Terms and Conditions

1. INTRODUCTION AND DEFINITIONS

1.1 About These Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and KD Industries Ltd, a company registered in England and Wales (Company No. 16052026), trading as "GuestCharge" ("we", "us", "our", or the "Platform").

By accessing or using the GuestCharge platform, mobile application, or website located at guestcharge.co and app.guestcharge.co (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Service.

1.2 Definitions

In these Terms, the following definitions apply:

1.3 Our Role as an Intermediary

GuestCharge operates exclusively as an intermediary software platform. We are a technology company that provides software services only. Our Platform facilitates connections between Hosts who own and operate Charging Equipment and Guests who require electric vehicle charging services.

Our software-only role means:

(a) We provide a digital platform that transmits OCPP (Open Charge Point Protocol) messages between our servers and Charging Equipment;

(b) We process payments through our integration with Stripe;

(c) We display information provided by Hosts about their Charging Equipment; and

(d) We have no physical presence at, control over, or interaction with any Charging Equipment, Host premises, or Guest vehicles.

We expressly do not and cannot:

(a) Own, manufacture, install, maintain, inspect, certify, or physically interact with any Charging Equipment;

(b) Employ, supervise, or control Hosts or their actions;

(c) Guarantee the availability, functionality, safety, quality, or electrical compliance of any Charging Equipment;

(d) Provide electrical installation, maintenance, repair, or inspection services;

(e) Inspect Host properties, Charging Equipment, or electrical installations for safety or regulatory compliance;

(f) Verify the accuracy of certifications, insurance policies, or other documentation claimed by Hosts;

(g) Provide insurance coverage for Hosts, Guests, or their property;

(h) Control or influence the physical operation, electrical output, or safety features of Charging Equipment; or

(i) Prevent, detect, or remedy any hardware defect, electrical fault, or physical hazard.

The contractual relationship for the provision of charging services (including the supply of electricity) exists directly between the Host and the Guest. GuestCharge is not a party to that contract and bears no responsibility for its performance.

1.4 Geographic Scope

The Service is currently available only in the United Kingdom. Hosts may only register Charging Equipment located in the UK, and Guests agree to use the Service only for Charging Equipment located in the UK. We may expand to additional jurisdictions in future, at which time these Terms will be updated accordingly.

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2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Eligibility Requirements

To use the Service, you must:

(a) Be at least eighteen (18) years of age;

(b) Have the legal capacity to enter into binding contracts under the laws of England and Wales;

(c) Not be prohibited from using the Service under any applicable law;

(d) Provide accurate, current, and complete registration information; and

(e) Maintain the security and confidentiality of your account credentials.

2.2 Account Security

You are solely responsible for:

(a) All activities that occur under your account;

(b) Maintaining the confidentiality of your password and authentication credentials;

(c) Immediately notifying us at team@kdenergy.co.uk of any unauthorised access or security breach; and

(d) Ensuring that your contact information remains accurate and up to date.

We reserve the right to suspend or terminate accounts where we reasonably suspect fraudulent activity, security compromise, or violation of these Terms.

2.3 Account Types

2.3.1 Guest Accounts

Guests may use certain features of the Platform without creating a registered account. However, payment processing requires the provision of valid payment credentials through Stripe.

2.3.2 Guest Use Without Account (QR Code Access)

Where a Guest initiates a Charging Session without creating a registered account (for example, by scanning a QR code at a Charger), the Guest will be required to accept these Terms before proceeding with payment. By tapping "Accept" or proceeding with payment authorisation, the Guest:

(a) Confirms they have had the opportunity to review these Terms and our Privacy Policy;

(b) Agrees to be bound by these Terms in full;

(c) Acknowledges the limitations of liability and disclaimers set out herein; and

(d) Accepts that the Charging Session is governed by these Terms.

Guests who do not accept these Terms may not use the Service.

2.3.3 Host Accounts

Hosts must complete a full registration process, including:

(a) Identity verification;

(b) Stripe Connect onboarding for payment receipt;

(c) Charger registration with accurate technical specifications; and

(d) Acceptance of Host-specific obligations set out in Section 4.

2.4 Business Users

If you are using the Service on behalf of a business, company, or other legal entity ("Business User"):

(a) You represent and warrant that you have authority to bind that entity to these Terms;

(b) References to "you" in these Terms include both you personally and the entity you represent;

(c) The consumer protection provisions of the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to Business Users to the extent permitted by law; and

(d) The limitations of liability in Section 9 apply in full without modification.

