WhipEV is car sharing redefined. Luxury. Electric. Exclusive. A fleet of brand-new Teslas for the exclusive use of your building’s residents. Reserve, unlock, and drive from the convenience of your mobile phone. Pay as you go, no membership required. Cars are only available to residents of the property they are in.

• Convenient access to brand new Teslas in your garage • Reserved parking • Free charging at home & on the road at Tesla Superchargers • Insurance & maintenance included • High quality, regular detailing

Rates range from $19.50 - $25 per hour ($0.33 - $0.42 per minute) depending on your property location. Some properties offer daily rates as well. Inquire with our support team if you're curious about yours. Hourly rates include all charging, maintenance, and insurance costs (for users 25+). You do not have to pay for anything else. You are only charged for the time you have the car, down to the minute. Some properties also offer monthly subscription packages to get an even lower rate. Inquire at help@whipev.com to see if monthly packages are available at your location if you are interested.

Reservations include 200 miles of driving per 24-hour period. Mileage driven above 200 miles will incur a $0.45-$0.58/mile surcharge plus applicable taxes. The surcharge rate depends on your home branch. Inquire at help@whipev.com if you would like to know what rate is applicable at your branch.

We accept all major credit and debit cards. We do not accept prepaid cards.

There is no limit to how long you can book the car. Whether you are running an errand or going on a weekend trip, WhipEV can get you there.

Charging is included. We have dedicated chargers in the WhipEV reserved spaces in your building, and we also cover charging costs at Tesla Superchargers when you're out on the road.

Whether ditching your car and using WhipEV as your main car or keeping your car and using WhipEV as your second car when needed, WhipEV can save you money on gas, insurance, maintenance, resident parking, car payments, and more all while providing a way for you to live a more sustainable lifestyle.

The Tesla Model 3 and Y are two of the most energy-efficient vehicles on the road with zero tailpipe emissions and about 58% reduction in total lifetime emissions compared to the average new gas-powered car! Studies show that one single shared vehicle can replace up to 25 individual cars.

To be eligible, you must: • Be a current resident of a WhipEV affiliate property • Be at least 21 years old and have a valid driver's license issued in the U.S. *In addition to the requirements above, WhipEV reserves the right to decline membership or terminate membership at any time. Please see the Terms of Service and Rental Agreement for further details. *WhipEV is exclusively for residents. Non-residents are not eligible to use WhipEV.

• Download the WhipEV app. • Create an account with your email, full name, phone number, and a password. • Review and agree to our terms of service, privacy policy, and driving record check. • Activate your account with the 4-digit code you will get via text and email • Upload front and back photos of your driver's license, a selfie, and a valid major credit card in your name. • If age 21-24, send proof of insurance to help@whipev.com (if 25+ basic insurance is provided). • Please allow up to 48 hours for your application to be processed. • Add the property code you received from your property's management office.

1. Click "Book" in the WhipEV app & select "Add Location" 2. Press the drop down icon under "Select Property." 3. Choose your current residence. 4. Enter your building's property code you received from the leasing office, then click "Submit" - *This code serves as proof of residence.

1. Open the WhipEV app and press the "Book" button 2. Select the date and times for your trip 3. Pick one of the available cars at your building 4. Your trip will be confirmed in the app and via email *You can book your trip in advance or at the last minute as long as a car is available.

There are 2 ways to add a payment method through the WhipEV app. 1. Make your first booking: After selecting the date, time, and vehicle, you'll be prompted to select a payment. Select the "Add" button. You can scan your credit or debit card using the camera on your phone (permission for app to access the camera is required). 2 . Go to the "Profile" tab in the WhipEV app, select "Payment Method" and click on the "Add" button.

Report any damage easily via the app before your reservation starts. Even if there is no damage, we recommend always taking pictures at the start and end of your trip.

1. Open your current trip in the WhipEV app 2. In the middle of the screen, below the "Current Usage" meter, press the "plus" button next to "Add more time" prompt (see below) Add time in 15 minute increments and finalize your extension by selecting the "CONFIRM" command (see below): That's it, keep having fun with that Tesla! *If the app does not show the ability to extend, that is because someone has the car reserved after you. Be a good neighbor and return on time. If you know you're going to be late, please contact us at 1-855-861-9290 so we may notify the next user (late fees may apply).

1. Park the Tesla in the reserved WhipEV parking spot 2. Open the charging port on the rear driver's side of the vehicle - on the screen tap controls then tap the charge port icon (lightning bolt) 3. Plug in the cable to the charge port - the charger will turn green to confirm it is properly connected & charging 4. Check the car for any trash or belongings you may have left behind and remove them to avoid any cleaning fees 5. Shut the door 6. Open your active trip in the WhipEV app, select "END BOOKING" and follow the prompts to successfully close out your rental. This command from the app will also lock the doors.

So you're trying to end your trip, but the app is showing you this message: All Teslas are required to be returned to the same place they were picked up from. You will need to return the vehicle back to it's original space in order to end your trip. If you are still having trouble ending your trip, please contact customer support at 1-855-861-9290 in order for us to help resolve the issue.

As long as you need! It's important to be mindful of the users who plan to use the car after your trip, so give yourself a little wiggle room to make sure you return the car on time.

1. Click controls on the screen 2. Click the lightning bolt symbol to open the charge port 3. Plug in the charger cable and make sure the port turns green Here's a video tutorial. *Always be sure to plug in to charge at the end of your trip *If you charge at a Tesla Supercharger while out on the road, WhipEV will automatically be billed for the charge. There will be no cost to you. * If you have chosen to continue with a booking where the vehicle had a charge level below 25% at booking start and charge the Tesla during your booking time, you will be eligible for driving credit to make up for your lost time. Please forward all relevant information to our customer service team at help@whipev.com

Check out some tutorial videos from Tesla here: Tesla Model 3 Tutorials Tesla Model Y Tutorials *If you have any questions after watching the video or while on your trip, reach out to our customer support team at help@whipev.com and we will gladly assist you.

You must return the vehicle to its reserved WhipEV spot in your building's parking garage. *If someone illegally parked in one of the reserved WhipEV, spots please follow these instructions: • Attempt to park next to the reserved space and try to attach the charging cable to the EV to keep the car charged for the next user. • If you did have to park in an alternate space at your home branch, please notify us at 1-855-861-9290 or help@whipev.com • Please do not park in any private parking spots not reserved for WhipEV. Any towing/impound fees associated with improper parking at the end of your booking will be charged back to your account.

There is no "on" button or ignition switch in a Tesla. Once you start your booking, unlock the car with the app, open the driver door and the car will turn on. To turn the car off during or at the end of your trip: -Put the car in PARK -Exit the vehicle -Shut all the doors -Open the WhipEV app, wait for it to connect to the car, and press the "LOCK" This will make sure the car is completely off.

Our Teslas are completely keyless! In order to lock and unlock the car, you will need to use the WhipEV app. • To lock the car: All passengers must exit the vehicle and shut all doors and windows. Open the WhipEV app and select your current trip. Allow the app a few seconds to connect (you should get a pop up notifying you the connection has been made). Once you are connected, press the lock button. • To unlock the car: Stand next to the vehicle, open the WhipEV app and select your current trip. Allow the app a few seconds to connect to the vehicle (you should get a pop up notifying you the connection has been made). Once you are connected, press the unlock button. *If you are experiencing connection issues between the app and the car, try to troubleshoot first by completely quitting out of the app (not just minimizing it), and reopening it to your current trip. If troubleshooting steps don't resolve your connection issues, please reach out to us at 1-855-861-9290 so we may resolve the issue.

Welcome to the future of driving! You won't find many buttons around the vehicle as most commands are given to the vehicle from voice commands or through the touch screen display. By pressing the button on the right-hand side of the steering wheel, you may engage the Tesla in its voice commands. You can say commands like: "Open the glove box" "Turn on the wipers" "Increase the wiper speed" Other basic vehicle settings that don't respond to voice commands can be done through the touch screen display. Below are a few links that will have you fluently operating the most advanced EV on the market in no time!

Our Teslas have many automated safety features, but fully automated driving is not a feature our cars currently have. We ask that users engage their driving experience proactively to provide the safest and most fun car share trip.

While we service our cars frequently during the week, you may arrive at your booking to discover issues that developed since our most recent visit to the car. We ask that in those situations you would notify us by making note of it in the app when you begin your booking, or that you call us at 1 (855) 861-9290 so we can dispatch efforts to resolve the issue immediately. If issues arise during your reservation we ask that you report those right away. We can also be reached at help@whipev.com.

Just as WhipEV members share cars, WhipEV members are expected to share the road as well. Aggressive driving will generate safety alerts in our system which will be subject to review and potential action from our risk management team.

Do your best to plan your trip accordingly so that you can end your trip at the designated time. If the app won't allow you to extend your reservation, it's likely because one of your neighbors has reserved the car for that time. Please be the best neighbor you can be and return the car on time to prevent your neighbors' plans from being delayed.

We clean our cars at least 3 times per week, and we provide sanitization supplies in the trunks of our vehicles in the event a user wishes to personally wipe down the touch points inside the car. We only ask that our members be courteous to their neighbors who use the cars by returning them as clean as when they began their booking. Returning the car in an unclean state that impacts the neighbors who follow your reservation could result in a cleaning fee and potential account suspension.

Always make sure the car has at least a 25% charge when you return it. Returning the car with less charge may result in a low battery fee being charged to your account. *Reminder: We cover charging costs at Tesla Superchargers when you're on the road.

Pets are allowed in the cars, however, the car should be left as clean as it was when your trip started. If paw prints or fur are left for the next driver, you may be charged a cleaning fee.

Accounts can be suspended for a number of reasons including, but not limited to: Unpaid balances Causing damage to car Severe or repeated uncleanliness in the car Reckless driving/moving violations Habitual late returns You may appeal your suspension by submitting an email to help@whipev.com with the email title "SUSPENSION APPEAL" followed by your full name. Our team will review the case and advise of a final decision within 5-10 business days.

If you would like to dispute any charges or apply for a refund, please contact us via email at help@whipev.com and provide the following information: Name: Phone number: Email: Booking ID associated with charges: Total refund requested: Reason for refund request: You will receive an email confirmation once the refund request has been reviewed and accepted or declined. You may receive a phone call from our customer service team in order to discuss the charges in more detail.

We apply fees against accounts that negatively impact the rest of the neighbors who use this amenity. • Late Return Fee: $50 per hour (up to a maximum of $300), plus the electric vehicle usage charges and applicable taxes. • Low Charge Fee: $30 plus applicable taxes if you return an EV with less than 25% miles of battery life. • Reservation Changes: If you cancel, miss, or shorten your reservation with less than 2 hours notice, you will be charged the full amount of your original reservation. • Tickets/Violation Processing Fee: You are also responsible for paying any parking tickets and moving violations incurred during your reservation. If we receive a notice and process a violation, you will be charged a $30 processing fee plus applicable taxes. • Damage Fee: Up to $2,000 to cover the deductible costs related to an accident. • Smoking Fee: $300, and immediate account deactivation. • Other Violations: $50 per violation plus applicable taxes, as well as costs incurred anytime a visit to the vehicle is required (including visits due to towing, impound, smoking or pets in the Vehicle). • Non-Member Driving: $500 plus applicable taxes if you allow a non-member to drive during the reservation and any repairs required. You will also have your membership terminated. • Mileage Fee: Reservations include 200 miles of driving per 24-hour period. Mileage driven above 200 miles will be a $0.45-$0.58/mile surcharge per mile plus applicable taxes. The surcharge rate depends on your home branch.

Insurance is included for members 25+, but if you happen to be involved in an incident with your WhipEV vehicle, a damage fee of up to the $2,000 deductible may apply. A damage fee can apply for dents, scratches, collisions, windshield cracks, vandalism, and third-party damages. Members are not responsible for normal wear and tear on the Vehicle. Before each reservation, we ask you to check the car inside and out and report any damage. This ensures that you will not be held responsible for damage that may have happened before your reservation. If you have your own insurance, you are able to choose to use that rather than the insurance WhipEV provides, in the event of an incident. If you are 21-24, you will need to provide your own insurance. Non-owner's insurance plans typically cost between $150-$500 per year depending on the plan you choose.

Maybe. Some credit cards do offer (CDW) Collision Damage Waiver. See the details of your specific credit card for further details.

Your insurance coverage may offer a lower deductible in the event that you are at fault in an accident with a WhipEV Tesla. In that case, your insurance would act as the primary insurance on the vehicle.

• Car Accident: Pull over to the side of the road immediately for the safety of you and your passengers. If there are any injuries, call 9-1-1 immediately to request emergency services. If you were involved with another vehicle you will need to acquire the other driver's name, contact info, and insurance information. You will need to report the accident to us before you continue on your trip by calling 1-855-861-9290. If the car is not able to be driven, we will have to end your trip and dispatch road side assistance to retrieve the vehicle. Members involved in car accidents driving WhipEV vehicles must fill out and submit an accident report within 48 hours of reporting the accident to us over the phone or by clicking here. Accidents will result in a temporary account suspension for us to review the incident. • Dead Battery: If you are out of battery on the side of the road, please call us at 1-855-861-9290 to advise of your exact location and we will handle the recovery of the car. You will need to take photos of all 4 sides of the vehicle to document the condition of the car before you leave in the event you do not wish to wait for Road Side Assistance to arrive. You will need to arrange for alternative transportation back to your home branch. It is the customer's responsibility to maintain the vehicle charge while the car is in use. Neglect to properly operate the vehicle may lead to fees and/or membership suspension/termination. • Flat Tire: Pull over to the side of the road immediately for the safety of you and your passengers. If there are any injuries, call 9-1-1 immediately to request emergency services. Tesla vehicles are not equipped with spare tires. We will need to schedule a tow truck to retrieve the car and transport it to the nearest service center. We understand that this will leave you without transportation. We will be happy to accommodate by reimbursing for transportation back to your home branch via Uber/Lyft (up to 50 miles). • Phone Locked in Car: You’ll need to use a different phone, or notify your leasing office, to call us so we can unlock the car remotely and grant you access to retrieve your phone. Call us at 1-855-861-9290

