Terms of Service

Stable Auto Corporation

Terms of Service

Effective: March 15, 2022

These Terms of Service constitute a legally binding agreement between you and Stable (together with its affiliates, “Stable”, “we,” “our” or “us”) governing your use of our products, services, website, and receipt of the Stable newsletter (the “Site” and collectively with the foregoing, the “Services”).

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, “you” and “your” will refer and apply to your employer or such other legal entity.

Any personal data you submit to the us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available at www.stable.auto/privacy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND Stable CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION12). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

1. Our Services

Stable offers a proprietary software-as-a-service platform and related services to assist charging station operators and other stakeholders find the best locations to deploy electronic vehicle charging stations.

2. Account, Password, and Security

You must register with Stable and create an account to use the Services (an “Account”) and as part of that process you will be requested to provide certain information, including without limitation your name, full address, phone number, employer (if applicable), and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Stable for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. Stable has no control over the use of any user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Stable immediately.

The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. As the Account Owner, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.

3. Billing and Payment

From time to time, payment and any other expenses may be paid through the third-party payment processing system (the “PSP”) as indicated on the Services. You may be required to register with the PSP, agree to terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Stable is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Stable has no obligations, responsibility or liability to any user or any other party under the PSP Services Agreement.

All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time of a transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

4. User Generated Content

“User Generated Content” is defined as any content, information, data, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and our users. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Stable:

Is not involved in the creation or development of User Generated Content.
Disclaims any responsibility for User Generated Content.
Cannot be liable for claims arising out of or relating to User Generated Content.
Is not obligated to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Services at its sole discretion.

You hereby represent and warrant to Stable that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with Stable or purport you to act as a representative or agent of Stable; and (viii) will not create liability for Stable or cause Stable to lose (in whole or in part) the services of its ISPs or other suppliers.

By making available any User Generated Content through the Services, you hereby grant to Stable a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Generated Content on, through or by means of the Services. We do not claim any ownership rights in any such User Generated Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Generated Content.

5. Representations and Warranties

You represent and warrant that: (i) you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services, and (ii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.

You agree not to engage in any of the following prohibited activities, among others: (i) copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service; (ii) using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) infringing upon or violate our intellectual property rights or the intellectual property rights of others; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of Stable; (xi) interfering with or any activity that threatens the performance, security or proper functioning of the Services; (xii) uploading or transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services; (xiv) bypassing the security features or measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xv) attempting to access unauthorized Accounts or to collect or track the personal information of others; (xvi) using the Services for any purpose or in any manner that infringes the rights of any third party; or (xvii) encouraging or enabling any other individual to do any of the foregoing.

You hereby warrant and represent that, other than as fully and promptly disclosed to Stable as set forth below, you do not have any motivation, status, or interest which Stable may reasonably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Stable in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Services.

6. Termination and Suspension

Unless otherwise agreed to in writing between you and Stable, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time by either using the features on the Services to do so (if applicable and available) or by written notice to support@stable.auto. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.

We reserve the right to refuse the Services to anyone for any reason at any time. Stable may terminate or limit your right to use the Services in the event that we are investigating or believe that you have breached any provision of this Agreement, by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice. If Stable terminates or limits your right to use the Services pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable against you. Stable reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 12 of these Terms of Service.

Stable reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at its sole discretion. Stable is not liable to you for any modification or discontinuance of all or any portion of the Services. Stable has the right to restrict anyone from completing registration as a user if Stable believes such person may threaten the safety and integrity of the Services, or if, in Stable’s discretion, such restriction is necessary to address any other reasonable business concern.

Following the termination or cancellation of your Account (as defined below), we reserve the right to delete all your data, including any User Generated Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or cancelled.

7. Links to Third-Party Websites

The Services may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Stable or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Stable does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Stable is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Stable has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Services at its sole discretion.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Stable expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold Stable harmless from any liability that may result from the use of links that may appear on the Services.

As part of the functionality of the Services, you may link your Account with online accounts you may have with third-party service providers, such as Google (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Services; or (ii) allowing Stable to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Stable and/or grant Stable access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Stable to pay any fees or making Stable subject to any usage limitations imposed by such third-party service providers. By granting Stable access to any Third-Party Accounts, you understand that (1) Stable may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (2) Stable may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your Account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Stable’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account on the Services and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY PROVIDERS. Stable makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Stable is not responsible for any SNS Content.

8. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that users see or read through the Services is owned by Stable, excluding User Generated Content, which users hereby grant Stable a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Stable owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Stable’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content.

Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Stable and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Stable, including without limitation Stable and Stable logos, are service marks owned by Stable. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Services, including without limitation about how to improve our services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Stable under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Stable does not waive any rights to use similar or related Feedback previously known to Stable, developed by its employees, or obtained from sources other than you. You acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.

9. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Stable and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Stable in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Stable upon termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of Stable’s trade secrets, confidential and proprietary information, and all other information and data of Stable that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Stable or Stable’s business, operations or properties, including information about Stable’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

‍

10. Disclaimer of Warranties

THE SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STABLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

UNDER NO CIRCUMSTANCES WILL STABLE AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY STABLE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT STABLE AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO STABLE DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You hereby agree to indemnify, defend, and hold harmless Stable and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party and (iv) any content submitted by you or using your Account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Stable reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Stable.

12. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND STABLE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND STABLE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at support@stable.auto and you and Stable will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.

Binding Arbitration. You and Stable agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Stable both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Stable in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Class Action Waiver. You and Stable agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Stable both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Stable agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure. Unless you and Stable agree otherwise, the seat of the arbitration shall be in San Francisco, California. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Stable submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator’s Decision and Governing Law. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

13. Governing Law

Except as provided in Section 12 or expressly provided in writing otherwise, this Agreement and your use of the Services will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement.

14. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

15. General Provisions

Failure by Stable to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Stable with respect your use of the Services, and supersedes and governs any and all prior agreements or communications; provided that this Agreement does not supersede any written agreement between Stable and your employer, where applicable. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Class Action Waiver” in Section 12, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Stable, its successors and assigns.

16. Changes to this Agreement and the Services

Stable reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to Stable. Stable will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Stable may also impose limits on certain features or restrict your access to part or all of the Services without notice or liability.

17. No Rights of Third Parties

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

18. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

19. Contacting Us

If you have any questions about these Terms of Service or about the Services, please contact us by email at support@stable.auto or by mail to 1700 Octavia Street #706, San Francisco, CA 94109.

‍

Stable Auto Corporation

Privacy Policy

Effective: December 13, 2021

This Privacy Policy (the “PrivacyPolicy”) serves to inform you of our policiesand procedures regarding the collection, use and disclosure of the informationwe receive when you access and use the website (the “Site”), services, software, mobile applications, content, newsletter,and all other products and services (all of the foregoing collectively, the “Services”) owned, controlled oroffered, directly or indirectly, by Stable Auto Corporation (togetherwith its subsidiaries and affiliates, “Stable,” the “Company”, “we,” “our” or “us”). Stable believes that the privacy of its usersis paramount and strives to use Personal Information (as defined below) only inways outlined in this Privacy Policy. ThePrivacy Policy is incorporated by reference into any Services Agreement enteredinto between you and Stable. By usingthe Services, you hereby warrant and represent that you have read, understandand agree to this Privacy Policy and the Services Agreement, and that you areover 18 years of age. PLEASE DO NOT USE,INSTALL OR ACCESS THE SERVICES IF YOU DO NOT AGREE TO THIS PRIVACY POLICY.

1. What We Mean by Personal Information

For purposes of this Privacy Policy, “Personal Information” means any information from or about a personthat either identifies that person directly or that makes that personidentifiable when it is combined with other information from or about thatperson from any source.

2. Information We Collect

Information You Provide To Us

When you use the Services or otherwise communicate with us, wecollect information that you provide to us directly. For example, we collect information in thefollowing circumstances: you (i) visit the Site; (ii) register for the Servicesor create an account or profile or accept the creation of an account or profileon your behalf (an “Account”); (iii)use or access the Services; (iv) subscribe to newsletters; (v) purchase aproduct or service on the Site; (vi) request technical support; (vii) otherwiseuse our online Services where Personal Information is required for such useand/or participation, (viii) when you sign up for a newsletter, and (ix) whenyou contact us via the Site or when you otherwise communicate with us. You can choose not to provide information that is requested of youby us; however, this may limit your ability to use or access the Services.

The information you provide to us directly may include, withoutlimitation, the following information that may, alone or in combination withother data, constitute Personal Information:

· Informationyou provide in connection with registering an account or completing atransaction or purchase using the Services, including your name, company name, e-mail,physical address, phone number, and any other information you decide toprovide;

· Informationyou provide via email, through the “Contact” section on the Site or by usingthe contact details listed on various parts of the Site, including your name,e-mail, phone number, company name, location, inquiry, details regarding youractual or proposed charging site, and any other information you decide toprovide;

· Informationyou provide in order to subscribe to our newsletters and updates, includingyour email address, the topic for which you wish to receive updates, or anyother information you decide to provide us with. You may always unsubscribefrom these emails by following the instructions included;

· Ifyou are one of our customers, suppliers or prospects, we may process limitedPersonal Information in the course of our business relation with you, forexample when you place an order, request a demo or vice versa. Such PersonalInformation may include your name, company, title, e-mail address, telephonenumber, physical address, and order details;

· Transactionand limited (non-PCI) payment data; and

· Any otherinformation you may want to share with us, such as Personal Information relatedto recruitment / job applications.

