Rental Agreement

Effective Date: January 1, 2023

Please read this agreement carefully as it establishes legally binding terms for using Levy services.

In consideration of using any Levy Services provided by Levy Electric Inc. d/b/a Levy, you ("Rider," "You," or "Your") agree to all terms in this Rental Agreement, Waiver of Liability, and Release.

Levy Services include: (1) mobile application and website, (2) Levy Vehicles, (3) discretionary charging by Rider, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by Levy.

Important Notice: This document contains releases, disclaimers, assumptions-of-risk provisions, and a binding arbitration agreement that restrict your legal rights and remedies. Your insurance may not cover vehicle-related damages or injuries.

Non-Eligibility for Refunds

Refunds only apply to documented malfunctions directly preventing normal operation. Since users can end trips at any time, stopping billing immediately, refunds will not be issued to those claiming issues but continuing to ride. Refund requests require documented malfunction evidence, with riders responsible for terminating trips upon encountering operational problems.

1. General Rental and Use of Vehicle

1.1 Rider is the Sole User

Levy and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You cannot allow others to use your activated Vehicle.

1.2 Rider is At Least 16 Years Old

Rider certifies being at least 16 years old.

1.3 Rider is a Competent Vehicle Operator

You represent being familiar with Vehicle operation and reasonably competent and physically fit to ride. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. Adjust riding behavior based on weather and traffic conditions.

1.4 Vehicle is the Exclusive Property of Levy

Vehicles remain Levy's exclusive property. You must not dismantle, modify, repair, or deface a Vehicle, any part of a Vehicle, or other Levy equipment in any way.

1.5 Vehicle Operating Hours and Availability

Vehicles may not be available 24 hours a day, 7 days a week, 365 days per year. Vehicle availability is never guaranteed. Vehicles must be returned during business hours listed in the app unless explicitly permitted otherwise.

1.6 Rider Must Follow Laws

Follow all laws regarding use, riding, parking, charging, and operation, including state and local laws, helmet laws, and vehicle regulations. Rider also agrees to act with courtesy and respect toward others while using the Levy Services.

1.7 Prohibited Acts

Riders agree to:

• Not operate while carrying items that alter balance or impair safe operation
• Not place heavy objects on handlebars
• Not use cellular phones, text devices, music players, or other distracting devices while riding
• Not operate under the influence of alcohol, drugs, medication, or any impairing substances
• Not carry second persons or children on the Vehicle
• Park only at lawful spots in upright kickstand position, not on unauthorized private property, locked areas, or unapproved non-public spaces
• Park in visible spaces and avoid heavily trafficked areas where the Vehicle might be knocked over

1.8 Vehicle is Intended for Only Limited Types of Use

Do not use vehicles for racing, mountain riding, stunt riding, trick riding, unpaved roads, water beyond normal urban riding, or any prohibited or illegal locations. Do not use for hire or reward.

1.9 Weight and Cargo Limits

You must not exceed the maximum weight limit for the Vehicle (275 pounds).

1.10 No Tampering

You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Levy Services other than as specified in this Agreement.

1.11 Reporting of Damage or Crashes

Report accidents, crashes, damage, injuries, or stolen or lost vehicles immediately. For incidents involving injuries, property damage, or theft, Rider shall file a report with the local police department within 24 hours.

You are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits, or disbursements related to stolen or lost vehicles. Automotive insurance may not cover accidents or damage to these vehicles.

1.12 Rider Responsibility for Vehicle Use and Damage

Return vehicles in the same rental condition. You are responsible for damage beyond normal wear and tear, whether accidental or intentional.

1.13 Electric Vehicle

Vehicles require periodic battery charging. You agree to use vehicles safely, understanding that:

• Charge power decreases with use; speed and capabilities may decrease or cease
• Charge power at rental initiation is not guaranteed and varies per rental
• Charge power loss rate is not guaranteed and varies by vehicle, road, weather, and other factors
• Check charge power adequacy before operation
• Operating distance and time before power loss is never guaranteed
• Vehicles may lose power before reaching desired destinations

1.14 Charging of Vehicle

If power runs out during rental, conclude the ride per agreement terms. Alternatively, charge only using proper manufacturer-approved cords into lawfully usable outlets. You are responsible for all costs, fees, expenses, penalties, and fines.

