USER AGREEMENT

1- PARTIES

This User Agreement ("Agreement") has been entered into by and between MYZ BİLGİSAYAR OTOMOTİV İNŞAAT PETROL SANAYİ VE TİCARET LİMİTED ŞİRKETİ ("MYZCO ŞARJ"), which is located at the address of Levent Mah. No: 19 34330 Beşiktaş, Istanbul, and the User (‘USER’). This Agreement governs the terms of use of MYZCO ŞARJ Electric Vehicle Charging Station Network MYZCO ŞARJ Stations and MYZCO ŞARJ mobile application ("Mobile Application").

MYZCO ŞARJ and the User shall hereinafter be collectively referred to as “PARTIES” and individually as a “PARTY”.

2- SUBJECT AND SCOPE

MYZCO ŞARJ is an electric vehicle charging network operator authorized to provide electric vehicle charging services performed at MYZCO ŞARJ Stations. This Agreement sets out the terms and conditions for electric vehicle charging services and other connected services (‘Services’) offered through the Mobile Application and the rules for using the Mobile Application. This Agreement must be read carefully by the USER who visits and/or uses the Mobile Application in any mannerbefore starting to use the Mobile Application.

3- OBLIGATIONS OF THE USER

3.1 An account (‘Account’) must first be created by the USER through the Application in order to benefit from the Services offered under this Agreement. Identity and contact details (‘Personal Information’) required for the authentication of the USER shall be requested by MYZCO ŞARJ for the use of the Services following account creation. The USER agrees that it will not be possible to use the Services without performing this authentication. The USER declares and undertakes that all information provided in this context is accurate, complete and up-to-date. If MYZCO ŞARJ determines in any way that the USER has registered with the system by filling in the USER's identity information incorrectly, the USER's access to the Services may be blocked and/or the Account may be closed.

3.2 The USER undertakes to add credit card or any other valid payment method accepted by MYZCO ŞARJ in the Application when creating an Account. The USER agrees that he/she will not be able to access the Services if he/she adds a payment instrument that is not accepted under the Application or has expired or if he/she wants to use an expired payment method.

3.3 The USER declares that he/she is obliged to perform the charging operations on MYZCO ŞARJ Stations in accordance with the instructions set forth in the Mobile Application or on the Website and that he/she is aware that otherwise he/she may cause damages to MYZCO ŞARJ.

3.4 The USER shall be obliged to perform the charging process in the areas determined at the location where the Services are received and in accordance with the special rules determined for the relevant areas.

3.5 If the USER believes that the invoices sent by MYZCO ŞARJ are incorrectly issued, he/she may contact MYZCO ŞARJ Customer Services to obtain information about the fees or transactions included in the invoices.

3.6 In case of changes in Personal Information, the USER shall be obliged to update the relevant information via the Mobile Application as soon as possible after the change. In case the information is not updated on time, all responsibility therefor shall rest with the USER.

3.7 The USER agrees that he/she will be solely responsible for providing the data network access necessary to use the Services. The USER acknowledges and agrees that his/her mobile network̆ data will be used if he/she accesses or uses the Services from a device with wireless internet access. The USER agrees that he/she is responsible for installing the current version of the Mobile Application required for the use of the Services. MYZCO ŞARJ does not guarantee that the Services or any part of the Services will work with any particular software and/or device and does not warrant uninterrupted access to the Mobile Application. The USER acknowledges that malfunctions and/or delays may occur in the Services due to the use of internet and electronic communication and agrees to this condition in advance.

3.8 The USER is a single user and shall be solely responsible for all terms and conditions set forth herein. The USER undertakes that when he/she activates the charging unit (‘Charging Unit’) belonging to MYZCO ŞARJ, he/she will only use this Charging Unit himself/herself. The USER undertakes not to make a Charging Unit activated by him/her available to third parties under any circumstances whatsoever. MYZCO ŞARJ may immediately suspend the relevant Account if such a situation is suspected. The USER shall be jointly and severally liable together with the relevant third party for the Charging Unit made available by the USER to third parties and for all other damages arising therefrom.