Moreover, if you contact us, a recordof such correspondence may be kept.

Additionally, ifanother user refers you to us by providing us with your e-mail address, we maysend you a message. However, we will useyour e-mail address only to send such other user’s message unless you otherwiseaffirmatively provide your information to us.

Automatically Collected Information

Most of the datawe collect in and through the Services is technical in nature and is collectedand processed automatically through so-called application programminginterfaces, software development kits, cookies and similar software-basedtechnologies. Alone or in combination with other data, such automaticallycollected data may constitute Personal Information. The data we may collect byautomated means may include, without limitation:

· Device data: including, but not limited to,data on device advertising ID’s and similar hardware qualifiers, and preciselocation data.

· Usage data: including, but not limited to,search terms entered and pages viewed.

· Network and internet information: including,but not limited to, URLs, Internet Protocol addresses, bounce rates, use ofspoofing, active (TCP/IP) ports, number of sessions initiated, click streams,location information and network/Wi-Fi access points.

· Information we collect on the use of the Sitevia cookies: please see the “How We Use Cookies and Other Technologies” sectionbelow for more information.

Google Analyticsis an element of the Site. By using cookies, Google Analytics collects andstores data such as time of visit, pages visited, time spent on each page of theSite, the Internet Protocol address, and the type of operating system used inthe devices used to access the Site. By using a browser plugin available athttp://www.google.com/ads/preferences/plugin/ provided by Google, you can optout of Google Analytics.

Information YouShare on Third Party Websites or through Social Media Services

The Services mayinclude links to third party websites and social media services where you willbe able to post comments, stories, reviews or other information. Your use ofthese third-party websites and social media services may result in thecollection or sharing of information about you by these third party websitesand social media services. We encourage you to review the privacy policies andsettings on the third party websites and social media services with which youinteract to make sure you understand the information that may be collected, used,and shared by those third party websites and social media services.

How We Use Cookies and Other Technologies

Some of thefeatures in the Services require the use of “cookies” - small text files thatare stored on your device’s hard drive. We use cookies to measure which pagesare being accessed, and which features are most frequently used. This enablesus to continuously improve the Site to meet the needs of our visitors.

The followingsets out how we may use different categories of cookies and your options formanaging cookie settings:

Type of Cookies

Description

Managing Settings

Required cookies

Required cookies enable you to navigate the Site and use their features, such as accessing secure areas of the Site and using the Services. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. These cookies allow us to uniquely identify you when you are logged into the Site and to process your online transactions and requests.

Because required cookies are essential to operate the Site, there is no option to opt out of these cookies.

Functionality cookies

Functionality cookies allow our Sites to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Site after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. We may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on the Site to personalize your visit.

To learn how to opt out of functionality cookies using your browser settings, click here. To learn how to manage privacy and storage settings for Flash cookies, click here.

Targeting or advertising cookies

From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Site. We sometimes use cookies delivered by third parties to track the performance of our advertisements. For example, these cookies remember which browsers have visited the Site. By way of example, as you browse the Site, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with the Site. Third parties, with whom we partner to provide certain features on the Site or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.

To learn more about these and other advertising networks and their opt out instructions, click here. To learn how to manage privacy and storage settings for Flash cookies, click here.

We and our service providers may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Services and HTML-formatted email messages to, among other things, track the actions of users, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. Our advertisement partners may use a “pixel tag” to collect anonymous information about your visits to the Site and to other websites, and they may use that information to target advertisements for goods and services. This information is collected anonymously, ina manner that does not personally identify you.

3. Use of Collected Information

We use the information you provide to us for the following purposes: (i) to further our legitimate interests in providing the Services, including without limitation to collect and remit payment for paid features, (ii) to administer your use of the Services and any Accounts you may have with us, (iii) to personalize your experience, (iv) to provide to you Service announcements or inform you of new releases and features, (v) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials, (vi) to enforce our Terms of Service, (vii) to resolve any disputes between users of the Site or between such users and us, (viii)comply with a legal requirement or process, including, but not limited to,civil and criminal subpoenas, court orders or other compulsory disclosures; (ix)to further our legitimate interest in protecting our rights, property, or safety and the rights, property and safety of the Services, our users or the public, and (x) to contact you to obtain feedback from you regarding the Services.

