Gogoro Network® Battery Service Agreement is only available in Chinese. Translation below is for your reference only.

Gogoro Network® Battery Service Agreement

Version: January, 2023.

This Battery Service Agreement (hereinafter referred to as "this agreement") is signed by the user (defined in clause 1) and Gogoro Network (Cayman), Taiwan Branch (hereinafter referred to as " Gogoro Network "). By signing or agreeing to subscribe (including but not limited to purchase orders, etc., hereinafter collectively referred to as "subscription documents"), users subscribe to installation, exchange and charging service (hereinafter referred to as "battery service")of GogoroNetwork® SmartBattery in accordance with the terms in this agreement.

This agreement is only applicable to the smart scooter purchased by the user from a third party who cooperates with Gogoro Network (the specific model is based on the purchase order, hereinafter referred to as "the subject ").

1. Users of battery service

The user referred to in this contract is the buyer of subscription document, or successor of the subject who has registered with Motor Vehicles Office and notifies Gogoro Network accordingly. If user changes name, in addition to register with Motor Vehicles Office, one shall also notify Gogoro Network and follow the instructions of Gogoro Network to complete the necessary procedures (including signing or agreeing to the necessary documents) to subscribe to battery service.

2. Battery service term

  1. The term of this agreement is 24 months from the start date of this agreement. If the user purchases a new subject from a third party who cooperates with Gogoro Network, the activation date is the delivery date of the subject. If not, the activation date is the date of signing or agreeing to subscription document. Except otherwise agreed by the parties, otherwise agreed in this agreement, or early termination according to this agreement, the agreement expires automatically.
  2. If the user does not return Gogoro Network® Smart Battery to the location specified by Gogoro Network when this agreement expires or terminates, Gogoro Network may assume that user agrees to subscribe the lowest basic cost tariff plan among all other tariff plans offered by Gogoro Network at that time or agree to the last subscribed tariff plan before the expiration of the service term, unless the user has changed the Gogoro Network® tariff plan (hereinafter referred to as the "tariff plan") in accordance with Article 4, Item 2 of this agreement. The user subscribes for battery service by month, whereas one month is a period, the same thereafter, according to the Gogoro Network® Smart Battery Service agreement announced at that time. However, if the user violates this agreement during the term, Gogoro Network may refuse the user to continue to subscribe to the battery service.
  3. Notwithstanding preceding paragraph, if the user continues to subscribe to the battery service in accordance with paragraph 2 of this article, but the subscribed tariff plan is no longer an applicable tariff plan provided by Gogoro Network before next period starts, unless Gogoro Network agrees that the subscribed tariff plan still applies to the upcoming period, user shall choose from the tariff plans offered by Gogoro Network at the time; if not, Gogoro Network may assume that user agrees to subscribe the lowest basic cost tariff plan offered by Gogoro Network at the time, according to the Gogoro Network® Smart Battery Service agreement announced at the time, and the same shall apply thereafter.

3. Scope of battery service

  1. During the term of this agreement, Gogoro Network or its designated third party shall provide Gogoro Network® Smart Batteries in sufficient quantity for the user or its authorized person to enable the operation of the subject.
  2. Users or their authorized persons may (1) go to the GoStation® site announced by Gogoro Network any time during the operating hours to use and manipulate the battery service provided by Gogoro Network, and/or (2) Atthe user’s own expense, use GoCharger® Mobile and/or other charging equipment that is certified and approved by Gogoro Network ( Collectively referred to as "Gogoro® Chargers" below ), to use and manipulate the battery service provided by Gogoro Network.
  3. Unless otherwise agreed upon under this Agreement, otherwise agreed by both parties, and / or Gogoro Network or its designated third party announces that the Gogoro Network® Battery Damage Waiver in Appendix I is not applicable, Gogoro Network® Battery Damage Waiver in Appendix I shall be applicable during the term for free. Under the condition of Gogoro Network® Battery Damage Waiver,usersdonot have to bear the liability for compensation in accordance with Article 11 of this agreement. Gogoro Network® Battery Damage Waiver willbe suspended, shortened, or terminated with this agreement.

