Last Updated: March 17, 2025
1. Acceptance.
These terms and conditions (the "Terms") govern all sales of Products and/or Software (each as defined below) pursuant to a quote or an invoice issued by Omni Power Technology, Inc., a Delaware corporation (“Omni Power”), that reference these Terms. Acceptance of any order is expressly conditioned on the Purchaser’s agreement to these Terms, and no other terms shall apply unless explicitly agreed to in writing by Omni Power. For ease of understanding, these Terms are presented in a dual-column format. The left column contains the legally binding terms, while the right column provides a non-binding summary in plain language to help clarify key points. In the event of any conflict or discrepancy, the terms in the left column shall prevail. The summary on the right is for reference only and does not modify, supplement, or override the legal terms in any way.
2. Definitions.
For purposes of these Terms, the following definitions shall apply:
“Eligible SKU” means Power Banks that qualify for participation in the Renewal Program, as designated by Omni Power at the time of purchase.
“Non-Eligible SKU” means any Power Bank or Power Station that does not qualify for participation in the Renewal Program.
“Purchaser” means the individual, entity, or organization identified in the quote or invoice issued by Omni Power for the purchase of the Products.
“Power Bank” means a portable charging device specifically designed, configured, and intended for exclusive use as part of a bundled offering with the Power Station.
“Power Station” means a charging device designed to house and manage multiple Power Banks.
“Product(s)” means collectively, the Power Banks bundled with the Power Station.
“Renewal Program” has the meaning set forth in Section 4.4 of these Terms.
“Smart Center” means the software services bundled with the purchase of the Products, which enables tracking of power usage and health analytics for the Power Banks.
“Software” means the Smart Center.
3. Purchases & Payments
Payment is required at the time of purchase unless otherwise specified in the applicable invoice issued by Omni Power. Omni Power may offer various payment methods, including check, wire transfer, or online payment through Omni Power’s third-party payment processor (currently Stripe). The Purchaser is responsible for complying with any applicable terms for the selected payment method, whether provided directly by Omni Power or through a third-party payment processor.
By placing an order, the Purchaser represents and warrants that it is authorized to use the selected payment method and that all payment information provided is accurate. For online payments, the Purchaser authorizes Omni Power to charge the chosen payment method for the total amount of the order, including applicable taxes. If updated payment information is received from the Purchaser's issuing bank or payment processor, Omni Power is authorized to use such information for future online transactions.
Omni Power reserves the right to reject any order for any reason. Applicable taxes will be calculated and applied at the time of purchase.
4. Warranty; Refund
4.1 Limited Warranty. Omni Power warrants the Products against defects in materials and workmanship when used normally in accordance with Omni Power’s published guidelines. The applicable warranty period is as follows:
- For Eligible SKUs, the warranty period is two (2) years from the date of delivery.
- For Non-Eligible SKUs, the warranty period is one (1) year from the date of delivery.
Additionally, if a Power Station is found to be defective and covered under the limited warranty in this Section 4.1, the Purchaser must first notify Omni Power and obtain a return authorization. The Purchaser is responsible for shipping the Power Station to Omni Power in safe and secure packaging at their own cost. Upon receipt, Omni Power will repair or replace the Power Station at its sole discretion and return it to the Purchaser at no additional charge. Omni Power is not responsible for damage incurred during shipping due to improper packaging.
4.2 Exclusion. The warranty set forth in Section 4.1 does not apply: (a) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (b) to damage caused by use with any third party component or product that does not meet the applicable Product’s specifications as made available in the Product packaging and on the Omni Power website www.omnicharge.co; (c) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause beyond Omni Power’s control; (d) to damage caused by operating the Products outside Omni Power’s published guidelines; (e) to damage caused by service (including upgrades) performed by anyone who is not a representative of Omni Power; (f) to a Product that has been modified to alter functionality or capability; or (g) to lost or stolen devices, including but not limited those that have been misplaced, abandoned, or taken by third parties.
4.3 Refund Eligibility. Products are subject to the limited warranty outlined in Section 4.1 and are not otherwise refundable.
