Last Updated: November 21, 2024

‍IMPORTANT: THESE TERMS REQUIRE ALL DISPUTES TO GO THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF A GOVERNMENT COURT. THAT MEANS YOU WAIVE ANY RIGHT TO HAVE DISPUTES DECIDED (1) BY A JUDGE OR JURY AND (2) IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION. SEE SECTION 8 TO LEARN MORE.

These Terms of Service (“Terms”) govern the following services provided by Fuze Technology Inc. (“Fuze” or “our”):

• Services. Our “Services” include our mobile application titled chargeFUZE available on Apple’s App Store and Google Play (“App”, which term is inclusive of all updates and future versions), our website: https://chargefuze.com, and our overall technology platform, as well as the provision of your Account (as defined below) and any communications between us (“Services”).
• Rentals. The Services facilitate the temporary rental of portable chargers intended for usage with portable devices (“Chargers”) from physical chargeFUZE installations situated at various locations (“Stations”), either on a paid basis or under special terms and conditions (collectively, “Rentals”).
    – Payments. Paid Rentals are priced using the pricing information specified by the Services at the time a Rental begins. See Sections 1 and 2 to learn more.
   – Risks. Rentals require you to assume risks, understand limits and meet conditions. Any decision to make a Rental is in your sole discretion. See Section 1(c) to learn more.

These Terms are a legal agreement between you (“you”) and Fuze.  You must be 18 or older to use the Services.  These Terms incorporate our Privacy Policy and any other policies or guidelines we make available to you through the Services.  

By using the Services or initiating a Rental, you agree to these Terms.  If you do not agree to these Terms, do not use the Services. 

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1.Rentals

(a) Starting a Rental. Depending on your location and the Station types nearby, you may be able to initiate a Rental in the following ways:

(i) App. You may initiate a Rental by logging into your Account from our App, selecting the Station at your present location, and initiating a Rental. Pricing is displayed on the App at the time you initiate a Rental.

(ii) Text. You may initiate a Rental by texting the Services using the number displayed on a Station. As noted on our Stations adjacent to the text-to-rent number, by texting us, you consent to allow us to text you to complete the Rental, such as texting you information about pricing and notifications about deadlines to return the Rental. You may opt out of receiving text message communications from Fuze at any time by following the instructions listed in the “Your Rights” Section of our Privacy Policy.

(iii) Credit Card. Certain Stations allow you to initiate a Rental by inserting a payment card into the Station. Pricing is displayed on the Station at the time you initiate a Rental.

(b) Pricing & Fees

(i) Rental Pricing. Rentals are priced at the cost that the Services quote to you at the time of your Rental via the App (“Pricing”). Pricing varies based on the location and Station of the Rental. You will always be notified of Pricing before you initiate a Rental. You will not incur any costs until you initiate a Rental.

(A) Currency. Prices may be quoted in United States dollars ($) or in your local currency (where applicable), but you will not be charged any additional fee by Fuze for it converting your payment into USD (although, if you are charged in USD in a foreign jurisdiction, you may be charged by your financial services provider for credit card or other fees, which shall be borne entirely by you). Where we use or make reference to USD in these Terms (or in our App), those amounts apply to you as converted into your local currency at the time a price or fee is offered or charged.

(B) Variability. As of the Last Updated date above, the maximum amount you will be charged in respect of a completed Rental is $50, unless: (x) otherwise notified to you through a Station screen or our App; and/or (y) a Loss Fee is payable.

(C) Maximum Price for Rental. As of the Last Updated date above, the maximum amount you will be charged in respect of a completed Rental is $50.

(ii) Loss Fee. In addition to the applicable Pricing, you may also be charged a one-time Loss Fee if you (1) rent a Charger and fail to return it to a Station within the maximum Rental period (generally, 48 hours, unless otherwise notified to you via a Station screen or our App) (“Maximum Rental Period”); or (2) permanently damage a Charger.

(A) The applicable Loss Fee for your Rental will be notified to you by the Services at or about the same time as your applicable Pricing, but before you initiate a Rental.  However, if no Loss Fee is specified at the time of your Rental, the Loss Fee will be $50.

