USER AGREEMENT
Offer to Enter into a Power Bank Rental Agreement
Terms of Use of the PowerApp Service
(version dated 9 April 2026)
Under these Terms, Svyaz LLC (the “Rights Holder”) offers any legally capable individual aged 14 or older (the “User”) the opportunity to use the PowerApp service (the “Service”), accept this Offer and thereby enter into an agreement with the Rights Holder governing legal relations connected with use of the Service (the “Agreement”, the “Terms” or the “Offer”) on the terms set out below.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING POWER BANK RENTAL THROUGH THE RELEVANT APPLICATION.
THE USER (INCLUDING YOU) ACKNOWLEDGES AND UNDERSTANDS THAT USE OF POWER BANKS AND/OR STATIONS REQUIRES CERTAIN SKILLS AND COMPLIANCE WITH CONDITIONS THAT PROMOTE THE SAFE OPERATION OF THIS EQUIPMENT FOR THE USER (INCLUDING YOU) AND OTHERS.
THE USER (INCLUDING YOU) UNDERSTANDS THE RISK OF ADVERSE CONSEQUENCES FOR THEMSELVES OR OTHERS ARISING FROM FAILURE TO COMPLY WITH THE CONDITIONS FOR USE OF POWER BANKS AND/OR STATIONS THAT ENSURE THE SAFE OPERATION OF THIS EQUIPMENT.
Rental of a power bank and use of the Service’s functionality constitute the User’s acceptance (including your acceptance) of these Terms and the terms of other governing documents in full, without reservations or exceptions. If the User (including you) does not agree with these Terms in whole or in part, the User (including you) may not access Rental or use power banks and/or Stations in any way.
The Agreement is entered into by accession to these Terms pursuant to Article 428 of the Civil Code of the Russian Federation. The Agreement is not a public contract within the meaning of Article 426 of the Civil Code of the Russian Federation.
The Rights Holder reserves the right to change the names of buttons in the Application referred to in these Terms while preserving their functionality.
The Rights Holder provides services under this Agreement as part of the commercialisation of research and development results obtained as a participant in the Skolkovo project, in accordance with Federal Law No. 244-FZ of 28 September 2010 “On the Skolkovo Innovation Centre”.
1. Terms
1.1. Station means equipment that stores and dispenses power banks to Users for Rental and subsequently accepts power banks from Users upon completion of Rental; its location is indicated in the Application.
1.2. Acceptance means the User’s consent to these Terms given in the manner provided for in Clauses 2.1.1–2.1.3 of the Terms.
1.3. Rental means the temporary, short-term transfer to the User of the right to use and possess a power bank in accordance with its intended purpose, from the start of Rental until its completion under the rules set out in these Terms.
1.4. Rental Fee means the Rights Holder’s remuneration for providing power banks to the User for Rental.
1.5. Power Bank means a portable battery for mobile devices available to the User for Rental under these Terms.
1.6. Licence Fee means the Rights Holder’s remuneration for granting the User the right to use the relevant Application as part of the provision of the Service.
1.7. Service Fee means the Rental Fees and Licence Fees paid by the User to the Rights Holder in accordance with these Terms.
1.8. Application means the PowerApp software designed to operate on smartphones, tablets and other mobile devices for the App Store (itunes.apple.com) and/or Google Play (play.google.com) platforms, through which the User registers to enter into a rental agreement and obtains information on entering into the Agreement and using a Power Bank.
1.9. Linked Card means any bank card linked to the User’s account in the Service Application. To use the Service, the User provides the following details: card number, expiry date and security code. If the card details are correct and valid and use of the card within the Service is technically possible, that bank card obtains Linked Card status and may be used to make payments in accordance with these Terms.
1.10. Service means a software system that enables Users to rent a power bank for mobile devices under these Terms through the Application.