Business Users with specific requirements (such as fleet operators or commercial premises) should contact us at team@kdenergy.co.uk to discuss enterprise arrangements.

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3. THE SERVICE

3.1 Service Description

GuestCharge provides a software platform that enables:

(a) Hosts to list their Charging Equipment for use by Guests;

(b) Guests to discover, access, and pay for Charging Sessions;

(c) Transmission of OCPP messages between the Platform and OCPP-compliant Chargers;

(d) Automated payment processing and settlement via Stripe Connect; and

(e) Session monitoring, usage analytics, and transaction records.

3.1.1 Platform Control Limitations

The Platform communicates with Charging Equipment using the OCPP protocol to:

(a) Transmit Session start and stop commands;

(b) Request and receive meter readings for billing purposes; and

(c) Monitor charger status and availability.

The Platform does not and cannot control:

(a) The physical operation, electrical output, or mechanical function of Charging Equipment;

(b) Charger hardware, firmware, software, or internal safety systems;

(c) Charging speed, efficiency, or power delivery;

(d) Any malfunction, error, defect, or fault originating from the Charging Equipment;

(e) The electrical installation, wiring, or supply to the Charging Equipment;

(f) Charger behaviour when internet connectivity is interrupted or unavailable; or

(g) Any physical interaction between the Charger, the Guest's vehicle, or the Host's premises.

If a Charger loses connectivity to the Platform during a Session, the Platform may be unable to terminate the Session, receive accurate meter data, or process billing correctly. Such events are equipment or connectivity issues outside GuestCharge's control and are not Platform failures.

3.2 Service Availability

We aim to provide continuous Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

(a) Scheduled maintenance (with reasonable advance notice where practicable);

(b) Emergency repairs or security updates;

(c) Third-party service provider outages (including Stripe, AWS, or internet service providers);

(d) Force majeure events; or

(e) Circumstances beyond our reasonable control.

We shall not be liable for any loss or damage arising from Service unavailability.

3.3 Modifications to the Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. Material changes affecting your rights or obligations will be communicated with reasonable advance notice.

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4. HOST OBLIGATIONS AND WARRANTIES

4.1 Equipment Compliance and Certification

By registering Charging Equipment on the Platform, the Host warrants and represents that:

(a) All electrical installations associated with the Charging Equipment have been carried out by a qualified electrician who is registered with a competent person scheme recognised under Part P of the Building Regulations 2010 (England and Wales), or equivalent body;

(b) The Charging Equipment and associated installation comply with:

• BS 7671 (IET Wiring Regulations, 18th Edition);
• The Electricity at Work Regulations 1989;
• The Electrical Equipment (Safety) Regulations 2016;
• The Electric Vehicles (Smart Charge Points) Regulations 2021 (where applicable); and
• Any other applicable electrical safety standards and building regulations;

(c) An Electrical Installation Certificate (EIC) or Minor Works Certificate has been issued for the installation and can be produced upon request;

(d) The Charging Equipment is fit for purpose, in good working order, and has been maintained in accordance with manufacturer recommendations;

(e) The Host has obtained all necessary planning permissions, building consents, and landlord approvals (where applicable) for the installation and commercial use of the Charging Equipment; and

(f) The Charging Equipment is compatible with OCPP 1.6 or OCPP 2.0.1 communication protocols.

4.2 Insurance Requirements

The Host warrants and undertakes that:

(a) The Host maintains valid public liability insurance with a minimum coverage of £1,000,000 (one million pounds sterling) per occurrence, or such higher amount as may be required by the Host's insurer or applicable law;

(b) The insurance policy explicitly covers:

• The operation of electric vehicle charging equipment;
• Third-party access to the Host's property for charging purposes;
• Damage to third-party vehicles arising from the use of the Charging Equipment; and
• Personal injury occurring on the Host's premises in connection with charging activities;

(c) The Host has disclosed the commercial use of the Charging Equipment and/or property to their insurance provider(s) (including but not limited to home insurance, buildings insurance, and contents insurance) and has received written or documented confirmation that such commercial use does not invalidate, void, limit, or otherwise adversely affect their coverage;

(d) The insurance policy remains in force throughout the period during which the Charging Equipment is listed on the Platform;

(e) The Host agrees to produce evidence of valid insurance coverage to GuestCharge or any relevant third party immediately upon request in the event of an accident, claim, dispute, or regulatory inquiry involving the Charging Equipment; and

(f) GuestCharge accepts no liability for any claims, losses, or damages arising from the Host's failure to maintain adequate insurance or to disclose commercial use to their insurer.