(B) Loss Fees due to failure to return a Rental are typically assessed within one week upon the conclusion of the Maximum Rental Period and are charged to your Account thereafter. Loss Fees due to permanent damage, as determined in our sole discretion, may be assessed as many as sixty (60) days after you initiate a Rental.

(C) You acknowledge and agree that the applicable Loss Fee is reasonably necessary to protect the legitimate business (and commercial) interests of Fuze, and that the applicable Loss Fee is a genuine pre-estimate of loss likely to be suffered by Fuze in the event a Charger is failed to be returned within the Maximum Rental Period, or if the Charger is permanently damaged.

(iii) Pricing Changes. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to set Pricing on a fixed-fee basis, or otherwise adjust the maximum limit or Loss Fee payable, at anytime, but prior to you initiating a Rental (“Pricing Change”). Any such Pricing Change and other related terms will be presented to you by the Services at the time you initiate a Rental. You acknowledge that this Section 1(b)(iii) is reasonably necessary to protect the legitimate commercial interests of Fuze, including but not limited to, Fuze’s ability to provide the Chargers, and the Services.

(iv) Promo Codes. Fuze may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on Rentals or other features or benefits provided by Fuze, subject to any additional terms that Fuze establishes and notifies to you. 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 Fuze; (iii) may be disabled by Fuze at any time for any reason without liability to Fuze; (iv) may only be used pursuant to the specific terms that Fuze establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; (vii) may expire prior to your use and (viii): do not create, or convey, any type of property right or interest. Fuze reserves the right to withdraw Promo Codes held by you or withhold or deduct any discounts or credits enabled by Promo Codes, with respect to any Promo Codes issued in genuine error or used in any fraudulent, illegal, or other manner in violation of these Terms or specific terms applicable to such Promo Codes.

(c) Conditions of Rental.

(i) Qualified users only. Fuze is not a common carrier. We provide Chargers only as a convenience.  Chargers are only available for Rental to individuals age 18 or older who are able and qualified to operate a Charger on their own and who have agreed to all terms and conditions of these Terms. By using our Services, and initiating a Rental, you acknowledge and represent that you are capable of using a Charger.

(ii) Limits on use. You represent and certify that you have reviewed the following limitations and the safety materials provided in the App and/or on the Services, and are reasonably competent and physically fit to use the Charger.

(A) By initiating a Rental and choosing to use a Charger, you assume all responsibilities and risks for any harm, damage, injuries or medical conditions (whether physical, emotional or psychological) that may arise from the use of, or interaction with, a Charger.

(B) You are solely responsible for determining whether conditions and applicable circumstances, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it safe to use a Charger..

(C) You must not use the Charger for anything other than charging the battery in your portable electrical device.

(D) You are solely responsible for determining whether your device is compatible with our Charger.

(E) You must not use the Charger for hire or reward, nor use it in violation of any law, ordinance or regulation.

(F) You must report any accident, crash, damage, personal injury violation, or stolen or lost Charger to us as soon as you can.

(G) You must use the Charger in a manner that is safe and non-hazardous to you, or other third-parties.

(iii) Duty to inspect. Before each use of a Charger, you agree to conduct a basic safety inspection of the Charger immediately, 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. You agree to immediately return a Charger if it has any noticeable issues, and to immediately notify customer service to alert Fuze of any problems.

(iv) Charger functionality. You agree to use and operate the Charger safely and prudently in light of the Charger being an electric Charger and all the limitations and requirements associated therewith. You understand and agree that:

(A) Chargers are batteries which deplete with use;

(B) as the Charger battery depletes, the charging rate and other operational capabilities of the Charger may decrease;

(C) The level of charging power in the Charger at the time of Rental is not guaranteed and will vary with each Rental;

(D) The amount of time a Charger can be used before it ceases to supply electricity to a portable device is never guaranteed; and

(E) A Charger may fully deplete and cease to operate at any time during a Rental.

