Terms of Use

1. Contractual Relationship

1.1 Scope of Terms

These Terms govern your access to, and use of the Company’s battery sharing service, including:

1. portable battery-powered units enabling you to charge your personal electronic devices (“Portable Chargers”);
2. charging kiosks and stations, being self-service physical units designed to store, secure, dispense, receive, and recharge Portable Chargers, and which include integrated hardware, software, user interface components, and connectivity required for the operation of the Company’s battery sharing service (the “Units”); and
3. any related hardware, software, interfaces, and services,

collectively, the “Service”.

1.2 Method of Acceptance

You acknowledge and agree that these Terms may be made available to you through one or more of the following means:

1. via the Company’s website or mobile applications (collectively, the “Digital Platforms”); or
2. by being displayed, presented, or otherwise made accessible on or through the Units (including via on-screen interfaces) at or prior to the time of your use of the Service, in a manner that provides you with a reasonable opportunity to review them.

By tapping, confirming, paying, or otherwise proceeding with a transaction in connection with the Service, after these Terms have been made available to you in accordance with this Clause 1.2, you acknowledge that you have had a reasonable opportunity to review these Terms and you affirmatively accept and agree to be legally bound by them.

1.3 Eligibility

You must be at least eighteen (18) years of age to use the Service. By accessing or using the Service, you represent and warrant that:

1. you are at least eighteen (18) years old;
2. you have the legal capacity and authority to enter into a binding contract with the Company; and
3. you are using a valid payment method that you are authorized to use.

The Service is not intended for use by individuals under the age of eighteen (18), and the Company does not knowingly permit such use. If the Company reasonably believes that you do not meet these requirements, the Company may suspend or terminate your access to the Service without notice.

You agree that any use of the Service in violation of this Clause 1.3 constitutes a material breach of these Terms, and you shall remain fully liable for all charges, fees, and damages arising from such use.

1.4 Changes to Terms

The Company may amend or update these Terms from time to time in its sole discretion. Where changes are material, the Company will use reasonable efforts to provide notice, including by displaying updated Terms via our Digital Platforms or through the Units (including via on-screen interfaces) at or prior to the time of your use of the Service.

All updates to these Terms shall become effective immediately upon posting on our Digital Platforms or once they are displayed, presented, or otherwise made accessible on or through the Units (including via on-screen interfaces).

If you do not agree to any updated Terms, you must immediately cease using or otherwise accessing the Service.

2. Description of the Service

2.1 Service Model

The Service enables you to rent Portable Chargers from the Units, use them to charge your personal electronic devices, and return them to the same or any other compatible Unit, at which point the rental transaction is completed.

The Service operates through a self-service, automated system, whereby you interact directly with the on-screen interface of a Unit and/or the Company’s Digital Platforms and initiate and complete transactions using a supported payment method.

2.2 Where No Account Model Applies

The Service may be provided without requiring you to create or maintain a user account. In such cases, all transactions shall be processed on a session-based basis through a Unit (including via on-screen interfaces).

You acknowledge and agree that:

1. each transaction is associated with and linked to your payment method, device information, and usage session, rather than a persistent user account;
2. the Company may rely on such information to identify you, track usage, calculate applicable fees and charges, process payments, and enforce these Terms;
3. you authorize the Company to charge your selected payment method for all fees, charges, and amounts incurred in connection with your use of the Service; and
4. records generated by the Service, including transaction logs, usage data, and payment records, shall constitute prima facie evidence of your use of the Service and the corresponding charges, except in the case of manifest error.

2.3 Availability and Network Limitations

The availability of Portable Chargers and Units may vary by location, time, and operational conditions. Accordingly, the Company does not guarantee that:

1. a Portable Charger will be available at any particular Unit or location;
2. return capacity or available slots will be available at any specific Unit or location;
3. any Unit or Portable Charger will be operational, accessible, or capable of accepting returns at any given time; or
4. the Service will be uninterrupted, error-free, or free from delays, including due to network, connectivity, or technical issues.

You acknowledge and agree that:

1. you are solely responsible for identifying and returning the Portable Charger to a compatible, available, and functioning Unit within the applicable rental period;
2. if a particular Unit is unavailable, full, or non-operational, you must locate and use an alternative Unit, and additional time incurred in doing so shall not relieve you of applicable fees or charges, except where the Company elects, in its sole discretion, to provide a credit, refund, waiver, or other customer support accommodation; and
3. the rental period shall continue, and charges shall continue to accrue, until the Portable Charger is properly returned and accepted by a functioning Unit.

