PUBLIC OFFER AGREEMENT FOR THE PROVISION OF SERVICES TO PROVIDE ACCESS TO THE AMIGO SHARING POINT SERVICE

Chisinau Municipality. This public offer agreement is addressed to the Contractor - S.R.L. "Balion Mobility", ID NO 1025600024666, legal address MD-2062, Independentei Street, Building 54/1, Apt. (Office) 8, Chisinau Municipality. Chisinau, Republic of Moldova, tel. +373 78051131, email: balion.mobility@gmail.com, represented by Balion Nicolae, the manager, acting under the Charter, to any legally competent individual or legal entity (Customer) who meets the requirements of this Agreement and wishes to access the amiGO Sharing Point service for the purpose of car-sharing their vehicle through the amiGO carsharing mobile app (amiGO car) for amiGO car car-sharing users or through the amiGO bike sharing mobile app (amiGO bike) for amiGO bike-sharing users.

1. TERMS AND DEFINITIONS

1.1. The amiGO carsharing/amiGO bike sharing mobile app (for the Customer) is an electronic application (program) for a mobile device that allows the Customer to place their vehicle on the amiGO car/amiGO bike sharing service, receive information about the location of their vehicle, receive information about the use of their vehicle by users of the amiGO car/amiGO bike sharing service, access their online account, and perform other actions arising from this Agreement and the amiGO Car Sharing Agreement.

1.2. The amiGO carsharing/amiGO bike sharing mobile app (for the User) is an electronic application (program) for a mobile device that allows the use of the amiGO car or amiGO bike sharing service, as well as perform other actions arising from this Agreement and the amiGO Car Sharing Agreement.

1.3. Sharing is a vehicle rental (temporary use) service that includes the vehicle itself, taxes, vehicle wash costs, and vehicle charging/refueling costs at specified rates.

1.4. Website - a collection of information about the amiGO Sharing Point service and sharing services, stored on the server and available online at www.amigosharing.md. The Website allows the Customer to review this Agreement and the amiGO Sharing Point Service Terms of Use through the amiGO car/amiGO bike app, as well as the ability (subject to Customer Registration and Authorization in the amiGO car/amiGO bike Mobile App) to perform actions arising from the Agreement and provided for by the app's functionality.

1.5. The amiGO Sharing Point Service is the scope of services provided by the Contractor to the Customer, including information and electronic services and rights to use the website, the amiGO car/amiGO bike mobile app, vehicle listing in the mobile app, services for arranging the remote transfer of the Customer's vehicle for sharing (temporary use) to the User or Client, and other services stipulated by this Agreement.

1.6. User or Client - an individual or legal entity using 2-sharing.

1.7. Vehicle - any vehicle (car, moped, electric scooter, e-bike, electric scooter, etc.) owned by the Customer or for temporary use (with the right to transfer the use to third parties), the individual characteristics of which are specified by the parties in the Application for vehicle registration for carsharing.

1.8. The Contractor is a legal entity that provides the Client with access to the amiGO Sharing Point service for the purpose of sharing their vehicle through the amiGO car/amiGO bike mobile app for amiGO car/amiGO bike sharing users, as well as other functions to ensure the operation of the sharing service and the ability of Users to obtain vehicles. These services are provided both by the Contractor itself and through third parties engaged at the Contractor's discretion.

1.9. Client - an individual or legal entity that shares a vehicle with the sharing service by joining this Offer Agreement by signing an application.

1.10. An Application is a document executed by the Parties that sets forth the essential terms and conditions for accessing the amiGO Sharing Point service for the purpose of sharing one's vehicle through the amiGO car/amiGO bike mobile app for amiGO car/amiGO bike sharing users. The terms and conditions for joining the vehicle to the sharing service agreed upon by the Parties include the date, individual vehicle characteristics, cost of services, terms of cooperation, and other terms and conditions. The Application is an integral part of this Agreement. The Application is considered accepted, and the Public Offer Agreement for the provision of services for access to the amiGO Sharing Point service is concluded only after the Application has been approved by the Contractor through activation.

2. SUBJECT OF THE AGREEMENT

2.1. Under this agreement, the Contractor, either independently or through third parties, undertakes to provide the Customer with access to the amiGO Sharing Point service for the purpose of sharing their vehicle through the amiGO car/amiGO bike mobile app for amiGO car/amiGO bike sharing users. The Contractor also undertakes to provide information and electronic services to the Customer by posting information about the Customer's vehicle in the amiGO car/amiGO bike mobile app and on the Website for the purpose of using the Customer's vehicle for sharing under the terms of the amiGO car/amiGO bike service, in the manner and under the conditions specified in this Agreement. The Customer undertakes to accept and pay for these services.