(v) Assumption of risk. You are solely and fully responsible for the safe operation of the Charger at all times.  You understand that Chargers are machines that may malfunction, even if the Charger is properly maintained and that any such malfunction may injure you or any other person using the Charger.  You assume full and complete responsibility for all related risks, dangers, and hazards, whether foreseeable or unforeseeable, in connection with your use of the Charger.

(vi) Proposition 65 Notice. WARNING: Chargers and Stations can expose you to chemicals including chromium, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to: http://www.p65warnings.ca.gov.

2. Payments

(a) Payment methods. You may be required to provide Fuze with a valid credit card, debit card, or other payment account (“Payment Method”) to use certain Services, including Rentals.  When you add a Payment Method to your Account, you will be asked to provide customary billing information.  You must provide accurate, current, and complete information when adding a Payment Method and it is your obligation to keep your Payment Method up-to-date at all times.  All billing information is collected, stored and used in accordance with our Privacy Policy.

(b) Authority. You represent and warrant to Fuze that you are authorized to use any Payment Method you furnish to Fuze.  You authorize Fuze to charge the Payment Method for all fees incurred by you with respect to Rental Services (or other services offered by Fuze from time to time), including applicable sales, use, VAT/GST and other local government charges.

(c) Preauthorization. We preauthorize a $10 charge to your payment method at the time you begin a Rental. By beginning a Rental, you authorize us to charge such preauthorization amount to your Payment Method. This charge will be voided, and a charge for the actual cost of your Rental will be made, promptly upon the return of your Rental to a Station.

(d) Disputed charges. If you dispute any charge on your Account, you must contact Fuze within ten (10) business days from the end of the month within which the disputed charge occurred, and provide to Fuze any Rental information that is incorrect, inaccurate or otherwise necessary to identify the disputed charge, such as the date and the approximate starting and ending times of the use associated with the disputed charge.

(e) Payment processors. Fuze uses third party payment processors to facilitate processing of payments in connection with our Services.  Any such third party service providers are Third Party Platforms (defined below) under these Terms.  Accordingly, you may be required to agree to any terms and conditions of such third party payment processors, as communicated to you from time to time. We encourage you to review the terms and conditions, and privacy policies, of each Third Party Platforms.

3. Access, License And Use.

(a) Fuze grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Services and its Content (defined below), in accordance with the terms herein. This license does not include any resale or commercial use of the Services and Content; any derivative use of the Services or Content; or any downloading or copying of user account information. Unless otherwise indicated, all rights subsisting within our Services are owned and/or controlled by us (or our licensors). Further, this license does not include the right to use, or allow, enable or knowingly condone any other person, company, or other entity to use, the Services and/or Content to do or attempt to do any of the following, for any reason:

(i) violate any applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties, or Fuze’s rights or the rights of any other person, company, or other entity;

(ii) use any robots, spiders, cookies, or similar automated data gathering and extraction tools to scrape, harvest, or mine the Services or the Content;

(iii) use any malicious or unauthorized code (e.g., viruses, time bombs, cancel bots, worms, trojan horses, spyware) or other potentially harmful material in any way to interrupt, damage, interfere with, destroy, or limit the functionality of the Services;

(iv) use the Services or Content for purposes of training any machine learning, learning language model, adversarial neural network or artificial intelligence (AI) or similar technologies now known or hereafter devised, including, without limitation, technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use, or otherwise;

(v) translate, reverse engineer, decompile, derive, modify, create derivative works or disassemble our Services or the content within them;

(vi) gain unauthorized use of the Services, or use the Services or Content in any manner which violates or is inconsistent with the provisions or spirit of these Terms.

1. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, or otherwise exploited for any purpose without Fuze’s express written consent.  Any unauthorized use, including engaging in or permitting any of the foregoing restricted activities, constitutes a material breach of these Terms, automatically terminates the permissions and/or licenses granted by us to you, and may constitute a violation of applicable law.

(b) Accounts. To enable certain features of the Services, you must register an account with us (an “Account”). For example, with limited exceptions, Rentals require an Account. The following rules apply to creating and use your Account:

(i) When creating or updating an Account, you are required to provide us with certain personal information, such as your phone number (for our App), e-mail address and, for purposes of Rentals, a Payment Method.

