ACCORD DE REPRISE DE VÉLO ÉLECTRIQUE

INTRODUCTION

My Device Inc., a Delaware corporation doing business as Whizz (“Whizz,” “Company,” or “we”), welcomes you (“you” or “Trade-In Participant”) to our E-Bike Trade-In program. This Trade-In is offered through our website at https://getwhizz.com/ and through the Whizz personal account and mobile application. This E-Bike Trade-in Agreement (“Agreement”) allows you to exchange an eligible Trade-In E-bike (“Trade-In E-bikes”) for credit towards the purchase of E-bike in accordance with the E-Bike Installment Sale Agreement posted on our website at https://getwhizz.com/. By entering into this Agreement, you agree to the terms and conditions herein and acknowledge that this Agreement together with Trade-In Acceptance Form constitutes a legally binding contract between you and Company.

PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS ACTION, RELEASES, WAIVERS, DISCLAIMERS AND ASSUMPTION OF RISK.

By clicking “I Agree”, you (i) confirm that you have read and understood the 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 Company. This includes your understanding and acceptance of your rights and obligations regarding the Trade-In E-bike, which is transferred to the Company under the Trade-In E-bike program and Trade-In Acceptance Form. IF YOU DO NOT ACCEPT OR DO NOT UNDERSTAND THIS AGREEMENT, PLEASE DO NOT PROCEED WITH THE TRADE-IN.

A. Conditions for Trade-In. To Trade-In E-bike, the Trade-In Participant must provide a US government-issued ID with a photo in their name. Trade-In Participant must physically bring the Trade-In E-bike to one of the Company's stores participating in the Trade-In program.

B. Ownership and Eligibility. You must own the trade-in E-bike, which must be free from any leases, contractual commitments, third-party interests, claims, or liens. Company reserves the right to inspect the Trade-In E-bike and may reject the Trade-In based on the E-bike's condition.

C. Characteristics of Trade-In E-bike. The Trade-In E-bike must be transferred without a lithium-ion battery. No additional compensation will be provided for upgraded components. All components must be functional. The Trade-In E-bike may show visible signs of use, such as wear, scratches, scuffs, stickers, or other cosmetic flaws typically incurred during ownership and use. The Trade-In E-bike must not have major structural damage or mechanical defects, including dents, bends, or cracks in the frame, wheels, or any component, or significant rust, oxidation, or corrosion.

D. Trade-In Value. The trade-in credit depends on the condition and model of the Trade-In E-bike. Trade-In E-bike is valued by Company and a certain amount will be set in Trade-In Acceptance Form. The value specified in Trade-In Acceptance Form cannot be disputed by Trade-In Participant. You will receive the trade-in value applied directly towards the purchase of an E-bike in accordance with E-Bike Installment Sale Agreement. The Trade-In value will be distributed proportionally across 12-month payments. The E-bike purchased under the trade-in program in accordance with the E-Bike Installment Sale Agreement must be picked up from one of the Company’s stores, participating in the Trade-In program, as delivery is not available.

E. Trade-in Payments. Trade-In Participant transfers the trade-in E-bike according to Trade-In Acceptance Form, which will be factored into the calculation of installment payments in accordance with E-Bike Installment Sale Agreement and Property Sale Form.

F. Ownership of Trade-In E-bike. Trade-In Participant hereby represents and warrants that they are the legal owner of trade-in E-bike described herein and possess full authority to transfer trade-in E-bike to Company. Trade-In Participant further guarantees that trade-in E-bike is free from any liens, encumbrances, or other claims. Ownership of trade-in E-bike shall be transferred to Company upon the signing of Trade-In Acceptance Form by Company and Trade-In Participant.

G. Waiver of Right to Reclaim Trade-In E-bike. Trade-In Participant acknowledges and agrees that once the Trade-In E-bike is transferred to the Company and Trade-In Acceptance Form is signed, they forfeit any right to reclaim or request the return of the Trade-In E-bike, regardless of any future claims or disputes.

H. Final Sale. E-Bike acquired as a result of the Trade-In program under the E-Bike Installment Sale Agreement is marked with a "Final Sale" sticker.

I. Return and Refund Policy. The Return and Refund Policy can be found on the website at https://getwhizz.com/documents/company-policies/ under the “Company Policies” section.

J. Warranty. The Warranty Policy can be found on the website at https://getwhizz.com/documents/company-policies/ under the “Company Policies” section.

K. 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. Any claim or dispute between Trade-In Participant and Company that arises in whole or in part from this Agreement will be decided exclusively by a court of competent jurisdiction located in New York, NY.

L. Сommunications: Trade-In Participant consents to receive communications from Company electronically, such as emails, texts, mobile push notices, or notices and messages, including through Whizz personal account and mobile application. Trade-In Participant agrees that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronically delivered notifications, including any Forms issued by Company and sent via email, text or through Whizz personal account and mobile application, are considered valid and confirm receipt and acceptance of the information provided by Trade-In Participant.

Annex A: KEY DEFINITIONS

“Trade-In Acceptance Form” is a document that confirms the transfer of the Trade-In E-bike from the Trade-In Participant to the Company, outlining the specific terms of the trade-in, including trade-in value, model, and other relevant transaction details.
“Company” refers to My Device Inc., a Delaware corporation doing business as Whizz.
“Trade-In Participant” refers to the individual or entity who is voluntarily offering their e-bike to be traded under the terms of E-Bike Trade-In agreement. The Trade-In Participant agrees to transfer ownership of the E-bike to Company in exchange for credit toward a E-bike under an Installment Sale agreement.
“E-bike” refers to the bicycle with electric pedal assist and an integrated electric motor powered by a lithium-ion battery.
“Trade-in E-bike” refers to a electric bicycle without a lithium-ion battery, transferred by the Trade-In Participant to the Company as part of the trade-in program.
“Privacy Policy” is the document that outlines how Company collects, uses, stores, and protects Trade-In Participant data, as accessible through Company’s website and/or App.
“Terms of Use” are the regulations that Trade-In Participant must agree to follow in order to use the services provided by Company, as stated on the Company’s website.
“Effective Date” is the date on which Trade-In Participant agrees to the terms and conditions as outlined in this document.