Equipment Subscription Agreement (Legacy Version)

Documents

08/17/2026

Last Updated: August 17, 2026

Applicable to customers who entered into an Equipment Subscription Agreement with Whizz before February 10, 2026.

I. INTRODUCTION

My Device Inc., a Delaware corporation, d/b/a Whizz (“Whizz,” “Company,” or “we”) welcomes you (“you” or “User”) to use our subscription-based rental services (the “Service” or “Services”) for Subscription and Purchase of (I) electric bicycles with throttle and pedal assistance, and/or (II) li-ion battery alone (both options referred to as “Equipment,”). You can find information regarding our bicycles and batteries on our website getwhizz.com, as well as in the Whizz Personal account and mobile applications. This Equipment Subscription Agreement (“Agreement”) describes the terms and conditions that govern your use of or access to our Service. All capitalized terms used in the Agreement have the meaning assigned to them in Annex A, unless otherwise stated.

PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT CONTAINS RELEASES, WAIVERS, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, DESCRIPTION OF PAYMENTS, LATE FEES, ADMINISTRATIVE FEES, REPAIR AND DAMAGE FEES, IMPORTANT TERMS REGARDING OWNERSHIP AND RETURN OF THE EQUIPMENT. IT ALSO SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICES.

By clicking “I Agree”, you (i) confirm that you have read and understood Agreement’s terms, (ii) agree to enter into this Agreement, (iii) confirm that you have the legal capacity to enter into this Agreement, (iv) acknowledge that this Agreement constitutes a legally binding contract between you and the Company. IF YOU DO NOT ACCEPT OR UNDERSTAND THIS AGREEMENT, PLEASE DO NOT PROCEED WITH THE LEASE.

You represent and warrant that you have the right, authority, and capacity to accept the terms of this Agreement. You agree that you have fully read and understood its terms without any impairment in judgment resulting from (but not limited to) mental illness, intoxication, medication, or any other health or general problem that could impair judgment. Your use of the Services constitutes your acceptance of the Agreement. CONSEQUENTLY, IF YOU DO NOT ACCEPT OR UNDERSTAND THE AGREEMENT, PLEASE DO NOT USE, INSTALL, ACCESS, OR REGISTER WITH THE SERVICES. If your agreement to this Agreement is required in connection with or after the installation process of any software or application forming part of the Services, and you do not agree to any provision of this Agreement, you are not entitled to use the Services.

This Agreement is executed in English and is the original and governing version. Any translations of this Agreement are provided for informational purposes only and have no legal force or effect. In the event of any inconsistency or discrepancy between the English version and any translated version, the English version will prevail and be the binding document. You agree that you will rely solely on the English version of this Agreement in any legal or formal settings, and any decisions or interpretations will be based on the English version. This Agreement is governed by New York law, except where California law provides mandatory consumer protections that cannot be waived.

II. SUBSCRIPTION

A. Subscription and Ownership. User acknowledges and agrees that User desires to use the subscription-based rental services for the Equipment with the possibility to own it at the end of the subscription. User shall only own Equipment once User has paid the Down Payment, all Periodic Payments due for the applicable Term, Buyout Payment and any additional fees, fines and/or expenses owed by User to Company.

B. Down Payment (applicable for certain products). User agrees to make an initial non-refundable down payment no later than the moment User receives Equipment. Down payment goes toward the ultimate purchase of the Equipment. User agrees that Whizz is free to treat the Down Payment as its own monies and User has no proprietary right to the Down Payment.

C. Periodic Payments. User agrees to make all Periodic Payments due for the applicable Term in the amount indicated on the Company’s website getwhizz.com, mobile application and/or in the Whizz Personal account. The first Periodic Payment shall be paid in conjunction with the Down Payment as described above and shall be paid no later than the moment User receives Equipment.

D. Buyout payment. User may, at User’s option and is not required to do so, pay the non-refundable buyout payment in conjunction with the last payment at the end of the initial term of this Agreement or at any later time while continuing to pay the applicable Periodic payment, upon which ownership of the Equipment shall transfer to Usert.

E. Transfer of Ownership of Equipment to User. Ownership of Equipment shall only be transferred from Сompany to User when User successfully pays the Down Payment (if applicable for certain product), all Periodic Payments due for the applicable Term in full to Сompany, Buyout Payment and any additional fees, fines and/or expenses owed by User to Company. User acknowledges and agrees that upon transfer of ownership of Equipment to User, this Agreement cancels and all obligations incurred by Сompany under this Agreement (in particular but not limited to those relating to servicing and maintenance) expire, save for those provisions which survive termination. The transfer of ownership of Equipment is formalized by signing the Property Sale Form. Property Sale Form is the document that details the specific terms of the sale of Equipment, including the type of equipment, pricing, and other transaction-specific information. After the transfer of ownership from Сompany to User, Сompany will remove all GPS trackers if User personally visits the store and requests their removal. Regardless of whether a removal request is made, Company will cease all tracking of User's location immediately following the transfer of ownership. If, at the time of completion of all payments and transfer of ownership of the Equipment to User, User is enrolled in and actively using the Battery Swapping Service, ownership shall transfer to User with respect to one (1) battery only, namely the battery then in User’s possession and actively used by User in connection with the Battery Swapping Service at the moment of buyout. Any and all other batteries previously issued or made available to User through the Battery Swapping Service remain the exclusive property of Company and/or its partners and must be returned upon Company’s request or upon cancellation of the Battery Swapping Service.

EQUIPMENT IS TRANSFERRED TO USER BY WHIZZ ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT THOSE REQUIRED BY CONSUMER PROTECTION LAWS, WHIZZ DISCLAIMS ALL REPRESENTATION AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION, REPRESENTATION AND WARRANTIES RELATED TO THE CONDITION, MERCHANTABILITY OR FITNESS OF EQUIPMENT. USER ACKNOWLEDGES THAT USER WILL INSPECT EQUIPMENT TO USER SATISFACTION PRIOR TO ELECTING TO PURCHASE EQUIPMENT AND WILL BE FAMILIAR WITH BIKE DUE TO USER PRIOR USE THEREOF DURING THE TERM OF THE AGREEMENT.

F. Ownership Rights. Company retains either the sole ownership or leasing rights, as applicable, of Equipment, Lock, and any other items made available to User under this Agreement, except in cases where User has purchased Equipment or any other items from the Company. The Agreement does not grant User any rights of ownership or property interest in, to, or over Company, the Company’s operations or finances, the App, the Site, or Equipment, Lock, or any other items provided to Users by Company under this Agreement, unless purchased by the User.

G. Ownership Risk. Ownership risk in Equipment is formally transferred to User upon User election to purchase Equipment and making the payments contemplated above.

H. Maintenance and Repair Conditions. Сompany will not service Equipment once it has transferred to User's ownership, unless User has an active monthly subscription to WhizzCare for the purchased Equipment. All repairs will be conducted in accordance with the Price List posted on the website getwhizz.com.

I. Eligibility. To be eligible for the Subscription, User must contemporaneously meet all criteria provided below. If User wishes to engage a Guarantor to assume User’s payment obligations from the start of the Subscription or in case of User’s inability to pay under this Agreement, Guarantor must also meet the criteria below that are not directly related to the operation and use of Equipment.

User and, if applicable, Guarantor must:

Obtain at User’s own expense all necessary Equipment and services needed to use the App (including a mobile device and wireless service). User is solely responsible for the payment of all related costs and fees, such as internet service provider or airtime charges.
Be at least 18 years old.
Provide Company with a valid: (i) US Government-issued ID with a photo and, if requested by the Company, Social Security number (SSN); (ii) address; (iii) phone number; (iv) email address, (v) credit or debit card information, including card number, card holder’s name, billing zip code, and expiration date. The Company reserves the right to ask for any other documents that allow it to perform a background check to confirm User’s and Guarantor’s reliability.
Agree for Company to perform a background check on User and Guarantor (if applicable).
Agree to be bound by the terms and conditions of the Privacy Policy (getwhizz.com/documents/privacy-policy/), Terms of Use (https://getwhizz.com/documents/terms-of-use/) and Company policies (https://www.getwhizz.com/documents/company-policies).
Agree that Company may contact User regarding account servicing, subscription renewals, failed payments, and related matters by phone call or text message, including through automated or AI-assisted systems where permitted by applicable law.
Agree to the terms of the document titled "Waiver And Release of liability: Lithium-lon Battery Warning and Usage information," and release the Company and its affiliates, officers, directors, employees, agents, and contractors from any claims arising from or relating to any injury or damage resulting from the use of the lithium-ion battery.
Have the physical ability, capacity, and skill to safely, cautiously, and comfortably operate the selected Equipment.
Always agree to wear a Helmet when operating the E-Bike, which can be User's own helmet or a helmet purchased from the Company.
Agree to store the Equipment indoors or in a safe place outside securely attached to a fixed object with a Lock provided by the Company.
Agree to remove and store the battery each time the bike is not in use in order to ensure its safe keeping.

J. Use of Guarantor. If User engages a Guarantor, and User’s Subscription is approved, Guarantor will assume all payment obligations of User either from the start of the Subscription or in cases of User’s non-payment under this Agreement. For these purposes, wherever this Agreement refers to User’s payment obligations, it will be deemed to also refer to Guarantor’s payment obligations.

User represents that User has secured Guarantor’s consent to assume User’s payment obligations under this Agreement. Guarantor represents that Guarantor has voluntarily accepted these obligations and waives any claim against Company for enforcing Guarantor’s performance of these obligations.

