FREENOW Services via their account, including (without limitation) for all fees incurred and for compliance with section 12.

1.13. Trips booked via a business account are also subject to the fees described in Section 6 below and included in FREENOW’s Fee Policy.

2. Mobility Services

2.1. The terms and conditions applicable to the provision of Mobility Services are specified in the general terms and conditions of each Mobility Partner (“Mobility Partner Terms and Conditions”), which are made available to the User prior to booking a Mobility Service, together with the Mobility Partner’s privacy policy and the express and prior acceptance of the User is collected before the reservation.

2.2. When a User books and/or uses Mobility Services, FREENOW acts only as an intermediary between the User and the Mobility Partner and is not a party to the agreement for the provision of the Mobility Services, which is instead between the User and the Mobility Partner.

2.3. The fees and charges applicable for the use of the Mobility Services are detailed in the Mobility Partner Terms and Conditions, which shall include the pricing policies of the respective Mobility Partner, that will be made available to the User prior to booking (as described in section 2.1 above). FREENOW invoices the User and collects payment of the fees relating to the booking and/or use of the Mobility Services by the User in the name and on behalf of the Mobility Partner, in accordance with the Mobility Partner's fee policy.

2.4. The Mobility Partner assigns its claim against the User for payment of the fees for the Mobility Services to FREENOW. FREENOW therefore collects the payment of the price of the Mobility Service in its own name and for its own account. However, notwithstanding this the agreement relating to the booking and/or use of Mobility Services continues to exist between the Mobility Partner and the User.

2.5. Unless other payment methods are offered for the respective Mobility Service, the User must pay amounts due in respect of the booking/use of Mobility Services by way of the Pay by App service (as further detailed under section 6). The fee for other Mobility Partner services shall be paid by using the payment method selected by the User during the registration or booking process.

2.6. Depending on the nature of the Mobility Service, the Mobility Partner may require that certain additional information and/or documents (such as a license, proof of identity etc.) be provided in order to proceed with the reservation of any Mobility Services. The User must provide the requested information, ensure that it is complete and accurate, and update it in the event of any changes. FREENOW may offer a validation service in respect of such additional information and/or documents (meaning a validation that the User is entitled to use the Mobility Services), which may be carried out by FREENOW or by a third party designated by FREENOW for this purpose within the App. The User has discretion whether or not to use the validation service. Any successful validation will be recorded in the User’s FREENOW account, however FREENOW reserves the right to carry out a new/repeat validation at a later date. Similarly, any change in the conditions required to book and/or use any Mobility Services may result in the application of a new validation procedure for the documents and/or information required to be provided.

2.7. The User is responsible for complying with Mobility Partner Terms and any other legal/regulatory provisions in force and applicable to the relevant Mobility Services (e.g. the requirement to hold a valid licence to use such Mobility Services).

2.8. FREENOW offers no guarantees as to the availability of any Mobility Services.

2.9. FREENOW reserves the right not to forward any requests relating to Mobility Services from a User to the Mobility Partner if FREENOW has a legitimate reason to believe that the User will not behave in accordance with the applicable terms and conditions or if it appears that the User does not meet the minimum criteria required by the Mobility

Partner or by FREENOW for such a reservation of such Mobility Services.

2.10. Mobility Partners are solely responsible for the Mobility Services they offer via the App. The User acknowledges and accepts that some or portions of the FREENOW Services may be made available under other brands, by other FREENOW’s affiliates or

subsidiaries, or by Mobility Partners.

2.11. FREENOW shall not be liable to Users in respect of any claims arising out of or in

connection with Mobility Services provided and facilitated through the FREENOW Services.

3. Location data

3.1. The App may determine the User's location when the User is seeking to avail of the FREENOW Services (“Location Services”). The settings in relation to FREENOW’s use of location data can be selected in the privacy settings of the App, the Third Party Website Services, and/or the Mobile End-Device. For further details in relation to FREENOW's use of location data and other personal data, please see FREENOW’s Privacy Notice available in the App or at the FREENOW website currently available at www.free-now.com (the “Privacy Notice”).

3.2. If: (i) the User has activated the Location Services; and (ii) the User has made a request for Transportation Services via the App, FREENOW shall convey the User's request, together with the current location of the User, to the SPSV Drivers near the User. This is to allow SPSV Drivers to decide whether or not to accept the request for

Transportation Services by the User (more details may be found in the Privacy Notice).

3.3. If: (i) the User has activated the Location Services; (ii) the User has made a request for Transportation Services via the App; and (iii) the SPSV Driver has accepted the request for Transportation Services, FREENOW conveys the User's location, together with the User's Username and telephone number, to the SPSV Driver in order to allow the SPSV Driver to provide the Transportation Services to the User (more details may be found

in the Privacy Notice).

3.4. The FREENOW Services, or any element of them, may be dependent upon access to

information regarding the location of the User. Whilst the User is free to prevent access by FREENOW to his or her location by de-activating Location Services, if the User does not activate Location Services FREENOW may be unable to provide the FREENOW Services.

4. Modifications, Suspension & Availability

4.1. FREENOW reserves the right to modify the FREENOW Services at any time for any reason, including, without limitation, for the purposes of development and/or quality improvement. Furthermore, FREENOW reserves the right to discontinue or suspend the FREENOW Services at any time, permanently or temporarily, without notice. Information on any permanent or temporary suspension shall be provided via the FREENOW website currently available at www.free-now.com, the App or through other means.

4.2. The User shall have no right to the continuous and uninterrupted availability of the FREENOW Services. The FREENOW Services are provided on an ‘as is’ and ‘as available’ basis.

5. Payment for Transportation Services, Pay by App, conditions for use of vouchers through Pay by App

5.1. The User acknowledges that use of the FREENOW Services may result in SPSV Fares becoming due from the User to the SPSV Driver; from the User to a third party in respect of Third Party Charges and/or Mobility Services; or from the User to FREENOW in respect of the Technology Fee (as defined in section 6 below) and/or the Cancellation Fee (as defined in section 6 below).

