TERMS AND CONDITIONS OF SERVICE

Legal Agreement - Effective Date: OCT 10, 2012

Please read this Driivz Account Agreement carefully. By opening a Driivz Network account and/or using the Driivz payment tools, you agree to the following terms:

General: Driivz Holding LTD ("Driivz") is in the business of, among other things, collecting, on behalf of station hosts ("station hosts") of charging stations for electronic vehicles, fees charged to users by such station hosts for access to their charging stations. By entering into this Driivz Account Agreement ("Agreement") with Driivz, you may purchase one or more radio frequency identification card(s)or IVR or SMS or Smart Phone based charging application known as "Driivz payment tools" that will permit you access to any charging stations on the Driivz Network (each "Driivz Network Enabled Charging Station") that you are authorized to use. This Agreement accompanies and is part of each Driivz Network Account Application. By submitting an Driivz Network Account Application, you acknowledge and consent to the terms of this Agreement.

You Agree to:

Pay all the fees ("Session Fees") for access to a charging station initiated in any manner, including, without limitation, with your Driivz payment tool(s), remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology.

Use your Driivz payment tool(s) solely in accordance with instructions provided to you upon receipt of your Driivz payment tool(s).

Obey all applicable laws and regulations, as well as the policies and regulations of the owner of the Driivz Network Charging Station and/or the owner of the property on which the Driivz Network Charging Station is located.

Promptly review your statement and notify Driivz Network Charging Station Customer Service of any questions regarding session fees. Fees not questioned within 30 days of notice will be deemed valid.

Report to Customer Service any changes to your name, email address, mailing address, telephone number, and any applicable credit card information, including, without limitation the applicable credit card number, expiration date and billing address when that new information is first known. (See contact information below). You remain liable for all Session Fees billed to your account until you have notified Driivz Network Customer Service of any changes in your Driivz payment tool(s) or until you have cancelled your profile.
Interoperability with the Driivz Network BillingTM System:: Your Driivz payment tool may be used to pay Session Fees on any Driivz Network Charging Station. When using your Driivz payment tool for payment of Session Fees, your card will be read by the applicable Driivz Network Charging Station and a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured by the station hosts. It is your responsibility to be aware of the price charged by the station hosts for access to the applicable Driivz Network Charging Station. If you use, or allow another person to use, your Driivz payment tool on one of the Driivz Network Charging Station, you agree to pay the fees specified by the station hosts. You agree that Driivz Network Charging Station may share with the station hosts any information contained in this Driivz Network Account Agreement for purposes of processing and collecting session fees, and enforcing Network policies.

Minimum Account Balances, Fees and Charges When creating your account, you may choose the option of using your Driivz RFID Card (s) at only those stations which have been designated as free by the respective station hosts, in which case no prepaid account balance is required. If you choose this option ("free only"), then you agree to use your Driivz RFID Card (s) only at free stations. Alternatively, you may choose to use your Driivz RFID Card (s) at any stations, free or "for fee", in which case you agree to maintain your prepaid account balance as described in this Agreement.

Your account will be charged an initial prepaid balance in an amount, no less than 25, to be determined by you. In addition, you authorize Driivz to replenish your account, through a charge to your credit card, to an amount equal to the greater of (i) your initial prepaid balance or (ii) your average monthly fees each time your account balance falls below your replenishment threshold (initially 15).

You agree that your replenishment amount and replenishment threshold are both subject to change based on your average monthly usage.

You agree to waive all interest or other benefits, if any, that may accrue on any prepaid balances in your Driivz RFID Card.

In the event that the balance in your Driivz RFID Card cannot be replenished because payment on your credit card is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, Driivz may close your account and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at Driivz's sole option, all fees, costs or other expenses (including, without limitation, reasonable attorney's fees) incurred by Driivz in connection with its collection efforts.

Driivz RFID Card:

If an Driivz RFID Card fails to operate for reasons other than abuse or improper use and is returned to the Driivz Network Customer Service Center, Driivz will replace that Driivz RFID Card at no charge.

You agree that your Driivz payment tool(s) usage may be used by the Driivz Network to analyze averages, trends, and other anonymous patterns of usage, as per the Driivz Network Privacy Policy. See https://www.Driivz.com/privacy.com for further details.

Using the Driivz Network Website/Portal:

You may access and use Driivz's Network Website to obtain information regarding Driivz Network Enabled Charging Station locations, trip mapping and other content and features Driivz may make available through that site. Use of the Driivz Network Website is subject to Driivz's website terms and conditions [http://www. Driivz.com/legal.com]. You are responsible for all use of the Driivz Network Website and under your user name and/or by use of your password. You acknowledge and agree that Driivz may modify the Driivz Network Website in any way and at any time, with or without notice. You further acknowledge and agree that, while Driivz has attempted to provide accurate information on the Driivz Network Website, such information may change frequently and in no event will Driivz be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Driivz Network Website, or that any such information, materials, or other content is the most up-to date.

TerminationEither Party may terminate this Agreement at any time and for any reason. If Driivz requests, or if you wish to terminate this Agreement, you must return all of your Driivz payment tool(s) and or Driivz RFID Cards to Driivz Network Customer Service. Upon termination and your return of your Driivz RFID Card(s), your account balance will be refunded to the credit card on file with your account within thirty (30) days of Driivz's receipt of your Driivz RFID Card (s). Following any termination, you remain responsible for payments owed under this Agreement or any other agreement. If your account balance is insufficient to cover outstanding charges, you will remain liable for all such amounts. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties and you may be subject to collection actions for any unpaid balance.

Changes: Driivzreserves the right to change the terms of this Agreement at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with Driivz. You will be deemed to have received such notice ten (10) days after that notice is sent. You agree to all changes when you use your Driivz payment tool(s) after that date

DISCLAIMER OF WARRANTIES: YOUR USE OF THE Driivz PAYMENT TOOL(S) IS AT YOUR SOLE RISK. THE Driivz PAYMENT TOOL(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Driivz EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Driivz MAKES NO WARRANTY THAT (i) THE Driivz PAYMENT TOOL(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE Driivz PAYMENT TOOL(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

IndemnityYou agree to indemnify, protect, and hold harmless Driivz and its affiliates, directors, officers, employees, agents and distributors, and station hosts, and their respective directors, officers, employees and agents (collectively, the "Indemnities") from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the Driivz PAYMENT TOOL(S) or otherwise for your negligence or misconduct.

Limitation of Driivz's Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT Driivz SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Driivz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE CHARGEPASS CARDS.

To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnities from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Driivz PAYMENT TOOL(S) issued to you, including the use of the Driivz Network Charging Stations. You agree that none of the Indemnities will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law. Your sole and exclusive remedy against Indemnities will be replacement of any defective Driivz PAYMENT TOOL(S).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.

Governing Law: This Agreement shall be interpreted in accordance with the laws of the State of Israel. If any term of this Agreement is found to be invalid, such invalidity shall not affect the validity of the remaining terms.

Communications: Please address all inquiries and notices to Driivz Network Customer Service in your region: