PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. 

This Rental Agreement (“Agreement”) governs your rental and use of the MiChargR Power bank Chargers (“Charger(s)”) which are provided by Charged Up Mobile LLC. d/b/a MiChargR (“MiChargR,” “We,” or “Our”). MiChargR requires that you (“Renter,” “You,” “you” or “Your”) (acting for all of Renter’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to the terms and conditions in this Agreement prior to renting and/or use any Charger. 

This Agreement incorporates our Terms of Service [include link or hyperlink to Terms of Service] which not only govern Your use of our website, our mobile application (the “MiChargR App”) and other services that are ancillary to Your rental of a Charger, but also set forth additional rights and obligations that are set forth therein and incorporated into this Agreement. MiChargR’s offering of our Chargers as well as all other services provided by MiChargR (including those set forth in the Terms of Use) shall collectively be referred to as the “MiChargR Services.” 

You should CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a partial list of some of the terms that MiChargR wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them were defined in this Agreement. 

•       ● You must end your charge by dropping off your Charger and in our Charging Stations. If you fail to do so, including due to your loss of a Charger, you will continue to be charged. The maximum charge for a single trip under such circumstances is $30. For more details, please refer to Section 2.3 below. 
•       ● You must promptly report any damaged or malfunctioning Chargers to MiChargR via the MiChargR App or e-mail. 
•       ● IMPORTANT TERMS SUCH AS DISCLAIMERS, LIMITATIONS OF LIABILITY, AND AN AGREEMENT TO ARBITRATE ARE FOUND IN THE TERMS OF SERVICE WHICH ARE INCORPORATED HEREIN. 

MiChargR expressly agrees to let, and the Renter expressly agrees to take on, rental of the Charger subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in United States dollars. 

1. GENERAL RENTAL AND USE OF CHARGER. 

1.1 Renter is Sole User. MiChargR and the Renter are the only parties to this Agreement. The Renter is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Charger from the location, the Charger must be used only by You. You must not allow others to use a Charger that You have activated from the location. 

1.2 Renter is a Competent Charger Operator. Renter represents and certifies that he/she is familiar with the use of the Charger, is reasonably competent and physically fit to use the Charger and has reviewed the safety materials provided in the MiChargR App and/or MiChargR’s website. By choosing to use a Charger, Renter assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, flood, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to use a Charger. 

1.3 The Charger is the Exclusive Property of MiChargR. Renter agrees that the Charger and any MiChargR equipment attached thereto or used therewith (including charging stations), at all times, remain the exclusive property of MiChargR. You must not dismantle, write on, or otherwise modify, repair, destroy or deface a Charger, any part of a Charger, or other MiChargR equipment in any way. 

1.4 Charger Operating Hours and Charger Availability. Renter agrees and acknowledges that the Chargers are not available 24 hours a day, 7 days/week, 365 days per year. Chargers must be rented during operating hours and within the maximum rental time limits set forth below. The number of Chargers is limited, and Charger availability is never guaranteed. Renter agrees that MiChargR may require Renter to return a Charger at any time. 

1.6 Charger is Intended for Only Limited Types of Use. Renter agrees that he/she will not use the Charger for anything other than charging his/her personal electrical device that is compatible with our Charger. Renter agrees that he/she will not use the Charger for hire or reward, nor use it in violation of any law, ordinance or regulation. 

1.7 No Tampering; No Unauthorized Use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the MiChargR Services other than as specified in this Agreement. 

1.8 Reporting of Damage or Crashes; Traffic Violations and Enforcement. Renter must report any accident, crash, damage, personal injury violation, or stolen or lost Charger to MiChargR as soon as possible. Renter agrees that he/she is responsible and liable for any damages or liabilities of any kind or nature whatsoever related to a stolen or lost Charger. 

1.9 Renter Responsibility for Charger Use and Damage. Renter agrees to return the Charger to MiChargR in the same condition in which it was rented provided that Renter will not be responsible for normal wear and tear. 

