By participating in the 2023 Cadillac LYRIQ Complimentary Charging Program (the “Complimentary Charging Program”), you accept and agree to be bound by the EVgo Terms of Service https://www.evgo.com/terms-of-service/], the EVgo Privacy Policy [https://www.evgo.com/privacy-policy/] (both as may be updated from time to time and effective as of the date posted), and these Terms of Use (collectively, the “Complimentary Charging Program Terms”).  PLEASE READ THESE DOCUMENTS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR PARTICIPATION IN THE COMPLIMENTARY CHARGING PROGRAM.  BY COMPLETING THE REGISTRATION PROCESS FOR AND/OR PARTICIPATING IN THE COMPLIMENTARY CHARGING PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE COMPLIMENTARY CHARGING PROGRAM TERMS.  IF YOU DO NOT ACCEPT ANY OF THESE COMPLIMENTARY CHARGING PROGRAM TERMS, DO NOT COMPLETE YOUR REGISTRATION FOR THE COMPLIMENTARY CHARGING PROGRAM OR PARTICIPATE IN THE COMPLIMENTARY CHARGING PROGRAM.

Charging Program

As a purchaser or lessee of a new 2023 Cadillac LYRIQ (“Eligible Vehicle”), you are eligible to receive up to two (2) years of complimentary charging (“Complimentary Charging Credit”) on EVgo’s public network of EVgo owned and operated electric vehicle charging stations (the “EVgo Public Network”).  In order to utilize the Complimentary Charging Credit, you must have a valid EVgo account.  Complimentary charging sessions may be authenticated the EVgo App or an EVgo RFID card. 

Limitations

The Complimentary Charging Credit may only be utilized on the EVgo Public Network.  It may not be utilized at electric vehicle charging stations that are not within the EVgo Public Network, which includes EVgo-branded electric vehicle charging stations that are privately available to dedicated customers.  The Complimentary Charging Credit is not available for use at electric vehicle charging stations that are owned or operated by any third party, even if such third party otherwise makes its chargers available to EVgo customers via an interoperability agreement.

The Complimentary Charging Credit shall only apply to time-based or usage-based fees on the EVgo Public Network.  Ancillary charges levied by EVgo, including charges relating to reservations, penalties or other activities or services unrelated to time or usage, shall not be covered by the Complimentary Charging Credit, and you shall remain separately responsible for such charges.  

The Complimentary Charging Credit may not be used in any manner that is inconsistent with these Complimentary Charging Program Terms, and in no event may be used for a Prohibited Action (defined below).  A violation of any of the Complimentary Charging Program Terms, including without limitation the EVgo Terms of Service, may result in the termination of your Complimentary Charging Credit, without limiting any other remedies available to EVgo.

The Complimentary Charging Credit is non-transferable and is active only so long as you continue to own or lease your Eligible Vehicle.

Prohibited Actions

You are expressly prohibited from utilizing the Complimentary Charging Credit in any of the following ways (each, a “Prohibited Action”):

• You may not utilize the Complimentary Charging Credit to support the use of your Eligible Vehicle for any commercial purpose.  As used herein, “commercial purpose” shall mean any use that is outside the scope of personal pleasure or commuting.  The following usages are expressly deemed to be for a commercial purpose: (i) ridesharing, (ii) carsharing (iii) delivery services, (iv) transit of other persons in exchange for monetary consideration, (v) any other transportation service for another person or entity, or (vi) any use or pattern of use for which the Eligible Vehicle would need to be insured through a commercial auto insurance policy.

• You may not utilize the Complimentary Charging Credit to power any vehicle except your Eligible Vehicle.

• You may not allow any other individual or entity to utilize the Complimentary Charging Credit.

EVgo may, from time to time in its sole discretion, review your charging data records as well as other pertinent information it possesses within its records to determine if you have engaged in one or more Prohibited Actions.  If following such review EVgo reasonably determines that you have engaged in a Prohibited Action, EVgo shall have the right to immediately suspend your use of the Complimentary Charging Credit, with or without prior notice to you, and communicate the decision to suspend your use of the Complimentary Charging Credit to General Motors, which communication may include a description of the Prohibited Action(s) which resulted in such suspension.  BY PARTICIPATING IN THE COMPLIMENTARY CHARGING PROGRAM, YOU EXPRESSLY AND INTENTIONALLY PERMIT, DIRECT, AND AUTHORIZE EVGO TO DISCLOSE YOUR PERSONAL INFORMATION, INCLUDING WITHOUT LIMITATION YOUR NAME, STREET ADDRESS, EMAIL ADDRESS, PHONE NUMBER, AND CHARGING DATA RECORDS TO GENERAL MOTORS FOR THE PURPOSES STATED ABOVE.  As used herein, “Personal Information” means any information that identifies, relates to, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. As used herein, “General Motors” means General Motors LLC and any parent companies, subsidiaries, and affiliates thereof.

In the event if EVgo suspends your Complimentary Charging Credit as a result of your commission of one or more Prohibited Actions, EVgo will communicate this decision to you using the email address provided by you during the registration process for this Complementary Charging Program.  EVgo may thereafter terminate your Complimentary Charging Credit, in which case it will communicate this decision to you using the email address provided by you during the registration process for this Complementary Charging Program.

Expiration/Termination

Unless earlier terminated, the Complimentary Charging Credit will expire on the second (2nd) anniversary of the earlier of: (i) the date that is sixty (60) days following the date you received the Eligible Vehicle, and (ii) the date you completed your registration for the Complimentary Charging Credit.  The Complimentary Charging Credit will automatically terminate in the event you sell, dispose of, or otherwise transfer your interest in your Eligible Vehicle.  The Complementary Charging Credit may also be terminated by EVgo in the event of your commission of one or more Prohibited Actions as described above.

Goodwill Charging Credit Program

THIS SECTION IS APPLICABLE SOLELY TO THOSE CUSTOMERS WHO RECEIVE AN ADDITIONAL ONE-YEAR COMPLEMENTARY CHARGING CREDIT (THE “GOODWILL CHARGING CREDIT”) AT THE TIME OF PURCHASE OR LEASE OF THE ELIGIBLE VEHICLE:  Notwithstanding anything to the contrary herein, if you received a Goodwill Charging Credit, then the two (2) charging credit described above shall run consecutively with the Goodwill Charging Credit, for a combined period of up to three (3) years.  The term “Complementary Charging Credit” shall refer to such combination of the Goodwill Charging Credit and the two (2) year charging credit.  Unless earlier terminated, the Goodwill Charging Credit will expire on the first (1st) anniversary of the earlier of: (i) the date that is sixty (60) days following the date you received the Eligible Vehicle, and (ii) the date you completed your registration for the Goodwill Charging Credit, and the Complimentary Charging Credit will expire on the second (2nd) anniversary of the expiration of the Goodwill Charging Credit.