These Terms of Use (the “Terms”) govern access to and use of the “KICKSTER Fuel-EU Marketplace” platform accessible via the website https://www.fuel-eu.eu (the “Platform”) operated by KICKSTER SRL, incorporated under the laws of Italy, with registered office at Piazza E. Duse 1, Milan, VAT IT 09692460968 with certified email address @kickster@legalmail.it (the “Operator”).

By accessing or using the Platform, you agree to be bound by these Terms.

1. DEFINITIONS

“Platform” means the KICKSTER Fuel-EU Marketplace digital platform accessible via the website https://www.fuel-eu.eu.

“User” means any registered entity accessing or using the Platform.

“Fuel-EU Regulation” means Regulation (EU) 2023/1805 as published in the Official Journal of the European Commission (https://eur-lex.europa.eu/eli/reg/2023/1805/oj/eng).

“Services” means access and use of the marketplace, including the publication of an offer to buy or to sell deficit/surplus, and related services.

2. SCOPE AND DESCRIPTION OF SERVICES

FuelEU Marketplace is a subscription-based digital platform enabling maritime stakeholders to comply with FuelEU Maritime obligations through pooling; the platform addresses regulatory complexity, liquidity fragmentation, and cost inefficiencies by acting as a neutral, EU-wide compliance marketplace.

The main features of the platform for the Users are:

• the management of the information of the fleet,
• the publishment of listing offers (buy/sell) in relation to a vessel,
• the calculation of its compliance status,
• the communication and negotiation with other Users.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

Users must:

(a) be legal entities subject to Fuel-EU Maritime or acting in a professional capacity;

(b) provide accurate and complete registration information;

(c) maintain valid IMO Company identification, where applicable.

The Operator may refuse or suspend access at its discretion.

Users will receive the log-in credential to the email provided in the purchase process; the User will provide also the billing information and will receive the invoice in relation to the subscription.

4. USER OBLIGATIONS

Users agree to:

– provide accurate operational and compliance data;

– comply with applicable EU and national laws;

– use the Platform in good faith;

– not misuse or manipulate pooling or marketplace mechanisms.

Users cannot list offers on behalf of a third party; only the Operator is entitled to list offers on behalf of itself or third-parties.

5. COMPLIANCE DISCLAIMER

Use of the Platform does not relieve Users of their individual regulatory obligations. Final compliance responsibility remains with each User.

6. FEES AND PAYMENTS

Access to the Platform requires the payment of a subscription fees, as published or agreed contractually. The Operator might grant the access to the Platform with different fees at his own responsibility and merit.

7. INTELLECTUAL PROPERTY

All intellectual property rights in the Platform remain with the Operator. Users are granted a limited, non-exclusive, non-transferable right to use the Platform.

8. DATA, CONFIDENTIALITY, AND GDPR

The Operator processes personal data in accordance with GDPR. Non-public business information exchanged on the Platform is confidential.

9. SUSPENSION AND TERMINATION

The Operator may suspend or terminate access in cases of breach, misuse, or regulatory risk. Users may terminate their account subject to contractual commitments.

10. LIMITATION OF LIABILITY

The Platform is provided “as is”. The Operator shall not be liable for indirect or consequential damages. Total liability is limited to fees paid by the User in the preceding 12 months, except in cases of wilful misconduct or gross negligence.

11. INDEMNITY

Users agree to indemnify and hold harmless the Operator from claims arising from:

(a) misuse of the Platform;

(b) inaccurate data provided by the User;

(c) regulatory non-compliance attributable to the User.

12. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of Italy. Courts of Milan shall have exclusive jurisdiction.

13. AMENDMENTS

The Operator may update these Terms from time to time. Continued use of the Platform constitutes acceptance of updated Terms.

14. CONTACT

For questions regarding these Terms, contact fueleu@kickster.it.