DOT Terms

1. Introduction 

Popwheels, Inc. ("Popwheels" or “Company”) provides a battery swapping service ("Service"). In consideration of Your use of the Service, You (“Member”, “You”, or “Your”) agree to all terms and conditions in this Membership Agreement (“Agreement”). 

2. Eligibility 

Members must be at least 18 years of age.  Member must provide Popwheels with a valid U.S. cellphone number and must show valid photo identification. You agree and verify that all of the information that You have given to Popwheels its representatives is accurate, up to date, and without the omission of any requested information. You agree to notify Popwheels of any changes or upcoming changes concerning Your information. Popwheels may, at its discretion, require a valid credit card or debit card in order to become a member.

3. Battery Swapping Service
3.1 Summary of Service Popwheels provides members with access to a battery swap network made up of battery swap locations throughout New York City. At any of the Popwheels battery swap locations, members can (a) borrow a charged Popwheels Battery (“Battery”), (b) return a depleted Battery, or (c) swap depleted Battery for a fully charged Battery. Popwheels provides a list of battery swapping station locations  (“Service Locations”).

3.2 Service Requirements Members can borrow a charged Battery from any Service Location and can swap a depleted battery for a charged battery at any Service Location.
3.2(a) Members can only borrow one (1) Battery at a time. You must return any Battery that You borrowed prior to borrowing another Battery.
3.2(b) The maximum duration that members can borrow a Battery is seven (7) days. You must return or swap any Battery that You borrow prior to the end of this period. Any Battery retained for longer than this period may be subject to a late fee. 
3.2(c) Members may swap a Battery up a maximum of eight (8) times in any twenty-four (24) hour period. 

3.3 Battery Ownership You acknowledge and agree that the Batteries supplied to members are wholly owned by Popwheels and ownership rights to such Batteries are not being transferred to members. Popwheels may require that You return any Battery that is in Your possession to a Service Location at any time. 

3.4 Battery Keys Each Battery comes with a key that (a) secures the battery to a member device and (b) enables and disables Battery usage (“Key”). You must ensure that each Battery You borrow comes with a Key and that the Key is returned to the Service Location with the Battery. When You return or swap a Battery, You are responsible for ensuring that the Key is installed in the Battery and positioned to enable charging of the Battery. If a Battery you borrow is missing a Key, you must promptly notify Popwheels.

4. Service and Surcharge Fees

4.1 Initiation Fee No initiation fee will be applied. 

4.2 Membership Fee Your membership will last the duration of the DOT Pilot period, during which time you will not be charged. Continued membership after the DOT pilot period will require a paid subscription.  

4.3 Late Fees If Membership Fees are not paid when due and/or a Battery is not returned in a timely manner, a late fee of Three U.S. Dollars ($3.00) per day will be applied to the Your account. Any Battery that is not returned after one (1) week of being overdue may be considered by Popwheels, at its discretion, to be lost and will be subject to a Battery Replacement Fee.

4.4 Battery Damage / Replacement Fee You agree to return all Batteries borrowed under this agreement in the same condition in which You borrowed them. You are solely responsible for damage, loss, or theft of any Battery that you borrow. If any Battery is not returned or if any Battery is returned damaged, You will be charged a battery damage and/or battery replacement fee of up to One Hundred and Fifty U.S. Dollars ($150.00) per Battery.  If you provide a police report, your fee may be reduced. 

4.5 Key Replacement Fee  You are solely responsible for damage, loss, or theft of any Key that you borrow.  If any Key is not returned, if Key is returned damaged, or if Battery is returned without a Key,  You will be charged a key replacement fee of up to Twenty U.S. Dollars ($20.00) per Key. 

4.6 Temporary Suspension Whenever a fee is assessed on a Your account, Your ability to access or swap a Battery may be suspended until Your account is fully paid and up to date. No credits or refunds will be provided for the time that the account is suspended.

4.7 Taxes All fees may be subject to applicable sales taxes and other local government charges, which may be charged and collected by Popwheels. 

4.8 Changes to Pricing:These fees may be modified at the sole discretion of Popwheels. Popwheels will give You at least 30 days’ prior notice of a price increase before You are charged the new price. If You are given less than 30 days’ prior notice, the change will not apply until the payment after the next payment is due.  

5. Payment

Fees may be paid via the following methods: Visa, Mastercard, American Express. Popwheels may accept cash at its discretion. If You provide credit or debit card information, You represent and warrant to Popwheels that You are authorized to use the credit or debit card. You authorize Popwheels to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If the credit or debit card connected to your account becomes invalid at any time Popwheels may suspend or terminate Your membership.

6. Termination

6.1 By You You may terminate Your membership at any time so long as all Batteries that You have borrowed are returned before the end of the applicable service month. You will not be able to terminate this agreement until all borrowed Batteries have been returned. Refunds will not be issued for any fees that have already been paid. 