3.9 The USER agrees that the Charging Unit may not be available 7/24, 7 days a week or 365 days a year, depending on the circumstances at the time. The total number of Charging Units is limited and the availability of the Charging Unit is never guaranteed by MYZCO ŞARJ.

3.10 In the event that the USER fraudulently uses MYZCO ŞARJ systems to benefit himself/herself and this situation is discovered by MYZCO ŞARJ in any manner, MYZCO ŞARJ shall be entitled to close the Account or limit the USER's access to the Services without any prior notice obligation.

3.11 The USER undertakes to use the Services only for legal purposes. In case of suspicion, MYZCO ŞARJ shall be entitled to close the Account and/or refrain from continuing to provide the Services to the USER without any obligation to notify the USER.

3.12 The USER must not disassemble, damage, inscribe or alter, repair or destroy MYZCO ŞARJ Stations, any part of MYZCO ŞARJ Stations or any equipment of MYZCO ŞARJ. The labels on MYZCO ŞARJ Stations must not be scratched, peeled, altered or removed. The USER's use of the Services shall not entitle the USER to use the trade name, brands, logos, product and service names of MYZCO ŞARJ for advertising, promotion or reference purposes without the prior written consent of MYZCO ŞARJ.

3.13 The following are strictly prohibited and in the event of a contrary action or transaction by the USER, the USER shall be liable for all damages incurred by MYZCO ŞARJ therefor:

Removing or destroying any copyright, trade mark or other proprietary notice from any part of the Services, and so on; l Reproducing, modifying, preparing derivative products, distributing, licensing, leasing, selling, reselling, transferring, making public, making available to the public, releasing and publishing activities related to the Services, or any other misuse of the Services, and so on, except as expressly provided otherwise by MYZCO ŞARJ;
III. Decompiling, reverse engineering or disassembling the Services beyond the extent permitted by applicable legislation, and so on;
IV. Matching, twinning or framing any part of the Services, and so on;
V. Launching or using any program or code for the purpose of digging, indexing, searching or otherwise data mining, or any program or code that excessively burdens or interferes with the operation or function of the Services, and so on;
VI. Any attempt to gain unauthorized access to or disrupt the Services, related systems or networks, and so on.

3.14 The parties agree that the MYZCO ŞARJ Stations and any MYZCO ŞARJ equipment located therein shall, at all times, be the exclusive property of MYZCO ŞARJ. MYZCO ŞARJ Stations cannot be seized, retained or subjected to lien due to the debts of the USER or third parties.

4- COMPENSATION AND LIABILITY OF THE USER

4.1 All kinds of civil, criminal and financial liability that may arise from the use in violation of this article shall rest with the USER. MYZCO ŞARJ may temporarily or permanently prevent the User from benefiting from the Mobile Application and/or its use may be cancelled by MYZCO ŞARJ due to the User's failure to comply with the obligations specified in this Agreement or the guidance specified in the MYZCO ŞARJ Mobile Application.

4.2 The User shall indemnify MYZCO ŞARJ in full for any damages that MYZCO ŞARJ may incur due to the User's actions in violation of the obligations he/she has undertaken with this Agreement, and MYZCO ŞARJ shall have the right of recourse to the User in full for any compensation and/or administrative/judicial fines that MYZCO ŞARJ may have to pay to public institutions and/or third parties due to the User's actions in violation of the agreement.

4.3 In case of default by the USER, the USER agrees to pay the loss and damage incurred by MYZCO CHARGE due to the delayed performance of the obligation.

4.4 The USER shall be obliged to immediately compensate MYZCO ŞARJ, the owner of the place where the Charging Station is located or third parties in cash for all damages caused before, during or after use.

4.5 The USER agrees that he/she will not press the emergency button except in case of emergency, and otherwise he/she shall be obliged to immediately compensate MYZCO ŞARJ in cash for all damages arising from the failure of the Services to be provided to other users and for other reasons.

5- SERVICE FEE COLLECTION POLICY AND PAYMENT

5.1 If the USER's payment method is accepted by MYZCO ŞARJ, the amount corresponding to the use shall be collected from the USER's payment instrument following the completion of the charging process ("Service Fee"). If the USER's payment instrument is not accepted or the price cannot be collected through the relevant payment instrument for any reason, the USER shall not be able to benefit from the Services offered by MYZCO ŞARJ until the USER pays the relevant debt.

