BEFORE ACCESSING OR BEGINNING TO USE THE SERVICES, PLEASE READ THESE TERMS CAREFULLY.

Contractual Relationship

These Terms of Use (“Terms”) govern your access to or use of the services, including the application, websites, content, products, and services (“Services”) provided by Baterio Sp. z o.o. (“Company”), by you, an individual from any country in the world.

Your access to and use of the Services constitutes your agreement to be bound by these Terms, establishing a contractual relationship between you and the Company. If you do not agree to these Terms, you may not access or use the Services. These Terms explicitly replace any prior agreements or understandings with you. The Company may immediately terminate these Terms or any Services concerning you or generally cease offering or refuse access to the Services or any part of them at any time and for any reason.

Additional terms may apply to certain Services, such as rules related to specific events, activities, or promotions, and such additional terms will be disclosed to you in connection with the relevant Services. Additional terms are an addition to these Terms and will be considered part of these Terms for the relevant Services. In case of conflict between these Terms and additional terms, the additional terms will prevail.

Baterio Sp. z o.o. may change the Terms of the Services from time to time. Changes will apply after the Company publishes the updated Terms here or changes any supplementary rules or conditions in the relevant Service. Your continued access to or use of the Services after the publication of such Terms constitutes your agreement to be bound by the modified Terms.

The collection and use of your personal data in connection with the Services is done in accordance with the Company’s Privacy Policy. The Company may provide necessary information (including your contact details) to a claims handler or insurer if there is a complaint, dispute, or conflict that may involve an accident involving you and a third party, and such information or data is necessary to resolve the complaint, dispute, or conflict.

Services

The Services provide a technology platform that allows users of the Company’s mobile application or websites made available through the Services (each an “Application”) to rent public portable chargers (“Powerbanks”), including internet services for renting portable chargers (“Powerbank”). Unless otherwise agreed in a separate written agreement with you, the Services are provided solely for your personal, non-commercial use.

(1) License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable, non-sub-licensable license to: (I) access and use the Application on your personal device solely in connection with the use of the Services; and (II) access and use any content, information, and related materials that may be made available through the Services, solely for your personal, non-commercial use. All rights not expressly granted in this document are reserved by the Company and its licensors.

(2) Restrictions

You may not: (I) remove any copyright, trademark, or other proprietary notices from any part of the Services; (II) reproduce, modify, prepare derivative works based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise use the Services except as expressly permitted by the Company; (III) decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law; (IV) merge, copy, or create frames around any part of the Services; (V) cause or run any programs or scripts for scraping, indexing, analyzing, or otherwise exploring data from any part of the Services or excessively load or hinder the operation and/or functionality of any aspect of the Services; or (VI) attempt to gain unauthorized access to or impair any aspect of the Services or related systems or networks.

(3) Provision of Services

The user acknowledges that some Services may be provided under different brands of the Company or upon request as options related to public portable chargers (“Powerbank”), including brands offering transportation services currently referred to as “Company.”

(4) Third-Party Services

The Services may be provided or available in connection with third-party services and content (including advertisements) over which the Company has no control. The user acknowledges that using such third-party services and content may be subject to different terms of use and privacy policies. The Company does not endorse such third-party services and content, and under no circumstances is the Company liable for any products or services of such external providers. Additionally, Apple Inc., Google, Inc., and/or their respective international affiliates and associated entities will be third-party beneficiaries of this agreement if you access the Services using applications developed for Apple iOS and Android mobile devices. These third-party beneficiaries are not parties to this agreement and are not responsible for providing or supporting the Services in any way. Access to the Services via these devices is subject to the terms of service of the respective third-party beneficiary.

(5) Ownership

The Services and all rights to them are and will remain the exclusive property of Baterio Sp. z o.o. or the Company’s licensors. Neither these Terms nor your use of the Services grants you any rights: (I) in the Services or any related items except for the limited license granted above; or (II) to use or reference in any way the Company’s business names, logos, product and service names, trademarks, or service marks or those of the Company’s licensors.

(6) Maintenance

The Company is responsible for the daily operation, maintenance, and repair of the portable chargers. However, this does not mean that the Company is obligated to ensure that all available portable chargers are in working condition at all times. The user should confirm the integrity of components, performance, and familiarize themselves with the operation of the portable charger and safety devices before using it.

If the user finds that the portable charger is broken, they should cancel the reservation or stop using it and inform the Company of the issue. If the user ignores a broken portable charger and continues to use it, they will be responsible for their actions.

Your Use of the Services

(1) User Accounts

To use most aspects of the Services, you must register and maintain an active personal user account (“Account”). A profile page will be made available to allow you to update personal details such as your name, email address, and mobile phone number. You agree to maintain accurate, complete, and up-to-date information on your Account. Failure to maintain accurate, complete, and up-to-date information on your Account may result in an inability to access or use the Services or the termination of these Terms by the Company. You are responsible for all actions taken on your Account and agree to keep your username and password secure and confidential at all times. Unless the Company allows otherwise in writing, you may only have one Account.

