The apps “DiDi Passenger” and DiDi Driver”, depending on who is using them, shall hereinafter be called “DiDi App”, and any reference to such term shall be understood to be made to DiDi Passenger or to DiDi Driver, accordingly, depending on the context and the person who is utilizing such app “a Driver Partner or a User).

An individual who accesses, browses or uses DiDi App or any DiDi websites in connection to DiDi Passenger for request the delivery of one or more products or objects to a specific destination shall be hereinafter referred to as the “User”.

An individual who accesses, browses or uses DiDi App or any DiDi websites in connection to DiDi Driver to pick up one or more products or objects, and deliver them to a specific destination (a “Delivery”) shall be hereinafter referred to as the “Driver Partner”.

DiDi and, in certain countries, its affiliates, provide, using a technological platform, intermediation services (the “DiDi’s Services”) between Users and Driver Partners to allow the User, according to his/her needs, to arrange for and plan online the direct provision by independent third parties of Delivery services (the “Driver Partner Services”).

When a User requests, at his own expense and risk, a Delivery through the DiDi App (a “Designated User”), the app will put such User in contact with a Driver Partner (the “Designated Driver Partner”), who will be in charge of recollecting the product(s) or object(s) to be delivered, and delivering them in the destination specified by the User.

The User acknowledges that the Company does not provide the Driver Partner Services, nor any delivery or logistic services, and that the Driver Partner Services are directly provided by the Appointed Driver Partner, who is an independent third party and does not act as an employee of the Company or any of its affiliates.

1.Registration

1.1.To use the DiDi App, the User successfully complete the registration process of DiDi Passenger.

1.2.In order to perform Deliveries as a Driver Partner, the Driver Partner shall complete the registration process of DiDi Driver.

1.3.Each of the User and the Driver Partner, as applicable, acknowledge and agree that once registered on the DiDi App, their User or Driver Partner account, as applicable, will be automatically open by default on the DiDi App. The default account and password shall be the User’s and Driver partner’s account and password for DiDi Passenger, as applicable.

1.4.The information introduced by the User or the Driver Partner, as applicable, when registering in the DiDi App shall be exact, current and truthful at all times.

Notwithstanding the foregoing, DiDi shall not be responsible for the accuracy of the data introduced by a User or Driver Partner in the DiDi App, since such information is uploaded by the interested party, and are his/her exclusive responsibility.

1.5.DiDi shall have total freedom to accept or reject the registration of a User or a Driver Partner in the DiDI App, and/or to suspend or cancel his/her account at any time, unilaterally, for any reason, and without cause, and this will not give such person any right to any type of claim or compensation.

2.Services

2.1.The DiDi App allows the User to request and schedule the Delivery Services that will be provided by the Designated Driver Partner, who is not an employee, staff member or a representative of the Company. The Designated Driver Partner shall receive a sum paid by the User as compensation for the Driver Partner Services, through the use of the DiDi App, whereas DiDi is a third-party intermediary between the User and the Driver Partner.

2.2.To use the DiDi App, both the User and the Driver Partner must provide the Company with certain personal information, which must be accurate and complete. The User and the Driver Partner agree to keep such personal information required by the DiDi App up to date. If such data cannot be kept up to date as described above, the access and use of the DiDi App and the performance of the Delivery Services provided by the Designated Driver Partners may be affected.

3.Service Use

3.1.DiDi will make all reasonable efforts to allow the User and the Driver Partner to access the DiDi Services, according to the availability of Driver Partners in the place and time in which the User makes its request.

3.2.The DiDi Services shall be used for Deliveries to be made inside the national territory in the Republic of Chile, and the Driver Partner will charge the User a fee for such services, which shall be paid through the electronic payment service included in the DiDi App, or in cash, at the time of receiving the product(s) to be delivered. The User shall have total freedom to choose the payment form.