1.15 Group Rides

In certain locations, Levy allows activating multiple vehicles for party members. As Primary Renter, you are jointly liable for all group riders' compliance with this agreement, payment of all associated charges, and all claims, injuries, or damages from group riders. Ensure all guests are 16 or older, have read and agree to these terms, and understand that only one rider is permitted per vehicle.

2. Payment and Fees

2.1 Fees

Use vehicles on a pay-per-ride basis per Levy app pricing. Fees are subject to applicable taxes and government charges. Levy charges riders via credit card, debit card, or agreed payment method.

2.1.2 Missing Vehicle Fees

Vehicles not returned within 48 hours are considered lost or stolen. Rider will be charged the daily rental rate ($60 per day) plus applicable administrative and processing fees for each day the vehicle is not returned, up to a maximum $1,200 vehicle replacement cost.

2.1.3 Pick Up Fees

If unable to return to a valid business location and requesting Levy pickup, you may be charged pickup fees up to $100 based on distance from drop-off points. Abandoned vehicles without notice will result in all trip fees until recovery, plus recovery service charges.

2.2 Promo Codes

Promo codes are one-time offers redeemable only via the Levy App. Levy reserves the right to modify or cancel discounts at any time. Limited to one per customer, non-combinable, non- transferable, and non-resellable.

2.3 Valid Credit Card or Debit Card

Registration requires a valid credit or debit card. You authorize Levy to charge for all incurred fees subject to applicable taxes. Dispute charges within 10 business days of month-end with trip information. Invalid chargebacks result in a $15 administrative fee.

2.4 Damage, Vandalism, and Lost Items

Return vehicles in the same rental condition, normal wear and tear excluded. You are responsible for repair and replacement costs for damaged vehicles. Riders are also responsible for theft that could occur throughout the duration of the rental.

3. Additional Terms of Use

3.1 Safety Check

Before each use, conduct a basic safety inspection including:

1. Wheel trueness
2. Brake and light operation
3. Frame condition
4. Sufficient battery charge
5. Damage, unusual wear, or mechanical issues

Do not ride if noticeable issues exist; immediately notify customer service.

3.2 Lost or Stolen Vehicle

Vehicles are considered lost or stolen if: (a) not returned within 24 consecutive hours after rental period end, (b) GPS unit disabled, or (c) other facts suggesting loss or theft. The last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle. Reimbursement costs for current vehicles in the electric scooter fleet range from $850 to $1,100.

3.3 Helmets and Safety

If using personal helmets, wear Snell, CPSC, ANSI, or ASTM approved helmets properly sized, fitted, and fastened. Levy does not represent or warrant the quality or safety characteristics of any helmet. Rider assumes all risk associated with not wearing a helmet.

3.4 Vehicle Routes

Levy does not provide or maintain places to ride Vehicles and does not guarantee that there will always be a safe place to ride. Roads, sidewalks, lanes, and routes may become dangerous due to weather, traffic, or hazards.

3.5 Limitations on Vehicle Rental

Levy is not a common carrier. Alternative transportation exists. Levy provides vehicles as a convenience for qualified operators agreeing to all terms.

3.6 Limitations on Availability

Levy makes every effort to provide Services 365 days per year but does not guarantee availability at all times. Levy may require vehicle returns at any time.

4. Termination

Levy may unilaterally terminate Rider's right to use the Levy Services at any time, in Levy's sole discretion and without notice or cause. You may terminate at any time; however, no refunds will be provided, and this Agreement continues per its terms.

5. Personal Information

Personal information collection and use is described in our Privacy Policy. Levy and third-party contractors may monitor vehicle location, charge status, odometer, and driving information. All personal information will be kept in accordance with our Privacy Policy.