WhipEV Membership Agreement Updated January 19, 2021 Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By participating in the WhipEV Program, you agree to follow and be bound by these Terms of Service These Terms of Service include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to the WhipEV Program, these Terms of Service, or WhipEV’s Privacy Statement to binding individual arbitration rather than proceeding in court. The dispute resolution provision also includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action. These Terms of Service also include a jury waiver. More information about the arbitration and class action waiver can be found in Section 9 below. WhipEV help desk is a team of dedicated representatives that can assist in answering your questions and concerns (“The help desk”). They can be reached at 855-861-9290 or help@whipev.com. If you have questions about these Terms of Service or the WhipEV Program generally, please contact the help desk. Welcome and thank you for your interest in WhipEV! WhipEV (“WhipEV”, “we”, or “us”), provides a fully electric car sharing service that allows eligible and approved WhipEV users with active WhipEV Membership Agreements (“Members”) to reserve and rent WhipEV vehicles (“Vehicles”) for hourly or daily use (“Trips”). These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and WhipEV governing your access to and use of our mobile application (the “WhipEV App“) and all car sharing and other associated services (collectively, “WhipEV Services“). The WhipEV App and WhipEV Services together are collectively called the “WhipEV Program.” Our Privacy Statement outlines how we use and safeguard your information. You understand that by participating in the WhipEV Program, you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data described in our Privacy Statement. We may update, modify or amend the terms of this Agreement from time to time during your participation by posting the updates on our website or otherwise making the updates available to you. It is your responsibility to frequently review the updates during your participation in the WhipEV Program. You may cancel your participation in the WhipEV Program at any time by providing notice to the help desk or as otherwise provided in this Agreement. The following summarizes the terms of this Agreement that you agree to: ● You will use Vehicles in a safe manner in compliance with all laws, rules, and regulations and in compliance with this Agreement; ● You will maintain a valid driver’s license while participating in the WhipEV Program; ● You will not permit non-Members to use the Vehicle that is rented by you and you will be financially responsible if other Members use the Vehicle that is reserved by you; ● You consent to a $15 background check fee for Digisure to obtain your driving record and verify your eligibility to participate in the WhipEV Program prior to and from time to time during your participation; ● You will not drive the Vehicle outside the United States; ● You will pay all fees (defined and described in Section 2 below) and any other amounts you owe under the WhipEV Program. We will charge those fees and other amounts to the payment method you provide and associate with your account; ● You can review the estimated reservation costs before confirming your reservation; ● To the extent permitted by law, the Vehicle maintains an active wireless connection and provides certain data to us. You consent to this connection and to our collection, use, and sharing of data describing the Vehicle and how you are operating it, including data describing Vehicle location, as described in our Privacy Statement; ● You are responsible for any loss of or damage to the Vehicle during your reservation that are caused by you or your passengers up to a Deductible (defined in Section 2) of $2,000.00 or up to full cost of damages if you have not complied with this Agreement; and ● You will defend, indemnify and hold WhipEV and Suppliers (defined below in Section 1) harmless against any claims arising out of your participation in the WhipEV Program and use of a Vehicle. Detailed Terms and Conditions 1. Basic Terms 1.1. You may reserve a Vehicle on an hourly or a daily basis through the WhipEV Program and subject to the terms of this Agreement. In certain locations, some Vehicles may be available for up to a 4-day rental (“WhipEV”). 1.2. WhipEV or our Vehicle supplier, as identified on the insurance document in the glove box compartment of the Vehicle (“Supplier”), owns the Vehicle. You acquire no ownership interest in any Vehicle or other items provided to you during your participation in the WhipEV Program. 1.3. We may add or remove Vehicles from the WhipEV Program in our sole discretion. We do not guarantee that any Vehicle will be available to you. Your right to use any Vehicle is subject to Vehicle availability, your continued eligibility, and to the terms of this Agreement. 1.4. We will require direct access to the Vehicle to contact the Vehicle directly if an emergency occurs or for other business reasons as permitted by law. 1.5. You can reserve a Vehicle through the WhipEV App following enrollment and approval of your eligibility. 1.6. The WhipEV App allows you to gain access to the Vehicle during the time of their reservation. When you book a reservation, you must select a time to start your reservation and the end time of your reservation. 1.7. When you book a reservation, we will pre-authorize, at the time of the reservation, a charge to your payment method on file in the amount of your estimated total usage fees (the “Pre-Authorization Charge”). If your payment method rejects this Pre-Authorization Charge, your reservation will be cancelled. 1.8. Before your reservation start-time, you will receive a message indicating that you can begin your Trip. Access to the Vehicle will be given once you begin your reservation. You must have the mobile device you used to create the reservation inside the Vehicle to drive. Your mobile device must be powered and fully functioning to access and start the Vehicle and to start and end your Trip. 1.9. You should return the Vehicle to the same location from where you picked it up, unless otherwise directed. Leaving the Vehicle somewhere other than where you picked it up may result in late fees or other charges. 2. Fees. 2.1. You agree to the Rules of Use in Section 10. 2.2. All fees and charges plus applicable taxes and surcharges will be charged to the payment method you provide in the WhipEV App. Any credit or debit card you provide as your payment method must be linked to a financial institution in the U.S. or Canada. We do not accept prepaid credit, digital, or gift cards as a method of payment. This payment method must be your own credit or debit card issued to you and for you. 2.3. Usage fees. You agree to pay us usage fees per the then usage rate associated with the Vehicle you choose when you make the reservation plus applicable taxes, fees, and surcharges that are incurred in connection with use of the Vehicle associated with your account. Daily rates are based on a 24-hour period. 2.4. For rentals commencing in Colorado: A Colorado Road Safety fee @ $2.00 / day will be charged. 2.5. For rental commencing in New Jersey: A Domestic Security fee @ $5.00 / day will be charged. 2.6. Late fees. If you return the Vehicle later than the end reservation time, and to the extent permitted by law, a $50 late fee plus applicable taxes will be charged per hour besides the usage rate of the Vehicle unless you have reported the Vehicle as stolen. You must click “End Trip” in the WhipEV App upon returning the Vehicle and must return the Vehicle to the location where you picked it up as designated in the WhipEV App. Failure to do so may result in late fees. Subject to Vehicle availability, you may extend your reservation end time to avoid a late fee in the WhipEV App. You will be charged for the additional time if you choose to extend your reservation. 2.7. Mileage fees. You will have a 200-mile maximum driving distance per 24-hour day per reservation for hourly and daily Trips. For Trips driven above the maximum miles, you agree to pay $0.45-$0.58 per mile plus applicable taxes. 2.8. EV Charging: Free charging is included at the pick up and drop off locations. You should never drive our EVs below 10% of the total battery capacity. A $500 fee plus applicable taxes will be charged if you drive the Vehicle to the point of completely exhausting the battery on the vehicle. Tesla supercharging is also available free of charge. Please do not use supercharging more than once during a week period. 2.9. Reservation changes. You can cancel or change your reservation at no charge up to 2 hours before your Trip is scheduled to begin. If you cancel or change your reservation after the 2 hours prior to your scheduled trip start, we reserve the right to charge you up to the full amount of the original reservation. 2.10. Tickets/violations fees. You are responsible for timely response to and for paying any parking tickets and moving violations incurred during your Trip. If we receive a notice and process a violation (including toll violations), you will be charged the ticket/violation fee and a $20 processing fee plus applicable taxes. This fee may be charged up to 90 days beyond your reservation. You understand and agree that, if WhipEV receives notifications by prosecution authorities of violations of laws, rules, and/or regulations allegedly committed with a Vehicle rented by you, WhipEV may provide your complete and accurate data (full name, date of birth, address) at the time of the alleged traffic rule violation to the respective prosecution authorities. 2.11. Tolls. You will be responsible for any tolls incurred while using the Vehicle though the Vehicle may have a toll pass. If your Vehicle has a toll pass, you will be charged the toll fee to the card you have on file and this charge may take place up to 90 days beyond your reservation depending on the timing of payment processing by certain tolling authorities. Tolls incurred may also be subject to a processing fee of up to $3.50 per instance. 2.12. For rentals commencing in Colorado: Pursuant to the requirements of C.R. S. 43-3-302 and C.R.S. 42-4-1209, You are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of the rental period. If such a penalty is incurred, your name, address, and state driver’s license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violation fines). 2.13. For rentals commencing in Illinois: You are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of this rental period. If such a penalty is incurred, your name, address and state driver’s license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violations fines). 