2.2. Evidence of the Contractor's proper provision of services under this Agreement is the ability to use the Customer's vehicle in the amiGO car/amiGO bike service.

2.3. This Agreement must be accompanied by an Application, completed and signed by the Customer, which sets forth the essential terms of the Agreement, including payment.

2.4. The Contractor reserves the right to amend or supplement the terms of this Agreement at any time. The current version of the Agreement is always available on the Contractor's website at www.amigosharing.md/contract.

2.5. The subject of this Agreement is not the rental (temporary use) of the Customer's Vehicle.

2.6. By fulfilling this Agreement, the Customer transfers the Vehicle for rental (temporary use) directly to the User (Client) of amiGO car/amiGO bike sharing via the amiGO car/amiGO bike Mobile App.

3. CORPORATE STYLE ON THE VEHICLE, RECOGNITION SIGNS

3.1. Advertising and informational stickers and other materials may be applied to vehicles authorized for service by the Contractor or the Customer, as directed by the Contractor, subject to mandatory compliance with the Contractor's corporate identity.

3.2. The corporate identity consists of the application of amiGO brand stickers, as well as the Contractor's phone number and QR code, to the front doors, trunk, and other parts of the vehicle.

3.3. The parties determine the type of stickers to be displayed on the Customer's vehicle, or whether they will not be displayed at all.

3.4. During the term of this agreement, the Customer is prohibited from placing any third-party advertising or information on the vehicle. However, the Contractor is granted the right to place advertising and/or informational stickers on the Customer's vehicle in accordance with the option selected in paragraph 3.3 without further approval from the Customer.

4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

4.1. The Contractor is obligated to:

4.1.1. Provide the Client with access to the amiGO Sharing Point service for the purpose of sharing the Client's vehicle through the amiGO car/amiGO bike mobile app with amiGO car/amiGO bike sharing users.

4.1.2. Post information about the Client's vehicle in the amiGO car/amiGO bike Mobile App and on the Website.

4.1.3. Facilitate, by maintaining and updating relevant information, the use of the Client's vehicle in sharing services under the terms of the amiGO car/amiGO bike Service.

4.1.4. Transfer funds received from Users for their use of the Customer's vehicle to the Customer, with the exception of amounts retained by the Contractor to pay for the Contractor's services under this Agreement and to reimburse the Contractor's expenses incurred to support the Users' use of the Customer's vehicle in a shared vehicle arrangement under the amiGO car/amiGO bike Service (bank fees, taxes, etc.).

4.1.5. Arrange for the installation (by facilitating the conclusion of relevant agreements with third parties) on the Vehicle and configure the necessary equipment purchased by the Customer to enable the vehicle to operate within the amiGO car/amiGO bike Service.

4.1.6. Provide the Customer with access to the online account and, monthly from the 20th to 4:30th of each month, provide the Customer with a report on vehicle use and expenses for the previous month, from the first to the last day of the previous month, in the form of a Certificate of Services Rendered or in another form. The provision of a report by the Contractor shall include, but not be limited to, reflecting the data specified in this clause in the online account.

4.1.7. If necessary and desired by the Customer, offer third-party services for routine vehicle maintenance and repairs, insurance, etc.

4.2. The Contractor has the right:

4.2.1. Terminate the provision of services under this agreement at any time without compensation to the Customer, by notifying the Customer thereof no later than the business day following the day of suspension of services.

4.2.2. Withhold from funds due to the Customer the amounts due to the Contractor for services under this agreement.

The Contractor's expenses, as specified in Section 4.1.4. of this Agreement, are not covered by any amounts.

4.2.3. Unilaterally reduce the amount of its remuneration, as provided for in Section 5.1, without notifying the Customer.

4.3. The Customer is obligated to:

4.3.1. Accept the services provided and/or rendered by the Contractor under this Agreement.

4.3.2. Pay the Contractor, as specified in Section 5.1. of this Agreement, promptly and in full.

4.3.3. Purchasing, at the Contractor's recommendation, at its own expense, and transferring to the persons responsible for installing the equipment for subsequent installation on the Vehicle, the necessary equipment from the list determined by the Contractor.

4.3.4. Pay the Contractor and/or third parties promptly and in full for the installation and configuration of the equipment on the Vehicle.

4.3.5. Ensure, at their own expense, that the Customer maintains Compulsory Motor Third-Party Liability Insurance (CMTPLI) for damage caused by motor vehicles to third parties for the entire period of use of the Customer's vehicle in the amiGO sharing system. This CMTPLI must include a provision that the insurance also covers insured events occurring when the vehicle is leased or otherwise transferred to third parties (users or clients).