4.4 Renewal Program. For Eligible SKUs, at the conclusion of the initial two (2) year warranty period, the Purchaser may elect to purchase replacement Eligible SKUs at the then-current market value as determined by Omni Power (the “Renewal Program”). Any replacement Eligible SKUs purchased under this program will include: (i) a two (2) year limited warranty, governed by the same terms and conditions as outlined in Sections 4.1 and 4.2 of these Terms; and (ii) a two (2) year license to the Smart Center, subject to the terms outlined in Section 5. To participate in the Renewal Program, the Purchaser must notify Omni Power in writing of its intent to purchase replacement Eligible SKUs upon the expiration of the initial two (2) year warranty period. Upon receipt of such notice, Omni Power will issue a new invoice for the Power Banks. The Renewal Program applies exclusively to Power Banks and does not include Power Stations.
4.5 Purchaser Responsibility. If the limited warranty in Section 4 applies, or if replacement Products are provided under the Renewal Program, Omni Power will first ship the replacement Products to the Purchaser free of charge. The Purchaser must then return the defective Products using the provided packaging. The Purchaser is responsible for the cost of return shipping in all cases; however, Omni Power may, at its sole discretion, cover return shipping costs upon request. If the Purchaser fails to return the defective Products within 30 days of receiving the replacement, they will be charged the full cost of the replacement Product.
5. Smart Center License
5.1 Eligibility. For Eligible SKUs, the Purchaser will be eligible for a two (2) year license term for the purchase of the Products. In order to access the Smart Center, the Purchaser must provide certain personal information, including the Purchaser's full name and email address. Additional information may be requested to verify the Purchaser’s identity. Omni Power reserves the right to deny access to services if identity verification fails.
5.2 Account Responsibility. The Purchaser is responsible for maintaining the confidentiality of the Purchaser's password and login ID and for ensuring the Purchaser's account information remains accurate and current. By providing an email address, the Purchaser consents to receive required notices and communications electronically. If the Purchaser becomes aware of unauthorized use of the Purchaser's account, the Purchaser must notify Omni Power immediately. The Purchaser is solely responsible for all activities, costs, and fees incurred under the Purchaser's account. Omni Power retains sole discretion to grant, deny, or revoke accounts and reserves the right to reclaim usernames or login IDs in cases of trademark or other legal claims.
5.3 License. The Purchaser’s Subscription grants a non-exclusive, non-transferable, revocable license to access and use the Smart Center solely for personal and non-commercial purposes. The Purchaser is not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Smart Center without Omni Power's prior written consent, except as expressly permitted by applicable law. The Purchaser acknowledges and agrees that they are solely responsible for their use of the Smart Center. Omni Power expressly disclaims liability for the Purchaser’s use of the Smart Center or any actions or inactions related to information derived from it.
5.4 Payment for Power Bank Rental. If the Purchaser elects to use Smart Center’s fee-based Power Bank rental functionalities, all payment transactions, including credit card processing, will be handled exclusively by Stripe. Omni Power does not process, store, or control any payment information related to these transactions. The Purchaser acknowledges and agrees that Stripe’s terms and conditions (available at https://stripe.com/legal) govern all payment processing activities. The Purchaser is solely responsible for ensuring compliance with Stripe’s terms, including any applicable fees, chargebacks, or disputes. Omni Power disclaims any liability related to payment processing, transaction failures, chargebacks, or any financial disputes arising from the use of Stripe in connection with Smart Center.
5.5 Privacy Policy. For more details on how Omni Power collects, uses, and protects personal information, please refer to Omni Power’s Privacy Policy at www.omnicharge.co/pages/privacy-policy (“Privacy Policy”). Omni Power will implement commercially reasonable measures to secure data collected through the Smart Center and will process such data in accordance with its Privacy Policy.
6. Risk of Loss and Title
6.1 Risk of Loss. The risk of loss or damage for Products transfers to the Purchaser upon delivery of the Products to the shipping carrier. Omni Power is not responsible for any damages, loss, or delays that may occur during transit. Once the Products have been shipped and tracking information has been provided to the Purchaser, it is the Purchaser’s responsibility to monitor the shipment and ensure receipt. If the Purchaser does not receive the Products or identifies any damage or loss during transit, they must notify Omni Power in writing within 48 hours of the delivery date or the expected delivery date as provided by the shipping carrier. Failure to provide such notice within this timeframe releases Omni Power from any responsibility, and all liability for the shipment remains with the Purchaser. It is the Purchaser’s responsibility to provide accurate shipping information at the time of purchase and to promptly address any delivery issues with the shipping carrier.