2.4 Permitted Use

The Service is provided for personal, non-commercial use only. You may use the Portable Chargers solely for charging your personal electronic devices in accordance with these Terms.

3. Fees, Charges and Payments

3.1 Fees

You agree to pay all applicable fees and charges displayed via the Company’s Digital Platforms or the Units at the time of rental, including:

1. rental fees and charges (calculated based on time used);
2. any applicable maximum daily or capped charges; and
3. any additional fees, including late return fees, non-return or replacement fees, and other charges described in these Terms.

All pricing, billing increments, maximum charges, and applicable fees and charges shall be clearly displayed prior to transaction confirmation and shall form an integral and binding part of these Terms.

3.2 Billing Structure

Fees shall:

1. be calculated on a time-based basis (e.g., per hour or other billing increment) as displayed via the Company’s Digital Platforms or the Units at the time of rental; and/or
2. accrue up to any applicable maximum charge disclosed at the time of rental.

You acknowledge and agree that:

1. fees begin to accrue from the time a Portable Charger is dispensed; and
2. fees continue to accrue until the Portable Charger is properly returned and accepted by a functioning Unit.

3.3 Late Return / Non-Return

If a Portable Charger is not returned within the applicable rental period:

1. applicable fees shall continue to accrue in accordance with Clause 3.2; and
2. if the Portable Charger is not returned within a specified period, you may be charged a replacement fee (or non-return fee) as displayed via the Company’s Digital Platforms or the Units at the time of rental.

For the avoidance of doubt, the imposition of a replacement fee does not transfer ownership of the Portable Charger to you.

3.4 Payment Authorization and Processing

By using the Service, you:

1. authorize the Company to charge your selected payment method for all fees, charges, and amounts incurred in connection with your use of the Service;
2. acknowledge that temporary authorization holds or pre-authorizations may be placed on your payment method in connection with your use of the Service (as applicable from time to time);
3. agree that such charges may be processed automatically and without further notice, including for accrued fees and replacement charges;
4. represent and warrant that you are authorized to use the selected payment method; and
5. acknowledge that failure of payment may result in suspension of access, additional fees, and/or collection actions to the extent permitted by law.

3.5 No Refunds

Except as required by applicable law, all fees and charges are non-refundable, including but not limited to circumstances where:

1. you fail to return a Portable Charger due to the unavailability of a specific Unit; or
2. you choose to discontinue use of the Service prior to returning the Portable Charger.

Refunds may be issued at the Company’s sole discretion in cases of verified technical malfunction materially affecting the Service.

4. Use of Portable Chargers

4.1 Customer Obligations

You agree to:

1. handle all Portable Chargers with due care and in a safe and responsible manner;
2. use Portable Chargers strictly for their intended purpose and in accordance with all applicable instructions, guidelines, and safety information provided on the Portable Charger, Unit or made available via our Digital Platforms;
3. comply with all applicable laws and regulations when using the Service;
4. ensure that your use of the Portable Charger does not create a risk of harm to yourself, your device, any third party, or any property; and
5. promptly return the Portable Charger in accordance with the instructions provided by the Company.

4.2 Prohibited Conduct

You must not:

1. damage, dismantle, modify, reverse engineer, or tamper with any Portable Charger or Unit;
2. interfere with, disrupt, or attempt to gain unauthorized access to the Service, or any related systems or networks;
3. attempt to bypass, manipulate, or interfere with any pricing, billing, tracking, locking, or return mechanisms;
4. use any Portable Charger in a manner that is unsafe, negligent, fraudulent, or unlawful;
5. use the Service for any commercial, resale, distribution, or other unauthorized purpose;
6. remove, obscure, or alter any labels, markings, or identifiers on any Portable Charger; or
7. retain possession of any Portable Charger beyond the permitted usage period without authorization.

