Legal

Terms and Conditions

These Terms and Conditions govern your use of the Possible EVS PAYD platform and associated services. Please read them carefully before using our platform.

Last updated: April 2025 · Governed by the laws of Nigeria

1

Definitions and Interpretation

For the purposes of these Terms, the following definitions apply: • "Account" - account created by Possible EVS on the PAYD Mobile Application • "Affiliate" - entity that directly or indirectly controls or is controlled by the specified person • "Approved Routes" - routes approved by Possible EVS for Transport Services • "Bus" - electric vehicle used for Transport Services • "Bus Owner" - person who owns and operates a Bus under a Possible EVS PAYD agreement • "Credentials" - information used to authenticate access (username, password, PIN, biometric data) • "Driver" - individual engaged by Bus Owner, trained and accredited by Possible EVS • "Force Majeure Event" - acts beyond Possible EVS's control (fire, floods, pandemics, war, etc.) • "KYC" - "know your customer" verification process • "PAYD" - Pay-As-You-Drive, the per-kilometre financing model operated by Possible EVS • "PAYD Mobile Application" - proprietary software platform developed by Possible EVS • "Personal Data" - information relating to an identified or identifiable natural person • "Prohibited Person" - individual subject to sanctions or governmental restrictions • "Sensitive Personal Data" - data revealing race, health, ethnic origin, beliefs, genetic/biometric data, marital/family details, sex, or sexual orientation • "Services" - provision of operational and transactional insights via the PAYD Mobile Application • "Transport Service" - provision of transportation to passengers by Driver/Bus Owner
2

Registration and Acceptance of These Terms

2.1 Upon onboarding, Possible EVS creates an Account and provides Credentials via email. 2.2 Users receive access to the PAYD Mobile Application to utilise the Services. 2.3 Services are intended for Possible EVS customers who operate Buses only. 2.4 The PAYD Mobile Application is provided for informational and operational support only, and does not replace your own duty to monitor, maintain, or manage the Buses. 2.5 Unless permitted in writing, users register under one Account only. 2.6 Possible EVS may, at its sole discretion, refuse to allow any person to register for the Services, without providing reasons. Possible EVS shall bear no liability for a decision made under this clause. 2.7 By accepting these Terms, you acknowledge reading, understanding, and accepting them entirely without reservation. 2.8 Checking the consent box constitutes an electronic signature and acceptance of these Terms.
3

Use of the Services

3.1 The following features are available through the PAYD Mobile Application: • Real-time location of the Bus • State of charge of the Bus • Usage metrics (distance, passengers, fare collected) • Availability status of the Bus • Service and maintenance history • Payment records and PAYD rate summaries
4

Provision of Personal Data

4.1 Required Personal Data includes: name, phone number, email address, personal addresses, date of birth, and gender. A profile picture is optional. 4.2 Possible EVS may require documentary information (proof of address, government-issued ID, CAC documents for businesses). Failure to provide may result in delays or denial of account activation. 4.3 You agree to provide complete and accurate information to open and maintain an account on the PAYD Mobile Application and agree to keep such information current and up to date at all times. Possible EVS shall not be responsible for any loss, delay, or liability arising from your failure to provide complete, accurate, and updated information. 4.4 Possible EVS collects and processes Personal Data in accordance with the Possible EVS Privacy Policy available at possibleevs.com/privacy-policy. You may withdraw consent at any time without affecting the validity of prior processing.
5

Verification of Information

5.1 Possible EVS relies on the accuracy and completeness of information provided and may request supporting documentation at any time. 5.2 Possible EVS may limit your access to the PAYD Mobile Application, interrupt provision of the Services, suspend, or close your Account where the information you provided is incomplete, inaccurate, falsified or out of date, or if you fail to comply with requests for documentation.
6

Access, Safeguards and Credentials

6.1 You must keep your Account secure and must not share your Credentials with any third party. 6.2 You are responsible for taking reasonable steps to safeguard the privacy, confidentiality, and security of your Credentials. 6.3 You will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party using your Credentials. 6.4 You agree that you shall not authorise any third parties to use your Account, and may not allow any persons under the age of eighteen (18) years to use the PAYD Mobile Application. Your Account is personal to you and cannot be transferred or assigned to a third party. 6.5 Upon awareness of any security breach or fraudulent access, you must immediately reset your Credentials or inform Possible EVS at info@possibleevs.com.
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Security

