E-Bike, Supplementary Equipment and Accessories Sale Agreement

I. INTRODUCTION

My Device Inc., a Delaware corporation doing business as Whizz (“Whizz,” “Company,” or “we”), welcomes you (“you” or “Purchaser”) to our sales program for electric bicycles (“E-bikes”), Supplementary Equipment (“Equipment”) and Accessories. Collectively, “E-bikes”, “Equipment” and Accessories are referred to as “Property”.
These sales are offered through our website at https://getwhizz.com/ and through the Whizz personal account and mobile application. This E-Bike, Supplementary Equipment and Accessories Sale Agreement (“Agreement”) sets forth the terms and conditions under which you may purchase Property from us. By entering into this Agreement, you agree to the terms and conditions herein and acknowledge that this Agreement together with Property Sale 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, ASSUMPTION OF RISK, AND OBLIGATIONS UNDER THE PAYMENTS AND OTHER APPLICABLE FEES.

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 PURCHASE.

II. SUBJECT OF THE AGREEMENT

Sale and Purchase. Under this Agreement, Company agrees to sell, and Purchaser agrees to purchase Property and to pay the total purchase price of Property. The purchase may include both new and refurbished E-bikes, Equipment and Accessories. The type of E-bike and the associated costs will be specified in the Property Sale Form. Purchaser agrees that they have received Property, including any refurbished E-bikes, in its "as is" condition. Whizz makes no guarantee of Property for the fitness of any purpose. Purchaser agrees that no defects or damages were found at the time of the sale. The Agreement includes separate provisions that govern the purchase of E-bike and separate provisions that govern the purchase of Supplemental Equipment or Accessories.

III. PAYMENT TERMS OF PROPERTY

A. Total Purchase Price. The total purchase price of Property will be detailed in Property Sale Form specific to the transaction. Upon execution of this Agreement, Purchaser shall pay a non-refundable full payment for Property. The payment shall be made in advance prior to the signing of Property Sale Form. Property Sale Form is required when purchasing an E-bike, but it is not mandatory when purchasing Supplementary Equipment and Accessories.
Payment Terms. Purchaser represents and warrants to Company that Purchaser is authorized to use any credit or debit card Purchaser furnishes to Company. Purchaser authorizes

B. Company to charge the card for all Payments. Acceptable forms of payment are limited to valid, non-expired credit or debit cards issued in the Purchaser's name. Cash, checks, and temporary or prepaid credit/debit cards are not accepted.

C. Disputed Charges. Purchaser may not dispute any charges on Purchaser’s credit or debit card account directly with their card provider. Instead, Purchaser must contact Company directly of charges Purchaser would like to dispute. Company will promptly investigate the matter and will report back to Purchaser 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. Company’s findings will be the final. If Purchaser initiates a dispute directly with his/her credit or debit card provider, Company reserves the right to impose a fee on Purchaser, which will be equivalent to the disputed payment along with Late Fees and any other applicable fines or repossess Property.

IV. OWNERSHIP OF PROPERTY

A. Transfer of Ownership. Ownership of Property will be transferred to Purchaser upon full payment of the purchase price due under this Agreement.

V. POSSESSION AND TRANSFER OF RISK OF PROPERTY

A. Passage of Title and Risk of Loss and Damage. The risk of loss, damages and title of Property passes from Company to Purchaser as follows.

• Delivery service: The risk of loss, damages and title passes to Purchaser upon delivery to the carrier. Company's obligation is considered fulfilled when Property is handed over to the carrier tasked with transporting it to Purchaser.
• Pick up of Property: The risk of loss, damages and title passes to Purchaser only upon Purchaser's pick-up of Property .

B. Liability for Loss or Damage. Loss of or damage to Property will not release Purchaser from their obligations under the terms of this Agreement.