5.2. Unless stated otherwise in relation to the Transportation Services booked via the App, and save in the circumstances provided for at section 5.4 below, the User may pay the SPSV Driver the SPSV Fare in cash or through other means of payment offered by the SPSV Driver after completion of the SPSV trip. Where the User may, and chooses to, pay an SPSV Fare by cash, FREENOW may automatically effect payment of any fee due from the User as a result of FREENOW Services (including those detailed at section 6 below) through another private payment method registered by the User in accordance with section 5.3 to 5.23 below.

5.3. FREENOW may offer Users the option (or, in the case of section 5.4 below, require Users) to pay SPSV Fares and any other fee due from the User, whether to FREENOW or to the SPSV Driver, cash-free via the App using any of the payment methods offered (such as credit card), up to a limit determined by FREENOW from time to time (payment by cashless means through the App is referred to in these Terms and Conditions as “Pay by App”, and a Trip paid for through the App is referred to as “Pay by App Trip”). FREENOW shall in its absolute and sole discretion determine the maximum amount of any Pay by App Trip. These maximum amounts are made available on the FREENOW website, otherwise in the App or by any other appropriate means. Whenever the User chooses or is required to pay SPSV Fares through Pay by App, the SPSV Driver will have assigned their payment claim against the User to FREENOW under a contract between FREENOW and the respective SPSV Driver, and such contract will provide for private arrangements between FREENOW and each SPSV Driver with respect to the remittance of amounts due from FREENOW to SPSV Drivers under the terms of that contract. Once the payment from the User has been received by FREENOW, the claim of the SPSV Driver for payment in respect of the Transportation Services provided (and assigned to FREENOW by the SPSV Driver) shall have been settled. In accordance with both these Terms and Conditions and the terms of the contract between FREENOW and each SPSV Driver, FREENOW is not a payment services provider on behalf of either the User or the SPSV Driver, and it collects the SPSV Fare from the User in its own name and for its own account.

5.4. FREENOW may, from time to time and at its sole discretion, determine that, notwithstanding section 5.2 above, during certain specified times (including, without limitation, times of peak demand for Trips) the User shall be required to pay the SPSV Fare and any other fees due from the User, whether to FREENOW or to the SPSV Driver (including, without limitation, the Technology Fee and any Cancellation Fee), using Pay by App and that the use of cash to pay the SPSV Fare to the SPSV Driver during those certain specified times shall not be accepted (such periods being “Cash-Free Periods”). Any decision to implement such Cash-Free Periods shall be made on the basis of FREENOW’s business needs (including the need to maximise the number of SPSV drivers available during times of peak demand) and to ensure greater availability of SPSV Drivers and more rapid response times, to the benefit of Users. In the event of any decision to introduce Cash-Free Periods, FREENOW shall notify all Users not less than four (4) weeks in advance of the commencement of the application of such Cash-Free Periods, such notification to include the specific hours and/or days during which such Cash-Free Periods shall operate. Users shall also be notified in advance of submitting any request for Transportation Services during a Cash-Free Period (“Cash-Free Transportation Services”) of the non-acceptance of cash as a payment method for such Cash-Free Transportation Services.

5.5. If a Pay by App Trip creates a negative value in the User’s account and payment cannot be effected through the payment method chosen by the User, or the payment cannot be effected through that chosen payment method for any other reason, payment will be automatically effected by FREENOW through another private payment method registered by the User for the purposes of Pay by App. By accepting these Terms and Conditions, the User unconditionally accepts and agrees to FREENOW effecting payment through other private payment methods in the circumstances described in this section 5.5. The other provisions of this section 5 shall continue to apply to any payment effected by another private payment method by FREENOW pursuant to this section 5.5, to the extent applicable.

5.6. To use Pay by App, the User must provide details of at least one valid payment method in the App. This may include, for example, the User’s credit card details.

5.7. When adding an electronic payment method for Pay by App, the User may be requested to set up an additional security feature (such as a PIN or password) for payment handling and authorisations for Pay by App Trips. Furthermore, the User acknowledges and agrees that:

5.7.1. during registration of a payment method (e.g. credit card), when ordering a ride or when paying via the App, the User may be required to complete an additional identity authentication process;

5.7.2. this authentication may be processed via different methods (e.g. one-time passcode, password, biometric authentication) and may depend on a respective User’s agreement with their bank, payment service provider and/or credit card issuer;

5.7.3. FREENOW reserves the right to require such authentication from the User’s bank or payment service provider for additional security;

5.7.4. during this authentication process, FREENOW reserves the right to share additional payment relevant information about the User with the relevant payment service provider which will be transferred to the User’s bank or payment service provider.

5.8. Notwithstanding the above, FREENOW reserves the right to process a payment request at any time after any fee becomes due and payable to FREENOW in accordance with these Terms and Conditions without requiring any additional authentication as described above from the User.

5.9. The User should note that the terms of section 5.7 are provided for the User’s information in relation to the processing of payments. As a result: (i) FREENOW shall have no responsibility or liability to the User for the application, non-application, delay or failure of any such processes in any given case; and (ii) the terms of section 5.7 shall not affect the User’s obligations to FREENOW under these Terms and Conditions.

5.10. Subject to restrictions that may apply for some bookings for Transportation Services and to sections 5.4 and 5.5 above, the User is free to select from the payment methods provided for Pay by App. The User can modify, tailor or remove these cashless payment methods in the App. If the User removes all cashless payment methods from the App, subject to section 5.4 above and section 6 below, they can continue to pay for Transportation Services and/or Mobility Services in cash or by any other permitted payment method, unless Pay by App is mandatory for the particular service booked. The User confirms at all times that the data provided for payment via Pay by App are complete, valid and kept up to date.