7.1 You are responsible for maintaining the confidentiality and security of your Credentials. You understand and agree that you are liable for any unauthorised use of your Account, except where such results directly from our system failure. 7.2 Possible EVS may suspend your Account if: • Account compromise is suspected • There is risk to you, Possible EVS, or third parties • Personal Data is incomplete, inaccurate, or outdated • Violation of these Terms or applicable law is suspected
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Customer Obligations and Responsibilities

8.1 You agree to: • Provide current, accurate, and complete Personal Data • Keep Credentials confidential and be responsible for all Account activity • Respect and protect Possible EVS's intellectual property rights • Use the PAYD Mobile Application as set forth in these Terms • Comply with Possible EVS's Privacy Policy and applicable Nigerian law • Operate Buses only on Approved Routes unless otherwise agreed in writing 8.2 You represent and warrant to Possible EVS that all information you provide is accurate, up-to-date, and true on the day it is communicated to Possible EVS. 8.3 You agree to indemnify Possible EVS and pay any fines, financial penalties, or damages resulting from any illegal, unlawful, or unethical activity by you while using the Services.
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Possible EVS Obligations

9.1 Possible EVS agrees to: • Provide the Services via the PAYD Mobile Application • Provide technical advice and assistance reasonably necessary for use of the platform • Take reasonable steps to rectify system malfunctions promptly • Target a minimum 90% uptime for all PAYD vehicles in service 9.2 Possible EVS does not guarantee that the Services will be completely free of errors or defects or be continuously available at all times. 9.3 Possible EVS undertakes to ensure PAYD Mobile Application security through best efforts, notify users of foreseeable difficulties, and regularly verify the functioning and accessibility of the Application.
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Changes to the Services and Notices

10.1 Possible EVS may add, modify, or withdraw Services at any time. 10.2 Possible EVS will provide notices regarding Account activity and material changes electronically through the PAYD Mobile Application, email, push notification, or via text/SMS to the contact information you provided. 10.3 Notices are considered received twenty-four (24) hours after they are sent. By maintaining an Account, you agree to receive such notices electronically.
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Intellectual Property Rights

11.1 Possible EVS and its Affiliates are and shall remain the owners of all legal and beneficial right, title, and interest in all intellectual property rights connected to or arising from the PAYD Mobile Application and the Services. 11.2 Subject to acceptance of these Terms, Possible EVS grants you a personal, non-exclusive, and non-transferable licence to use the PAYD Mobile Application solely in connection with accessing and using the Services. 11.3 You may not: • Adapt, modify, translate, duplicate, or reverse engineer the PAYD Mobile Application • Use the Application for design or creation of substitute software • Delete or modify any copyright, trademark, or intellectual property notices • Sublicense, lease, rent, sell, or transfer the PAYD Mobile Application or any rights therein
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Prohibited Usage and Conduct

12.1 Prohibited uses include: • Any unlawful or prohibited purpose under Nigerian or applicable law • Transactions involving Prohibited Persons • Use by unaffiliated third parties without written consent • Any activity that damages, disables, or impairs the PAYD platform 12.2 You agree not to behave in any manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. 12.3 Possible EVS will not approve and may terminate Accounts it believes are engaged in illegal or fraudulent activities.
13

Consent to Data Collection and Processing

13.1 The PAYD Mobile Application collects and processes operational and financial fleet data. Possible EVS and authorised Third-Party Service Providers may collect Personal and Sensitive Personal Data as described in the Possible EVS Privacy Policy. 13.2 Possible EVS processes Personal Data in accordance with the Nigeria Data Protection Act, 2023 (NDPA) and regulations made thereunder. By using the PAYD Mobile Application, you acknowledge and agree that collection, use, storage, processing, and sharing of Personal Data is necessary to facilitate provision of the Services. 13.3 You consent to Possible EVS and its authorised partners using anonymised, aggregated data for statistical modelling, trend analysis, and internal business improvement, provided such data is not publicly attributable to you.
14

