PUBLIC OFFER

This public offer is addressed to an indefinite circle of legally capable individuals and (or) legal entities (hereinafter referred to as the Customer) and is an official offer of Arilan Limited Liability Partnership (hereinafter referred to as the Contractor), represented by the Director Nazym Leonidovich Tulchinsky, acting on the basis of the Charter, to conclude an agreement for the provision of electric vehicle charging services (hereinafter referred to as the Agreement) in accordance with paragraph 1 of Article 387 of the Civil Code of the Republic of Kazakhstan on the terms specified in this offer. The Contractor has the right at any time at its own discretion to change the terms of the Agreement or revoke it. If the Contractor changes the terms of the Agreement, the changes shall come into force from the moment the changed terms of the offer are posted on the Website https://arilan.kz/en/public-offer.html and in the Arilan Energy mobile application, unless another period is specified by the Contractor upon such posting. The moment of complete and unconditional acceptance of the Contractor's offer to conclude the Agreement (i.e., acceptance of the offer), in accordance with paragraphs 1 and 3 of Article 396 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the CC of the Republic of Kazakhstan), is the fulfilment by the Customer of the conditions specified in section 2 of this Offer. This public offer contains all the essential terms for the provision of electric vehicle charging services at charging stations for electric vehicles.

Concepts and definitions used in this offer

"Electric Vehicle Charging Services Agreement" - an agreement concluded between the Contractor and the Customer at the moment of receiving the Acceptance from the Customer.

"Customer" - a citizen of the Republic of Kazakhstan, a foreign citizen, a stateless person, a Kazakhstan and foreign legal entity, an individual entrepreneur, their representative applying to the Contractor in order to receive services for charging the storage batteries of vehicles equipped with electric motors with electrical energy.

"Electric Charging Station" (ECS) - a charging station for electric vehicles, where charging services are provided to Customers. The list of ECS is specified in the Arilan Energy mobile application.

"Promo code" - a specific sequence of characters, subject to the activation of which and compliance with other conditions for using the Promo Code by the Customer.

"Charging session" - a period of time from the moment of successful authorization of the User and the beginning of the supply of electrical energy through the Connector of the Charging station until the moment of actual termination of the supply of electrical energy on any basis.

"Connector" - a specialized cable with a connector, which is an integral part of the Charging Station and intended for physical connection to the User's electric vehicle.

"Idle time (Port occupation)" - the presence of the Charging Station Connector in the connector of the User's electric vehicle after the completion of the Charging session beyond the grace period of time established by this Offer. The reference time for the calculation is the server time of the Contractor's hardware and software complex.

1. SUBJECT AND GENERAL PROVISIONS

1.1. The subject of this agreement is the provision by the Contractor to the Customer of a service for charging the storage batteries of a vehicle equipped with an electric motor (hereinafter referred to as the electric vehicle) with electrical energy.

1.2. In case of acceptance of the conditions set out in this agreement (acceptance), any individual with full legal capacity, as well as any authorized representative of a legal entity who has the right to conclude an agreement, having accepted the Offer, becomes a Customer, and the Service Agreement is considered concluded on the terms of this Agreement.

1.3. Acceptance is considered received from the moment of the actions specified in clauses 2.1.1-2.1.2 and indicates that the Customer understands the meaning of their actions, all the terms of the Agreement are clear to them. The Customer accepting this Offer accepts this Offer as a whole and without reservations.

2. ACCEPTANCE OF THE OFFER

2.1. In accordance with the terms of this Offer, Acceptance is considered to be the completion by the Customer of the following actions:

2.1.1. Registration of the Customer in the Arilan Energy application posted in the Google Play and AppStore electronic stores.

2.1.2. Connection of the electric vehicle to the ECS available in the Arilan Energy application and selected by the Customer, by connecting the cable to the connector in accordance with the instructions posted in the Arilan Energy mobile application.

3. PROVISION OF CHARGING SERVICES

3.1. The Contractor undertakes to provide the Customer with electric vehicle charging services at the ECS available in the Arilan Energy mobile application.

3.2. To receive the service, the Customer must:

3.2.1. install the Arilan Energy mobile application;

3.2.2. register in the Arilan Energy mobile Application;

3.2.3. select the ECS available in the Arilan Energy mobile application;

3.2.4. follow the instructions of the Arilan Energy mobile application for obtaining a charging service at the corresponding ECS.

3.3. The Contractor is not liable to the Customer if the refusal to receive the charging service is caused by the following reasons:

3.3.1. non-compliance by the Customer with the terms of this Offer;

3.3.2. the action of malicious computer programs and (or) software products during the operation of the Arilan Energy application;

3.3.3. interruption of communication channels and failure of the server infrastructure at the level of backbone communication channels, data exchange centers, computing centers, as well as regional and local communication lines;

3.3.4. at the time of receiving the service at the ECS, the software or equipment of the ECS itself is inoperative;

3.3.5. failures and difficulties in the functioning of the global Internet or its individual segments, disruption of the addressing systems (DNS), etc.;

3.3.6. unauthorized actions of third parties intended to cause any kind of damage to any of the Parties, carried out using electronic software and/or hardware or combinations thereof, including intentional actions to disrupt or overload communication channels, server infrastructure operability, unauthorized access to the management of software complexes and access to confidential information (hacks, DDOS attacks, distribution of malicious program code, disabling of hardware and software, etc.);

3.4. After each successful transaction of replenishing the balance of the Customer's account, the Arilan Energy service issues a fiscal receipt in electronic form, displayed in the ARILAN ENERGY mobile application. At the same time, the Customer understands and confirms that the receipt received by the Customer at the email address is broadcast by the Contractor on behalf of a third party acting as a payment system within the framework of the legislation of the Republic of Kazakhstan.

