Rental Agreement
Effective Date: August 1, 2025
Please read this agreement carefully. It is a legally binding rental agreement, waiver of liability, release, assumption of risk, covenant not to sue, and arbitration agreement.
This Agreement governs your rental and use of any vehicle, charger, lock, battery, or related equipment made available through the Levy platform. This Agreement is between you and Levy Electric Inc. ("Levy"). By unlocking, renting, riding, charging, parking, storing, or otherwise using any such vehicle or equipment, you ("Rider," "you," or "your") agree to all terms of this Rental Agreement, Waiver of Liability, Release, Assumption of Risk, Covenant Not to Sue, and Arbitration Agreement ("Agreement").
In this Agreement, "Services" include: (1) the mobile application, website, or booking flow used to access the rental, (2) the rented vehicle or vehicles, (3) any charging, locking, telematics, or support services connected with the rental, and (4) all related information, hardware, software, equipment, and operational services made available by Levy, its affiliates, local fleet operators, contractors, or other service providers.
Important Notice: This Agreement includes a broad release of claims, a covenant not to sue, warranty disclaimers, an assumption of risk, an indemnity, and a binding arbitration and class action waiver for claims that are not otherwise waived or prohibited by law. Your insurance may not cover vehicle-related damages, theft, losses, or injuries.
Non-Eligibility for Refunds
Refunds are generally limited to documented malfunctions that directly prevent normal operation. Because riders can usually end a trip immediately and stop further billing, refunds may be denied where a rider continues to use the vehicle after claiming an issue. Refund requests may require supporting evidence, and you remain responsible for ending the trip promptly if you believe the vehicle is unsafe or malfunctioning.
1. General Rental and Use of Vehicle
1.1 Contracting Parties and Sole User
This Agreement is between Rider and Levy. Certain vehicles and related services may be deployed, staged, maintained, charged, stored, retrieved, or otherwise supported by local fleet operators and other third parties acting in connection with the Services. Those persons and entities are not parties to this Agreement unless Levy expressly states otherwise in the rental flow. Rider is the sole renter and sole authorized user of any vehicle activated under Rider's account, and may not allow any other person to use the activated vehicle unless expressly permitted through the Services for an authorized group-ride or multi-rider product.
1.2 Rider is At Least 16 Years Old and Legally Competent
Rider represents and certifies that Rider is at least 16 years old, is legally competent to enter this Agreement, and will comply with all age, license, and eligibility requirements applicable in the jurisdiction where the rental occurs.
1.3 Rider is a Competent Vehicle Operator
Rider represents being familiar with operation of the rented vehicle and reasonably competent and physically fit to operate it safely. By choosing to rent or ride, Rider accepts responsibility for determining whether weather, visibility, traffic, road surface, battery level, charging status, physical condition, or any other circumstances make use of the vehicle unsafe.
1.4 Vehicle and Related Equipment Remain the Property of Levy or Its Providers
Vehicles and related equipment remain the property of Levy and/or its lessors, local fleet operators, fleet owners, hardware providers, licensors, or service providers. You must not dismantle, modify, repair, disable, remove, obscure, or deface any vehicle, battery, charger, lock, telematics device, QR code, decal, serial number, or other related equipment.
1.5 Vehicle Operating Hours and Availability
Vehicles may not be available 24 hours a day, 7 days a week, or 365 days per year. Availability is never guaranteed. Levy or its local fleet operators may impose business-hour, geofence, charging, return-location, or other operational restrictions that appear in the app, booking flow, or fleet instructions, and you agree to follow them.
1.6 Rider Must Follow Laws
You must comply with all laws, ordinances, rules, and regulations relating to traffic, pedestrians, parking, charging, micromobility, electric vehicles, helmets, insurance, licensing, and public or private property. You must also operate courteously and with reasonable care for other people and property.
