Effective Date: June 1, 2025

These terms apply to your use of battery charging cabinets provided by PopWheels, Inc. ("PopWheels") as part of a battery swapping service made available through your agreement with Whizz. By using the battery swapping service, you agree to the terms below.

1. Use of Charging Cabinets

PopWheels provides access to cabinets that allow eligible users to exchange depleted Whizz-provided batteries for charged ones. You agree to follow all PopWheels and Whizz instructions when performing a battery swap. You must ensure that the returned battery is properly inserted and the cabinet door is securely closed.

2. Ownership and Control

All cabinets and systems are owned and operated by PopWheels. All batteries used in the system remain the property of Whizz.

3. Reporting Issues

You must promptly report any malfunctioning cabinets or safety issues to Whizz or PopWheels. Do not attempt to use a cabinet or battery that appears damaged or defective.

4. Prohibited Acts

You are prohibited from:

YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU AND OTHERS, AND DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY.

5. Assumption of Risk

You acknowledge that use of the charging cabinets carries inherent risks, including the risk of fire, electric shock, or equipment malfunction. You voluntarily assume all risks associated with the use of the cabinets and agree to use them responsibly and safely. You agree to hold PopWheels, its owners, affiliates, and representatives, harmless from any damage, whether tangible or intangible, that may happen to you while participating in the PopWheels service.

6. Limitation of Liability

PopWheels shall not be liable for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement, including, but not limited to, loss of revenue, or profits or other benefits, and claims by any third party. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts. PopWheels’s maximum liability hereunder shall be limited to the total amount of fees paid by you for the PopWheels service in the prior three (3) months before any such claim arose.

7. Indemnification

You agree to indemnify and hold harmless PopWheels, its affiliates, and its respective owners, affiliates, and representatives from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, your participation, action(s), and/or inaction(s) under this Agreement.

8. Termination

PopWheels may terminate your access to the battery swapping service for any reason, including but not limited to: (a) breach of this Agreement; or (b) violation of the prohibited acts set forth above. Upon termination, you will no longer be permitted to access or use the battery charging cabinets.

9. Assignment

This Agreement may be assigned by PopWheels upon the sale of all or substantially all of the Service. The assignee shall be bound by all of the terms and conditions of this Agreement.

10. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of New York. Any disputes relating to PopWheels’s battery charging cabinets shall be resolved by binding arbitration under the rules of the American Arbitration Association, held in New York, NY.