User Agreement for Shared Power Bank in Dallas, Texas

(High-Safety Version · Auto-Purchase After 48 Hours)

Effective Date: June 15, 2026

Agreement No.: VUP-DFW-2026-v5.0-EN

Applicable Area: Dallas County, Texas

⚠️ Before scanning to rent, you must read and understand Section 4 (Device Safety Rules) and Section 9 (Assumption of Risk) of this Agreement.

If you do not agree, please immediately insert the power bank back into the docking station and do not use the service.

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Section 1: Service Nature and Contract Formation

1.1 This Agreement is a legally binding contract between you and VoltUp Power Bank (hereinafter referred to as "Company" or "We").

1.2 This Agreement becomes effective immediately upon the completion of all three actions:

You scan the QR code → You click "I agree" → The docking station releases the power bank.

1.3 This service is for emergency charging purposes only. Any illegal use is strictly prohibited.

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Section 2: User Eligibility

2.1 You confirm that you are at least 18 years old and have the full legal capacity to enter into a binding contract under Texas law.

2.2 You are fully responsible for all rental activities conducted through your account (phone number / third-party login).

2.3 If you are under 18 years old, you must use the service only under the direct supervision and with the explicit consent of your legal guardian. Otherwise, the Company assumes no responsibility.

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Section 3: Pricing, Deposit, and Auto-Purchase

3.1 Rental Rate

· $3.00 USD / hour

· Any partial hour of less than 30 minutes will be billed as 30 minutes (i.e., $1.50 USD / half hour)

3.2 Deposit Rules (Important)

· A $29.99 USD deposit (pre-authorization) will be frozen for each rental.

· After the power bank is successfully returned, the deposit will be released by your bank within 3–7 business days.

· The deposit is used only as security and will not be actually charged unless a damage compensation or purchase is triggered.

3.3 24-Hour Billing Cap (Important)

· The maximum daily rental charge is $15.00 USD.

· This means: Within any 24-hour period, once the accumulated rental fee reaches $15.00, no further charges will be applied for the remainder of that 24-hour period.

· After 24 hours have passed, a new billing cycle begins. The meter resets and starts charging at $3.00/hour again until the $15.00 cap is reached once more, and this pattern continues for each subsequent 24-hour period.

Billing Example:

Rental Duration Billing Explanation

Hours 1–5 $3/hour, cumulative total reaches $15 (cap reached)

Hours 5–24 No further charges (capped for this 24-hour period)

Beyond 24 hours Billing resets — $3/hour until the next $15 cap is reached

Beyond 48 hours without return Auto-purchase is triggered (see Section 3.4)

3.4 Auto-Purchase Clause (Core Provision)

If the power bank is not returned within 48 consecutive hours, the system will automatically treat it as a "purchase" and will stop further time-based charges.

· Purchase Price: $29.99 USD

· After the purchase is triggered:

· The $29.99 deposit is NON-REFUNDABLE and will be applied in full toward the purchase

· You are NOT required to pay any additional amount

· You are no longer required to return the device

· The rental order will be automatically closed

3.5 No Further Collection After Purchase

Once the purchase is completed, all obligations between you and the Company are fully terminated. The Company will NOT:

· Transfer the debt to any collection agency

· Report any negative information to credit bureaus

· Seek any amount exceeding $39.99 from you

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Section 4: Device Safety Rules

(⚠️ Critical – Core Risk Mitigation)

This section is the most important basis for allocating liability between you and the Company. Violation of any provision below means you bear all consequences.

4.1 Mandatory Pre-Use Inspection

Before each rental, you MUST inspect the power bank for the following abnormalities:

Type of Abnormality How to Identify

Cracked casing Visible cracks

Broken or exposed cable Copper wire visible

Bulging Uneven surface, deformation

Leaking liquid Liquid stains or corrosive smell

Abnormal heat Clearly hot to the touch (above 50°C / 122°F)

⚠️ If you find any of the above, DO NOT USE THE DEVICE. Immediately insert it back into the docking station.

If you continue to use it despite any abnormality, you assume 100% of all resulting losses (including phone damage, fire, or personal injury).

4.2 Absolutely Prohibited Actions During Use

Prohibited Action Specific Explanation

❌ Sun exposure Do not leave in direct sunlight inside a car, on a windowsill, or on a beach

❌ High-temperature environments Do not place near fire, heaters, ovens, or any heat source

❌ Water exposure Do not use in bathrooms, swimming pools, rain, or humid environments

❌ Crushing / dropping Do not mix with keys or coins; do not intentionally drop or smash

❌ Heavy load while charging If playing high-performance games while charging causes overheating, stop immediately

4.3 Temperature Monitoring Obligation (Very Important)

· During use, you must touch the surface of the power bank every 15 minutes.