1.10 Charger. The Charger requires periodic charging of its battery in order to operate. Renter agrees to use and operate the Charger safely and prudently considering the Charger being an electric Charger and all of the limitations and requirements associated therewith. Renter understands and agrees with each of the following: 

•       ● The level of charge power remaining in the Charger will decrease with use of the Charger, and that as the level of charge power of the Charger decreases, the speed and other operational capabilities of the Charger may decrease. 
•       ● The level of charging power in the Charger at the time Renter initiates the rental or operation of the Charger is not guaranteed and will vary with each rental use. 
•       ● The rate of loss of charging power during the use of the Charger is not guaranteed and will vary with each use. 
•       ● It is Renter’s responsibility to check the level of charge power in the Charger and to ensure that it is adequate for Renter’s needs before initiating operation of the Charger. 
•       ● The distance and/or time that Renter may operate the Charger before it loses charging power is never guaranteed. 
•       ● The Charger may run out of charging power and cease to operate at any time during Renter’s rental of the Charger. 

1.11 No Charging of Charger. If the Charger runs out of charging power during a rental, Renter shall conclude the rental period in compliance with all terms of this Agreement. 

1.12 Mobile Device Requirements and Active Internet Connection. Unless otherwise instructed by MiChargR in writing, to activate MiChargR Services with the MiChargR App, You must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the MiChargR App. Certain functions of the MiChargR App, such as the possibility to register with MiChargR, to unlock, rent and end the rental of the Charger require that the MiChargR App has an active network connection. You are responsible for the availability and costs of Your mobile data communication services. You are also responsible for ensuring that Your mobile device has adequate battery capacity. MiChargR shall not be responsible if You are unable to unlock, use or end the rental period of the Charger as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and MiChargR may charge You all costs (including rental fees) incurred until the Charger has been dropped off and the rental period is ended.

1.13 Assumption of Risk. BY CHOOSING TO CHARGE A CHARGER, RENTER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS, AND RENTER AGREES THAT MICHARGR AND ALL OTHER RELEASED PERSONS (DEFINED BELOW IN SECTION 9) ARE NOT RESPONSIBLE FOR ANY INJURY, DAMAGE, OR COST CAUSED BY RENTER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE CHARGER ITSELF, DIRECTLY OR INDIRECTLY RELATED TO THE CHARGING OF THE CHARGER. 

2. PAYMENT AND FEES. 

2.1 Fees. Renter may use the Charger in accordance with the pricing described in the MiChargR App, which may include a start fee, fees based on time (with time rounded up or down to the nearest hour), and/or a required minimum fee. Generally, we will charge you an amount per specified duration of time (e.g., $2.00/60 minutes) based upon the time that passes between you picking up and returning the portable charger from one of our units. Pricing is subject to change. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by MiChargR. MiChargR will charge the Renter (through credit, debit card or through another agreed payment method) the amount of the fees as described in the MiChargR App and this Agreement, including any recurring payment you choose. 

2.2 Referral and/or Promotional Codes. 

MiChargR may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on MiChargR Services or other features or benefits provided by MiChargR, subject to any additional terms that MiChargR establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by MiChargR; (iii) may be disabled by MiChargR at any time for any reason without liability to MiChargR; (iv) may only be used pursuant to the specific terms that MiChargR establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. MiChargR reserves the right to withhold or deduct credits or other features or benefits obtained using the referral system or Promo Codes by you or any other user in the event that MiChargR determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes. 

2.3 Maximum Rental Time and Charges. The maximum rental time is 72 hours. Renter agrees that Renter will deactivate the Charger rental within 72 hours of renting a Charger. Renter may then rent again. Renter agrees that he/she is solely responsible for being aware of the length of any elapsed rental period time. The maximum charge is $30 and is based on 72 hours from the time of rental. After return of the Charger, Renter will be charged the accumulated rental charges, or the maximum rental time charge, whichever is less. 