3.5. Information about the charging session is generated based on the readings of the ECS at which the charging services were provided. The information about the charging session indicates the date and time of receiving the service, the volume of the service provided, and the cost of the service provided. The Customer understands and agrees that after the end of the charging session at the ECS, due to the technical features of the ECS, the latch of the charging cable or the locking cover on the ECS is unlocked, as a result of which any third party can remove the electrical cable from the electric vehicle. The Customer must understand the approximate time of the end of charging in order to personally disconnect the cable from the car and (or) the ECS. The Contractor is not responsible for possible adverse consequences that have occurred due to the Customer's non-compliance with the provisions of this clause.

3.6. The moment of completion of the Charging session is the actual termination of the supply of electrical energy by the ECS to the battery of the User's electric vehicle, recorded by the Contractor's hardware and software complex, regardless of the reasons for such termination (including, but not limited to: reaching a 100% battery charge level, reaching the limit set by the User, forced termination of the session by the User through the Mobile application, triggering of the safety systems of the electric vehicle or station, as well as technical failures).

3.7. Upon completion of the Charging session, the Contractor sends the Customer an automatic notification (Push notification in the ARILAN ENERGY Mobile Application). At the same time, failure to receive or untimely reading of such a notification by the User (due to lack of access to the Internet, disabling notifications in the device settings, discharge of the mobile phone and other reasons on the part of the User) does not exempt the User from the obligations provided for in clause 3.6 of this Offer.

3.8. Upon completion of the Charging Session, the User is provided with a grace unbilled period of 15 (fifteen) minutes to disconnect the Connector from the electric vehicle, return the Connector to the Charging Station holder, and vacate the parking space.

4. TERMS OF PURCHASING THE SERVICE AND PAYMENT PROCEDURE

4.1. The list of ECS where the Customer can receive the electric vehicle charging service is specified in the ARILAN ENERGY mobile application.

4.2. Payments for the service are made at the price set in the manner specified in the ARILAN ENERGY mobile application. The Customer agrees that before accepting this Offer, the Customer is familiar with and agrees to the specified prices at the time of rendering the service.

4.3. The Contractor provides the Customer with ECS services only if the Customer has an amount sufficient for charging on the balance in the ARILAN ENERGY application account.

4.4. The Customer gives unconditional consent to the write-off of funds for the received service and the implementation of other payments under this Agreement from the ARILAN ENERGY account in a non-acceptance manner.

4.5. The Customer replenishes the balance in the ARILAN ENERGY application account by making a payment in electronic form using the Internet through the Contractor's partner bank in accordance with the Rules of International Payment Systems on the principles of observing the confidentiality and security of the payment, encryption and data transfer via closed communication channels. The input and processing of the Customer's bank card data is carried out on the secure payment page of the partner bank providing the payment service.

4.6. Payment by credit card is made through the ForteBank acquiring platform. The ARILAN ENERGY applications are connected to ForteBank JSC Internet acquiring. The Customer pays for the service with a Visa or Mastercard bank card. After selecting the field to replenish the balance, a secure window will open with the payment page of ForteBank JSC, where the Customer needs to enter their bank card details. The 3-D Secure protocol is used for additional authentication of the cardholder. If the Issuing Bank of the Customer's card supports this technology, the Customer is redirected to its server for additional identification. The online payment service is carried out in accordance with the rules of the International Payment Systems Visa and MasterCard on the principles of confidentiality and security of payment; for this purpose, the most relevant methods of verification, encryption and data transfer over closed communication channels are used. The input of bank card details is carried out in a secure window on the payment page of ForteBank JSC. In the fields on the payment page, it is required to enter the card number, the name of the cardholder, the card expiration date, and a three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All the necessary data is displayed on the surface of the bank card. CVV2 / CVC2 is a three-digit security code located on the back of the card. In the same window, the page of the Customer's card-issuing bank opens for entering the 3-D Secure code. If the Customer does not have a static 3-D Secure configured, it will be sent to the Customer's phone number via SMS. 3-D Secure is the most modern technology for ensuring the security of card payments on the Internet. It makes it possible to uniquely identify the authenticity of the cardholder performing the operation and to minimize the risk of fraudulent card operations.

4.7. If the Customer has not disconnected the ECS Connector from the electric vehicle within 15 (fifteen) minutes from the moment of completion of the Charging Session, the charging service is considered completed, and from the first minute of completion of the Charging Session, the provision of a paid service for providing the ECS infrastructure in standby mode (Idle time) automatically begins.

