Terms of Use

 

Thank you for your interest in EcoFlow power station and battery products, accessories and applications (the “Product”) offered by EcoFlow Inc. (“EcoFlow”). Please read the following terms and conditions carefully. By using this product, you acknowledge that you have read, understood, and agree to be bound by the following terms of use (the “Product Terms”), and the EcoFlow Privacy Policy (https://ecoflow.com/pages/privacy-policy) (together, these “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not use the Product. You may be entitled to a full refund of your purchase of the Product if you return the Product in accordance with the EcoFlow Return & Refund Policy  (https://ecoflow.com/pages/ecoflow-return-policy).

 

To access certain features of the Product, you must use the EcoFlow app application to control the Product. You might be required to login to such apps with your EcoFlow account.

 

Subject to the country specific provisions below, these Terms provide that all disputes between you and EcoFlow will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 10 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with EcoFlow.

 

FOR EUROPEAN UNION (EU) USERS: Subject to the country specific provisions below, these Terms provide that all disputes between you and EcoFlow will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 10 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with EcoFlow.

 

THE PRODUCT IS NOT A TOY. IT IS A COMPLICATED PRODUCT. While the Product adopts the most advanced technology, inappropriate use of the Product could result in personal injury or property damages. Please read the User Manual, User Guides, Quick Start Guide and Disclaimer and Safety Guidelines associated with the Product before your first use of the Product. These documents are included in the Product package or are available online on the EcoFlow Product page at http://www.ecoflow.com .

 

You acknowledge and agree that, as provided in greater detail in these Terms:

 

subject to the country specific provisions below, the Product is provided “as-is” and without warranties of any kind other than those provided for in the EcoFlow Limited Warranty (https://ecoflow.com/pages/warranty-policy) and EcoFlow’s liability to you is limited.

FOR EU USERS: the Product is provided “as-is” and without warranties of any kind except for those provided for in the EcoFlow Warranty Policy (https://ecoflow.com/pages/warranty-policy) and any warranties implied by law, such as legal guarantees of conformity for goods offered to consumers in the EU, and EcoFlow’s liability to you is limited as set out in the country variations section of the Product Terms.

FOR AUSTRALIAN USERS: except for your right and statutory guarantees as described in Section 6.1, the Product is provided “as-is” and without warranties of any kind other than those provided for in the EcoFlow Warranty Policy (https://ecoflow.com/pages/warranty-policy) ,and EcoFlow’s liability to you is limited.

 

  1. Eligibility.

 

Users under 18 years of age are strongly advised to use EcoFlow products under the adult supervision. By agreeing to these Terms, you represent and warrant to us that: (a) you have full knowledge of how to use the Product; and (b) your activation and your use of the Product is in compliance with all applicable laws and regulations. If you are using the Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

  1. Feedback.

 

If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Product (“Feedback”), then you hereby grant EcoFlow an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.

 

  1. Your Obligations.

 

By using the Product, and by entering into these Terms, you represent and warrant that your use of the Product and your involvement of events or activities incidental to your use of the Product comply and will comply with all applicable laws, statutes, and regulations, and that you will not use the Product except as expressly permitted under these Terms. For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People's Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Service Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations.

 

For users located in Australia, this includes complying with the relevant provisions of the Privacy Act 1998 (Cth).

 

For users located in the EU, this includes complying with the relevant privacy and data protection laws, and safety regulations applicable in the country where you are located.

 

  1. Materials.

 

The visual interfaces, graphics, design, firmware, software, services, and all other elements of the Product (“Materials”) provided by EcoFlow are protected by intellectual property and other laws. All Materials contained in the Product are the property of EcoFlow or our third-party licensors. EcoFlow reserves all rights to the Materials not granted expressly in these Terms.

 

  1. Indemnity.

 

You are responsible for your use of the Product. You will defend and indemnify EcoFlow and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “EcoFlow Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) use or alleged use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

FOR EU USERS: THIS SECTION 5 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A).

 

FOR AUSTRALIAN USERS: THIS SECTION 5 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B).