3.3.The Driver Partner may freely accept or reject a Delivery request. If the Driver Partner freely decides to accept such a request, the User will receive a notification of acceptance to his Delivery request in the DiDi App. Such notification will include, among other details, the name of the recipient of the Delivery, his address and phone number, the value of the Delivery, and the name of the Driver Partner who will be making the Delivery.

3.4.The DiDi App will allow the User to know the route followed by the Driver Partner in real time, and to contact the Driver Partner when necessary.

3.5.The Driver Partner will complete his/her Delivery when he/she delivers the products or objects to be delivered to the person indicated in the request, at the address designated by the User. The User shall be the sole responsible party for the veracity and truthfulness of the data he/she introduces for his Delivery request.

3.6.The User acknowledges that it is explicitly forbidden to request the Delivery of dangerous items, as well as any items forbidden or considered inappropriate by any law, rule or applicable regulation, such as firearms (even when it is authorized by a permit), weapons, or any object which could be considered contrary to the public order. The User shall be exclusively responsible for any consequence and liability that arises from requesting the Delivery of such products.

3.7.The User shall not ask or cause any Designated Driver Partner to engage in any act that infringes any traffic regulation or any other applicable laws or regulations. In the event of any administrative penalty, injury, traffic accident, vehicle damage or any other loss arising out of any such prohibited acts attributable to the User, the User shall indemnify the party incurring any loss.

3.8.Neither the User nor the Driver Partner shall publish nor disclose to anyone and for no purpose at all any personal information about any Driver Partner or any other User, the User may have access to when providing the DiDi Services, except that any such information may have been obtained through a lawful channel and as permitted by the applicable laws. DiDi shall not be liable for any interaction between Users and Driver Partners. However, DiDi reserves the right to block or limit access to the DiDi App in case of damages to any moral or good customs in any interaction between Users and/or Driver Partners.

3.9.The Users and the Driver Partners using the DiDi App acknowledge and understand that the DiDi App is based on big data analytics.

3.10.When using the DiDi App, the User or Driver Partner, as may be applicable, agrees that the Company may contact them through any means the User or the Driver Partner, as applicable, has provided directly or in the name of any other individual. The foregoing in connection with the account of the User or the Driver Partner, as applicable, for the processing purposes detailed in the Privacy Notice of the DiDi App, including for business purposes, which must be agreed to when signing up as a User or Driver Partner, as applicable.

3.11.The User or the Driver Partner, as applicable, will use the DiDi App and the DiDi Services only for personal purposes, and shall not access the app for commercial purposes, or to get commercial or business intelligence for personal gain or for the benefit of any third party.

3.12.The User agrees and acknowledges that there is no subordination or employment relationship between DiDi or any of its affiliates and the Designated Driver Partner, or any other individual or entity managing or related to the activities of the Designated Driver Partner resulting from any of the activities carried out by the Designated Driver Partner.

3.13.The User and the Driver Partner, as applicable, shall be responsible for all activities that take place on their respective accounts and each obliges to maintain the security and confidentiality of his respective username and password at all times. Unless otherwise allowed by the Company by writing, the User or the Driver Partner, as may be applicable, shall have only one service account.

3.14.The gathering and use of personal data related to the DiDi App is described on the Privacy Notice of the DiDi App, which is an integral part of these Terms and Conditions.

4.1.The User and the Driver Partner each warrant that the data provided to DiDi shall be true, accurate and complete. In relation to the operation of the DiDi App and the provision of the DiDi Services, DiDi reserves the right to verify the data of the User and/or the Driver Partner.

4.2.It shall be the User’s and the Driver Partner’s obligation to keep updated any mobile device hardware or software to support the current the DiDi App requirements. The Company shall not be responsible for any problems that may come up if the User or the Driver Partner, as applicable, is not using the latest updated version of the DiDi App and/or is using the DiDi App on any mobile device that fails to meet the applicable current DiDi App requirements. The User and the Driver Partner agree that the Company may periodically have the mobile phone software and hardware requirements to use the DiDi App updated.