2.14. Cleaning fee. You are to return the Vehicle in a clean condition for others to use. If found otherwise (for example, odor or residue from smoking, pet hairs, etc.) you will be charged up to $150 plus applicable taxes for cleaning fees. 2.15. Unauthorized driver. Only you are authorized to drive a Vehicle that you reserve and rent under this Agreement. Besides other rights and remedies we may have in this Agreement, if you allow for use of a Vehicle by someone who is not an authorized driver, you will be removed from the WhipEV Program. 2.16. Deductible. You are responsible for any loss or damage to the Vehicle you do not report prior to the start of your Trip. Document the condition of the Vehicle by taking photos of the vehicle in the WhipEV App at the start and end of your trips. You agree that we may charge you a fee of up to $2,000 plus any taxes as a deductible (“Deductible”) for any damage or loss during a Trip. If the Vehicle is used in accordance with this Agreement and otherwise safely, you will not be charged for any damage to the Vehicle beyond the Deductible. However, if you violate this Agreement or otherwise operate the Vehicle in a negligent or reckless manner or in any way that endangers others, you agree to pay damages beyond the Deductible. 2.17. Other Violations. Besides other rights and remedies we may have in this Agreement, we may charge you the actual cost to us, plus applicable taxes, for any violation of the Agreement if such violation results in a visit by us to the Vehicle to remedy the situation (including if due to towing, impoundment, necessity of cleaning or re-charging, etc.) 2.18. Payment Method. Other than the usage fee charged to you upon booking the reservation, we will charge for all fees as they are incurred by you monthly (retroactively for the previous month) to the payment method you provided which is on file. You may cancel the use of your credit or debit card by terminating your participation in the WhipEV Program and providing notice to the help desk. You remain responsible for any fees or damages incurred prior to your termination. Any changes to the pricing will be available on the website www.whipev.com. Your credit or debit card will be charged retroactively for any tolls or unpaid parking tickets incurred during the previous month. You will receive an email receipt with the breakdown for each Trip of charges applied to the payment method on file. 2.19. Cancellation & Refund Policy. Except for timely cancellations, we do not provide refunds of the Pre-Authorization Charge, or any other fees. If you believe you have been charged in error, you must submit a formal request to the help desk and include your name, phone number, and reason for refund request. Requests will be reviewed and responded to within five (5) business days. If your reserved Vehicle is returned and your Trip is ended prior to the reservation end time, you will not be refunded for unused hours. 2.20. Billing. If a payment card charge is declined by your payment card issuer (either for a Pre-Authorization Charge or incurred fees or charges), we may suspend or terminate your membership immediately. We reserve the right to assign a delinquent Member account to a third-party collection agency. 3. Your Responsibilities 3.1. You agree and are solely responsible for: 3.1.1. Complying with all applicable laws, regulations, local ordinances, and this Agreement. 3.1.2. Keeping your personal information, including payment information, up-to-date within your WhipEV account. We may validate such updated information to verify your continued membership. We will in no way be responsible or liable for any fines, damages, penalties or any other costs or liabilities resulting from your failure to provide us with up-to-date personal information. 3.1.3. Any loss of, or damage to goods and personal belongings in or on the whether owned by you or third-parties. Neither we nor Supplier take responsibility for any such loss or damage; 3.1.4. Any traffic, moving or parking violation citations, fines or other penalties incurred from use of the Vehicle. Without limiting or altering any insurance or indemnification obligations in this Agreement, you will cooperate with us and Supplier in the defense of any claims or lawsuits against us and/or Supplier related to your use or possession of the Vehicle. You shall be responsible for all fines, forfeitures and penalties incurred from the use of the Vehicle; 3.1.5. All fines, forfeitures and penalties incurred from the use of the Vehicle; 3.1.6. Immediately notifying WhipEV of any event that involves theft, attempted theft, vandalism, Vehicle damage of any kind, or impact with a vehicle, object or pedestrian (injured or not) even if there appears to be no damage to the Vehicle by calling 855-861-9290 to speak with a WhipEV Customer Service Agent. If a Vehicle is not safe to drive after any such event, you must file a police or security report within 24 hours of the incident and provide WhipEV a copy of that report to prevent being charged for the rental after the event. 3.1.7. Maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third-party. You must immediately notify the help desk if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or if any actual or suspected unauthorized use of your account occurs. 3.2. You also agree to the following: 3.2.1. For EMERGENCY situations, you must call 911. Further instructions regarding incident / crash procedures are in the glovebox and under the Help section of the WhipEV App. 3.2.2. For rentals commencing in Maryland: 2013 Maryland Code CRIMINAL LAW § 7-205 – Failure to return rental vehicle. (a) A person who leases or rents a motor vehicle under an agreement to return the motor vehicle at the end of the leasing or rental period may not abandon the motor vehicle or refuse or willfully neglect to return it. (b) (1) A person may not be prosecuted under this section if, within 5 days after a written demand for the return of the motor vehicle is mailed by regular mail and certified United States mail, return receipt requested, to the person who leased or rented the motor vehicle at the last address known to the person who delivered the motor vehicle, the person returns or accounts for the motor vehicle to the person who delivered the motor vehicle. (2) A prosecution may not be started until 5 days after a written demand described in paragraph (1) of this subsection is mailed. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 3.2.3. Returning the Vehicle to the proper location when your reservation ends. To the permitted by law, we may recover a Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. 3.2.4. For rentals commencing in Colorado: Failure to return the Vehicle within 72 hours of the due-in date is a felony according to Colorado Revised Statutes §18-4-401. 3.2.5. For rentals commencing in the District of Columbia: WARNING: Failure to return this Vehicle in accordance with the terms of this Rental Agreement may result in a criminal penalty of up to 3 years in jail. 3.2.6. For rentals commencing in Florida: Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable under the section 812.155, Florida Statutes. 3.2.7. For rentals commencing in Massachusetts: If the Vehicle is not returned within 48 hours of the date due, we will report it to the police department as stolen or beyond our control under ALM Ch. 266 §87A. 4. Eligibility Requirements. 4.1. You must meet and continue to meet during your participation in the WhipEV Program the following eligibility requirements. 4.1.1. You possess a valid driver’s license which is not modified, suspended, revoked, or restricted (except for corrective lens) and will present it to WhipEV upon reasonable request for proof. If you possess a non-US driver’s license it must be valid in the state in which you reside. You may also be required to verify that you are the person included on the driver’s license by providing a selfie image of your face from your mobile device. 4.1.2. You are not involved in any accidents with the Vehicle and have not been involved in any accidents during any other reservation with WhipEV. Notwithstanding the preceding sentence, WhipEV remains obligated to provide insurance during your reservation as described under Section 6 of this Agreement. 4.1.3. You do not have a current outstanding balance with WhipEV. 4.1.4. You have not been involved in: Any single accident (regardless of fault) resulting in damages to a Vehicle amounting to more than $5,000; or three (3) accidents (regardless of fault) involving a Vehicle within a twelve (12) month period. 4.1.5. You are at least 25 years of age; and 4.1.6. You have not been convicted in the last 5 years of the following violations: Driving while driver’s license is restricted, suspended, revoked or denied; Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle; Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test. Failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer); Eluding or attempting to elude a law enforcement officer; Traffic violations resulting in death or serious injury; or Any other significant violation warranting restriction or suspension of license. You are otherwise eligible under and will comply with all laws and regulations, including any export controls, economic sanctions, or other related laws and regulations, in relation to your participation in the WhipEV Program. 4.2. You understand and agree that, in the event WhipEV receives notifications by prosecution authorities of traffic rule violations allegedly committed with a Vehicle, WhipEV will be entitled to provide your complete and accurate data (full name, date of birth, address) to the respective prosecution authorities. 4.3. You consent to and authorize WhipEV, to the extent permitted by law, to perform or have performed a background check of you and of your driving history and/or driving record. You have reviewed and understand the information, statements, and notices in the Background Check Disclosures, the State Law Disclosures and the California State Law Disclosures, described in more detail at the end of this Agreement, and this background check authorization. 4.4. You will immediately notify the help desk if your driver’s license expires or is modified, suspended, restricted, revoked, or if you otherwise no longer meet an eligibility requirement. 4.5. We reserve the right to suspend or remove you from the WhipEV Program in our sole discretion, including but not limited to our discovery of your non-compliance with the foregoing eligibility requirements. 5. Collection, Use, and Sharing of Information. 5.1. To provide the WhipEV Program to you, we will collect, use, and share certain information about you (that you have provided to us), and your use of the Vehicle. You consent to our collection, use, and sharing of this information as described within the Privacy Statement. 