Terms of service

 

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.


Terms of Service

The Beyond Power websites, related mobile applications and services (collectively, the “Services”) are made available to you, subject to these Terms of Service (the “Terms”) and in accordance with the Beyond Power https://www.beyond-powerl.com/policies/privacy
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 THE THESE TERMS. IF YOU DO NOT AGREE TO THE 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.
The Beyond Power Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Beyond Power processing data about you. Processing of the data you share with Beyond Power Inc. data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
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.


Registration and Accounts

The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
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 all 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.


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. No refunds or credits will be provided by Beyond Power, other than as set forth in these Terms. 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.

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. 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.


Using Products or Services

By using the Beyond Power products or services, and by entering into these Terms, you represent and warrant that your use of the Beyond Power products or services complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Beyond Power products or services except as expressly permitted under these Terms. Beyond Power reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations. Beyond Power also welcomes users to report any User Content that is in violation of applicable laws or regulations.
The Service is controlled or operated (or both) from the United States, and is not intended to subject Beyond Power to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.


Fitness-Related Content

You acknowledge and agree that Beyond Power is not a healthcare provider or fitness instructor; that the Service (including any recommendations and any information available through the Service that may be personalized) may not be appropriate for you, and does not constitute or replace medical advice; and that Beyond Power is not responsible for any results that may (or may not) be obtained from the use of the Service. 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 Service. 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 Service solely in accordance with your personal physician’s advice.


Prohibited Conduct

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 is not intended for use by persons with reduced physical, sensory or mental capabilities, or lack of experience and knowledge, unless they have been given supervision or instruction concerning the use of the product by a person responsible for their safety.
  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. Service 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.

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 Inc., 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.


Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Beyond Power a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. 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.


Family Content

You may permit individuals under the age of 18 and older than 16 (including those who are 16 years old) to use the Content, including family Content only if you remain present and supervise the minor at all times during use of the Content and any family Content. You are fully responsible for the minor’s safe use of the Content and family Content.


Disclaimer of Warranties and Liability

  1. To the fullest extent permitted by 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 Service and related individual services and features.
  2. To the fullest extent permitted by law, Beyond Power shall not be liable for any loss to you or anyone else caused by the inability to access or use the Service for the following reasons:
  3. 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;
  4. 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;
  5. Beyond Power's maintenance or upgrade of the system, software, or hardware that results in the suspension or termination of this Service;
  6. Service interruptions due to typhoons, earthquakes, power outages, floods, war, terrorist attacks, or any other reason of force majeure; or
  7. Service interruption, delay, or termination due to changes in laws and regulations, judicial rulings, or requirements of administrative agencies.
  8. 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.
  9. 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.
  10. We may access, use, save, and/or disclose your account information and content in accordance with laws, lawsuits, the requirements of judicial or government agencies, or under other reasonably necessary circumstances.
  11. Beyond Power does not assume any responsibility for the disclosure of your personal information due to your misuse.
  12. 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 Service. 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.


Waiver

You understand that by using the Service, 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 Service is made available, performing physical activity, and/or using the Product on which the Service is 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 all risk of loss, damage and injury to person or property that may arise from, or that is related to, your use of the Service, whether such risk is known or unknown to you.
You hereby waive and release Beyond Power and the Affiliated Entities (as defined below), to the maximum extent permitted by law, from any claim, action, suit or demand arising out of or in connection with the use of the Services (including with respect to any physical injury or death). You acknowledge that neither Beyond Power nor the Affiliated Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors and assigns.


Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Beyond Power and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) any use of, or activities in connection with, the Service by you, your Additional Users, and/or any other person who uses the Service through you or your trainer; and (b) any violation or alleged violation of this Agreement by you.


Cancellation Policy

We highly value our customers' orders and understand that there may be situations where cancellations are necessary. Here are our order cancellation rules:

1. You can cancel your order at any time before the order is shipped.
2. Once an order is shipped, the cancellation request will be treated as a return. You need to wait for the return to be processed after receiving the goods. If you return an item, you need to bear the return shipping fee and a certain restocking fee.