Rental time will be calculated from the moment of unlocking the MiChargR through the MiChargR App until the Renter receives the confirmation through the MiChargR App that the rental period has ended. If You end the rental period incorrectly, this may result in the rental period not being terminated. If the rental period is not ended properly, the rental period will continue, and the Renter will continue to be charged. If you have technical issues terminating a rental period for any reason, You should report this to MiChargR through the MiChargR App immediately. Failure to report an issue in terminating a rental period may result in continued charges. 

Chargers not returned (with the rental period concluded) within 72 hours will be considered lost, destroyed or stolen. MiChargR may also charge additional service fees for rentals in excess of 72 hours where the Charger is not lost or stolen. 

2.4 Valid Payment Method. To be registered to use the MiChargR Services, Renter must provide MiChargR with a valid credit, debit card or prepaid card number and expiration date or other valid payment method information. Renter represents and warrants to MiChargR that Renter is authorized to use any credit, debit or prepaid card or other payment method information Renter furnishes to MiChargR. By providing your payment method, You agree that MiChargR is authorized to charge You for your rental period and any other fees incurred by Renter under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes. 

When you provide a payment method or in accordance with MiChargR policies, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. 

In the event MiChargR uses a third-party collection and/or administrative agent to resolve any damages, infringements of law or of this Agreement, fines and/or penalties, Renter agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest. 

If Renter disputes any charge on Renter’s payment method, then Renter must contact MiChargR within 10 business days from the end of the month with the disputed charge and provide to MiChargR all rental information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the rental period associated with the disputed charge. Renter agrees to immediately inform MiChargR of all changes relating to the payment method. If you dispute a charge, the decision to refund rental fees or provide credits with respect to future rentals is in MiChargR’s reasonable, good faith discretion. 

If You have agreed to make automatic or recurring payments, such payments will continue until you cancel, or your account is terminated. You can cancel by following the instructions on the MiChargR App. If you cancel, You may use any remaining balance on your account but may not be able to continue using MiChargR Services until you have reauthorized an applicable payment method. MiChargR may continue to charge your payment method for any additional fees or charges incurred under this Agreement. 

3. ADDITIONAL TERMS OF USE. 

3.1 Safety Check. Before each use of a Charger, Renter shall conduct a basic safety inspection of the Charger, which includes inspecting the following: (i) good condition of the Charger; (ii) sufficient battery charge power; and (iii) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Renter agrees not to rent the Charger if there are any noticeable issues, and to immediately notify customer service to alert MiChargR of any problems. 

3.2 Lost or Stolen Charger. A Charger may be deemed lost or stolen if (a) the Charger is not returned within 72 consecutive hours, (b) the Charger’s GPS unit is disabled, (c) other facts and circumstances that suggest to MiChargR in its reasonable, good faith determination that a Charger has been lost or stolen. MiChargR and You agree that the last Renter of a Charger shall be responsible for a lost or stolen Charger unless facts and circumstances suggest otherwise to MiChargR in its reasonable, good faith determination. If MiChargR deems a Charger lost or stolen, in addition to charging the Renter the maximum daily charge, MiChargR shall have the authority to take any and all other actions it deems appropriate (with respect to the last Renter of a Charger or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages. Renter agrees the data generated by MiChargR’s computer is conclusive evidence of the period of use of a Charger by a Renter. 

3.4 Limitations on Charger Rental. Renter agrees that MiChargR is not a common carrier. MiChargR provides Chargers only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Charger on their own and who have agreed to all terms and conditions of this Agreement. 

