Monthly Subscription Agreement

Effective Date: October 1, 2024

Parties. This Monthly Subscription Lease Agreement (the “Agreement”) is between Levy Electric Inc. d/b/a Levy (“Levy,” “we,” “us,” or “our”) and the individual identified in your Levy account (“Subscriber,” “you,” or “your”). Title to all equipment remains with Levy at all times.

1) Key Terms

• Program & Location. Subscriptions are available in New York. Pickup/return occurs in person at Levy’s designated NYC location listed in the Levy app (currently 653 E 14th Street, New York, NY 10009) during posted business hours.
• Included Items. One electric scooter, one charger, and one lock/keys (collectively, the “Equipment”).
• Monthly Fee. The monthly subscription fee for your selected model is shown in the Levy app (e.g., Levy: $70/mo; Levy Plus: $90/mo; taxes included unless stated otherwise). Fees may change on 30 days’ notice.
• Term & Auto‑Renewal. This is a month‑to‑month lease that automatically renews every month until you cancel. No prorations for partial months.
• Cancellation & Return. Cancel any time in‑app and return Equipment by the last day of your current billing period. You remain responsible for custody and charges until Equipment is physically checked in by Levy staff.
• Age & Identity. You must be 18+ and provide accurate identity information. A valid payment method is required at all times.

2) Payments, Failures, and Default

• Authorization. You authorize Levy to auto‑charge your payment method for: (1) monthly subscription fees; (2) taxes/assessments; (3) approved add‑on services; and (4) amounts due under this Agreement (e.g., fees, damage, loss).
• Late/Failed Payments. If a charge is declined, Levy may re‑attempt and notify you. A payment is late if not cured within 10 days of the due date. Returned/chargebacked payments may incur an administrative fee of $30 and reasonable rebilling/collection costs.
• Default (any of the following): (a) failure to pay any amount when due and uncured for 10 days; (b) chargeback not reversed within 5 days; (c) failure to return Equipment promptly upon cancellation or upon Levy’s demand; (d) loss/theft, tampering, or misuse; or (e) any other material breach.
• Acceleration & Default Balance. Upon Default, all amounts you owe become immediately due, including (i) the unpaid monthly charges, (ii) fees and costs (see §7), and (iii) a Default Balance of up to $1,100 (the current scooter replacement value) minus any documented amounts Levy designates as applied toward purchase/retention (if applicable). Levy may offset any security deposit or credits and will reduce the Default Balance by the value of any recovered Equipment.
• Remedies. In Default, Levy may remotely disable Equipment, report delinquency to credit bureaus, assign/sell the account, and pursue collection (including reasonable attorneys’ fees and costs permitted by law). Levy may also retrieve Equipment from your possession/last known location in a peaceable manner.

3) Credit Reporting & Communications

• Furnishing. You authorize Levy to furnish information about your account (e.g., on‑time payments, delinquencies, defaults, collections) to one or more consumer reporting agencies. Late or missed payments and defaults may negatively affect your credit.
• Negative‑Info Notice. If Levy reports negative information about you to a consumer reporting agency, we may send you a notice as required by law.
• No Hard Pull for Approval. Levy does not use a credit report to approve subscriptions. We may obtain or use consumer reports later for identity verification, account maintenance, fraud prevention, or collection, as permitted by law.
• Communications Consent. Unless you opt out, you agree Levy may contact you at numbers/emails you provide via call, text/SMS (including autodialed), push, or email for account/service matters. You can opt out per the instructions in messages.

4) Use, Care, and Loss

• Sole User & Custody. You are the sole authorized user and are responsible for the Equipment while in your custody. Do not sublease or share.
• Safety & Prohibited Acts. Follow all laws and ride safely (helmet strongly recommended); no riding under the influence; no passengers; no stunts or off‑road; obey weight limit (275 lb); no tampering/unauthorized repairs.
• Normal Wear vs. Damage. Levy covers normal wear and tear (e.g., flats, worn brakes, minor scratches). You are responsible for damage, missing accessories, and cleaning beyond normal wear.
• Theft/Loss. Lock the scooter when unattended. If lost or stolen, file a police report immediately and notify Levy. You are responsible for up to the replacement value (currently $1,100), less any recovery.
• Service/Swap. If your scooter is not working, bring it to Levy’s location for service or replacement at no extra cost for normal wear. Do not operate a malfunctioning scooter.

5) Returns & Ongoing Billing

• Return Procedure. Return in person during posted hours. Equipment remains your responsibility until physically checked in by Levy.
• Non‑Return / Ongoing Billing. If you fail to return Equipment when due (including after cancellation), the monthly subscription fee will continue to bill each month until Equipment is returned and checked in by Levy. Failure to pay and/or failure to return constitutes Default (§2), and Levy may remotely disable and retrieve the Equipment.

6) Optional Purchase Credit (Rent‑to‑Own Discount)

After 90 days of continuous subscription, you may elect to purchase a new Levy or Levy Plus scooter with a 20% discount off the then‑current retail price. This discount is a separate option and does not confer ownership of the subscribed scooter.

7) Fees & Schedule A (subject to change)

• Monthly fee: shown in app for the selected model (e.g., $70/mo Levy, $90/mo Levy Plus).
• Ongoing billing on non‑return: monthly subscription fee continues until Equipment is returned and checked in.
• Administrative fee on invalid chargebacks/returns: $30.
• Pickup/Drop‑off fee: Not applicable.
• Replacement value (current scooter): $1,100.

Levy may update Schedule A on 30 days’ notice.

8) Privacy & Data; Location Services

We collect, use, and share personal information per our Privacy Policy (see levyelectric.com). Equipment may transmit location, charge state, and usage/diagnostic data. You consent to such collection and use to provide, secure, and enforce the service (including loss recovery and Default remedies).

9) Liability, Assumption of Risk, and Indemnity

Riding involves risks (traffic, weather, component failure, etc.). You assume all risks of riding except to the extent caused by Levy’s gross negligence or willful misconduct. To the fullest extent permitted by law, Levy disclaims implied warranties, and limits liability for incidental/consequential damages. You agree to indemnify and hold Levy harmless from claims arising from your breach, misuse, or unlawful acts.

10) Termination; Suspension

Levy may suspend or terminate your subscription for safety, non‑payment, suspected fraud, or breach. You may cancel anytime; no refunds for partial months.

11) Dispute Resolution; Governing Law

• Governing Law & Venue. New York law governs. Exclusive venue for court proceedings is New York County, NY.
• Arbitration & Class Waiver. Except for small‑claims or IP claims, any dispute will be resolved by binding arbitration (e.g., JAMS) on an individual basis; no class or representative actions. You may opt out within 30 days of first use by mailing written notice to Levy Electric Inc., 653 E 14th Street, New York, NY 10009.

12) Miscellaneous

Entire agreement; severability; no waiver; assignment by Levy permitted; force majeure; electronic signatures/consent are binding; headings are for convenience only.

Exhibit A — Safety & Use Rules (Incorporated by Reference)

• Wear a helmet where required/recommended; ride defensively; follow all traffic laws.
• Do not ride under the influence of alcohol/drugs; no passengers; no stunts/off‑road.
• Park lawfully, visibly, and lock when unattended.
• Inspect before each ride (brakes, tires, frame, lights, charge). Do not ride if unsafe.
• Report incidents, loss, or malfunction to support@levyelectric.com or (917) 409‑7081 immediately.