5.2. We will collect your name, address, telephone number, email address, driver’s license number, the driver’s license expiration date and state of issuance and if you have a Pennsylvania driver’s license, the last four digits of your social security number. This information will be provided to our trusted service provider to perform a background check of your driving history and/or driving record, so we can confirm your eligibility to participate in the WhipEV Program. We may also use this information to conduct screening to ensure you are not included on any U.S. or other government lists of restricted parties. 5.3. By participating in the WhipEV Program, you authorize WhipEV to send you updates via text message using an automated telephone dialing system to the mobile phone number you provided WhipEV. This is not required to conduct business with WhipEV. Message and data rates may apply. 5.4. We will collect your billing information, including your name, credit card number, credit card type, expiration date, and CVV number to provide the information to our trusted payment service provider, so we can process your payments for the WhipEV Program. You have reviewed and understand the information, statements, and notices in the Background Check Disclosures, the State Law Disclosures, and the California State Law Disclosures, described in more detail at the end of this Agreement, and this background check authorization. 5.5. All Vehicles have GPS services. To the extent permitted by law, we will actively collect information related to your use of the Vehicle through these GPS services. This information includes, but is not limited to: Vehicle location data, Vehicle make/model/trim, performance data, time of use, ignition on/off status, odometer, oil life remaining, tire pressure, high/low impact events, and use of individual GPS Telematics services. Any violation of this Agreement confirmed by such information may cause the termination of your participation in the WhipEV Program. 5.6. We will also collect information from the device through which you are participating in the WhipEV Program, such as device location, to provide WhipEV Services to you and to enable certain GPS Telematics services, such as remote door lock/unlock. 5.7. The WhipEV App is used to manage Vehicle reservations in the WhipEV Program. Your use of the WhipEV App is subject to this Agreement, and the End User License Agreement, the Privacy Statement for the App, and Privacy Statement . 6. Insurance; Indemnification; Limitation of Liability; Personal Property. 6.1. Insurance; Indemnification; Hold Harmless. Secondary Insurance is provided on the Vehicle while you are operating the Vehicle under the WhipEV Program in compliance with the terms of this Agreement. WhipEV’s automobile liability insurance provides secondary coverage up to the minimum financial responsibility limits required by state law. If and only if there is no primary coverage held by you through your personal insurer. To the extent such protection is imposed by law, that protection will be for the minimum limits required by law. We are liable only up to the maximum amounts under our insurance coverage and only if the Vehicle was being operated by you, another Member of the WhipEV Program, or a person entitled to insurance coverage under law. You may be liable to us up to the maximum amounts described above and to an injured person for amounts awarded over such maximum amounts. 6.2. Notice for rentals commencing in Florida: The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §324.021(7) and 627.736, Florida Statutes. 6.3. Notice for rentals commencing in Maryland: If our Vehicle is a replacement vehicle as defined in Section 17-104 of the Maryland Transportation Code, the liability insurance coverage on the vehicle being replaced (your vehicle) is primary, and any liability coverage we provide on the Vehicle is secondary. 6.4. Notice for rentals commencing in Michigan: For liability losses involving third persons occurring in Michigan, we are responsible only up to $20,000.00 for bodily injury to or death of 1 person in any 1 accident and $40,000.00 because of bodily injury to or death of 2 or more persons in any one accident, and only if you or a member of your immediate family were operating the Vehicle at the time of the accident. You may be liable to us up to the same limits, and you may be liable to injured third persons for amounts over those 6.5. You are responsible for any loss of or damage to the Vehicle resulting from any cause including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail or other acts of nature or God regardless of fault. Damages include our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damages condition, you will pay the difference between the Vehicle’s retail fair market value before it was damaged and the sales proceeds. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, and antenna, as part of the rental charges during return. If the Vehicle is stolen and not recovered, you will pay us the Vehicle’s fair market value before it was stolen. As part of our loss, you will also pay for loss of the Vehicle, without regard to our fleet utilization, plus an administrative fee for processing the claim, costs associated with recovery of the Vehicle, plus towing and storage charges, if any. You are not responsible for normal wear and tear on the Vehicle. Before each reservation, please check the car inside and out and report any damage. Your responsibility for damage to or loss of the Vehicle will be limited to the $2,000 Deductible per occurrence unless you violate the terms of this Agreement or otherwise operate the Vehicle in a reckless manner or that endangers others. There, you will be responsible for loss or damage to the Vehicle beyond the Deductible. You grant subrogation rights to WhipEV and its insurers. Your personal insurance policy is always primary in any claims. 6.6. In addition you agree to defend, indemnify and hold us, our affiliates and respective directors, officers, shareholders, employees and agents, and Supplier harmless from all claims, liability and expenses arising out of your non-compliant, negligent or reckless use of the Vehicle regardless of whether those claims arise from you or any third party excluding those arising out of WhipEV’s gross negligence or willful misconduct and to the extent permitted by New Jersey law if you are a renter in New Jersey. We may recover damages suffered by us or Supplier you owe under this Agreement by charging the payment method you provided. 6.7. For rentals commencing in New York: Responsibility for Damage or Loss; Reporting to Police. You are responsible for (a) all physical damage to the Vehicle, whether or not you are at fault; (b) mechanical damage related to an accident or caused by your abuse or neglect; and (c) theft of the Vehicle up to its fair market value if it is established that an authorized driver failed to exercise reasonable care or that an authorized driver committed, aided, or abetted in the theft of the Vehicle. You are responsible for the lesser of: (a) the actual and reasonable costs incurred to repair the Vehicle, including fees for towing, storage and impound; (b) the reasonable costs incurred to repair the Vehicle if we elect not to repair; or (c) the actual cash value of the Vehicle immediately before the damage (not to exceed the fair market value, less net disposal proceeds). You must report all accidents or incidents of theft and vandalism to us and the police when you discover them. Upon return of the Vehicle or within 72 hours of its return, an authorized driver or his or her insurer must notify us he or she wishes to inspect the damaged Vehicle, or else the right to inspection will be waived. The inspection must be completed within 7 days of the Vehicle’s return date. If we determine that the Vehicle is a total loss and subject to salvage, the 72-hour notification period and waiver do not apply, and the authorized driver or his or her insurer will have 10 business days from receipt of notification from us to inspect the damaged Vehicle, unless we agree to provide access to the Vehicle beyond the 10 business-day time period. 6.8. For rentals commencing in California: You are responsible for all damage to and loss of the Vehicle caused by collision. Your responsibility includes: (a) all physical and mechanical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle calculated in accordance with California law; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair; (b) an administrative fee as permitted by California law; and (c) our actual charges for towing, storage, and impound. You are responsible for loss due to theft of the Vehicle and any damage caused by vandalism that occurs in connection with a theft if you fail to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all Vehicle accidents or incidents of theft and vandalism to us and the police upon discovery. 6.9. WARNING: California Vehicle Code Section 10855 provides the following: “Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 5 days after the lease or rental agreement has expired, that person shall be presumed to have embezzled the vehicle.” 6.10. For rentals commencing in Illinois: Regardless of fault, you are responsible for theft or loss of the Vehicle and all damage to it, including damage caused by collision, weather, road conditions, acts of nature, theft, and vandalism. Your responsibility includes: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle; (ii) if we determine that the Vehicle is repairable: the reasonable estimated retail value or actual cost of repair; (b) Loss of Use, which shall be measured by multiplying your daily usage fee by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; and (d) towing, storage, and impound charges. You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. If the Vehicle’s MSRP is $50,000 or less: until June 1, 2017, your responsibility for loss or damage due to causes other than theft will not exceed $17,500. Beginning June 1, 2017, and annually each June 1 thereafter, the maximum amount we may recover from you for damage to the Vehicle increases by $500 above the maximum recovery allowed immediately prior to June 1 of that year. You are responsible for loss due to theft of the Vehicle up to a maximum of $2,000, unless you fail to exercise ordinary care while in possession of the Vehicle, or unless you committed, or aided in, the theft of the Vehicle, in which cases you are liable up to the Vehicle’s fair market value. If the Vehicle’s MSRP is over $50,000: Beginning on October 1, 2016, your responsibility for loss or theft of or damage to the Vehicle will not exceed $42,500. Beginning on October 1, 2017, the maximum amount we may recover will increase by $2,500 on October 1st of each year. Beginning on October 1, 2020, the maximum amount we may recover will increase by $2,000 on October 1st of each year. 6.11. Limitation of Liability. Unless prohibited by law, neither WhipEV nor Supplier are liable to you for any indirect, incidental, special, punitive or consequential damages including loss of opportunity or lost profits arising from this Agreement, your participation in the WhipEV Program or using the Vehicle. 