Terms of service

Last updated: April 27, 2026.

Welcome to Beyond Power. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully.

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of our official website, Beyond+, and related services provided by Beyond Power Inc. (“Beyond Power,” “we,” “us,” or “our”). You agree to comply with these Terms and any supplemental terms which Beyond Power makes available to you on the Services which shall form part of the Terms.

BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services.

These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, and protect personal data. To provide the Services, we may process certain information about you in accordance with applicable law and our Privacy Policy. Certain processing activities may be necessary for us to operate, maintain, and provide the Services.

Notice Regarding Dispute Resolution

These Terms contain provisions that govern how disputes between you and Beyond Power are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Beyond Power on an individual basis, unless you opt-out in accordance with the instructions below.

2. Registration and Accounts

The Services are intended only for individuals who are permitted to use them under applicable law and our Privacy Policy. If you are not legally able to enter into these Terms on your own behalf, a parent, guardian, or other authorized representative must review and agree to these Terms for you, where permitted by applicable law.

To use the Services, you must register. You agree to provide true, accurate, current and complete information about yourself. You agree that Beyond Power may use your data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any data that is inaccurate or not current, or Beyond Power has reasonable grounds to suspect that such data is inaccurate or not current, Beyond Power has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Beyond Power of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand the inherent risks of unauthorized access to data and any other information or content you provide to Beyond Power.

You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Beyond Power to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

3. Purchases; Additional Terms and Conditions

Purchases of goods or services, and specific sections of the Beyond Power may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Beyond Power products or services. If there are any conflicts between these Terms and terms that are specific to a section of the Beyond Power products or specific to a particular service offered by the Beyond Power, you agree that the latter terms will control with respect to your use of that section of the Beyond Power or those particular services.

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Beyond Power) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://www.beyond-power.com. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account.

Except as required by applicable law, or as otherwise expressly stated in these Terms or in any applicable service-specific terms, payments are non-refundable and non-creditable. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via https://www.beyond-power.com.

4. Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Beyond Power. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services.

YOU AGREE THAT BEYOND POWER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

Beyond Power or third parties may provide links to other internet sites or resources through the Services. To the fullest extent permitted by applicable law, Beyond Power does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Beyond Power is not responsible for the availability of such external sites or resources.

5. Using Products or Services

By using Beyond Power Products and Services, you represent and warrant that your use complies and will comply with all applicable laws, statutes, and regulations in your jurisdiction. Beyond Power reserves the right to review, remove, or disable access to content in violation of applicable laws and regulations, and welcomes users to report any content that may violate applicable laws.

Beyond Power operates globally and complies with applicable laws in the jurisdictions in which it operates. We may limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction at our discretion, including where required by applicable law.

6. Fitness-Related Content

You acknowledge and agree that Beyond Power is not a healthcare provider or fitness instructor; that the Services (including any recommendations and any information available through the Services that may be personalized) may not be appropriate for you, and does not constitute or replace medical advice; and that to the fullest extent permitted by applicable law, Beyond Power is not responsible for any results that may (or may not) be obtained from the use of the Services.

You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment or disability that may prevent or limit your ability to use the Services. You further understand and agree that you are solely responsible for abiding by your personal physician's recommendation as to any such medical restrictions, and for using the Services solely in accordance with your personal physician's advice.

The Services are not intended for use in the diagnosis, treatment, cure, mitigation, or prevention of any disease or medical condition, and must not be relied upon in any emergency or time-critical situation. If you believe you are experiencing a medical emergency, contact emergency services or a qualified healthcare professional immediately.

7. Product Safety Instructions and Usage Restrictions

By using Beyond Power products or services you agree:

1. Do not leave the product unattended while in the unstowed position.
2. Do not cover VOLTRA I with a blanket or any covering. Overheating VOLTRA may cause fire, electric shock, or injury to people.
3. During use, the motor may generate high temperatures, with a high temperature of 140°F (60°C) or above. After use, avoid touching the motor, allowing it to cool before dismounting or moving.
4. Never use VOLTRA I under the influence of alcohol or drugs.
5. This product should be used only by individuals who can safely operate it as intended. Persons who require supervision, assistance, or instruction to use the product safely should do so only under appropriate supervision and after receiving proper guidance. Users should consult a qualified professional where they have any condition or limitation that may affect safe use.
6. Use this product only for its intended use as described in this manual. Do not use attachments not recommended by the manufacturer.
7. Never operate this product if it has a damaged Type-C port, if it is not working properly, if it has been dropped or damaged, or dropped into water. Return the product to a service center for examination and repair.
8. Keep the charging cable away from heated surfaces.
9. Never operate the product with the dust cover blocked. Keep the dust cover free of lint, hair, and other debris.
10. Never drop or insert any object into any opening of VOLTRA I.
11. Avoid operating VOLTRA I where aerosol (spray) products are being used or where oxygen is being administered.
12. Do not overexert yourself or work to exhaustion. Use reasonable judgment when selecting the resistance range. Avoid using excessive resistance, which may cause injury.
13. Perform regular maintenance for optimal performance and longevity. To ensure safety, check VOLTRA I for wear and damage on a regular basis. Replace any damaged or worn parts immediately.
14. Always keep the Type-C port clean and dry. Sweat, spills, and other damage to the Type-C port may result in damage to VOLTRA I and injury.
15. Use only original parts from the manufacturer. Changes or modifications to this unit not approved by Beyond Power could void the warranty.
16. Always unplug VOLTRA I immediately after use and before cleaning or performing maintenance. Services other than the procedures described here must be performed by an authorized technician.
17. This product is intended for indoor use only. Do not store VOLTRA I outdoors, near water, at altitudes above 4000 meters, or at high humidity levels.
18. Always turn "OFF" the product before replace battery and cable by yourself.
19. Do not touch contacts together. Do not demolish or assemble the battery by yourself. Do not put the battery in the damp place to avoid danger.
20. Risk of Fire and Burns. Do not open, crush, heat above 40℃/104°F or incinerate the battery. Do not short circuit. If bulges severely, discontinue use. Follow manufacturer's instructions.

8. Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Beyond Power or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Beyond Power grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Beyond Power.

The term Beyond Power, the Beyond Power logo and other Beyond Power logos and product and service names are the exclusive trademarks of, and are owned by, Beyond Power, and you may not use or display such trademarks in any manner without Beyond Power's prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Beyond Power reserves all rights not expressly granted hereunder.

9. Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services (collectively, "Feedback"). If you provide Feedback, you grant to Beyond Power a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, distribute, create derivative works of, and publicly display such Feedback solely for the purposes of improving, developing, and promoting Beyond Power Products and Services.

This license does not affect your rights in any personal data contained in your Feedback. Where your Feedback contains personal data, we will handle it in accordance with our Privacy Policy. If you wish to exercise any rights you have under applicable data protection law in respect of personal data contained in your Feedback, including the right to deletion, please contact us at support@beyond-power.com.

For this reason, we ask that you not send Beyond Power any Feedback that you do not wish to license to us as set forth above.

10. Family Content

You may permit a minor to use the Content, including any family content, only where such use is permitted under applicable law and our Privacy Policy, and only if you remain present and actively supervise the minor at all times during such use. You are responsible for the minor's safe and lawful use of the Content.

11. Disclaimer of Warranties

To the fullest extent permitted by applicable law, we disclaim any express or implied warranty, condition, or other agreement, nor do we make any warranty or promise related to the completeness, accuracy, timeliness, or reliability of the Services and related individual services and features.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Beyond Power shall not be liable for any loss to you or anyone else caused by the inability to access or use the Services for the following reasons:

1. Any service disruption, delay, or restriction due to hacking attacks, computer viruses, blocking of unlawful or harassing information, government controls, or any other reason related to networks, technology, communication lines, or information security administrative measures;
2. Any losses or damages to the user caused by third parties due to carrier communication line malfunctions, technical problems, network or computer malfunctions, system instability, or any other reason of force majeure;
3. Beyond Power's maintenance or upgrade of the system, software, or hardware that results in the suspension or termination of this Service;
4. Service interruptions due to typhoons, earthquakes, power outages, floods, war, terrorist attacks, or any other reason of force majeure; or
5. Service interruptions, delay, or termination due to changes in laws and regulations, judicial rulings, or requirements of administrative agencies.

This Service is only for your personal use. If you, without the consent of Beyond Power, directly or indirectly authorize a third party to use your Beyond Power account and such authorization results in the loss of your personal information, you will take full responsibility for the loss and Beyond Power will not be liable.

You may choose to link your existing third-party account to your Beyond Power Account. In no case will Beyond Power be responsible for any losses caused to you by a third party.