4.3.Obligations of the User: Whenever the User uses the DiDi App, he agrees to the following:

a.The User shall use the Services or will download the DiDi App for personal use and will not resell them to any third party;

b.The User shall not request Deliveries of products and objects which are illegal, or which transportation could be illegal, o contrary to applicable regulation, or which could be contrary to public order and morality.

c.The User shall take all relevant measures to ensure the protection and conservation of the objects to be delivered by the Driver Partner. The User acknowledges that the Driver Partner will not be obligated to take any special measure, out of the ordinary, for the transportation of such objects to be delivered.

d.The User shall not use the DiDi Services, or the DiDi App, for any illegitimate purpose, including but not limited to transfer or storage illegal materials or fraudulent ends;

e.The User shall not use the DiDi Services, or the DiDi App, to harass or hamper third parties nor cause them troubles;

f.The User shall not use the DiDi Services or the DiDi App to disrupt the normal operation of telecommunication network or technology infrastructure;

g.The User shall not try to damage the DiDi Services or the DiDi App;

h.The User shall provide the identification information that reasonably requests DiDi;

i.The User shall make all the payments for the DiDi Services requested; and

j.the User shall comply with any applicable laws in the country/region, province and/or city where the User uses the DiDi App.

4.4.Obligations of the Driver Partner: The Driver Partners shall comply with the following measures in order to render the Driver Partner Services, related to the interactions that could result from using the DiDi App:

a. they shall comply with all requirements or conditions which are mandatory to be a qualified driver, as set forth in any applicable law, rule or administrative regulation and shall have all required permits in force and up to date.

b. they shall have a good driving record.

c. they shall speak Spanish as a native speaker.

d. the understanding of other languages will be considered an advantage.

e. shall have a criminal record issued recently.

f. shall not deliver the Driver Partner Services in a way that puts the User in danger, and cannot have precedents of reckless driving;

g. will not deliver the Driver Partner Services or use the DiDi App if under the influence of alcohol;

h. will not deliver the Driver Partner Services or use the DiDi App if under the influence of psychoactive substances or if they have a history of drug addiction that necessarily imply a risk to the delivery of the Driver Partner Services to Users.

i. shall not have a history of diseases which could endanger the health of the Driver Partner or the Users during the delivery of the Driver Partner Services.

j. shall not have been involved in a traffic accident in the last three years.

k. shall not have in their power, at the moment of delivery of the Driver Partner Services, a firearm (even if registered and authorized) or other objects or elements which could constitute a danger to the User, such as knives o piercing objects.

l. Driver Partners recognize and acknowledge that, in the delivery of the Driver Partner Services, he/she does so under its own risk and account, in a way that DiDi will never be liable of loss of income, or for any damage, direct or indirect, which could have been suffered by the Driver Partner, in the delivery of the Driver Partner Services through the DiDi App.

m. The Driver Partner shall be the sole responsible for (i) the use of his/her account; (ii) the delivery of the Driver Partner Services in the form set forth in these Terms and Conditions in accordance with applicable current legislation; (iii) the periodic maintenance of his vehicle, so that the same is in an optimal state to deliver his/her Driver Partner Services; and (iv) the damages and losses that he/she may cause, direct or indirect, to him/herself or to others, as a result of the delivery of his Driver Partner Services.

5.3.The User shall promptly pay the amount due to the order as presented by the DiDi Passenger. If any charge is overdue, the Company shall have the right to refuse to provide the User’ the DiDi Services.

5.4.The User may make the payment on the DiDi App via third-party electronic payment account and online bank payment systems. The processing of payments shall be subject to the Terms and Conditions and the terms and policies of the electronic payment service providers and credit/debit card issuing banks. DiDi shall not be liable for any errors made by electronic payment service providers or banks. DiDi will obtain the details of the specific transactions relating to the User’s use of the DiDi Services. DiDi will strictly comply with relevant laws and regulations and the Company’s policies in using such information.

5.5.Once the User has made the corresponding payment, DiDi may issue a summary of fares charged to the User, as a payment receipt, which will not be considered as an invoice for any tax purposes.