 

  1. Disclaimers; No Warranties.

 

EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY (POLICY AVAILABLE AT (https://ecoflow.com/pages/warranty-policy), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ECOFLOW ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ECOFLOW ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE ECOFLOW ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR ECOFLOW HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.

 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

FOR EU USERS: THIS SECTION 6 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A).

 

FOR AUSTRALIAN USERS: THIS SECTION 6 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B).

 

  1. Limitation of Liability

 

IN NO EVENT WILL THE ECOFLOW ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ECOFLOW ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 10.4(iii), THE AGGREGATE LIABILITY OF THE ECOFLOW ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

FOR EU USERS: THIS SECTION 7 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A).

 

FOR AUSTRALIAN USERS: THIS SECTION 7 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B).

 

  1. Governing Law and Jurisdiction.

 

Subject to the country specific provisions below, these Terms are governed by the laws of Special Administrative Region of Hong Kong, PRC, without giving effect to the principles of conflict of laws. If arbitration is permitted under these Terms, then you and EcoFlow agree to submit to Hong Kong International Arbitration Center (HKIAC) according to its arbitration rules.

 

FOR EU USERS: THIS SECTION 8 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A).

 

FOR AUSTRALIAN USERS: THIS SECTION 8 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B).

 

  1. General.

 

These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and EcoFlow regarding your use of the Product. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 1 and 3-10 of these Product Terms will survive, as will any other provisions specified as surviving the termination of the Product Terms, the EcoFlow.com Terms of Use, the EcoFlow Privacy Policy, and any other applicable terms and conditions in such agreements.

 

EXCEPTION, for EU USERS: We may assign our rights and obligations under these Terms without your prior express consent, provided that we assign the Terms on the same conditions or conditions that are no less advantageous to you.

 

  1. Dispute Resolution and Arbitration

 

FOR EU USERS: Section 10 is not applicable to you.

 

10.1 Generally. In the interest of resolving disputes between you and EcoFlow in the most expedient and cost effective manner, you and EcoFlow agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ECOFLOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

10.2 Exceptions. Despite the provisions of Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

 

FOR AUSTRALIAN USERS: Despite the provisions of Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) claim in relation to your rights and statutory guarantees in Section 6.1; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

 

10.3 Arbitrator. Any arbitration between you and EcoFlow will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting EcoFlow.

 

10.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). EcoFlow’s address for Notice is: A202, Factory Building, Founder Science and Technology Industrial Park, North of Songbai, Shenzhen, Guangdong, China. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or EcoFlow may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or EcoFlow must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, EcoFlow will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by EcoFlow in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

 

10.5 Fees. If you commence arbitration in accordance with these Terms, EcoFlow will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse EcoFlow for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

10.6 No Class Actions. YOU AND ECOFLOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EcoFlow agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

10.7 Modifications of This Arbitration Provision. If EcoFlow makes any future change to this arbitration provision, other than a change to EcoFlow's address for Notice, you may reject the change by sending us written notice within 30 days of the change to EcoFlow’s address for Notice, in which case your account with EcoFlow will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

 

10.8 Enforceability. If Section 10.6 is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 (other than, in the latter case, Section 10.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 8 will govern any action arising out of or related to these Terms.

 

  1. Contact Information.

 

The Product is offered by EcoFlow Inc. and its affiliated companies, located at A202, Factory Building, Founder Science and Technology Industrial Park, North of Songbai, Shenzhen, Guangdong, China. You may contact us by sending correspondence to that address or by emailing us at support@ecoflow.com.