(ii) You will provide and maintain: (a) true, accurate, current and complete information about yourself, including your phone number (as applicable), e-mail address, and Payment Method (as applicable), and other information, some of which may constitute personal information, as prompted by the Services’ registration, sign-in, or subscription page (collectively, “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fuze has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fuze has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

(iii) We will use and retain your phone number for the limited purpose of verifying and authenticating your Account, and you consent to this use by providing us your phone number during your Account registration. Our third-party payment processor stores your full Payment Method, which we receive only as necessary to bill your Account for Rentals. Otherwise, Fuze’s collection, use, and disclosure of all Registration Data (and other personal information from you) is governed by our Privacy Policy.

(iv) You may never use another’s Account without permission, or permit anyone else to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

(v) You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration and (ii) restricting access to your computer or mobile device. You accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.

             1. We may terminate your Account and/or access to the Services at any time for any of these reasons or for no reason at all.

(c) Copyright and Ownership. All the content on the Services, such as text, code, graphics, images, video and interactive elements (“Content”), is owned by Fuze or its licensors, vendors, advertisers, agents and/or other providers (collectively, “Providers”). The Services and Content are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purposes described in these Terms. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services.  To the extent permitted by copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, Content and all related rights are the exclusive property of Fuze or its Providers unless otherwise expressly agreed. You may not remove any copyright, trademark or other proprietary notices from material found on the Services.

(d) Trademarks/No Endorsement. All trademarks, service marks and trade names utilized within the Services, including without limitation the Fuze trademarks, chargeFuze trademarks, Fuze corporate logo and design mark, Fuze corporate logo and design mark, and any trademarks, names or logos of any advertisers (collectively, “Marks”) are trademarks or registered trademarks of Fuze or third parties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Fuze’s prior written consent.

4. User Feedback & Submissions; User Content; Procedures for Claimed Copyright Infringement.

(a) User Feedback & Submissions. By providing any feedback, suggestions or other content you provide to Fuze (“User Submissions”), you grant Fuze a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, create derivative works from, distribute your User Submissions, in whole or in part, including your name, voice, and/or likeness to the extent contained therein. User Submissions are not confidential. Fuze has no obligation to maintain the confidentiality of any User Submissions or their content.

(b) User Content. To the extent the Services contain interactive areas where users can submit or upload their own content, materials, information, text, data, copyrights, trademarks, designs, images, photos, and other intellectual property to be seen by other users (collectively, “User Content”), you retain ownership to any and all of your own User Content and these Terms do not deprive you or any holder of your or their rights therein and thereto. However, when you do submit or provide User Content, you are granting us an unconditional, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide, perpetual, and irrevocable right and license to use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate, and/or broadcast that User Content and create derivative works based thereupon. We make no representations that your User Content will remain available via the Services in any way. We may remove your User Content at our sole discretion.

(c) Procedures for Claimed Copyright Infringement. Fuze respects the intellectual property rights of others and asks that you do the same. If you believe that your User Content or other copyrightable works or materials have been copied in a way that constitutes copyright infringement, in accordance with the U.S. Digital Millennium Copyright Act (as may be amended from time to time, the “DMCA”), you should provide the following information to Fuze’s registered agent, whose contact information is below: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material (i.e., third-party User Content) you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by you (i.e., the copyright owner), your agent, or applicable law; and (vi) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Fuze’s designated agent for receiving notices of claimed copyright infringement under the DMCA may be contacted as follows:

Fuze Technology Inc.
Attn: Brandon Afari
10801 National Blvd., Suite 350
Los Angeles, CA 90064
United States of America
legal@fuzetechnology.com

       1. Failure to include all the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification of claimed infringement and may result in you having to repeat some or all the above processes. If Fuze receives notice of claimed copyright infringement in a manner that complies with the above requirements and the DMCA, Fuze will respond expeditiously by removing, or disabling access to, the User Content that is claimed to be infringing, as described below, or to be the subject of infringing activity. Fuze will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Fuze may, at Fuze’s discretion, deny access to the Services by users who may have infringed the copyright(s) of others.