(2) User Requirements and Behavior

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to another person or entity. You agree to comply with all applicable laws when using the Services and may only use the Services for lawful purposes. You will not cause inconvenience, irritation, or damage to property, or any other party, by using the Services. In some cases, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

You may not: (I) transmit, upload, or post any defamatory, libelous, hateful, violent, obscene, pornographic, illegal, or otherwise offensive content; (II) post any commercial or non-commercial advertisements without prior consent from the Company; (III) infringe upon the rights of others, including, without limitation, intellectual property rights.

(3) Text Messages

By creating an Account, you agree that the Services may send you informational text messages (SMS) as part of normal business operations related to using the Services. For questions about receiving text messages (SMS) from the Company, you can contact the Company at contact@baterio.app. You acknowledge that opting out of receiving text messages (SMS) may affect your use of the Services.

(4) Promo Codes

The Company may, at its sole discretion, create promo codes that may be redeemed for account credit or other features or benefits related to the Services, subject to any additional terms the Company sets for each promo code (“Promo Codes”). You agree that Promo Codes: (I) must be used in accordance with the intended audience and purpose and in a lawful manner; (II) may not be duplicated, sold, or transferred in any way or made available to the public unless expressly authorized by the Company; (III) may be deactivated by the Company at any time for any reason without liability to the Company; (IV) may only be used in accordance with the specific terms set by the Company for that Promo Code; (V) are not redeemable for cash; and (VI) may expire before you use them. The Company reserves the right to suspend or deduct funds or other features or benefits obtained through Promo Codes by you or any other user if the Company determines or believes that the use or redemption of the Promo Code was due to error, fraud, was unlawful, or violated the applicable Promo Code terms or these Terms.

(5) Network and Device Access

You are responsible for obtaining access to the data network necessary to use the Services. Data and messaging rates of your mobile network may apply if you access or use the Services from a wireless-enabled device, and you will be responsible for such charges. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application, including any updates. The Company does not guarantee that the Services or any part of them will work on any particular hardware or devices. Additionally, the Services may be subject to failures and delays inherent in using the Internet and electronic communication.

How the System Works

The rental period of the portable charger (“Powerbank”) by the user begins when the portable charger is unlocked via the mobile app. The rental period ends when the portable charger is returned. Additional charges will apply if the portable charger is not returned.

Payment

You understand that using the Services may result in charges for the services received (“Fees”). After receiving services through the Service, the Company will facilitate your payment of the applicable Fees. The Fees will include applicable taxes as required by law.

A security deposit is charged to your payment card during the registration process and is paid to the Company on the date the account is opened.

The security deposit is refundable. The refund will be processed within 1–14 days.

You must top up, also referred to as recharging, before starting to use the Services. All Fees are due immediately, and payment will be deducted from your Account balance. You may not transfer your credit to other users. The expiration date of your credit will be set according to the Company’s policy. The Company may from time to time offer certain users promotional offers and discounts, which may result in different amounts being charged for the same or similar services or goods obtained through the Services, and you agree that such promotional offers and discounts, unless also offered to you, will not affect your use of the Services or the Fees charged to you.

Restrictions and Other Terms of Portable Charger Use

Statements and Warranties

As a condition precedent to the Company’s agreement to allow the User to participate in the Program and rent a portable charger, the User represents and warrants to the Company that:

The User meets the requirements: (1) in accordance with local laws; (2) the User has experience and is knowledgeable in the safe and competent use of portable chargers.

The User is familiar with all applicable local and county regulations, codes, and laws concerning the safe and lawful use of portable chargers.

Acknowledgements and Agreements

As a condition precedent to the Company’s agreement to allow the User to participate in the Program and rent a portable charger, the User acknowledges and agrees with the following provisions:

The User is fully aware that using the portable charger involves the risk of accidents due to contact with water, exposure to fire, and disassembling the portable charger, and therefore must exercise special caution to avoid such accidents.

The User assumes exclusive responsibility for handling and using the portable charger carefully and competently.

All portable chargers are and will remain the exclusive property of the Company or the company providing portable chargers and the Company’s rights.

The Company is not obligated to provide insurance of any kind to the User or for the User’s use of the portable charger, and should the Company, at its discretion, purchase insurance, the User will still be responsible for any legal liability, property damage, bodily injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind.

If the User causes damage to property or injury to another person while handling or possessing the portable charger, the User will bear exclusive responsibility for such damage or injury.

The User is obligated to return the portable charger to the Company in the same condition in which it was received.

The User is responsible for any damages resulting from improper use or abuse of the portable charger and the costs of such damages.