4. Service Fee

  1. When signing or agreeing to the subscription document, the user shall choose one of the tariff plans provided by Gogoro Network at that time, and service fee will be calculated from the date when the service is activated (as defined below).
  2. Unless otherwise agreed by both parties (for example, when the user agrees to the binding plan), the user may notify Gogoro Network at any time during the service term and change its tariff plan to others provided by Gogoro Network at the time. The revised tariff plan will be applied for the remaining service term from the next billing cycle after notification of the change. Gogoro Network reserves the right to suspend, cancel or change the existing tariff plan or its contents and add other tariff plans.
  3. Unless otherwise agreed by both parties, the user shall pay the basic fees and additional fees (hereinafter referred to as "service fees") according to the tariff plan purchased and the additional mileage or extra battery usage and pay according to the payment method and payment deadline stated in the bill.
  4. The mileage (including the basic mileage and the additional mileage generated by the tariff plan) and / or battery usage for each billing cycle is calculated by (1) battery swapping at the GoStation® site,and/or (2) dates of charging with Gogoro® charger. The internal records of Gogoro Network are updated after Gogoro Network® Smart Batteries (1)being swapped at the GoStation® site, or (2) after charging with the Gogoro® charger. If the mileage and / or battery usage displayed on the Gogoro® App, Gogoro Network® App, or GoStation® site is inconsistent with the internal records of Gogoro Network, the service fee shall be calculated based on the internal record of Gogoro Network. For example: the user's billing cycle is from 1st of each month to the end of each month. Within the billing cycle (March 1st to March 31st), if (1) the user last swapped in GoStation® site (or use the Gogoro® charger for charging) on March 30, and the total mileage recorded by Gogoro Network is 95 kilometers; and (2) the user ride the subject for 10km afterward then swapped (or charged) on April 1, the service fee for this billing cycle will be calculated based on 95km ride mileage; as for the 10 kilometers rode on March 31, will be calculated into the mileage in the next billing cycle (ie, April 1 to April 30) and charge as service fees by then.
  5. Unless the inconsistency between record of mileage or battery usage and the actual usage is due to Gogoro Network, Gogoro Network has the right to charge user for service fees.
  6. The basic mileage or Ah credits of the tariff plan is limited to the billing month. Unless otherwise stipulated in the selected tariff plan, the basic mileage or Ah credits that has not been used before the end of the month shall be deemed expired and cannot be carry over to the next month.
  7. The user knows and agrees that when signing this agreement, Gogoro Network charges "System Activation Fee" for each subject according to the amount announced at that time (the fee is subject to the announcement on the official website https://network-support.gogoro.com/ tw/ ). The user shall not request Gogoro Network,for any reason, including but not limited to agreement assignment, cancellation, or termination, to reduce, deduct or refund the fee. In accordance with the provisions of Article 14 paragraph 2 of this agreement, the rights and obligations of this agreement shall not be transferred. In the event of buy and sale, transfer or the like of the subject matter, the successor of the subject shall re-sign the Gogoro Network® Smart Battery Service agreement, and pay the " System Activation Fee " according to the amount announced at that time.

5. Battery ownership

User knows that Gogoro Network is the sole owner of the Gogoro Network® Smart Battery. The user does not have ownership, other property rights, intellectual property rights or any other rights to the Gogoro Network® Smart Battery. Except for the right to use Gogoro Network® Smart Battery under this agreement, the user shall not claim or exercise ownership, lien, other property rights or any rights on Gogoro Network® Smart Battery, and the user shall not have the right to transfer any rights or interests of Gogoro Network® Smart Battery to any third party.

6. User obligations

Unless otherwise agreed by both parties, user has following obligation:

  1. User shall take care of the Gogoro Network® Smart Battery with the due care of a good manager and shall follow the Gogoro Network® Battery User's Manual in Appendix II; if user authorizes third party to use Gogoro Network® Smart Battery, user shall ensure the third party complies with the Gogoro Network® Battery User's Manual in Appendix II and the provisions of this agreement.
  2. User may not disassemble or repair Gogoro Network® Smart Battery or any part of it by themselves or others, or take the Gogoro Network® Smart Battery to countries or regions other than Taiwan, Penghu, Kinmen, Matsu.
  3. User shall endeavor to protect intellectual property rights and business secrets of Gogoro Network® Smart Battery, and shall not conduct any acts that infringe or may infringe the intellectual property rights or business secrets.
  4. Shall user be aware of any claims in connection with Smart Battery or any part of it, user shall immediately notify Gogoro Network in writing. Without written instructions from Gogoro Network® , user may not handle by oneself.
  5. Upon the termination or expiry of this agreement, if Gogoro Network® does not further provide user battery services, user does not use battery services, or Gogoro Network® suspends battery service for more than 7 days, users shall, without refusal, obstruction or delay, return the Gogoro Network® Smart Battery to the designated location by Gogoro Network® within 7 day. If delayed, Gogoro Network® may retrieve the Gogoro Network® Smart Battery from user or third party at any time.
  6. User shall swap or charge at least once every 30 days. If the dashboard of the subject shows "zero grid" level of Gogoro Network® Smart Battery, user shall swap or charge within 24 hours or by next activation of the subject (whichever comes first). In the event of violation, user shall be liable for damages in accordance with this agreement. In addition, Gogoro Network® may retrieve the Gogoro Network® Smart Battery from user or third party at any time. However, this agreement neither suspend nor extend. User may contact Gogoro Network® to retrieve Gogoro Network® Smart Battery.

7. Battery service suspension

  1. In any of the following events, Gogoro Network® may suspend all or part of the battery service. Gogoro Network® shall not be held responsibility for this, and the service term of this agreement does not extend accordingly:
    1. Perform maintenance, relocation, upgrade of the battery service system.
    2. Due to natural disasters, power outages, equipment failures, abnormal operation, or third-party behavior, etc., which is not attributable to Gogoro Network®.
  2. User may suspend the use of battery service at any time, however the service term of this agreement does not extend. The battery service suspension period starts from the date the user returns the Gogoro Network® Smart Battery to the location specified by Gogoro Network® (hereinafter referred to as the "suspension base date"). Service fee shall be waived from the suspension base date to the end of the battery service suspension period. Each battery service suspension period shall be at least 30 days (inclusive) and a maximum of 90 days (hereinafter referred to as "suspend period"). Start from the activation date of the battery service, the cumulative number of days of battery service suspension shall not exceed 90 days in total for each year. If user does not extend the suspension period when due or the suspension period exceeds 90 days, the user shall pay the service fee of the tariff plan.
  3. Shall user be aware that subject or Gogoro Network® Smart Battery has functional failures, damages, or other damages other than the natural wear and tear caused by normal use (hereinafter referred to as "damage") or loss or theft Or lost (hereinafter referred to as "theft"), user shall immediately notify Gogoro Network® by phone or in writing and provide lost certificate issued by the police office (if it is lost or stolen) or photos or documents that fully proves the forementioned situation to proceed the suspension of battery service. User shall cooperate with Gogoro Network® to carry out relevant procedures (whether Appendix 1 GogoroNetwork® Battery Damage Waiver is applicable or not),including but not limited to signing relevant documents. The service fee is waived from the date of completion of the forementioned procedures to the end of the battery service suspension period; however, the service term of this agreement is not extended.

8. Termination of this agreement

  1. In any of the following events, Gogoro Network® will notify the user of the circumstances that they meet, and depending on the seriousness of the situation, may suspend the battery services, shorten the service term, cancel part of the rights and interests of this agreement or terminate the this agreement:
    1. User violates Article 6 of this agreement;
    2. User violates any contract or agreement with Gogoro Network® , or fails to pay the full amount of the bill on time;
    3. the subject is lost, disabled, damaged, or has been stolen, detained;
    4. Gogoro Network® Smart Battery is lost, stolen, disabled, damaged, or has been stolen, detained;
    5. Sufficient evidence proves that users use the subject or this agreement to engage in violation of laws and regulations;
    6. The subject engage in property lawsuit or other similar situation;
    7. When a third party claim to exercise a lien on Gogoro Network® Smart Battery; or
    8. Other circumstances that GogoroNetwork® reasonably deem to be attributable to the user, and it is necessary for Gogoro Network® to suspend the battery service, shorten the service term, cancel a part of the rights and interests of this agreement or terminate this agreement.
  2. If user suffers any loss or damage due to the measures taken by Gogoro Network® according to paragraph 1,GogoroNetwork® shall not be responsible for such losses or damages.
  3. If Gogoro Network® suspends battery service according toparagrap1, this agreement does not extend accordingly.
  4. Gogoro Network® may cancel or terminate this agreement if the sale and purchase contract of the subject matter is canceled or terminated.