1.11. Party means the Rights Holder or the User, collectively referred to as the Parties.
1.12. Tariffs means the amount of the Service Fee determined and indicated in the Application.
2. Entering into the Agreement
2.1. To enter into the Agreement and obtain access to Rental and other functionality of the Service, the User must accept the Terms. Acceptance of the Terms means that the User accepts these Terms as they relate to the Application through which the User accessed the Service and undertakes to comply with them. Acceptance is deemed completed by the User upon completion of the following actions:
2.1.1. The User has provided accurate information in the scope and manner specified in the Application. Such information is requested by the Rights Holder and provided by the User before access to Rental is granted. If the User does not have the Application and/or an active account in the Application, the User must install the Application and/or register an account.
2.1.2. The User has confirmed that they have read the Terms and other documents in full by pressing a button (swiping a toggle to the right):
- “Rent a power bank” or “I agree to the Terms” in the PowerApp Application; or
- pressing the “Next” button in the PowerApp mobile application;
or taking any other action offered to the User as confirmation and acceptance of the Terms of Use of the Service in the Application when first pressing the “Rent a power bank” button (or another button with the same meaning). Taking the actions specified in this Clause 2.1.2 of the Terms constitutes the User’s acceptance of the Terms in respect of the relevant Application;
2.1.3. The User adds a Linked Card in the Application, provided that the Linked Card has not been added previously, and an amount of up to 130 (one hundred and thirty) rubles is charged to verify the accuracy and validity of the Linked Card details. If the transaction is successful, that amount is returned to the User. An unsuccessful attempt to charge that amount means that the Linked Card cannot be added and access to Rental or other functionality of the Service cannot be obtained.
2.2. The Rights Holder bears no liability or obligations under this Agreement if the User’s accession to the Agreement in accordance with Clause 2.1 of the Terms is impossible for reasons not attributable to the Rights Holder.
2.3. The Rights Holder bears no liability or obligations if acceptance of the Terms is impossible for reasons for which the Rights Holder is NOT responsible.
2.4. By accepting the Terms, the User confirms that any actions performed in the Application under the User’s account are performed personally by the User. The User bears all risks associated with unauthorised use of the User’s account or device.
2.5. By entering into this Agreement, the User confirms that they:
2.5.1. Have sufficient command of the Russian language to read and understand the meaning and significance of the Agreement.
2.5.2. Have read the terms of the Agreement, understood the meaning and significance of the documents referred to in it, agree with their content and undertake to comply with the requirements established by them, and understand all consequences of entering into the Agreement and further use of the Service and the Application.
2.5.3. Agree to the installation in a Station of any equipment and technology that makes it possible to track and record the Station’s exact coordinates, movement and condition.
2.6. By entering into this Agreement, the User represents that they are entitled to exercise their rights independently and to acquire and bear the obligations provided for by these Terms.
3. Subject Matter of the Terms
3.1. The Terms establish the general conditions for provision of the Service to the User, including the Rights Holder’s grant of the right to use the Application to rent a power bank, use a Station to collect or return a power bank, and receive a power bank for Rental.
3.2. The Service is provided to the User on the basis of requests submitted through the Application by pressing the “Rent a power bank” button (or another button with the same meaning). As regards the grant of the right to use the Application, the Agreement is entered into under a simplified procedure pursuant to Paragraph 5 of Article 1286 of the Civil Code of the Russian Federation.
3.3. The Rights Holder owns the exclusive right to the Application.
3.4. The User may use the relevant Application under a simple (non-exclusive) licence worldwide for the term of the Agreement for its intended functionality, including by copying and installing (reproducing) it on the User’s mobile device or devices. The Rights Holder grants the User, free of charge, the right to use the Application by installing it on the User’s device to register an account in the Service and to use the Application for its intended functionality, except for use of the Application for Rental. The Rights Holder grants the User the right to use the Application for its intended functionality to rent a power bank for a fee, on the terms determined by this Agreement and by the request submitted by the User in the manner set out in Clause 3.2 of this Agreement.