(i) If your User Content was removed for copyright infringement pursuant to a notice of claimed infringement under the DMCA and you would like to dispute the removal, you may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing Fuze’s designated agent, at the email address set forth above, with a written communication that sets forth the items specified below. Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that Fuze enforces a policy that provides for the termination, in appropriate circumstances, of users who are infringers. Accordingly, if you are not sure whether certain User Content infringes your copyright or the copyrights of others, Fuze suggests that you first contact an attorney. To expedite Fuze’s ability to process your counter-notification, Fuze asks that you please do the following: (i) identify the specific URLs of (or other information sufficient to allow Fuze to identify) the User Content that Fuze has removed or to which Fuze has disabled access; (ii) provide your full name, address, telephone number, and email address; (iii) provide a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is located outside of the United States, for any judicial district in which Fuze may be found, and that you will accept service of process from the person who provided notification to Fuze’s agent in accordance with the process outlined above or an agent of such person; (iv) include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

Fuze Technology Inc.
Attn: Brandon Afari
10801 National Blvd., Suite 350
Los Angeles, CA 90064
United States of America
legal@fuzetechnology.com

(ii) After Fuze receives your counter-notification, Fuze will forward it to the party who submitted the original notice of claimed copyright infringement. Please note that, when Fuze forwards the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. Fuze will not forward the counter-notification to any party other than the original claimant. After Fuze sends out the counter-notification, the claimant must then notify Fuze within ten (10) days that they filed an action seeking a court order to restrain you from engaging in infringing activity relating to your User Content. If Fuze receives such notification, Fuze will be unable to restore the items. If Fuze does not receive such notification, Fuze may, but is not obligated to, reinstate the disputed item(s).

(iii) If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership of the copyrighted material that is subject to the notice of claimed infringement. Be aware that there may be adverse legal consequences in your country and/or the United States if you make a false or bad faith allegation by using this process. Please also be advised that Fuze enforces a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. If you are not sure whether User Content posted by you is being infringed, or if you are otherwise unsure of whether to file a counter-notification using these procedures, Fuze strongly recommends that you first contact a lawyer knowledgeable in the copyright laws of the United States. If you do wish to file a counter-notice, then you should follow the process for counter-notifications set forth above. FUZE IS NOT YOUR ATTORNEY, AND THE INFORMATION FUZE PRESENTS HERE IS NOT LEGAL ADVICE. FUZE PRESENTS THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONSULT WITH YOUR OWN ATTORNEYS REGARDING ANY DMCA ACTIONS.

5. Third Party Platforms.

(a) From time to time, the Services may incorporate components or features, or link to websites, that are not owned, operated or controlled by Fuze or its affiliates (“Third Party Platforms”). Use of Third Party Platforms may be subject to contractual terms established by those third parties. Fuze is not responsible for any functionality, content, materials or other information provided by, located on or accessible from any Third Party Platform. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding Third Party Platforms. We encourage you to review the terms and conditions, and privacy policies, of each Third Party Platform.

(b) Transactional Partners. In some cases, we may partner with another entity to co-promote their services within our Services.   If you choose their services, you may be transacting directly with the other party.  When using these partner pages, you may be subject to terms made available by the partner in addition to these Terms.  If these Terms and the partner’s terms conflict with respect to any dispute relating to Fuze or the Services, these Terms control.

6. Representations And Warranties.

(a) We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control.

(b) You represent that you are at least 18 years of age, have the right and authority to enter into these Terms, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Services is and will remain in compliance with all applicable laws.  You represent that you have read, understood, agree with, and will abide by the terms of these Terms.

(c) In addition, you represent and warrant that your User Submissions and User Content, and all elements thereof, are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions and User Content, or you are otherwise legally entitled to grant Fuze all of the rights granted herein; and (b) Fuze’s use of your User Submissions and User Content as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, such as rights of publicity and privacy, and defamation.

