terms

Terms and Conditions

1. GENERAL

This contractual relationship creates binding obligations for the User who accepts the Service. If the User does not agree with the terms of this Agreement, please do not access the MOBBI Platforms and do not use any of the services offered through the platforms or register an account for such services.

1.1 The following terms and conditions constitute the agreement between you (the “Agreement”) and Mobbi S.r.l. regarding the use of the Mobbi powerbank sharing service in Italy and apply to our website https://www. mobbi.it and to the MOBBI application for mobile devices (\”MOBBI\ App”) that use operating systems such as IOS, Android and/or Windows Mobile (the website and the MOBBI app are hereinafter jointly referred to as \”Platform”).

1.2 The use of the Service is subject to the terms of this Agreement, our Privacy Policy (\”Privacy Policy\”) and the Mobbi Mobbi powerbank usage rules (\”Usage Policy\”), which can be found on the Platform. By joining our service you agree to our Usage Policy and Privacy Policy which form integral parts of this Agreement.

1.3 We reserve the right to change the terms of this Agreement at any time. Such changes will become effective when we post the amended Agreement on the Platform and/or our site. Whenever you use the Platform and/or the Service, the current version of this Agreement will apply. If you use the Platform or the Service after an amendment to this Agreement, you agree to be bound by the terms of this current version of the Agreement as amended.

1.4 This Agreement contains important information regarding Your rights in relation to the Platform and Service. Please read this Agreement carefully, and re-read it regularly.

2. USER QUALIFICATION

The User, by joining the Service, represents and warrants that:

(a) you are 18 years of age or older and have the legal capacity to enter into this Agreement and use the Services;

(b) provide all information required to join the Service accurately, completely and up-to-date;

3. USER REGISTRATION

3.1 Registration on the MOBBI platform shall take place by verifying the mobile phone number or other procedure for joining the Service. The User acknowledges and confirms that the information provided during the registration process is accurate and complete, and will promptly inform us of any changes.

3.2 The user account (\”Account”) that is created as a result of the registration process must be strictly personal. You may not transfer your account to anyone else, nor may you allow any third party to use the Service through your Account, except for those legal entities or companies that have been expressly authorised by us to create an account on behalf of their employees or customers.

3.3 After the registration process, you may not use the Service.

3.3 After successfully completing the user registration process, you may start using the Service through the Platform in accordance with this Agreement.

3.4 We reserve the right to suspend, deny or revoke access to your account, the Platform and/or the Service at any time in our sole discretion. If you are suspended or denied access or your access is revoked, you may file a claim with us in accordance with procedures set forth in this Agreement.

4. ACCOUNT SECURITY

4.1 You are responsible for the security of your account, including your login information and passwords. Please ensure that you log out at the end of each session when using the website and leave the platform following the correct steps. If you disclose your account information you may be liable for any losses and consequences of such acts.

4.2 Subject to clause 10.1 of this Agreement, the User shall be liable for all actions performed in his/her account (including, but not limited to, for the use of Mobbi powerbank (\”Mobbi powerbank rechargeable\”), for the return of Mobbi powerbank, for the release and sharing of his/her personal information, etc.) if the actions have caused any harm to the User, to us or to any third party.

4.3 You must inform MOBBI S.r.l. immediately via the Platform if you become aware of any unauthorised use of your account or other situations that could result in the theft or loss of your account. Following notice of unauthorised use we will temporarily block your account, but you understand that doing so will take a reasonable amount of time and will not be immediate.

4.4 The account may only be used by the User and may not be shared with any other person. The User agrees to:

(a) to keep your Account details confidential at all times;

(b) not to disclose and keep confidential your Account access verification code;

(d) comply with all applicable laws and the terms and conditions of this Agreement in connection with your use of the Account.

4.5 You are responsible for all actions and transactions carried out through the Account unless you have closed it or reported any abuse or unauthorised use to us via the Platform.

4.6 We attach great importance to protecting the personal information and information of other users. If you come into contact with personal information or documents of any other user through your use of the Platform or communications with other users, you agree to keep such information confidential and not to disclose it in any way to any other party.

5. USE OF THE SERVICE

5.1 Use of Mobbi powerbank:

(a) After registration, users need to enable Bluetooth on their phone to use our service. by clicking unlock in the app, users can scan the QR code on the station and the Mobbi powerbank will be released automatically.

