Whizz Care Plan Agreement

This Whizz Care Plan Agreement (“Agreement”) is made between My Device Inc., doing business as Whizz (“Whizz,” “Company,” “we,” or “us”) and User (“User,” “you,” or “your”), who purchased E-Bike or E-Moped from Company. By enrolling in the Whizz Care Plan (“Whizz Care Plan”), you agree to the terms and conditions outlined in this Agreement. By entering into this Agreement, you agree to the terms and conditions herein and acknowledge that this Agreement 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 MEMBERSHIP FEE, 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 ENTERING INTO THIS AGREEMENT.

1. MEMBERSHIP AND COVERAGE

1.1 Membership Fee. User agrees to pay the membership fee in the amount indicated in Whizz personal account and/or mobile application on a monthly basis. User represents and warrants to Company that User is authorized to use any credit or debit card furnished to Company. User authorizes Company to charge the card for all membership fees and other applicable fees, 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. Company reserves the right to change the membership fee at any time and without notice, including after User has accepted the terms of this Agreement and started the service. Absence of an active Whizz Care Plan allows Company to deny provision of maintenance and repair services.

1.2 Membership Benefits. Whizz Care provides access to maintenance and repair services but does not cover any costs. Company will conduct a free inspection before proceeding with any repairs and will inform you of the necessary work and associated costs.

1.3 Duration. The care plan covers your E-Bike or E-Moped as long as you continue paying monthly.

1.4 Сost of Repairs. The cost of repairs will be determined in accordance with the Price List for Repair and Damages, which is available on the website at getwhizz.com.

2. MAINTENANCE AND REPAIR SERVICES

2.1 Payment. For repair services User must pay according to the Price List for Repair and Damages, which is available on the website at getwhizz.com.

2.2 No Obligation. User is not obligated to have their E-Bike or E-Moped serviced by Company.

2.3 Inspection and Acceptance of Repairs. User has the right to inspect the repaired E-Bike or E-Moped upon completion of the repair services. By taking possession of the repaired E-Bike or E-Moped, User acknowledges and agrees that the repair services have been satisfactorily completed, and no further claims or liabilities shall be held against Company regarding the repair work performed.

2.4 Liability Waiver. User assumes all risks and dangers associated with the use of the E-bike or E-moped and assumes all personal responsibility in the event of injury. In the event of any damages, accident, or loss (including, without limitation, personal injury or death) while operating an E-bike or E-moped, User hereby expressly waives any and all claims against the Company and releases it from any and all legal liability. User agrees not to sue or make a claim against, and to indemnify, defend, and hold harmless Company, its owners, directors, officers, and employees from any and all claims and causes of action, liabilities, costs, or losses for property damage or physical or mental injuries, relating to or in any manner connected with any sales or services performed by the Company. User also agrees that this release binds User's spouse, heirs, legal representatives, and assigns. User understands that the service or repairs performed by Company may not be covered by any manufacturer warranties and may void the manufacturer warranties, if any, on your E-bike or E-Moped. Company is not liable for any potential negative consequences related to the functionality of the E-bike or E-Moped and any possible outcomes if User declines any repair work suggested by Company.

3. SERVICE PROCEDURE

3.1 Service Appointment Procedure. If User wishes to make an appointment for service, User may contact our Customer Support. Additionally, User may visit one of our store locations listed on the website to receive in-store service.

3.2 Repair Time. User may have to leave E-Bike or E-Moped with us until repairs are completed, depending on the availability of mechanical staff and spare parts, which may affect the repair time.

3.3 Repair Agreement. Сompany will contact User to discuss and agree upon the scope of repair work required. After the repairs are completed, User will be notified and can then come to pick up E-Bike or E-Moped from the designated location. For repair work, the Company requires full prepayment. In some cases, at the Company’s discretion, the repair may be carried out with partial prepayment, with the remaining balance to be paid according to the invoice issued to User. Upon pickup, User will be required to sign Property Repair Form, which confirms that User is satisfied with the repair work and has accepted the completed service.

3.4 Inspection and Acceptance of Repairs. User has the right to inspect the repaired E-Bike or E-Moped upon completion of the repair services. By signing Property Repair Form User acknowledges and agrees that the repair services have been satisfactorily completed, and no further claims or liabilities shall be held against Company regarding the repair work performed.

3.5 Waiver of Post-Completion Claims. By signing Property Repair Form, User waives any right to contest the quality of the repair work or to make any further claims against Company related to the repair services provided. This waiver includes, but is not limited to, any claims for defects or deficiencies in the repair work that may become apparent after E-Bike or E-Moped has been returned to User. User acknowledges and agrees that this waiver is made in full compliance with applicable laws and regulations and is intended to provide finality to the repair process. User further acknowledges that this waiver does not affect any statutory rights or warranties that may be applicable under state or federal law, except as expressly waived herein.

4. CANCELATION

4.1 Cancelation Notice. User must provide notification to cancel membership at least 24 hours before monthly due date via email at support@getwhizz.com, or through the Whizz personal account and mobile application.

4.2 How to Cancel. Failure to renew payment automatically cancels the plan, and in such a case, User will automatically lose membership access to repair and maintenance services.

4.3 No Refunds. There will be no refunds for the current renewal period if User fails to cancel within the specified time frame.

5. MISCELLANEOUS

5.1 Entire Agreement. This Agreement constitutes the entire agreement between Company and User regarding Whizz care plan and supersedes all prior agreements and understandings.

5.2 Amendment. Company may amend this Agreement in its sole discretion. Notification of changes will be provided via email or through your Whizz personal account and mobile application.

5.3 Governing Law. This Agreement will be governed by the laws of the State of New York without regard to its conflict of laws principles.

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

5.5 Notices. Any notices required under this Agreement should be sent to Company via email at support@getwhizz.com and through User’s Whizz personal account and mobile application. User 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. User 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 Property Repair Form and any Forms issued by Company and sent via email, text or through Whizz personal account and mobilethe application, are considered valid and confirm receipt and acceptance of the information provided by User.