5.6.The issuance of any document or invoices that may be required by the User for Delivery service shall be issued by the Designated Driver Partner or any individual or entity managing the activities of the Designated Driver Partner, whoever applicable, as required by applicable laws or regulations.

5.7.It is the sole responsibility of the Designated Driver Partner or the individual or entity providing the Delivery Service, to duly deliver the documents, invoices, and receipts to the User, according to the applicable laws or regulations. In this sense, the User shall be responsible for (i) requesting any document or invoices that the User may require and (ii) providing any and all personal information required for such purposes.

5.8.Though DiDi may provide the relevant information to the Users to issue the required documents or invoices according to the applicable laws, DiDi shall not be responsible for the issuance of any document or invoice required by the User for the Delivery service provided by the Designated Driver Partner, since DiDi does not render such service, and shall not be liable for any error or failure to deliver the relevant documents. In no way shall DiDi be held liable or responsible for any error, inconsistency or malfunction of the DiDi App or relevant websites that may affect the issuance of such documents or invoices.

5.9.The User is able to manage their trips. The User may check the status of the orders made on the DiDi App.

5.10.The User shall check the actual payment amount of the order immediately after the completion of each order. If the User has any objections to the payment amount, the User shall contact DiDi immediately.

5.11.Telecommunication services and related fees, which may be incurred when using the DiDi App, are provided and charged by the telecommunication operators, not by DiDi.

5.12.Under no circumstance DiDi will provide transportation services, logistic or parcel delivery services. The Deliveries are carried out exclusively by the Driver Partners, who are responsible for such service, and for any taxes incurred as a consequence of the income generated for the delivery of the Driver Partner Services.

5.13.The income generated by the Driver Partner Services requested by Users, through the utilization of DiDi App, and provided by the Driver Partner, shall be charged and collected in two ways, as selected by the User: (i) directly by the Driver Partner, in the event that the User picks payment in cash; and (ii) by DiDi, on behalf of the Driver Partner, or by a third-party appointed by DiDi (an “Authorized Third Party”), as a collection agent of the Driver Partner. The payment made by the User for a Delivery shall be considered as a payment made directly to the Driver Partner. The Driver Partner explicitly authorizes and grants a mandate to DiDi and the Authorized Third Party, to charge and collect such income on his/her behalf.

5.14.When applicable, the Driver Partner explicitly authorizes DiDi to retain the fees and commissions it is entitled to perceive for the DiDi Services, and those that shall be paid to the Authorized Third Party for its collection services, and to pay such amounts, on behalf of the Driver Partner, to the Authorized Third Party.

5.15. The Driver Partner accepts that DiDi may, at its own discretion, fix the payment of the fees of the Authorized Third Party on behalf of the Driver Partner as a temporary incentive.

5.16.All taxes and withholdings caused as a consequence of the relationship between DiDi and/or the Driver Partner with an Authorized Third Party, as well as the temporary incentive, shall be exclusively borne and paid by the Driver Partner.

5.17.The Driver Partner accepts and acknowledges that the Company may perform compensations and set-offs at its discretion for the abovementioned sums based on Company netting standards.

If the User uses the DiDi App, the User agrees to from and against any and each claim, liabilities, damages, costs, and expenses, including the attorneys’ fees and judicial expenses derived of or related to the following events (individually referred to as a “Wrongful Act”).

a.Breach or violation of any of these Terms and Conditions or any law or guideline applicable (even if it is not mentioned in this document);

b.Infringement of any rights of any third party;

c.Abuse of the DiDi App or the DiDi Services or the Driver Partner Services;

d.Causing any damage to the vehicle or its internal equipment, or to the Appointed Driver Partner due to due to gross negligence or willful misconduct.