VI. USE OF E-BIKE

A. Operation and Care. Purchaser is required to follow the operational instructions provided at the time of Property pick-up and those available on getwhizz.com/manual/.
B. Safety Compliance. Wearing a helmet and complying with all applicable traffic laws is mandatory while operating E-bike. Purchaser bears full responsibility for any consequences resulting from non-compliance. Purchaser will be solely responsible for any loss or damage resulting from such prohibited use, including, but not limited to, the use of E-bike while under the influence of alcohol or drugs, or using E-bike for illegal purposes.

VII. PICK UP OF PROPERTY

A. Property Pick-up. On Company website, as well as through the Whizz personal account and mobile application, you can find a store where you can pick up your Property.
B. Conditions for Pick-up. To receive E-bike, Purchaser must provide a US Government-Issued ID with a photo in their name.
C. Validation Procedures. As part of the purchase process, Company reserves the right to request and capture a photograph of Purchaser at pick-up point, as well as make copies of the provided identification documentation for verification purposes and validate the payment method. These measures are implemented to enhance security and ensure compliance with Company's policies.
D. Retail Certificate of Sale. Upon pick-up, Purchaser must conduct a thorough inspection of Property to ensure it is free from damages and safe to operate. After the inspection, Purchaser must sign Property Sale Form.

VIII. DELIVERY SERVICE OF E-BIKE

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

A. Availability and Limitations. Availability and pricing of delivery may vary for different Purchasers, E-bike and delivery areas. Current terms can be found on the website getwhizz.com, through the Whizz personal account and mobile application, or by contacting our Customer Support. Within 24 hours of payment, Company will coordinate with Purchaser to schedule the date, time, and place for delivery. If a payment falls on a weekend or a public holiday, Company will coordinate with Purchaser on the next business day.
B. Physical Presence. Purchaser must personally be present for the delivery at the agreed-upon day and time. If Purchaser is not present, Company reserves the right to refuse the delivery and no refund will be provided for the delivery service.
C. Validation Procedures. Company reserves the right to request and capture a photograph of Purchaser at the time of 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 the delivery service due to business-related changes. In case of rescheduling, a new time will be agreed upon with Purchaser. In case of cancellation, the price of the delivery will be refunded to Purchaser, and Company will contact Purchaser to discuss alternative ways for the delivery or pick-up.

IX. DELIVERY SERVICE OF SUPPLEMENTAL EQUIPMENT

A. Delivery service of Supplementary Equipment and Accessories is not provided except in cases where Purchaser orders an E-bike, in which case Сompany may deliver Supplementary Equipment and Accessories together with E-bike.

X. RETURN AND REFUND POLICY OF PROPERTY

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.

XI. LIABILITY

A. Acknowledgment of Terms and Complete Release of Liability. Purchaser has read and expressly agrees to the terms and conditions of this Agreement. Purchaser intends their assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law.

B. Indemnification. Purchaser 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 and all claims, losses, obligations, damages, liabilities, costs, or expenses (including reasonable attorneys' fees and costs) arising from or related to the Purchaser’s use of Property, any breach of this Agreement and/or Property Sale Form by Purchaser, or any violation of law or infringement of the rights of any third party by Purchaser. This indemnification obligation shall survive the termination or expiration of this Agreement and remain in full force and effect indefinitely.

C. Waiver and Release. Purchaser agrees specifically releases and forever discharges Company Parties from any and all liability or claims for injury, illness, death or loss of or damage to E-bike which Purchaser may suffer while using E-bike 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 Purchaser release Company Parties and hold them harmless from all liability for any such E-bike 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, Purchaser fully recognizes that if injury, illness, death or damage occurs while engaged in using E-bike or participating in any activity associated with E-bike, Purchaser 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. Purchaser warrants that they are not the subject of U.S. sanctions or sanctions consistent with U.S. law. Purchaser acknowledges that they have had the opportunity to review this waiver and they are voluntarily and knowingly entering into this Agreement with full understanding of its terms, and without any undue influence or coercion.

D. 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, Property. 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.