6.2 Title. The title to the Products remains with Omni Power until all payments for the Products, as outlined in the applicable invoice, have been received in full. Until title passes to the Purchaser, the Purchaser agrees to hold the Products in trust for Omni Power and to take all reasonable precautions to protect them from loss or damage. For clarity, the Purchaser acknowledges and agrees that upon transfer of title, the Purchaser assumes full responsibility for the Products, including when they are provided to end-users under rental, lease, or subscription programs. Omni Power is not responsible for any Products not returned by such end-users.
7. Purchaser Responsibilities
The Purchaser agrees not to use the Products for any purpose that is unlawful or prohibited by these Terms. Specifically, the Purchaser agrees to the following:
- The Purchaser will use and maintain the Products in strict accordance with the applicable user manual provided with the Products or made available by Omni Power.
- Purchaser shall not hack, remove, circumvent, disable, damage, tamper with, or otherwise interfere with any existing features, functions, or embedded software offered by the Products, including security features or usage limitations.
- The Purchaser shall not, and shall not assist any third party to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the software or firmware embedded in the Products;
- Copy, modify, adapt, translate, or create derivative works from the software or firmware embedded in the Products;
- Misuse, neglect, perform unauthorized repairs or alterations, conduct improper testing or storage, or otherwise abuse the Products in any manner that may damage, impair, or render them unsafe;
- Use the Products with components or accessories that are not authorized or approved by Omni Power. Use of unauthorized components or accessories may void the warranty and result in damage or malfunction for which Omni Power is not liable; and
- Redistribute, resell, or lease the Products without prior written consent from Omni Power.
8. Intellectual Property Rights
8.1 Ownership. All trademarks, service marks, and trade names (“Marks”) are proprietary to Omni Power, its affiliates, or third-party licensors. Omni Power retains full ownership and control of all intellectual property rights associated with the Products, including but not limited to firmware, software, hardware design, patents, trademarks, copyrights, trade secrets, and any other applicable intellectual property rights. These intellectual property rights are exclusively the property of Omni Power, its subsidiaries, affiliated companies, or third-party licensors, as applicable.
8.2 Restrictions on Use. Except as expressly authorized by Omni Power, the Purchaser agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any intellectual property associated with the Marks and/or the Products.
8.3 No Rights Granted and Enforcement. No rights, licenses, or permissions are granted to the Purchaser, either explicitly or implicitly, to use, reproduce, modify, or distribute any part of the Products or their associated intellectual property, except as explicitly authorized by Omni Power in writing or as permitted under applicable law.
9. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4, THE PRODUCTS, THE SMART CENTER AND ANY SUPPORT SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE, FROM A COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE.
10. Limitations of Liability; Assumption of Risk
10.1 Exclusion of Certain Liabilities. UNDER NO CIRCUMSTANCES SHALL OMNI POWER, ITS EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, AFFILIATES, LICENSORS OR VENDORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE ACCESS TO, USE OF, OR INABILITY TO USE THE PRODUCTS OR SMART CENTER.
10.2 Damage Cap. IF OMNI POWER IS FOUND LIABLE FOR ANY DIRECT DAMAGES, THE TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE SPECIFIC PRODUCTS THAT CAUSED THE DAMAGES.
10.3 Assumption of Risk. The Purchaser assumes all risks associated with the misuse, abuse, or unauthorized modification of the Products, including any such misuse, abuse, or unauthorized modification by the Purchaser's users or third parties to whom the Purchaser provides access to the Products. Omni Power shall not be liable for any damages, injuries, or losses resulting from: (i) using the Products in a manner not authorized by Omni Power per its published guidelines; (ii) failing to follow safety guidelines or user manuals provided with the Products; or (iii) any unauthorized repairs, alterations, or modifications to the Products.