3.5. The Rights Holder provides the User with a power bank for short-term rental for personal, non-commercial use.
3.6. The User’s use of the Service is governed by this Agreement and other documents posted by the Rights Holder in the Application.
4. Rights and Obligations of the Parties
4.1. The Rights Holder is entitled to:
4.1.1. Require the User to pay the Service Fee in accordance with Section 6 of this Agreement;
4.1.2. Terminate this Agreement unilaterally if the User breaches its terms;
4.1.3. Deny access to the Service to Users who, in the Rights Holder’s opinion, act in bad faith in relation to the Service;
4.1.4. Impose fines on a User who breaches the terms of this Agreement. The Rights Holder may send the User an invoice for payment of the imposed fine;
4.1.5. Refuse to enter into the Agreement if the User provides inaccurate or incomplete information when registering in the Application;
4.1.6. Suspend performance or refuse to perform the Agreement if the User fails to pay the Service Fee and/or breaches other provisions of the Terms;
4.1.7. Record, through the Application, identifying data of the User and of the power bank provided to the User for Rental;
4.1.8. Monitor the preservation and technical condition of the power bank and/or Station and monitor whether their use complies with the purposes established by this Agreement.
4.2. The Rights Holder undertakes to:
4.2.1. Grant the User the right to use the relevant Application selected by the User to access the Service;
4.2.2. Remedy errors arising during operation of the Application, where possible;
4.2.3. Refrain from actions that may impede the User’s use of the Application, except where the User breaches obligations under this Agreement.
4.2.4. Provide the User with a power bank for Rental in accordance with this Agreement;
4.2.5. Provide the User through the Application with complete information about the power bank and/or Station necessary for their use;
4.3. The User is entitled to:
4.3.1. Use the Application and the Station, rent power banks and use other functionality of the Service in the manner and on the terms provided for by this Agreement.
4.4. The User undertakes to:
4.4.1. Pay the Service Fee on time in accordance with the tariff selected by the User from those available in the Application and ensure that the Linked Card has sufficient funds;
4.4.2. Use the power bank strictly in accordance with its intended purpose and this Agreement;
4.4.3. Obtain a power bank for Rental in the manner provided for in Section 5 of this Agreement;
4.4.4. Keep the power bank safe from the start of Rental until Rental ends;
4.4.5. Return the power bank in good working order and without damage;
4.4.6. Upon completion of Rental, return the power bank, in accordance with Section 5 of this Agreement, to any Station shown in the Application as available for power bank returns and having a free slot for the power bank;
4.4.7. Not transfer the power bank to third parties, including by sublease. A power bank may be provided to third parties for use only on the terms set out in Clause 5.4 of this Agreement.
4.4.8. Take appropriate measures to protect information about the User’s account in the Application, including the User’s name and password, from unauthorised use by others and, if such use is detected, promptly notify the Rights Holder through the support service of the relevant Application or by email: info@powerapp.world.
4.4.9. Not disclose account details in the Application to third parties;
4.4.10. If funds are charged from the User’s account in an amount that does not comply with the terms of the Agreement, immediately notify the Rights Holder through the support service of the relevant Application or by email:info@powerapp.world.
4.4.11. Not dismantle the power bank and/or Station, alter the design of the power bank and/or Station, or alter or modify the software of the power bank and/or Station;
4.4.12. Immediately notify the Rights Holder through the Application of any damage to the power bank incurred during Rental, other incidents related to use of the power bank and/or Station, and any damage to the Station.
4.4.13. Except for use expressly permitted by these Terms or the legislation of the Russian Federation, the User may not alter, decompile, disassemble, decrypt or otherwise act upon the object code of the Application for the purpose of extracting the Application’s source code and/or obtaining information about the implementation of algorithms used in the Application, create derivative works using the Application, or otherwise use (or permit others to use) the Application without the Rights Holder’s written consent.