4. TERMINATION. At any time and from time to time, and without Renter’s consent, MiChargR may unilaterally terminate Renter’s right to use the MiChargR Services, in MiChargR’s sole discretion and without any notice or cause. Renter may terminate Renter’s use of the MiChargR Services at any time; provided, however, that (i) no refund of prepaid amounts will be provided by MiChargR, (ii) any continued use of the MiChargR Services will be subject to the terms of this Agreement, including subjecting the Renter to additional applicable fees in accordance herewith; and (iii) all terms of this Agreement that by their nature should survive its termination shall continue to remain in effect. 
5. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES. You understand and agree that all personal information that is held by MiChargR and pertains to Renters, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by MiChargR in accordance with its privacy policy located at www.Michargr.com/privacypolicy. 
6. WAIVER AND SEVERABILITY. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 
7. CUMULATIVE REMEDIES. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law. 
8. FINAL AGREEMENT; MODIFICATION BY MICHARGR. This Agreement, which incorporates the Terms of Service [www.michargr.com/termsofservice.] contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. For clarity, terms in the Terms of 

Services are incorporated herein, including without limitation Section 6 (Binding Arbitration and Class Action Waiver), Section 12 (Assumption of Risk), and Section 14 (Limitation of Liability). At any time and from time to time, and without Renter’s consent, MiChargR may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the MiChargR Services after any amendment, modification, or change, Renter has agreed to be bound by all such amendments, modifications, and changes. Renter must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, MiChargR will post a notification on the Website. The pricing set forth on the Website or MiChargR App supersedes all pricing set forth in this Agreement. 

9. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK. 

Indemnification and Advancement of Expenses. The Company shall indemnify and hold harmless the Indemnitee and shall pay to the Indemnitee in advance of the final disposition of any Proceeding all Expenses incurred by the Indemnitee in defending any such Proceeding, to the fullest extent authorized by the DGCL, as the same exists or may hereafter be amended, all on the terms and conditions set forth in this Agreement. Without diminishing the scope of the rights provided by this Section, the rights of the Indemnitee to indemnification and advancement of Expenses provided hereunder shall include but shall not be limited to those rights hereinafter set forth, except that no indemnification or advancement of Expenses shall be paid to the Indemnitee:

Without limiting Your indemnity obligations in the Terms of Service, Renter agrees to fully release, indemnify, and hold harmless MiChargR and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and every property owner or operator with whom MiChargR has contracted to operate MiChargR Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Renter’s use of the MiChargR Services, Chargers, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. 

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to Renter or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the MiChargR Services, including any of the Chargers, placement, equipment, maintenance, related information, this agreement or (b) Renter’s use of any of the foregoing. 

To the fullest extent permitted by law, and as to Renter’s use of any of the MiChargR Services, Chargers, Stations/machines or related equipment, MiChargR and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of MiChargR Services, Chargers, and related equipment are provided “as is” and “as available,”. Renter relies on them at Renter’s own risk. 

Renter is aware that Renter’s use of any of the MiChargR Services, Chargers, Machines/Stations and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Renter or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to: 

•       ● Chargers and other objects. 
•       ● Charger or component malfunction. 
•       ● Weather conditions. 
•       ● Negligent acts or omissions by MiChargR, any other Released Person, Renter, or third party. 

Renter is always solely and fully responsible for the safe operation of Charger. Renter agrees that Chargers are machines that may malfunction, even if the Charger is properly maintained and that such malfunction may cause injury. Renter assumes full and complete responsibility for all related risks, dangers, and hazards. 

To the fullest extent permitted by law, this release and hold harmless agreement includes all Claims related to or arising from the sole or partial negligence of MiChargR or the Released Parties. Renter hereby expressly waives any claims against the Released Parties or any other party which Renter does not know or suspect to exist in his or her favor at the time of use of MiChargR Services, and expressly waives Renter’s rights under any statutes that purport to preserve Renter’s unknown claims. 

Renter ACCEPTANCE OF AGREEMENT 

By clicking “I Agree” or otherwise using a Charger or other MiChargR Services, I certify that I have read and expressly agree to the terms and conditions of this Agreement. I represent and certify that I am familiar with the operation of the Charger and am reasonably competent and physically fit to the rental period of the Charger. 

I certify that I am the Renter, am 18 years of age or older, I will rent at my own risk, and I have read and expressly agreed to the terms and conditions set forth in this Agreement. 

MiChargR may be contacted by emailing [email protected]. 

Term of Use

Rental Agreement – MiChargR Effective Date: June 1, 2022 

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. 