1.7 Prohibited Acts
You agree that you will not:
- Operate while carrying items that materially impair balance, visibility, control, or safe operation
- Place heavy, unstable, or hazardous objects on handlebars or other vehicle components
- Use a cellular phone, text device, or other distracting device while riding if doing so is unsafe or unlawful
- Operate under the influence of alcohol, cannabis, medication, drugs, or any other impairing substance
- Carry another person, child, pet, or oversized cargo unless the vehicle is specifically designed and authorized for that use
- Leave the vehicle unlocked or unsecured where locking or secure storage is required by Levy, the rental flow, or local fleet operator instructions
- Park on unauthorized private property, in locked or restricted spaces, across curb ramps, in fire lanes, or in any unlawful, unsafe, or prohibited location
- Use the vehicle for racing, stunts, tricks, competitions, towing, courier use, unauthorized commercial use, or any illegal purpose
1.8 Vehicle is Intended for Only Limited Types of Use
Vehicles are intended only for their ordinary, lawful, on-label use. Do not use a vehicle off-road, on terrain or surfaces for which it is not intended, through deep water or flood conditions, or in any prohibited, illegal, or hazardous location. Do not sub-rent, lend, sell access to, or otherwise use the vehicle for hire or reward unless Levy expressly authorizes that use in writing or through the Services.
1.9 Weight and Cargo Limits
You must not exceed the posted weight limit for the vehicle. If no different limit is posted, you must not exceed 275 pounds total rider and cargo weight.
1.10 No Tampering
You must not tamper with, attempt to gain unauthorized access to, reverse engineer, disable, bypass, or misuse any vehicle, account, lock, charger, battery, app, payment flow, or related service.
1.11 Reporting of Damage or Crashes
You must promptly report accidents, crashes, damage, injuries, unsafe conditions, stolen or lost vehicles, battery incidents, or malfunctions through the app, booking flow, posted support contact, or support channel provided for the rental. For incidents involving injury, material property damage, theft, or criminal activity, Rider must also make any legally required report to the appropriate authorities.
Rider is responsible for losses, liabilities, costs, claims, fines, penalties, fees, damage, and expenses arising from Rider's misuse of the vehicle or Rider's failure to secure, return, or report the vehicle or related equipment. Your automotive, property, liability, or other insurance may not cover incidents involving the rented vehicle or related equipment.
1.12 Rider Responsibility for Vehicle Use and Damage
You must return the vehicle and all related equipment in substantially the same condition in which rented, normal wear and tear excepted. You are responsible for loss of or damage to the vehicle or related equipment beyond normal wear and tear, whether accidental, intentional, or resulting from misuse, neglect, improper charging, improper storage, or violation of this Agreement.
1.13 Electric Vehicle and Charging Risks
Electric vehicles require periodic charging and involve battery, fire, electrical, and performance risks. You understand and accept that:
- Battery charge decreases with use, temperature, terrain, payload, riding style, and other conditions
- Speed, power, and range may decline or stop without warning
- Battery level at the start of a rental is not guaranteed
- Operating time and travel distance are never guaranteed
- Charging may only be performed in the manner authorized by Levy, the rental flow, or local fleet operator instructions and using suitable, lawful power sources
- Improper charging, handling, storage, or transport may cause damage, fire, electric shock, or other harm
1.14 Charging of Vehicle
If power runs out during the rental, you must conclude the ride or follow Levy's instructions, the rental flow, or the applicable support channel. Rider may not charge the vehicle unless Levy or the rental flow expressly authorizes it. If Rider charging is authorized, you may only use manufacturer-approved or Levy-approved charging equipment in a safe and lawful manner. Rider remains responsible for all costs, fees, penalties, fines, damage, and liabilities arising from Rider-performed charging or misuse.
1.15 Group Rides
If the Services permit a Rider to unlock or reserve multiple vehicles for a group, the primary Rider is responsible for all charges, losses, damage, and claims arising from any such group rental to the maximum extent permitted by law, and represents that each participant is eligible to ride and has agreed to the required terms before riding.