5.11. FREENOW reserves the right to, from time to time, make a pre-authorisation transaction of €.01c against the payment card details for validation purposes. FREENOW will inform the User fourteen (14) days prior to undertaking this validation process. Any pre-authorisation will temporarily reduce the available balance for the respective payment method by the pre-authorisation amount and may appear as a temporary hold on the relevant payment card. Once the validation is complete, the authorisation amount will be released. This may take the User’s bank or payment service provider a number of days to process. The pre-authorisation amount for validation purposes as described above will not ultimately be charged to the relevant payment method.

5.12. If the User chooses to pay SPSV Fares, fees in respect of Mobility Services and/or any other fees due using PayPal, the User shall pay the amount specified by them during the payment process. The User acknowledges that PayPal may charge the User separately for the use of PayPal’s service. In order to use PayPal’s payment service for FREENOW, the User must set up a PayPal account with PayPal and confirm at the time of payment that the PayPal payment is intended for use as part of the FREENOW Services.

5.13. Where the User: (i) adds a new payment method for Pay by App; (ii) selects or is required, in accordance with section 5.4 above, to use Pay by App when booking Transportation Services and/or Mobility Services via the App or on a ‘Pay with FREENOW’ Trip (being a journey not booked, but paid for, via the App); and/or (iii) selects Pay by App at the point of payment, FREENOW reserves the right to make a pre-authorisation transaction for validation purposes using the payment method saved. This pre-authorisation transaction shall be effected regardless of whether the request was successful, or the request/Trip is cancelled. Any pre-authorisation will temporarily reduce the available balance for the respective payment method by the pre-authorisation amount and may appear as a temporary hold on the relevant payment card. Once the validation is complete, the authorisation amount will be released. This may take the User’s bank or payment service provider a number of days to process. The pre-authorisation amount for validation purposes as described above will not ultimately be charged to the relevant payment method.

5.14. Furthermore, FREENOW may require a pre-authorisation on the User’s default or selected payment method that reflects the estimated or, as the case may be, the fixed SPSV Fare or any other fees, such as for Mobility Services (including any other fees payable by the User such as the Technology Fee and any preselected tip for a Trip). This amount will not be debited at the time of booking from the default or selected payment method but is reserved for payment of the actual amounts due. FREENOW may confirm details of this pre-authorisation by email (to the User’s registered email address) or through the App, once the User completes the booking. If payment is received in full, the reserved amount will be released by FREENOW. This may take the User’s bank or payment service provider a number of days to process.

5.15. By using the Pay by App feature, the User consents to FREENOW’s pre-authorisation procedures as referred to in sections 5.13 and 5.14 above.

5.16. If the User chooses to pay for Trips through Pay by App, they shall pay the total amount in respect of each of the Transportation Services and/or Mobility Services, other applicable fees (including any the Technology Fee and any Cancellation Fee) and any tip in an amount freely set by the User, if any. The App provides the option of pre-establishing the amount of the tip, which the User voluntarily pays to the SPSV Driver. The User authorises FREENOW to deduct the due amount from the credit card or other available means of payment selected by the User for that Pay by App Trip. In case of a Pay by App Trip, the User waives the entitlement to a paper receipt and agrees that the receipt for the Trip will be sent to the email address associated with the User’s account.

5.17. Business Trips and Trips made by the User pursuant to a mobility budget granted to the User by a business partner will each be paid for by that business partner, save as provided at section 1.11.3 above.

5.18. FREENOW explicitly reserves the right not to offer certain payment methods in individual cases or in general (whether pursuant to Clause 5.4 or generally) at FREENOW's sole discretion.

5.19. FREENOW explicitly reserves the right to block the User’s account or the additional Pay by App functions of the User permanently or temporarily, or to ask the User to provide a new password, PIN or other personal identification feature, if there are reasonable grounds for doing so, including (without limitation) if it is suspected that the User's account or personal identification features have been used fraudulently or without authorisation. In such instances, FREENOW shall inform the User that their user account or access to additional Pay by App functions have been blocked and the reasons for doing so, if legally permissible, and if possible before the account and/or function is blocked, but at the latest promptly after the account and/or function is blocked.

5.20. FREENOW assumes no liability for charges arising in respect of cashless payments, including credit card charges and PayPal payments.

5.21. If the User chooses or is required to use Pay by App, they must ensure that the bank account to be debited has sufficient funds to discharge all amounts payable by him or her. If the bank account FREENOW attempts to debit does not have sufficient funds, the User shall pay any charges or costs (such as chargeback costs) incurred as a consequence of the insufficient funds in the bank account and FREENOW’s rights under section 5.5 above with respect to alternative private payment methods may be exercised by it.

5.22. If the User defaults on any payment due under these Terms and Conditions, FREENOW will be entitled to charge default interest at the rate of 5 percentage points above the EURIBOR rate p.a., plus a service fee of up to a maximum of EUR15 to cover administration and other costs actually and reasonably incurred by FREENOW as a result of the default. If FREENOW can show that it has incurred greater costs as a result of the default in making payment, FREENOW reserves the right to recoup such greater costs.

5.23. If the User breaches section 12.2 of these Terms and Conditions (the obligation to take due care in safeguarding and protecting their Username, password or other personal identification features from unauthorised third-party access and/or to immediately report to FREENOW any unauthorised use of the FREENOW Services, including an unauthorised use of Pay by App), and if FREENOW incurs costs due to the User's breach, FREENOW reserves the right to recoup any losses or other costs incurred by it. However, where the User has requested FREENOW to block the User account for actual or suspected unauthorised use and FREENOW has blocked the User account following such request, FREENOW shall be responsible for the damages incurred from the use of the blocked User account.