(b) Before using a Mobbi powerbank, it is necessary to inspect it carefully for any damage, including the condition of the cable, the level functionality of the Mobbi powerbank, etc.

(c) You must promptly inform MOBBI of any problem with the Mobbi powerbank via the MOBBI App or by emailing customer service: service@mobbi.it , Call centre: ……………………………………

(d) Subject to Clause 10.1 of this Agreement, if you continue to use a Mobbi powerbank in circumstances where:

(i) you are aware of; or

(ii) it is visually evident; or

(iii) inspection of the Mobbi powerbank reveals

that it is damaged, defective or otherwise unfit for use, you are solely responsible for any damage and/or injury to your body, property or the body or property of any third party resulting from the use of such Mobbi powerbank.

(e) You must use the Mobbi powerbank in a reasonable, respectful and lawful manner. You may not damage it or prevent others from using it, or vandalise, completely discharge or conceal MOBBI’s Mobbi powerbank, remove the cable, or engage in any other behaviour that prevents third parties from using the Mobbi powerbank.

(f) You must return the Mobbi powerbank in the same condition in which it was rented and within 24 hours of its collection. If the Mobbi powerbank is returned damaged and/or non-functional, the user will be charged a penalty of Euro 50.00. If the Mobbi powerbank is retained later than 24 hours after withdrawal, the user will be charged Euro 20.00 as compensation and penalty for the delay in returning it. The user must return the Mobbi powerbank as soon as possible.

(g) It is not possible to sub-lease a Mobbi powerbank to anyone else, nor is it possible to use a Mobbi powerbank credit to conduct any business.

(l) The data generated by the Platform constitutes conclusive evidence of the period of use of the Mobbi powerbank. The use of any Mobbi powerbank is limited to a period of 10 consecutive days. Any usage that exceeds a period of 10 consecutive days is considered a deduction of the Mobbi powerbank until the Mobbi powerbank is recharged and placed back in the dispenser. If a Mobbi powerbank is not returned within a period of 10 consecutive days, the Mobbi powerbank is considered lost and/or purchased by the user and the account may be charged the sum of EUR 50 as compensation. If a Mobbi powerbank from MOBBI is lost while in use, you must report the disappearance by filing a report with the public authorities and notifying us within 24 hours of the disappearance via the platform.

(j) In addition, you may not:

(ii) Modify, disassemble, attach accessories or otherwise alter or deface a Mobbi powerbank or any part of a Mobbi powerbank in any way, or use a Mobbi powerbank for any advertising or commercial purpose;

(iii) Allow any other third party to use a Mobbi powerbank.

(k) In connection with the use of any Mobbi powerbank and the Platform, you represent and warrant, as from time to time immediately prior to using a Mobbi powerbank by MOBBI that:

(i) you acknowledge that MOBBI does not guarantee that the Mobbi powerbank will be available at the time and place you wish to use one, especially at times of high demand;

(ii) you acknowledge that MOBBI does not guarantee and shall not be liable in the event that you are unable to return the Mobbi powerbank if all stations in your vicinity are full of Mobbi powerbanks. If this occurs, the User should contact support via the App.

(iii) MOBBI provides Mobbi powerbanks only for rental and for use only by persons who are able and qualified to rent a Mobbi powerbank from MOBBI for their own account and who have agreed to all terms of this Agreement.

6. INSURANCE

6.1 We have arranged for the provision of liability insurance, which insures the User in the event of injury to third parties or accidental damage to physical property, property of third parties, arising from the use of a MOBBI Mobbi powerbank. The insurance coverage is limited in scope and unless otherwise stated, the cost of liability insurance is included in our fees. For more information or if the User is involved in an accident or causes damage or injury to someone or something while using a Mobbi powerbank, the User should contact us at service@mobbi.it immediately or via the platform.

7. CHARGES AND PAYMENTS

7.1 Charges for use of the Service are displayed in the MOBBI app from time to time

7.2 If the User has received a coupon for Mobbi powerbanks, the User may use the coupon in accordance with the user rules provided on such coupon.

7.3 For your convenience, we provide different payment options when available in the area where the User is located:

(a) You can top up your account with the following amounts: €5, €10, €15 and €20.

(b) The account will be automatically recharged when there is not enough credit to pay the full amount due after one use or it will be blocked until the next recharge which will allow the User to use our service again once the full amount due previously has been paid.

(c) Please note that you cannot withdraw money from your account. There are no refunds of any amount on your account balance.