4.3 Inspection Requirement

1. You must carefully inspect the Portable Charger immediately upon retrieval from the Unit before use, including checking for visible damage, defects, or malfunction.
2. If you identify any issue, you must not use the Portable Charger and must promptly return it to a Unit.
3. By using the Portable Charger, you acknowledge and agree that you have inspected it and that it appears to be in good working condition and suitable for use.
4. To the maximum extent permitted by applicable law, you assume all risks associated with your use of the Portable Charger following such inspection, except to the extent caused by the Company’s gross negligence or willful misconduct.
5. The Company shall not be responsible for any damage, loss, or injury arising from your failure to comply with this Clause 4.3.

5. Safety Disclaimer

5.1 Use at Own Risk

Portable Chargers are electrical devices that involve inherent risks, including but not limited to malfunction, overheating, electrical failure, or damage to connected devices.

To the maximum extent permitted by applicable law, you acknowledge and agree that your use of any Portable Charger is entirely at your own risk.

5.2 No Guarantee of Compatibility

The Company does not represent or warrant that any Portable Charger:

1. will be compatible with your device or equipment;
2. will operate without interruption, defect, or error; or
3. will meet your specific requirements or expectations.

5.3 Customer Responsibility and Safe Use

You are solely responsible for:

1. ensuring that your use of the Portable Charger is safe and appropriate for your device;
2. complying with all instructions, warnings, and safety guidelines provided on the Portable Charger or via the Service;
3. using the Portable Charger to only charge devices which are in good condition; and
4. immediately discontinuing use if the Portable Charger becomes hot, damaged, malfunctioning, or otherwise appears unsafe.

6. Ownership and Intellectual Property

6.1 Ownership

All rights, title, and interest in and to the Service, including all Portable Chargers, the Units, and all related materials, technology, software, content, trademarks, logos, and intellectual property rights (collectively, the “Company IP”), are and shall remain the exclusive property of the Company and its licensors.

6.2 Limited License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for its intended purpose as set out in these Terms.

For the avoidance of doubt, no ownership rights are transferred to you, and all rights not expressly granted are reserved by the Company.

6.3 Restrictions

You shall not, and shall not permit any third party to:

1. copy, reproduce, distribute, modify, or create derivative works of any part of the Service or Company IP;
2. reverse engineer, decompile, disassemble, or attempt to extract source code from any software or system used in the Service;
3. remove, obscure, or alter any proprietary notices, trademarks, or branding; or
4. use the Company IP for any commercial or unauthorized purpose.

6.4 Feedback

If you provide any suggestions, ideas, or feedback relating to the Service (“Feedback”), you agree that the Company may use such Feedback without restriction and without compensation to you.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF:

1. MERCHANTABILITY;
2. FITNESS FOR A PARTICULAR PURPOSE;
3. NON-INFRINGEMENT;
4. TITLE;
5. QUIET ENJOYMENT; AND
6. ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE.

FURTHER, THE COMPANY DOES NOT WARRANT THAT:

1. THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
2. ANY DEFECTS OR ERRORS WILL BE CORRECTED;
3. ANY PORTABLE CHARGER, UNIT OR RELATED COMPONENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
4. THE SERVICE WILL BE COMPATIBLE WITH ALL DEVICES OR EQUIPMENT; OR
5. THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ACKNOWLEDGE AND AGREE THAT:

1. USE OF THE SERVICE AND ANY PORTABLE CHARGER IS AT YOUR SOLE RISK;
2. PORTABLE CHARGERS ARE ELECTRONIC DEVICES THAT MAY MALFUNCTION OR FAIL; AND
3. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, DATA LOSS, OR OTHER LOSS ARISING FROM USE OF THE SERVICE, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM USE OF THE SERVICE, EXCEPT TO THE EXTENT CAUSED BY THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

8. Indemnity

8.1 Customer Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its affiliates, and their respective directors, officers, employees, agents, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to:

1. your misuse, improper use, or unauthorized use of the Service or any Portable Charger;
2. your breach of these Terms or any applicable policies;
3. your violation of any applicable law or regulation;
4. any damage to property, personal injury, or death caused by your acts or omissions in connection with your use of the Service;
5. any loss of or damage to any Portable Charger or Unit while in your possession or control (other than due to the Company’s gross negligence or willful misconduct);
6. any dispute, chargeback, or reversal initiated by you or your payment provider in connection with the Service; or
7. your infringement or violation of any third-party rights, including intellectual property or privacy rights.

8.2 Defense and Control

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with the Company in the defense of any such claim.