We may access, preserve, use, or disclose your account information and content only as necessary to (a) comply with applicable law, regulation, legal process, or enforceable governmental request; (b) enforce these Terms; (c) detect, prevent, or address fraud, security, or technical issues; or (d) protect the rights, property, or safety of Beyond Power, our users, or others, where permitted by applicable law.

Beyond Power does not assume any responsibility for the disclosure of your personal information due to your misuse.

The use of Beyond Power products and services may involve some risks due to threatening, defamatory, objectionable, or illegal content disseminated by anonymous people or those impersonating others, or communication between users of the Services. Any psychological or physical injury or economic loss caused or likely to be caused by being misled or deceived by another person shall be borne by the infringing party, and Beyond Power shall not bear any liability therefor.

13. Statutory Rights

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, warranty, right, or remedy that cannot be excluded, restricted, or modified under applicable law, including but not limited to:

1. The statutory guarantees provided to consumers under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010);
2. The legal guarantees of conformity provided to consumers under applicable European Union consumer protection law, including Directive 2019/771 on the sale of goods;
3. The implied terms and statutory rights provided to consumers under the UK Consumer Rights Act 2015;
4. Any other mandatory consumer protection rights provided under the laws of your country of residence.

To the extent that our liability cannot be excluded under applicable law, our liability to you is limited to the maximum extent permitted by that law.

If you are a consumer in Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

14. Waiver

You understand that by using the Services, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of entering a gym space or any other space or environment in which the Services are made available, performing physical activity, and/or using the Product on which the Services are available. You understand that injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons using such Product, or other third parties (including third-party fitness instructors and other exercise participants), whether as a result of negligence or otherwise.

To the fullest extent permitted by applicable law, you voluntarily assume the inherent risk of loss, damage and injury to person or property that may arise from, or that is related to, your use of the Services, whether such risk is known or unknown to you.

To the fullest extent permitted by applicable law, you waive and release claims against Beyond Power and the affiliated entities arising from the inherent risks of using the Services and participating in physical activity, except to the extent such claims arise from Beyond Power's gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law. Nothing in this waiver limits your statutory rights or any rights you may have in respect of personal injury or death caused by our negligence where such rights cannot be waived under applicable law.

The waiver set out above applies to the maximum extent permitted by applicable law. If you are a consumer, nothing in this waiver affects your statutory rights under the laws of your country of residence, including any rights you may have in respect of personal injury caused by our negligence or any other liability that cannot be limited or excluded by law.

15. Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Beyond Power and the affiliated entities from third-party claims, liabilities, damages, losses, costs, and expenses arising out of (a) your misuse of the Services, or (b) your violation of these Terms. This indemnity does not apply to the extent a claim results from Beyond Power's own negligence, willful misconduct, or violation of law.

16. Cancellation and Return Policy

Order Cancellation

You may cancel your order before it has been shipped by contacting us at support@beyond-power.com. Once an order has been shipped, cancellation requests will be processed in accordance with our Refund Policy.

Returns

If you wish to return a product after receiving it, please contact us at support@beyond-power.com to initiate the return process. All returns, including eligibility, return shipping costs, and any applicable fees, are subject to our Refund Policy. In certain cases, such as defective, damaged, or incorrect items, return shipping costs may be covered by Beyond Power.

Card Processing Fee

If you request cancellation of an order after payment has been captured, a card processing fee of up to 2.5% (or up to 4.4% for PayPal payments) may be withheld from your refund to cover non-recoverable payment processing costs, where permitted by applicable law. This fee does not apply to returns initiated after delivery.

Right of Withdrawal for European Union and United Kingdom Consumers

If you are a consumer located in the European Union or the United Kingdom, you have the right to withdraw from your purchase within 14 days of receiving your order, without giving any reason (the "Withdrawal Period"). To exercise your right of withdrawal, you must notify us before the Withdrawal Period expires by contacting us at support@beyond-power.com or writing to Beyond Power, 2093 Philadelphia Pike #9965, Claymont, DE 19703, USA.

Upon valid withdrawal:

• You will be reimbursed all payments received, in accordance with applicable law, within 14 days after we receive the returned goods.
• Return shipping costs may be your responsibility unless otherwise required by applicable law or specified in our Refund Policy.
• Refunds will be issued using the original payment method, unless otherwise agreed.

Australian Consumer Rights

If you are a consumer in Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in this Policy excludes or limits these rights.