The Company provides the portable charger for the convenience of the user, and the rental option is available solely to individuals who have agreed to all the terms of this Agreement.

Requirements

The condition precedent for the Company’s consent to allow the User to participate in the Program and rent a portable charger is the User performing the following actions during each use of the portable charger (“User Requirements”):

Before use, the User must thoroughly check the portable charger they wish to rent to ensure it is in good technical condition.

Before beginning to use the charger for its intended purpose, the User must check its components, including the portable charger and charging cable.

In case of any damage, faults, or need for repair of the portable charger, the User must immediately notify the Company’s customer service.

In case of theft of the portable charger or an accident during the User’s use of the portable charger that results in bodily injury, the User must immediately contact the Company and local Police.

Dispute Resolution

The User agrees that the Company, at its sole discretion, may refer any disputes arising from or related to this Agreement, the User’s use of the Company’s Equipment, including portable chargers and/or the Company’s website, to the courts of the local jurisdiction. This Agreement will be governed by the laws of the local jurisdiction, without regard to conflict of laws provisions.

Indemnification

The User agrees to indemnify, defend, and hold the Company and its directors, employees, and agents harmless from any claims arising from or related to this Agreement, including but not limited to, the User’s breach of any representations, warranties, or covenants set forth in this Agreement and the rental, maintenance, design, use, or operation of the portable charger and/or the Company’s website, even if caused in whole or in part by the negligence of the Company and/or the negligence of others, whether currently known or unknown. At the Company’s discretion, the User will assume control of the defense and resolution of any Claims subject to indemnification by the User (provided that, in such case, the Company may at any time decide to take over the defense and resolution of such Claims). Under no circumstances may the User settle any Claim without the prior written consent of the Company.

Assignment

The Company may assign its rights and obligations under this Agreement to any party at any time without notifying the User.

No Waiver

The Company’s failure to enforce strict performance of any provision of this Agreement or the failure to do so will not be interpreted as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any part of this Agreement. No waiver by the Company will be construed as a waiver of any proceeding or subsequent breach of any provision of this Agreement.

Termination of Agreement

The Company may terminate this Agreement at any time, without cause, legal action, or notice to the User, and the User’s use of the System is at the Company’s discretion. The User waives any claims, actions, expenses, and/or compensations related and/or connected to such termination. The User will not be entitled to a refund for any unused rental periods if this Agreement is terminated with cause. The User may terminate their rental plan at any time; however, the Company will not provide a refund for time already used by the User.

Survival

All provisions of this Agreement regarding limitation and exclusion of liability, waivers, assumption of risk, warranties, and indemnification obligations remain in effect after termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement remain due and payable.

Data Protection

You consent to the Company’s use and processing of your Personal Data for the purposes and in the manner set forth below.

For the purposes of this Agreement, “Personal Data” means information about you that can identify you, including but not limited to your name, ID number, birth certificate number, passport number, nationality, address, phone number, credit or debit card information, race, gender, birth date, email address, any information about you provided to the Company in registration forms, application forms, or other similar forms, and/or any information about you that has been or may be collected, stored, used, and processed by the Company from time to time, including sensitive personal data such as health data, religious beliefs, or other similar beliefs.

Providing your Personal Data is voluntary. However, if you do not provide the Company with your Personal Data, your request for the Application may be incomplete, and the Company will not be able to process your Personal Data for the purposes set forth below, which may prevent the Company from allowing you to use the Service.

The Company may use and process your Personal Data in connection with the Company’s activities and actions, including, but not limited to, the following purposes (“Purpose”):

To fulfill the Company’s obligations under the agreement with you;

To provide you with services in accordance with these Terms of Use;

To process information about your participation in events, promotions, activities, focus groups, research, contests, surveys, or any productions and communicate with you regarding your participation;

To process, manage, and verify your application to use the Service in accordance with these Terms of Use;

To verify and/or process payments in accordance with these Terms of Use;

To develop, improve, and deliver what is required under the Terms of Use, to meet your needs;

To process any refunds, discounts, and/or charges in accordance with these Terms of Use;

To facilitate or enable any controls that may be required under these Terms of Use;

To respond to your questions, comments, and feedback;

To communicate with you for any purpose listed in this document;

For internal administrative purposes, such as audits, data analysis, database records;

To detect, prevent, and pursue criminal activities;

To enable the Company to comply with its legal obligations;

To send you alerts, newsletter updates, mailings, promotional materials, special privileges, holiday greetings from the Company, its partners, advertisers, and/or sponsors;

To notify you and invite you to events or activities organized by the Company, its partners, advertisers, and/or sponsors; and/or

To share your Personal Data with the Company’s group companies, including subsidiaries, affiliated companies, and/or entities jointly controlled by the holding company group (“Group”), as well as the Company’s and Group’s agents, external suppliers, developers, advertisers, partners, event organizers, or sponsors, who may communicate with you for any reason.