K. Background Check. Company reserves the right to decline the Subscription application before or at the time of pick-up for any or no reason, including any negative results from User’s or, if applicable, Guarantor’s background check, prior violations of this Agreement, or any indebtedness to Company. Company will not run a credit report. Depending on the severity and specifics of these results, Company may require User to provide a deposit. In the event of significant negative results of the background check, Company reserves the right to refuse the Subscription application. Company will not disclose the specific reasons for any results from the background check.

L. Deposit. A deposit is required for weekly payment plans. For other payment plans, depending on the outcome of the background check, the chosen plan (e.g., weekly rates), or in certain other cases, a deposit may be necessary. The deposit amount will be disclosed to the customer prior to plan activation. It is determined based on internal account verification criteria. If collected, the deposit will be returned within 10 business days from the date the Equipment is returned, after it undergoes a technical inspection. This timeframe does not include the additional days that the User’s bank may require to process the refund. Company reserves the right to use the deposit to cover any fees or charges owed by User to Company, including damages to Equipment, late fees, or outstanding rental charges.

M. No Discrimination. Company recognizes its responsibilities under federal, state and local laws pertaining to fair credit and billing practices, as well as the moral principles regarding civil rights. Company will not deny services or discriminate against any persons due to race, creed, color, religion, national origin, marital status, physical handicap (excluding such handicap that would adversely interfere with User’s ability to use Equipment in a safe manner), gender, sexual orientation, or political beliefs.

N. Reservation of Rights Regarding Service Refusal. Company acknowledges its commitment to maintaining a non-discriminatory approach to providing services to all clients. However, it reserves the right to refuse services to individuals who have previously used the service and demonstrated behavior that was unsafe, reckless, inappropriate, negligent, offensive, fraudulent, or otherwise deemed unacceptable by Company. This includes cases where a customer's Subscription was terminated or their Equipment had to be repossessed due to delinquency and/or where outstanding debt of any kind exists. Such decisions will be made at Company's discretion, with the objective of ensuring the safety and well-being of all Users and maintaining the integrity of the service.

O. Term of Agreement. This Agreement will be in force between Company and User from the Effective Date through the duration of the Term unless canceled by User or terminated by the Company (See Section XIV).

P. Changes to Agreement. Company may amend this Agreement in its sole discretion. Company will reasonably notify Users of any changes via email, notification through the App, or by other means. Company will post the revised Agreement on the Site and/or on the App. The revised Agreement is effective immediately upon notification. Continuous use of the Services following any changes to the Agreement automatically constitutes User’s acceptance of the amended Agreement.

Q. Availability. Company does not represent, warrant, or always guarantee the availability of any of its Services; as weather conditions, unforeseen events, or other extraordinary circumstances might prevent Company from providing the Services. Supplies are limited, and access to the Services is conditioned on the availability of personnel, Equipment. The availability of services can vary depending on the plan chosen by User.

R. Location and Jurisdictional Limitations. The Service is currently available only at Whizz Shops or Partner shops, as listed on https://www.getwhizz.com. Any rented Equipment, including the Equipment and Lock, must remain within the state in which the Equipment was originally rented. Removing any Company Equipment from the state in which it was originally rented may be considered a violation of this Agreement. Such action may lead to the termination of the Agreement at Company's discretion and may involve law enforcement authorities.

S. Terms of Use. Equipment can be used for 1) Commercial (limited to delivery purposes only) or 2) Personal use.

III. PAYMENTS AND FEES

A. Periodic Payments. User agrees to pay the Periodic Payments, in the amount indicated in the App and/or the Whizz Personal Account. Periodic Payments are paid on a monthly or weekly basis depending on the purchased plan for the duration of the Term. Company reserves the right to change the Periodic Payments at any time and without notice, including after User’s Subscription has started. Users should visit the website, the App, and/or the Personal Account periodically for up-to-date information about the Subscription, Equipment, Supplementary Equipment and Service Fees. Company will charge User the Down Payment and the initial Periodic Payment either immediately upon acceptance of User’s registration for a Subscription or certainly at the time of Equipment pick-up by User. Periodic Payments are charged on a prospective basis, meaning that the subsequent charges will occur monthly or weekly from the date of the first charge until completion of the applicable Term. If User decides to add on Supplementary Equipment or Services Protection Plan or Peace of Mind, Company will also charge User for the items or services on a prospective basis until Supplementary Equipment is returned or Services are canceled. Subscription, Supplementary Equipment and Services offered by Company are subject to state, and city taxes, as well as any other local government charges. Company will charge User for any applicable taxes.

B. Payment Terms. User represents and warrants to Company that User is authorized to use any credit or debit card User furnishes to Company. User authorizes Company to charge any credit or debit card associated with User's account for all Periodic Payments and other applicable fees, including Repair and Damage Fees, incurred by User, and to transmit User’s credit card information to Company’s third-party vendors for the sole purpose of processing such charges. All fees and costs are due when they are incurred, including Periodic Payments and Repair and Damage Fees.

Early or advance payments are welcomed and will not be penalized. Cash, checks, temporary or prepaid credit/debit cards are not an acceptable form of payment. Only valid, non-expired credit or debit cards issued in User's or, if applicable, Guarantor’s name will be accepted.

C. Disputed Charges. User may not dispute any charges on User’s credit or debit card account. User must contact Company directly of charges User would like to dispute. Company will promptly investigate the matter and will report back to User as soon as possible. In the event it is found by Company that there has been an error in billing, Company will reverse the electronic payment transaction. After the investigation is completed, the Company’s findings will be the final decision. If User initiates a dispute directly with his/her credit or debit card provider, Company reserves the right to impose a fee on User, which will be equivalent to the disputed payment along with any applicable fines. Additionally, Company may terminate the Subscription and repossess Company’s Equipment, all at Company’s sole discretion, including in cases where User has previously paid a Buyout Payment and ownership of the Equipment was transferred to User. In the event User disputes or reverses the Buyout Payment or any prior payment made under this Agreement, such dispute shall constitute a material breach of this Agreement, and the Equipment shall be deemed Company’s property, with no transfer of ownership having occurred.

D. Returned Payments. Users are billed automatically for amounts due via credit/debit card or other means. If payment of any amount due, including the Periodic Payment or Repair and Damage Fees, is rejected by any credit/debit card provided by User, Company may take the necessary steps to collect the payment. This may include performing manual charges in full or in part that, in sum, equal the amount owed. By agreeing to these terms, User consents to the Company performing such manual charges toward settling the amount owed. Company may also issue an invoice to User for the outstanding amount. If payment is not received following this invoice, Company reserves the right to suspend or terminate User’s Subscription or use of the Services at the Company's sole discretion. In addition, the Company may resort to involving legal authorities and professional debt collectors to collect the payment owed. Users are required to keep their payment method information current and accurate (e.g. billing address, credit/debit card number, and expiration date) and to notify Company if User’s credit or debit card is no longer valid. Ongoing issues with credit/debit card billings may result in termination of use of the Services. Under no circumstances will Company be responsible for any overdraft or other fees charged by User's credit/debit card issuing bank.

E. No Refunds. All fees are final and non-refundable. Company will not refund User’s card or bank any Periodic Payments or Service Fees in the event of early return of Equipment, Supplementary Equipment and Accessories. Only in the event when Equipment, Supplementary Equipment and Accessories are returned on the first day of the Term or the day after; or on the first day of the subscription renewal period and User has already paid the corresponding Periodic Payments and Service fees, then the fees may be returned to User’s bank or card. Credit may be given to User’s bonus account in the form of bonus account money if there is any return that authorizes credit back. For example, if User paid for a Protection Plan and decided against the purchase, payment may be fully or partially returned in the form of credit to User’s account. Company retains sole discretion on whom it may approve for a credit or refund.

F. Partial Payments. In the event User is delinquent on any amount due, including Periodic Payments or Repair and Damage Fees, Company may elect to charge any credit or debit card provided by User for partial payments of the amount due, without prior notice to User. User agrees to allow the Company to charge User’s card for such partial payments. Under no circumstances will the Company be responsible for any overdraft or other fees charged by User's credit/debit card issuing bank.

A. Promotions by the Company may consist of “promo-codes” specific to certain Users or common promo-codes for all Users, limited or unlimited in their duration. Promo Codes will come directly from Company either through Company advertising or Company emails, messages, or other official means of communication. Promo-Codes are limited to one per transaction and may not be combined with other offers. If User benefitted from a special discount, promotion, or any other promoted offer that resulted in a reduction of standard fees, Company may discontinue that discount, promotion or offer without written notice. In that case, User will begin paying standard charges consistent with Company’s general fees after promotion has ended. Information about the Promo Codes, the conditions for their receipt and use may additionally be posted by Company on its official resources, including the following: getwhizz.com.

B. Bonuses or “bonus money” can be added to User's account for use by User solely for Periodic payments as expressly permitted by the Company and cannot be applied for the Down payment or Buyout payment or any other fees including Repair and Damage fees or late fees. This money cannot be withdrawn from the bonus account or used for any other fee payments. The currency of the bonus account is a virtual US dollar. 1 virtual US dollar is equal to 1 US dollar. In the event, User’s subscription is canceled the money will not disappear and may be used by User if they enter into a new Rent with the Company.

C. Delinquency in User’s Agreement. If a User fails to make a payment or returns Equipment before the end of the term of User’s Agreement and benefited from a promo-code, the discount or bonus money may be used toward the balance of User’s Periodic Payment, and User will still be responsible for the cost of Equipment.

D. Company makes every effort to ensure that the pricing and promotions displayed on the Company’s website, its social media, in its advertisements, in the App or in any distributed materials including leaflets, mailouts, SMS, are accurate and up-to-date. However, there may be instances where technical bugs or glitches may result in incorrect pricing or promotion information being displayed. In such cases, the Company reserves the right to correct the pricing or promotion information without any liability to User.