· If the device becomes too hot to hold continuously (approximately >55°C / 131°F):

· Immediately disconnect your phone

· Place the power bank on a cool, non-flammable surface (e.g., concrete floor, metal table)

· After it cools down, insert it back into the docking station

4.4 Emergency Situations

If the power bank emits smoke, catches fire, makes abnormal noises, or expands:

1. Move away immediately. Do not attempt to extinguish or pick it up.

2. Call 911.

3. If safe to do so, notify nearby store staff.

4. Contact customer support through the App afterward to report the incident.

4.5 Consequences of Violating Safety Rules

If violation of this Section 4 (sun exposure, water damage, dropping, ignoring overheating, etc.) results in:

· Damage to the power bank → Compensation under Section 8

· Damage to your phone → The Company assumes no liability

· Fire or personal injury → You bear full civil and potential criminal liability

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Section 5: Insurance and Liability Allocation

5.1 The Company has obtained basic equipment insurance for the power banks as required by Texas law.

5.2 User Deductible: If damage is caused by your fault (dropping, water damage, crushing, etc.), you are responsible for a $25 USD deductible.

5.3 Situations NOT covered by insurance (you bear the full cost):

· Violation of prohibited actions under Section 4.2 (sun exposure, high temperature, water)

· Intentional destruction

· Complete loss (already covered by purchase provision)

5.4 Disclaimer Regarding Damage to Your Phone:

The Company assumes no liability for any damage to your phone, data loss, or battery health degradation caused by power bank quality, voltage fluctuations, compatibility issues, or your usage methods.

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Section 6: Personal Data and Privacy (TDPSA)

6.1 We collect only approximate location data to display nearby stations. You may disable this at any time through your phone settings.

6.2 The Company will not sell your name, phone number, or location to any third party.

6.3 In the event of a data breach, we will notify you and the Texas Attorney General within 72 hours as required by law.

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Section 7: Return and Billing Disputes

7.1 The only valid return method: The power bank must be fully inserted into the docking station until you hear a "click" locking sound.

7.2 If you have returned the device but charges continue: Immediately take a photo showing the docking station ID + the power bank inserted, and submit a dispute through the App.

7.3 If the issue is confirmed to be a system error, we will refund three times the overcharged amount (based on the Texas DTPA).

7.4 No available empty slots at station: Use the App to navigate to the nearest station with available slots. Overcharge fees caused by full stations may be waived once per order upon submission of a photo.

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Section 8: Device Damage Compensation – Uniform Purchase Price

Any form of device damage (including but not limited to cracked casing, broken cable, water damage, heat damage, dropping, crushing, etc.) will be resolved at the uniform purchase price.

Situation Compensation Amount

Device damage (any degree) $39.99 USD

Complete loss of device $39.99 USD (automatically deducted from deposit)

Intentional destruction or modification $39.99 USD (and the Company reserves the right to pursue other legal remedies)

⚠️ Important Notes:

· Damage compensation will be deducted first from the $20 deposit. Any remaining balance ($19.99) must be paid by you.

· After compensation is paid, you do not need to return the damaged device.

· The rental order will be automatically closed with no further charges.

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Section 9: Assumption of Risk and Limitation of Liability (Core Protection)

The following provisions exclude the Company's liability to the maximum extent permitted by law.

9.1 "As-Is" Service

Power banks may carry inherent risks associated with lithium batteries (spontaneous combustion, bulging, thermal runaway). You voluntarily assume those risks.

9.2 The Company is NOT liable for any of the following losses:

· Damage to your phone, tablet, or other electronic devices, or loss of data

· Any indirect, incidental, or punitive damages

· Personal injury or property damage resulting from your violation of safety rules

9.3 Total Liability Cap

Even if the disclaimers in this Agreement are deemed unenforceable, the Company's total liability to you shall not exceed $30 USD, or twice the rental fees you actually paid, whichever is lower.

9.4 You expressly agree that:

All risks arising from the use of the shared power bank are borne by you during the period of use. The Company is liable only for manufacturing defects existing in the device that were not disclosed to you.

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Section 10: Dispute Resolution and Waiver of Class Action

10.1 This Agreement is governed by the laws of the State of Texas.

10.2 Any dispute arising from this Agreement shall be resolved through binding arbitration administered by JAMS in Dallas County.

10.3 You expressly waive any right to participate in a class action or representative action.

10.4 Small claims (under $200) may be resolved through the Texas Small Claims Court.

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Section 11: Amendment of Agreement

The Company reserves the right to amend this Agreement by providing notice through the App 7 days in advance. Your continued use after such notice constitutes your acceptance of the amended terms.

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�� Final Confirmation (Legally Treated as Read and Agreed)

· ✅ I acknowledge the $2/hour billing rate

· ✅ I understand the $20 deposit and the 48-hour auto-purchase at $39.99

· ✅ I agree not to expose the device to sun, water, or high temperatures and to monitor temperature

· ✅ I agree that any device damage is subject to the $39.99 purchase price

· ✅ I agree that the Company is not responsible for damage to my phone

· ✅ I agree to waive class action rights

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VoltUp Power Bank – Safe Charging, Shared Risk Awareness

If you encounter any issues during use, please contact customer support through the in-App chat feature.