This Rental Agreement (“Agreement”) governs your rental and use of the MiChargR Power bank Chargers (“Charger(s)”) which are provided by Charged Up Mobile LLC. d/b/a MiChargR (“MiChargR,” “We,” or “Our”). MiChargR requires that you (“Renter,” “You,” “you” or “Your”) (acting for all of Renter’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to the terms and conditions in this Agreement prior to renting and/or use any Charger. 

This Agreement incorporates our Terms of Service [include link or hyperlink to Terms of Service] which not only govern Your use of our website, our mobile application (the “MiChargR App”) and other services that are ancillary to Your rental of a Charger, but also set forth additional rights and obligations that are set forth therein and incorporated into this Agreement. MiChargR’s offering of our Chargers as well as all other services provided by MiChargR (including those set forth in the Terms of Use) shall collectively be referred to as the “MiChargR Services.” 

You should CAREFULLY READ all terms and conditions before entering into this Agreement. Here is a partial list of some of the terms that MiChargR wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them were defined in this Agreement. 

•       ● You must end your charge by dropping off your Charger in our Charging Stations. If you fail to do so, including due to your loss of a Charger, you will continue to be charged. The maximum charge for a single trip under such circumstances is $30. For more details, please refer to Section 2.3 below. 
•       ● You must promptly report any damaged or malfunctioning Chargers to MiChargR via the MiChargR App or e-mail. 
•       ● IMPORTANT TERMS SUCH AS DISCLAIMERS, LIMITATIONS OF LIABILITY, AND AN AGREEMENT TO ARBITRATE ARE FOUND IN THE TERMS OF SERVICE WHICH ARE INCORPORATED HEREIN. 

MiChargR expressly agrees to let, and the Renter expressly agrees to take on, rental of the Charger subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in United States dollars. 

1. GENERAL RENTAL AND USE OF CHARGER. 

1.1 Renter is Sole User. MiChargR and the Renter are the only parties to this Agreement. The Renter is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Charger from the location, the Charger must be used only by You. You must not allow others to use a Charger that You have activated from the location. 

1.2 Renter is a Competent Charger Operator. Renter represents and certifies that he/she is familiar with the use of the Charger, is reasonably competent and physically fit to use the Charger and has reviewed the safety materials provided in the MiChargR App and/or MiChargR’s website. By choosing to use a Charger, Renter assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, flood, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to use a Charger. 

1.3 The Charger is the Exclusive Property of MiChargR. Renter agrees that the Charger and any MiChargR equipment attached thereto or used therewith (including charging stations), at all times, remain the exclusive property of MiChargR. You must not dismantle, write on, or otherwise modify, repair, destroy or deface a Charger, any part of a Charger, or other MiChargR equipment in any way. 

1.4 Charger Operating Hours and Charger Availability. Renter agrees and acknowledges that the Chargers are not available 24 hours a day, 7 days/week, 365 days per year. Chargers must be rented during operating hours and within the maximum rental time limits set forth below. The number of Chargers is limited, and Charger availability is never guaranteed. Renter agrees that MiChargR may require Renter to return a Charger at any time. 

1.6 Charger is Intended for Only Limited Types of Use. Renter agrees that he/she will not use the Charger for anything other than charging his/her personal electrical device that is compatible with our Charger. Renter agrees that he/she will not use the Charger for hire or reward, nor use it in violation of any law, ordinance or regulation. 

1.7 No Tampering; No Unauthorized Use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the MiChargR Services other than as specified in this Agreement. 

1.8 Reporting of Damage or Crashes; Traffic Violations and Enforcement. Renter must report any accident, crash, damage, personal injury violation, or stolen or lost Charger to MiChargR as soon as possible. Renter agrees that he/she is responsible and liable for any damages or liabilities of any kind or nature whatsoever related to a stolen or lost Charger. 

1.9 Renter Responsibility for Charger Use and Damage. Renter agrees to return the Charger to MiChargR in the same condition in which it was rented provided that Renter will not be responsible for normal wear and tear. 