8.3 Settlement Restrictions

You shall not settle any claim that imposes any liability or obligation on any Indemnified Party without the Company’s prior written consent (not to be unreasonably withheld).

9. Limitation of Liability

9.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR DAMAGE TO DEVICES, ARISING OUT OF OR RELATING TO THE SERVICE.

9.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

1. USD 100; OR
2. THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3 Non-Excludable Liability

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Suspension and Termination

10.1 Right to Suspend or Terminate

The Company may, at any time and in its sole discretion, suspend, restrict, or terminate your access to the Service (in whole or in part), with or without notice, if:

1. you breach these Terms;
2. you fail to make any required payment when due;
3. the Company reasonably suspects fraudulent, abusive, unsafe, or unlawful activity;
4. your use of the Service poses a risk to the Company, its systems, its property, or other users; or
5. such action is required to comply with applicable law, regulation, or order of a governmental authority.

10.2 Immediate Effect

Any suspension or termination may take effect immediately, without prior notice where reasonably necessary to protect the Company or third parties.

10.3 Consequences of Suspension or Termination

Upon suspension or termination:

1. your right to access and use the Service shall cease immediately;
2. you must promptly return any Portable Charger in your possession (if applicable);
3. all outstanding fees, charges, and liabilities shall become immediately due and payable; and
4. the Company may take any action reasonably necessary to recover its property or enforce its rights, including charging applicable fees.

10.4 No Liability for Suspension

To the maximum extent permitted by law, the Company shall not be liable for any loss or damage arising from any suspension or termination of your access to the Service.

10.5 Survival

Any provisions of these Terms which by their nature should survive termination (including, without limitation, fees, liability limitations, disclaimers, and indemnities) shall survive.

11. Privacy and Data Protection

Your personal data is collected, used, stored, and disclosed in accordance with our Privacy Policy (as updated from time to time), which is incorporated into these Terms by reference.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or breach thereof (each, a “Dispute”), shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

12.2 Dispute Resolution

Except as provided below, any Dispute shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

1. The arbitration shall be conducted in New York, New York, unless otherwise required by applicable law.
2. The arbitration shall be conducted in English by a single arbitrator.
3. The arbitrator’s decision shall be final and binding.

12.3 Class Action and Collective Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY;
2. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION; AND
3. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

12.4 Injunctive Relief and Limited Court Jurisdiction

Notwithstanding the foregoing:

1. either party may seek injunctive or equitable relief in any court of competent jurisdiction; and
2. any action to enforce or confirm an arbitration award shall be brought exclusively in the state or federal courts located in New York, New York, and you waive any objection to such venue.

12.5 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY.

13. General

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any terms presented at the point of use, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.

13.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it enforceable (or, if not possible, severed), and the remaining provisions shall remain in full force and effect.

13.3 No Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall any waiver be deemed a further or continuing waiver of such right or provision or any other right or provision.

13.4 Assignment

You may not assign or transfer these Terms, in whole or in part, without the Company’s prior written consent. The Company may freely assign, transfer, or novate these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, sale of assets, or other corporate transaction. These Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

13.5 Relationship of the Parties

Nothing in these Terms shall be deemed to create any partnership, relationship of trust, joint venture, agency, or employment relationship between you and the Company.

13.6 Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, supply chain disruptions, power or telecommunications failures, or governmental actions.

13.7 Headings and Interpretation

Headings are for convenience only and shall not affect interpretation. The words “including” or “include” shall be deemed to mean “including without limitation.”

13.8 Electronic Communications and Acceptance

You agree that your use of the Service, including any interaction with Digital Platforms, Portable Chargers or Units, constitutes electronic acceptance of these Terms and that such acceptance has the same legal effect as a handwritten signature.

13.9 Survival

Any provisions of these Terms which by their nature should survive termination shall survive, including, without limitation:

1. fees, charges, and payment obligations (Clause 3);
2. ownership and intellectual property rights (Clause 6);
3. disclaimers of warranties (Clause 7);
4. indemnity (Clause 8);
5. limitation of liability (Clause 9);
6. termination-related obligations (Clause 10); and
7. governing law and dispute resolution provisions (Clause 12); and
8. general provisions (Clause 13).

For the avoidance of doubt, termination of these Terms shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued prior to termination.