11. Indemnity
11.1 Omni Power Indemnity. Omni Power shall defend, indemnify, and hold the Purchaser, its affiliates, and their respective directors, officers, employees, agents, and representatives (collectively, the “Purchaser Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, demands, complaints, actions, lawsuits, findings, determinations, damages, fees, judgments, settlements, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney’s fees, collectively, “Claims”) arising from injury to or death of any person or damage to, loss, or destruction of, any real or tangible personal property, resulting from any Claims that Products subject to these Terms are defective in design or manufacture. Omni Power will not be liable for, nor indemnify the Purchaser Indemnified Parties against, any Claims to the extent such Claims arise from (i) the misuse, neglect, unauthorized repair, alteration, improper testing, improper storage, or abuse of the Products; (ii) any person’s use of the Products or Smart Center in a manner inconsistent with the instructions in the user manual or applicable training materials or for purposes other than those intended; or (iii) any modifications made to the Products or Smart Center by any party other than Omni Power.
11.2 Purchaser Indemnity. The Purchaser shall defend, indemnify, and hold Omni Power, its affiliates, and their respective directors, officers, employees, agents, and representatives (collectively, the “Omni Power Indemnified Parties”) harmless from and against any and all Claims resulting from or in connection with the Purchaser’s breach or non-fulfillment of any covenants, agreements, or obligations set forth under these Terms. Notwithstanding the foregoing, the Purchaser’s indemnity obligations under this Section 11.2 shall not apply to the extent a third-party Claim arises out of a Claim covered under Section 11.1.
12. Miscellaneous
12.1 Assignment. Neither party hereof may assign or transfer its rights or obligations under these Terms, whether voluntarily, by operation of law, or otherwise, without the prior written consent of the other party.
12.2 Notices. Any notice required or permitted under these Terms will be effective if sent in writing by email to sales@omnipower.co, in the case of Omni Power, or to the Purchaser at the email address provided in the applicable Order. Either party hereof may update its contact information for notices by providing written notice to the other party. Notices are deemed effective two (2) business days following the date of transmission.
12.3 Waiver. Failure by either party hereof to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.
12.4 Severability. If any provision of these Terms, or portion thereof, is found by a court of competent jurisdiction to be unenforceable, the remainder of these Terms shall remain in full force and effect.
12.5 Governing Law. These Terms are governed by the laws of the California. Any claims, legal proceedings, or disputes arising out of or relating to these Terms shall be brought exclusively in the state courts located in Los Angeles, California. Both Parties consent to the jurisdiction of such courts.
12.6 Amendments. These Terms may not be modified, amended, or supplemented except in a writing signed by a duly authorized representative of both Omni Power and the Purchaser.
12.7 Entire Agreement. These Terms govern the purchase and use of the Products and the Software and constitute the complete and exclusive agreement between Omni Power and the Purchaser regarding the subject matter. These Terms supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, relating to such purchases. No other terms or conditions, including any terms or conditions proposed by the Purchaser in any purchase order, acknowledgment, or other document, shall apply to the purchase and use of Products or Software, unless expressly agreed to in writing by Omni Power.
12.8 Right to Modify Terms. Omni Power reserves the right to amend or update these Terms at its sole discretion at any time. Any changes to these Terms will become effective as follows: (i) immediately upon posting the updated Terms on Omni Power’s website; or (ii) upon direct notification to the Purchaser via email or other reasonable communication methods, as applicable. Notwithstanding the foregoing, for any Products purchased, the version of the Terms in effect on the date the Purchaser places an order, as confirmed by Omni Power’s issuance of an invoice, will govern that transaction.
12.9 Additional Terms. In some instances, certain products, services, or subscriptions offered by Omni Power may be governed by separate terms and conditions (“Additional Terms”). If Additional Terms apply to a purchase or subscription, Omni Power will provide the Purchaser with a copy of the Additional Terms or otherwise make them available for review prior to completing the applicable transaction. If there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms shall control, but only to the extent expressly stated within the Additional Terms.
12.10 Injunctive Relief. The Purchaser acknowledges and agrees that any breach or threatened breach of 5.3 (License), Section 7 (Purchaser Responsibilities) and 8.2 (Restrictions on Use) of these Terms would cause Omni Power irreparable harm for which monetary damages may be an inadequate remedy. Accordingly, in the event of such a breach or threatened breach, Omni Power shall be entitled, without the requirement of posting a bond or proving actual damages, to seek immediate injunctive relief, including specific performance or other equitable remedies, to prevent or restrain any such breach or threatened breach. This provision shall not limit any other remedies available to Omni Power at law or in equity, including the right to recover damages, attorney’s fees, and costs.