E. In case of delinquency or violation of the terms of this agreement by User, Company reserves the right to nullify any accrued bonuses or promotional credits. This includes, but is not limited to, instances where payments have been missed, terms of service have been breached, or misuse of promotional codes has occurred. The action to nullify bonuses or promotional credits is at the sole discretion of Company and may be implemented without prior notice to User. Any decisions made by Company in this regard are final.

User acknowledges that any pricing or promotions displayed on the Company’s website, the Whizz personal account and mobile application, its social media, in its advertisements, or in the App or in any distributed materials are subject to change without notice and that the Company is not obliged to honor any incorrect pricing or promotions. User agrees to pay the correct price for Equipment or any additional services or equipment, as determined by the Company, over the period of rental.

V. PICK UP OF EQUIPMENT AND SUPPLEMENTAL EQUIPMENT

A.Equipment Pick-up. Equipment, Supplementary Equipment and/ or Accessories can be picked up in the cities where Whizz shops or Partner shops are located, as listed on https://www.getwhizz.com during business hours as it is disclosed on the website getwhizz.com.

To receive an Equipment User must provide one of the following:

US Government-Issued ID with a photo (State Driver’s License, or U.S. ID Card)
Company reserves the right to accept any other documents that may prove the identity of User, but are not listed here.

B. Validation Procedures. As part of the subscription process, the Company reserves the right to request and capture a photograph of User at the store, as well as make copies of the provided identification documentation for verification purposes. Company will also conduct necessary procedures to validate that the payment method used belongs to User. These measures are implemented to enhance security and ensure compliance with the Company's policies.

C. Sound Mind and Physical Ability. If User shows signs of being incapable of using Equipment safely due to drug, alcohol, or other kind of intoxication, or due to physical limitations, they will be prohibited from using the Services.

D. Property Receipt Form. Upon pick-up, User must conduct a thorough inspection of Equipment, Supplementary Equipment and Accessories provided to ensure that they are free from damages and safe to ride. Subsequently, User must sign the Property Receipt Form, confirming the receipt of Equipment, Supplementary Equipment and Accessories and acknowledging its working condition. The signed Property Receipt Form serves as conclusive proof that User fully acknowledges and comprehends the Company’s terms, conditions, and the potential consequences associated with breaching them. By signing the form, User affirms User’s commitment to adhere to the terms and conditions set forth in this Agreement.

VI. RETURN OF EQUIPMENT, SUPPLEMENTARY EQUIPMENT AND ACCESSORIES

A. Equipment Return. User may return Equipment at any time during the applicable Term from the moment User receives Equipment. Should User return the Equipment to Company prior to paying the Down Payment, all Periodic Payments due for the applicable Term and Buyout payment, User shall not have any ownership in Equipment. If the User wishes to obtain another Equipment, they must start a new Subscription, and no refunds will be issued for any payments made toward the original Equipment before its return. User must personally (or through a representative with a valid Power of Attorney issued in accordance with New York law) return to Company Equipment, Supplementary Equipment, and any Supplementary Accessories provided by Company on or before the first day of subscription renewal period.

B. Return Condition. User agrees to return Equipment, Supplementary Equipment and Accessories to the Company in clean condition, the same as received, except for ordinary wear and tear.

C. Property Return Form. On return, the Company’s representative will examine Equipment, Supplementary Equipment and Accessories for any damages that go beyond normal wear and tear, and will check for any missing items as compared to those listed in the Property Receipt Form/Forms associated with the Subscription. If possible, User should be present at the inspection and sign the Property Return Form after examination. User specifically agrees and authorizes Company to automatically charge User for damages listed in the Property Return Form.

If Equipment is damaged beyond reasonable repair, as determined by the Company, and the Battery is not returned, User will be responsible for the full price of Equipment as specified in Annex C to this Agreement. User will also be responsible for the loss of use, as determined by Company or specified by law, plus any towing, pick-up, and/or storage charges.

D. Failure to Inspect and/or Cooperate. If for any reason a full inspection cannot be undertaken on the Equipment’s return, or User refuses to be present during the inspection, or to sign the Property Return Form, Company reserves the right to proceed without User’s agreement and charge User according to Annex B and/ or Annex C of this Agreement for any damages to Equipment, Supplementary Equipment and Accessories and for any missing items associated with this Agreement.

E. Future Damages. The Company also reserves the right to inform User within 14 days of the return of any damage not listed in the Property Return Form that was identified later during technical examination or that could not be identified at the time of the return (due to external circumstances, such as dirty on Equipment, preventing proper inspection on return) but prior to the new rental. User specifically agrees and authorizes Company to automatically charge User for such damages according to Annex B and/ or Annex C of this Agreement.

F. Failure to Return. The Equipment, Supplementary Equipment and Accessories are considered returned only when they are returned to a representative of Company in one of the Whizz shops, as listed on https://www.getwhizz.com. Partner shops listed on the website are not authorized return locations. If there are no Whizz shops in the state where User is located, User shall return Equipment to the following address: 498 Johnston Ave, Jersey City, NJ, 07304. User is not permitted to return Equipment to any partner shop. The return will only be accepted if Equipment is sent to 498 Johnston Ave, Jersey City, NJ 07304. All costs associated with the return shipping of Equipment must be paid by User. The Subscription cannot be considered canceled until Equipment, Supplementary Equipment and Accessories have been returned. Failure to return Equipment, without prior notice or proven exceptional circumstances, will be considered an act of theft, and User will be subject to proceedings outlined in Section XVI.

VII. REPAIR, DAMAGES, ACCIDENTS, LOSS, OR THEFT

A. Equipment Repair. The Subscription includes Equipment repair services to be provided by the Company upon request. If Equipment needs a repair, User must visit one of the Whizz shops, as listed on https://www.getwhizz.com. during working hours. Company does not guarantee any specific time for addressing or resolving repairs.

B. Replacement and Exchange Restriction. User is not entitled to exchanges of the received Equipment during the Term. In exceptional cases, if a manufacturing defect is present, User has the right to return Equipment within the first 3 days. Company will provide a replacement Equipment in exchange.

C. Third-Party Repair. User will not allow another person or entity to perform repair on the Company’s Equipment, Supplementary Equipment and Accessories. User may perform minor routine Equipment upkeep or maintenance on their own, such as adjusting seat height or inflating a tire. If User attempts to repair Equipment instead of requesting a repair from Company, User expressly assumes all risks thereof, including risk of personal injury, and may be charged a Repair and Damage Fees according to Annex B and/ or Annex C of this Agreement.

D. Accidents. In the event of an accident or crash involving Equipment, User should immediately call 911 and seek any medical assistance if necessary. User must report the incident to the Company as soon as it is possible and safe to do so. User must also cooperate with Company and its representatives to investigate the incident. User should provide to Company all available information from the list below, or any other information that at User’s view might be helpful for accident investigation:

Details, circumstances, and location of the incident, including time, address, and other relevant details,
Relevant information about any vehicles or third parties involved in the accident, including the license plate, names, phone numbers, and driver’s license number of any persons involved, VIN, vehicle brand, color and model,
Insurance information of all parties involved, including insurance provider and policy number,
Witness contact information, including names, addresses, phone number, or other contact information,
Photographs of any damage to Equipment or of other vehicles involved,
A copy of the police report for the incident, if any.

User is obligated to cover any damages incurred due to the accident, as specified in Annex B and/ or Annex C of this Agreement, regardless of who was at fault. Company is not responsible for any loss of use or other consequences arising from Equipment, Supplementary Equipment, or Accessories being damaged, when the Periodic Payments have already been paid. The Company is not obliged to refund, compensate, or otherwise make amends to User for any such loss.

E. Responsibility for Damage, Injury or Death to Third Parties. User explicitly agrees that any damage, injury, harm or death to third parties or third-party property caused by User’s use of the Equipment or the Service is exclusively User’s responsibility. It is User’s sole responsibility to check with User’s insurance Company whether the use of the Service is covered by such insurance policy.

F. Lost, Stolen or Confiscated Equipment. If Equipment, Supplementary Equipment and Accessories are lost, stolen or confiscated, User remains responsible for said property. User agrees to compensate Company for the full value of Equipment, Supplementary Equipment and Accessories as outlined in Annex B and/or Annex C of this Agreement. In such cases, Company reserves the right to charge User's designated payment method. By agreeing to these terms, User expressly authorizes the Company to execute such charges. Company is not responsible for any loss of use or other consequences arising from Equipment, Supplementary Equipment, or Accessories being lost, stolen or confiscated, when the Periodic Payments have already been paid. The Company is not obliged to refund, compensate, or otherwise make amends to User for any such loss. The Company is under no obligation to participate in any investigations related to incidents of loss or theft unless compelled by a court order. Additionally, Company is not required to provide User with any evidence, details, or methods concerning the recovery of lost,stolen or confiscated items, although it may choose to do so at its own discretion.

G. Reporting Damage, Loss, Theft or Confiscation. User must report any damage, loss, theft, or confiscation of the Equipment or Supplementary Equipment to the Company within 24 hours of the incident or as soon as it is safe to do so by contacting the Company’s Customer Service Team. If User fails to report damage, loss, theft or confiscation timely and properly, the Company may charge reasonable fees, terminate User’s Subscription or terminate the benefits of the Protection Plan / Peace of Mind, if applicable.