4.3.6. Ensure, at their own expense, that the vehicle is equipped with sets of winter or summer tires (depending on the season) for use in different seasons.

4.3.7. In the event of termination or expiration of this agreement, remove, at their own expense, all Contractor advertising and inscriptions about the Contractor from the Vehicle no later than the second day of this agreement's term.

4.3.8. Independently perform inspection, maintenance, and repairs of the vehicle.

4.3.9. Independently report traffic accidents involving the Customer's vehicle to the police, insurance companies, and other agencies. 4.3.10. Independently participate in the resolution of disputes with Users, government agencies, the police, and insurance companies arising in connection with the use of the Customer's vehicle by amiGO sharing Users.

4.3.11. Independently provide information (statements) to the competent authorities regarding Users who have violated traffic regulations and other applicable laws.

4.3.12. Independently retrieve the Vehicle from impound lots.

4.4. The Customer has the right to:

4.4.1. Receive information on the progress of this Agreement.

4.4.2. Terminate and terminate the Agreement at any time and request the vehicle be disconnected from the sharing service, subject to the condition that any third parties (Users or Clients) cease using the vehicle.

4.4.3. Access the online account and receive monthly reports on vehicle usage in the service, as well as existing expenses related to the Vehicle.

5. SERVICES UNDER THIS AGREEMENT

5.1. The following services are provided by the Contractor to the Customer and are included in the fee stipulated by paragraph 6.1 of this Agreement and the Application:

5.1.1. Providing the Customer with access to the amiGO Sharing Point service for the purpose of sharing the Customer's vehicle through the amiGO car/amiGO bike mobile app for amiGO sharing users.

5.1.2. Listing the Customer's vehicle in the amiGO car/amiGO bike mobile app and/or on the Website and offering it on behalf of the Customer for rides by Users;

5.1.3. Support for Users using the Customer's vehicle, recording violations, complaints, and suggestions, and forwarding these messages to the Customer and/or persons designated by the Customer as responsible persons via the online account, application, and bots;

5.1.4. Debiting compensation and fines from the User's account, including those automatically recorded for vehicle towing and other violations. 5.1.5. Debiting compensation and losses not covered by insurance from the User's account, namely: theft of wheels, rims, and damage to tires and/or rims not caused by a road traffic accident (hereinafter referred to as an accident).

5.1.6. Monitoring insurance expiration dates and assistance in purchasing CASCO and OSAGO insurance policies.

5.2. The following services are not included in this Agreement, but may be provided under a separate agreement by the Contractor and/or third parties:

5.2.1. Vehicle wash, dry cleaning, and/or delivery of the vehicle for the specified procedures;

5.2.2. Vehicle maintenance, both scheduled and unscheduled, including delivery of the vehicle for the specified procedures;

5.2.3. Vehicle repair, including post-accident repairs, spare parts sourcing, vehicle organization and storage;

5.2.4. Visits to the scene of accidents, towing areas, impound lots, for Repairs, assessments, travel, and delivery of vehicles, spare parts, etc.

5.2.5. Vehicle charging/refueling, etc.

5.2.6. Submission and processing of written applications, complaints, and expert assessments for the organization of payments under OSAGO and CASCO insurance;

5.2.7. Write-off/recovery of funds from Users and third parties, within the amount established by the agreement (deductible), which is not reimbursed by the insurance company;

5.2.8. Payment for city parking;

5.2.9. Guarantee of payment of fines and compensation through the provision of additional risk insurance;

5.2.10. Storage of tires and wheels;

5.2.11. Seasonal tire fitting;

5.2.12. Other services not listed in paragraph 5.1 of this Agreement.

6. PAYMENT PROCEDURE AND TERMS

6.1. The amount of the Payment to the Contractor under this Agreement is determined in the Application, which is signed by the Client.

6.2. The cost of Services for the User is determined based on the Contractor's current Tariffs, specified in the Appendix and posted on the Contractor's website: www.amigocar.md/prices www.amigobike.md/prices . The cost of the Contractor's Services to the Client under this Agreement may not be less than 21% of the cost of trips actually paid by the User(s), and not less than 15.00 (fifteen) euros per month per vehicle, whichever is greater.