(d) Rentals. You acknowledge and agree that using Chargers and Stations involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to you or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, such as:

(i) Chargers and other objects;

(ii) Charger or component malfunction;

(iii) weather conditions;

(iv) negligent acts or omissions by Fuze, any other Released Party or any other third party.

7. Disclaimers.

(a) FOR REST OF WORLD: YOUR USE OF THE SERVICES, CHARGERS AND STATIONS IS AT YOUR RISK.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  NEITHER FUZE, NOR ANY OF ITS AFFILIATES OR PLATFORM PROVIDERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES.  THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER FUZE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.  THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FUZE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(b) FOR USERS AND INDIVIDUALS IN AUSTRALIA ONLY: NOTHING IN THIS SECTION 7, OR THESE TERMS, IS INTENDED TO EXCLUDE, RESTRICT, MODIFY, REMOVE, INTERFERE WITH OR HAVE THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING, THE APPLICABLE LAWS IN AUSTRALIA, INCLUDING BUT NOT LIMITED TO, THE CONSUMER GUARANTEES SET FORTH IN DIVISION 1 OF PART 3-2 OF THE AUSTRALIAN CONSUMER LAW SUBSISTING IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH), THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT.

8. Binding Arbitration And Class Action Waiver

Please read this section carefully: it significantly affects your legal rights, including your right to file a lawsuit in court.

(a) Scope. This Section 8 address disputes between you and Fuze.  If you have a dispute with one or more other users of the Services, you release Fuze (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(b) Initial Dispute Resolution. The App contains means to receive support and address any concerns you may have regarding your use of Rental Services.  The parties will use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which will be a condition to either party initiating mediation, arbitration, or a lawsuit.

(c) Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms of this Section 8(c).

(i) Any controversy or claim arising out of or relating to these Terms or any related agreement, including threshold questions of arbitrability, must and will be determined by binding arbitration under this provision (“Arbitration”). Arbitration will be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by these Terms. Arbitration will occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for Arbitration will be made by any party hereto within a reasonable time after the claim or controversy has arisen, and in any event may not be made after the date the claim or controversy would be barred by the applicable statute of limitations. Discovery issues will be decided by the arbitrator. Post-hearing briefs will be permitted. The arbitrator will render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator will have no authority to change, extend, modify or suspend any of the terms of these Terms, or to grant an award or remedy that would not be available to a court under the legal theory asserted. The arbitrator will issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator will apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder, without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief will be determined by Arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will proportionally allocate all costs and expenses of any Arbitration (including legal and accounting fees and expenses) to reflect the parties’ success on the merits (including the successful assertion of any defenses).

(ii) You agree to pursue any arbitration in your individual capacity and not as class representative or class member in any purported class action proceeding.

(iii) BY AGREEING TO ARBITRATE DISPUTES, YOU AND FUZE HEREBY AGREE THAT WE ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THESE TERMS OR THE SUBJECT MATTER HEREOF.

(d) Opt-Out. You have the right to opt-out and not be bound by the arbitration provision in Section 8(c) by notifying us of your decision to opt-out to the email address (with “Opt-Out” or “Arbitration” in the subject line) or U.S. mailing address under Contact Us below.  The notice must be sent within thirty (30) days of your first agreement to arbitrate disputes under these Terms. Unless you opt-out, you will be bound to arbitrate disputes in accordance with these Terms.  For clarity, if you opt-out of arbitration, Fuze is not bound by arbitration either.

9. Limitations Of Liability.

(a) No rights against third parties. You understand and agree that you have no rights or remedies with respect to any third party in connection with these Terms or any Rental, including (i) any person or entity with which Fuze has contracted to make available Stations and Chargers and (ii) any other person or entity which exercises control over the location of the Stations (collectively, “Released Parties”). You hereby irrevocably disclaim, release and/or waive any and all claims (whether now known or not) against the Released Parties in connection with these Terms, the Services and any Rental.

(b) Damage to hardware. Fuze is not responsible or liable for any damages to your mobile device or other property arising from your access to or use of the Services, App, Stations or Chargers, for any reason.