If the Equipment is stolen, User must file a police report within 24 hours of discovering such theft and provide Company with a copy of such a police report immediately. Failure to provide the police report may be deemed as an intent to steal the Company’s Equipment by User. Company will then pursue all legal remedies, including attempting to collect monetary losses and filing a police report. Company also reserves the right to initiate immediate recovery of its property through its repossession specialists and/or any other representatives, without giving prior notice to User. Should the Company's representatives successfully recover lost or stolen property, User agrees to pay the associated repossession fee. In the event that either User or the Company's representatives successfully recover lost or stolen property, User is obligated to cover any damages incurred due to the incident, as specified in Annex B and/or Annex C of this Agreement.

If Equipment is confiscated by police or other city services, User must notify the Company within 24 hours of discovering such an occurrence. Company reserves the right to initiate immediate recovery of its property through its repossession specialists and/or any other representatives, without giving prior notice to User. Should the Company's representatives successfully recover confiscated property, User agrees to pay the associated repossession fee.

H. The User agrees that not wearing a helmet will alleviate Company of any liability in the case of injury. Not wearing a helmet properly or not operating Equipment properly may also alleviate the Company of liability.

VIII. PROTECTION PLAN.

A. The plan reduces User’s financial liability for loss of or damage to the Equipment, Supplementary Equipment and Accessories, provided that:

Equipment, Supplementary Equipment and Accessories have been used in accordance with the terms and conditions set forth in this Agreement
User has notified Company and/or police, if applicable, within 24 hours of discovering theft, loss, confiscation and/or damage. In case of loss or theft, a police report and/or the completed Company’s theft form have been provided timely.
Damage, loss, theft or confiscation have occurred in the cities where Whizz shops/ Partner shops are located, as listed on https://www.getwhizz.com.
Equipment, Supplementary Equipment and Accessories have been properly secured at all times. As per this Agreement, User is required to use the provided U-lock to lock the E-Bike and remove the battery, storing it separately when E-Bike is not in use. This is necessary to ensure the safety and security of Equipment, Supplementary Equipment and Accessories. In the event of theft, reasonable evidence of compliance will be required.
Return 1) Battery; 2) U-lock; 3) Battery Keys; 4) Charger and any and all other accessories that have not been stolen and remain in your possession.
User does not have any outstanding debts of any kind older than one month for the Services.
Prior to activation of the Protection Plan, the User must present the Equipment for inspection at a Whizz shop to verify its condition. Protection Plan cannot be activated if the Equipment has pre-existing major damage or structural defects.
Protection Plan may not be activated on the same day as a repair. Coverage applies only to future incidents occurring after the activation date.

B. Protection Plan allows User to pay only 50% of any applicable Repair and Damage Fees outlined in Annex B and/ or Annex C of this Agreement.

C. If Equipment was stolen, lost or intentionally destroyed, Protection Plan will allow User to be responsible for Damage Fees in the reduced amount, as outlined in Annex C, only if User has complied with the requirements of Sections VII and VIII.

D. Protection Plan is offered as an extra agreement per each rented Equipment. If User decides to opt in for the Protection Plan, they will be charged an additional monthly or weekly fee according to the current pricing available on the website getwhizz.com or in the App. By activating the Protection Plan, the User confirms their agreement to its terms, and no separate written agreement or signature is required.

E. Protection plan coverage may not apply in instances where User has demonstrated behavior that was intentionally unsafe, reckless, negligent, or otherwise deemed unacceptable by the Company, and/ or neglected the requirement for monthly maintenance of Equipment, thus consistently undermining the safety and integrity of the Company's Equipment. Additionally, the Protection Plan may not apply when User is suspected of engaging in fraudulent activities. The Company reserves the right to decline Services in such cases.

IX. PEACE OF MIND

A. The Peace of Mind service reduces the User’s financial liability for loss of or damage to the Equipment models, as well as Supplementary Equipment and Accessories, that are listed on https://www.getwhizz.com as eligible for coverage under the Peace of Mind program, provided that:

Equipment, Supplementary Equipment and Accessories have been used in accordance with the terms and conditions set forth in this Agreement
User has notified Company and/or police, if applicable, within 24 hours of discovering theft, loss, confiscation and/or damage. In case of loss or theft, a police report and/or the completed Company’s theft form have been provided timely.
Damage, loss, theft or confiscation have occurred in the cities where Whizz shops/ Partner shops are located, as listed on https://www.getwhizz.com.
Equipment, Supplementary Equipment and Accessories have been properly secured at all times. As per this Agreement, User is required to use the provided U-lock to lock the Equipment and remove the battery, storing it separately when Equipment is not in use. This is necessary to ensure the safety and security of Equipment, Supplementary Equipment and Accessories. In the event of theft, reasonable evidence of compliance will be required.
Return 1) Battery; 2) U-lock; 3) Battery Keys; 4) Charger and any and all other accessories that have not been stolen and remain in your possession.
User does not have any outstanding debts of any kind older than one month for the Services.
Prior to activation of the Peace of Mind service, the User must present the Equipment for inspection at a Whizz shop or Partner shop to verify its condition. Peace of Mind cannot be activated if the Equipment has pre-existing major damage or structural defects;
Peace of Mind may not be activated on the same day as a repair. Coverage applies only to future incidents occurring after the activation date.

B. Peace of Mind allows the User to receive a 100% discount on applicable Repair and Damage Fees outlined in Annex B of this Agreement, except for cases explained in this section below. Peace of Mind provides a 50% discount for the cases involving Equipment decommission or loss of property value; these cases include, but are not limited to:

Intentional destruction or loss / theft of the bicycle (if the battery, battery keys, U-lock, charger and all other accessories are returned in acceptable condition);
Any structural frame damages;
Full paint restoration;
Any severe structural or safety damages to the battery or the loss of the battery/ Severe or Irreparable Damage.

C. If Equipment was stolen, lost or intentionally destroyed, Peace of Mind will allow User to be responsible for Damage Fees in the reduced amount, as outlined in Annex C, only if User has complied with the requirements of Sections VII and IX.

D. Peace of Mind is offered as an extra agreement per each rented Equipment. If User decides to opt in for the Peace of Mind, they will be charged an additional monthly or weekly fee according to the current pricing available on the website getwhizz.com or in the App. By activating the Peace of Mind service, the User confirms their agreement to its terms, and no separate written agreement or signature is required.

E. Peace of Mind coverage may not apply in instances where User has demonstrated behavior that was intentionally unsafe, reckless, negligent, or otherwise deemed unacceptable by the Company, and/ or neglected the requirement for monthly maintenance of Equipment, thus consistently undermining the safety and integrity of the Company's Equipment. Additionally, the Peace of Mind may not apply when User is suspected of engaging in fraudulent activities. The Company reserves the right to decline Services in such cases.

X. BATTERY SWAPPING SERVICE

A. Summary of Service. Whizz offers a Battery Swapping Service that allows eligible Users to exchange a depleted battery for a charged one at designated battery swap stations, which are owned and operated by PopWheels, Inc., an independent third-party provider. A current list of battery swap locations (“Service Locations”) is available at getwhizz.com, within your personal Whizz account, and in the App.

B. Fees. Service is offered as an optional add-on for eligible rented Equipments only. By enrolling in Battery Swapping, User agrees to pay an additional monthly fee, as specified in the current pricing available at getwhizz.com, within your personal Whizz account, and in the App.

C. Service Requirements:

One Battery at a Time: Users may swap only one (1) battery at a time. You must return your depleted battery before receiving a charged one.
Proper Battery Return and Cabinet Use: When completing a swap, User must ensure that the returned battery is securely placed into the designated slot, properly connected to the charger inside the cabinet, and fully inserted as instructed. Additionally, you must confirm that the cabinet door is properly closed and locked before leaving the station.

D. Availability. While Whizz strives to provide uninterrupted access to the Battery Swapping Service, availability is not guaranteed. Service disruptions may occur due to maintenance, system limitations, or unforeseen events, including disruptions within the third-party partner network that are outside of Whizz’s control.

Access to the Service is also subject to the availability of charged batteries at Service Locations and may vary depending on demand, location, or operational constraints.
Not all subscription plans or Whizz e-bike models are eligible for the Battery Swapping Service. By opting for the Service, User acknowledges and accepts these limitations.

E. Battery Ownership. All batteries made available through this Service are and remain the exclusive property of Whizz. Whizz reserves the right to request the return of any battery in your possession at any time, and you agree to return it promptly to a designated Whizz location upon request.

F. Service Suspension. In the event User's Subscription falls into default or becomes delinquent, access to the Battery Swapping Service may be temporarily suspended or terminated. No refunds will be issued during these periods.

G. Battery Damage, Loss and/or Theft. User agrees to return each battery they swap in the condition in which it was received, excluding normal wear and tear. You are solely responsible for any loss, theft, or damage that occurs while a battery is in your possession. This includes, but is not limited to, situations where damage or loss results from your failure to follow proper swap instructions, including not securing the battery in the designated charging slot, not locking the cabinet door after a swap, or leaving a battery unattended at any point during the process. User must inspect the battery upon receipt and notify Customer Support of any visible damage or defect discovered at the time of receipt. Failure to provide such notice shall be deemed acknowledgment that the battery was received in good working condition and without defects. In such cases, User agrees to be charged respective Repair and Damage Fees as outlined in Annex B of this Agreement. User further acknowledges that access to the Battery Swapping Service may be temporarily suspended or terminated until such fees are paid in full.

H. Prohibited Acts. You are prohibited from engaging in the following activities while using the Service:

Damaging, defacing, modifying, dismantling, or tampering with batteries
Attempting to charge non-Whizz batteries at designated battery swap stations
Permitting others to use a battery that was issued under your account
Leaving batteries unattended or unsecured
Misusing or damaging battery swap stations
Swapping a battery that appears unsafe or malfunctioning — such issues must be reported immediately to support@getwhizz.com or through the contact options available in your personal Whizz account, and in the App.
Violations of the above may result in injury, property damage, service termination, and/or legal liability. You accept all associated risks. In addition, you acknowledge that if Whizz suspects any such violations or misuse of the Service, it reserves the right to immediately terminate your access to the Battery Swapping Service without notice and without refund, and to charge you for any damages incurred as a result of such actions.

I. Reporting Battery Issues and User Responsibility. Any issues with the swapped battery should be reported to Whizz within 24 hours of the swap. Failure to report issues in a timely manner could result in User being held responsible for any damages or losses.

J. Service Modifications. Company reserves the right to discontinue or modify the Battery Swapping Service at any time. Users will be notified accordingly but may not be refunded.

K. All Battery Swapping cabinets (“Cabinets”) are the property of Popwheels, Inc. Any issues related to Cabinet access or their operation (including, but not limited to, doors not opening or Batteries not dispensing) are solely the responsibility of Popwheels, Inc. Users must promptly report any such issues to Popwheels, Inc for resolution. Whizz shall not be liable for the operation, maintenance, or accessibility of Cabinets.

L. Third-Party Provider Disclaimer. The Battery Swapping Service is operated using equipment and infrastructure provided by PopWheels, Inc., an independent third-party provider. You acknowledge that PopWheels, Inc. owns and operates the battery charging cabinets used in this Service and is not a party to this Agreement. Whizz does not control and is not responsible for the operation, maintenance, or availability of PopWheels cabinets.

M. Assumption of Risk. By using the Battery Swapping Service, you voluntarily assume all risks associated with the use of the battery cabinets, including but not limited to the risk of fire, electric shock, physical injury, or property damage. You acknowledge that battery swapping involves inherent risks and that improper use of cabinets or batteries can result in serious harm or death. You agree to use the Service responsibly and follow all instructions and safety guidelines.

N. Waiver of Liability. To the fullest extent permitted by law, you agree to waive any and all claims against PopWheels, Inc. and its affiliates for injuries, damages, or losses arising from or relating to your use of the Battery Swapping Service. This waiver applies regardless of whether such claims are based in contract, tort, strict liability, or otherwise.

O. Limitation of Liability. In no event shall PopWheels, Inc. be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of income, data, or use, arising from or related to the Battery Swapping Service. Total liability, if any, shall not exceed the fees paid by you for the battery swapping service in the preceding three (3) months.

P. User Indemnification of PopWheels. You agree to indemnify, defend, and hold harmless PopWheels, Inc. and its officers, employees, and agents from and against any and all claims, damages, losses, and expenses (including attorneys’ fees) arising out of your use or misuse of the battery swapping equipment, violation of these Terms, or violation of applicable law.

Q. Dispute Resolution. Any dispute or claim related to PopWheels, Inc. or the operation of the Battery Swapping Service shall be resolved by binding arbitration in New York, NY, under the Commercial Arbitration Rules of the American Arbitration Association. This provision shall survive termination of your use of the Service.

XI. DELIVERY SERVICE

This service is available upon request. By requesting delivery, User agrees to the following terms:

A. Availability and Limitations:

Availability and pricing of delivery may vary for different Users, Equipment, and delivery areas. Information about current terms is available on the website getwhizz.com, through the App, or from our Customer Support.
Within 24 hours of payment, Company will coordinate with User the date, time, and place for delivery.

B. Physical Presence. User must personally be available for the delivery at the agreed-upon day and time. Otherwise, Company reserves the right to refuse the service. In this case, there will be no refund for the service provided.

C. Validation Procedures. Company reserves the right to request and capture a photograph of User at delivery, as well as make copies of the provided identification documentation for verification purposes and validate the payment method.

D. Right to Cancel/Reschedule. Company reserves the right to cancel or reschedule service due to business-related changes - in that case, a full refund may be provided upon User’s request.

XII. USE OF THE EQUIPMENT

A. Operation of Equipment. Instructions for safe operation of the Equipment, Supplementary Equipment and Accessories are provided by the Company at the time of Equipment pick-up and available on the website getwhizz.com/manual/ and/or the App any time.

User must carefully listen to or read and become familiar with these instructions prior to commencing use of the Equipment, Supplementary Equipment and Accessories.

B. Preservation of Equipment Condition. User must not dismantle, write on, or otherwise modify, repair, or deface Equipment, any part of Equipment, Supplementary Equipment and Accessories provided by Company in any way. User understands and agrees that any Equipment modification attempt constitutes a violation of this Agreement, and that Company will not be in any circumstances liable of any harmful outcomes of such modification.

C. Prohibition of Unauthorized Commercial Use. User must not use Equipment, Supplementary Equipment, and Accessories provided by the Company, for any advertising or other commercial purpose (other than delivery) including sale, resale and/or sublease of the property without the prior express written permission of the Company or until it is purchased.

D. Battery Use. Batteries used in E-Bikes are electric power batteries that require periodic charging in order to operate and power E-Bike. User understands that in case the level of Battery charging power decreases, the operational capabilities of the Battery may decrease accordingly or cease in their entirety. It is User’s responsibility to make sure that the Battery is properly charged before commencing an E-Bike ride. User must remove and store the battery separately from E-Bike each time E-Bike is not in use in order to ensure its safe keeping.

E. Battery Charge. User must not attempt to charge the Battery with any charging device other than that provided by Company. User understands and agrees that doing otherwise will constitute a violation of this Agreement, and that the Company will not be in any circumstances liable of any harmful outcomes.

F. Helmets; Safety. User must always wear a Helmet while using E-Bike. Any injuries caused by User’s failure to obey the Rules, relevant traffic or cycling laws, or otherwise act wisely and prudently, including failure to wear a helmet when riding E-Bike, are exclusively the responsibility of User. User acknowledges all risks associated with the absence of a Helmet or other protective Equipment while operating E-Bike. User may need to take additional safety measures or precautions not specifically addressed in this Agreement, for example with regards to clothing to be put on in order to operate the E-Bike safely. (See section VII).

G. Equipment Intended Use. Equipment is intended for use only by User engaged in the Subscription. Equipment must not be shared with others or sold to third parties, including any of its Supplementary Equipment or accessories provided for rental. Equipment is not designed to transport passengers or cargo, except for a bag, backpack, or other small items that may be worn by User at the time of Equipment operation without interfering with the safe Equipment functioning.

H. Storage of Equipment, Supplementary Equipment and Accessories. It is User’s sole responsibility to lock and store Equipment, Supplementary Equipment and Accessories securely and properly during the Subscription. User must use the U-Lock and any other Supplementary Equipment and/or Accessories provided by Company to securely lock the E-Bike when not in use. User agrees to store Equipment, Supplementary Equipment and Accessories indoors whenever possible. If indoor storage is not possible, User must store Equipment in an area in which public bicycle parking is permitted by law by securing Equipment to a fixed immovable object using the U-Lock provided by the Company. User must remove and store the battery separately each time E-bike is not in use in order to ensure its safe keeping.

XIII. USER RESPONSIBILITIES

A. Pre-Ride Safety Check. Before each use of Equipment, User must conduct a safety inspection of the equipment, which includes inspecting it for the following:

body damage
low tire pressure
properly functioning brakes
good condition of the frame
sufficient battery power
any sign of damage, unusual or excessive wear, or other open and obvious mechanical problems/maintenance needed

If the Equipment has signs of any damage, User must not use Equipment and instead must immediately visit one of the Whizz shops or Partner shops, as listed on https://www.getwhizz.com for an inspection and repair if required.

B. User’s State while Operating an Equipment. User must not operate Equipment while under the influence of alcohol, drugs, stimulants, thinners, or any medications that could impair safe Equipment operation, or when physically impaired in any way that compromises safe use.

C. Fines and Administrative Fees. User is solely responsible for any violations, including traffic violations or parking violations, incurred during the use of the Service. Company reserves the right to charge User’s payment method on record for any violations, tickets, or fees that may be assessed on Company by appropriate authorities as a result of User’s use of the Service. User must exercise prudent and reasonable judgment when parking the Equipment.

D. Equipment Operation Exclusively for Intended Use. User acknowledges that Equipment will not be used in violation of any law, ordinance, or regulation (e.g., for speed competitions, mountain biking, tricks, illegal trade purposes, or transporting contraband). User undertakes that the Equipment will not be operated or used in any Prohibited Area. When using an Equipment on a sidewalk, the Equipment must be walked by User’s side, not ridden. User agrees not to use the Equipment for the purpose of transporting people for a fee or for any other reason.

E. GPS Device Services. User accepts that GPS device services are necessary in order to protect bikes against theft and enhance recovery. Company may request User to visit the nearest store for a GPS device service. Any location data and User personal data will at all times be governed by My Device, Inc’s Privacy Policy. At the Company's discretion, it may provide User with live GPS location tracking in cases where Equipment is lost or stolen, provided that User is in compliance with the relevant requirements outlined in Sections VII and VIII of this Agreement.

F. Monthly Maintenance (applicable to E-Bikes). User acknowledges that regular maintenance is essential for ensuring the safe and optimal functioning of E-Bike. User agrees to bring the bicycle for maintenance at least once during each month while the subscription is active and while User is in possession of Whizz's property. In addition to the monthly maintenance, if the Company contacts User to bring the bike for unscheduled maintenance or repair, User must promptly comply with the request and bring the E-Bike to the designated location specified by the Company. Failure to comply with scheduled or unscheduled maintenance requests may result in termination of User's subscription, repossession of the Company’s property and may incur additional charges associated with the procedures.

G. Damages Due to Failure to Bring the Equipment for Maintenance. The Company reserves the right to charge User for any damages that occur to the Equipment as a result of User’s failure to bring the bike in a timely manner for maintenance. By not complying with the maintenance requirements, User accepts responsibility for any resulting damages. The Company may deduct the repair costs from User’s security deposit, charge the payment method on record or pursue other appropriate means to recover the associated costs. In the event of failure to bring Equipment for maintenance, the Company reserves the right to deny User the Services, terminate the Subscription, or deny User any payment plan options.

H. Compliance with Regulations and User Responsibilities: Company complies with the regulations of the state in which it operates and where its stores are located. Other states may have different requirements regarding Equipment and their specifications. User is required to comply with speed limits and all other applicable regulations concerning E-Bikes and their specifications in the state where they operate the Equipment. If Equipment is confiscated due to a User's violation of speed limits or other applicable regulations concerning Equipment and their specifications, User shall be responsible for reimbursing any fines incurred, which will be charged as they arise. When operating in New York City, you agree not to exceed a speed of 15 miles per hour on any Whizz Equipment, regardless of the Equipment’s technical capability.

I. Restrictions on Equipment Modifications. User is not allowed to make any structural modifications, repaint, or change the external appearance to Equipment until ownership has been fully transferred to them.

XIV. CANCELLATION AND TERMINATION OF SUBSCRIPTION

A. Cancellation by User. User may cancel the Subscription at any time and for any reason. However, cancelation will only be considered complete upon the immediate return of Equipment, Supplementary Equipment, and Accessories, and the payment of any outstanding Subscription Fees, Service FeesRepair and Damage Fees, and other associated costs, including late fees, administrative fees, and/or repossession fees, that are due at the time User requests cancelation. Until these conditions are met, the Subscription cannot be considered canceled.

FAILURE TO RETURN THE COMPANY'S PROPERTY WILL RESULT IN AN AUTOMATIC RENEWAL OF THE SUBSCRIPTION FOR THE SUBSEQUENT PERIOD AND WILL CONTINUE INDEFINITELY UNTIL THE EQUIPMENT IS RETURNED OR EQUIPMENT PURCHASED. If there are outstanding amounts, the Company will make continuous efforts to collect the monies owed by charging User’s designated payment method. User authorizes the Company to make such charges and agrees not to dispute them, even after the equipment has been returned to the Company.

B. Termination by Company. Company may terminate this Agreement and User's Subscription upon notice to User at any time, with or without cause. While Company does not require any cause to terminate this Agreement and User's Subscription, some common causes for termination are as follows:

Failure to pay any fees due, including Repair and Damage Fees.
Dispute of any charges performed by the Company for the Services provided.
Failure to comply with any provision of the Legal Terms.
Involvement in an unreasonable incident, rendering User ineligible or inappropriate for continued use of the Service.
Involvement in the unauthorized sale or resale of the Company's property provided for rental.
Engagement in any conduct that the Company determines to be unsafe, reckless, inappropriate, negligent, offensive, fraudulent, or otherwise unacceptable, including failing to observe any safety requirement set forth in this Agreement or applicable law, whether observed by the Company or the Company's representatives directly or as reported to the Company by a third party along with credible evidence, the credibility of which will be determined by the Company in its sole discretion.
Initiation of insolvency/bankruptcy proceedings against User.
Dishonest, untruthful, or incomplete disclosure of required information by User.
Failure to comply with the rules and guidelines for Equipment and Supplementary Equipment, such as leaving the E-Bike unlocked or unattended on the street or leaving the battery in E-Bike.

Any Repair and Damage fees that are accrued by User must be paid in full or through an agreed-upon payment plan to avoid termination by the Company. If User accrues a Repair and Damage fee of $100 or more and fails to pay it or set up a payment plan, the Company may terminate User's Subscription and repossess the Company’s property immediately without prior notice.

C. No Reimbursements. No payments, fully or partially, will be reimbursed to User if Company terminates User’s Subscription. The security deposit will be used toward any outstanding amounts owed by User.

D. Repossession. In the event User's Subscription falls into default or becomes delinquent, the Company reserves the right to repossess Equipment, Supplementary Equipment and Accessories without providing prior notice to User. Repossession specialists or other Company representatives may reclaim Equipment at any time following the onset of User's Subscription default or delinquency. User agrees to pay a repossession fee if Equipment, Supplementary Equipment and Accessories are repossessed, unless the repossession occurs on the Company's premises.

E. Return of Supplementary Equipment and Accessories. In the event that Equipment is returned without the Supplementary Equipment and Supplementary Accessories originally included in Property Reсeipt Form, User will have only 3 days to return Supplementary Equipment and Supplementary accessories. If Supplementary Equipment and Supplementary Accessories are not returned within 3 days, Company will charge the full cost of Supplementary Equipment and Supplementary Accessories as specified in Annex B.

F. Penalty for Unauthorized Sale. User agrees to pay a penalty of $100 for each unauthorized sale of Equipment and/or Supplementary Equipment owned by Company.

XV. FAILURE TO PAY SUBSCRIPTION, DAMAGES, AND LATE FEES

A. Failure to Pay. If User fails to pay Periodic Payments, or return Equipment, Supplementary Equipment and Accessories to the Company when due, User agrees to be contacted by the Company at the phone number or email provided by User and charged outstanding amounts associated with the Subscription, both in full or partially. The same applies if User fails to pay for Repair and Damage Fees, either in full or through an agreed-upon payment plan.

B. Equipment Deactivation. If User does not pay the standard monthly or weekly fee, or return the Equipment, Supplementary Equipment and Accessories to the Company when due, the Company reserves the right to disable the electrical components of Equipment at its discretion and without prior notification.

C. Additional Fees. ON THE SECOND DAY FOLLOWING A MISSED SUBSCRIPTION FEE WHILE EQUIPMENT, SUPPLEMENTARY EQUIPMENT AND ACCESSORIES HAVE NOT BEEN RETURNED TO THE COMPANY, THERE WILL BE AN AUTOMATIC RENEWAL OF THE STANDARD MONTHLY OR WEEKLY SUBSCRIPTION AND A LATE FEE OF 16% FOR ALL SERVICES PROVIDED. In addition, state and local taxes will be applied. Company agrees to give notice to User of incoming late fees prior to charging the additional fees.

D. Continued Failure to Pay. If User fails to pay the Periodic Payments on the tenth day following the original missed payment, Company reserves the right to terminate User's Subscription and repossess Equipment, Supplementary Equipment and Accessories according to Section XIV.

E. Failure to Return Equipment. If User does not pay Periodic Payments and Service fees in full and does not return all Equipment within a reasonable time frame, Company reserves the right to charge User the Repair and Damage Fees equivalent to the full value of the property not returned and any associated additional fees, such as a late fee and an administrative fee. The Company will deem Equipment, Supplementary Equipment and Accessories stolen and reserves the right to pursue all available legal remedies. This may include seeking monetary compensation through reports to credit agencies, engaging professional debt collectors, filing a police report, and initiating litigation.

F. Collections. Company uses a third-party debt collection agency to retrieve outstanding debts such as unpaid Periodic Payments, Repair and Damage Fees, administrative and late fees, court fees, forfeited bonds and ordered restitution, and other applicable fees. User understands and accepts that delinquent payments may be placed into collections at any time and that this may negatively impact User’s credit score. Once the account has been placed with a collections agency, User understands that any negotiations or discussions regarding the settlement of the debt should be conducted directly with the collections agency. User understands and accepts that the collections agency will continue to contact User until debts are paid in full. User will incur a one-time administrative fee of $150 for the transfer of User’s delinquent account to third-party debt collection agencies.

G. Allocation of Legal Costs. In the event the Company deems it necessary to retain legal counsel to enforce a breach of this Agreement, the allocation of attorney’s fees will be at the sole discretion of Company. User may be held responsible for covering the incurred attorney’s fees, which will be determined by Company based on the circumstances of the breach.

H. Payment Application. In the event that User is delinquent and has an open debt with the Company but makes a payment toward a new Subscription or a new purchase of Equipment, the payment will be applied first toward the open debt until it is settled. Once the open debt is settled, any remaining portion of the payment may be applied toward the new Subscription or purchase, if any. Until the open debt is fully settled, User may be suspended or terminated from using the Company’s Services or purchasing Company products. Company reserves the right to apply payments in a manner it deems appropriate in order to collect any outstanding debts owed by User.

XVI. INDEMNIFICATION, LIMITATION OF LIABILITY

A. Indemnification. User agrees to defend, indemnify, and hold Company, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively, “Company Parties”) from and against any claims, losses, obligations, damages, or expenses arising from User’s use of or access to the Services, use of the Services or any Equipment or Supplementary Equipment, breach of the Legal Terms, or violation of any law or the rights of a third party. This provision will continue to be effective after the termination of this Agreement.

B. Waiver and Release. In consideration of Company providing Services, User specifically releases and forever discharges Company Parties from any and all liability or claims for injury, illness, death or loss of or damage to property which User may suffer while using Services and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Company Parties. It is the express intent of this Agreement that User release Company Parties and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Company Parties or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, User fully recognizes that if injury, illness, death or damage occurs while engaged in using Services or participating in bicycling, or any other activity associated with Equipment, User will have no right to make a claim or file a lawsuit against Company Parties, even if any of them negligently cause any injury, illness, death or damage.

C. Limitation of Liability.To the maximum extent permitted by applicable law, in no event will Company parties be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from any use of, or inability to use, the services.If any of Company parties are found to be liable, such liability to User or to any third party is limited to the greater of (a) the total fees paid hereunder and (b) $100.This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company parties have been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

D. No Warranty. Equipment is provided to User on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Company makes no warranty, express or implied, as to any matter whatsoever including, without limitation, the condition of an Equipment or any item provided in the supplementary Equipment, or their merchantability or fitness for a particular purpose.

E. Assumption of High-Risk Activity. User understands that using any of Company’s Services, Equipment, and/or related equipment exposes User to known and unknown risks, dangers, and hazards that could result in injury, illness, or death to User or others, as well as property damage, and that such risks, dangers, and hazards cannot always be predicted or avoided. User acknowledges and assumes these risks and waives all Company liability. See examples:

Death or serious injury is possible.
Head-on collisions are the most common and fatal type of Equipment crash.
Accidents also frequently occur on left hand turns or while stopped at a traffic intersection since an Equipment is more difficult for other drivers to see.
Other common reasons behind many Equipment accidents (but not a comprehensive list) include potholes, uneven pavement, riding carelessly in inclement weather, dead animals or debris in the road or sidewalk, or speeding.
Driving under the influence of alcohol, drugs, stimulants, thinners, or medications that affect Equipment operation is prohibited.
An Equipment accident may cause head and/or brain injury, neck and/or spinal cord injury, back injury, nerve damage, loss of hands, feet, fingers and other limbs, paralysis, and death.

F. Prohibited Use. Any use of an Equipment, Supplementary Equipment and Accessories prohibited by this Agreement voids all coverages or warranties (including insurance, accident, or liability coverages or protection plan); makes Equipment, Supplementary Equipment and Accessories subject to immediate confiscation by Company without any notice to User; and makes User responsible for all loss or damage to, or connected with Equipment, Supplementary Equipment and Accessories, including Company expenses, to the extent that such loss or damage is caused by such prohibited use.

XVII. LEGAL RAMIFICATIONS

A. Liability for Non-Payment. Failure to pay for the Subscription, late fees, administrative fees, Repair and Damage Fees, Loss/Stolen Equipment Fees, or all/any other applicable charges incurred by User as outlined in Annex B and/ or Annex C, not limited to failure to return Supplementary Equipment, will result in legal action against User. User will bear full responsibility for all legal fees associated with the collection of the owed balance, including court costs, filing fees, the utilization of an enforcement officer, and any other applicable fees incurred by Company. The exact amount of these fees will be determined by the Company and may be imposed on User as deemed necessary in the collection process.

B. Governing Law and Venue. This Agreement will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between User and Company that arises in whole or in part from this Agreement or use of the Services will be decided exclusively by a court of competent jurisdiction located in New York, NY. User irrevocably consents to personal service of any summons, complaint, or other process and agrees that service may be made by electronic mail or certified or registered mail directed to User at the address or e-mail address provided to Company pursuant to this Agreement.

C. No class action. User agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action. User waives any right to bring claims as a plaintiff or class member in any purported class or representative proceeding.

XVIII. USER ACCEPTANCE OF AGREEMENT

By filing the Subscription application, User hereby certifies the following:

A. User read and expressly agrees to the terms and conditions of this Agreement, and acknowledges that this Agreement limits their legal rights and remedies. User intends their assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. User represents and certifies that they are familiar with the operation of the Equipment, are competent and physically fit to ride the Equipment, will not carry passenger(s) on the Equipment, and will always wear a Helmet while operating the Equipment.

B. User certifies that they are User; they are 18 years old or over; they will take all reasonable safety precautions as required by this Agreement; they will not allow any person other than themselves to operate or rideE-Bike provided to them by Company pursuant to a Subscription. User will obey all traffic laws; they will ride at their own risk; they will not operate Equipment while being under the influence of alcohol, substances such as drugs, stimulants, thinners, or medications that affect the safe Equipment operation; they will not use the Equipment for illegal purposes, including illegal trade purposes, or transporting contraband.

C. User certifies that they authorize the Company to charge their designated payment method either monthly or weekly, in accordance with the plan they have selected, for any fees related to their subscription. User will also be responsible for any damages incurred during the rental period. This includes, but is not limited to, situations involving accidents, loss or theft of property, or personal injuries sustained by User.

XIX. NOTICES

Any communications and/or notices from User to Company in relation to this Agreement must be sent to Company by email at support@getwhizz.com. Any communications and/or notices regarding legal and collections matters must be sent to Company by email at legal@getwhizz.com. Routine Company’s communications will be sent to User’s cell phone number and/or email address through Messengers, or to the mailing address provided by User in User’s Subscription application. Company’s communications may also be sent to Users through notifications or messages within the App. Any notices deemed necessary for User’s attention while using the Services, including when User’s Subscription is delinquent, will continue to be sent to User in any form as often as the Company deems necessary, even after opting out of communications. To stop receiving notices of any kind from Company, User should terminate the Subscription and this Agreement, provided that User has no outstanding debt of any kind. It is User’s sole responsibility to contact Company immediately at support@getwhizz.com if email address, phone number and/or their home address have changed.

XX. MISCELLANEOUS PROVISIONS

A. Failure to Enforce Provision. No waiver by Company of any of the provisions of this Agreement is effective unless set forth in writing and signed by Company. The failure of Company to exercise or enforce any right or provision of the Legal Terms will not constitute a waiver of such right or provision in that or any other instance.

B. No Preclusion. No single or partial exercise of any right, remedy, power or privilege arising from the Legal Terms precludes any other or the exercise of any other right, remedy, power or privilege. Unless stated otherwise, all remedies under this Agreement will be in addition to any other remedies available to either party at law or in equity.

C. Validity of Enforcement. If any provision of the Legal Terms is held invalid, the remainder of the Legal Terms will continue in full force and effect. If any provision of the Legal Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Legal Terms and will not affect the validity and enforceability of any remaining provisions.

D. Non-Transferable. User shall not assign, transfer, delegate, or convey this Agreement or any rights derived from it to any third party, and is strictly prohibited from allowing any third party to use Equipment without the express written consent of Сompany. Any attempt to assign the Agreement without such consent will be considered null and void and will result in the termination of this Agreement. Furthermore, upon termination, Equipment must be returned to Company, and any payments made by User prior to termination will not be refunded.

E. Binding Agreement. This Agreement constitutes the entire agreement between the parties regarding its subject matter and is binding upon the parties and their permitted successors and assigns.

F. Force Majeure. Company and User may be released from certain contractual obligations if extraordinary events occur such as death of User, acts of God, hurricanes, earthquakes and other natural disasters, terrorism, conflicting government acts, labor strikes, supply chain disruption, and other events beyond the control of the Company and User. If possible, User and Company will work to mitigate potential losses from force majeure events.

G. DCWP License Disclosure: Сompany operates multiple licensed business locations in New York City. In compliance with 6 RCNY § 1-05, below are the current active licenses issued by the NYC Department of Consumer and Worker Protection (DCWP):

Location:	License Number:
229 W 13th St, New York, NY 10011	2128080-DCWP
745 Flushing Ave, Brooklyn, NY 11206	2128079-DCWP
407 W 39th St, New York, NY 10018	2128081-DCWP
206 E 116th St, New York, NY 10029	2128082-DCWP

ANNEX A

KEY DEFINITIONS

“Agreement” means this E-Bike Subscription Agreement.

“App” means Whizz application available either on Google Play and the Apple App Store or website (getwhizz.com) accessible via mobile device or a desktop browser.

“Battery” means the battery powering E-Bike and provided by Whizz as part of a Subscription.

“Battery Swapping Cabinets” (“Cabinets”) means automated storage and distribution units located at designated Service Locations, used for the secure return of Battery received under Equipment Subscription Agreement and the retrieval of a fully charged replacement Battery, subject to availability.

“Bonus Account” is the Client's virtual account, replenished by introducing Promo Codes by the Client or directly by the Company in cases determined by Company. The currency of the bonus account is a virtual US dollar. 1 virtual US dollar is equal to 1 US dollar.

“Repair and Damage Fee” means the fee or fees that Company may charge for damage, loss, or theft of the Equipment, or for violation of the terms of this Agreement, in the amount up to the full costs and fees to be paid in order to repair (if possible) or fully replace the item(s) or part(s) damaged, lost, or stolen, and as may be amended by Company from time to time. Repair and Damage Fees for certain types of damage to Equipment are listed in the Annex B and/ or Annex C to this Agreement.

“Effective Date” means the date on which you accept the terms of this Agreement.

“E-Bike” means the bicycle with electric pedal assist and an integrated electric motor powered by Battery provided by Company to Users as part of the Services pursuant to a Subscription and the terms of the Legal Terms, and which can throttle up to 25 miles per hour. The term “E-Bike” includes the Battery and Lock unless otherwise specified.

“Guarantor” means a natural person jointly responsible with User for all payments due under the Agreement.

“Helmet” means a safety helmet designed for bicycle use. User may provide their own Helmet, rent a Helmet from the third parties, or purchase a Helmet from Company upon availability. All Users are always obliged to wear Helmet while operating an E-Bike.

“Legal Terms” means this Agreement, the Terms of Use, the Privacy Policy, and Company policies collectively.

“Lock” means the bicycle lock provided by Company to User with an E-Bike for the purpose of securing and fastening the E-Bike to a fixed object when not in use.

“Messengers” means SMS, WhatsApp, Facebook Messenger, WeChat, QQ Messenger, Telegram, Viber, Line, or other instant messaging services.

“The Whizz Personal Account” means a portal used by Users on the Site or in the App to manage their Subscription.

“Partner shops” are retail shops that collaborate with Whizz based on a partnership agreement.

“Peace of Mind” means an optional paid service that, if accepted, reduces User’s financial liability for repairs and maintenance required due to damage to the Equipment arising from normal use, and also reduces or covers fees associated with loss of, or damage to the Equipment resulting from theft, attempted theft, vandalism or other accidental damage occurring during the rental period.

“Privacy Policy” means Company’s Privacy Policy located on and available at the getwhizz.com/documents/privacy-policy/ and incorporated in this Agreement, and as may be amended by Company from time to time.

“Prohibited Area” means any area in which E-Bikes are prohibited under applicable law from being ridden.

“Promo-Codes” – Promo code is an alphabetic, numeric or combined sequence of characters, the introduction of which goes into a special field in the Client's personal account when paying for the Subscription providing the Client with a discount on the first payment for the Subscription or on the monthly price of the Subscription.

“Property Receipt Form” is a document issued by Сompany to User at the start of Equipment rental, as per Subscription Agreement. This form includes a detailed list of items being provided to User, specifically: Equipment, Supplementary Equipment, and Supplementary Accessories.

“Protection Plan” means an optional paid service that, if accepted, reduces User’s financial liability for repairs and maintenance required due to damage to the Equipment arising from normal use, and also reduces or covers fees associated with loss of, or damage to the Equipment resulting from theft, attempted theft, vandalism or other accidental damage occurring during the rental period.

“Services” means the services provided by Company which, for the avoidance of doubt, include (i) the App, the Site, and any social media accounts or pages operated or owned by Company, (ii) the Equipment and the rental, management, and maintenance of the Equipment, and (iii) all other related Equipment, including services, applications, websites, and information provided or made available by Company, as more fully described in the Legal Terms.

“Site” means Company’s website (located at getwhizz.com) operated by Company and pertaining to the Services.

“Subscription” means User’s month-to-month or week-to-week rental of an Equipment from Company pursuant to the Legal Terms.

“Periodic Payments” means the fee charged by Company to User on a monthly or weekly basis for the Subscription, as described at getwhizz.com.

“Subscription Renewal Period” means the timeframe following the expiration of a customer's current subscription period during which they can extend or renew their subscription. In a monthly subscription model, if a customer subscribes or renews on December 1, the subscription remains active until December 31, with the renewal period starting on January 1 and extending access through January 31. In a weekly subscription model, if a customer subscribes or renews on a Monday, the subscription remains active until that week’s Sunday, with the renewal period starting the following Monday and extending across the following Sunday.

“Supplementary Accessories” mean accessories delivered to User by Company at the beginning of the Subscription or during, which are provided for the purpose of safe usage and storage of the Equipment and Supplementary Equipment by User, including the following: (i) Charger for the Battery; (ii) U-Lock key; (iii) Battery key; (iv) Alarm key; (v) Basket; (vi) Phone mount and any other provided by Company to User at its sole discretion.

“Supplementary Equipment” means equipment other than Equipment delivered to User by Company at the beginning of the Subscription or during, which are provided for the purpose of safe usage and storage of Equipment by User, including the following: (i) Battery; (ii) U-Lock for securing E-Bike; and any other provided by the Company to User at its sole discretion.

“Term” means the time period from the Effective Date and while the Subscription is active and in good standing, and not otherwise terminated by Company or User as described in this Agreement. The Term ends when Company or User terminates the Subscription, User returns Equipment to Company, and any fees owed to Company are paid by User in full, or when Ownership of Equipment is transferred to User.

“Terms of Use” means Company’s Terms of Use located on and available at the getwhizz.com/documents/terms-of-use/, incorporated in this Agreement, and as may be amended by Company from time to time.

“User” means a natural person who both meets the eligibility criteria described and has been approved by Company for a Subscription.

“Whizz shops” means physical retail locations operated by Whizz.

ANNEX B

PRICE LIST

Can be found at: https://getwhizz.com/documents/certain-damage-fees/

ANNEX C

DAMAGE FEES: THEFT OR LOSS

	Intentional destruction or loss / theft of E-bike (including the battery)	Intentional destruction or loss / theft of Equipment (if the battery, keys, U-lock and charger are returned, in acceptable condition)*	Company recovery (REPO) of Equipment
Without Protection Plan / Peace of Mind	$1,350	$1000	$150
With Protection Plan / Peace of Mind	$1,350	$500	$75

* Protection plan and Peace of Mind only apply if:

Equipment was properly secured;
Police report has been filed;
User has no outstanding debts older than 1 month;

Equipment Subscription Agreement Supplement for California Residents

Section II, sub-section I, item 6 shall be read as:

Agree to the terms of the document titled "Waiver And Release of liability: Lithium-lon Battery Warning and Usage information," and acknowledge the risks associated with the use of lithium-ion batteries. User agrees to follow all safety instructions provided. This release does not waive any rights under applicable consumer protection laws or claims based on gross negligence or willful misconduct

Notwithstanding the terms of Section III, sub-section A, Company reserves the right to change the Periodic Payments at any time by providing a prior notice to the User, including after User’s Subscription has started.
Section XVI, sub-section C shall be read as:

Waiver and Release. In consideration of Company providing Services, User specifically releases and forever discharges Company Parties from any and all liability or claims for injury, illness, death or loss of or damage to property which User may suffer while using Services and participating in associated activities. It is the express intent of this Agreement that User release Company Parties and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, except as prohibited by applicable law. In agreeing to this Agreement, User fully recognizes that if injury, illness, death or damage occurs while engaged in using Services or participating in bicycling, or any other activity associated with Equipment, such injury may result from inherent risks, and nothing in this Agreement waives rights under applicable consumer protection laws or claims based on gross negligence or willful misconduct.

Section XVI, sub-section D shall be read as:

No Warranty. Equipment is provided to User on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Company makes no warranty, express or implied, as to any matter whatsoever including, without limitation, the condition of an Equipment, helmet, or any item provided in the supplementary equipment, or their merchantability or fitness for a particular purpose.Nothing in this Agreement waives User’s rights under California’s consumer protection statutes, including implied warranties where required.

Section XVII, sub-section B shall be read as:

Governing Law and Venue. This Agreement will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles, except to the extent that California consumer protection laws impose mandatory requirements which cannot be waived. In such cases, California law shall apply.

Section XVIII shall be read as:

7. Section II, sub-section A shall be read as:

A. Subscription and Ownership. User acknowledges and agrees that User desires to use the subscription-based rental services for the Equipment with the possibility to own it at the end of the subscription. User shall only own Equipment once User has paid the Down Payment, all twelve (12) Periodic Payments, Buyout Payment and any additional fees, fines and/or expenses owed by User to Company See Appendix D for a complete breakdown of payments and total cost to acquire ownership as required by California law.

8. Section II, sub-section E shall be read as:

E. Transfer of Ownership of Equipment to User. Ownership of Equipment shall only be transferred from Сompany to User when User successfully pays the Down Payment , all twelve (12) Periodic Payments due for the applicable Term in full to Сompany, Buyout Payment and any additional fees, fines and/or expenses owed by User to Company. User acknowledges and agrees that upon transfer of ownership of Equipment to User, this Agreement cancels and all obligations incurred by Сompany under this Agreement (in particular but not limited to those relating to servicing and maintenance) expire, save for those provisions which survive termination. The transfer of ownership of Equipment is formalized by signing the Property Sale Form. Property Sale Form is the document that details the specific terms of the sale of Equipment, including the type of equipment, pricing, and other transaction-specific information. After the transfer of ownership from Сompany to User, Сompany will remove all GPS trackers if User personally visits the store and requests their removal. Regardless of whether a removal request is made, Company will cease all tracking of User's location immediately following the transfer of ownership. If, at the time of completion of all payments and transfer of ownership of the Equipment to User, User is enrolled in and actively using the Battery Swapping Service, ownership shall transfer to User with respect to one (1) battery only, namely the battery then in User’s possession and actively used by User in connection with the Battery Swapping Service at the moment of buyout. Any and all other batteries previously issued or made available to User through the Battery Swapping Service remain the exclusive property of Company and/or its partners and must be returned upon Company’s request or upon cancellation of the Battery Swapping Service.

9. Section XIX, shall be read as:

10. Appendix A shall be added and read as:

This Appendix forms part of the Rent-to-Own Agreement and provides the required disclosures under California Civil Code § 1812.623.

Model: Whizz x Eahora Monster (Used)

Periodic Payment: $169 per month
Down Payment: $0
Buyout Payment: $99 (non-refundable)
Minimum Rental Period Before Buyout Eligibility: 12 months
Payment Schedule: First payment due at delivery; subsequent payments due monthly on the same calendar day

Model: Whizz x Eahora Monster Turbo (Used)

Periodic Payment: $199 per month
Down Payment: $0
Buyout Payment: $99 (non-refundable)
Minimum Rental Period Before Buyout Eligibility: 12 months
Payment Schedule: First payment due at delivery; subsequent payments due monthly on the same calendar day

Model: Whizz x Eahora Monster (New)

Periodic Payment: $199 per month
Down Payment: $99 (non-refundable)
Buyout Payment: $99 (non-refundable)
Minimum Rental Period Before Buyout Eligibility: 12 months
Payment Schedule: First payment due at delivery; subsequent payments due monthly on the same calendar day

Model: Whizz x Eahora Monster Turbo (New)

Periodic Payment: $219 per month
Down Payment: $99 (non-refundable)
Buyout Payment: $99 (non-refundable)
Minimum Rental Period Before Buyout Eligibility: 12 months
Payment Schedule: First payment due at delivery; subsequent payments due monthly on the same calendar day