4.4.14. The User may not reproduce or distribute the Application for commercial purposes, including for a fee or as part of collections of software products, without the Rights Holder’s written consent.
4.4.15. The User may not distribute the Application in a form other than that in which it was received without the Rights Holder’s written consent.
4.4.16. Stop using the power bank if:
- the power bank and/or Station is damaged during Rental, regardless of whether the User is at fault;
- damage to the power bank and/or Station, or another incident related to their use, causes damage to third-party property, regardless of whether the User is at fault;
- the power bank and/or Station is damaged to such an extent that further use is impossible or unsafe; the Rights Holder must be informed through the support service of the relevant Application and by email: info@powerapp.world.
4.5. By entering into this Agreement, the User confirms that they have been informed of the following:
4.5.1. The power bank contains a lithium-ion battery;
4.5.2. The power bank has several connector options for different mobile-device models. The User independently selects the correct connector to supply power to the mobile device.
4.5.3. If, while charging a mobile device, the charge indicator is off or shows red, the power bank needs to be recharged.
4.5.4. When the power bank is connected to a mobile device, the mobile device uses the power bank’s electricity first.
4.5.5. Once the mobile device is fully charged, the power bank must be disconnected promptly to prevent malfunctions.
4.5.6. Not exceed the maximum limit for use of the power bank of 3,350 (three thousand three hundred and fifty) rubles, accrued at the applicable tariff rates from the time the User receives the Power Bank until it is returned to a Station of the Rights Holder. If the User does not return the Power Bank before the maximum limit is exceeded, the Power Bank is deemed lost by the User.
4.6. USERS ARE STRICTLY PROHIBITED FROM:
4.6.1. Removing the outer casing of the power bank and/or Station;
4.6.2. Dismantling the power bank and/or Station;
4.6.3. Crushing the power bank;
4.6.4. Puncturing the power bank;
4.6.5. Using the power bank in water and/or in contact with other liquids;
4.6.6. Placing the power bank in water;
4.6.7. Placing the power bank in fire;
4.6.8. Placing the power bank in locations with temperatures above 55°C (131°F), including a bathhouse, sauna or infrared sauna;
4.6.9. Ingesting the power bank;
4.6.10. Connecting more than two mobile devices to the power bank at the same time;
4.6.11. Removing stickers, identification numbers or barcodes, or adding inscriptions, stickers or markings, damaging the paint coating of, or soiling the power bank and/or Station.
4.7. The Rights Holder hereby notifies, and the User understands and agrees, that improper use or use of the power bank other than for its intended purpose may endanger the life and health of the User, third parties and animals and may pollute the environment. The User understands and agrees that they have been informed of the conditions for safe use of the power bank set out in Clauses 4.4.16, 4.5 and 4.6 of the Terms and bears sole responsibility for their actions.
5. Procedure for obtaining and returning a power bank
5.1. Finding a Station (if applicable to the relevant Application):
5.1.1. Information on the Station’s location, the opening hours of the organisation where the Station is installed, and the availability of a power bank or a free slot in the Station is available to the User in the Application.
5.1.2. To display accurate information, the User must ensure that the device used to register and/or arrange the Rental of a power bank has a stable Internet connection and access to location services (if permitted by the User).
5.2. Obtaining a power bank:
5.2.1. To obtain a power bank for Rental, the User must follow the instructions displayed in the Application or on the Station screen, namely:
- scan the QR code placed on the Station (on the Station screen), or manually enter in the Application the Station number shown on the Station (on the Station screen);
- add a bank card in the Application or select a Linked Card in accordance with Clause 2.1.3 of the Agreement;
- press the “Get a power bank” button in the Application (or another button with the same meaning);
- wait for a notification that the power bank has been dispensed by the Station and in the Application;
- collect the power bank from the Station slot.