1.10 Charger. The Charger requires periodic charging of its battery in order to operate. Renter agrees to use and operate the Charger safely and prudently considering the Charger being an electric Charger and all of the limitations and requirements associated therewith. Renter understands and agrees with each of the following: 

•       ● The level of charge power remaining in the Charger will decrease with use of the Charger, and that as the level of charge power of the Charger decreases, the speed and other operational capabilities of the Charger may decrease. 
•       ● The level of charging power in the Charger at the time Renter initiates the rental or operation of the Charger is not guaranteed and will vary with each rental use. 
•       ● The rate of loss of charging power during the use of the Charger is not guaranteed and will vary with each use. 
•       ● It is Renter’s responsibility to check the level of charge power in the Charger and to ensure that it is adequate for Renter’s needs before initiating operation of the Charger. 
•       ● The distance and/or time that Renter may operate the Charger before it loses charging power is never guaranteed. 
•       ● The Charger may run out of charging power and cease to operate at any time during Renter’s rental of the Charger. 

1.11 No Charging of Charger. If the Charger runs out of charging power during a rental, Renter shall conclude the rental period in compliance with all terms of this Agreement. 

1.12 Mobile Device Requirements and Active Internet Connection. Unless otherwise instructed by MiChargR in writing, to activate MiChargR Services with the MiChargR App, You must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the MiChargR App. Certain functions of the MiChargR App, such as the possibility to register with MiChargR, to unlock, rent and end the rental of the Charger require that the MiChargR App has an active network connection. You are responsible for the availability and costs of Your mobile data communication services. You are also responsible for ensuring that Your mobile device has adequate battery capacity. MiChargR shall not be responsible if You are unable to unlock, use or end the rental period of the Charger as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and MiChargR may charge You all costs (including rental fees) incurred until the Charger has been dropped off and the rental period is ended.

1.13 Assumption of Risk. BY CHOOSING TO CHARGE A CHARGER, RENTER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS, AND RENTER AGREES THAT MICHARGR AND ALL OTHER RELEASED PERSONS (DEFINED BELOW IN SECTION 9) ARE NOT RESPONSIBLE FOR ANY INJURY, DAMAGE, OR COST CAUSED BY RENTER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE CHARGER ITSELF, DIRECTLY OR INDIRECTLY RELATED TO THE CHARGING OF THE CHARGER. 

2. PAYMENT AND FEES. 

2.1 Fees. Renter may use the Charger in accordance with the pricing described in the MiChargR App, which may include a start fee, fees based on time (with time rounded up or down to the nearest hour), and/or a required minimum fee. Generally, we will charge you an amount per specified duration of time (e.g., $1.00/60 minutes) based upon the time that passes between you picking up and returning the portable charger from one of our units. Pricing is subject to change. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by MiChargR. MiChargR will charge the Renter (through credit, debit card or through another agreed payment method) the amount of the fees as described in the MiChargR App and this Agreement, including any recurring payment you choose. 

2.2 Referral and/or Promotional Codes. 

MiChargR may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on MiChargR Services or other features or benefits provided by MiChargR, subject to any additional terms that MiChargR establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by MiChargR; (iii) may be disabled by MiChargR at any time for any reason without liability to MiChargR; (iv) may only be used pursuant to the specific terms that MiChargR establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. MiChargR reserves the right to withhold or deduct credits or other features or benefits obtained using the referral system or Promo Codes by you or any other user in the event that MiChargR determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes. 

2.3 Maximum Rental Time and Charges. The maximum rental time is 72 hours. Renter agrees that Renter will deactivate the Charger rental within 72 hours of renting a Charger. Renter may then rent again. Renter agrees that he/she is solely responsible for being aware of the length of any elapsed rental period time. The maximum charge is $30 and is based on 72 hours from the time of rental. After return of the Charger, Renter will be charged the accumulated rental charges, or the maximum rental time charge, whichever is less. 