7.4 In the event that you dispute a charge on your credit or debit card or Account, you should contact us at service@mobbi.it as soon as you are aware.

8. Complaints

8.1 In the event that at any time the User wishes to make a complaint or dispute regarding the Service or the Platform, they must inform us via the Platform or by sending an email to our customer service department at service@mobbi.it

9. Breach

9.1 You acknowledge and agree that in order to protect the rights and interests of other users of the MOBBI Platform, we may take the following actions without prior notice if we believe, in our sole and absolute discretion, that you have breached any of the terms of this Agreement:

(a) If the breach results in any loss, damage, expense, cost or diminution in value to us including the cost of management time), we will deduct a corresponding amount from your Account Balance to compensate you for such loss based on the fee schedule displayed on the MOBBI app from time to time;

(b) We may suspend your Account or permanently prevent you from using the Platform.

9.2 After taking any of the actions listed above, we will send a notification message to the User. If the User has any questions regarding the handling of the breach, you may contact our customer service department at service@mobbi.it

10. Limitations of our liability

10.1 Nothing in this Agreement shall limit or exclude MOBBI’s liability for:

(a) death or personal injury caused by its negligence or that of any of its employees, agents or other defect in a Mobbi powerbank which was not obviously defective at the time of hire;

(b) fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by applicable law.

10.2 Subject to clause 10.1, you acknowledge and agree that our liability to you is limited as set out in this Agreement.

10.3 Subject to the foregoing, you acknowledge and agree that, except as otherwise provided by applicable law, MOBBI shall not be liable for any claim, demand or damages, including those arising out of or relating to

(a) any risk, hazard or danger described in this Agreement,

(b) the use or inability to use the Mobbi powerbank Service or Platform,

(d) any negligence, misconduct or other action or inaction of any third party. you hereby waive all claims for damages

10.4 You specifically acknowledge and agree that your use of the Service of Mobbi powerbank and/or the Platform is at your sole risk. To the fullest extent permitted by law, MOBBI disclaims all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All service, Mobbi powerbank and platform is provided on an “as is” and “as available” basis (and is relied upon solely at your own risk). You acknowledge and agree that delays, omissions, interruptions or inaccuracies may occur in relation to any of the services and the platform. Mobbi powerbank and/or the Platform and MOBBI shall not be liable for any claim for damages attributable to any of the above. The User assumes full and complete responsibility for all consequences and claims of any kind or nature relating to MOBBI’s Mobbi powerbank being stolen or lost while in their custody.

11. INTELLECTUAL PROPERTY

11.1 By accepting this Agreement and becoming a User, you are entitled to the Service in accordance with the terms and conditions set out in this Agreement. There is no other authorisation, cooperation, partnership between you and us.

11.2 You acknowledge that all intellectual property rights in and to the Platform (including copyrights, trademarks, trade names, logos, source code and subject matter) and the relevant ownership of confidential information on the Platform are and shall remain the exclusive property of Mobbi Srls or our licensors and nothing in this Agreement shall be construed as a transfer of any intellectual property or rights in and to the Platform or any other intellectual property rights owned by us or our licensors. You acknowledge and agree that, without the express written permission of the owner of such intellectual property rights, you may not use, modify, rent, lease, sell, transmit or otherwise infringe any of the above intellectual property rights (e.g. by decompiling).

11.3 MOBBI’s name and logos are our trademarks and trade names and may not be duplicated, imitated or used in whole or in part without our prior written approval. In addition, you acknowledge and agree that all pages, text, graphics, images, button icons and scripts on the platform module are our property and you must not induce any third party to duplicate, imitate or use them in whole or in part without our prior written approval.

11.4 We grant you a non-exclusive, personal, revocable and non-transferable licence to download and use the MOBBI App for your own personal use and non-commercial purposes, subject to compliance with this Agreement. You may use the MOBBI App and our service only as permitted by this Agreement.

