Energy Cloud Terms

Last updated: October 5, 2022

Applicability

These supplemental Rivian Energy Cloud Terms of Use (“Energy Cloud Terms”) are between you and Rivian, LLC and its affiliates (collectively, “Rivian” or “we” or “us”) and apply to Rivian’s online platform (“Rivian Energy Cloud”) which allows the monitoring and modification of the status and activity of electric vehicle chargers linked to an Account, as defined below. You and/or the personnel associated with your organization (collectively, “you”) will be granted access to use the Rivian Energy Cloud for your internal business purposes, conditioned upon your acceptance of these Energy Cloud Terms.

You also agree to be bound by Rivian’s General Terms and Conditions (“Rivian Terms”), which can be viewed any time at rivian.com/legal/terms, and Privacy Policy (“Privacy Policy”), which can be viewed any time at rivian.com/legal/privacy. Please read these documents carefully. Together, these Energy Cloud Terms, the Rivian Terms, and the Privacy Policy establish what you can expect from us and what we expect from you as you use our services.

By using the Rivian Energy Cloud, you:

• agree to be bound by these Energy Cloud Terms, the Rivian Terms, and the Privacy Policy, including the Dispute Resolution – Arbitration and Class Action Waiver section of the Rivian Terms which requires arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; and

• represent that you are 18 years of age or older and capable of entering into a legally binding agreement.

If you are agreeing to these Energy Cloud Terms on behalf of a company or other legal entity, you represent that you have the authority to contractually bind such entity and its personnel.

Account Eligibility and Security

Rivian uses the Rivian Energy Cloud to offer proprietary charger management solutions to Account holders (collectively, the “Energy Cloud Services”). In order to use the Energy Cloud Services, you must register for and maintain a user account ("Account"). Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Energy Cloud Services.

The Rivian Energy Cloud is intended for use by Account holders who, either directly or indirectly, are party to a valid agreement for the purchase of Rivian Energy Cloud commercial services, or employed by or otherwise appointed to act on behalf of a party to such agreement. Your organization’s administrator may assign an Account to you; that administrator might require you to follow additional rules and may be able to access or disable your Account. You agree that your use the Rivian Energy Cloud shall be only for commercial purposes and not personal, family, or household activities.

You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Rivian Energy Cloud due to someone else using your password or Account as a result of your failing to keep your Account information secure and confidential.

User Requirements and Conduct

You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Rivian Energy Cloud, and you may only access or use the Rivian Energy Cloud for lawful purposes and consistent with these Energy Cloud Terms and Rivian’s policies. If you fail to comply with these terms (including policies and supplemental terms), you may be denied access to or use of the Rivian Energy Cloud.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Rivian Energy Cloud. Your mobile network's data and messaging rates and fees may apply if you access or use the Rivian Energy Cloud from your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Rivian Energy Cloud and any updates thereto. Rivian does not guarantee that the Rivian Energy Cloud, or any portion thereof, will function on any particular hardware or devices. The availability, performance, and compatibility of the Rivian Energy Cloud with third-party charging equipment may vary. In addition, the Rivian Energy Cloud may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. You acknowledge that the Rivian Energy Cloud and access thereto may be subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations, or lack of coverage of the underlying carrier service and other natural or manmade conditions.

Limitations and Disclaimers

YOUR USE OF THE RIVIAN ENERGY CLOUD IS AT YOUR SOLE RISK. RIVIAN IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF TIME, INCONVENIENCE, LOSS OF USE OF A CHARGER OR ANY VEHICLE, OR COMMERCIAL LOSS. THE ENERGY CLOUD SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. RIVIAN DISCLAIMS ALL EXPRESS WARRANTIES OF ANY KIND, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.

Privacy

Your use of the Rivian Energy Cloud is subject to the Privacy Policy.