5.24. Unless other, specific promotional terms apply to a specific campaign (and save in relation to the Subscription Service as provided for in section 7), the following conditions for use of vouchers (each a “Promotional Code”) shall apply:

5.24.1. The registered User can only redeem a Promotional Code if they select Pay by App as payment method.

5.24.2. The Promotional Code will be valid for a single Trip and may be used only once per User (represented by any of an account, telephone number or email address) during the promotion period specified in the Promotional Code. Once the Promotional Code is used in the App, the Promotional Code and any remaining value will expire. Promotional Codes that are not redeemed during the promotion period will expire without compensation. The Promotional Codes or the balance thereof cannot be exchanged for cash. In the event that it was not possible to use a Promotional Code due to a technical error, no money will be paid out by FREENOW by way of compensation or otherwise.

5.24.3. If the Promotional Code is applied to a first payment made by a User via Pay by App, it can only be used once per User and the first time the User pays for a service using Pay by App. If on the first Trip, the User has not used the promotion, he or she will not be able to take advantage of such Promotional Code for first payment via Pay by App for any other Trip.

5.24.4. It is essential that before payment, the Promotional Code has been entered correctly and that the User ensures that said Promotional Code is accepted by the App. The Promotional Code shall not cover any fees that FREENOW may charge from time to time (including without limitation any Cancellation Fee or the Technology Fee).

5.24.5. A Promotional Code can only be redeemed for Trips provided by SPSVs registered for Pay by App or for Mobility Services and only in participating cities where Pay by App is available. On FREENOW’s website, a list of the cities where such functions are available can be obtained. FREENOW may in its absolute discretion further limit the cities or parts of cities in which Promotional Codes are valid.

5.24.6. Promotional Codes cannot be combined with other offers, subsidies, coupons or discounts. Promotional Codes have no cash value, are non-transferable and can only be used once. The loss of the Promotional Code will not give any right to substitution or compensation. Promotional Codes may not be sold, resold or exchanged for cash.

5.24.7. In the event of unauthorised use of Promotional Codes, FREENOW may block the User's account. Likewise, in case of fraud, attempted fraud or suspicion of other illegal activities relating to the Promotional Code or exchange thereof, FREENOW may block/delete the corresponding User account. FREENOW will have the right to ask the User for compensation to cover any value or service that has been gained fraudulently by the User or via the User’s account.

6. Technology Fee and Cancellation Fee

6.1. Upon completion of a Trip, FREENOW shall charge a separate technology fee which will vary depending on the Transportation Services chosen by the User (the “Technology Fee”) and which can be found in the Passenger Fee Policy. The Technology Fee is due and payable by the User to FREENOW in addition to and concurrent with the discharge of the SPSV Fare (and, if applicable, any Third Party Charges). The value of the Technology Fee, for a specific order, will be influenced by a number of factors which may include which transportation method is ordered by the passenger, the time for which a passenger orders a ride, market conditions at the time of placing the order and/or other factors. The Technology Fee is levied by FREENOW in return for the successful use of the FREENOW Services and is separate from the SPSV Fare (and, if applicable, any Third Party Charges). The Technology Fee shall be separately represented on the receipt emailed to the User following the completion of a Trip; notwithstanding this, a single charge, representing the total of the SPSV Fare, the Technology Fee and any other applicable charges (including any Third Party Charges) shall be debited from the User’s default payment method provided to FREENOW for the purposes of Pay by App.

6.2. FREENOW’s entitlement to charge the Technology Fee shall be unaffected by: (i) the use by the User of any Promotional Code in respect of the relevant Trip; (ii) the payment by the User for the Trip in cash or any other payment method as may be available from time to time; (iii) the failure of any payment method selected by the User as described in section 5.5 above; or (iv) any other action taken or statement made by the SPSV Driver completing the relevant Trip. Entitlement to the Technology Fee lies with FREENOW only; the obligation on the User to discharge the Technology Fee is owed to FREENOW alone and the agreement in respect of the same as set out in section 6.1 to 6.3 exists between FREENOW and the User only.

6.3. The Technology Fee shall be charged by FREENOW to the payment methods added for Pay by App in accordance with section 5 above. Where the User chose to pay by cash for the completed Trip, FREENOW shall automatically effect payment of the Technology Fee through another private payment method registered by the User. Where no payment method has been provided via Pay by App by the User, FREENOW may suspend the User from using the FREENOW app until full payment of the Technology Fee is effected in line with this section 6. FREENOW reserves the right to require the User to register an eligible Pay by App payment method to collect any outstanding payments of the Technology Fee, and may restrict access of the platform/service until these fees are discharged in full. By accepting these Terms and Conditions, the User unconditionally accepts and agrees to FREENOW effecting payment of Technology Fee in the manner described in this section 6.3. The Technology Fee shall not be collected by SPSV Driver on FREENOW’s behalf; for the avoidance of doubt, SPSV Driver shall have no entitlement to charge Users the Technology Fee or any similar fee, or to receive any proceeds from the Technology Fee.

6.4. If the User decides to cancel an SPSV Ride after it has been accepted by an SPSV Driver, or if a an SPSV Ride is cancelled by the SPSV Driver due to the User not being at the location where the SPSV Ride was ordered by the User, a fee may be charged by FREENOW to the User (the “Cancellation Fee”). For more information on FREENOW's Cancellation Fee, including current rates, please see FREENOW’s Fee Policy provided at .

6.5. Any Cancellation Fee incurred may be charged by FREENOW via the payment methods added for Pay by App in accordance with section 5 above. Where the User chose to pay by cash for a cancelled SPSV Ride, FREENOW may automatically effect payment of the Cancellation Fee through another private payment method registered by the User. Where no payment method has been provided via Pay by App by the User, but the User has incurred a Cancellation Fee, FREENOW may suspend the User from using the App until full payment of the Cancellation Fee is effected in line with the Fee Policy. FREENOW reserves the right to require the User to register an eligible Pay by App payment method to collect any outstanding payments of a Cancellation Fee and may restrict the User from accessing the FREENOW Services until these fees are discharged in full. By accepting these Terms and Conditions, the User unconditionally accepts and agrees to FREENOW to effect payment of any Cancellation Fee in the manner described in this section 6.5.