The Rights Holder is not responsible for the accuracy of the Station number or Linked (bank) Card details entered by the User, or for the User’s disclosure of bank-card details to third parties, including to obtain assistance in entering bank-card details on the CloudPayments and/or PJSC Sberbank Internet-acquiring page or for other purposes. If, due to an error by the User when entering the Station number, a power bank is unlocked at a Station other than the one actually selected by the User, the User bears the liability set out in Section 7 of the Terms for loss of or damage to the power bank dispensed by the other Station whose number was entered by the User, rather than the Station from which the User intended to obtain the power bank.
5.2.2. Within 5 (five) minutes after receiving a power bank from the Station, the User must verify the following:
- the integrity of the power bank casing and connector;
- the presence and integrity of the power bank’s external cables with USB Type-C, Micro USB and Lightning connectors;
- the power bank and its structural elements have no external structural damage that could not arise from proper use of the power bank under Clause 4.6 of the Terms;
- the external casing of the power bank bears no inscriptions, images or graffiti placed over mandatory markings and printed inscriptions and images identifying the characteristics of, and the power bank itself as, the item defined in the Terms, as well as identifying the Service;
- the power bank is properly equipped and fit for use.
5.2.3. If the User identifies any of the power-bank defects specified in Clause 5.2.2 of the Terms, the User must immediately report them to the support service of the relevant Application and then return the power bank to a Station in accordance with Clause 5.3 of the Terms, “Return of a power bank”. The User may then obtain another power bank from a Station. If, within 10 (ten) minutes after receiving the power bank, the User does not report defects, existing damage or other deterioration of the power bank to the support service of the relevant Application, the power bank is deemed fit for use, the Rental period is payable, and the User acknowledges responsibility for damage caused to the power bank during Rental. The User may not claim that the defects arose before the User began to use (rent) the power bank if they are later discovered by another User or the Rights Holder. The User assumes all risks if defects in the power bank are identified by the next User or the Rights Holder. Accordingly, liability measures provided for in Section 7 of the Terms may be applied to a User who breaches this obligation from the moment such defects are detected by the Rights Holder or other Users.
5.2.4. The Rental period for a power bank begins when the User receives the power bank in accordance with Clause 5.2 of the Terms (start of Rental) and ends when the power bank is returned to a Station or when the request (Rental) is closed by contacting the support service of the relevant Application (end of Rental). The moment when the power bank is returned to the Station is determined in accordance with Clause 5.3 of the Terms, “Return of a power bank”. The User independently determines the Rental period for a particular power bank.
5.3. Returning a power bank:
5.3. Returning a power bank: 5.3.1. The User must return the power bank obtained under the relevant request (Rental). The number of the power bank returned by the User must match the number of the power bank received by the User.
The User may return the power bank only using the Application used to obtain the power bank in accordance with Clause 5.2 of the Terms.
5.3.2. To return a power bank, the User must find a Station marked in the relevant Application as available for power-bank returns and having free slots to place a power bank. The User may not return a power bank to a Station that is not marked in the Application as available for power-bank returns or that has no free slots for the power bank.
5.3.3. At the Station, the User must prepare the power bank for return (put the connectors into the appropriate slots and make sure that the power-bank casing is not damaged).
5.3.4. Next, the User must open the relevant Application and, on the Rental screen showing when the current tariff ends, the User’s request number and the terms of the next tariff, select one of the Stations available on the map in the Application. The User may place the Power Bank into a free Station slot. The User must wait for the Application’s confirmation that the power bank has been returned.
5.3.5. The Rental period is deemed to have ended and the Power Bank is deemed returned when the following message appears in the Profile: “Rental complete! Thank you for using the PowerApp service.” From the time the Power Bank is placed in the Station until the information is processed by the system and the specified successful-return notice appears, a period from several seconds to 2 minutes may pass. This time for processing the Power Bank return is included in the User’s Rental period and is payable under the power-bank rental tariff selected by the User.
5.3.6. If the User returns a power bank but the Rental does not end (the notice under Clause 5.3.5 of the Terms is not displayed for more than 2 minutes), the User must report this to the support service of the relevant Application and follow its instructions. The end of Rental and the return of the power bank are determined by the Application support service based on the actual circumstances.