The Host acknowledges that operating a charger for commercial purposes may constitute a business activity that must be disclosed to insurers. Failure to make such disclosure may invalidate the Host's insurance coverage. GuestCharge strongly recommends that Hosts confirm coverage in writing with their insurers before listing Charging Equipment on the Platform.

Failure to maintain adequate insurance, or any misrepresentation regarding insurance status, constitutes a material breach of these Terms and may result in immediate suspension or termination of the Host's account.

4.3 Pricing and Availability

Hosts are solely responsible for:

(a) Setting the price per kilowatt-hour (kWh) for their Charging Equipment;

(b) Ensuring that listed availability accurately reflects actual availability;

(c) Promptly updating the Platform if Charging Equipment becomes unavailable; and

(d) Complying with any applicable consumer protection laws regarding pricing transparency.

4.4 Property Access and Safety

The Host undertakes to:

(a) Ensure safe and reasonable access to the Charging Equipment location;

(b) Maintain the surrounding area free from hazards that could cause injury or damage;

(c) Provide clear instructions for accessing and using the Charging Equipment;

(d) Not discriminate against Guests on the basis of any protected characteristic under the Equality Act 2010; and

(e) Comply with all applicable health and safety legislation.

4.5 Tax Obligations

The Host acknowledges and agrees that:

(a) Income received through the Platform may be subject to income tax, National Insurance contributions, and/or VAT;

(b) The Host is solely responsible for determining their tax obligations and making all required filings and payments to HM Revenue & Customs;

(c) GuestCharge does not provide tax advice and recommends that Hosts consult a qualified tax professional; and

(d) Upon request, GuestCharge will provide transaction records to assist with tax reporting.

4.6 Payment Collection Limitations

The Host acknowledges and accepts that:

(a) Charging Sessions are subject to a maximum pre-authorisation amount (currently £99.00, subject to change) which limits the amount that can be collected from a Guest for any single Session;

(b) If a Guest's energy consumption in a single Session exceeds the pre-authorised amount, GuestCharge may only collect up to the pre-authorised limit and may pursue the balance separately;

(c) GuestCharge does not guarantee collection of amounts exceeding the pre-authorisation and shall not be liable to the Host for any uncollected amounts;

(d) Hosts may mitigate this risk by configuring session duration limits, energy limits, or maximum charge amounts on their Charging Equipment where supported; and

(e) This limitation is inherent to payment card pre-authorisation systems and is outside GuestCharge's control.

4.7 Host Sole Responsibility for Physical Safety

The Host acknowledges and agrees that GuestCharge is a software platform only and has no ability to inspect, verify, certify, or control any physical aspect of the Host's Charging Equipment, electrical installation, or premises.

The Host accepts sole and exclusive responsibility for:

(a) The safety, condition, and proper functioning of all Charging Equipment;

(b) Compliance with all electrical safety standards, building regulations, and applicable laws;

(c) The accuracy of all certifications, warranties, and representations made to GuestCharge;

(d) Maintaining valid insurance coverage as required by Section 4.2;

(e) The safety of Guests and any other persons accessing the Host's premises; and

(f) Any injury, death, property damage, or loss arising from the Charging Equipment, electrical installation, or Host premises.

GuestCharge expressly disclaims all responsibility for physical safety matters, which are entirely within the Host's control and entirely outside GuestCharge's control.

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5. GUEST OBLIGATIONS

5.1 Proper Use of Charging Equipment

Guests agree to:

(a) Use Charging Equipment only in accordance with provided instructions and in a careful, responsible manner;

(b) Not attempt to modify, tamper with, or damage any Charging Equipment;

(c) Use only compatible charging cables and connectors appropriate for their vehicle;

(d) Immediately report any malfunction, damage, or safety concern to both the Host and GuestCharge;

(e) Not use Charging Equipment for any purpose other than charging an electric vehicle; and

(f) Comply with any reasonable instructions or restrictions communicated by the Host.