7.1. The Driver Partner shall deliver the Driver Partner Services to the User in accordance with the agreed standards and applicable laws in the jurisdiction of the Driver Partner. It will be understood that the Driver Partner is not delivering the Driver Partner Services in good faith, in the following cases (each, hereinafter, a “DP Wrongful Act”):

a. disclosure of inaccurate or incomplete information;

b. not completing a Delivery in the conditions agreed with the User;

c. charging additional amounts or fees to those set forth in the DiDi App, or in an illegal manner;

d. taking actions against a User or third parties who have complained about the quality of the Driver Partner Services, or for an unsatisfactory comment about the delivery of such services.

7.2 If a Driver Partner commits a DP Wrongful Act, it shall be construed as a breach by the Driver Partner of these Terms and Conditions, regardless of whether or not the User formally files a complaint or not, and the Company shall be entitled to terminate the cooperation with the Driver Partner. The Company shall also have the right to demand compensation for the loss incurred as a consequence of the DP Wrongful Act.

7.3 It will also be considered a DP Wrongful Act if, after accepting a request from a User through the DiDi App, the Driver Partner cancels the request and refuses to make the Delivery, or incites or forces the User to cancel the request (hereinafter, a “Cancellation”), unless: (i) the Delivery puts the Driver Partner at risk; or (ii) the Driver Partner perceives that the security of his/her vehicle may not be fit for delivering the Driver Partner Services; or (iii) any other legitimate reason based on applicable law, in the jurisdiction of the Driver Partner. In the second case, the damages and losses derived from the non-rendering of the Driver Partner Services, including those which could have been caused by the Company, shall be the exclusive responsibility of the Driver Partner. The Driver Partner acknowledges and authorizes the Company to monitor the information related to a Cancellation. An unjustified Cancellation shall be considered a breach of these Terms and Conditions.

7.4. If the Driver Partner breaches any agreement entered into with DiDi or its affiliates, the Company may, at its own discretion, terminate these Terms and Conditions with the Driver Partner.

7.5. The Driver Partner will indemnify the Company, its affiliates, and their officers, employees and directors as soon as requested for all reclamations, liabilities, damages, costs and expenses, including attorneys’ fees, which may derive from the breach of these Terms and Conditions, or derived from the use of the DiDi App by the Driver Partner. The Company shall have the right to claim payment from any liable party for any amount which exceeds the amount of the indemnity, pursuant to applicable law, as well as taking any measures against the liable parties.

8.Local Regulatory Restrictions

DiDi does not influence or induces people to use the DiDi App in any jurisdiction where (for citizenship, residence or other reasons) access to or availability of the DiDi App is prohibited or subject to any restriction, including registration or other requirements in that jurisdiction.

DiDi reserves the right to limit access to the DiDi App. Anyone who has access to the DiDi App in any jurisdiction does it on their own initiative and shall be responsible for complying with the applicable local laws and regulations.

DiDi shall not be liable to any User nor any Driver Partner for any loss or damages, under a contractual provision, civil liability (including negligence), failure to perform a duty under the law or for any other reason, even if any such loss or damages were foreseeable, arising out of or in connection with the use by any individual in a jurisdiction where access to or availability of the DiDi App is prohibited or subject to any restriction. In case of doubt, the User or the Driver Partner, as may be applicable, shall seek to obtain independent legal advice.

9.No Warranties

9.1 No warranties are provided, explicit or implied, regarding the DiDi App and any materials posted on the DiDi App, including, but not limited to its content.

9.2 Except as expressly stated in these Terms and Conditions, any warranties, conditions and representations, whether expressed or implied by law or as otherwise stated by DiDi (including, but not limited to, warranties regarding satisfactory quality, fitness for a purpose or expertise and care) are excluded by virtue of this provision to the extent permitted by law.

10.Limitation of DiDi’s Liability

10.1. Any information or recommendation provided or made to the User on any DiDi websites or the DiDi App is for the User’s or the Driver Partner’s reference only, as may be applicable. DiDi shall make all reasonable efforts to ensure the accuracy of that information, however, it is understood that DiDi does not guarantee that such information is immune to any mistakes, faults, malware or viruses.