11.5 You are fully and solely responsible for all content, text and images that you upload, post, transmit or share on the platform (\”User Content”). You may not upload, post, transmit, share or provide any User Content on the platform that you did not create or for which you did not have permission to upload, post, transmit or provide. You agree to provide only Content that does not violate any applicable law or infringe any third party rights (e.g., not in violation of any applicable intellectual property law or in breach of any agreement). At any time, we may review the Platform and delete, remove, or restrict any access or display of any User Content, in our sole discretion and without any notice or cause. When you upload, post, transmit, share or provide User Content to the Platform, you automatically authorise us to make copies of such copies as we may, in our sole discretion, necessary or appropriate. By uploading, posting, transmitting, sharing or providing User Content on the Platform, you automatically grant, represent and warrant that you have the right to grant to us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to use, copy, publicly perform, display, sublicense, reformat, translate, extract, distribute, modify, prepare derivative works of, or incorporate into other works any User Content for any purpose (commercial, advertising, or otherwise).

11.6 You agree that we may access, store, and use any information you provide as long as we comply with the terms of the Privacy Policy and Privacy Settings. During the applicable copyright protection period, we hereby grant to you and our affiliates a copyright, license to use such information by means including storage, use, duplication, review, editing, publication, display, translation and dissemination, or include such information in other works using means now known or to be developed in the future. Such use of the licence must be global, non-exclusive, transferable, and allow use without consent or notice to you or any other person, as long as the following conditions are met:

(a) You may terminate your licence by deleting certain content provided or closing your account on the platform, unless it takes time to remove the content from your backup system and other systems.

(b) We will not include your content to advertise other products and services (including sponsored content) without your consent.

(d) We may modify the content and change its format (such as translation, changing the font, layout or file name, or removing metadata), but we will not change its meaning.

(e) In connection with any suggestions or other feedback about the Service that you submit, you agree that we may (but are not obligated to) use and share such feedback for any purpose without compensation to you.

12. INDEMNITY

12.1 You agree, without limitation, to indemnify and hold MOBBI and its employees and agents harmless from any death, injury or damage to yourself, another person or persons, or property arising out of or in any way connected with the use of any Mobbi powerbank or Platform caused by your acts, omissions or negligence.

12.2 You agree to indemnify and hold MOBBI and Mobbi’s associated parties who jointly provide the Service with us, harmless from all liabilities, claims, losses, damages, expenses, costs (including legal fees incurred in court, on appeal or otherwise), debts, fines, penalties and charges, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise arising out of or relating to

(i) improper or inability to use the Platform,

(ii) the misuse of any information on or from the Platform,

(iii) any unauthorised access or alteration of transmission or data in connection with the Platform,

(iv) any prohibited or malicious action or inaction on your part that disrupts the Platform or the Service.

12.3 If your conduct obligates us to pay third party claims, we may seek reimbursement.

13. TERMINATION OF THIS AGREEMENT

13.1 User withdrawal. You may withdraw from this Agreement in any of the following ways:

(a) If you notify us via the Platform at any time that you wish to cease using the Service and the Platform;

(b) If you stop using the Service and the Platform for a period of at least 365 consecutive days;

(c) If you stop using the Service and Platform and expressly reject any changes to this Agreement before such changes become effective.

13.1 Termination/Resolution of Agreement by MOBBI. We may terminate this Agreement in any of the following cases:

(a) If you breach any of the terms of this Agreement;

(b) If you fail to pay the amounts due under this Agreement within 7 days of the due date;

(d) If in our opinion your continued use of the Service or the Platform would be detrimental to the Service, the Platform or other users;

(e) If you do not expressly agree to any modification of this Agreement.

13.2 Settlement after termination

(a) Upon termination of this Agreement, we shall still be entitled to make claims in accordance with this Agreement for any breach of any nature.

14. WARRANTIES AND PROHIBITIONS

14.1 Warranties.

You shall ensure that your conduct complies with the following:

(a) Comply with all applicable laws, including, but not limited to, liability, privacy, intellectual property, tax laws and regulatory requirements;

(b) Provide accurate information and update it in a timely manner;

(d) Fair use of the Service;

14.2 Prohibitions.

You agree not to use the Platform to conduct illegal activities or any of the following acts:

(a) Using the Platform when you do not have legal capacity or are suspended from using the Service temporarily or permanently;

(b) Transfer your account to a third party without our consent;

(c) Infringing the legal rights and interests of others in any way through the Platform, including collecting other people’s login information or other personal information, using or attempting to use any other person’s account, harassing, insulting, threatening, or injuring any other person or sending any junk mail or other unwelcome messages or infringing any other person’s intellectual property rights, etc.;