5.2 Vehicle and Property Responsibility

Guests acknowledge and agree that:

(a) They are solely responsible for the safe operation and parking of their vehicle at Host locations;

(b) Any damage to the Guest's vehicle, property, or person occurring at a Host location is subject to the limitation of liability provisions in Section 9;

(c) Guests must ensure their vehicle is suitable for the Charging Equipment and charging specifications listed; and

(d) GuestCharge bears no responsibility for compatibility issues between vehicles and Charging Equipment.

5.3 Overstaying and Parking Etiquette

5.3.1 Charging Completion

Upon completion of a Charging Session (whether by reaching full charge, achieving a set limit, or manual termination), Guests must:

(a) Disconnect their vehicle from the Charging Equipment within fifteen (15) minutes;

(b) Vacate the charging location promptly to allow access for other users; and

(c) Leave the charging area in the same condition as found.

5.3.2 Overstay Fees (Future Feature)

GuestCharge may, in future, enable Hosts to impose overstay fees for vehicles that remain connected beyond a permitted grace period after charging completion. If and when implemented:

(a) Such fees must be clearly disclosed on the Charger listing before the Session commences;

(b) Fees will be automatically charged to the Guest's payment method on file; and

(c) Fees are not subject to refund except in cases of Platform error.

This feature is not currently active. Guests are nonetheless expected to disconnect promptly upon Session completion as a matter of courtesy to other users and Hosts.

5.3.3 Repeated Violations

Guests who repeatedly violate overstaying policies may be subject to:

(a) Temporary suspension from using specific Chargers or Host locations;

(b) Platform-wide account suspension; or

(c) Permanent account termination.

5.4 Damage to Host Property or Equipment

Guests shall be liable for any damage to Charging Equipment, Host property, or third-party property caused by:

(a) Negligent or reckless operation of the Guest's vehicle;

(b) Improper use or handling of Charging Equipment;

(c) Failure to follow provided instructions; or

(d) Intentional misconduct.

Upon notification of damage, GuestCharge may:

(a) Facilitate communication between the Guest and Host for resolution;

(b) Share relevant transaction and account information with the affected Host;

(c) Suspend the Guest's account pending investigation; and

(d) Terminate the Guest's account for serious or repeated incidents.

GuestCharge does not adjudicate damage claims and is not liable for any such damages.

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6. PAYMENTS AND FEES

6.1 Payment Processing

All payments through the Platform are processed by Stripe, Inc. ("Stripe") via Stripe Connect. By using the Platform, you agree to be bound by Stripe's Terms of Service and Stripe's Connected Account Agreement.

6.2 Payment Flow

6.2.1 Guest Payments

When a Guest initiates a Charging Session:

(a) A pre-authorisation hold is placed on the Guest's payment method for an amount up to ninety-nine pounds sterling (£99.00) (or such other amount as displayed at the time of booking);

(b) Upon Session completion, the actual amount based on energy consumed is calculated and captured;

(c) Any excess pre-authorisation is released back to the Guest's payment method (timing dependent on the Guest's payment provider);

(d) If the actual cost exceeds the pre-authorisation amount, GuestCharge will capture the maximum authorised amount; and

(e) GuestCharge reserves the right to pursue any balance exceeding the pre-authorised amount separately, including by charging the Guest's payment method on file, invoicing the Guest, or engaging debt collection services. By using the Service, the Guest agrees to pay for all energy consumed during a Charging Session, regardless of the pre-authorisation limit.

6.2.2 Host Payouts

(a) GuestCharge retains a Commission of ten percent (10%) of the gross Session amount;

(b) The remaining ninety percent (90%) is transferred to the Host's connected Stripe account;

(c) Payout timing is subject to Stripe's standard payout schedule and any holds imposed by Stripe for fraud prevention or verification;

(d) Hosts are responsible for any fees charged by their bank for receiving payments.

6.3 Currency

All transactions are processed in pounds sterling (GBP). Currency conversion (where applicable) is handled by Stripe at their prevailing exchange rates plus any applicable fees.

6.4 Refund Policy

6.4.1 Refund Eligibility & Exclusions

Refunds are issued solely at the discretion of the Platform and are restricted to technical errors in transaction processing. Once a Charging Session has been initiated and energy delivery has commenced, the Service is deemed successfully performed.