In addition to the purposes described above, we use the information collected automatically to (i) to further our legitimate interests in monitoring and analyzing the use of the Services and for the technical administration of the Site, (ii) improve the Services, (iii) generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and (iv) verify thatusers of the Services meet the criteria required to process their requests. We and or our advertising partners may use demographic and geo-location, as well as information logged from your hardware or device, including data such as IP address, device modeland ID, MAC address, operating system, application usage data, device time zone, region and language, and click ID, to ensure relevant advertising is presented within the Services.

4. Third Parties We Share Personal Information With

We may disclose Personal Information you provide to us or that we collect automatically in and through the Services with the following categories of third parties:

· Service providers, such as payment processors, web hosting and data storage service providers, and helping us deliver and develop the Services. data storage service providers, marketing service providers, and communications service;

· Public authorities, such as law enforcement, if we are legally required to do so or if we need to protect our rights or the rights of third parties; and

· Our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the Services and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Policy.

5. Links to Other Websites

You may opt to link your Account to your social media account or other accounts, such as Google, in accordance with your Account settings (which you may change at any time) and respective policies of these third parties. This Privacy Policy applies only to the Services. We do not exercise control over third party services or other websites that provide information, or links from within the Site or the Services. Your interactions with these third-party services are governed by the privacy policy of the company providing it. These other sites and services may place their own cookies or other files on yourcomputer’s browser, collect data or solicit Personal Information from you. Other websites and services follow different rules regarding the use ordisclosure of the Personal Information that you submit, and the collection anduse of such information and access of any third-party websites are subject tosuch third party’s privacy policy. Weencourage you to read the privacy policies and other terms of such thirdparties before using their services.

6. Security

We understand theimportance of privacy and security of Personal Information to our users andhave made them a priority. Stable uses a variety ofindustry-standard security technologies and procedures to help protect PersonalInformation about you from unauthorized access, use, or disclosure and trains Stableemployees on privacy and security issues. However, we cannot guarantee thatunauthorized third parties will never be able to overcome those measures or useyour Personal Information for improper purposes, and we do not promise thatPersonal Information about you or private communications will be protected fromunauthorized disclosure or use.

7. Do Not Track Signals and Similar Mechanisms

Stable does nottrack its customers over time and across third party websites to providetargeted advertising and therefore does not respond to Do Not Track (DNT)signals.

8. Managing Your Privacy

We keep your dataon your behalf and for your benefit. You can correct or terminate and deleteyour Account information by following the instructions on the Services or bye-mail at support@stable.auto, which you mayalso access for further assistance and questions regarding the Privacy Policyor for a copy of your Account data. If you cancel your Account or request us todelete your information, Stable will limit its access to Personal Informationto perform what is requested by you and will delete information accessible to Stablewithin seven business days.

9. Your Rights

We take steps tohelp ensure that you are able to exercise your rights regarding PersonalInformation about you in accordance with applicable law. If you would like toaccess, review, erase, withdraw your consent, or object to, or restrict theprocessing of Personal Data we collect about you, you may submit a request to support@stable.auto. We willpromptly review all such requests in accordance with applicable laws. Dependingon where you live, you may also have a right to lodge a complaint with asupervisory authority or other regulatory agency if you believe that we haveviolated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at support@stable.auto, so we have anopportunity to address your concerns directly before you do so.

10. California Residents

California Civil Code Section 1798.83 requires certain businessesthat share customer Personal Information with third parties for the thirdparties’ direct marketing purposes to respond to requests from Californiacustomers asking about the businesses’ practices related to suchinformation-sharing. We currently do not share or disclose your PersonalInformation to third parties for the third parties’ direct marketing purposes. If we change our practices in the future, wewill implement an opt-out policy as required under California laws.

Furthermore, subject to certain exemptions,California residents have the following rights with respect to PersonalInformation we may have collected about them:

Requests to Know

You have the right to request that wedisclose:

The categories of Personal Information we have collected about you;
The categories of Personal Information about you we have sold or disclosed for a business purpose;
The categories of sources from which we have collected Personal Information about you;
The business or commercial purposes for selling or collecting Personal Information about you;
The categories of Personal Information sold or shared, if any, about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and
The specific pieces of Personal Information collected.

You may submit a request to know via https://www.stable.auto/contact. The delivery of our response may take placeelectronically or by mail. We are not required to respond to requests to knowmore than twice in a 12-month period.

Requests to Delete

You have the right to request that we deleteany Personal Information about you that we have collected. Upon receiving averified request to delete Personal Information, we will do so unless otherwiserequired or authorized by law. You may submit a request to delete PersonalInformation via https://www.stable.auto/contact.