5.3.7. If a return problem arises due to damage to or loss of the power bank, the User is liable in accordance with this Agreement.
5.3.8. In the event of damage to or loss of a power bank, the User must report it to the Application support service. Until the support service is notified of the incident, the request remains active and is payable by the User in accordance with Section 6 of the Terms. If the power bank is damaged or lost by the User, the Rights Holder may also charge the User’s Linked Card a penalty in the amount established under Section 7 of the Terms.
5.3.9. If the User returns a power bank other than the one previously received under the request (Rental), with a different power-bank number, the User’s request (Rental) remains active until the received power bank is returned.
5.4. The User may rent no more than 2 (two) power banks at the same time. The User may provide rented power banks to third parties for use, provided that the User acquaints every third party to whom the User provides a power bank with this Offer and the Governing Documents. The User, and not the third party to whom the power bank is provided, is responsible to the Rights Holder for the safekeeping of the power banks and for compliance with this Agreement. Monetary obligations arising from the Rental of several power banks are borne and performed directly by the User and may not be transferred to third parties.
6. Service Fee
6. Service Fee 6.1. The Service Fee includes Rental Fees and Licence Fees for use of the Service. The amount of the Service Fee is determined by the Rights Holder and communicated to the User in the Application. The User agrees to that amount of the Service Fee and enters into the Agreement for provision of the Service under the relevant request by pressing the “Get a power bank” button (or another button with the same meaning) in the relevant Application.
6.2. The User may choose one of the following methods for calculating the Service Fee, provided they are available in the relevant Application:
6.2.1. A basic tariff providing for payment of the Service Fee, including Rental Fees and Licence Fees, depending on the time interval selected by the User. The exact cost of one day of use or another time interval specified by the tariff is shown in the Application/on the Station.
6.2.2. The User may be able to participate in a loyalty programme in the PowerApp mobile application if the conditions determined and communicated to the User by the Rights Holder in the PowerApp mobile application are met.
Bonus points under the loyalty programme may be credited only in the PowerApp application, in the amount, procedure and on the terms provided for in the Terms of Service and/or communicated to the User through the PowerApp mobile-application interface.
6.2.3. The Rights Holder may introduce and offer Users other tariffs and options, participation in promotions that amend and supplement the provisions relating to the Service Fee set out in Clause 6.2.1 of these Terms, and other methods for calculating the Service Fee not specified in these Terms, by posting the terms of such tariffs, options and promotions in the relevant Application.
6.3. The Rights Holder may unilaterally change the tariff (the amount and composition of the Service Fee) by notifying Users in the Application. The Service Fee for an active request (Rental) does not change. The User bears the risk of not becoming acquainted with tariff changes. If the User disagrees with a change to the amount or composition of the Service Fee, the User must stop using the Service and end the Rental. Continued use of the power bank after the tariff is changed constitutes the User’s acceptance of those changes.
6.4. The Service Fee is paid by charging funds to the User’s Linked Card without additional acceptance in the relevant Application.
6.5. When use of the Service begins, the Rights Holder may charge the User’s Linked Card an amount of up to 3,350 (three thousand three hundred and fifty) rubles as a refundable deposit. If the actual Service Fee exceeds the amount of the charged refundable deposit, the Rights Holder may, each time that limit is exceeded, charge the User’s Linked Card up to 3,350 (three thousand three hundred and fifty) rubles. The difference between the refundable deposit charged to the User’s Linked Card and the final Service Fee is returned to the User’s Linked Card.
6.6. If the User disagrees with the fact and/or amount of a charge, or has other questions related to use of the Linked Card within the Service and Applications, the User may contact the Rights Holder through the support service of the relevant Application.