A. Eligible Circumstances

Refunds may be considered only in the following specific technical scenarios:

B. Non-Refundable Circumstances

The following scenarios are expressly excluded from refund eligibility. In these cases, the transaction is final:

6.4.2 Dispute Process

Refund requests must be submitted via team@kdenergy.co.uk within seven (7) days of the Charging Session. Requests must include:

(a) The Session ID or transaction reference;

(b) A description of the issue;

(c) Any supporting evidence (photographs, screenshots, etc.).

GuestCharge will investigate and respond within fourteen (14) days. Our decision is final, subject to any rights you may have under the Consumer Rights Act 2015.

6.4.3 Chargebacks

Guests who initiate chargebacks through their payment provider without first attempting resolution through our dispute process may have their account suspended pending investigation. Fraudulent chargebacks may result in permanent account termination and legal action.

6.5 Taxes

All prices displayed on the Platform are inclusive of VAT where applicable. GuestCharge is responsible for remitting VAT on the Commission. Hosts are responsible for any VAT obligations arising from their charging income.

6.6 Tax Treatment and Supply Chain

For tax and legal purposes:

(a) The supply of electricity from Charging Equipment is a transaction directly between the Host and the Guest. The Host is the supplier of electricity.

(b) GuestCharge provides a platform facilitation service to Hosts and Guests. GuestCharge is not the supplier of electricity.

(c) The Host is responsible for determining whether they are required to register for VAT based on their taxable turnover and for complying with all applicable tax obligations.

(d) GuestCharge charges VAT on its Commission where applicable and will provide Hosts with invoices or statements for their records.

(e) Guests do not receive VAT invoices from GuestCharge for Charging Sessions, as the electricity supply is from the Host.

6.7 Consumer Cancellation Rights

If you are a consumer, you may have a right to cancel distance contracts within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, by initiating a Charging Session, you:

(a) Expressly request that the service begins immediately;

(b) Acknowledge that once energy has been delivered, the service has been fully performed and you lose your right to cancel that Session;

(c) Acknowledge that charging services involve electricity, which is subject to price fluctuations; and

(d) Accept that you may cancel your account at any time under Section 12.1, but no refund is available for completed Sessions.

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7. INTELLECTUAL PROPERTY

7.1 Platform Ownership

The Platform, including all software, code, design, text, graphics, logos, trademarks, and other content (collectively, "Platform IP"), is owned by or licensed to KD Industries Ltd and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose.

7.3 Restrictions

You may not:

(a) Copy, modify, distribute, sell, or lease any part of the Platform;

(b) Reverse engineer, decompile, or attempt to extract source code;

(c) Remove or alter any proprietary notices or labels;

(d) Use the Platform to build a competing product or service;

(e) Use automated systems (bots, scrapers, crawlers) to access the Platform without our written consent; or

(f) Use the GuestCharge name, logo, or trademarks without prior written authorisation.

7.4 User Content

By submitting content to the Platform (including Charger listings, reviews, photographs, or communications), you grant GuestCharge a worldwide, royalty-free, perpetual licence to use, reproduce, modify, and display such content for the purposes of operating and promoting the Service.

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8. PROHIBITED CONDUCT

You agree not to:

(a) Use the Platform for any unlawful purpose or in violation of any applicable law;

(b) Provide false, misleading, or inaccurate information;

(c) Impersonate any person or entity;

(d) Interfere with or disrupt the Platform's operation or security;

(e) Attempt to gain unauthorised access to any systems or accounts;

(f) Transmit malware, viruses, or other harmful code;

(g) Engage in any form of harassment, discrimination, or abusive behaviour;

(h) Use the Platform to launder money or engage in fraudulent transactions;

(i) Circumvent any access controls, rate limits, or security measures;

(j) Resell or commercially exploit Platform access without authorisation; or

(k) Assist or encourage others to engage in any prohibited conduct.