5.2 The USER shall be able to view the current Service Fee and details via the Mobile Application. MYZCO ŞARJ shall determine its policy of collecting the Service Fee in accordance with the provisions of the applicable legislation. MYZCO ŞARJ may make changes in the Service Fee from time to time without prior notice.

5.3 MYZCO ŞARJ shall issue an invoice to the name of the USER regarding the Service Fee. Such invoices must be sent to the USER's e-mail address.

5.4 MYZCO ŞARJ may, at its sole discretion, include an Electric Vehicle Charging Unit reservation service in the Services. If the reservation service is included in the scope of the Services, the relevant tariff to be applied shall be made available to the USER via the Mobile Application. If the reservation will be cancelled by the USER, the cancellation process must be completed in accordance with the period specified in the ‘Pricing Policy’ section in the ‘My Profile’ tab. Otherwise, the USER shall be obliged to pay MYZCO ŞARJ the reservation fee determined in the tariff. In the event that the USER benefits from other services offered or to be offered in the future by MYZCO ŞARJ, the prices described on the Mobile Application shall be reflected in the invoices.

5.5 After the USER completes the charging process, he/she shall immediately terminate the connection between the Charging Unit and his/her vehicle in accordance with the instructions in the Mobile Application and shall immediately vacate the relevant parking area. In the event that the USER does not terminate the charging connection and continues to occupy the parking area allocated for charging even after a period of 15 minutes as of the completion of the charging process, the USER shall be charged an occupation fee in the amount specified in the Mobile Application in addition to the Service Fee.

5.6 The USER shall be obliged to pay all charges related to charging operations immediately. If the payment cannot be received from the USER's payment instrument for any reason, access to the Services may be blocked until the amount owed is paid. In this case, the User cannot claim any rights or compensation for not being able to benefit from the Services.

5.7 In the event that the USER gives the USER's Personal Information or information about the payment instrument to another person in whole or in part, the USER shall be obliged to pay the price of the transactions carried out by that person.

6- SPECIAL PROVISIONS REGARDING THE USE OF MOBILE APPLICATIONS

6.1 MYZCO ŞARJ shall be entitled to make unilateral amendments to this Agreement without any notice in order to ensure the continuity of the services it undertakes to provide. MYZCO ŞARJ shall be entitled to terminate the service unilaterally, permanently or temporarily, change the content of the service or cancel the same at any time without citing any grounds. The user agrees to this provision in advance. MYZCO ŞARJ shall post the updated current terms of use on its website with the new date update under the same link. Updated Terms of Use shall be effective as soon as they are posted on MYZCO ŞARJ and the usage of MYZCO ŞARJ website and its services shall be subject to the updated Terms of Use thereafter.

6.2 Different rules and obligations may be specified in certain parts of the Mobile Application. The USER subject to these rules and obligations shall be deemed to have accepted the relevant rules and obligations in advance. The USER agrees that from the moment he/she starts to benefit from the Services, he/she shall be deemed to have accepted all the provisions of this Agreement and that the Agreement shall be applicable to him/her.

6.3 The USER acknowledges that while benefiting from the Services, any announcements and notifications to be published by MYZCO ŞARJ on the Mobile Application regarding the Services offered by MYZCO ŞARJ may affect the provision of the Services and in this context, the USER cannot claim that the changes that may occur within the scope of the Services are not included in this Agreement or that the relevant announcements and notifications will not apply to him/her.

6.4 The USER can get information about the locations, working hours, fees and the use of the Services of MYZCO ŞARJ stations, start/end the charging process and benefit from the Services offered by MYZCO ŞARJ via the Mobile Application.

6.5 The USER can also access the texts regarding the processed personal data from the ‘Legal Obligations’ section in the ‘My Profile’ tab in the Mobile Application.

6.6 The USER's Account cancellation and Account deletion cannot be performed by the USER. The USER who wishes to cancel his/her Account and/or delete his/her Account must contact MYZCO ŞARJ customer service. If MYZCO ŞARJ cancels and/or deletes the Account upon the request of the USER, the USER's authorization to enter the Mobile Application shall be canceled and the USER agrees that such action will be irreversible. MYZCO SARJ's obligations arising from the applicable legislation shall be reserved in terms of account deletion/account cancellation procedures.