Canadian Consumer Rights

If you are a consumer in Canada, you may have additional rights under applicable consumer protection laws. Nothing in this Policy excludes or limits any mandatory rights you may have.

17. Termination

If you violate relevant laws and regulations or provisions of this Agreement, we have the right to suspend, restrict, or terminate your use of Beyond Power Account and to stop providing services to you.

We retain the right to suspend or terminate Beyond Power Account services (or any part thereof) within a reasonable period of time according to our operational needs. Users should back up all their Beyond Power Account data and information in a timely manner.

We may terminate our provision of Beyond Power Account services in order to comply with legal regulations, the results of litigation, judicial proceedings, or government requirements.

In the event of such termination of services, we will do our best to notify you through platform announcements, text message, email, or other means. However, under the following circumstances, we may immediately suspend, restrict, or terminate your access to all or part of the services without prior notice:

1. You violate the terms of this Agreement, or Beyond Power has reason to believe that you are preparing to do so;
2. You or anyone acting on your behalf engage in fraudulent or illegal activity or provide Beyond Power with false or misleading information;
3. As required in order to respond to requests from law enforcement or government agencies in accordance with a valid legal process;
4. As required in order to perform urgent system or hardware maintenance updates;
5. For unforeseen technical or security issues that materially affect the availability, integrity, or safe operation of the Services.

If content or information associated with your Beyond Power Account is alleged to infringe a third party's intellectual property rights, and Beyond Power receives a valid notice from the rights holder or its authorized representative, Beyond Power may investigate the matter and, where appropriate, remove the content, disable access to the content, suspend the relevant account functionality, or terminate the account in cases of repeated or serious infringement, in accordance with applicable law.

18. Protection of Personal Information

Beyond Power is committed to protecting your personal information. We collect, use, store, and disclose personal data in accordance with applicable law and our Privacy Policy, which is incorporated into these Terms by reference. Please read our Privacy Policy carefully. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

19. Notice for California Users

Under California Civil Code Section 1789.3, California Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

20. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Jurisdiction

Subject to the arbitration provisions in the section titled “Binding Individual Arbitration” and the special provisions for European Union users set out below, any dispute or claim between you and Beyond Power that is not subject to arbitration shall be submitted to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California. You and Beyond Power each waive any objection to the exercise of jurisdiction by these courts.

Billing and Local Entities

When completing your purchase, your billing statement will display 'beyond-power.com' together with a country code (such as 'HK' or 'UK') indicating which Beyond Power entity processed your transaction. While purchases are processed by our entity in the corresponding country, the governing law and jurisdiction provisions above apply to these Terms as a whole, unless mandatory local consumer protection laws require otherwise.

Special Provisions for European Union and United Kingdom Consumers

If you are a consumer located in the European Union or the United Kingdom, nothing in these Terms affects your right to bring claims before the courts of your country of residence, or to benefit from any mandatory consumer protection provisions of the law of your country of residence that cannot be excluded by agreement. To the extent that the laws of your country of residence conflict with the California governing law provision above, the mandatory provisions of your local law will apply.

Special Provisions for Australian Consumers

If you are a consumer located in Australia, nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law. To the extent that any provision of these Terms is inconsistent with the Australian Consumer Law, the Australian Consumer Law will prevail.

21. Binding Individual Arbitration

Disputes that must be Arbitrated

The terms apply to all Disputes between you and Beyond Power. “Dispute” means any disputes or claims (excluding those exceptions listed below) arising out of or related to this Agreement, the Services or any aspect of the relationship between you and Beyond Power, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, without limitation, disputes or claims arising out of or relating to interpretation, application, enforceability, revocability or validity of these arbitration terms.

The terms do not apply to the following exceptions: (a) claims that qualify for small claims court, (b) claims exclusively related to the intellectual property or intellectual property rights of you or Beyond Power, and (c) an action for injunctive relief in a court of law to preserve the status quo while an arbitration proceeds.

Nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us. This Section only applies to Disputes and does not prevent either party from taking unilateral actions they are entitled to take under this Agreement. This means, for example, that you can cancel your membership at any time without needing to arbitrate the decision first. Likewise, Beyond Power may enforce this Agreement through actions like terminating or suspending your use of the Services when necessary without needing to arbitrate the decision first. If you or Beyond Power believe that the other has made a mistake about what actions the Agreement allows them to take (e.g., you disagree with Beyond Power suspending or terminating your access to the Services), that disagreement is a Dispute to which the binding individual arbitration requirements in this Section would apply.