Right to Opt Out of the Sale of PersonalInformation]

You have a right to opt out of the sale ofPersonal Information. You may, at any time, direct us to not sell PersonalInformation about you to third parties. If you exercise your right to opt out of the sale of PersonalInformation about you, we will not sell Personal Information about you. Any PersonalInformation collected in connection with your request to opt-out of the sale ofPersonal Information about you will be used only to facilitate that request.You may opt out of the sale of Personal Information about you https://www.stable.auto/contact. You may alsosubmit opt-out requests by emailing us at support@stable.auto.

Categories of Personal Data the We Have Soldin the Last 12 Months

We have sold the following categories ofPersonal Data during the last 12 months:

· Internet or other electronic networkactivity information: Browsing history, search history, andinformation regarding a consumer’s interaction with an Internet website,application, or advertisement

· Inferences: Inferences that could be used to create a profile reflecting aconsumer’s preferences, characteristics, psychological trends, predispositions,behavior, attitudes, intelligence, abilities or aptitudes.

Authorized Agents

You may designate an authorized agent to makerequests on your behalf. You must provide an authorized agent writtenpermission to submit a request on your behalf, and we may require that youverify your identity directly with us. Alternatively, an authorized agent thathas been provided power of attorney pursuant to Probate Code sections 4000-4465may submit a request on your behalf.

Methods for Submitting Consumer Requests andOur Response to Requests

You may submit a request for access andrequests to delete Personal Information about you:

· https://www.stable.auto/contact, or

· via email at support@stable.auto

Upon receipt of a request, we may ask you foradditional information to verify your identity. Any additional information youprovide will be used only to verify your identity and not for any otherpurpose.

We will acknowledge the receipt of yourrequest within 10 days of receipt. Subject to our ability to verify youridentity, we will respond to your request within 45 days of receipt. If werequire more time (up to 90 days), we will inform you of the reason andextension period in writing. In order toprotect your privacy and the security of Personal Information about you, weverify your request by email and video or teleconference.

Any disclosures we provide will only coverthe 12-month period preceding the verifiable consumer request's receipt. Theresponse we provide will also explain the reasons we cannot comply with arequest, if applicable.

We do not charge a fee to process or respondto your verifiable consumer request unless it is excessive, repetitive, ormanifestly unfounded. If we determine that the request warrants a fee, we willtell you why we made that decision and provide you with a cost estimate beforecompleting your request.

The Right to Non-Discrimination

You have the right not to be discriminatedagainst for the exercise of your California privacy rights described above.Unless permitted by the CCPA, we will not:

· Deny you goods or services;

· Charge you different prices or rates forgoods or services, including through granting discounts or other benefits, orimposing penalties;

· Provide you a different level or quality ofgoods or services; or

· Suggest that you may receive a differentprice or rate for goods or services or a different level or quality of goods orservices.

11. International Transfers of PersonalInformation

Stable is based in the United States. As a result, Personal Information that wecollect in and through the Services and on the Site may be transferred to ourU.S. offices. In addition, we may work with third-party service providers inthe U.S. and in other countries to support our business activities. Thus,Personal Information may be transferred to, stored on servers in, and accessedfrom the United States and countries other than the country in which thePersonal Information was initially collected. In all such instances, we use,transfer, and disclose Personal Information solely for the purposes describedin this Privacy Notice and in compliance with applicable laws.

12. Data Retention

We keep Personal Information related to yourAccount for as long as it is needed to fulfill the purposes for which it wascollected, to provide our services, to deal with possible legal claims, tocomply with our business interests and/or to abide by all applicable laws.Thereafter, we either delete Personal Information about you or de-identify it.Please note that even if you request the deletion of Personal Information aboutyou, we may be required (by law or otherwise) to retain the PersonalInformation and not delete it. However, once those requirements are removed, wewill delete Personal Information about you in accordance with your request.

13. Changes to the Privacy Policy

Our security andPrivacy Policy are periodically reviewed and enhanced as necessary. This PrivacyPolicy might change as we update and expand the Services. You can tell whenthis Privacy Policy was last updated by reviewing the Last Updated legend ontop of this page. We will endeavor to notify you of these changes by email , but will not be liable for any failure todo so. We also encourage you to review this Privacy Policy periodically. If youdo not understand any of the terms or conditions of any of our policies, youmay inquire regarding the same via email at support@stable.auto. Your continueduse of the Services after any change in this Privacy Policy will constituteyour acceptance of such change.

14. Contacting Us

If you have anyconcerns or questions about this Privacy Policy, please contact us support@stable.auto.