 

  1. Country Variations.

 

  1. EU Users.

 

For EU users the following sections apply:

 

  1. Indemnity.

 

You are responsible for your use of the Product. You agree to compensate in full EcoFlow and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “EcoFlow Entities”) from and against every claim, liability, damage, loss, and expense, including reasonably foreseeable attorneys' fees and costs, arising out of or in any way connected with: (a) use or alleged use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. If, at EcoFlow’s request, you permit EcoFlow, to assume the exclusive defense and control of any matter for which you are required to compensate us under this paragraph (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

  1. Disclaimers and Warranties.

 

EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY (POLICY AVAILABLE AT (https://ecoflow.com/pages/warranty-policy), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, THE ECOFLOW ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ECOFLOW ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

TO THE EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE ECOFLOW ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS AND WHICH IS NOT ATTRIBUTABLE TO THE ECOFLOW ENTITIES OR TO THE PRODUCT. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR ECOFLOW HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT AND FOR WHICH THE ECOFLOW ENTITIES CANNOT BE HELD LIABLE UNDER THE TERMS.

 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW (SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO EU CONSUMERS) AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

  1. Limitation of Liability

 

IN NO EVENT WILL THE ECOFLOW ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ECOFLOW ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOURS OR OUR LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS, FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR AGENTS OR EMPLOYEES OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. Governing Law and Jurisdiction.

 

You and EcoFlow both agree that these Terms are non-exclusively governed by the laws of England and Wales, which means that the laws of England and Wales apply but that you still enjoy the protection of the consumer protection laws of the country in which you live.

 

You agree to submit to the non-exclusive jurisdiction of the English Courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in a court located in England or in the EU country in which you live. However, if you are a consumer, EcoFlow will bring claims against you before the courts of the EU country in which you live.

 

  1. Australian Users.

 

For Australian users the following sections apply:

 

  1. Indemnity.

 

You are responsible for your use of the Product. You will defend and indemnify EcoFlow and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “EcoFlow Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) negligent use or alleged negligent use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

  1. Disclaimers and Warranties.

 

6.1 Statutory Guarantees.

 

IF YOU ARE AN AUSTRALIAN RESIDENT THEN OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS AND SERVICES REPAIRED OR REPLACED IF THE GOODS AND SERVICES FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.

 

GUARANTEES INCLUDE (WITHOUT LIMITATION) THAT (A) THE PRODUCT IS PROVIDED WITH ACCEPTABLE CARE, SKILL AND TECHNICAL KNOWLEDGE AND TAKING ALL NECESSARY STEPS TO AVOID LOSS AND DAMAGE; (B) THE PRODUCTS ARE FIT FOR THE PURPOSE OR GIVE THE RESULTS THAT YOU AND ECOFLOW AGREED TO; (C) THE PRODUCT IS DELIVERED WITHIN A REASONABLE TIME.

 

TO CLAIM UNDER THIS WARRANTY YOU MUST CONTACT:

 

support@ecoflow.com

 

IF YOU MAKE A CLAIM AND ARE NOT ENTITLED TO A STATUTORY GUARANTEE, ECOFLOW RESERVES THE RIGHT TO REQUIRE THAT THE YOU PAY ANY EXPENSES AND COSTS ASSOCIATED WITH THE CLAIM.

 

6.2 Disclaimer.

 

NOTHING IN THIS SECTION 6.2 LIMITS YOUR RIGHTS AND STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1. THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ECOFLOW ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ECOFLOW ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW  WARRANTY POLICY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE ECOFLOW ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR ECOFLOW HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.

 

THE BENEFITS PROVIDED TO THE CONSUMER BY THE WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES AVAILABLE TO THE CONSUMER UNDER THE LAW INCLUDING THE STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1.

 

  1. Limitation of Liability

 

EXCEPT FOR OUR LIABILITY TO YOU UNDER THE STATUTORY GUARANTEES DESCRIBED IN SECTION 6.1 (WHICH IS NOT LIMITED OR EXCLUDED):

 

IN NO EVENT WILL THE ECOFLOW ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ECOFLOW ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

 

EXCEPT AS PROVIDED IN SECTION 10.4(iii), THE AGGREGATE LIABILITY OF THE ECOFLOW ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7.1 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. Governing Law and Jurisdiction.

 

These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and EcoFlow agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. For avoidance of doubt, Section 10 will not apply to matters that may be taken to the small claims court or matters relating to your rights and statutory guarantees described in Section 6.1.