2. Payment and Fees
2.1 Fees
Rentals are charged at the rates shown in the app, booking flow, kiosk, or other published pricing for the rental. Charges may include time, distance, reservation, damage, pickup, cleaning, late return, out-of-zone, parking, recovery, toll, tax, governmental, service, processing, and other amounts authorized by this Agreement or the published pricing.
2.2 Missing Vehicle, Theft, Recovery, and Replacement Charges
Vehicles not timely returned, not located, or not recoverable may be deemed lost, stolen, or abandoned. Rider may be charged continuing rental amounts, recovery expenses, administrative costs, and replacement value up to the maximum amount permitted by law and the applicable pricing or fleet policy.
2.3 Pick Up, Cleaning, and Improper Return Fees
If Rider requests or requires pickup, returns outside the authorized service area, leaves the vehicle at an improper location, returns the vehicle after hours without authorization, returns the vehicle unclean or unsafe, or abandons the vehicle, Rider may be charged pickup, cleaning, towing, recovery, or additional usage fees.
2.4 Promo Codes
Promo codes or discounts are limited offers subject to their stated terms. They may be modified, suspended, or canceled at any time unless prohibited by law, and may be limited to one per customer, non-combinable, non-transferable, and non-resellable.
2.5 Payment Authorization, Security Holds, and Chargebacks
Rider must maintain a valid payment method and authorizes Levy, its payment processors, and their respective collection agents to charge that payment method for all amounts due under this Agreement, including post-rental adjustments, fees, tolls, violations, chargeback fees, and damage-related charges authorized by law and this Agreement. Invalid chargebacks may result in additional fees, collection activity, account suspension, and refusal of future rentals.
2.6 Damage, Vandalism, and Lost Items
Rider is responsible for repair, replacement, cleaning, towing, downtime, administrative, and related costs arising from Rider-caused damage, vandalism, missing parts, improper charging, improper storage, lost accessories, or theft occurring during Rider's rental or custody to the extent permitted by law.
3. Additional Terms of Use
3.1 Safety Check
Before each use, conduct a basic safety inspection including:
- Wheel trueness
- Brake and light operation
- Frame condition
- Sufficient battery charge
- Damage, unusual wear, or mechanical issues
Do not ride if any noticeable issue exists. Report the issue immediately and do not use the vehicle until cleared or replaced by Levy or the applicable support channel.
3.2 Lost or Stolen Vehicle
A vehicle may be considered lost or stolen if it is not returned or located within a commercially reasonable time after the rental should have ended, if tracking or locking equipment is disabled or removed, or if other circumstances reasonably suggest loss, theft, or abandonment. The last Rider with custody of the vehicle may be held responsible for that loss to the extent permitted by law.
3.3 Helmets and Safety
Use an appropriate helmet, such as one certified under CPSC, Snell, ANSI, ASTM, or similar recognized standards, and any other protective equipment required by law or prudent under the circumstances. Neither Levy nor any local fleet operator or service provider represents or warrants the safety, condition, or effectiveness of any helmet or protective equipment supplied by a third party, and Rider assumes all risks associated with failure to wear proper protective equipment.
3.4 Vehicle Routes
Neither Levy nor any local fleet operator or service provider provides or maintains every place where a vehicle may be ridden, parked, stored, or charged, and none of them guarantees that any route, lane, sidewalk, street, path, parking area, or charging area will always be safe, available, lawful, or suitable.
3.5 Limitations on Vehicle Rental
The Services are provided only as a convenience and not as common-carrier transportation. Alternative transportation is available. Rentals are offered only to users who are able and qualified to operate the vehicle safely and who agree to all required terms.
3.6 Limitations on Availability
Neither Levy nor any local fleet operator or service provider guarantees that the Services will always be available, error-free, charged, unlocked, connected, or suitable for any specific purpose. Levy, including through local fleet operators or service providers, may require return of a vehicle or termination of a rental at any time where reasonably necessary for safety, compliance, maintenance, recovery, or operations.