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

F. Assumption of High-Risk Activity. Purchaser acknowledges that using E-bike exposes Purchaser to known and unknown risks, dangers, and hazards that could result in injury, illness, or death to Purchaser or others, as well as property damage. Such risks, dangers, and hazards cannot always be predicted or avoided. Purchaser acknowledges and assumes these risks and waives all Company liability. See examples:

• Death or serious injury is possible;
• Head-on collisions: These are particularly dangerous and represent the most severe type of E-bike crash;
• Accidents at intersections: E-bikes can be less visible to other drivers, especially during turns or when stopped at traffic lights;
• Common accident causes: These can include potholes, uneven road surfaces, careless riding in poor weather conditions, obstacles or debris on the road or sidewalk, and excessive speed;
• Prohibited behaviors: Driving under the influence of alcohol, drugs, stimulants, thinners, or any medications that impair the ability to operate E-bike safely is strictly prohibited.

G. Manufacturer Liability Disclaimer. Company is a distributor and not the manufacturer of E-bike. As such, Company disclaims all liability for accidents or damages that may occur due to manufacturing defects of E-bike. Any claims related to manufacturing defects should be directed towards the manufacturer.

XII. GOVERNING LAW AND VENUE

A. Finality of Sale and Waiver of Contest Rights. Purchaser agrees that the sale of Property is final and they have no right to contest or dispute the purchase.
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 Purchaser and Company that arises in whole or in part from this Agreement or use of Property will be decided exclusively by a court of competent jurisdiction located in New York, NY. Purchaser 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 Purchaser at the address or e-mail address provided to Company pursuant to this Agreement.
C. No class action. Purchaser agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action. Purchaser waives any right to bring claims as a plaintiff or class member in any purported class or representative proceeding.

XIII. NOTICES

А. Any communications and/or notices from Purchaser to Company in relation to this Agreement must be sent to Company by email at support@getwhizz.com. Routine Company’s communications will be sent to Purchaser’s cell phone number and/or email address through Messengers, or to the mailing address provided by Purchaser. Company’s communications may also be sent to Purchasers through notifications or messages through Whizz personal account and mobile application.. Any notices deemed necessary for Purchaser’s attention during the term of this Agreement, will continue to be sent to Purchaser in any form as often as Company deems necessary, even after opting out of communications. It is Purchaser’s sole responsibility to contact Company immediately at support@getwhizz.com if email address, phone number and/or their home address have changed.

B. Purchaser 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. Purchaser 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 Purchaser.

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

D. Binding Agreement. This Agreement together with Property Sale Form constitutes the entire agreement between the parties regarding its subject matter and is binding upon the parties and their permitted successors and assigns.

E. Force Majeure. Company and Purchaser may be released from certain contractual obligations if extraordinary events occur such as death of Purchaser, 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 Company and Purchaser. If possible, Purchaser and Company will work to mitigate potential losses from force majeure events.

Annex A: Key Definitions

“Company” refers to My Device Inc., a Delaware corporation doing business as Whizz, which sells electric bicycles.
“Purchaser” refers to the individual or entity that enters into this Agreement with Company to purchase E-bikes under the terms specified.
“E-bike” refers to the bicycle with electric pedal assist and an integrated electric motor powered by Battery. This term encompasses all variants and models of electric bicycles made available by Company.
“New E-bike” means brand-new bicycles that have never been used or sold before. They come directly from the manufacturer or an authorized retailer and include a full manufacturer’s warranty.
“Property Sale Form” is the document that details the specific terms of the sale of the E-bike, including the type of bicycle, pricing, and other transaction-specific information.
“Privacy Policy” is the document that outlines how Company collects, uses, stores, and protects Purchaser data, as accessible through Company’s website and/or App.
“Refurbished E-bike” means pre-owned bicycles that have been returned, inspected, repaired, and restored to a good working condition. They do not include the manufacturer's warranty.
“Supplementary Equipment” means lithium batteries and any components that come with the purchase of E-bike or E-moped, as well as rider's packs listed on the website https://getwhizz.com under the store section.
“Terms of Use” are the regulations that Purchasers 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 Purchaser agrees to the terms and conditions as outlined in this document.