(d) Interfere with or sabotage the platform, its server or network, or create unreasonable or inappropriate load on our server or system by any means, or conduct any activity that may cause failure, overload or damage (including spreading worms, viruses, spyware malware or other destructive code) or implanting content or code on browsers or user devices or altering or disrupting the rendering or display of our website on your browser or device by other means or loading viruses or other harmful code;

(e) Without lawful authorisation, using techniques designed to intercept, tamper with, steal, record, visit, collect, store, use, disseminate, disclose or delete information that you have not been authorised to access on the Platform, such as personal information, content or other user data relating to competitive services (determined at our discretion) or other confidential information that does not belong to you;

(f) Violate or circumvent any law or any of our policies or rules or any decision regarding account status;

(g) Taking any action to circumvent our technical and security measures;

(h) Infringement of our intellectual property or other rights, including but not limited to using MOBBI or our other commercial logos in any trade name, email or website, removing any notice contained in our services about copyrights, trademarks or other property, damaging any of our patents, copyrights, proprietary technology, programs, software or data base information that we own or lawfully use, copying, disseminating, advertising, reverse engineering, etc.;

(i) Without our express consent, claiming to be an affiliate of the Platform or having an agency relationship with it.

(j) Without our permission, rent, lease, loan, trade, sell or resell our services or other relevant information or data, or monetise or market any of our service functions;

(k) Deleting, screening or hiding any advertising in our services;

(l) Using automated programs or other automated methods to visit our service, add or download address books, or send or redirect messages;

(m) Duplicating, modifying or creating derivatives of the Platform or any other relevant technologies (unless otherwise authorised by us) or monitoring the usability, performance or functions of our services for the purposes of competition or other activities to imitate the appearance of our website or functions, or modifying our services, or altering other websites in order to create the incorrect impression that such websites are related to our services;

(n) Visiting our Service through web pages not expressly provided by us;

(o) Rewriting any security features of our Services or the Platform;

(p) Assisting or encouraging any violation of this Agreement or our policies;

(q) Using our Mobbi powerbank service and charging facilities for any unlawful or illegal activities or which would be considered offensive and/or anti-social behaviour;

(r) Any other unlawful conduct detrimental to the Service and/or the Platform.

14.3 Although we impose a standard of conduct on our users, we do not control or regulate the conduct of our users on the Platform. Therefore, we shall not be responsible for any content or information disseminated or shared by users on the Platform. If you believe that a user has violated the terms of this Agreement or our policies, you should not hesitate to contact us.

15. ELECTRONIC SIGNATURES AND NOTICES

15.1 Certain activities on the Platform may require electronic signatures. you understand and agree that an electronic signature has the same legal value as a physical signature.

15.2 If you have an account with us, you agree that we may provide you with all necessary data, electronic communications through your account or other electronic means such as email or popup messages or push messages on the Platform in accordance with our Privacy Policy.

16. APPLICABLE LAW AND EXCLUSIVE JURISDICTION

16.1 This Agreement and any dispute arising in connection with it shall be governed by and construed in accordance with Italian law and the exclusive place of jurisdiction for any dispute shall be Milan, Italy, without prejudice to the provisions of the Consumer Code in the event that you are a consumer.

17. FORCE MAJEURE

17.1 We will adopt basic security obligations in accordance with the law, but we shall not be liable for damages arising from maintenance of the information network, equipment, connection failure, computer, communication or other system malfunction, breakdown, strikes, riots, fires, floods, windstorms, explosions, wars, government actions, changes in laws, regulations, administrative provisions and other rules, judicial orders of administrative authorities or acts or omissions of third parties.

18. MISCELLANEOUS

18.1 This Agreement (including, without limitation, the Privacy Policy, the Usage Policy and any additional terms that we have notified to you to be applicable to specific services) between the parties with respect to its subject matter supersedes all prior agreements and understandings between the parties.

18.2 We may assign, transfer, delegate or otherwise sub-contract our rights under the terms of this Agreement at our sole discretion.

18.3 If any provision of the terms of this Agreement is held or judicially declared invalid, the invalidity shall not affect the remainder of the terms of this Agreement.

In accordance with articles 1341 and 1342 of the Italian Civil Code, the User, by adhering to the service offered, declares that he/she expressly accepts the following clauses: 1.3, 3, 4, 5, 7, 9, 10, 11, 12, 13,15.2, 16, 17 and 18.

Annex A

PRICES

Time of Use	Euros (VAT included)
every 15 minutes	0.30
after 24 hours,penalty for non-return applies, no further charges	20.00

terms