5.2 Text Messages and Phone Calls

Unless opting out, you agree Levy may contact you via telephone, SMS, or text (including automatic dialing systems) at provided numbers. Opt out at any time by texting "STOP" to received texts, emailing support@levyelectric.com, or calling (917) 409-7081.

6. Notice

Contact Levy via support@levyelectric.com or (917) 409-7081.

7. Choice of Law and Dispute Resolution

This Agreement is governed by and must be construed in accordance with the laws of the State of Delaware, excluding principles of conflicts of laws. Parties consent to Delaware state court jurisdiction.

8. Binding Arbitration and Class Action Waiver

Read this carefully — it may significantly affect your legal rights, including your right to file a lawsuit and have a jury trial.

8.1 Initial Dispute Resolution

Parties shall use best efforts through Rider Support to settle disputes, claims, questions, and disagreements via good faith negotiations as a condition to initiating mediation, arbitration, or lawsuits.

8.2 Binding Arbitration

Non-resolved disputes shall proceed to binding arbitration as the sole means of resolution, administered by JAMS or a mutually agreed upon arbitration service, under applicable commercial arbitration rules excluding any rules permitting class actions. The arbitrator shall have exclusive authority to resolve all disputes including the enforceability of this Agreement.

8.3 Governing Law

This Agreement shall be governed by the laws of the State of New York, without regard to conflict of laws principles. Parties consent to exclusive jurisdiction of courts in New York City.

8.4 Class Action Waiver

YOU AND LEVY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

8.5 Limitation on Third-Party Claims

The Rider acknowledges and agrees that any dispute arising from use of Levy Services shall be asserted solely against Levy Electric Inc. and not against any of Levy's partners, affiliates, contractors, agents, or any local municipalities, governments, or entities. The Rider agrees to indemnify and hold harmless such third parties from any claims.

8.6 Small Claims and IP Claims

Either party may bring court actions protecting intellectual property rights or seek relief in small claims court for qualifying claims.

8.7 Right to Opt Out

You may opt out of the arbitration provision within 30 days of the effective date or first service use (whichever is later) by sending written notice to: Levy Electric, Inc., 143 Ludlow Street, New York, NY 10009.

9. General Provisions

Waiver and Severability

No breach waiver of any provision waives other breaches or provisions. Agreement provisions are independent and separable; one provision's invalidity does not affect others.

Cumulative Remedies

All rights and remedies under this Agreement are cumulative and nonexclusive.

Final Agreement and Modification

This Agreement constitutes the complete, final, and exclusive agreement between the parties. Levy may unilaterally amend this Agreement at any time. Continuing to use Levy Services after amendments means acceptance. Website pricing supersedes agreement pricing.

10. Releases, Disclaimers, and Assumption of Risk

In exchange for using Levy Services, Vehicles, and equipment, riders fully release, indemnify, and hold harmless Levy and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and any Municipality with which the operators have contracted (collectively, the "Released Persons") from liability for all Claims arising out of or related to Rider's use of the Levy Services, except for Claims based on Released Persons' gross negligence or willful misconduct.

To the fullest extent permitted by law, Levy and all Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All Levy Services, Vehicles, and related equipment are provided "as is" and "as available," and Rider relies on them at Rider's own risk.

Riders understand that service and vehicle use involves obvious and non-obvious risks, dangers, and hazards that may result in injury or death to riders or others and damage to property. Such risks include but are not limited to: other vehicles and objects, pedestrians, traffic, vehicle malfunction, road conditions, weather conditions, and negligent acts by any party.

Rider is solely and fully responsible for the safe operation of the Vehicle at all times.

Rider Acceptance of Agreement

By using Levy Services, you certify that you:

• Have read and expressly agree to all terms including the Releases, Disclaimers, and Assumption of Risk provisions
• Acknowledge the limitations on your legal rights and remedies contained in this Agreement
• Are familiar with Vehicle operation and reasonably competent and physically fit to ride
• Are the rider and are at least 16 years old (or under 18 with parent/guardian supervision)
• Will wear a helmet where legally required
• Will not ride with another occupant and will obey all traffic laws
• Ride at your own risk