1. Privacy

By using the Services, you consent to and agree to comply with Sinergi.io's Privacy Policy, which explains how we collect, use and protect the personal information you provide to us. You also agree that you will comply with the data protection laws applicable to you, including the Privacy Act 1988 (Cth) and the SPAM Act 2003 (Cth), and will provide individuals with information on the collection, use and handling of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal information may be processed fairly, lawfully and in a transparent manner.

• When you use Sinergi.io services, in addition to information provided directly by you, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as "Device Information".

2. Casual Use and Membership Fee

Sinergi.io offers two types of service options: Casual Use and Membership. For Casual Use, you may rent batteries on a per-use basis. You will be charged according to the usage rates applicable at the time of rental, plus a deposit amount that will be held as a pre-authorization on your payment method. The deposit will be refunded when you return the battery, subject to any applicable fees or charges. For Membership, you may subscribe to a monthly membership plan which includes unlimited battery rentals within the membership period. A membership fee is payable monthly in advance. A deposit is not required if non-refundable membership fee is paid. Membership benefits are only available while your membership is active and in good standing. You may cancel your membership at any time, subject to the cancellation terms set forth in Section 9. Upon cancellation, a bank admin fee of $2 plus past usage fees will be deducted from any prorated membership fees paid.

3. Revisions, Disclosure and Notices

By providing reasonable prior notice to you, we may amend the Terms at any time, including to incorporate new Additional Terms. We may provide such notice by posting the relevant revised Terms (each, a "Revised Version") on our website. If the revised Terms include any material change to your existing rights and obligations or the material terms of the Services, we will alert you by email at least ten (10) days in advance. The Revised Version will be effective as of the time it is posted, but will not apply retrospectively. You can stop using the Services at any time by deactivating your Sinergi.io Account without penalty. Your continued access to, or use of, the Services after notice of a Revised Version becomes effective shall constitute your acceptance of such Revised Version. Any Dispute (as defined in Section 16) that arose before the changes will be governed by the Terms in place when the Dispute arose.

4. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

• Access or monitor any material or information on any Sinergi.io system using any manual process or robot, spider, scraper, or other automated means.
• Use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services
• Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure
• Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way software, material, information or Services from Sinergi.io

5. Mobile Devices and Third Party Carrier

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements (including standard charge, data rates and other fees) with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer's software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as "jail broken."

6. Intellectual Property Infringement

We respect the intellectual property rights of others and ask you to do the same. We have adopted an Copyright and Trademark Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts (as described in Section 11) of repeat infringers.

7. Security

We have implemented technical and organisational measures designed to secure information about you from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use information about you for improper purposes. You provide information about you at your own risk

8. Communications

You consent to accept and receive communications from us, including email, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign up for a Sinergi.io Account or later update the contact information associated with your Sinergi.io Account. Such communications may include, without limitation, requests for secondary authentication, receipts, reminders, notifications regarding updates to your Sinergi.io Account or account support and marketing or promotional communications.

9. Paid Services

Sinergi.io Services include both paid-for Services ("Paid Services") and free Services for which no fees are charged ("Free Services"). Sinergi.io offers certain Paid Services to be paid on a recurring basis ("Subscription Services"), and others on an as-used or transactional basis ("Prepaid Services"). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes ("Subscription Fee"). A Perpaid Services may subject you to fees charged per usage and/or terms, including transaction volume. By using an A Prepaid Service, you agree to pay the fees and any taxes incurred at the time of usage ("A Prepaid Fees" and, together with Subscription Fees, the "Paid Service Fees").

• In general, Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds; however, Paid Service Fees related to hardware may only be paid by debit card or credit card. If you link a debit or credit card to your account, you authorise us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in Section 15 of the Payment Terms) in your Sinergi.io Account.
• Unless otherwise provided in a Subscription Service's terms, Subscription Fees will be charged on the first day of every month until cancelled. You may cancel a Subscription Service at any time from your Sinergi.io Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon at least thirty (30) days' advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes

10. Taxes

Taxes include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar tax, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, licence, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign taxing authority ("Taxes").