Suspension

14.1 Possible EVS may suspend your Account for: • Breach of these Terms • Use of Services contrary to your representations or warranties • Ongoing investigations where suspension facilitates the investigation • Revoked or expired Service approval or financing agreement 14.2 Upon suspension, Possible EVS shall give you reasonable notice to remedy the cause of suspension, failing which Possible EVS shall be at liberty to terminate these Terms.
15

Termination

15.1 These Terms are effective from your acceptance upon Account registration. 15.2 Termination may occur when: • You opt to close your Account and all outstanding obligations are settled • Possible EVS closes your Account due to material breach that is not cured within thirty (30) days after written notice 15.3 Possible EVS may discontinue the PAYD Mobile Application and the Services by notice to you. Termination shall be without prejudice to all accrued rights and obligations of the Parties.
16

Amendment of These Terms

16.1 Possible EVS reserves the right to amend these Terms at any time. 16.2 Any proposed amendment will be communicated to you no later than five (5) working days before the date proposed for its entry into force, via email or in-app notification. Continued use of the Services after the effective date of any amendment constitutes your acceptance of the amended Terms.
17

Warranties and Representations

17.1 You represent and warrant that you: • Have attained a minimum age of eighteen (18) years • Have full legal authority to enter into these Terms • Are not engaged in illegal or fraudulent activities • Are not a Prohibited Person under any applicable sanctions regime • Have provided current, accurate, and complete information • Use the Account exclusively for the purposes described herein • Have reviewed and understood these Terms in full
18

Limitation of Liability and Indemnity

18.1 Possible EVS is responsible for providing the Services as described in these Terms and is not responsible for any risk, damage, or loss arising from or related to the Transport Service or its operation. 18.2 Possible EVS and its authorised service providers provide their respective services "as is" and disclaim any and all warranties, express or implied, including warranties of non-infringement, merchantability, or fitness for a particular purpose. 18.3 In no event shall Possible EVS be liable for any indirect, punitive, incidental, special, or consequential damages, whether based on contract, tort, negligence, or otherwise, arising out of or in connection with your use of the Services. 18.4 You shall defend, indemnify, and hold harmless Possible EVS and its service providers from and against any and all losses, costs, liabilities, damages, fines, or expenses arising from any violation of law or breach of these Terms by you.
19

Confidentiality Obligations

19.1 Neither Party shall disclose Confidential Information of the other Party except as permitted under these Terms. 19.2 Possible EVS may disclose Confidential Information to authorised service providers, Affiliates, employees, agents, and consultants who need the information for purposes of fulfilling obligations under these Terms, or as required by law, court order, or governmental authority.
20

Force Majeure

20.1 Where Possible EVS is prevented, hindered, or delayed in performing any of its obligations under these Terms by a Force Majeure Event, Possible EVS shall not be in breach of these Terms or otherwise liable for any such failure or delay in performance. 20.2 Possible EVS may terminate the Services in the event that the Force Majeure Event continues for more than ninety (90) days from the date of notification to you.
21

Notices

All formal notices under these Terms shall be sent by email, registered post, or through the PAYD Mobile Application. To Possible EVS: Possible EVS Limited 7, Hombori Crescent, Wuse 2, Abuja, Nigeria Email: info@possibleevs.com Phone: 09160103223 Notices are deemed given upon delivery receipt or recipient acknowledgment. Notices sent outside working hours (Monday–Friday, 8am–5pm WAT) are deemed given at the start of the next working day.
22

Dispute Resolution

22.1 Parties shall seek to settle disputes amicably. Either party may escalate a dispute by giving written notice, following which authorised representatives shall meet within fifteen (15) days to seek a resolution. 22.2 Any dispute that cannot be settled amicably within thirty (30) days after receipt of a notice of dispute may be referred to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria.
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Governing Law

23.1 These Terms and any dispute or claim, including non-contractual disputes or claims arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

For questions about these Terms, contact us at info@possibleevs.com or call 09160103223

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