6.6. If the User wishes to dispute the charging of a Cancellation Fee, full details must be sent by e-mail to the address stated at the end of these Terms and Conditions, or as otherwise set out in the relevant section of the App (including the FREENOW website), or by post to FREENOW (at the address first listed above) no later than thirty (30) days after the Cancellation Fee was charged.

6.7. The provisions of section 5.5 to 5.22 above shall apply equally to the charging by FREENOW, and the discharge by the User, of the Technology Fee and of any applicable Cancellation Fee.

6.8. FREENOW reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the FREENOW Services at any time in FREENOW’s sole discretion (including the Technology Fee and/or the Cancellation Fee). All changes regarding charges will be reflected in these Terms and Conditions (and/or any fee schedule made available by FREENOW from time to time) and shall only apply upon the revised version of these Terms and Conditions and/or fee schedule coming into effect.

7. Subscription Service

7.1. FREENOW may make available for purchase time-limited credit codes (“Subscription

Service Codes”), which can be used to pay for Pay by App Trips booked through the App (each a “Subscription Service”). Details of the available options offered for the Subscription Service, the exact price for the Subscription Service, the number and redeemable value of Subscription Service Codes, any applicable limitations (e.g. limitations on the number of Trips the Subscription Service Codes can be used for), as well as the time for which the Subscription Service Codes are valid, will be made available on the FREENOW website or in the App and may be updated from time to time in line with these Terms and Conditions. For clarification, once the User has purchased a Subscription Service code, its value and expiry date are fixed and may not be subject to change.

7.2. Subscription Service Codes shall be time limited and shall have set expiry dates. Each Trip for which an applicable Subscription Service Codes is used has to start within the time limit. While FREENOW endeavours to keep Users notified of expiry dates of Subscription Service Codes, it shall always be the sole responsibility of Users to ensure they keep track of all expiry dates.

7.3. All Subscription Service Codes can only be redeemed in SPSVs registered for Pay by App, for Mobility Services and only in cities in Ireland, where the FREENOW Services and Pay by App is available.

7.4. If the price for a single Pay by App Trip exceeds the value of the applicable Subscription Service Codes, the User must pay the difference via the methods provided for in section 5 of these Terms and Conditions.

7.5. If not stated otherwise in the applicable Subscription Service offer, each applicable Subscription Service Code will be valid for a single Trip and may be used only once during the specified time limit for which the Subscription Service has been purchased. Any amounts not used within the specified time limit for which the Subscription Service has been purchased is not carried over and shall not be accepted after its expiry. Each applicable Subscription Service Code cannot be combined with other offers, promotions (including Promotional Codes), bonuses or discounts. Each Subscription Service Code has no cash value, is not transferable and cannot be sold or resold.

7.6. To purchase a Subscription Service Code the User must pay the full price for the Subscription Service Code. The Subscription is ordered through a separate website operated by FREENOW (which will be communicated to the User) (a “Subscription Service Website”) or via the App. The Subscription Service takes effect upon payment by the User. All purchases must be completed a minimum of two 2 days before the Subscription Service term commences.

7.7. At the time of purchase of a Subscription Service, the User may be given the option to automatically renew the Subscription Service. When the User chooses the automatic renewal option, subject to termination of the renewal option as set out below, each time the specified duration of the purchased Subscription Service elapses, the User will be charged to purchase the same Subscription Service and the time period shall be extended accordingly. The automatic renewal Subscription Service can only be terminated through the Subscription Service Website, via our Contact Form here or via the App. Notice of termination must be provided at least 3 days prior to expiry of the then current period and will take effect at the end of that period.

7.8. After the payment for the Subscription Service is completed, the User will be provided with the terms of the Subscription Service via e-mail to the e-mail address specified by the User in the App. The User will be able to see details of current Subscription Services, including expiry times, within the App.

7.9. Use of a Subscription Service does not change the legal nature of the FREENOW Services as set out at sections 1 and 2 of these Terms and Conditions.

7.10. FREENOW reserves the right to apply the Technology Fee and/or the Cancellation Fee (as outlined in section 6) to Trips paid for using the Subscription Service.

8. Match Terms

8.1. This section 8 sets out the rules of matching and pooling of SPSV Rides for Users in designated areas in Ireland via the App or, as the case may be, via a separate website operated by FREENOW (collectively the “Match-Service”). The User is made aware that the Match-Service may not be available in relation to every type of Transportation Service. In the event of a conflict between these Terms and Conditions generally and this section 8 with respect to the Match-Service, the terms of this section 8 shall take precedence.

8.2. The Match-Service offers the User the possibility to find another User to join together for a SPSV Ride booked via the App and share the associated costs. The Match-Service provided by FREENOW consists exclusively of matching and connecting Users interested in pooling an SPSV Ride (“Match-Partners”, each a “Match-Partner”) arranged via the App on the basis of a similar starting address (“Pick-Up Address”) and final address (“Destination Address”). The Match-Partners are only allowed to communicate directly with a SPSV Driver registered with FREENOW who has accepted a request under the Match-Service. If suitable Match-Partners who ordered a joint SPSV ride (as further detailed below) are identified and allocated to the SPSV Driver who accepted the respective request under the Match-Service, each User's name and telephone number will be sent to the SPSV Driver. For clarity, and as stated in section 1, the actual Transportation Services are provided by the SPSV Driver and the agreement for the provision of Transportation Services as part of the Match-Service is be concluded between Match-Partners and the SPSV Driver. FREENOW is neither responsible nor liable for the actual Transportation Services provided by the SPSV Driver, including but not limited to the availability of the SPSV ordered via the Match-Service (as further detailed in sections 8.18 and 8.19). FREENOW cannot guarantee the availability of a Match-Partner for the User when using the Match-Service. While FREENOW will have conducted the usual checks carried out in the course of its registration process, FREENOW can never guarantee the identity of Match-Partners nor fulfil any specific requests made by a Match-Partner (e.g. requests made in relation to a Pick-Up Address or Destination Address).