6.2 By Popwheels Popwheels may terminate Your membership for any reason, including but not limited to: (a) breach of this Agreement, (b) violation of prohibited acts, (c) non-payment of fees, or (d) any other reason at Popwheels' sole discretion.

7. Prohibited Acts

You are prohibited from:

  • charging Batteries outside of Popwheels battery swap locations

  • damaging, dropping, writing on, defacing and/or harming Batteries in any way

  • charging batteries not provided by Popwheels in Popwheels’ battery swap locations 

  • transporting Batteries outside of the New York City service area

  • modifying, dismantling,repairing  or otherwise altering Batteries

  • allowing others (including other Members) from using a Battery that you have borrowed 

  • sharing Your membership or account information with any other person

  • leaving any Batteries unattended or unlocked at any time

  • misusing, harming, tampering with, impairing, or damaging any of Popwheels’ equipment or services

  • interfering with any person or entity's use or enjoyment of the Service 

  • selling or reselling the Service 

  • using Batteries with incompatible devices; a list of compatible devices is provided by Popwheels

  • using Batteries with a damaged, modified, or poorly maintained device

  • using any Battery that appears damaged, modified, or poorly maintained; You must promptly notify Popwheels any problems and issues and use a different Battery

YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY.
8. Limitations on Availability of Service and Disclaimer of Warranties 

8.1 Availability Popwheels makes every effort to provide the Services for 365 days per year; however, Popwheels does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent Popwheels from providing the Service from time to time. Access to the Service also is conditioned on the availability of charged Batteries at the battery swap locations.

8.2 Disclaimer Of Warranties Notwithstanding anything to the contrary in this Agreement, this Services are provided “as is”. Popwheels makes no and disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose with respect to the Service to the extent permitted by applicable law. You hereby disclaim that You are relying upon or have relied upon any representations or warranty not included in this Agreement that may have been made by any person, and You acknowledge and agree that Popwheels disclaims any such other representations and warranties. 

9. Privacy

9.1 Data Collection and Use Popwheels may collect and use information about Your use of the Service in order to provide the Service, to process your transactions, to maintain and improve the Service, and to market the Service. In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

9.2 Location Information Popwheels may collect and use location information (including GPS and WiFi data, IP address, and Bluetooth data). Popwheels may collect Your device’s precise location when You use the Service. Popwheels may also track the precise location of Batteries.

9.3 Third-Party Services Certain memberships services may integrate, be integrated into, or be provided in connection with third-party websites, services, locations, content, and/or materials ("Third-Party Services"). Popwheels may share information about your use of the Service with such Third-Party Services. Popwheels makes no claim or representation regarding the third-party services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, application, software or any other element of the Membership Services. 

10. Risk, Indemnification, and Limitation Of Liability. 

10.1 Assumption Of Risk You agree that Your participation in the Service may involve risks. These risks may lead to tangible or intangible harm, and You agree that these risks may result not only from Your own actions but also from the actions of others. With the knowledge and understanding of these risks, You choose to continue participating in the Service. You agree to hold Popwheels, its owners, affiliates, and representatives, harmless from any damage, whether tangible or intangible, that may happen to You while participating in the Service.

10.2 Indemnification You agree to indemnify and hold harmless Popwheels, its affiliates, and its respective its owners, affiliates, and representatives from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Your participation, action(s) and/or inaction(s) under this Agreement. 

10.3 Limitation of Liability Popwheels shall not be liable for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement, including loss of revenue, or profits or other benefits, and claims by any third party. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts. Popwheels’ maximum liability hereunder shall be limited to the total amount of fees paid by You to Popwheels in the prior three (3) months before any such claim arose. 

11. Choice of Law and Dispute Resolution 

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of New York State, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) each party consents to the jurisdiction of the courts of New York State and agrees that those courts have personal jurisdiction over each party; (ii) venue must be Kings County, New York; and (iii) the parties must submit the dispute to mandatory mediation held in New York State. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, then in effect. The number of arbitrators shall be one. The place of arbitration shall be New York, New York. 

12. Miscellaneous Terms

12.1 Entire Agreement This Agreement constitutes the entire agreement between Popwheels and You with respect to the Service, and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. 

12.2 No Waiver No waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.

12.3 Severability If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck from these Agreement and the remaining provisions will remain in full force and effect.

12.4 Headings Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement. 

12.5 Notices All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and shall be delivered by email or at the address which the parties may designate to each other.

12.6 Changes At any time and from time to time, and without Your consent, Popwheels may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause, and by continuing to use Service after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. 

12.7 Assignment This Agreement may be assigned by Popwheels upon the sale of all or substantially all of the Service. The assignee shall be bound by all of the terms and conditions of this Agreement.

By clicking "Agree," I agree to the terms of this Membership Agreement.