9. Disclaimer

  1. Gogoro Network® only provides battery service based on the function and current status of the Gogoro Network® Smart Battery. To the maximum extent to applicable law,Gogoro Network® explicitly excludes any statements, guarantees and commitments, including but not limited to any statements, guarantees and commitments related to correctness, reliability, satisfaction, quality, suitability for specific purposes and non- infringement.
  2. Gogoro Network® shall not be liable for damages caused by the battery service, unless due to intentional or gross negligence.

10. Amendment to this agreement

  1. User understands and agrees that Gogoro Network® may modify or change the content of this agreement (including transferring this agreement to its affiliates in accordance with Article 14 paragraph 2), however, Gogoro Network® will notify every user 30 days before the effective date, either notify separately, together with the bill or by announcement.
  2. User agrees to sign or seal by electronic signature or other electronic tools or methods. Documents signed or sealed in the foregoing manner should be regarded as the original, with the same effect as the signature or seal in paper form . This agreement and its attachments, as well as their amendments, additions, changes, or terminations, can also be done in the form of electronic documents, and their effects are the same as those in paper form.

11. Compensation

  1. For any reason, including but not limited to the user's violation of the provisions of this agreement,incase the Gogoro Network® Smart Battery is damaged, stolen or detained, user shall immediately notify Gogoro Network® . Unless applied to the circumstances stipulated in clause 3, paragraph 3, the user shall compensate according to the Gogoro Network® Battery Repair Costs Standard in Appendix III, and the Gogoro Network® Smart Battery remain property of Gogoro Network® after the user compensates.
  2. If user dismantles the Gogoro Network® Smart Battery by oneself or others, user will be criminally liable for crimes such as damage according to Criminal Law of the Republic of China, and the user shall compensate according to the GogoroNetwork® Battery Repair Costs Standard in Appendix III. In addition to forementioned, user shall pay 100 times the reset cost of Gogoro Network® Smart Battery to Gogoro Network® as a penalty.
  3. If user takes Gogoro Network® Smart Batteries out of Taiwan, Penghu, Kinmen, Matsu or any other countries or regions, user shall pay 100 times the reset cost of Gogoro Network® Smart Battery to Gogoro Network® as a penalty.
  4. If Gogoro Network® conducts additional testing or disposal of the Gogoro Network® Smart Battery due to user violating the provisions of this agreement, the related costs (including but not limited to manual operation costs, logistics costs, functional testing costs, etc.) shall be borne by the user.

12. Governing Laws and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of China. In the event of any dispute arising out of or in connection with this Agreement, the Parties agree that the Taiwan Taipei District Court shall be the court of first instance.

13. Notification

  1. Unless otherwise agreed by both parties, any notice made by Gogoro Network® according to this agreement may be delivered by registered mail, telephone, or e-mail. Unless user notify of the change by ways permitted by Gogoro Network® , the forementioned notification method is limited to communication address, telephone and e-mail provided by the user, or the communication address, telephone and e-mail provided by the successor of the subject.
  2. User understands and agrees that, unless otherwise agreed by both parties,Gogoro Network® may send an electronic bill for service fee by e-mail without giving a written bill. User understands and agrees that, in any of the following events, once Gogoro Network® sends the electronic bill, it shall be deemed been delivered, and if the user suffers any loss or damage, Gogoro Network® will not be liable for any such losses or damages. However, user must apply in writing to Gogoro Network® to reissue electronic bills for the last three billing cycles:
    1. Gogoro Network® fails to delivered electronic bill or delays the delivery due to the insufficient space of the user's email mailbox;
    2. Gogoro Network® fails to delivered electronic bill, delays the delivery, or electronic bill being classified as spam mail or advertising mail box due to the setting of the company which provides the user's email mailbox service;
    3. Gogoro Network® fails to delivered electronic bill or delays the delivery due to an abnormality cause by the company that provides user email service;
    4. Other reasons not attributable to Gogoro Network®.
  3. User understands and agrees that if the user subscribes to Gogoro Network® for other continuous or one-time services or products other than battery services (including but not limited to Sport Activation or any services or products that the user has not currently subscribed) or subscribes to other continuous or one-time services or products provided by a third party through Gogoro Network® , Gogoro Network® may charge service fees and other services or products incurred fees or prices (hereinafter referred to as "other expenses" ”) with the same bill; in this case, user agrees not to request Gogoro Network® to bill service fees and other expenses separately.