Informal Dispute Resolution

Before initiating arbitration, each party agrees to first provide written notice of the Dispute and engage in good-faith informal dispute resolution for at least thirty (30) days. You can send a notice of your Dispute to us at support@beyond-power.com or by certified mail to the attention of Beyond Power's Legal Department at the Beyond Power address listed in the “Support and Questions” section or such other contact address as we may designate. Your notice should include your name, address, and any other relevant contact information, a description of the nature and basis of the Dispute, and the relief you are seeking. If the Dispute is not resolved within the 30-day informal resolution period, either party may initiate arbitration in accordance with this Section.

Agreement to Binding Arbitration

DISPUTES WILL BE RESOLVED SOLELY THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND BEYOND POWER AND YOU AGREE THAT BEYOND POWER AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

Opt-Out of Arbitration Agreement. You may opt out of this agreement to arbitrate by emailing support@beyond-power.com with your first name, last name, address and relevant membership account information within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.

Arbitration Procedures

Disputes may only be submitted to the American Arbitration Association (“AAA”) for resolution through binding arbitration in English before one arbitrator. If you are a consumer, meaning you use the Services only for personal, family or household purposes, the then-current version of the AAA's Consumer Arbitration Rules, as amended by this Agreement, will apply to any arbitration between you and Beyond Power. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction.

Federal Arbitration Act

To the extent permitted by applicable law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration provision, except where mandatory consumer protection or other non-waivable laws of your country of residence apply. Subject to those mandatory laws, the arbitrator will have authority to decide procedural and substantive issues relating to the arbitration, including issues of arbitrability, and to grant any remedy that would otherwise be available in court.

Waiver of Class or Consolidated Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BEYOND POWER WILL ONLY BRING DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BEYOND POWER IN AN INDIVIDUAL CAPACITY AND SHALL NOT SEEK TO BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTIONS; CLASS ARBITRATIONS OR ANY OTHER KIND OF CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.

If the section titled “Waiver of Class or Consolidated Actions” is found to be unenforceable or unlawful such that any claims may proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a court of competent jurisdiction under the section titled “Governing Law and Jurisdiction,” and not in arbitration under the section titled “Binding Individual Arbitration.”

Special Provisions for European Union Users

If you are a consumer located in the European Union, the mandatory arbitration and class action waiver provisions in this Section do not apply to you. Instead, any dispute between you and Beyond Power that cannot be resolved through informal dispute resolution may be submitted to your local courts or to an alternative dispute resolution body in your country of residence.

In accordance with EU Regulation No. 524/2013 on online dispute resolution for consumer disputes, we are required to inform you of the existence of the EU Online Dispute Resolution (ODR) platform, which provides an accessible, simple, and effective means of resolving disputes arising from online contracts. The ODR platform is available at: https://ec.europa.eu/consumers/odr

Our email address for ODR purposes is: support@beyond-power.com

Please note that we are not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but we are committed to working with you to resolve any concerns through our customer support team before any formal proceedings are initiated.

22. General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Beyond Power as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Beyond Power with respect to your use of the Services.

The failure of Beyond Power to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Beyond Power. Beyond Power may transfer or assign its rights under these Terms, and may delegate the performance of its obligations or engage third-party contractors in connection with the Services, to the extent permitted by applicable law.

Beyond Power's notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

23. Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Beyond Power may update these Terms from time to time for legitimate business, legal, regulatory, or operational reasons. If we make material changes, we will provide notice as required by applicable law. Changes will become effective on the date stated in the updated Terms, and your continued use of the Services after that date constitutes acceptance of the updated Terms, except where applicable law requires additional consent.

Beyond Power will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

Nothing in this section limits any rights you may have under applicable law, including any rights relating to cancellation, withdrawal, or refunds where required by law or expressly provided under these Terms.

Beyond Power and its third-party service providers may make improvements or changes to the Services, products, mobile applications, features, programs, or prices from time to time for legitimate business, legal, technical, operational, or security reasons, subject to applicable law. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services.

Beyond Power may modify or discontinue, temporarily or permanently, the Services or any portion thereof when reasonably necessary for legal, technical, operational, or security reasons, with prior notice where reasonably practicable and without prior notice where necessary, subject to applicable law. You agree that Beyond Power shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

24. Support and Questions

We will respond to any questions regarding the Services and these Terms via Email: support@beyond-power.com