Rental time will be calculated from the moment of unlocking the MiChargR through the MiChargR App until the Renter receives the confirmation through the MiChargR App that the rental period has ended. If You end the rental period incorrectly, this may result in the rental period not being terminated. If the rental period is not ended properly, the rental period will continue, and the Renter will continue to be charged. If you have technical issues terminating a rental period for any reason, You should report this to MiChargR through the MiChargR App immediately. Failure to report an issue in terminating a rental period may result in continued charges. 

Chargers not returned (with the rental period concluded) within 72 hours will be considered lost, destroyed or stolen. MiChargR may also charge additional service fees for rentals in excess of 72 hours where the Charger is not lost or stolen. 

2.4 Valid Payment Method. To be registered to use the MiChargR Services, Renter must provide MiChargR with a valid credit, debit card or prepaid card number and expiration date or other valid payment method information. Renter represents and warrants to MiChargR that Renter is authorized to use any credit, debit or prepaid card or other payment method information Renter furnishes to MiChargR. By providing your payment method, You agree that MiChargR is authorized to charge You for your rental period and any other fees incurred by Renter under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes. 

When you provide a payment method or in accordance with MiChargR policies, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. 

In the event MiChargR uses a third-party collection and/or administrative agent to resolve any damages, infringements of law or of this Agreement, fines and/or penalties, Renter agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest. 

If Renter disputes any charge on Renter’s payment method, then Renter must contact MiChargR within 10 business days from the end of the month with the disputed charge and provide to MiChargR all rental information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the rental period associated with the disputed charge. Renter agrees to immediately inform MiChargR of all changes relating to the payment method. If you dispute a charge, the decision to refund rental fees or provide credits with respect to future rentals is in MiChargR’s reasonable, good faith discretion. 

If You have agreed to make automatic or recurring payments, such payments will continue until you cancel, or your account is terminated. You can cancel by following the instructions on the MiChargR App. If you cancel, You may use any remaining balance on your account but may not be able to continue using MiChargR Services until you have reauthorized an applicable payment method. MiChargR may continue to charge your payment method for any additional fees or charges incurred under this Agreement. 

3. ADDITIONAL TERMS OF USE. 

3.1 Safety Check. Before each use of a Charger, Renter shall conduct a basic safety inspection of the Charger, which includes inspecting the following: (i) good condition of the Charger; (ii) sufficient battery charge power; and (iii) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Renter agrees not to rent the Charger if there are any noticeable issues, and to immediately notify customer service to alert MiChargR of any problems. 

3.2 Lost or Stolen Charger. A Charger may be deemed lost or stolen if (a) the Charger is not returned within 72 consecutive hours, (b) the Charger’s GPS unit is disabled, (c) other facts and circumstances that suggest to MiChargR in its reasonable, good faith determination that a Charger has been lost or stolen. MiChargR and You agree that the last Renter of a Charger shall be responsible for a lost or stolen Charger unless facts and circumstances suggest otherwise to MiChargR in its reasonable, good faith determination. If MiChargR deems a Charger lost or stolen, in addition to charging the Renter the maximum daily charge, MiChargR shall have the authority to take any and all other actions it deems appropriate (with respect to the last Renter of a Charger or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages. Renter agrees the data generated by MiChargR’s computer is conclusive evidence of the period of use of a Charger by a Renter. 

3.4 Limitations on Charger Rental. Renter agrees that MiChargR is not a common carrier. MiChargR provides Chargers only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Charger on their own and who have agreed to all terms and conditions of this Agreement. 