10.2. DiDi shall not be responsible for any damages resulting from any use or failure to use any DiDi websites or the DiDi App. Also, DiDi shall not be liable for damages resulting from the use or any failure to use the electronic communication tools on any DiDi websites or the DiDi App, including, but not limited to, damages caused by any transmission failure, Internet connection problems or any delays in electronic communications, electronic communication interception or tampering by a third party or computer software used in electronic communication and virus spread, power outage, strikes, or any other labor disputes, riot, uprising, revolt, earthquakes, fire, flood, storm, explosions, war, government actions, orders issued by judicial or administrative authorities, or any other force majeure events or third-party failures.

10.3. DiDi shall not be responsible for any indirect, moral, emerging, special, exemplary, punitive or incidental damages, including loss of profit, loss of data, or material damages in connection with or in any way arising out of any use of the DiDi App or the Services, regardless of any negligence by (active, affirmative, single or concurrent) by DiDi, even if DiDi had been advised of the possibility of such damages.

10.4. DiDi is not responsible for the accuracy, adequate integrity and reliability of the information and content included on the DiDi App or any DiDi websites, including, but not limited to, any texts, images, data, views, websites or links, despite any efforts to provide accurate and exhaustive information to the extent possible. DiDi denies any liability for any mistake or omission and does not provide any express or implied warranty.

10.5. The User and the Driver Partner, as may be applicable, each understand and acknowledge that, when using the DiDi App, the Company processes a large amount of information on the internal server based on such use and provides information about the available User and Driver Partners to a User’s mobile device and vice versa, after which, the Designated Driver Partner provides the Delivery services to the Designated User, offline.

10.6. In no case shall the Company’s liability to the User, in connection with the operation of the DiDi App or the DiDi Services, for any damages, loss, and actions, exceed five hundred American Dollars (USD500), except where the law requires a higher amount.

10.7 Likewise, in no event, the provision of any additional assistance provided by DiDi to a User, User, a Driver Partner, or any other third party who might benefit, directly or indirectly, implies that DiDi undertakes any responsibility for such assistance. In the same way, it does not mean that this additional assistance causes an adjustment over the Terms and Conditions or implies a change over the nature or characteristics of DiDi’s Services.

10.8. The Driver Partner explicitly acknowledges and accepts that DiDi will not be liable of any accident, damage or loss, whether direct or indirect, that the Driver Partner and/or third parties may incur in providing the Driver Partner Services to Users, in the understanding that the person who is engaging the Driver Partner is the User directly; that the Driver Partner provides his/her Driver Partner Services at his own risk and expense. DiDi only provides an intermediation service through the DiDi App, as an independent third party, and does not intervene in the relationship between the Driver Partner and the User.

11.Authorization and License

11.1. Subject to compliance by the User and/or the Driver Partner, as may be applicable, with these Terms and Conditions, DiDi provides the User or the Driver Partner, as may be applicable, with a limited, non-exclusive, non-transferable license to download and install a copy of the apps on one single mobile device the User or the Driver Partner, as may be applicable, has or controls to use such copy of the apps only for the User’s or Driver Partner’s personal use.

11.2. Neither the User nor the Driver Partner shall: (1) issue licenses or sublicenses, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the DiDi App or other DiDi services available to a third party; (2) modify or create works from or based on the DiDi App or the DiDi Services or other services; (3) create Internet “links” to the DiDi App or other DiDi services or “frame” or “reproduce” any app on any other server or wireless device or Internet-based device; (4) apply reverse engineering or access the DiDi App or other DiDi services aiming to design or create a competing product or service, design or create a product using ideas or graphics similar to the DiDi App or other DiDi services, or copy any ideas, features, functions, or graphics from the DiDi App or other DiDi services; or (5) launch an automated software or script, or any other software that may make multiple requests to servers per second, or that hinders or hampers inappropriately the DiDi App operation and/or performance or other DiDi services.

