Omni Power Terms & Conditions

Last Updated:  February 6, 2026

1. Acceptance.  

These terms and conditions (the "Terms") govern (a) 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”) and (b) to the extent expressly stated herein, Omni Power’s warranty, Smart Center license, and other obligations toward end‑customers that acquire Products from an authorized reseller. 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 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:

“Accessories” means carts, stands, mounts, cables, and other hardware or peripheral items designated by Omni Power as compatible with the Products, but which are not included in the definition of “Products.” For clarity, Accessories do not participate in the Power‑as‑a‑Service Program and are not Eligible SKUs.

“Eligible SKU” means Power Banks that qualify for participation in the Power-as-a-Service 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 Power-as-a-Service Program. 

“Purchaser” means the individual, entity, or organization identified in the quote or invoice issued by Omni Power for the purchase of the Products. For clarity, where Products are purchased through an authorized reseller, “Purchaser” also includes the end‑customer that acquires the Products from such authorized reseller, but only with respect to Omni Power’s warranty, Smart Center license, and other rights and obligations expressly stated in these Terms to apply to end‑customers.  

“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.

“Power-as-a-Service Program” has the meaning set forth in Section 4.5 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 Product Warranty. Omni Power warrants the Products against defects in materials and workmanship when used normally in accordance with Omni Power's published guidelines (the "Limited Warranty"). Omni Power's "Published Guidelines" include but are not limited to information contained in technical specifications, quick start guides, user manuals, and service communications published or authorized by Omni Power and made available at www.omnicharge.co or provided with the Products. The warranty period is two (2) years from the date of delivery of the Products to the Purchaser or the Purchaser's designated recipient (the "Warranty Period").

Additionally, if a Power Station is found to be defective and covered under the Limited Warranty, 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 Limited Accessory Warranty. Omni Power warrants the Accessories against defects in materials and workmanship when used normally in accordance with Omni Power’s published guidelines (the “Accessory Limited Warranty”). Omni Power’s “Published Guidelines” include but are not limited to information contained in technical specifications, quick start guides, user manuals, and service communications published or authorized by Omni Power and made available at www.omnicharge.co or provided with the Accessories. The warranty period for Accessories is two (2) years from the date of delivery of the Accessories to the Purchaser or the Purchaser’s designated recipient (the “Accessory Warranty Period”). The Accessory Limited Warranty is separate from, and does not confer eligibility for, the Power‑as‑a‑Service Program. 

4.3 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.

4.4 Battery Limitation.  This Limited Product Warranty and the Accessory Limited Warranty do not apply to consumable parts, including batteries and cells ("Battery Components"), which naturally diminish in capacity and performance over time through normal use. Gradual reduction in battery capacity, runtime, or charging speed due to normal chemical aging and charge cycles is not a defect and is not covered by this Limited Warranty. This is normal behavior for all lithium-ion and lithium- polymer battery technologies. For Eligible SKUs, battery degradation is addressed through the Power-as-a-Service Program described in Section 4.6.

4.5 Refund Eligibility.  Products are not refundable. The sole remedy for defective Products is replacement or repair under the Limited Warranty set forth in Section 4.1.

4.6 Power-as-a-Service Program.  For Eligible SKUs, the Purchaser may participate in the Power-as-a-Service Program (the "Power-as-a-Service Program") subject to the following terms:

1. During the initial Warranty Period, Power Banks are covered under the Limited Warranty set forth in Section 4.1, subject to the exclusions in Section 4.2. In addition, Power Banks experiencing significant battery degradation may be replaced at Omni Power's sole discretion, subject to the exclusions in Section 4.2. 
2.  At the conclusion of the initial Warranty Period, the Purchaser may renew the Power-as-a-Service Program by purchasing replacement Eligible SKUs (the complete set of Power Banks originally purchased) at the then-current market value as determined by Omni Power. Any replacement Eligible SKUs purchased under this program will include: (i) a new two (2) year Limited Warranty governed by Sections 4.1 and 4.2; and (ii) a new two (2) year Smart Center license governed by Section 5.
3. If the Purchaser does not renew the Power-as-a-Service Program upon expiration of the initial two (2) year Warranty Period, the Smart Center license will be revoked and the Limited Product Warranty will expire.
4. To renew the Power-as-a-Service Program, the Purchaser must contact Omni Power at support@omnipower.co.