11. Modification and Termination

We may at any time terminate these General Terms or any Additional Terms: (a) in the circumstances specified in Section 7; (b) if you have violated the terms of these General Terms, any Additional Terms, any other agreement you have with Sinergi.io or any of Sinergi.io's publicly available policies; or (c) if you engage in fraudulent or illegal conduct. We will notify you reasonably promptly of such a termination. Where reasonably practicable and not detrimental to our legitimate business interests, we will notify you in advance of a termination pursuant to (a) or (b) and provide you a reasonable opportunity to remediate; if you do not remediate, we may terminate these Terms upon notice to you.

12. Indemnity

You will indemnify, defend, and hold us and our processors (and our and their respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest and expenses (including without limitation reasonable lawyer's fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set out in these Terms; (b) your unauthorised, wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any Law of Australia or any other country; or (e) any third party's access and/or use of the Services using your unique name, password or other appropriate security code; except, in each case, to the extent arising from fraud, negligence or wilful misconduct of Sinergi.io or its directors or officers.

13. Australian Consumer Law – Consumer Guarantees

Nothing in these Terms is intended to exclude, restrict or modify the rights which you may have under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the "Australian Consumer Law"). If you are a Consumer, as defined in Section 3 of the Australian Consumer Law ("Consumer"), Sinergi.io acknowledges that the Consumer Guarantees in Division 1 of Part 3-2 of the Australian Consumer Law will apply to the supply of goods or services (or both) under these Terms. Sinergi.io's liability for breach of a Consumer Guarantee is governed by Section 15. "Consumer Guarantee" means a guarantee provided to a Consumer applicable to goods or services supplied or to be supplied under these Terms by operation of the Australian Consumer Law, including any Express Warranty.

14. Australian Consumer Law – Limitation of Liability

To the extent permitted by law, where you are a Consumer, Sinergi.io's liability for breach of a Consumer Guarantee is limited to (at our election):

• In the case of a supply of goods: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or acquiring equivalent goods; or (iv) paying the cost of having the goods repaired; and
• In the case of a supply of services: (i) resupplying the services or (ii) paying the cost of having the services supplied again.

15. Limitations of Liability and Damages

If the Consumer Guarantees apply, Sinergi.io's liability is limited in accordance with Section 14. In all other respects, and to the maximum extent permitted by Law:

• In no event shall Sinergi.io, our processors, service providers, suppliers, or licensors (or our or their respective subsidiaries, affiliates, agents, directors or employees) (collectively, the "Excluded Parties") be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, or for any damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, inability to use or unavailability of the Services, except to the extent arising from fraud, negligence or wilful misconduct of Sinergi.io or its directors or officers. In all cases, the Excluded Parties will not be liable for any loss or damage that is not reasonably foreseeable
• Under no circumstances will the Excluded Parties be responsible for any damage, loss, or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your Sinergi.io Account, or the information contained therein, except to the extent arising from fraud, negligence or wilful misconduct of Sinergi.io or its directors or officers.
• In no event shall the Excluded Parties be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of (i) the amount of fees earned by Sinergi.io in connection with your use of the Services during the three (3) month period immediately preceding the event giving rise to the claim for liability and (ii) $500.
• This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Excluded Parties have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable Law.

16. Disputes

"Dispute" is defined as any dispute, difference or issue between the parties concerning or arising out of or in connection with, or relating to, these Terms, the subject matter of these Terms or the existence, breach, termination, validity, repudiation, rectification, frustration, operation or interpretation of these Terms, including, without limitation, any claim (i) in tort, (ii) in equity, (iii) pursuant to any applicable state, territory, Commonwealth, foreign or international statute of Law or (iv) of any other kind or nature under any applicable Law.