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9. LIMITATION OF LIABILITY AND DISCLAIMERS

9.1 Platform Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

GuestCharge is a software platform only. We provide digital services that facilitate communication and payment processing. We have no physical presence at, control over, or ability to influence any Charging Equipment, Host premises, or Guest vehicles.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

(a) Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;

(b) Any warranty that the Service will be uninterrupted, secure, or error-free;

(c) Any warranty regarding the accuracy, reliability, or completeness of any information on the Platform;

(d) Any warranty regarding the quality, safety, legality, electrical compliance, or suitability of any Charging Equipment, Host, or Guest;

(e) Any warranty regarding the physical condition, maintenance, or safety of Host premises; and

(f) Any warranty that Hosts have valid certifications, insurance, or regulatory approvals—Hosts self-certify these matters and GuestCharge does not and cannot verify them.

9.2 Limitation of Liability

9.2.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, GuestCharge, its directors, officers, employees, agents, affiliates, and licensors shall not be liable for:

(a) Any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or business;
• Loss of data or goodwill;
• Cost of substitute services;
• Personal injury or property damage;
• Damage to vehicles, Charging Equipment, or other property; or
• Any other intangible losses;

(b) Any damages arising from:

• Your use of or inability to use the Service;
• Any Charging Equipment malfunction, failure, or incompatibility;
• Conduct of any Host, Guest, or third party;
• Unauthorised access to your account or data;
• Any errors, omissions, or inaccuracies in Platform content; or
• Any other matter relating to the Service.

9.2.2 Liability Cap

Subject to Section 9.3, and to the maximum extent permitted by applicable law, GuestCharge's total aggregate liability for any and all claims arising under or in connection with these Terms or the Service shall not exceed the greater of:

(a) One hundred pounds sterling (£100.00); or

(b) The total Commission fees retained by GuestCharge from your transactions in the twelve (12) months preceding the claim.

This cap reflects GuestCharge's role as a software platform that does not control physical equipment or premises. The cap applies to the fullest extent permitted by law but does not limit any liability that cannot lawfully be limited, including liability arising under Section 9.3.

9.2.3 Specific Exclusions—Software Platform Limitation

GuestCharge is a software company providing digital platform services only. We have no physical capability to cause, prevent, or remedy any of the following, and expressly disclaim all liability for:

9.3 Consumer Rights Preservation

Nothing in these Terms excludes or limits our liability for:

(a) Death or personal injury caused by our negligence;

(b) Fraud or fraudulent misrepresentation;

(c) Any liability that cannot be excluded or limited under the Consumer Rights Act 2015 or other applicable law; or

(d) Any other liability that cannot lawfully be excluded.

If you are a consumer, you may have statutory rights under the Consumer Rights Act 2015 that cannot be excluded or limited. These Terms do not affect those rights.

9.4 Acknowledgement of Risk

You expressly acknowledge and agree that:

(a) Electric vehicle charging involves inherent risks, including electrical hazards, and these risks exist independently of GuestCharge's software platform;

(b) Charging Equipment is owned, installed, maintained, and operated by third-party Hosts, not GuestCharge;

(c) GuestCharge is a software platform only and has no physical ability to inspect, certify, verify, maintain, or guarantee any Charging Equipment, electrical installation, or Host premises;

(d) GuestCharge relies entirely on Host self-certification for compliance with electrical safety standards, insurance requirements, and regulatory obligations, and does not and cannot verify these certifications;

(e) You assume all risks associated with using Charging Equipment and accessing Host locations, including risks arising from equipment malfunction, electrical faults, or Host non-compliance;

(f) Any physical harm, property damage, or loss arising from Charging Equipment or Host premises is the sole responsibility of the Host, not GuestCharge; and

(g) The limitations in this Section 9 are fundamental to the basis of the bargain between you and GuestCharge, and GuestCharge would not provide the Service at its current pricing without these limitations.

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10. INDEMNIFICATION

10.1 Guest Indemnification

Guests agree to indemnify, defend, and hold harmless GuestCharge, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

(a) The Guest's use of any Charging Equipment;

(b) The Guest's breach of these Terms;

(c) The Guest's violation of any applicable law or regulation;

(d) Damage to Host property or Charging Equipment caused by the Guest;

(e) Personal injury or death occurring in connection with the Guest's use of the Service (except where caused by GuestCharge's negligence);

(f) The Guest's negligent or reckless operation of a vehicle; or

(g) Any dispute between the Guest and any Host.

