Term of Service 

These Terms of Service (“Terms”) govern the following services provided by HYE Charge. (“HYE Charge” or “our”):

• Services. Our “Services” include our mobile application, our website: www.hyecharge.com, and our overall technology platform, as well as the provision of your Account (as defined below) and any communications between us (“Services”).

• Rentals. The Services facilitate the temporary rental of portable chargers intended for usage with portable devices (“Chargers”) from physical HYE Charge installations situated at various locations (“Stations”), either on a paid basis or under special terms and conditions (collectively, “Rentals”).

  • Payments. Paid Rentals are priced using the pricing information specified by the Services at the time a Rental begins. See Sections 1 and 2 to learn more.

  • Risks. Rentals require you to assume risks, understand limits, and meet conditions. Any decision to make a Rental is in your sole discretion. See Section 1(c) to learn more.

These Terms are a legal agreement between you (“you”) and HYE Charge. You must be 18 or older to use the Services. These Terms incorporate our Privacy Policy and any other policies or guidelines we make available to you through the Services. 

By using the Services or initiating a Rental, you agree to these Terms. If you do not agree to these Terms, do not use the Services.

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1. Rentals

1.1 Starting a Rental. Depending on your location and the Station types nearby, you may be able to initiate a Rental in the following ways:

1.1.1. App. You may initiate a Rental by logging into your Account from our App, selecting the Station at your present location, and initiating a Rental. Pricing is displayed on the App at the time you initiate a Rental.

1.1.2. Text. You may initiate a Rental by texting the Services using the number displayed on a Station. By texting us, you consent to allow us to text you to complete the Rental, such as texting you information about pricing and notifications about deadlines to return the Rental. You may opt out of receiving text message communications from HYE Charge at any time by following the instructions listed in the “Your Rights” section of our Privacy Policy.

1.1.3. Credit Card. Certain Stations allow you to initiate a Rental by inserting a payment card into the Station. Pricing is displayed on the Station at the time you initiate a Rental.

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1.2 Pricing & Fees

1.2.1. Rental Pricing. Rentals are priced at the cost that the Services quote to you at the time of your Rental via the App (“Pricing”). Pricing varies based on the location and Station of the Rental. You will always be notified of Pricing before you initiate a Rental. You will not incur any costs until you initiate a Rental.

1.2.1.1Maximum Price for Rental. The maximum amount you will be charged in respect of a completed Rental is $40, unless:

i. Otherwise notified to you through a Station screen or our App; and/or

ii. A Loss Fee is payable.

1.2.2. Loss Fee. If you do not return a Charger within the maximum Rental period (generally 48 hours), or if the Charger is permanently damaged, you may be charged a Loss Fee.

1.2.2.1 The Loss Fee will be notified to you at the time of Rental. If no Loss Fee is specified, the default Loss Fee is $45.

1.2.3 Promo Codes. HYE Charge may offer promotional codes (“Promo Codes”) for discounts or credits on Rentals. These codes must be used for their intended purpose and may be revoked or disabled at any time.

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1.3  Conditions of Rental

1.3.1 You must be 18 years or older to rent a Charger.

1.3.2 You are solely responsible for checking the condition of the Charger before use.

1.3.3 Chargers are only to be used for charging compatible electronic devices.

1.3.4 You assume all risks associated with using the Charger.

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​​2. Payments

2.1 Payment Methods. You must provide a valid credit card, debit card, or other payment method to use the Services.

2.2 Authorization. By adding a payment method, you authorize HYE Charge to charge all fees related to Rentals and other Services.

2.3 Preauthorization. A $30 charge may be preauthorized at the time of Rental, which will be adjusted upon return of the Charger.

2.4 Disputed Charges. If you dispute any charge, you must notify HYE Charge within ten (10) business days of the charge.

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3. Access, License, and Use

3.1 Account. You must register an account with HYE Charge to access certain features. You agree to provide accurate and up-to-date information.

3.2 Restrictions. You may not misuse the Services, including attempting to modify, copy, or reverse-engineer any part of the Services.

3.3 Trademarks. All trademarks and branding related to HYE Charge are the exclusive property of HYE Charge.

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4. Disclaimers

4.1 Use at Your Own Risk. HYE Charge provides Chargers and Stations “as is.” We do not guarantee that the Services will be error-free or uninterrupted.

4.2 No Indirect Damages. HYE Charge is not responsible for indirect damages, such as lost profits or damage to your device.

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5. Arbitration and Dispute Resolution

5.1 Binding Arbitration. Any dispute between you and HYE Charge will be resolved through binding arbitration in San Diego, California.

5.2 Class Action Waiver. You waive any right to bring a class action lawsuit against HYE Charge.

5.3 Opt-Out. You have 30 days to opt out of the arbitration agreement by notifying HYE Charge in writing.

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6. Indemnity

You agree to indemnify and hold harmless HYE Charge from any claims, liabilities, damages, or costs related to your use of the Services.

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7. Privacy

Your use of HYE Charge is subject to our Privacy Policy found at hyecharge.com/privacy-policy.

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8. Miscellaneous

8.1 Updates to Terms. We may modify these Terms at any time, and continued use of the Services constitutes acceptance of the updated Terms.

8.2 Force Majeure. HYE Charge is not liable for delays caused by events beyond our control.

8.3 Applicable Law. These Terms are governed by the laws of the State of California.

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9. Contact U. If you have any questions about these Terms, please contact us at hello@hyecharge.com via mail at 325 W Washington St, Suite 2#3080, San Diego, CA 92103

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