8.3. The Match-Service brings two Match-Partners together for a joint SPSV Ride (“Match-Ride”). During the Match-Ride, the Match-Partners are brought to a maximum of two Destination Addresses. The Match-Ride is considered as starting from the first Pick-Up Address and ending at the last Destination Address. The number of permitted Match-Partners for a Match-Ride may be limited.

8.4. When using the Match-Service, all Match-Partners must conduct themselves in an appropriate manner and shall at all times respect and have due regard for their fellow Match-Partners. FREENOW shall be entitled to block or suspend a User's ability to use some or all of the Match-Service in the event of a breach of this term. In the event that a Match-Partner experiences any inappropriate or offensive behaviour on the part of another Match-Partner or an SPSV Driver, such Match-Partner should contact FREENOW by using the means of contact provided at the end of these Terms and Conditions or in the App.

8.5. Users wishing to use the Match-Service must complete the following booking process:

8.5.1. The User intending to use the Match-Service will choose the match-option via the FREENOW App, enter the Pick-Up Address (which may be limited by FREENOW to only a central hub or area), the Destination Address and the number of proposed Match-Partners

(jointly the “Match Parameters”).

8.5.2. The Match Parameters of a potential Match-Partner will then be

matched by FREENOW with the Match Parameters entered by the

other Match-Partner.

8.5.3. The Match Parameters (in particular the Pick-Up Address, Destination

Address, Match-Partner’s name and, where the Match Partner has provided one, the profile picture) will be made available to the SPSV Driver in order to facilitate the Match-Service (as further described in section 8.15). Where a match is made, Match-Partners will be informed of the successful match and will have the option to view details of the other Match-Partner (including details as to first name, Pick-Up Address, profile picture where the other Match-Partner has provided one, and Destination Address if it affects the route of the other Match-Partners as an intermediate stop). These data shall not be visible to the other Match-Partner within the App after the Match-Ride. The Match-Service cannot function without these limited disclosures. For further information on the sharing of personal data by FREENOW, see the Privacy Notice.

8.5.4. If both potential Match-Partners accept the Match-Ride via the App (including these Terms and Conditions), the Match-Ride is then booked.

8.6. The first Pick-Up Address and the first Destination Address will be determined by the FREENOW Match-Service based on the respective addresses submitted by the Match-Partners to determine the most efficient Match-Ride, however SPSV Drivers retain the ability to make their own determination as to route and delivery (e.g. to adapt to traffic conditions such as traffic jams, road works, road closures or detours).

8.7. The Match-Partners are entitled to terminate the Match-Ride before arriving at the chosen Destination Address, including (without limitation) where a Match-Partner determines that the sharing of a ride with another Match-Partner is not satisfactory (including as a result of a breach of section 8.4 above). FREENOW recommends Match-Partners to report such events to FREENOW by using the means of contact provided at the end of these Terms and Conditions or in the App. Notwithstanding the foregoing, it is prohibited to discriminate against a Match-Partner on the basis of race, religion, origin, nationality, age, disability, medical condition, colour, gender, political or other view or on the basis of belonging to a national minority. In the event that a Match-Partner cancels the booked Match-Ride twice within a thirty (30) day period without what appears to FREENOW to be reasonable cause, FREENOW shall be entitled to notify such Match-Partner that they may face a permanent suspension from the use of the Match-Service and effect such a suspension (in addition to the potential imposition of any incurred Cancellation Fee as outlined in section 6).

8.8. The Match-Partners shall share the SPSV Fare applicable to the Match-Ride in proportion to the distance each travelled with regard to their portion of the Match-Ride. Additionally, before booking the Match-Ride, each Match-Partner shall be informed via the App of their individual estimated cost of the Match-Ride. The total cost of the Match-Ride may vary from the estimated cost due to the factors that were unforeseeable at the time of booking the Match-Ride (e.g. the current traffic conditions such traffic jams, road works, road closures and detours).

8.9. The cost of the Match-Ride payable by each Match-Partner will not exceed the total cost for a single ride of an equivalent distance during an equivalent period on the same day and obtained via the FREENOW Services.

8.10. Match-Partners may be charged a fee in respect of the provision of the Match-Service by FREENOW, which shall be due only upon successful pooling of the Match-Ride with another Match-Partner via the FREENOW Services (the “Match Fee”). The applicable amount of the Match Fee is available through the FREENOW App in form of a pricelist. The applicable Match Fee (if any) will be notified to the Match-Partners via the App or via e-mail on each occasion that Match-Service option is chosen. The Match Fee may be subject to a promotion that results in no Match Fee being applied during the promotion period. However, any promotion may be suspended during such promotion period without notice at FREENOW's sole and absolute discretion. If a Match Fee applies at the time of using the Match-Service, then each of the Match-Partners will be charged the Match Fee separately, and each Match-Partner will be charged the Match Fee together with his or her proportion of the SPSV Fare due in respect of the Match-Ride on the completion of the Match-Ride.

8.11. All payments under the Match-Service shall be made via Pay by App (as further detailed in section 5).

8.12. In cases where, after starting the ride within the Match-Service, another Match-Partner does not appear at the indicated Pick-Up Address, or cancels their Match-Ride prior to joining, the Match-Partner who has already started the journey shall have the right:

8.12.1. to continue the journey on these Terms and Conditions for single rides; or

8.12.2. to finish the Match-Ride after payment of the costs incurred until the time when the Match-Ride was cancelled.