(c) No indirect damages. IN NO EVENT WILL FUZE, ANY RELEASED PARTY, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES OR THE PROVISION OF RENTALS (“RELEASEES”), BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO USE OR RESULTS OF THE SERVICES, OPERATION OF STATIONS AND CHARGERS OR THE FACILITATION OF RENTALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(d) Liability cap. IN NO EVENT WILL FUZE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF (i) FIVE HUNDRED DOLLARS ($500.00); or (ii) THE TOTAL FEES YOU HAVE PAID TO FUZE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE PARTICULAR LIABILITY AROSE.

(e) The foregoing limitations of liability do not apply to the extent prohibited by law.

(f) FOR USERS AND INDIVIDUALS IN AUSTRALIA ONLY: NOTHING IN THIS SECTION 9, OR IN THESE TERMS, IS INTENDED TO EXCLUDE, RESTRICT, MODIFY, REMOVE, INTERFERE WITH OR HAVE THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING, THE APPLICABLE LAWS IN AUSTRALIA, INCLUDING BUT NOT LIMITED TO, THE REMEDIES RELATING TO THE CONSUMER GUARANTEES SETFORTH IN DIVISION 1 OF PART 5-4 OF THE AUSTRALIAN CONSUMER LAW SUBSISTING IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH), THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT.

10. Indemnity.

(a) You agree to defend, indemnify and hold harmless Fuze and the Releasees harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Services, Stations and Chargers; (ii) your violation of these Terms; (iii) your violation of any third party right, such as any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of your use of Third Party Platforms or our use of any User Submission or other content, message or information that you provide us; or (vi) any other person’s use of a Charger rented by you or through your Account or other access credentials.

11. Privacy

We recognise the importance of your privacy and understand the concerns surrounding security of personal information. To view our privacy policy relating to the use of our Services, please visit: https://www.chargefuze.com/privacy-policy.

12. Miscellaneous.

(a) Updates to Terms. Because our Services change often, we reserve the right to modify, vary or amend these Terms at any time, and at our sole discretion (“Updates”). All Updates will made available via our website: https://www.chargefuze.com/terms-of-service, and where you have an Account and such Updates are material in nature, notified to you via our Services. By using the Services, or initiating a Rental, on or after the “Last Updated” date, such use, or interaction, shall constitute your acceptance of the then current Terms. If any Updates are unacceptable to you or cause you to no longer comply with these Terms, you must terminate, and immediately stop using and interacting with, our Services.

(b) Force Majeure. Neither Fuze nor you will be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, such as natural disasters, power surge or failure caused by weather or third parties, war, revolution, or the acts or omissions of common carriers.

(c) Applicable law. Any claim relating to these Terms or the Services is governed by the laws of the State of California, excluding its conflicts of laws provisions. Subject to Section 8, you and Fuze consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. The United Nations Convention on Contracts for the International Sale of Goods will not apply to Rentals or the interpretation or construction of these Terms.

(d) Interpretation. These Terms constitute the entire understanding and agreement between you and Fuze with respect to the subject matter herein. Headings are references, and in no way define, limit, construe or describe the scope or extent of any provision. Any words following the terms “including,” “include,” “in particular,” “for example,” “such as” or any similar expression are illustrative, non-exhaustive and do not limit the sense of the words, description, definition, phrase or term preceding those terms. To the maximum extent permissible by any applicable law, you acknowledge and agree that any law, regulation, doctrine or rule which enables that the language of a contract to be construed against the party who has drafted or proposed said terms or contract, will not apply to these Terms.

(e) Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision ceases to apply and the remaining provisions remain valid. These Terms and any incorporated agreements may be automatically assigned by Fuze in our sole discretion.

(f) Waiver. Fuze’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  All sections which by their context ought to survive this agreement will survive any termination or expiration of these Terms.

(g) Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2024, Fuze Technology Inc. and/or its licensors.  ALL RIGHTS RESERVED.

(h) Contact Us. You may contact us regarding the Services or these Terms at support@fuzetechology.com via mail at 10801 National Blvd., Suite 350, Los Angeles, CA 90064.

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