4. Termination
Levy, including through its local fleet operators or service providers, may suspend or terminate Rider's access to the Services or any rental at any time where reasonably necessary for safety, fraud prevention, compliance, collections, recovery, operations, or violation of this Agreement. Rider may terminate a rental as permitted by the applicable product flow, but no refund is owed except as expressly required by law or Levy policy. Provisions that by their nature should survive termination do survive, including payment, release, indemnity, dispute resolution, and limitation-related provisions.
5. Personal Information
5.1 Collection and Use of Personal Information
Personal information collection and use is described in our Privacy Policy. Levy and its service providers may collect, receive, use, disclose, and retain information about Rider, the rental, vehicle location, trip routes, charging status, battery status, odometer readings, images, device identifiers, and driving or usage information as described in that policy and as otherwise permitted by law.
5.2 Text Messages and Phone Calls
To the extent permitted by law, Rider agrees that Levy and its service providers may contact Rider regarding the rental, account, safety, support, collections, and operational matters by phone, SMS, email, push notification, or other lawful means at the contact information Rider provides. Promotional communications remain subject to applicable consent requirements and opt-out rights.
6. Notice
Rider must provide accurate and current account, payment, and contact information. Notices to Rider may be delivered through the app, website, booking flow, kiosk, email, SMS, or other contact information associated with the account. Rider may contact support through the support channel identified in the rental flow or at support@levyelectric.com.
7. Choice of Law and Dispute Resolution
Except to the extent prohibited by applicable consumer law, this Agreement is governed by the laws of the State of Delaware, excluding conflict-of-laws principles.
8. Binding Arbitration and Class Action Waiver
Read this carefully — it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury trial for claims that are not otherwise released or waived by this Agreement.
8.1 Initial Dispute Resolution
Before starting arbitration or litigation regarding any claim that is not otherwise barred, released, or waived by this Agreement, Rider must first submit the issue through the available support channel and provide a reasonable opportunity for informal resolution.
8.2 Binding Arbitration of Non-Waived Claims
Any dispute, claim, or controversy that is not otherwise waived, released, or prohibited by this Agreement and that arises out of or relates to the rental, vehicle, Services, charges, payments, support, privacy, injury, damage, or this Agreement shall be resolved on an individual basis by binding arbitration, except to the extent Rider or a Released Party may bring an individual matter in small claims court. The arbitrator shall have authority to decide gateway issues of arbitrability and enforceability except where applicable law reserves such issues to a court.
8.3 Arbitration Procedures
Arbitration shall proceed under the rules of a nationally recognized arbitration provider selected by the party commencing arbitration unless the parties agree otherwise, and shall be conducted in a manner consistent with applicable consumer-protection law.
8.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, RIDER AGREES THAT ANY NON-WAIVED CLAIM SHALL BE BROUGHT ONLY IN RIDER'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
8.5 Small Claims and Injunctive Relief
Nothing in this Section prevents Rider or a Released Party from bringing an individual claim in small claims court if eligible, or seeking provisional or injunctive relief to protect safety, security, intellectual property, property interests, or lawful collection rights.
8.6 Opt-Out Right
Rider may opt out of this arbitration section within 30 days after first accepting this Agreement by sending a clear written notice that includes Rider's full name, account phone number or email, and a statement that Rider wishes to opt out of arbitration to support@levyelectric.com. Opting out of arbitration does not affect the release, waiver, covenant-not-to-sue, indemnity, class action waiver, or any other provision of this Agreement to the extent permitted by law.
9. General Provisions
Waiver and Severability
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or provision. If any provision is held invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in effect.
Cumulative Remedies
Except where this Agreement expressly limits or waives claims, all rights and remedies under this Agreement are cumulative and nonexclusive.
