Legal Information

By accessing or using the Surge Sharing website or rental stations (collectively, the "Service"), you confirm that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and agree to be bound by these Terms of Service and all applicable laws and regulations.

If you are accessing the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these terms.

If you do not meet the eligibility requirements or do not agree with any part of these terms, you are prohibited from using the Service.

All payments are processed securely through Stripe. By initiating a rental you authorize Surge Sharing to charge your payment method for all applicable fees. All charges are in U.S. dollars and are non-refundable except at our sole discretion.

Surge Sharing reserves the right to modify pricing at any time. Any pricing changes will be communicated to users in advance and will not affect rentals already in progress.

Each user may rent one power bank at a time. Rentals are personal and non-transferable. You may not rent a power bank on behalf of another person or allow another person to use a power bank rented under your account.

Power banks must be returned to a functioning Surge Sharing station slot. A rental is considered complete only when the power bank is physically accepted and locked back into a station and a return confirmation is issued by the system.

You are responsible for the power bank from the moment of ejection until return confirmation. You assume all risk of loss, theft, or damage during that period.

You are responsible for any physical damage caused to a power bank or station during your rental period. Damage resulting from misuse, negligence, or intentional acts will be assessed and charged to your payment method on file.

You agree to use the power bank only for its intended purpose — charging personal electronic devices — and to handle it with reasonable care.

You may not use the Service in any way that violates applicable local, state, or federal laws or regulations. Additionally, you may not:

• blockAttempt to gain unauthorized access to any part of the Service, our servers, or any system connected to the Service
• blockUse automated scripts, bots, or other tools to interact with the Service
• blockReproduce, duplicate, copy, sell, or resell any part of the Service without express written permission from Surge Sharing
• blockTransmit any harmful, offensive, or disruptive content through the Service
• blockImpersonate any person or entity or misrepresent your affiliation with any person or entity
• blockAttempt to reverse engineer, disassemble, or decompile any software or hardware associated with the Service

The Service and all of its original content, features, functionality, branding, and technology are and will remain the exclusive property of Surge Sharing and its licensors. This includes but is not limited to the Surge name, logo, website design, software, and all associated intellectual property.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service solely for your personal, non-commercial use. Nothing in these Terms grants you any right, title, or interest in or to the Service or its content beyond this limited license.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Surge Sharing does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that the results obtained from using the Service will be accurate or reliable.

All power banks provided through the Service meet applicable safety certifications. However, Surge Sharing makes no warranty that any specific power bank will be compatible with your device or will meet your charging requirements.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURGE SHARING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

In no event shall Surge Sharing's total liability to you for all claims arising out of or relating to the Service exceed the total amount paid by you to Surge Sharing in the twelve months preceding the claim.

Surge Sharing is not liable for any damage to your personal devices resulting from the use of our power banks, including but not limited to damage caused by incompatible charging protocols, power surges, or defects that were not reasonably discoverable prior to rental.

You agree to defend, indemnify, and hold harmless Surge Sharing and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service.

This includes any damage caused by your misuse of a rented power bank, your violation of any law, or your infringement of any third-party rights.

Surge Sharing reserves the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason including but not limited to a breach of these Terms of Service.

Upon termination, your right to use the Service will immediately cease. Any outstanding fees or charges incurred prior to termination remain your responsibility and will be collected.

You may stop using the Service at any time. Provisions of these Terms that by their nature should survive termination — including ownership, warranty disclaimers, indemnification, and limitations of liability — shall survive.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and you hereby consent to the personal jurisdiction of such courts.

Before initiating any formal legal proceeding, you agree to contact Surge Sharing at the address below and give us a reasonable opportunity to resolve the dispute informally. We will attempt to resolve any dispute within 30 days of receiving written notice.

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SURGE SHARING.

Surge Sharing reserves the right to modify these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last updated" date at the top of this page.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree with the revised Terms, you must stop using the Service.