6.12. Personal Property. Neither we nor Supplier are responsible for loss of or damage to your or any other occupant’s personal property left in the Vehicle. 7. Term and Termination. 7.1. Term. This Agreement becomes effective upon your acceptance of the Terms contained herein and all ancillary consents (the Privacy Statement and the User Terms and Privacy Statement) when you click to accept this Agreement and expires upon your notification to us via email at help@whipev.com or by calling Call/Text (855)861-9290 unless earlier terminated by us in our sole discretion. 7.2. Termination. We and/or you may terminate this Agreement at any time for any reason whatsoever by giving the other notice of such termination. Termination makes you ineligible to participate in the WhipEV Program. You will remain responsible for all fees, including account balances, and any damages and penalties incurred as of the date of termination. You will only be able to obtain refunds for membership pursuant to your rights under applicable consumer protection legislation or pursuant to our discretion. 8. Miscellaneous 8.1. Assignability. You may not assign or transfer the rights of this Agreement in whole or in part under any circumstances. Doing so without the consent of us will be void and of no force and effect. We reserve the right to assign this Agreement in our sole discretion. 8.2. Choice of Law. This Agreement will be governed by, interpreted under, and construed and enforced under the laws of the State of Maryland, without reference to its conflict of laws principles. 8.3. Waiver; Severability. If any one or more provisions contained in this Agreement or any document executed in connection shall be invalid, illegal or unenforceable under any law, (i) unless otherwise provided under law, the validity, legality and enforceability of the remaining provisions contained herein or shall not be affected or impaired and shall remain in full force and effect; and (ii) the invalid, illegal or unenforceable provision shall be replaced by us immediately with a term or provision that is valid, legal and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable term or provision. Failure or delay by us to exercise any right or privilege under this Agreement shall not operate as a waiver nor shall any partial exercise of any right or privilege preclude any further exercise thereof. 8.4. Notice. To terminate your membership email us at help@whipev.com or call/text (855)861-9290. We may provide notice to you via any address (including electronic address) that we have on file for you, or via in-WhipEV App messaging. All legal notices to be given by you to WhipEV must be in writing and will be (a) personally served or (b) mailed registered or certified, return receipt requested, postage prepaid, or delivered by courier service with charges prepaid, addressed as set forth below. Notice will be deemed given on the date of service if personally served or, if mailed, on the third Business Day after mailing Whip Inc c/o Executive Director 14670 SOUTHLAWN LANE ROCKVILLE MD 20850 8.5. Limited Third-Party Beneficiaries. Supplier is an intended third-party beneficiary of this Agreement solely for enforcing its rights under Sections 2 and 6. Whip’s affiliates that are controlled by or under common control with Whip are intended third-party beneficiaries of Sections 6 and 9. Except for the foregoing, this Agreement is intended to be solely for the benefit of you and Whip and is not intended to confer any benefits upon, or create any rights in favor of, any person or entity other than the foregoing. 8.6. Conflict of Terms. Any conflict between this Agreement and those of the OnStar terms and conditions will be resolved in favor of this Agreement. 8.7. Survival. All fees and charges will continue to be due and payable after the end of the Trip or the expiration of this Agreement. Additionally, the 6, 9, and 8.7 will survive the expiration or earlier termination of this Agreement. 9. DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER 9.1. Our customer service department is available to address any concerns You may have regarding the Whip Program. You may call us at (855) 861-9290, email us at help@whipev.com, or send us regular mail at the address listed at the end of this agreement. Most matters are quickly resolved in this manner to our customer’s satisfaction. 9.2. ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A “CLAIM“), WITH THE EXCEPTION OF THE MATTERS DESCRIBED IN SECTION 8.9(E) BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA“) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. 9.3. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION 8.9 SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS. 9.4. SECTIONS 9.1 THROUGH 9.3 DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. 10. RULES OF USE 10.1. Reserving a Vehicle. You must make a reservation using the Whip App that you download on an Android or iOS device. 10.2. Personal use only. The Vehicle is to be used for your personal use only and may not be used for hire or any other for-profit purpose. 10.3. No unauthorized drivers. You understand that only you, or other authorized drivers as identified in Section 2.17, are authorized to use the Vehicle and you may not allow any other person to operate the Vehicle. 10.4. Charging. EV charging is free at the pickup and drop off locations. WhipEV also provides free Tesla Supercharging. Charging from any other source will be at the expense of the user and WhipeV will not reimburse you for those charges. 10.5. Pick-up and return location. At the start of your Trip, the Vehicle will be available for you in a location designated in the Whip App. You must return the Vehicle to the rental location you have chosen within the Whip App. We reserve the right to charge for not returning the Vehicle to the same rental location you picked-up the Vehicle. 10.6. Parking. While on a Trip, you may park in any legal parking space. You are responsible for all parking fees and fines or tickets that may result. 10.7. Cleaning. You are kindly asked to remove all trash and return the Vehicle in a clean condition. 10.8. Towing. You are prohibited from towing or pushing anything with the Vehicle or overloading the Vehicle. 10.9. Use area. The Vehicle must not be driven or otherwise taken outside of the United States. 10.10. No smoking. Smoking is not allowed at any time by you or any passenger in the Vehicle subject to a minimum $150 fine. 10.11. Animals or pets. You may take a pet in the Vehicle but only if it is kept in a locked pet carrier. 10.12. No servicing Vehicle. You must not perform or take the Vehicle in for repair or any service under any circumstances; the Vehicle can only be warranty repaired or serviced by us. 10.13. No operation while impaired. You agree to never drive the Vehicle while impaired by medication, illness, fatigue, or injury. 10.14. No alcohol or illegal drugs. You agree not to use any illegal drugs or alcohol prior to or while driving the Vehicle and understand that we have a zero-tolerance policy for being under the influence of or drinking alcohol or taking illegal drugs when using the Vehicle. 10.15. Use of safety restraints. You will ensure the proper use of safety belts and child safety restraints for all occupants; you will not permit anyone under 13 years of age to ride in the front seat of the Vehicle. Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. You are responsible for supplying a child safety seat. 10.16. Obey all traffic laws. You will obey all applicable motor vehicle laws, speed limits, codes, and regulations, including all local ordinances and/or state laws addressing distracted driver restrictions. You will drive in a defensive manner, anticipating situations where incidents are likely to occur. 10.17. No hand-held device use. You understand that use of hand-held communication devices is prohibited except in cases of emergency. The Vehicle must be brought to a safe stop or safe location if call or text must be placed or received. You understand that use of radar/laser detection devices is prohibited. 10.18. Safe driving. You agree not to operate the Vehicle in a test, race, contest, or off-road. 10.19. No transport of dangerous items. You agree not to use the Vehicle to transfer hazardous, toxic, flammable, poisonous or otherwise dangerous goods. 10.20. Securing vehicle. You understand that when the Vehicle is not in use, you will secure it by closing the windows, closing and locking the doors, and parking it in a reasonably, safe, and secure location. 10.21. No modification to Vehicle. You must not modify, disconnect, or otherwise interfere with the operation of the odometer, emissions control equipment, or any other equipment installed on or in the Vehicle. 10.22. No improper use of Vehicle. You must not use the Vehicle in connection with a felony or other crime (other than a minor traffic violation) or any other illegal purpose whatsoever. Background Check Disclosures A consumer report is a type of background check in which information (which may include, but is not limited to, driver license validity verification; driving reports/background) about you is gathered and communicated by a consumer reporting agency (“CRA”) to Whip Inc, its subsidiaries, affiliates, other related entities, successors, and/or assigns (collectively or individually, as appropriate, the “Company”). Company may obtain a consumer report on you to be used for the purpose of evaluating you as a new or continued driver on the Whip Inc platform, including your application to be eligible to use the platform as a driver. STATE LAW DISCLOSURES In addition to the Background Check Disclosures, below please find state disclosures/notices that may pertain to you. Please note: state disclosures that overlap with the disclosures set forth in the Background Check Disclosures section are not repeated on this separate State Law Disclosures. New York applicants/drivers only: Upon request, you will be informed whether or not a consumer report was requested, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. Your written request should be made to Whip Inc. California, Minnesota, or Oklahoma only: If you would like to receive from (as applicable) the CRA, the ICRA, or the Company, a copy of the background check report that Company may procure, please write to: Whip Inc, Attention Customer Service, 14670 SOUTHLAWN LANE ROCKVILLE MD 20850

