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CHARGEPOINT® <br />MASTER SERVICES AND SUBSCRIPTION AGREEMENT <br />IMPORTANT: THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT IS A 'LEGAL AGREEMENT <br />BETWEEN YOU OR THE CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY YOU REPRESENT <br />("SUBSCRIBER") AND CHARGEPOINT, INC., A DELAWARE CORPORATION ("CPI"). PLEASE READ IT <br />CAREFULLY. BY USING ANY OF THE CHARGEPOINT SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS <br />AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE ANY <br />CHARGEPOINT SERVICES. <br />IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP OR, <br />OTHER LEGAL ENTITY, THAT ENTITY REPRESENTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY <br />TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND SUCH ENTITY TO <br />THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER INTO THIS AGREEMENT AND SUCH ENTITY MAY <br />NOT USE THE CHARGEPOINT SERVICES. <br />1. AGREEMENT. <br />1.1 SCOPE OF AGREEMENT. This Agreement governs the following activities: <br />any; <br />(a) Provisioning of Subscriber's Charging Station(s),,if any, on ChargePoint; <br />(b) Activation and use of the ChargePoint Services on Subscriber's Charging Station(s), if <br />(c) Subscriber's use of the APIs as part of the ChargePoint Services; <br />(d) Each grant of Rights by Subscriber; and <br />(e) Each grant of Rights by a third party to Subscriber. <br />1.2 EXHIBITS AND PRIVACY POLICY. This Agreement includes the CPI Privacy Policyas <br />amended from time to time, and the following Exhibits, Which are made_ a part of, and are hereby <br />incorporated into, this Agreement by reference. <br />Exhibit 1: Flex Billing Terms <br />Exhibit 2: API Terms <br />Exhibit 3: Terms Regarding'Granting and Receipt of Rights <br />In the event of any conflict between the terms of this Agreement on the one hand, and the Privacy <br />in any Exhibit or the Privacy Policy shall have the same meaning as in this Agreement. <br />2. DEFINITIONS. The following terms shall have the definitions set forth below when used d_ in this <br />Agreement: <br />2.1 "AAR/late" means any entity which directly or indirectly controls, is controlled by, or is <br />under common control with the subject entity., "Control", for purposes of this definition, means direct or <br />indirect ownership or control of fifty percent (50%) or more of the voting interests of the subject entity. <br />2.2 "APIs" rneans,.individually or collectively, the application programming interfaces which <br />are made available to Subscriber from time to time, as and when updated by CPI. <br />2.3 "ChargePoint Connections" shall have the meaning ascribed to it in'the applicable data <br />sheet. The term ChargePoint Connections shall also mean any successor service provided by CPI. <br />76x§ <br />