4.7 Warranty Claims Process.  If the Limited Warranty in Section 4.1 or the Accessory Limited Warranty in Section 4.2 applies, or if replacement Products are provided under the Power-as-a-Service Program, the Purchaser must contact Omni Power at support@Omnipower.co to initiate a warranty claim. Omni Power will evaluate the claim and determine, in its sole discretion, the appropriate remedy, which may include but is not limited to: (a) remote troubleshooting and technical support; (b) shipping a replacement Product to the Purchaser before receiving the allegedly defective Product; (c) requiring the Purchaser to return the Product for inspection before providing a replacement; (d) repair of the Product; or (e) any other resolution Omni Power deems appropriate. If Omni Power elects to ship a replacement Product before receiving the allegedly defective Product, the Purchaser must return the original Product within thirty (30) days of receiving the replacement. The Purchaser is responsible for return shipping costs unless Omni Power agrees in writing to cover such costs. If the Purchaser fails to return the original Product within thirty (30) days, or if upon inspection Omni Power determines the Product is not covered under this Limited Warranty, Omni Power reserves the right to charge the Purchaser the full retail price of the replacement Product. All returned Products must be shipped in suitable protective packaging to prevent damage during transit. Omni Power is not responsible for Products damaged during return shipment. Returns require a Return Authorization number obtained from Omni Power prior to shipment.

4.8 Consumer Law Acknowledgement. The Limited Product Warranty and the Accessory Limited Warranty (together, the “Limited Warranties”) give the Purchaser specific legal rights. The Purchaser may also have other rights that vary by jurisdiction. To the extent permitted by applicable law, this Limited Warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral, written, statutory, express, or implied. However, nothing in these Terms excludes, limits, or modifies any consumer rights or remedies that cannot be lawfully excluded, limited, or modified under applicable law, including but not limited to: (a) statutory warranties or guarantees under consumer protection legislation; (b) rights arising from product liability laws; and (c) Any other mandatory consumer protection rights under applicable law. 

For a full understanding of your rights, consult the laws of your country, province, or state.

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

7.1 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:

1. 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.
2. 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.
3. The Purchaser shall not, and shall not assist any third party to:
   
   1. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the software or firmware embedded in the Products;
      
   2. Copy, modify, adapt, translate, or create derivative works from the software or firmware embedded in the Products;
      
   3. 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;
      
   4. 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
      
   5. Redistribute, resell, or lease the Products without prior written consent from Omni Power. Notwithstanding the foregoing, this restriction on redistribution, resale, or lease does not apply to authorized resellers acting within the scope of a written reseller or distribution agreement with Omni Power, or to end‑customers that provide the Products to their own users as part of a permitted rental, lease, or subscription program, so long as such use complies with these Terms and Omni Power’s published guidelines.
      

7.2 Configuration. The Products may contain features that allow the Purchaser to modify certain operational settings, including enabling AC Default-On functionality and other configuration options. The Purchaser acknowledges and agrees that:

1. The Purchaser is solely responsible for any and all settings, configurations, and operational choices made through the app or Product interface. Omni Power does not control, monitor, or approve individual setting changes made by the Purchaser.
   
2. The Purchaser assumes all risks associated with custom configurations and non-default settings, including but not limited to increased power consumption, battery degradation, overheating, electrical safety risks, fire hazards, damage to connected devices, and any injuries or losses to the Purchaser or third parties (including end-users to whom the Purchaser provides access to the Products).
   
3. In addition to other disclaimers and waivers contained herein, Omni Power expressly disclaims all liability for any Claims arising from or related to the Purchaser's configuration choices or operational settings.
   
4. If the Purchaser provides Products to end-users, the Purchaser is solely responsible for educating such end-users on safe operation, communicating any risks associated with configuration settings, monitoring usage, and preventing misuse.
   

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.  Purchaser’s physical address will determine the law that will apply in any dispute or lawsuit arising out of or in connection with these Terms and the courts that have jurisdiction over any such dispute or lawsuit, as set out in the table below:

User Location	Governing Law	Jurisdiction & Venue
United States	Delaware	State and federal courts of Kent County, Delaware
United Kingdom	England and Wales	Courts of London, England
European Union	Netherlands	Courts of Amsterdam, Netherlands
Japan	Japan	Tokyo District Court, Tokyo
Australia	Australia	Sydney, Australia
All Other Territories	Delaware	State and federal courts of Kent County, Delaware

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 Sections 5.3 (License), 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.

12.11 Local Laws.  Where the Purchaser is a consumer, nothing in these Terms shall limit, exclude, or waive any statutory rights or protections that cannot be lawfully waived under applicable consumer protection laws in the Purchaser's jurisdiction. If any provision of these Terms is found to conflict with such mandatory laws, that provision shall be modified to the minimum extent necessary to comply with such laws, and the remainder of these Terms shall remain in full force and effect.