11.3. Also, neither the User nor the Driver Partner must: (1) send spam or duplicate or unwanted messages in violation of the applicable laws; (2) send or store any breaching, obscene, threatening, defamatory or otherwise illegal or illicit materials, including any materials infringing third-party rights to privacy; (3) send or store any materials containing any software viruses, worms, Trojan horses or any other computer code, files, scripts, agents or malware; (4) interfere with or affect the integrity or operation of any DiDi websites, apps or the Services or any existing data relating thereto; or (5) try to get unauthorized access to DiDi websites, apps, DiDi Services or any other DiDi services or related systems or networks.

11.4. DiDi shall be entitled to inquire into and take any actions and meet any requirements provided to DiDi by the law and these Terms and Conditions, in case of any failure to perform the obligations above and seek to prosecute upon any of the non-compliances referred to above to the fullest extent permitted by law. DiDi shall be entitled to come to the administrative or judicial authorities to file any claims against any User or the Driver Partner, as may be applicable, who fails to comply with these Terms and Conditions. Should DiDi determine that any content infringes these Terms and Conditions or is otherwise detrimental to DiDi’s website, the DiDi App and/or the Services or related apps, DiDi reserves the right to remove or prohibit access to any such content at any time without further notice.

12. Intellectual Property Policy

12.1. DiDi and its affiliates hold the intellectual property rights to any content distributed through the DiDi App, including, but not limited to, the provided software and DiDi Passenger related products or services and other DiDi’s Services, and such intellectual property rights shall remain protected by Law. Failure to state the ownership rights to certain contents shall not mean that DiDi is not the owner or cannot exercise its rights thereto, and the User and the Driver Partner shall respect the owner’s legal rights and interest and use such content legally in accordance with the applicable laws and regulations and the principle of good faith.

12.2. No individual or legal entity shall, without the written consent of DiDi, use, copy, modify, use extracts from, include with other products for use or sale, links or transmit via a hyperlink, store on an information recovery system or use for any other business purposes any part of the software, the products or the DiDi App or other DiDi services, of the information or words referred to above in any way and under no circumstance, except for download or printing for personal use, not for business use, being it understood that none of the foregoing shall be modified, and that the copyright statement or any other ownership contained therein shall remain valid.

12.3. The registered trademarks, logos, signs, and slogans or other parts protected by any intellectual property standards or laws (hereinafter collectively referred to as the “Trademarks”) used and displayed on the DiDi App or any DiDi websites shall constitute DiDi’s and its affiliates’ Trademarks, whether registered or not, protected by law. No individual shall use any content of the software, “DiDi”, “DiDi Chuxing”, “DiDi Hailing” and similar names, or the Trademarks in any way without the written consent of DiDi.

12.4. If the User or the Driver Partner prints, copies, downloads, modifies or links any part of the Content available on the website or app, in violation of these Terms and Conditions, the right of the User or the Driver Partner, as may be applicable, to use the Company’s websites and apps may be immediately suspended, and the User or the Driver Partner, as may be applicable, shall, at the Company’s discretion, return or destroy any copies (electronic or in any other format) of the materials the User or the Driver Partner, as may be applicable, may have made or reproduced.

During any use of the websites and apps, DiDi may provide the User or the Driver Partner, as may be applicable, from time to time with links to any websites owned and controlled by third parties (the “Third-Party Services”) to allow the User to buy products or services or participate in any promotional activities offered by such third parties.

When clicking on such links, the User and/or the Driver Partner, as may be applicable, will leave DiDi website or the DiDi App and visit third-party hosted websites beyond DiDi’s control, where such third parties have drafted their own terms, conditions, and privacy notices, which may apply to the use by the User or the Driver Partner, as may be applicable, of such Third-Party Services. Therefore, DiDi shall not be liable for the content and activities of such websites and DiDi shall have no obligations in connection with them. The User or the Driver Partner, as may be applicable, shall fully understand the content and activities of such websites and shall to assume full responsibility and undertake the risks of browsing or visiting such websites.

14. Term

14.1. These Terms and Conditions as agreed upon by the User, the Driver Partner and DiDi shall have an indefinite duration.