6.2.1. Payments to the Client are calculated and made exclusively based on trips actually paid for by the Users. Trips provided to Users free of charge (including through promo codes, bonuses, promotions, or other marketing programs) are not included in the calculation of payments to the Client and are not subject to payment. If a trip is partially paid, payments to the Client are made only for the portion actually paid. Users' outstanding balances for trips (the unpaid portion) are not included in the calculation of payments and are not subject to payment to the Client until they are actually received.

6.3. The Contractor reserves the right to unilaterally amend the Rates at any time by notifying the Client by posting the relevant information in the application and/or on the Contractor's website.

6.4. The Contractor will credit the Client with the amount of funds minus expenses and its remuneration (the cost of the Contractor's services) between the 20th and 30th of each month for the previous month (the period from the 1st to the last day of the previous month). If the Client pays the Contractor for services, the Client shall credit the remuneration and reimburse the Contractor for expenses from the 20th to the 30th of each month for the previous month (the period from the 1st to the last date of the previous month).

7. CONFIDENTIALITY AND ETHICAL PRINCIPLES OF COOPERATION

7.1. The Contractor and the Client will show mutual respect and will refrain from actions that could directly or indirectly cause damage and/or harm the business reputation of the Contractor.

7.2. In order to maintain high ethical principles of cooperation, the Client undertakes, during the term of this Agreement and for three (3) years after its termination, to refrain, and to ensure that persons associated with the Client do not do the following: 7.2.1. Disclosing information about participation as a party to this Agreement to a third party;

7.2.2. Disclosure of information about the terms of this Agreement and the Application to a third party;

7.2.3. Disclosure of the financial results of cooperation and/or the methods and terms of settlements between the Customer and the Contractor and/or their related parties to a third party;

7.2.4. Disclosure of any information about the make, model, and technical parameters of the equipment required for the operation of the vehicle in the amiGO service, as well as the systems and mechanisms for the installation and location of such equipment;

7.2.5. Placing any advertising or messages on the Vehicle without the prior written consent of the Contractor.

7.3. Any information directly or indirectly related to this Agreement is deemed confidential. The Contractor and the Customer are obliged to ensure the confidentiality of all data received by them during the term of this Agreement and for 3 (three) years after its termination.

7.4. In the event of a breach by the Parties of the terms of paragraphs 7.1, 7.2, and 7.3. In the event of a breach of this Agreement, the Party in breach shall be obligated to pay the other Party a fine in the amount of 50,000 (fifty thousand) lei for each instance of breach. The fine may be deducted by the Contractor from the funds payable to the Client if the Client is the guilty party.

7.5. The Client is responsible for the safety of confidential information from third parties and bears the associated risks.

8. LIABILITY OF THE PARTIES

8.1. For all matters not regulated by this Agreement, as well as in resolving disputes arising during its execution, the Parties shall be guided by the current legislation of the Republic of Moldova.

8.2. The Client is responsible for any of its actions and/or inactions, both intentional and unintentional, as well as for any

The actions and/or inactions of persons using their credentials related to the posting and/or dissemination of information on the Internet, access to third-party resources through the use of the Contractor's resources, which have resulted and/or may result in a violation of any legislation of the Republic of Moldova, as well as for any damage caused by the aforementioned actions and/or inactions to the Contractor and third parties. The Contractor shall not be liable for such actions and/or inactions of the Client or persons using their credentials, or for the consequences of such actions and/or inactions.

8.3. The Client shall be liable for any illegal actions and/or inactions of the Client and/or persons using their credentials that result in any damage to the Contractor, including loss of business reputation, and shall compensate the Contractor for losses.

8.4. The Contractor shall be liable to the Client only to the extent of the Services paid for but not rendered. The Contractor shall bear no financial liability to the Client and shall not refund to the Client any funds paid under this offer if the Services were not rendered due to the Client's fault, in particular due to a breach of the terms of this Agreement.

8.5. The Contractor shall not be liable for any failure to perform or improper performance of obligations under the Agreement, or any possible damage arising from: illegal actions of Internet Users aimed at violating information security or the normal functioning of the Website; failures in the operation of applications or the Website caused by code errors, computer viruses, and other extraneous code fragments in the software of applications or the Website; absence (inability to establish, termination, etc.) of Internet connections between the Client's server and the server of applications or the Website; implementation by government agencies and other organizations of measures within the framework of operational-search activities; Establishment of state regulation (or regulation by other organizations) of the economic activities of commercial entities on the Internet and/or the imposition by said entities of one-time restrictions that hinder or make impossible the performance of the Agreement; other cases related to the actions (inactions) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of the Agreement.

9. CUSTOMER'S STATEMENTS

9.1. The Customer has read and agrees to the terms of this Agreement and the Contractor's Tariffs posted in the application and/or on the Internet at: https://amigosharing.md/amigocar/en https://amigosharing.md/amigobike/en.