8.13. To use the Match-Service, a User must provide FREENOW with personal data necessary for the Match-Ride (including their name, phone number, Pick-Up Address and Destination Address) and may, at the User’s discretion, also provide a profile photo. In order to provide the Match-Service, the first name, Pick-Up Address (shown in the App by a map pin) and Destination Address (only where it affects the route of another User as an intermediate stop) and if provided by the Match-Partner, the profile photo, are made available to other Match-Partners. Where the Destination Address is made available to a Match-Partner it will be shown by way of a map pin in in the App and, where possible, will refer to the street or locality rather than specific street or building number. Save as provided in this section 8.13 and in section 8.6.3 above, the App does not allow Users to process or otherwise access personal data regarding other Users. To the extent necessary to provide the Match-Service and as further detailed in section 8.19, the Match Parameters (including the Pick-Up Address, Destination Address, Match-Partners names, FREENOW profiles and photos) will also be made available to the SPSV Driver. Further detail as to the collection and processing of personal data by FREENOW as part of the Match-Service is available in the Privacy Notice.

8.14. Liability for the information made available or otherwise transmitted by a User through the Match-Service lies solely with the User as per section 10. FREENOW is not responsible for the correctness or completeness of any data made available or otherwise transmitted by the Match-Service.

8.15. As per section 13, any User-generated content or third-party content in relation to the Match-Service must not be harmful, unlawful, harassing, threatening, defamatory, libellous, abusive, violent, obscene, hateful, racially or ethnically offensive, or otherwise objectionable in accordance with any FREENOW content policies which may be in place from time to time.

8.16. FREENOW reserves the right to modify the Match-Service at any time for the purposes of advancement and quality improvement.

8.17. FREENOW shall be entitled to discontinue or suspend provision of the Match-Service at any time permanently or temporarily without informing the Users. Information on any permanent or temporary suspension shall be provided via the App or other through other means.

8.18. Without prejudice to section 10, FREENOW shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

8.18.1. the unavailability of a Match-Partner;

8.18.2. the unavailability of the Match-Service;

8.18.3. the actions or inactions of any Match-Partner (including the

cancellation of any Trip by a Match-Partner); or

8.18.4. any failure to provide any services or to meet any of its obligations under these match terms where such failure is due to events beyond FREENOW's control (for example a network failure) or failure of a third-party service provider (e.g. a payment services provider).

8.19. In accordance with section 10, and without prejudice to section 8.18 above, FREENOW shall further not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

8.19.1. any incidents caused by a Match-Partner as the Match-Service are limited to matching the potential Match-Partners on the basis of the Match Parameters but not selecting or checking the Match-Partners. A check and verification of Match-Partners is not carried out by FREENOW nor does it form part of the Match-Service;

8.19.2. any information provided by SPSV Drivers, Users or Match-Partners; or

8.19.3. any damages (property losses as well as personal injury) caused during, as a result of or in connection with the use of the

Match-Service.

8.20. Nothing in sections 8.18 and 8.19 above shall limit or exclude FREENOW's liability for

death or personal injury resulting from its negligence, fraud or fraudulent

misrepresentation, or any other liability that cannot be excluded or limited by law.

8.21. The User shall use the Match-Service in compliance with applicable laws and regulations, shall not impair, overload or damage the Match-Service or bypass or

modify the security precautions of the Match-Service.

8.22. The User shall immediately report any unauthorised use of the Match-Service or the

violation of the match terms by either the SPSV Driver or a Match-Partner to FREENOW by using the means of contact provided at the end of the Terms or in the FREENOW App.

8.23. FREENOW reserves the right to apply the Technology Fee and/or the Cancellation Fee (each as outlined in section 6) to Trips completed using the Match-Service.

9. Term and Termination

9.1. These Terms and Conditions, as amended from time to time in accordance with section 14.3 below, shall apply as between the User and FREENOW commencing on the date these Terms and Conditions are first accepted by the User (such as upon registration on the App) and at all times during the User’s use of the FREENOW Services.

9.2. Both parties have the right to terminate the contractual arrangements under these Terms and Conditions (including the use of the App, the FREENOW Services and any associated services (such as Pay by App)) at any time by giving notice in writing (including via email) or by the User deleting his or her account with FREENOW via the App).

10. Liability

10.1. Subject to sections 10.2 and 10.3 and to all other sections of these Terms and Conditions limiting FREENOW’s liability to the User, FREENOW's maximum aggregate liability under or in connection with these Terms and Conditions (including in relation to the User’s use of the FREENOW Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to €1,200.

10.2. FREENOW shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for: (i) any economic losses (including loss of revenues, profits, contracts, data, business or anticipated savings); (ii) any loss of goodwill or reputation; (iii) any special or indirect or consequential losses; (iv) losses and/or damage not caused by its breach; (v) the actions or inactions of any Users; (vi) the actions or inactions of other drivers; or (vii) failure to provide any services or to meet any of its obligations under these Terms and Conditions where such failure is due to events beyond FREENOW's control (for example a network failure) or failure of a third party service provider (e.g. a payment services provider).

10.3. Nothing in these Terms and Conditions shall limit or exclude FREENOW's liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

10.4. The User shall be obliged to take adequate measures to mitigate damages, in particular regularly backing up their data stored on the Mobile End-Device to reduce the potential damages in case of data loss.

10.5. For the avoidance of doubt, as the FREENOW Services do not include the actual Transportation Services and/or Mobility Services, the User must bring any claims relating to the SPSV Transportation Services and/or Mobility Services against the respective SPSV Driver and/or Mobility Partner and the User agrees that FREENOW shall have no liability in respect of the SPSV Transportation Services and/or Mobility Services.

11. Intellectual Property

11.1. FREENOW and its respective licensors reserve any copyright and other intellectual property rights in the FREENOW Services and in the App, including the software used in or as part of the App. Subject to these Terms and Conditions, FREENOW grants the User a limited right to install the App on the Mobile End-Device of the User and to use the App for the sole purposes of using the FREENOW Services as permitted by these Terms and Conditions. In particular, the User is not permitted to translate, adapt, arrange, re-arrange or otherwise modify, to make copies of, to distribute, to rent out, to borrow, to lend, to sublicense, to publicly display, to make available to the public or to publicly perform the App, or copies thereof. Furthermore, the User shall not reverse engineer, decompile or disassemble the App unless permitted by applicable law.