If you do not consent to the Company processing your Personal Data for any Purpose, notify the Company using the contact details provided in the Application.

If any Personal Data you provided to us changes, such as if you change your email address, phone number, payment details, or if you wish to cancel your account, please update your information by sending a request to the support department contact details provided in the Application.

By submitting your data to the Company, you consent to its use in accordance with the submission form and Terms of Use.

Interactions with Third Parties

While using the Service, you may correspond, purchase goods and/or services from, or participate in promotions of third-party suppliers, advertisers, or sponsors presenting their goods and/or services through the Service, Software, and/or Application. Any such activities and any terms, warranties, or representations associated with such activities are solely between you and the third party. The Company and its licensors are not liable for any such correspondence, purchase, transaction, or promotion between you and the third party. The Group does not endorse any applications or websites that are linked through the Service, Application, and/or Software, and under no circumstances will the Company, its licensors, or Group be liable for any content, products, services, or other materials on or available through such sites or external suppliers. The Company provides the Service in accordance with the Terms of Use. However, the User acknowledges that some external service providers for transportation, goods, and/or services may require the User to accept additional or different Terms of Use before beginning to use such goods or services or gaining access to them, and the Company is not a party to such agreements made between the User and external suppliers and disclaims any liability arising from them.

The Company may rely on third-party advertising and marketing provided through the Service and other mechanisms to fund the Service and/or generate additional revenue. By agreeing to the Terms of Use, you agree to receive such advertising and marketing. If you do not wish to receive such advertising, you should notify us in writing or in accordance with the procedure specified by the Company. The Company reserves the right to charge a higher fee for the Service or refuse to provide it if you decide not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website at https://baterio.app. You agree and permit the Company to collect and share information about you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in any actions and interactions with any external transportation service providers, other external service providers, advertisers, and/or sponsors with whom you interact through the Service and/or advertising or marketing materials provided through the Service.

Customer Support

If you encounter any issues with using the powerbank, you can report them through the application by clicking on customer support. We encourage you to submit feedback. Additionally, you can contact us via email at contact@baterio.app.

Disclaimers; Limitation of Liability; Indemnification

(1) Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET FORTH IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, QUALITY, FITNESS, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT ALL RISKS ARISING FROM YOUR USE OF THE SERVICES AND ANY SERVICES OR GOODS ORDERED IN CONNECTION WITH THEM ARE YOURS ALONE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

(2) Limitation of Liability

THE COMPANY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EXCEPT FOR DAMAGES CAUSED SOLELY BY THE COMPANY’S FAULT. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES, LIABILITIES, OR LOSSES ARISING OUT OF THE USE OF THE SERVICES OR RELIANCE UPON THEM, OR FAILURE TO GAIN ACCESS TO OR USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY IS NOT LIABLE FOR DELAYS OR FAILURE TO PERFORM DUE TO CAUSES BEYOND THE COMPANY’S CONTROL.

THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION 6 ARE NOT INTENDED TO LIMIT LIABILITY OR MODIFY CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

(3) Indemnification

You agree to protect, defend, and hold harmless the Company and its directors, employees, and agents from any claims, demands, losses, liabilities, and expenses (including legal fees) arising from or related to: (i) your use of the Services or services or goods obtained through the Services; (ii) your breach of any of these Terms; (iii) your violation of third-party rights, including those of individuals injured in accidents.

Governing Law; Arbitration

Except as otherwise specified in these Terms, they are governed solely by the laws of the local jurisdiction and will be interpreted accordingly.

Miscellaneous Provisions

(1) Notices

The Company may notify you through a general notice in the Services or via text messages (SMS). You may notify the Company by sending an email to contact@baterio.app.

(2) General

You may not assign or transfer these Terms, in whole or in part, without the prior written consent of the Company. You consent to the Company’s assignment or transfer of these Terms, in whole or in part, including to: (I) a subsidiary or affiliate; (II) a purchaser of the Company’s capital, business, or assets; or (III) a legal successor by merger. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or your use of the Services.

If any provision of these Terms is deemed unlawful, void, or unenforceable, in whole or in part, under any law, such provision or part thereof will be considered severable from these Terms, but the legality, validity, and enforceability of the remaining provisions of these Terms will not be affected. In such cases, the parties will replace the unlawful, void, or unenforceable provision or part thereof with a lawful, valid, and enforceable provision or part thereof that, to the maximum extent possible, has the same effect as the unlawful, void, or unenforceable provision or part thereof, considering the content and purpose of these Terms. These Terms represent the entire agreement and understanding between the parties concerning their subject matter and supersede and replace any prior or contemporaneous agreements or obligations concerning such subject matter. In these Terms, the terms “including” and “include” mean “including, but not limited to.”

This Privacy Policy was last updated on March 28, 2025.