10.2 Host Indemnification

Hosts agree to indemnify, defend, and hold harmless GuestCharge, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

(a) The installation, operation, maintenance, or condition of the Host's Charging Equipment;

(b) Any defect, malfunction, or failure of the Charging Equipment;

(c) Any injury, death, or property damage occurring at the Host's premises or in connection with the Charging Equipment;

(d) The Host's breach of these Terms, including any warranty or representation;

(e) The Host's failure to maintain adequate insurance;

(f) The Host's violation of any applicable law, regulation, or safety standard;

(g) Any dispute between the Host and any Guest;

(h) Any claim that the Charging Equipment infringes third-party intellectual property rights; or

(i) Any tax liability, penalty, or interest arising from the Host's charging income.

10.3 Indemnification Procedure

Upon becoming aware of any claim subject to indemnification:

(a) GuestCharge will promptly notify the indemnifying party in writing;

(b) The indemnifying party shall assume control of the defence at their own expense;

(c) GuestCharge may participate in the defence with counsel of its choosing at its own expense;

(d) The indemnifying party shall not settle any claim without GuestCharge's prior written consent if such settlement would impose any obligation on GuestCharge or admit any liability on GuestCharge's behalf; and

(e) GuestCharge will provide reasonable cooperation in the defence.

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11. DISPUTE RESOLUTION

11.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first attempt to resolve the dispute informally by contacting us at team@kdenergy.co.uk. We will attempt to resolve the dispute within thirty (30) days.

11.2 Mediation

If informal resolution is unsuccessful, either party may propose mediation before a mutually agreed mediator or, failing agreement, a mediator appointed by the Centre for Effective Dispute Resolution (CEDR). The costs of mediation shall be shared equally unless the mediator directs otherwise.

11.3 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

11.4 Jurisdiction

Subject to the mediation requirement above, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of your country of residence.

11.5 Time Limit for Claims

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action arises, except where a longer period is required by applicable law.

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12. TERMINATION

12.1 Termination by You

You may terminate your account at any time by:

(a) Using the account deletion function in your account settings; or

(b) Contacting us at team@kdenergy.co.uk.

Account termination does not affect any outstanding payment obligations or any provisions of these Terms that by their nature should survive (including Sections 7, 9, 10, and 11).

12.2 Termination by GuestCharge

We may suspend or terminate your account immediately and without notice if:

(a) You breach any provision of these Terms;

(b) We reasonably suspect fraudulent, abusive, or illegal activity;

(c) You fail to pay any amounts owed;

(d) Continued provision of the Service to you would violate applicable law;

(e) We receive a valid legal request requiring termination; or

(f) We decide to discontinue the Service.

12.3 Effect of Termination

Upon termination:

(a) Your right to access and use the Service immediately ceases;

(b) We may delete your account data in accordance with our Privacy Policy;

(c) Any pending Host payouts will be processed subject to Stripe's policies;

(d) Outstanding payment obligations remain enforceable; and

(e) Provisions intended to survive termination shall remain in effect.

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13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and GuestCharge and supersede all prior agreements, understandings, and representations.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of GuestCharge.

13.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. GuestCharge may assign these Terms to any affiliate or successor in interest without your consent.

13.5 Third-Party Rights

These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999, except that our affiliates and licensors may enforce the limitations of liability and indemnification provisions.

13.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to GuestCharge must be sent to:

KD Industries Ltd
Attn: Legal Department
69 Marlborough Place, London, NW80PT, United Kingdom
Email: team@kdenergy.co.uk

13.7 Force Majeure

GuestCharge shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, labour disputes, power failures, or third-party service provider outages.

13.8 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and GuestCharge. Hosts are independent contractors, not employees or agents of GuestCharge.

13.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

13.10 Language

These Terms are drafted in English. If translated into any other language, the English version shall prevail in case of conflict.

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14. CHANGES TO THESE TERMS

We may modify these Terms at any time. Material changes will be notified via:

(a) Email to your registered address;

(b) Prominent notice on the Platform; or

(c) In-app notification.

Changes take effect thirty (30) days after notification unless a different effective date is specified. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

If you do not agree to any changes, you must stop using the Service and may terminate your account.

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15. CONTACT INFORMATION

KD Industries Ltd (trading as GuestCharge)

Registered Office:
69 Marlborough Place, London, NW80PT, United Kingdom

Company Registration Number: 16052026
VAT Registration Number: GB484368453

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BY USING THE GUESTCHARGE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

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Last Updated: 19 January 2026