RIDER APP TERMS OF USE

TERMS OF USE EFFECTIVE JANUARY 9, 2026

1.0 INTRODUCTION

a. Scope

The following terms of Use ("Terms of Use"), govern the access or Use by you (hereinafter referred to as the "User" or "You") of the website, proprietary software applications, and Rider App of SUN Swap Mobility (Kenya) Limited ("Company") accessed or used via any smart phone handset, tablet or other electronic or communication device.

b. Binding Agreement

By accepting the terms herein, or by downloading, accessing, viewing, or using the Rider App, You agree to be bound by these Terms of Use and they constitute Your binding, legal obligations towards the Company. These Terms of Use may be modified at any time by the Company, and such changes will be published on the Company's website. You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by reviewing the Terms of Use from time to time. If You do not agree to the Terms of Use, You should not access, view, or use the Apps.

c. Definitions

Following are the definitions of user and user information:

• Use or Used: means to directly or indirectly access, activate, execute, utilise or employ the functional and processing capabilities of the Rider App or otherwise utilise the Rider App.
• User Information: means any information, image, file, list, web-link or such other material that is uploaded, entered, generated or encountered by You through Use of the Rider App.

2.0 LICENSE TO USE

We grant You a limited, non-exclusive, non-transferable, revocable license to use the Rider App for availing the battery swapping services ("Services") from the Company subject to a valid and subsisting battery rental services agreement between You and the Company ("Agreement"). You may not copy, modify, or distribute the App without prior written consent from Company.

3.0 USER RESPONSIBILITIES

a. Account Set-up

• i. To Use the Rider App, You may have to register for and maintain an account (Account). Account registration may require You to submit certain information such as Your name, email address, identification number/details, mobile phone number, any unique identifier that may be issued to You by the Company in case of an individual or organization details and associated information in case You are a legal entity other than an individual.
• ii. You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in Your inability to access and use the Rider App and/or result in suspension of the Account. You are responsible for all activity that occurs under Your Account, and You agree to always maintain the security and secrecy of Your Account username and password. You acknowledge and agree that You shall be liable for all consequences and liabilities arising out of any misuse of Your Account.
• iii. You hereby consent that any information submitted by You for Account set-up may be used by the Company in accordance with the Privacy Policy and the Agreement which is deemed to be part of these Terms of Use.

b. Account Security

You are responsible for maintaining the confidentiality of Your account credentials. You must notify us immediately if You suspect any unauthorized use of Your account.

c. Accurate Information

• i. You represent that You have the rights and authorizations required to upload, generate, or publish all User Information through the Use of the Rider App.
• ii. All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy (which is deemed to be part of these Terms of Use).
• iii. You agree that the User Information uploaded by You can be used and viewed by other third parties authorised by the Company to access and use the Rider App.

4.0 PERMITTED USES

• a. You are permitted to use the Apps in accordance with these Terms of Use and the Agreement entered into with the Company.
• b. You will use the Apps in accordance with all applicable laws and regulations.
• c. You acknowledge and agree that You shall at all times hold and maintain (i) a valid driver's license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by You, and (ii) registration, permits, approvals and authorisations from a government authority, if applicable, for Your vehicle that are necessary to provide services.

5.0 PROHIBITED CONDUCT

In relation to the Use and access of the Rider App, You agree and undertake not to:

• a. misuse the Apps or Your Account;
• b. fail to comply with these Terms of Use;
• c. commit any prohibited or illegal act or omission while using the App;
• d. infringe of intellectual property rights;
• e. upload any unlawful or harmful content;
• f. violate or not adhere to applicable laws; and
• g. hold the Company responsible or liable for resolving any disputes arising between You and any third party in connection with the usage of the App.

6.0 PAYMENTS AND FEES

• a. You agree to pay all fees and charges incurred in connection with Your use of the Services in accordance with the Agreement.
• b. Payments are processed through a third-party payment processor, and we do not store payment information.
• c. Refunds may be requested if the Services are not provided or if You have been overcharged.
• d. You may request a refund by e-mailing the Company at SMKSupport@sunmobility.com, and the refund will be processed and added to the customer's wallet within fifteen (15) working days of confirmation of refund.

7.0 SERVICE AVAILABILITY

• a. While we aim to ensure that the App is available 24/7, we do not guarantee uninterrupted service. We may suspend or terminate access to the App at any time without notice, particularly in cases of maintenance or emergencies.
• b. We may remotely login to the App to troubleshoot in case there are issues being faced in the App.
• c. Company also holds the right to disable User login in case concurrent login attempts are identified under same User credentials.

8.0 INTELLECTUAL PROPERTY

You agree and understand that:

• a. the Rider App including but not limited to the information, logos, designs, databases, the arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons incorporated therein are the sole property of the Company or its licensors. All intellectual property in and to the Apps and its contents and functionalities shall vest solely with the Company or its licensors.
• b. save for the limited right to access and Use the Rider App in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Rider App or any of its contents and functionalities.
• c. You have no right to make any copies of the whole or part of the Rider App.

9.0 LIMITATION OF LIABILITY

The Company shall not be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however, caused, whether or not it has been advised of the possibility of such damages. You acknowledge that the Rider App are being provided to You on an "as-is" basis and You have chosen to Use the Rider App at Your own risk. The Company does not provide any guarantee or assurance regarding the quality, availability, or outcomes of any services accessed or availed by You through the Apps.

10.0 TERMINATION

The Company reserves the rights to terminate Your access to the App at any time if You are in breach of these Terms of Use or the Agreement. You acknowledge the Company's rights set out in this Section and waive any claim that You may have arising from such termination. Notwithstanding the termination of Your access to the App, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.

11.0 FORCE MAJEURE

In no event shall the Company be liable for failure or delay that is caused by strike, riot, fire, flood, natural disaster, pandemic/epidemic, government restrictions or other similar cause beyond the Company's control.

12.0 WAIVER

No waiver of any provision of these Terms of Use shall be binding on the Company unless executed and notified by the Company in writing to You. No waiver of any of the provisions of these Terms of Use by the Company shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver.

13.0 ENTIRE AGREEMENT

These Terms of Use read along with the Privacy Policy shall constitute the entire agreement between You and the Company for Your access and Use of the Rider App.

14.0 SEVERABILITY

If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

15.0 GOVERNING LAW

The Terms of Use is governed by the laws of Kenya (without regard to its conflict of laws principles). You irrevocably consent to the exclusive jurisdiction of the competent courts located at Nairobi, Kenya, for all disputes arising out of or relating to the Terms of Use.

16.0 CHANGES TO TERMS

We may update these Terms and Conditions periodically. When we do, we will notify You by posting the new version in the app and updating the "Effective Date."

17.0 CONTACT INFORMATION

If You have any questions or concerns about this Terms of Use, please contact us at SMKSupport@sunmobility.com or 0800722530.