Last updated: April 24, 2024
Effective Date: April 24, 2024

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR THE USE OF SERVICES.

Considering your use of any of the services (as defined below) provided by Greenova Italia SRL or any parent, subsidiary, or affiliate company operating as "Nomopower" or any other trade name that may be used from time to time ("MPS", "We", "Our"), Nomopower requires that You ("The Consumer", "user", "You", or "Your") (acting on behalf of the user's entire family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions of this agreement ("Agreement").

By accessing and/or using our services, you agree to be bound by this Agreement. If you do not accept this Agreement and the terms of use stated herein, do not use the services.

The services ("services") provided by Nomopower include:

1. Nomopower mobile application and related website

2. Nomopower portable power batteries ("battery" or "batteries"), and

3. All other related equipment, maintenance, personal services, applications, websites, and information provided or made available by Nomopower.

This Agreement, along with all updates, supplements, additional terms, and all our rules and policies, constitute the sole Agreement that covers the services between You and Us, excluding any other provision.

1. General Rental and Use of Batteries

1.1 You are the sole user

Nomopower and the Consumer are the only parties to this Agreement. The user is the sole lessee and is solely responsible for compliance with all terms and conditions herein. You understand that when you rent a power battery from the location, the battery is to be used only by You. If you allow others to use a battery you have activated from the location, such use must comply with these terms and conditions, and you are solely responsible for ensuring that those conditions are applied to the person you authorized to use the battery.

1.2 The battery remains the exclusive property of Nomopower

Subject to Article 2.3 below, you agree that the battery and any Nomopower equipment connected to it remain at all times the exclusive property of Nomopower. You must not dismantle or otherwise modify, repair, or deface a battery, any part of a battery, or any other Nomopower equipment in any way. You must not write, peel off, or otherwise modify or deface any sticker on a battery in any way. You must not use a battery or any other Nomopower equipment for advertising or commercial purposes without Nomopower’s explicit written permission. The services may only be used for the intended purpose for which such services are made available. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the services, the batteries, or the application in a manner not specified in this Agreement. For the execution of this Agreement and in particular Article 1.3 of these general terms and conditions, you acknowledge that the prohibition of tampering includes, without limitation, any and all drawing, drilling, scratching, bumping, striking, or alteration of the rented battery under this Agreement.

1.3 Battery operating hours and battery availability

You agree and acknowledge that batteries must be rented within the maximum rental time limits specified below. The number of batteries is limited, and the availability of batteries is never guaranteed. The batteries are electric power batteries that require periodic recharging to function. You agree to use the batteries safely and prudently, considering that it is an electric power battery and all the associated limits and requirements.

You understand and agree to each of the following points:

• The remaining charging power level in the battery will decrease with the use of the battery and as the battery's charging power level decreases, the battery's operating capabilities may decrease (or cease altogether).

• The charging power level in the battery at the time you start the rental or operation of the battery is not guaranteed and may vary with each rental use.

• The rate of power loss during battery use is not guaranteed and will vary based on the battery, operating conditions, weather conditions, and other factors.

• It is your responsibility to check the battery's charging power level and ensure it is sufficient before starting battery operation.

• The time you can use the battery before the charging power runs out is never guaranteed.

• The battery may run out of power and stop functioning at any time during the user's rental period, even before reaching the user's desired charging level.

• If the battery runs out during a rental, the user must return the battery in accordance with all terms of this Agreement. If an incident occurs because the battery has run out, Nomopower will not be held responsible.

1.4 Reporting of damages or incidents

You must report any incident, damage, personal injury, or stolen or lost battery to Nomopower as soon as possible at support@nomopower.com. If an incident involves personal injury, property damage, or a stolen battery, you must report the incident to Nomopower within 24 hours.

1.5 Responsibility

You agree that you, during the rental period, have the rented battery under your exclusive custody and are therefore responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs, and expenses, penalties, or payments of any kind or nature arising from a battery as long as it remains under your custody. You agree to return the battery to Nomopower in the same condition in which it was rented. You will not be responsible for normal wear and tear. You agree to pay any fines, fees, penalties, court costs, and/or any other costs incurred by Nomopower that arise from the user's misuse of any battery or as a result of the user's violation of any law, rule, regulation, and/or ordinance while using the services. You also agree that any attempt to recharge the battery by means other than a charging station operated by Nomopower will be performed at your own risk and that Nomopower will not be held responsible for any harmful financial, physical, or other consequences resulting from it.

2. Payments and Fees

2.1 Fees

You can use the battery on a pay-per-use basis ("Usage" means unlocking the battery via the Nomopower mobile application and using it until returning it to a Nomopower battery storage pack) or otherwise in accordance with the price described in the app or web app for the stations you are using. In each case, fees and other charges may be subject to applicable taxes and other local government charges that may be charged and collected by Nomopower. Nomopower will charge you (via credit card and/or debit card and/or through any other payment method offered during the subscription process) the amount of the fees as described above.