7- INTELLECTUAL PROPERTY

7.1 Ownership, control or license of any text, graphics, user interface, visual interface, photographs, trademarks, logos, sounds, music, animations, visuals and computer code (‘Content’) contained in the Mobile Application, and the design, structure, selection, coordination, and expression of such Content, including but not limited to their ‘appearance and structure’ and arrangement, are the property of MYZCO ŞARJ or third parties who have licensed the related material, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and competition laws.

7.2 Except as otherwise expressly provided in this Agreement, no part of the Mobile Application and no Content may be copied, reproduced, published, uploaded, displayed, exhibited, encoded, translated, transmitted or distributed in any form or by any means, to any other computer, server mobile application or other broadcast or distribution medium or for any commercial initiative without the prior express consent of MYZCO ŞARJ.

7.3 No proprietary notices of any kind may be removed from the information about the MYZCO ŞARJ Services provided for downloading from the Mobile Application or any copies of such documents, and such information may be used solely for the User's own personal and non-commercial information purposes and may not be copied or posted on any networked computer or any other medium, and no changes may be made to such information. No right, interest or benefit related to the downloaded item can be acquired by downloading any Content from the Mobile Application. MYZCO ŞARJ fully reserves the intellectual property rights of any Content that may be downloaded from this Mobile Application.

8- LIMITATION OF LIABILITY

8.1 The liability of MYZCO ŞARJ for all damages that may arise during the implementation of the Services is limited to the Service Fee to be paid by the USER for each charging transaction.

8.2 MYZCO ŞARJ shall be entitled, at its sole discretion, to restrict or completely block the USER's access to the Services or terminate the Services at any time and without the USER's consent, without citing any grounds. In addition, the USER agrees and undertakes that it will not be possible to access the Services when access to the Services or a part thereof is prohibited or suspended in accordance with the decisions taken by public institutions and organizations and relevant authorities within the scope of the applicable legislation, and that he/she will comply with the decisions taken by public institutions and organizations and relevant authorities.

9- NON-TRANSFER AND NON-ASSIGNMENT
The USER may not transfer this Agreement and/or its rights and obligations under the Agreement to third parties in whole and/or in part without the written consent of MYZCO ŞARJ. MYZCO ŞARJ may freely transfer this Agreement and/or its rights and obligations under the Agreement in part and/or in full to third parties.

10- WAIVER AND SEVERABILITY
Unless otherwise provided by the applicable legislation, the failure of a Party to exercise any right granted to it in the Agreement shall not constitute a waiver of such right or prevent any further exercise of such right. If any provision of this Agreement or any statement contained in this Agreement becomes invalid, illegal or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of this Agreement.

11- TERMINATION
The parties may terminate this Agreement at any time without notice and upon unilateral declaration of will. In case of termination of this Agreement, the receivables of the Parties from each other shall not be affected by such termination. If the USER terminates this Agreement, he/she must immediately stop using the Services offered by MYZCO ŞARJ. However, the USER agrees that the relevant price will be collected by MYZCO ŞARJ in return for the use made by him/her during the period until the termination of this Agreement and that he/she is responsible for the other losses and damages set forth above.

12- NOTIFICATIONS
The USER agrees that any notification to be made to the e-mail address specified when opening the USER Account shall constitute a written and valid written notification. If the USER wishes to change the use of the relevant e-mail address, he/she shall notify MYZCO ŞARJ of such request within 7 (seven) days. Otherwise, all notifications made to the current e-mail address shall be deemed to have been read as of the date of sending.

13- COMPETENT JURISDICTION
For the implementation of this Agreement, Consumer Arbitration Committees and the Consumer Courts located at the USER's place of residence shall have competent jurisdiction to resolve any claims up to the amount announced by the Ministry of Commerce.

14- EFFECTIVE DATE
The Agreement shall enter into effect as of the date of approval if approved by the USER and the USER shall be deemed to have accepted all the terms of this Agreement as of this date.