14. Other matters

  1. User understands and agrees that this agreement does not include all the content and restrictions of the tariff plan. In case not mentioned in this agreement, the user agrees to follow the subscription documents or other documents that specify the content and restrictions of the tariff plan.
  2. User understands and agrees that without the prior written consent of Gogoro Network® , user may not transfer part or all of its rights or obligations under this agreement to a third party. However, Gogoro Network® may transfer all or part of this agreement to its affiliates.
  3. If any or several terms of this agreement are considered invalid, illegal, or unenforceable, the invalid, illegal or unenforceable situation shall not affect other terms of this agreement.
  4. This agreement is the only and complete agreement between the two parties in relate to the battery service, and its effect prevail any previous oral or written agreement.

Appendix I Gogoro Network® Battery Damage Waiver

Waiving scope

  1. Users have the following rights within the valid period of the Gogoro Network® Battery Damage Waiver (hereinafter referred to as "this waiver"):
    If Gogoro Network® Smart Battery is damaged or stolen, the user is waived from any compensation based on Gogoro Network® Battery Repair Costs standard. However, in the event of any exceptions, user is liable for compensation in accordance with the Gogoro Network® Battery Repair Costs Standard in Appendix 3.
  2. The exemption that users apply to under Gogoro Network® Battery Damage Waiver is limited to the Gogoro Network® Smart Battery itself used by the user at the time, and the total number is limited to 2 pieces of Gogoro Network® Smart Battery.

Exceptions

In case of any of the following situations, user is liable for compensation according to the Gogoro Network® Battery Repair Costs Standard:

  1. Caused by following conducts or circumstances:
    1. User or his authorized person has not followed Gogoro Network® Battery User's Manual in Appendix 2.
    2. User or his authorized person violates any of the provisions of Article 6, paragraph 2, 3, 5 and 6 of this agreement.
    3. User or his authorized person rides on the subject while exceeds the alcohol concentration, or takes drugs, narcotic drugs, or the like, which constitutes driving while intoxicated.
    4. Intentional actions of the user or his authorized person.
    5. Intentional criminal act or any use of the subject as a tool of criminal act by the user or his authorized person.
    6. User or his authorized person use the subject for racing or driving training.
    7. User or his authorized person violates the traffic regulations.
    8. Other conduct of Gogoro Network® Smart Batteries that are not considered of normal use by Gogoro Network® .
  2. When the following obligations are not fulfilled:
    1. User or his authorized person fails to inform Gogoro Network® immediately after being aware of the damage or stolen of Gogoro Network® Smart Battery.
    2. User did not proceed the Gogoro Network® Battery Damage Waiver procedure within 7 days after the Gogoro Network® Smart Battery was damaged, or at the same time, return the Gogoro Network® Smart Battery to Gogoro Network®.
    3. User did not proceed the Gogoro Network® Battery Damage Waiver procedure within 7 days after the Gogoro Network® Smart Battery was stolen, or provide lost certificate issued by the police office (if it is lost or stolen) or documents that fully proves the forementioned situation and sign required documents which guaranteed that Gogoro Network® Smart Battery was stolen and could not be returned.