4.8. When exceeding the 15-minute grace period specified in clause 3.8. of this Offer, the grace period is cancelled, and the fee for Idle time is accrued for each minute the Connector is located in the Customer's electric vehicle, starting from the 1st (first) minute of the moment of completion of the Charging Session until the actual removal of the Connector from the connector of the electric vehicle.

4.9. The tariff for Idle time is 50 (fifty) tenge (including VAT) per 1 (one) minute. An incomplete minute of idle time is rounded up to a full minute.

4.9.1. By accepting the terms of this Offer (by making an acceptance), the Customer gives his unconditional and irrevocable consent to the write-off by the Contractor of funds from the linked balance in the ARILAN ENERGY mobile application in an unaccepted order on account of paying the cost of the Charging Session, as well as the fee for Idle time in accordance with the terms of this Offer.

4.9.2. In case of insufficiency of funds on the Customer's balance in the ARILAN ENERGY mobile application to write off the accrued amount for Idle time, the amount of debt is fixed in the Contractor's accounting system. The Contractor has the right to suspend the Customer's access to the functionality of the ARILAN ENERGY mobile application and the ECS until the formed debt is fully repaid, by displaying such debt in the form of a negative balance in the ARILAN ENERGY mobile application.

5. TERMS OF PURCHASING AND PROVIDING ADDITIONAL SERVICES

5.1. For the purposes of this Offer, Additional services mean services purchased by the Customer in addition to the main Service in the form of purchasing the "Arilan Alga" subscription (hereinafter referred to as the Subscription), which gives the Customer the right to receive other conditions for using the Service.

5.2. The Subscription is not an independent product and (or) service and is used exclusively in connection with the provision of the Service.

5.3. The Subscription grants the Customer the right to receive the Service at a reduced price valid during the validity period of the Subscription.

5.4. The specific price of the Service, the validity period of the Subscription and its cost are indicated in the ARILAN ENERGY mobile application when purchasing the Subscription.

5.5. The Subscription is of a personal nature and cannot be transferred to third parties.

5.6. The purchase of the Subscription is carried out at the expense of the funds on the User's Balance in the Personal Account.

5.7. To activate the Subscription, the User selects the appropriate option in the Personal Account, after which an amount equal to the cost of the Subscription is debited from the Balance.

5.8. The Subscription is activated automatically after funds are debited from the Balance.

5.9. In case of insufficient funds on the Balance, the Subscription is not activated. Other conditions for purchasing the Subscription are carried out according to section 4 of this Offer.

5.10. The purchased Subscription is valid during the paid period and terminates upon its expiration or when the kWh limit within the provided Services is exceeded.

5.11. The Contractor has the right to unilaterally change the terms for providing the Subscription, including its cost, the size of the provided benefits and other parameters, as well as to terminate the provision of the opportunity to purchase the Subscription.

6. LIABILITY OF THE PARTIES

6.1. The Contractor is not liable for interruptions in the provision of services in the event of technical errors/failures of the software or equipment.

6.2. If the actions of the Customer upon receiving the service entail the imposition of penalties on the Contractor or lead to losses for the Contractor, they shall be reimbursed by the Customer in accordance with the current legislation of the Republic of Kazakhstan.

6.3. It is recognized, unless the Customer proves otherwise, that an automobile fire and/or damage to the storage battery and/or any electronic or physical component of the automobile and/or its software upon receiving the service and any resulting damage and/or harm to the life and health of any person are caused by a factory defect of the automobile.

6.4. The Contractor shall not be liable for harm and/or damage caused to the property of the Customer and third parties, including liability for harm to life and health in the provision of the service.

6.5. Under no circumstances shall the Contractor be liable to the Customer for lost profits.

7. FINAL PROVISIONS

7.1. The Agreement comes into force from the moment the Customer accepts its terms and until the Parties fully fulfill their obligations under the Agreement.

7.2. The Customer, by concluding the Agreement for the provision of electric vehicle charging services, in accordance with the Law "On Personal Data and Their Protection", agrees to the processing, storage and other use of personal data contained in the documents, and other information transferred to the Contractor in order to ensure the execution of the concluded agreement.

7.3. The Contractor has the right to make changes to the text of this Offer at any time, post a new Offer, suspend the Offer, and revoke the Offer. Changes become effective after they are posted on the Website and in the ARILAN ENERGY mobile application. The Customer undertakes to independently track the introduction of changes/additions to the Offer.

7.4. The commission by the Customer of actions to receive a charging service after making any changes/additions to this Offer constitutes confirmation of the unconditional consent of the Customer with such changes/additions.

7.5. Disputes and disagreements related to the execution of this Offer shall be resolved by the Parties in a pre-trial (claim) procedure. If an agreement is not reached, disputes are referred to court in accordance with the current legislation of the Republic of Kazakhstan.

7.6. In the event of a discrepancy between the text of this Offer in German and Russian, the text of the Offer in Russian shall prevail over the text of the Offer in English.

8. DETAILS OF THE CONTRACTOR: