Whizz Legal Documents

E-bike Subscription Agreement

Last Updated: April 25, 2024

E-BIKE SUBSCRIPTION AGREEMENT

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 electric bicycles (“E-Bikes,” “bicycles,” “bikes,” “equipment,” or “property”) with throttle and pedal assistance. You can find information regarding our bicycles on our website getwhizz.com, as well as in the Whizz Personal account and mobile applications. This E-Bike 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 AND DAMAGE FEES. IT ALSO SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICES.

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.

II. SUBSCRIPTION

A. Eligibility. The Service is only available with a Subscription. To be eligible for the initial and continued 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 the E-Bikes.

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/) and Terms of Use (https://getwhizz.com/documents/terms-of-use/).
  • 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 E-Bike.
  • 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 E-Bike 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.

B. 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 the Company for enforcing Guarantor’s performance of these obligations.

C. 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 the Company. The Company will not run a credit report. Depending on the severity and specifics of these results, the Company may require User to provide a deposit. In the event of significant negative results of the background check, the Company reserves the right to refuse the Subscription application. The Company will not disclose the specific reasons for any results from the background check.

D. Deposit. 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, if required, will be refunded when the E-Bike is returned. The Company reserves the right to use the deposit to cover any fees or charges owed by User to the Company, including damages to the E-Bike, late fees, or outstanding rental charges.

E. 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 the E-Bike in a safe manner), gender, sexual orientation, or political beliefs.

F. 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 the Company. This includes cases where a customer's subscription was terminated or their E-Bike had to be repossessed due to delinquency and/or where outstanding debt of any kind exists. Such decisions will be made at the Company's discretion, with the objective of ensuring the safety and well-being of all Users and maintaining the integrity of the service.

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

H. Term of Agreement. This Agreement will be in force between the Company and User from the Effective Date through the duration of the Term unless canceled by User or terminated by the Company (See Section X). Terms as defined in Annex A Key Definitions.

I. Changes to Agreement. The 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.

J. 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, E-Bikes, Batteries, or other equipment. The availability of services can vary depending on the plan chosen by User.

K. Location and Jurisdictional Limitations. The Service is currently available only in New York City, New York. Any rented property, including the E-Bike, Battery, and Lock, must remain within the state of New York and New Jersey. Taking the Company’s property out of the two states may be considered a violation of this Agreement, may result in the termination of the Agreement at the Company's discretion, and may cause the involvement of law enforcement authorities.

L. Terms of Use. E-Bike can be used for 1) Commercial (limited to delivery purposes only) or 2) Personal use.

III. SUBSCRIPTION, SUPPLEMENTARY EQUIPMENT, AND SERVICE FEES

A. Subscription Fees. User agrees to pay the Subscription Fee, in the amount indicated in the App and/or Personal Account, on a monthly or weekly basis depending on the purchased plan for the duration of the Subscription. Company reserves the right to change the Subscription Fee at any time and without notice, including after User’s Subscription has started. Users should visit the Site, the App, and/or the Personal Account periodically for up-to-date information about the Subscription, Supplementary Equipment and Service Fees. Company will charge User the initial Subscription Fee either immediately upon acceptance of User’s registration for a Subscription or certainly at the time of the E-Bike pick-up by User. Subscription fees are charged on a prospective basis, meaning that the subsequent charges will occur monthly or weekly from the date of the first charge. If User decides to add on Supplementary Equipment or Services, including Extra battery or Protection Plan, 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 the card for all Subscription Fees and other applicable fees, including 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 Subscription Fees 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 the 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 the 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, the Company reserves the right to impose a fee on User, which will be equivalent to the disputed payment along with any applicable fines. Additionally, the Company may terminate the Subscription and repossess the Company’s property, all at the Company’s sole discretion.

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 Subscription Fee or Damage Fees, is rejected by the 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. The Company may also issue an invoice to User for the outstanding amount. If payment is not received following this invoice, the 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 the 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 the 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 Subscription or Service Fees in the event of early return of the E-Bike, Supplementary Equipment and Accessories. Only in the event when the E-Bike, Supplementary Equipment and Accessories are returned on the first day of the rental period or the day after; or on the first day of the subscription renewal period and User has already paid the corresponding Subscription 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 an extra battery 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 Subscription Fees or Damage Fees, the Company may elect to charge User's credit or debit card 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.

IV. DISCOUNTS, PROMOTIONS AND OFFERS.

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 the 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 the 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 subscription renewal fees and cannot be applied for the first period of subscription payment or any other fees including 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 resubscribe with the Company.

C. Delinquency in User’s Agreement. If a User fails to make a payment or returns the E-Bike and 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 subscription fees, and User will still be responsible for the cost of the E-Bike and equipment.

D. Selecting a Specified Duration of Agreement. A User may benefit from discounts if User chooses to pay subscription fees upfront (for example, two months instead of one month). The monthly fees may be reduced in this event. The minimum rental period for specified discounts is two months.

E. The 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.

F. In case of delinquency or violation of the terms of this agreement by User, the 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 the Company and may be implemented without prior notice to User. Any decisions made by the Company in this regard are final.

User acknowledges that any pricing or promotions displayed on the Company’s website, Personal Account, 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 the E-Bike rental or any additional services or equipment, as determined by the Company, at the time of rental.

V. PICK UP OF E-BIKE AND SUPPLEMENTAL EQUIPMENT.

A. E-Bike Pick-up. E-Bikes, Supplementary Equipment and/ or Accessories can be picked up at Company’s offices located at:

  • 229 W 13th Street, New York, NY 10011;
  • 206 E 116 Street, New York, NY 10029;
  • 407 West 39th Street, New York, NY 10018;
  • and 745 Flushing Ave, Brooklyn, NY 11206

during business hours as it is disclosed on the website getwhizz.com.

To receive an E-Bike User must provide one of the following:

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

The 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. The 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 the E-Bike 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 the E-Bike, 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 the equipment 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 E-BIKE, SUPPLEMENTARY EQUIPMENT AND ACCESSORIES

A. E-Bike Return. User must personally (or through a representative with a valid Power of Attorney issued in accordance with New York law) return to Company the E-Bike, 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 the E-Bike, 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 the E-Bike, 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 the E-Bike 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 the E-Bike as specified in Annex B 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 E-Bike’s return, or User refuses to be present during the inspection, or to sign the Property Return Form, the Company reserves the right to proceed without User’s agreement and charge User according to Annex B of this Agreement for any damages to the E-Bike, Supplementary Equipment and Accessories and for any missing items associated with the Subscription.

E. Future Damages. The Company also reserves the right to inform User within 60 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 dirt on the E-Bike, preventing proper inspection on return) but prior to the new rental. User specifically agrees and authorizes the Company to automatically charge User for such damages according to Annex B of this Agreement.

F. Failure to Return. The E-Bike, Supplementary Equipment and Accessories are considered returned only when they are returned to a representative of the Company at the office. The Subscription cannot be considered canceled until the E-Bike, Supplementary Equipment and Accessories have been returned. Failure to return the E-Bike and battery, 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. E-Bike Repair and Replacement. The Subscription includes E-Bike repair services to be provided by the Company upon request. If the E-Bike needs a repair, User must visit one of the Company’s offices during working hours. The Company does not guarantee any specific time for addressing or resolving repairs. If the E-Bike cannot be repaired on-site, the Company will provide a replacement E-Bike if available.

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

C. Accidents. In the event of an accident or crash involving an E-Bike, 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 the Company and its representatives to investigate the incident. User should provide to the 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 the E-Bike 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 of this Agreement, regardless of who was at fault. The Company is not responsible for any loss of use or other consequences arising from the E-Bike, Supplementary Equipment, or Accessories being damaged, when the Subscription Fees have already been paid. The Company is not obliged to refund, compensate, or otherwise make amends to User for any such loss.

D. 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 E-Bike 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.

E. Lost,Stolen or Confiscated E-Bike. If the E-Bike, Supplementary Equipment and Accessories are lost, stolen or confiscated, User remains responsible for said property. User agrees to compensate the Company for the full value of the E-Bike, Supplementary Equipment and Accessories as outlined in Annex B of this Agreement. In such cases, the 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. The Company is not responsible for any loss of use or other consequences arising from the E-Bike, Supplementary Equipment, or Accessories being lost, stolen or confiscated, when the Subscription Fees 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, the 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.

F. Reporting Damage, Loss, Theft or Confiscation. User must report any damage, loss, theft, or confiscation of the E-Bike 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, if applicable.

If the E-Bike 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 property by User. The Company will then pursue all legal remedies, including attempting to collect monetary losses and filing a police report. The 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 of this Agreement.

If the E-Bike 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.

G. The User agrees that not wearing a helmet will alleviate the Company of any liability in the case of injury. Not wearing a helmet properly or not operating the E-Bike 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 E-Bike, Supplementary Equipment and Accessories, provided that:

  • The E-Bike, Supplementary Equipment and Accessories have been used in accordance with the terms and conditions set forth in this Agreement
  • User has notified the 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 within the cities of New York or New Jersey
  • The E-Bike, 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 the bicycle is not in use. This is necessary to ensure the safety and security of the E-Bike, 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.

B. If the amount of applicable Damage Fees exceeds $100, Protection Plan allows User to pay only 50% of such Damage Fees outlined in Annex B of this Agreement s.

C. If the E-Bike was stolen, Protection Plan will allow User to only be responsible for Damage Fees, only if User has complied with the requirements of Sections VII and VIII (see Annex B, Damage Fees).

D. Protection Plan is offered as an extra agreement per each rented E-Bike. 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.

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 the E-Bike, thus consistently undermining the safety and integrity of the Company's property. Additionally, the Protection Plan may not apply when the User is suspected of engaging in fraudulent activities. The Company reserves the right to decline Services in such cases.

IX. OVERNIGHT STORAGE AGREEMENT

This plan is offered as an extra agreement per each rented E-Bike, is subject to physical availability and excludes storage of batteries. The agreement allows User to store the E-Bike overnight at a preferred Company’s or the Company’s partners’ location for an additional monthly or weekly fee according to the current pricing available on the website www.getwhizz.com or in the App. User must agree to the following terms:

A. User may pick up or drop off their bike only during the business hours of the selected location, and should aim to arrive at least thirty minutes before the business closes to ensure courteous service..

B. User should not expect the E-Bikes and/or Supplementary Equipment to be charged at the selected locations during its storage.

C. User understands that the storage of their E-Bike may not always be available due to demand.

D. The storage location, or Company, reserves the right to terminate this agreement at any time. User will be notified, but may not be refunded, in this scenario.

E. The Company is not responsible for the availability and quality of the overnight storage service provided by third-party partners. This includes, but is not limited to, any disruptions, damage, or loss that may occur while the E-Bike is stored at these locations. User accepts and understands that while the Company endeavors to work with reputable partners, the conditions and operations of these partner sites are outside the Company's direct control and influence.

X. BATTERY SWAPPING SERVICE

This service is offered as an optional add-on to each rented E-Bike. By opting for the Battery Swapping Service, User agrees to pay an additional fee according to the current pricing available on the website getwhizz.com or/and in the App. User agrees to the following terms:

A. Availability and Limitations:

  • Battery Swapping is available only during the Company's working hours.
  • Users are entitled to one battery swap per day.
  • The Company does not guarantee the availability of the Battery Swapping Service for all Users or all types of E-Bikes.
  • The service may not be available in all locations where the Company operates.

B. Users must ensure that the battery to be swapped is in a condition that adheres to the guidelines and requirements set forth by the Company, including the proper handling and maintenance of the battery. Otherwise, User agrees to pay for any damages identified as outlined in Annex B of this Agreement. User must return the swapped battery in the same condition as it was received, excluding normal wear and tear. Failure to do so may result in the refusal in the service provision by the Company as well as its termination.

C. Any issues with the swapped battery should be reported to the Company 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.

D. Batteries that are lost, stolen, or damaged due to User’ negligence or intentional actions are not covered by this service. The Company reserves the right to deny Battery Swapping Service to Users who have any outstanding debts of any kind for the services provided.

E. The Company reserves the right to terminate or modify the Battery Swapping Service at any time. Users will be notified but may not be refunded in this scenario.

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 E-BIKE

A. Operation of E-Bike. Instructions for safe operation of the E-Bike, Supplementary Equipment and Accessories are provided by the Company at the time of E-Bike pick-up and available on the Site 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 E-Bike, Supplementary Equipment and Accessories.

B. Preservation of E-Bike Condition. User must not dismantle, write on, or otherwise modify, repair, or deface an E-Bike, any part of an E-Bike, Supplementary Equipment and Accessories provided by Company in any way.

C. Prohibition of Unauthorized Commercial Use. User must not use the E-Bike, 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.

D. Battery Use. Batteries used in E-Bikes are electric power batteries that require periodic charging in order to operate and power the 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 the E-Bike each time the E-Bike is not in use in order to ensure its safe keeping.

E. Battery Charge and Repair. User must not attempt to charge the Battery with any charging device other than that provided by the 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. In no circumstances should User attempt to repair the Battery on their own. User understands and agrees that any Battery repair attempt constitutes a violation of this Agreement, and that the Company will not be in any circumstances liable of any harmful outcomes of such repair.

F. Helmets; Safety. User must always wear a Helmet while using the 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 an 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 an 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. In Section D - Repair, Damages, Accidents, Loss or Theft)

G. E-Bike Intended Use. The E-Bike is intended for use only by User engaged in the Subscription. The E-Bike must not be shared with others or sold to third parties, including any of its supplementary equipment or accessories provided for rental. The E-Bike 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 E-Bike operation without interfering with the safe E-Bike functioning.

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

XIII. USER RESPONSIBILITIES

A. Pre-Ride Safety Check. Before each use of the E-Bike and Battery, 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 E-Bike or Battery has signs of any damage, User must not use the E-Bike and instead must immediately visit one of the Company’s offices for an inspection and repair if required.

B. User’s State while Operating an E-Bike. User must not operate an E-Bike while under the influence of alcohol, drugs, stimulants, thinners, or any medications that could impair safe E-Bike 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 E-Bike.

D. E-Bike Operation Exclusively for Intended Use. User acknowledges that the E-Bike 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 E-Bike will not be operated or used in any Prohibited Area. When using an E-Bike on a sidewalk, the E-Bike must be walked by User’s side, not ridden. User agrees not to use the E-Bike 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 the E-Bike 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. User acknowledges that regular maintenance is essential for ensuring the safe and optimal functioning of the 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 Bike for Maintenance. The Company reserves the right to charge User for any damages that occur to the E-Bike as a result of User’s failure to bring the bike in a timely manner for scheduled 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 the bike for scheduled maintenance, the Company reserves the right to deny User the Services, terminate the Subscription, or deny User any payment plan options.

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 the E-Bike, Supplementary Equipment, and Accessories, and the payment of any outstanding Subscription Fees, Service Fees, 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 property is returned. 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 property has been returned to the Company.

B. Termination by Company. The Company may terminate this Agreement and User's Subscription upon notice to User at any time, with or without cause. While the 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 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 the E-Bike and Supplementary Equipment, such as leaving the E-Bike unlocked or unattended on the street or leaving the battery in the E-Bike.

Any 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 damage fee of $100.00 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 the E-Bike, Supplementary Equipment and Accessories without providing prior notice to User. Repossession specialists or other Company representatives may reclaim the E-Bike at any time following the onset of User's Subscription default or delinquency. User agrees to pay a repossession fee if the E-Bike, Supplementary Equipment and Accessories are repossessed, unless the repossession occurs on the Company's premises.

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

A. Failure to Pay. If User fails to pay the standard monthly or weekly fee, or return the E-Bike, 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 Damage Fees , either in full or through an agreed-upon payment plan.

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

C. Additional Fees. On the third day following a missed Subscription Fee while the E-Bike, 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 Subscription Fee on the tenth day following the original missed payment, the Company reserves the right to terminate User's Subscription and repossess the E-Bike, Supplementary Equipment and Accessories according to Section XIII.

E. Failure to Return Equipment. If User does not pay Subscription and Service fees in full and does not return all equipment within a reasonable time frame, the Company reserves the right to charge User the 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 the E-Bike, 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 Subscription Fees, 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 the Company. User may be held responsible for covering the incurred attorney’s fees, which will be determined by the 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 the bike, 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. The 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 E-Bike 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 the E-Bike, 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.

  1. 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.
  2. 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.
  3. 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. The bike 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 E-Bike, helmet, 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, E-Bikes, 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 E-Bike crash
  • Accidents also frequently occur on left hand turns or while stopped at a traffic intersection since an E-Bike is more difficult for other drivers to see
  • Other common reasons behind many E-Bike 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 E-Bike operation is prohibited
  • An E-Bike 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 E-Bike, Supplementary Equipment and Accessories prohibited by this Agreement voids all coverages or warranties (including insurance, accident, or liability coverages or protection plan); makes the E-Bike, 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 the E-Bike, 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, Damage Fees, Loss/Stolen E-Bikes Fees, or all/any other applicable charges incurred by User as outlined in Annex B, 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 the 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.

XVIII. USER ACCEPTANCE OF AGREEMENT

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

A. they have read and expressly agree to the terms and conditions of this Agreement, and acknowledge 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 E-Bike, are competent and physically fit to ride the E-Bike, will not carry passenger(s) on the E-Bike, and will always wear a Helmet while operating the E-Bike.

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 ride the E-Bike provided to them by the Company pursuant to a Subscription. User will obey all traffic laws; they will ride at their own risk; they will not operate the E-Bike while being under the influence of alcohol, substances such as drugs, stimulants, thinners, or medications that affect the safe E-Bike operation; they will not use the E-Bike 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 hello@getwhizz.com. Any communications and/or notices regarding legal and collections matters must be sent to the 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 hello@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. This Agreement, and any rights under it may not be transferred or assigned by User without Company’s express written consent, which may be granted in Company’s sole discretion.

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.

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 (COMING SOON) or website (getwhizz.com) accessible via mobile device or a desktop browser.

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

“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 the Company. The currency of the bonus account is a virtual US dollar. 1 virtual US dollar is equal to 1 US dollar.

“Damage Fee” means the fee or fees that Company may charge for damage, loss, or theft of the E-Bike, 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. Damage Fees for certain types of damage to the E-Bike are listed in the Annex B 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, and the Privacy Policy 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.

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

“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 (i) any area other than streets with a speed limit equal to or lesser than 25 miles per hour or designated bicycle lanes, (ii) any area in which E-Bikes are prohibited under applicable law from being ridden, and (iii) any area outside New York City.

Prohibited Areas include but are not limited to sidewalks, highways, expressways, parks, or greenspaces other than in designated bicycle lanes, and any area that is unpaved or off-road.

“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.

“Protection Plan” means an optional paid service that, if accepted, reduces User’s financial liability for loss of, or damage to the E-Bike, due to theft, attempted theft, or vandalism.

“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 E-Bike and the rental, management, and maintenance of the E-Bike, 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 E-Bike from Company pursuant to the Legal Terms.

“Subscription Fee” 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 E-Bike 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 the Company to User at its sole discretion.

“Supplementary Equipment” means equipment other than the E-Bike 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 E-Bike by User, including the following: (i) Battery; (ii) U-Lock for securing the 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 the E-Bike to Company, and any fees owed to Company are paid by User in full.

“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.

ANNEX B

CERTAIN DAMAGE FEES

DescriptionPrice
Attempting to remove any branding names or labels or adding any other stickers / any cosmetic changes$45
Tampering / adjusting components besides seat or removing battery$45
Damages to upper battery compartment$35
Conducting mechanical work on the bicycle without a written consent from My Device Inc. (DBA: Whizz)$45
Any physical damage / loss of the battery charger$55
1st time Losing Battery Key$20
2nd time losing Battery Key$40
Damaging Battery Port by misuse (Breeze, Storm)$250
Damaging Battery Port by misuse (Storm-2)$300
Any Cosmetic and Minor Operational Damages to the battery (Breeze, Storm)$250
Any Cosmetic and Minor Operational Damages to the battery (Storm-2)$300
Any Severe Structural and Safety Damages to the battery or the loss of the battery (Breeze, Storm)$450
Any Severe Structural and Safety Samages to the battery or the loss of the battery (Storm-2)$500
Any Damage to individual fender$40
Any misuse that causes damages to brake calipers / shifters (for individual front/back)$25
Broken, bent or snapped brake levers / shifters$30
Any bends, or damages to rear derailleur$40
Any damages to lights (individual front or back)$60
Any water damage or cracks to display as well as any damages to the display buttons$100
Any bends or cracks along front wheel including rim / hub (Breeze, Storm)$100
Any bends or cracks along front wheel including rim / hub (Storm-2)$150
Any bends or cracks on rear wheel$150
Any damages to the motor$300
Any damage from misuse to the controller$300
Any scratches or damages to the frame compromising its integrity (not including small cosmetic scratches)$500
Any bends to handlebars$50
Any damages to fork cracks, bends, or dents from misuse$250
Damaging cranks including bends or dents$100
Damages to pedals$20
Adding, altering, damaging, swapping seat or seat post$40
Altering or damaging any electrical cables / components$150
Tampering / attempting to remove IoT module$150
Altering or damaging any shift / brake cables$20
Altering or damaging hydraulic brake cable$40
Damaging or breaking throttle$40
Damaging, altering or swapping kick stand$25
Damaging, losing, or failing to return the U-Lock and/or a full set of compatible U-Lock Keys$39
Losing display key 1st time$15
Losing display key 2nd time$30
Loss/theft/damage of Whizz insulated backpack$35
Loss or damage to the bicycle alarm or alarm key$25
Loss or damage to the phone mount holder$25
Loss or damage to the rack$50

THEFT OR LOSS FEES

BREEZE, STORM

  • Intentional destruction or loss / theft of the bicycle (including the battery)

    (without Protection Plan)
    $1,200
    (with Protection Plan)
    $1,200
  • 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)

    (without Protection Plan)
    $800
    (with Protection Plan)
    $400 / Protection plan only applies if:
    - Bike has been properly secured;
    - Police report has been filed within 24 hours of the loss’theft;
    - User has no outstanding debts of any kind older than 1 month;
  • Repossession: Company recovery of E-Bike

    (without Protection Plan)
    $300
    (with Protection Plan)
    $0

STORM-2

  • Intentional destruction or loss / theft of the Storm-2 bicycle (including the battery)

    (without Protection Plan)
    $1350
    (with Protection Plan)
    $1350
  • Intentional destruction or loss / theft of the Storm-2 bicycle (if the battery, battery keys, U-lock, charger and all other accessories are returned, in acceptable condition)

    (without Protection Plan)
    $1000
    (with Protection Plan)
    $500 / Protection plan only applies if:
    - Bike has been properly secured;
    - Police report has been filed within 24 hours of the loss/theft;
    - User has no outstanding debts of any kind older than 1 month;
  • Repossession: Company recovery of E-Bike

    (without Protection Plan)
    $300
    (with Protection Plan)
    $0

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