WHIPEV PRIVACY STATEMENT Last Updated: November 13, 2020 WhipEV (collectively, “WhipEV” or “we”) provides this Privacy Statement to let you know how we may collect, use, and share your information when you use a WhipEV Car Sharing Vehicle (“Vehicle”) and WhipEV products, services, websites, infotainment systems, social media sites, and mobile applications (collectively, products and services). This Privacy Statement applies to the products and services offered by WhipEV, but excludes products and services with separate privacy statements that do not incorporate this Privacy Statement. Key points about our information practices: Collection We may collect information about you and the Vehicle, such as name, address, driver’s license information, photographic image, vehicle diagnostics, and vehicle location, through your use of our products or services, and others who provide information to us. See below to learn more. Use We may use your information to enable you to register for the service and verify your identity, improve the quality, safety, and security of our products and services, to develop new products and services, and for marketing. See below to learn more. Sharing We may share your information to provide you with products and services, to improve the quality, safety, and security of products and services, to comply with applicable law, to respond to your requests, and to allow recipients to use for marketing or other purposes subject to your consent where required. See below to learn more. Choices You have choices regarding how we use and share your information for marketing and other purposes. See below to learn more. Your Obligations If you use the Vehicle’s infotainment system during your reservation (for example, to input contacts, perform address look-ups, or save map addresses), you are responsible for deleting this information at the end of your reservation. If you do not delete this information, it may be accessible to future WhipEV customers in the Vehicle. Cookies and Tracking We may use cookies and similar technologies to help provide our products and services, understand and customize your preferences, and display relevant advertising. See below to learn more. Third Party Products and Services In connection with our products and services, you may be offered the opportunity to use third party products and services that are not owned or controlled by WhipEV and are governed by separate user terms and privacy statements. See below to learn more. Access and Update You may access your online account to update your information or you may contact us to learn about how to do so. See below to learn more California Privacy Rights California residents have certain rights regarding the personal information we disclose to third parties for their own marketing purposes. See below to learn more. Security measures We maintain reasonable and adequate security controls to protect your information and require our service providers by contract to do the same. See below to learn more. Retention We keep information for as long as necessary to provide our products and services, operate our business, and comply with legal obligations. See below to learn more. Children’s privacy We do not target or knowingly collect any information from children under the age of 13. See below to learn more. International Data Transfers We maintain appropriate protections for cross-border transfers as required by law for international data transfers. See below to learn more. Changes We will notify you of any material changes by posting the updated version of this Privacy Statement and taking other steps as needed. See below to learn more. Contact Us Please contact us by mail, email, or phone with any questions. See below to learn more. INFORMATION WE MAY COLLECT We may collect the following information through your use of the products and services, and otherwise with your consent. We may also collect your information from licensees, affiliates, dealers, partners, service providers, and independent third party sources. The types of your information that we may collect include: Information about you and your accounts with us: such as your name, address, telephone number, date of birth, driver’s license information, photographic image, last four digits of your social security number, e-mail address, login information, enrollment and reservation. information, demographic data, gender, password, PIN, emergency contact information, and billing information, like your credit card number, CVV code and expiration date. Information about the Vehicle: such as license plate number, vehicle identification number (VIN), mileage, oil/battery status, fuel or charging history, electrical system function, gear status, ignition on/off; idle time; and diagnostic trouble codes. Information about the use of the Vehicle, including operational and safety related information: such as GPS location, speed, airbag deployments, crash avoidance alerts, impact data, safety system status, braking and swerving/cornering events, event data recorder (EDR) data, seat belt settings, vehicle direction (heading), trip start/end time and date, camera image and video, sensor data, voice command information, stability control or anti-lock events, security/theft alerts, infotainment system and WiFi usage. Information about your device and how you interact with our products and services, including apps and websites: such as IP address, browser type, device location, unique device identifier, cookie data, associated identifying and usage information from your mobile phone, laptop, or other device, and other device information that you give us consent to access, such as your device photographs, to personalize the WhipEV mobile app experience. HOW WE MAY USE YOUR INFORMATION We may use your information in order to:: provide our products and services improve the quality, safety, and security of our products and services develop new products and services, including autonomous vehicle and car-sharing products and services maintain customer relationships and communicate with you administer your account(s) including verification of your identity process your payments for products and services operate our websites and applications, including online registration processes provide customer and vehicle support and service (for example, recall information, servicing and maintenance or warranty service) provide product and service updates evaluate the quality, safety, and security of our products and services collect outstanding debts relating to products and services, and parking/ moving violations assist in locating or recovering a Vehicle that is missing, reasonably identified as stolen, or being used in an unauthorized manner for research, evaluation of use, and troubleshooting purposes protect the safety of you or others verify eligibility for incentive and discount programs; and to evaluate ongoing program and membership eligibility perform marketing, including interest-based marketing and advertising (with necessary consents) administer your participation in contests, quizzes, surveys, promotions and offers customize and improve communication content and your experience with WhipEV and comply with legal, regulatory or contractual requirements Where required, we will anonymize your information in a way that it can’t reasonably be associated with you or the Vehicle. We may use anonymized information or share it with third parties for any legitimate business purpose. Communications with you in connection with these uses may be via mail, telephone, e-mail, text message and other electronic messages, through the in-vehicle system or via our websites and applications. See “Choices” below to learn how to manage your communication preferences. HOW WE MAY SHARE YOUR INFORMATION We may share your information as follows for the uses described below (and where required we will obtain additional consent or anonymize the information): Emergency Service Providers: With emergency service providers, such as law enforcement, roadside assistance providers, and ambulance providers, in order to deliver related services. Business Partners and Independent Third Parties: With business partners, research institutes, for research and development purposes (for example, improving highway safety), dealers, fleet or rental companies, for service maintenance of the Vehicle, and marketing activities. We may also share data with third parties where you have elected to receive a service from them and authorized them to request data from WhipEV. Service Providers: With our product and service providers who work on our behalf in connection with the above uses, such as wireless service providers (e.g. AT&T), companies that perform eligibility services, such as identity verification to prevent theft and fraud, companies that administer our contests and promotions, host and/or operate our website, send communications, perform data analytics, credit card processors, or system providers necessary to process, store, or manage credit card information (we will not otherwise share your