14.2. In cases in which the Company determines or believes that the User or the Driver Partner, as may be applicable, has committed a Wrongful Act or a DP Wrongful Act, as applicable, the Company reserves the right to immediately take any actions deemed convenient, including, but not limited to, the termination of the relationship between DiDi and the User or the Driver Partner, as may be applicable, which shall prevent the User or the Driver Partner, as may be applicable, from accessing DiDi’s services and using them to use the Delivery Services provided by the Driver Partners. Any Wrongful Act or DP Wrongful Act may result in the following actions being taken:

a.The Company shall be entitled to require remediation or indemnity from the responsible party in respect of any amount exceeding the corresponding damages amount pursuant to the law, and to take any measures necessary against the non-complying or breaching parties.

b.The User shall be entitled to terminate the DiDi Services at any time by canceling their User or Driver Partner account, as applicable, at any time according to the instructions given on any DiDi websites or the DiDi App. After such cancellation, the User or the Driver Partner, as applicable, may not use the DiDi App until they sign up again and re-install the relevant DiDi App successfully.

14.3. Even if DiDi terminates these Terms and Conditions, the User or the Driver Partner, as may be applicable, shall comply with its payment obligations and shall be liable for any damages arising out of or in connection with its non-compliance.

13.1.Upon termination, DiDi shall give the corresponding notice pursuant to these Terms and Conditions.

13.2.Except as otherwise required by the applicable law or provided in these Terms and Conditions, DiDi shall not be bound to notify in advance of the termination of these Terms and Conditions. Upon termination, DiDi shall give the corresponding notice pursuant to these Terms and Conditions.

15. Acts of God or Force Majeure Events

Should there be an act of God or force majeure event, the affected party shall be entitled to temporarily suspend the performance of its obligations hereunder until the effect of such act of God or force majeure event ceases and shall not be in breach of contract. The foregoing on the understanding that the affected party shall make its best efforts to settle such cause and mitigate any loss. An act of God or force majeure event means any unpredictable or unavoidable cause (if foreseeable) beyond the parties’ control, which prevents, affects or delays the performance of any and all the obligations of a party hereunder. Such causes include, without limitation, earthquakes, war, modifications in the laws, regulations and government policies, computer viruses, hacker attacks or service disruption as to services provided by telecommunication companies.

16. General Provisions

16.1. Should any provision (or any part of any provision) of these Terms and Conditions be held by a court of competent authority to be invalid, illegal or unenforceable, such provision, whole or partial, shall be deemed to be removed to the extent necessary, and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected thereby. These Terms and Conditions contain the entire agreement between the parties in respect of the subject matter and supersede and invalidate any previous drafts, agreements, arrangements, and understandings between the parties, written or oral, regarding the subject matter hereof. In these Terms and Conditions, the terms “including” and “include” mean “including, but not limited to”.

16.2. DiDi may give notice by posting a general notice on its website and/or the DiDi App or by sending an e-mail or SMS to the e-mail address or mobile number registered in the account of the User and/or the Driver Partner, as may be applicable. Any notices, which may be posted from time to time, shall be an integral part of these Terms and Conditions.

16.3. Neither the User no the Driver Partner shall assign any right that for each one emerges from these Terms and Conditions without the prior consent of DiDi.

17.1. The User acknowledges and accepts that, unless explicit contradiction between these Terms and Conditions and the terms and conditions of the DiDi Passenger App (the “DiDi Passenger T&Cs”), the DiDi Passenger T&Cs shall be entirely applicable to the User, and any matter not specifically regulated in these Terms and Conditions will be governed by the DiDi Passenger T&Cs.

17.2. The Driver Partner acknowledges and accepts that, unless explicit contradiction between these Terms and Conditions and the terms and conditions of the DiDi Driver App (the “DiDi Driver T&Cs”), the DiDi Driver T&Cs shall be entirely applicable to the Driver Partner, and any matter not specifically regulated in these Terms and Conditions will be governed by the DiDi Driver T&Cs.