Appendix 2 Gogoro Network® Battery User's Manual

Matters of storage

Users should keep the Gogoro Network® Smart Battery in following ways:

  1. It is strictly forbidden to store Gogoro Network® Smart Batteries in a high temperature place or expose Gogoro Network® Smart Batteries to direct sunlight for more than 30 minutes.
  2. It is strictly forbidden to use Gogoro Network® Smart Batteries for purposes not approved by Gogoro Network® . Please keep the connector, which is in the bottom part of Gogoro Network® Smart Battery, clean and free of foreign materials. It is strictly forbidden to use metal objects to contact or short circuit the connector of Gogoro Network® Smart Battery.
  3. It is strictly forbidden to put Gogoro Network® Smart Batteries into fire, or heat, cool down, immerse in water, drop, or knock, and do any attempt to dismantle or destroy them.
  4. It is strictly forbidden to disassemble or change the appearance and structure of the Gogoro Network® Smart Battery.
  5. It is strictly forbidden to charge and discharge the Gogoro Network® Smart Battery by using methods and / or equipment not officially approved by Gogoro Network®.
  6. It is strictly forbidden to use any solvents or chemicals on Gogoro Network® Smart Batteries.
  7. Do not store or stack anything in the space between the Gogoro Network® Smart Battery handle and the Gogoro Network® Smart Battery upper cover.
  8. It is strictly forbidden to change the appearance or exterior of Gogoro Network® Smart Battery temporarily or permanently in any way or with any technology, including but not limited to pasting, painting or laser engraving.
  9. Gogoro Network® Smart Batteries should be stored in an upright manner.
  10. It is strictly forbidden to discard the Gogoro Network® Smart Battery. If the Gogoro Network® Smart Battery cannot function, please contact Gogoro Network® for assistance.

Reminder

Please keep the followings in mind when storing Gogoro Network® Smart Batteries:

  1. The Gogoro Network® Smart Battery may generate a slight heat after use. Please be aware when swapping or taking it.
  2. Each Gogoro Network® Smart Battery weighs about 9.8 kg. Please take and place it carefully.
  3. If there are any abnormalities (such as leakage, damage, deformation, etc.) of the Gogoro Network® Smart Battery, please immediately stop using the Gogoro Network® Smart Battery and the subject. Please immediately turn the subject into "motor off" motion, lock down, and contactGogoroNetwork® forassistance.

others

Gogoro Network® may modify or supplement Gogoro Network® Battery User's Manual at any time, and will notify the user separately or together with the bill or by announcement.

Appendix III Gogoro Network® Battery Compensation Standard

Gogoro Network® Smart Battery

  1. Gogoro Network® Smart Batteries are precision-designed products and has protection measures. In addition to the natural wear and tear caused by normal use, if the user follows Gogoro Network® Battery User's Manual in Appendix 2 when using the Gogoro Network® Smart Battery, Gogoro Network® Smart Battery shall not be out of function.
  2. For reasons other than natural wear and tear caused by normal use, including but not limited to violation of the provisions mentioned in the preceding paragraphs by the user, that causes Gogoro Network® Smart Battery being damaged or stolen, or detained, or reduces the value of Gogoro Network® Smart Battery or its normal utility, it is necessary for GogoroNetwork® to update and reset the Gogoro Network® Smart Battery, by no means can the Gogoro Network® Smart Battery be repaired.

Responsibility judgment

  1. If Gogoro Network® Smart Battery is damaged or stolen or detained, the user shall be liable for compensation.
  2. When Gogoro Network® Smart Battery is out of function in whole or in part, or reduces the value of Gogoro Network® Smart Battery or its normal utility, Gogoro Network® will make a responsibility judgment and determine the responsibility according to the judgment result. In the event that the responsibility cannot be judged, the user is not liable for compensation.

Compensation principle

  1. User fully understands and agrees that the update and reset cost of the Gogoro Network® Smart Battery depends on related factors, including but not limited to the prices of Gogoro Network® Smart Battery materials and components, transportation costs, labor costs, exchange rate fluctuations, which may goes up or down. The amount of reset cost provided by this compensation standard is the current reset cost of Gogoro Network® Smart Battery, which is for user reference only. GogoroNetwork® may revise the reset cost of Gogoro Network® Smart Battery at any time, and will notify the user separately or together with the bill or by announcement.
  2. User fully understands and agrees that when user is liable according to the responsibility judgement, the user shall pay the reset cost of the Gogoro Network® Smart Battery at that time.
  3. The reset cost of each Gogoro Network® Smart Battery is currently NT $25,000.