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Terms of Use

Effective Date: January 1, 2025
Last Updated: January 1, 2025

1. Acceptance of Terms

Welcome to PowerDon ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our website, mobile applications, charging stations, power bank rental services, and all related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

2. Description of Services

PowerDon provides portable charging solutions through our network of charging stations located at various venues including airports, malls, events, festivals, and other public locations. Our Services include:

  • Power bank rental services through automated charging stations
  • Digital advertising display services for businesses and brands
  • Event partnership and charging station placement services
  • Mobile application for locating stations and managing rentals
  • Customer support and maintenance services

We continuously work to improve and expand our Services, and we may add, modify, or discontinue features at our discretion.

3. User Eligibility and Registration

To use our Services, you must be at least 18 years old or have parental consent. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

Some Services may require you to create an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Keep your account credentials secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

4. Power Bank Rental Process

4.1 Rental Initiation

To rent a power bank, you must follow the instructions displayed on our charging stations or mobile application. The rental process typically involves:

  • Scanning a QR code or using the mobile app
  • Providing payment information
  • Agreeing to these Terms
  • Receiving a power bank from the station

4.2 Rental Fees and Charges

Rental fees are clearly displayed at each station and in our mobile application. Charges may include:

  • Initial rental fee for the first period (typically 30 minutes to 1 hour)
  • Additional hourly or daily charges for extended use
  • Late return fees if the power bank is not returned within the specified timeframe
  • Replacement fees for lost, stolen, or damaged power banks

All fees are charged to the payment method provided during rental initiation. You authorize us to charge your payment method for all applicable fees.

5. Use and Care of Power Banks

5.1 Proper Use

You agree to use the power bank only for its intended purpose of charging electronic devices. You must:

  • Handle the power bank with reasonable care
  • Use only the provided cables and connectors
  • Avoid exposing the power bank to extreme temperatures, moisture, or physical damage
  • Not attempt to disassemble, modify, or repair the power bank
  • Not use the power bank for any illegal or unauthorized purposes

5.2 Prohibited Uses

You may not:

  • Tamper with, damage, or attempt to hack the power bank or charging stations
  • Use the power bank to charge devices that exceed the specified power requirements
  • Remove or obscure any labels, markings, or identification on the power bank
  • Rent power banks for commercial resale or subletting
  • Use the Services in any way that violates applicable laws or regulations

6. Rental Period and Return

6.1 Rental Duration

Power banks must be returned to any PowerDon charging station within the network. The maximum rental period is typically 72 hours, after which additional fees may apply. Specific rental periods and fees are displayed at each station and in our mobile application.

6.2 Return Process

To return a power bank:

  • Locate any PowerDon charging station within our network
  • Insert the power bank into an available slot
  • Confirm the return through the station interface or mobile app
  • Receive confirmation of successful return and final charges

6.3 Late Returns and Lost Items

Late return fees will be charged for power banks not returned within the specified timeframe. If a power bank is lost, stolen, or not returned within 7 days, you will be charged the full replacement cost(typically €50-€100) plus any accumulated rental fees.

7. User Responsibilities

As a user of our Services, you are responsible for:

  • Complying with all applicable laws and regulations
  • Respecting the property rights of PowerDon and third parties
  • Using the Services only for lawful purposes
  • Providing accurate information when required
  • Maintaining the confidentiality of your account information
  • Reporting any issues or problems with the Services promptly
  • Paying all fees and charges associated with your use of the Services

You agree not to interfere with or disrupt the Services or servers connected to the Services, or violate any requirements, procedures, policies, or regulations of networks connected to the Services.

8. Liability and Indemnification

8.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWERDON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

Our total liability to you for any claims arising from or related to these Terms or the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

8.2 Device Compatibility and Safety

While our power banks are designed to be compatible with most electronic devices, we do not guarantee compatibility with all devices. You use our power banks at your own risk, and we are not responsible for any damage to your devices resulting from normal use of our Services.

8.3 Indemnification

You agree to indemnify, defend, and hold harmless PowerDon, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees(including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

9. Intellectual Property Rights

9.1 PowerDon's Intellectual Property

The Services, including all content, features, functionality, software, text, displays, images, video, audio, design, selection, and arrangement, are owned by PowerDon and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

9.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content, except as expressly permitted by these Terms or with our prior written consent.

10. Content Submission and User-Generated Content

10.1 User Content

Our Services may allow you to submit, post, or transmit content such as reviews, comments, feedback, or other materials ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Services.

10.2 Content Standards

All User Content must comply with applicable laws and must not:

  • Be defamatory, obscene, offensive, or harmful
  • Infringe on the rights of others
  • Contain viruses or malicious code
  • Violate any applicable laws or regulations
  • Be used for spam or unauthorized advertising

10.3 Content Monitoring

We reserve the right, but have no obligation, to monitor, review, and remove User Content that violates these Terms or is otherwise objectionable, at our sole discretion and without notice.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction, in compliance with applicable data protection laws including the General Data Protection Regulation (GDPR).

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to contact our customer support team at support@powerdon.com to resolve any issues informally. We are committed to working with you to resolve disputes in a fair and timely manner.

12.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the applicable arbitration institution in the jurisdiction specified in Section 13.

12.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and PowerDon individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Amsterdam, Netherlands, and you hereby consent to personal jurisdiction and venue therein.

If you are a consumer residing in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately, and you must return any rented power banks.

You may terminate your account at any time by contacting our customer support. Termination does not relieve you of any obligations to pay outstanding fees or return rented equipment.

15. Force Majeure

PowerDon shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and PowerDon concerning the Services and supersede all prior or contemporaneous communications and proposals.

18. Contact Information

If you have any questions about these Terms or our Services, please contact us:

PowerDon B.V.

Email: legal@powerdon.com

Customer Support: support@powerdon.com

Phone: +31 (0) 20 123 4567

Address: Luzacstraat 7A01
3038 VT Rotterdam
The Netherlands

By using PowerDon's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. These Terms are effective as of the date first written above and will remain in effect until modified or terminated in accordance with the provisions herein.