credit card information). Where Required or Permitted by Law: As required or permitted by law, such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others, to detect, investigate and prevent fraud, or to conduct screening to ensure you are not on any government list of restricted parties. Business Transfers: With a prospective or completed sale, transfer, or financing of a part of a business or its assets. YOUR CHOICES You have certain choices regarding how we use and share your information. For example, you can restrict our access to, as well as the collection and sharing of, the location of your mobile device by disabling location-sharing in the settings feature on your device. However, some of the products and services require access to and collection of the location of your device (for example, we require your mobile device’s location to unlock, start and end your reservation and confirm that the Vehicle has been returned to the appropriate location). In addition, vehicle data collection, use, and sharing practices are tied to the products and services we offer. To stop the collection, use, or sharing of information, you may have to decline those products and services or be willing to accept limited functionality. You may also contact us directly, at help@whipev.com, to indicate your contact preferences. We will also provide opt-out instructions in all of our marketing communication channels; for example, an Unsubscribe option will appear at the bottom of all marketing-related emails. If you exercise choice regarding certain marketing communications, your information may still be used for the other purposes described in this Privacy Statement (for example, vehicle support and service), including marketing communications where you have not exercised choice, or communications we are required or permitted by law to send to you (for example, certain types of transactional or account-related messages). For additional information on your choice, please contact us. See “How To Contact Us” below. YOUR OBLIGATIONS If you use the Vehicle’s nfotainment system during your reservation (for example, to input contacts, perform address look-ups, or save map addresses), you are responsible for deleting this information at the end of your reservation. If you do not delete this information, it may remain on the Vehicle’s system and may be accessible to other Vehicle occupants, such as future WhipEV customers. For instructions on how to delete information from the Vehicle, please refer to the Vehicle owner’s manual or contact us. See “How To Contact Us” below. COOKIES AND OTHER TRACKING TECHNOLOGIES WhipEV products and services use cookies, web beacons, pixels, and other tracking technologies (“cookies”) to gather information, such as demographic data, browser type, IP address, pages visited, activities conducted on the page, and the day and time of your visit. We use cookies to measure website activity, remember your preferences, maximize the performance of our website and services, and customize your experience (for example, maintaining your account login or contact information, help you locate a nearby dealer, autofill fields on forms). We may also combine this information with other information collected online or offline about you, including information provided by third-party sources, and it may be used or shared for the purposes described in this Privacy Statement. We may also allow third-party advertising and personalization partners to use cookies on our website in order to develop personalized content and appropriate advertising based on your visits over time on WhipEV websites and applications and non-WhipEV websites and applications. This information may also be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you. Similarly, we may also place cookies in our emails to measure the effectiveness of our email campaigns by identifying the individuals who open or act upon an email message, when an email message is opened, how many times an email message is forwarded, the type of software, device, operating system and browser used to deliver the email and any URL accessed through our email message. Please also refer to your browser Help instructions to learn more about cookies and other technologies and how to manage their use. If you elect to refuse or delete cookies, you will need to repeat this process if you use another computer, or change browsers. If you choose to decline cookies, some of the functionality of a website may be impaired. California Do-Not-Track. At this time, we do not honor website browser's “do not track” signals. However, you may refuse or delete cookies, and otherwise express your choices on marketing issues as described above. THIRD PARTY SERVICES, APPLICATIONS AND WEBSITES Certain third party services or applications (for example, your carrier data plan, navigation services) you download, that are pre-installed, or which you may sign up for may have separate user terms and privacy statements, which are independent of our Privacy Statement. WhipEV is not responsible for the personal information practices of these third-party services or applications. We recommend that you carefully review the user terms and privacy statement of each third-party service or application prior to signing up, downloading, or using them. Similarly, our website may contain links to independent sites outside of and not controlled by WhipEV, such as those belonging to WhipEV dealers, WhipEV licensees, or independent product review sites. WhipEV is not responsible for these sites, their omissions, policies, or content of the websites or for the personal information practices of such third parties. We recommend that you read the privacy policies of these third parties before making a decision to use the site or provide your personal information to the site operators. ACCESS AND UPDATES TO YOUR INFORMATION You can access your online account to view or update your information in that account. You may also contact us, as provided below, to learn about how to access, review, correct, update, or delete the information about you in our records. We may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law. CALIFORNIA PRIVACY RIGHTS If you are a California resident you have the right to request information from WhipEV regarding the manner in which WhipEV shares certain categories of your personal information with third parties, including affiliates, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to WhipEV at its designated address and receive the following information: The categories of personal information Whip disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and The categories of personal information WhipEV disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. See “How To Contact Us” to make a request. HOW WE SAFEGUARD YOUR INFORMATION We maintain reasonable and adequate technical, administrative, and physical security and confidentiality measures designed to help protect your information from unauthorized access or acquisition. We also require by contract (other than in an emergency situations) that third party services providers acting on our behalf or with whom we share your information also undertake to provide such security and confidentiality measures in accordance with industry standards. HOW LONG WE KEEP YOUR INFORMATION We may keep the information we collect for as long as necessary to provide products or services to you, to operate our business, to enable us to communicate with you, for our safety, research, evaluation of use, or troubleshooting purposes, or to satisfy our legal or contractual obligations. Where required, we will anonymize or dispose of the information we collect when we no longer need it for the uses described above. CHILDREN’S PRIVACY WhipEV does not target or knowingly collect any information from children under the age of 13. INTERNATIONAL DATA TRANSFERS We store your information in the United States, the European Economic Area (EEA), and other locations where we or our service providers maintain servers. We provide appropriate protections for cross-border transfers as required by law for international data transfers. With respect to such transfers from the EEA to the United States and other non-EEA jurisdictions, we implement standard contractual clauses and other mechanisms to protect such data. CHANGES TO THIS PRIVACY STATEMENT We may need to update this Privacy Statement from time to time as our business and products or services expand or change, or as required to by law. If we do, we will post the updated version of the Privacy Statement on our website, and ask for your consent to the changes if legally required. YOUR CONSENT By using the products and services, you are consenting to our processing of your information as set forth in this Privacy Statement now and as amended by us. “Processing,” means using cookies on a computer/hand-held device or using or touching your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S., your information will be transferred to the U.S. and processed and stored there under U.S. privacy standards.