4. TERMINATION. At any time and from time to time, and without Renter’s consent, MiChargR may unilaterally terminate Renter’s right to use the MiChargR Services, in MiChargR’s sole discretion and without any notice or cause. Renter may terminate Renter’s use of the MiChargR Services at any time; provided, however, that (i) no refund of prepaid amounts will be provided by MiChargR, (ii) any continued use of the MiChargR Services will be subject to the terms of this Agreement, including subjecting the Renter to additional applicable fees in accordance herewith; and (iii) all terms of this Agreement that by their nature should survive its termination shall continue to remain in effect. 
5. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES. You understand and agree that all personal information that is held by MiChargR and pertains to Renters, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by MiChargR in accordance with its privacy policy located at www.Michargr.com/privacypolicy. 
6. WAIVER AND SEVERABILITY. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 
7. CUMULATIVE REMEDIES. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law. 
8. FINAL AGREEMENT; MODIFICATION BY MICHARGR. This Agreement, which incorporates the Terms of Service [www.michargr.com/termsofservice.] contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. For clarity, terms in the Terms of 

Services are incorporated herein, including without limitation Section 6 (Binding Arbitration and Class Action Waiver), Section 12 (Assumption of Risk), and Section 14 (Limitation of Liability). At any time and from time to time, and without Renter’s consent, MiChargR may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the MiChargR Services after any amendment, modification, or change, Renter has agreed to be bound by all such amendments, modifications, and changes. Renter must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, MiChargR will post a notification on the Website. The pricing set forth on the Website or MiChargR App supersedes all pricing set forth in this Agreement. 

9. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK. 

Indemnification and Advancement of Expenses. The Company shall indemnify and hold harmless the Indemnitee and shall pay to the Indemnitee in advance of the final disposition of any Proceeding all Expenses incurred by the Indemnitee in defending any such Proceeding, to the fullest extent authorized by the DGCL, as the same exists or may hereafter be amended, all on the terms and conditions set forth in this Agreement. Without diminishing the scope of the rights provided by this Section, the rights of the Indemnitee to indemnification and advancement of Expenses provided hereunder shall include but shall not be limited to those rights hereinafter set forth, except that no indemnification or advancement of Expenses shall be paid to the Indemnitee:

Without limiting Your indemnity obligations in the Terms of Service, Renter agrees to fully release, indemnify, and hold harmless MiChargR and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and every property owner or operator with whom MiChargR has contracted to operate MiChargR Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Renter’s use of the MiChargR Services, Chargers, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. 

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to Renter or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the MiChargR Services, including any of the Chargers, placement, equipment, maintenance, related information, this agreement or (b) Renter’s use of any of the foregoing. 

To the fullest extent permitted by law, and as to Renter’s use of any of the MiChargR Services, Chargers, Stations/machines or related equipment, MiChargR and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of MiChargR Services, Chargers, and related equipment are provided “as is” and “as available,”. Renter relies on them at Renter’s own risk. 

Renter is aware that Renter’s use of any of the MiChargR Services, Chargers, Machines/Stations and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Renter or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to: 

•       ● Chargers and other objects. 
•       ● Charger or component malfunction. 
•       ● Weather conditions. 
•       ● Negligent acts or omissions by MiChargR, any other Released Person, Renter, or third party. 

Renter is always solely and fully responsible for the safe operation of Charger. Renter agrees that Chargers are machines that may malfunction, even if the Charger is properly maintained and that such malfunction may cause injury. Renter assumes full and complete responsibility for all related risks, dangers, and hazards. 

To the fullest extent permitted by law, this release and hold harmless agreement includes all Claims related to or arising from the sole or partial negligence of MiChargR or the Released Parties. Renter hereby expressly waives any claims against the Released Parties or any other party which Renter does not know or suspect to exist in his or her favor at the time of use of MiChargR Services, and expressly waives Renter’s rights under any statutes that purport to preserve Renter’s unknown claims. 

Renter ACCEPTANCE OF AGREEMENT 

By clicking “I Agree” or otherwise using a Charger or other MiChargR Services, I certify that I have read and expressly agree to the terms and conditions of this Agreement. I represent and certify that I am familiar with the operation of the Charger and am reasonably competent and physically fit to the rental period of the Charger. 

I certify that I am the Renter, am 18 years of age or older, I will rent at my own risk, and I have read and expressly agreed to the terms and conditions set forth in this Agreement. 

MiChargR may be contacted by emailing [email protected].