Card Processing Fee

If you ask us to cancel an order after we have captured funds from your credit/debit card, (or after we've captured funds from your PayPal account or have financed your purchased through Klarna) 2.5% (4.4% if via PayPal) will be withheld from your refund to cover the cost of merchant card processing, which we do not recover when issuing a refund for a canceled order.

The above are our order cancellation rules, please read and confirm them carefully before placing an order. If you have any questions or need assistance, please feel free to contact our customer service team.

 

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 service without prior notice:
A) You violate the terms of this Agreement, or Beyond Power has reason to believe that you are preparing to do so;
B) You or anyone acting on your behalf engage in fraudulent or illegal activity or provide Beyond Power with false or misleading information;
C) As required in order to respond to requests from law enforcement or government agencies in accordance with a valid legal process;
D) As required in order to perform urgent system or hardware maintenance updates;
E) For unforeseen technical, security, or business reasons.
If the content or information published by your Beyond Power Account violates the intellectual property rights of a third party, and Beyond Power receives a notice from the intellectual property owner or their legal representative, Beyond Power reserves the right to terminate this Agreement.


Protection of Personal Information

We are committed to the privacy and safety of our users and take reasonable measures to protect our users' personal information and privacy. We will not collect or use personal information other than that which is necessary for the provision of services, nor will we use said personal information for purposes other than the provision of services unless consent is obtained from the user.
We will fulfill our obligations regarding the protection of information security by undertaking necessary security measures as stipulated by relevant laws and regulations. You understand that we are unable to guarantee the information security protection capabilities of third parties nor their processing behavior. If you have any questions about the collection, provision, storage, or use of your personal information by a third party, or decide to take legal action of any kind against them, you should directly contact the relevant third party.
Beyond the terms relating to personal information and privacy in this Agreement, you should also carefully read and fully understand the Beyond Power Account Privacy Policy to understand more details of how we protect your personal information and what you can do.
You and other visitors to or users of the Service may make available certain materials (each, a “Submission”) through or in connection with the Service, including on profile pages and through the Service’s interactive services, such as workout sharing features, message boards, competition leaderboards and other forums, and chatting, commenting and other messaging functionality. Beyond Power has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Service, you do so at your own risk.


Notice for California User

Under California Civil Code Section 1789.3, California Services user 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.


Governing Law

When completing your purchase, a billing statement including ' beyond-power.com' and the country code such as 'HK', 'UK', etc. would be displayed on the payment page and/or your card statement.

All purchases will be processed by our respective entity in the corresponding country as indicated by the country code in the billing statement and are governed by the Local Law.

If any dispute or claim between you and Beyond Power is not subject to arbitration pursuant to Section 17(b), then the state and federal courts located in the County of San Francisco County, California, will have exclusive jurisdiction. You and Beyond Power waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.


Binding Individual Arbitration Disputes that must be Arbitrated. The terms of this Section 17(b) 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 Service 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 of this Section 17(b) 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 17(b) 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 Service at any time 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 Section 17(b) would apply. Informal Dispute Resolution. If you have a Dispute with Beyond Power, we would like the opportunity to talk to you about it before you initiate an arbitration proceeding. 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 set out below in Section 26. In your notice, you should include your name, address, and any other contact information, a description of the nature and basis of your dispute and the relief you are seeking. We hope you’ll try the informal dispute resolution process first, but you don’t have to before filing an arbitration action. Please read this subsection carefully as it affects your legal rights. 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 c 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. This Agreement affects interstate commerce, and the enforceability of this Section 17(b) will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, this Agreement, and the AAA rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

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 SERVICE 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 this Section 17(c) is found to be unenforceable or unlawful such that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction under Section 17(a) and not brought in arbitration under Section 17(b). The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.


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 has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. 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.


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 reserves the right to update the Terms at any time and for any reason in its sole discretion. 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 the modified Terms are not acceptable to you, your only recourse is to cease using the services.
Beyond Power and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Beyond Power reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. 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.


Support and Questions

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