9.2. The Customer undertakes to regularly check the Contractor's Website for changes to the Tariffs and may not claim ignorance of such changes.

9.3. The Customer agrees that they may not claim failure to properly fulfill their obligations under the Agreement, or failure to receive Services from the Contractor, or refuse the Contractor's Services based on disagreement with the Terms of this Agreement or the Tariffs, unless they are formally documented in writing and signed by both Parties.

9.4. The Customer unconditionally agrees and acknowledges that statistical data on the Customer's receipt of the Service, generated by the software of the Contractor's applications or Website, constitutes sufficient and valid proof of the provision of any Service rendered by the Contractor through the Contractor's applications or Website.

9.5. The Customer agrees to receive informational messages about events in the Customer's company and the Customer's services, as well as other information, including advertising, from the Contractor (at any time and without prior notice to the Customer) via the email address specified by the Customer upon registration on the Website and the email addresses of the Customer's employees/representatives who have Account Data in the applications or on the Website.

9.6. The Customer confirms their agreement that the fact of issuing a command (clicking or pressing a key, entering information, etc.) through the Registration Data provided by the Contractor on the Contractor's Website or applications using the Customer's Account Data constitutes the Customer's implied actions to authorize, approve, determine the content, cost, and timing of the Services, or perform other actions associated with the Customer (all actions performed using the Customer's Account Data are the actions of the Customer themselves, which is indisputable evidence of the Customer's expression of intent to perform these actions).

10. PERSONAL DATA PROTECTION

10.1. If the Contractor receives Personal Data from the Client under this Agreement, the Contractor undertakes to process the Personal Data strictly in accordance with the principles and rules for processing personal data stipulated by the legislation of the Republic. Moldova.

10.2. The Client transfers personal data to the Contractor for the purpose of providing the Services specified in this Agreement and instructs the Contractor to process such data, either with or without the use of automated means, including the collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (provision, access), depersonalization, blocking, deletion, and destruction of personal data.

10.3. The Contractor ensures compliance with all legal requirements and other regulatory legal acts of the Republic of Moldova regarding the processing and transfer of personal data of individuals received from the Client.

10.4. The Contractor uses personal data received from the Client only for the purpose of providing the Services under the Agreement.

10.5. The Client is obliged to comply with all legal requirements and other regulatory legal acts regarding the processing and transfer of personal data of individuals transferred to the Contractor. All personal data received by the Contractor from the Client is deemed to have been obtained lawfully and in compliance with the provisions of personal data legislation. The Client acknowledges that any violation of the personal data handling procedure does not impose any liability on the Contractor and deprives the Client of the right to make claims against the Contractor for such violation of the personal data regime, unless such violation was committed by the Contractor, provided that the Client complies with all requirements of current personal data handling legislation.

11. Term and Termination of the Agreement

11.1. The Agreement shall enter into force upon acceptance of the Application and this offer in accordance with the terms of this Agreement. The Agreement is concluded for a term of 3 (three) years from the date specified in the Application

11.2. If neither party notifies of termination one month prior to the expiration date of the Agreement, the Agreement shall be deemed extended for one year.

11.3. Early termination of the Agreement is possible:

11.3.1. By mutual agreement of the parties,

11.3.2. Subject to the destruction of the vehicle that was placed in the service,

11.3.3. By decision of one of the parties, subject to the terms and conditions specified in this Agreement.

11.4. In case of early termination of the Agreement at the initiative of the Client:

11.4.1. The Client is obliged to notify the Contractor of such decision at least 24 hours in advance. 11.4.2. The vehicle cannot be removed from the service provided that it is in the Client's possession.

11.5. The Agreement is considered concluded upon the transfer of the signed Application by the Client to the Contractor.

12. Dispute Resolution

12.1. All disputes and disagreements that may arise between the Parties and arising out of or in connection with this Agreement will be resolved through negotiation. In case of failure to reach an agreement on the disputed issues through negotiations within 30 (thirty) calendar days from the receipt of a written claim, the disputes shall be resolved in the appropriate court in accordance with the current legislation of the Republic of Moldova.

12.2. Contractor S.R.L. “Balion Mobility SRL”, IDNO 1025600024666, 13. DETAILS legal address MD-2062, Independentei str., Republic of Moldova, IBAN MD63AG000000022586864802 BC "MAIB" S.A., bank code AGRNMD2X, tel. +373 78051131, email: balion.mobility@gmail.md 54/1, apt. (office) 8, Chisinau municipality,