2.2 Promotional codes

Promotional codes (discounts) can only be redeemed through the Nomopower application. Nomopower reserves the right to modify or cancel discounts at any time. Discounts are not transferable and cannot be resold.

2.3 Maximum rental time and charges

Subject to Article 2.1 above, information on rental times and charges can be found on the Nomopower website at https://www.nomopower.com. You agree that you are solely responsible for being aware of any elapsed time related to the timely locking of the battery. Batteries not returned within the maximum rental period will be considered purchased by the user at the price of € 3500. However, this sale will be canceled without any compensation for the user if the user returns the battery to any Nomopower charging bank.

2.4 Valid payment method

To be registered to use the services, you must provide Nomopower with a valid payment method accepted by Nomopower's rental means. You represent and warrant to Nomopower that you are authorized to use any payment method provided to Nomopower. You authorize Nomopower to charge the card or account indicated for all fees incurred by you. All fees are subject to applicable sales taxes and other local government charges that may be charged and collected by Nomopower. If you dispute any charge on your payment method, you must contact Nomopower via email at support@nomopower.com within 10 business days from the end of the month with the disputed charge and provide Nomopower with all necessary information to identify the disputed charge, such as the date of use and the approximate start and end times of the usage associated with the disputed charge. You agree to notify Nomopower immediately of any changes related to the payment method.

2.5 Payment plan

You understand and agree that the above-mentioned prices may be unilaterally modified by Nomopower at any time or from time to time at its sole discretion. Upon unlocking the battery, an amount determined by Nomopower will be authorized to the user's payment method at the beginning of the rental period as a deposit. The actual rental price will be deducted from the deposit and the difference will then be returned to the user at the end of the rental period.

3. Additional Terms of Use

3.1 Safety check

3.1.1 If at any time before, during, or after the rental of any battery you discover a defect or notice any other potentially unsafe condition on any battery, no matter how minimal, you must not use the battery, or if you are already using the battery and/or services, you must cease its use immediately when it is safe to do so.

3.1.2 You agree to report the defect or condition to Nomopower immediately.

3.1.3 If you do not strictly adhere to the above requirements, you will be fully and completely responsible for all resulting damages, claims, or injuries, whether to yourself or third parties.

3.2 Battery loss or damage

The User agrees to return the battery in the same condition in which it was rented. The User will not be responsible for normal wear and tear. If you do not return a battery to a Nomopower location or if you return a battery damaged beyond normal wear and tear, you will be responsible for the full replacement cost of the battery (approximately €3500). Such fees may vary over time and be adjusted at the sole discretion of Nomopower.

3.3 Prohibited uses

The User must not use the battery in the following ways:

• Use any battery if it has been physically or mechanically damaged or altered.

• Use any battery in violation of any law, rule, regulation, or ordinance, including any law related to the use of electric power batteries and use under the influence of drugs or alcohol.

• Use the battery for racing, mountain driving, jumping, or stunt driving.

• Allow others to use a battery that you have rented from the location, unless such use is in accordance with these terms and conditions and with your explicit authorization.

• Dismantle or otherwise modify, repair, or deface a battery, any part of a battery, or any other Nomopower equipment in any way.

• Write, peel off, or otherwise modify or deface any sticker on a battery in any way.

• Use a battery or any other Nomopower equipment for advertising or commercial purposes without Nomopower’s explicit written permission.

• Use the services in a way not specified in this Agreement.

3.4 Limited Liability

Except to the extent required by law, Nomopower will not be held responsible for any damages, losses, claims, demands, causes of action, liabilities, injuries, costs, expenses, penalties, or payments of any kind or nature arising out of or related to this Agreement, the use of any services, or the user's rental and/or use of the battery. This applies even if Nomopower has been advised of the possibility of such damages. Nomopower does not warrant the availability, quality, accuracy, completeness, or reliability of the services or the information contained on the Nomopower website or application.

3.5 Limitation of liability

You waive and release Nomopower and its affiliates from any and all claims, demands, causes of action, liabilities, damages, injuries, costs, and expenses arising out of or related to your rental and/or use of the services. You expressly acknowledge that the use of the services may involve risks and that you assume all risks and responsibilities associated with the use of the services.

4. General Provisions

4.1 Governing law

This Agreement is governed by and construed in accordance with the laws of the country in which the rental was made.

4.2 Dispute resolution

Any dispute arising from or related to this Agreement, the use of the services, or the user's rental and/or use of the battery will be resolved through binding arbitration in accordance with the rules of the Arbitration Chamber of Milan. The arbitration will be conducted in Italian.

4.3 Entire agreement

This Agreement constitutes the entire agreement between you and Nomopower concerning its subject matter and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether oral or written, concerning its subject matter.

4.4 Amendments

Nomopower reserves the right to modify this Agreement at any time. If Nomopower makes changes to this Agreement, it will notify you by updating the "Last updated" date above and by providing other notifications as deemed appropriate.

4.5 Contact Information

If you have any questions about this Agreement, please contact us at support@nomopower.com.