11.2. FREENOW and its respective licensors reserve any and all copyright and other intellectual property rights with regard to the content of the App, in particular texts, illustrations, graphics, layouts, pictures, audio and video as well as their selection and arrangement, and any other information on the FREENOW website and FREENOW app (collectively “FREENOW Content”). FREENOW Content may not be translated, adapted, arranged, re-arranged or otherwise modified, copied, distributed, rented, borrowed, lent, sublicensed, publicly displayed, made available to the public, or to publicly performed or used in any other way without FREENOW's prior written consent. The User is only permitted to make technically necessary copies of the FREENOW Content for the purpose of browsing (access to the FREENOW website and FREENOW app and display of the FREENOW Content). Any rights to marks used on the App (trademarks, trade names and titles) are reserved by their respective owners.

12. General Obligations of the User

12.1. The User shall use the FREENOW Services in compliance with applicable laws and regulations, shall not impair, overload or damage the FREENOW Services and shall not jeopardise or bypass the intended purpose of the FREENOW Services. The User shall neither personally nor through third parties bypass or modify the security precautions of the FREENOW Services.

12.2. The User shall keep their Username and password, and all other personal identification features, safe and not disclose them to third parties or provide third parties with access to the User-restricted areas of the FREENOW Services. The User is solely responsible for the confidentiality and security of their User account with the FREENOW Services. The User must immediately report any unauthorised use of the FREENOW Services, particularly including any unauthorised use of Pay by App of which the User is aware, becomes aware of, or which the User suspects, by contacting FREENOW using the contact details provided at the end of these Terms and Conditions or in the App.

12.3. Personal data of third parties transmitted or disclosed to the User (in particular, personal data of SPSV Drivers) may be used by the User only for purposes of obtaining Transportation Services or Mobility Services via the FREENOW Services. Any other use of such personal data, including disclosing the personal data to third parties, is not permitted without FREENOW's prior written consent or unless required by applicable law.

12.4. The User undertakes to provide true, complete and accurate personal data as part of his or her use of the FREENOW Services. The User also undertakes to keep the data up to date.

12.5. Any User permitted by a business partner of FREENOW to pay for Trips as Business Trips via the business partner’s account is obligated to report the nature of a Trip taken by the User (private or business) truthfully to FREENOW’s business partner in order to ensure that it is a valid Business Trip that allows for the costs being discharged by that business partner (including as part of any mobility budget granted by that business partner to that User). FREENOW is neither obligated nor technically in a position to determine whether the User's Trip is for business or private purposes.

13. Responsibility for Content

13.1. The responsibility of User-generated content and non-User generated third party content published and transmitted by the User through the FREENOW Services lies solely with the publishing User or third party, as applicable.

13.2. Any User-generated content must not be harmful, unlawful, harassing, threatening, defamatory, libellous, abusive, violent, obscene, hateful, racially or ethnically offensive, or otherwise objectionable in accordance with any FREENOW content policies which may be in place from time to time.

13.3. FREENOW has the right, but not the obligation, to remove any User-generated content or third-party content that violates section 13.2. However, for the avoidance of doubt FREENOW does not, and is not required to, undertake any review of User-generated content or third-party content on the App or otherwise transmitted as part of the FREENOW Services. Any reliance on third party generated content, such as reviews, is solely at the User's own risk and the User agrees that FREENOW shall have no liability in respect of the accuracy, truthfulness or veracity of any such third-party content. FREENOW assumes no responsibility for any third-party content published on or transferred via the FREENOW Services and will not be liable to the User for any loss or damage that may arise in relation to any reliance on such third party content.

14. Final Provisions

14.1. In the event any part of these Terms and Conditions is invalid, unenforceable or these Terms and Conditions contain a gap, the validity of the remaining provisions of these Terms and Conditions shall be unaffected.

14.2. The contractual relationship between the User and FREENOW, including the construction of these Terms and Conditions, shall be governed by Irish law. The Irish courts shall have exclusive jurisdiction to hear any determine any and all disputes arising out of or in connection with these Terms and Conditions.

14.3. In all cases, Users’ statutory rights under applicable Irish or European consumer protection law (“Consumer Law”) shall be unaffected by any provision of these terms and conditions. If and to the extent that any provision of these Terms and Conditions conflicts with Consumer Law, such provision shall be deemed to be amended accordingly.

14.4. FREENOW may make changes to these Terms and Conditions for any purpose, including (without limitation) to reflect changes in law or best practice or to deal with additional features introduced to the App. FREENOW will publish any amendments on the App (including on the FREENOW website), giving reasonable and appropriate notice to the User prior to any such changes taking effect. If FREENOW amends these Terms and Conditions for any reason, upon notice to Users in accordance with this section 14.4 any User may then contact FREENOW to terminate this agreement (including by way of deleting his or her User account on the App) before the changes take effect.

14.5. Users may not assign or transfer these Terms and Conditions or their User account without FREENOW's prior written consent. Any attempt by the User to assign or transfer these Terms and Conditions or User account without such consent shall be void. FREENOW may assign or transfer these Terms and Conditions, at its sole discretion, without restriction; any such assignment shall constitute a change to these Terms and Conditions and shall therefore be made in accordance with section 14.4 above. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

14.6. Any notices or other communications required under these Terms and Conditions, including those regarding any amendment to these Terms and Conditions, will be in writing and given: (i) by FREENOW via e-mail (in each case to the address that the User provides) or (ii) by in-app message or other electronic notification involving a normal method of communication used between FREENOW and the User. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

14.7. The failure of FREENOW to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of FREENOW. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.

Valid as of: 27th April 2023

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