Final Agreement, Modification, and Third-Party Beneficiaries
This Agreement constitutes the complete agreement regarding the rental and supersedes prior discussions regarding its subject matter. Levy may modify this Agreement by posting an updated version or presenting updated terms through the rental flow. Continued use after notice of updated terms constitutes acceptance to the extent permitted by law. Released Parties are intended third-party beneficiaries of the release, waiver, covenant-not-to-sue, arbitration, class action waiver, disclaimer, and indemnity provisions of this Agreement and may enforce those provisions directly.
10. Release, Waiver, Covenant Not to Sue, Disclaimer, and Assumption of Risk
In exchange for being permitted to access or use the Services, Rider agrees, to the fullest extent permitted by law, to release, waive, discharge, and covenant not to sue Levy, its parents, subsidiaries, affiliates, owners, members, managers, officers, directors, employees, local fleet operators, contractors, agents, representatives, insurers, payment processors, collection agents, licensors, lessors, fleet owners, vehicle providers, hardware providers, software providers, charging providers, property owners, hosts, municipalities, public agencies, sponsors, successors, and assigns (collectively, the "Released Parties") from and against any and all claims, demands, disputes, causes of action, liabilities, damages, losses, fines, penalties, costs, and expenses arising out of or relating to the rental, vehicle, equipment, Services, parking, charging, storage, support, payments, fees, account access, or this Agreement, including claims based on ordinary negligence, premises liability, negligent maintenance, negligent instruction, breach of contract, or breach of express or implied warranty.
This release, waiver, and covenant not to sue does not apply to claims to the extent caused by a Released Party's gross negligence, reckless conduct, willful misconduct, fraud, or any other liability that may not be waived or released under applicable law.
To the fullest extent permitted by law, the Services, vehicles, and related equipment are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, safety, availability, accuracy, or uninterrupted use.
Rider understands that use of the Services involves obvious and non-obvious risks, dangers, and hazards that may result in property damage, battery damage, electric shock, fire, loss, theft, personal injury, serious bodily injury, or death to Rider or to others. These risks include, without limitation: vehicle malfunction; brake or tire failure; battery failure or thermal event; charger misuse; road or sidewalk defects; debris; weather; visibility; theft; unsafe or illegal parking; acts or omissions of Rider, passengers, pedestrians, drivers, property owners, contractors, local fleet operators, municipalities, or other third parties; and negligent acts or omissions of any Released Party to the extent such negligence may legally be released.
Rider is solely and fully responsible for the safe operation, lawful parking, proper charging, secure storage, and timely return of the vehicle at all times.
10.1 Rider Indemnity
To the fullest extent permitted by law, Rider agrees to defend, indemnify, and hold harmless the Released Parties from and against any third-party claims, demands, actions, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to Rider's breach of this Agreement, Rider's unlawful conduct, Rider's misuse of the vehicle or Services, Rider's failure to secure or return the vehicle, Rider's parking or charging conduct, Rider's bodily injury or property damage, or Rider's use of the vehicle or Services except to the extent finally determined to have been caused by a Released Party's gross negligence, reckless conduct, willful misconduct, fraud, or other non-waivable liability.
Rider Acceptance of Agreement
By using the Services, Rider certifies and agrees that Rider:
- Has read and expressly agrees to this Agreement, including the release, waiver, covenant not to sue, arbitration, class action waiver, indemnity, disclaimer, and assumption of risk provisions
- Understands that this Agreement limits Rider's legal rights and remedies to the fullest extent permitted by law
- Is familiar with vehicle operation and is reasonably competent and physically fit to ride
- Is an authorized rider and meets all age, legal, and safety requirements applicable to the rental
- Will wear a helmet and other protective gear as required by law or prudent under the circumstances
- Will obey all traffic, parking, charging, and vehicle laws and all Levy, app, rental flow, and local support instructions
- Assumes the risks of using the Services and rides at Rider's own risk
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