6.7. If, following review of the request referred to in Clause 6.6, the Rights Holder decides to refund all or part of a charge, that refund is made to the bank account linked to the Linked Card. The refund is made with the participation of an authorised payment-acceptance operator, an electronic-money operator or other participants in settlement and information-technology interaction, and is governed by the rules of international payment systems, banks (including the issuer of the Linked Card) and other settlement participants.
6.8. The Service Fee may be charged in one transaction in full or in several transactions for partial amounts of the Service Fee. The Service Fee may be charged by any of the specified methods before Rental begins, during Rental or after it ends.
6.9. If there are insufficient funds, it is impossible to charge the User’s Linked Card, or the User has a debt under this Agreement, the Rights Holder may deny access to the Service/Rental. In that case, the User must replenish the limit of the User’s Linked Card.
6.10. The Rights Holder’s obligation to provide a power bank to the User for Rental under this Agreement is reciprocal to the User’s obligation to pay the Service Fee on time under the Terms and comply with the Terms.
6.11. The Rights Holder does not guarantee that the Service will operate without errors or failures in enabling the Service Fee to be charged. Payment is made using the Service functionality in the relevant Application. In this case, the Rights Holder engages an authorised payment-acceptance operator, an electronic-money operator or other participants in settlement and information-technology interaction to accept payments and is the payment recipient (hereinafter, “cashless payment”). The Rights Holder does not guarantee that the Service or Applications will operate without errors or failures in enabling cashless payment.
6.12. The Rights Holder may charge any Linked bank card of the User for payments due to the Rights Holder, including penalties, at any time before the User completes the Rental of a power bank, as well as if, after Rental ends, the Rights Holder identifies a breach by the User of this Agreement that occurred during the Rental. Where technically possible, the User may select in the Application the Linked bank card from which payments will be charged as a priority. The Rights Holder may also charge the amount of payments due, including debt, once the User remedies circumstances preventing the charge, as funds are credited to the User’s card, and at any time before the User returns the power bank.
6.13. Following a charge to the User’s Linked Card, the User is provided in the Application with a document confirming the payment made.
6.14. All payments, penalties and compensation provided for by the Terms are charged without additional acceptance by debiting the relevant amounts from the User’s Linked bank card.
6.15. If a payment cannot be charged because there are insufficient funds on the Linked bank card, bank-card details were entered incorrectly, the bank card has expired or for other reasons, the Rights Holder notifies the User through the relevant Application. The Rights Holder may inform the User, using the phone number provided at registration, of the need to pay a debt for using the power bank.
6.16. The User accrues a debt for use of the power bank until the power bank is returned, in the manner set out in Clause 7.6 of the Terms.
6.17. If the User does not remedy obstacles to payment within 24 hours after being notified that payments cannot be charged, the Rights Holder may terminate the Agreement by restricting the User’s access to the Service and the User’s ability to obtain another power bank in the future.
6.18. If the User returns the power bank before the end of the paid usage period, the Service Fee is not automatically recalculated.
6.19. The Rights Holder may establish and limit the number of free power-bank usage periods, including as part of promotions, loyalty programmes or other marketing activities. Information about the terms, availability and number of free periods is communicated to the User in the Application interface before the User takes actions to obtain a power bank for Rental.
7. Liability
7. Liability 7.1. The Parties are liable for non-performance or improper performance of their obligations under this Agreement as provided for by this Agreement and the legislation of the Russian Federation.
7.2. From the moment the power bank is received for Rental until it is returned, the User bears the risk of accidental damage to or loss of the power bank and liability for damage caused to the power bank.
7.3. The User bears full responsibility for any costs, penalties, complaints, demands and claims arising throughout the power-bank Rental period that may be made by any third parties during or after the Rental period on any matter related to use of the power bank, including any losses caused to third parties. If the Rights Holder pays penalties or compensates losses on the User’s behalf, the User must reimburse the Rights Holder for the resulting losses. If, while using the power bank, the User causes harm to the life, health or property of third parties, the User undertakes to compensate in full the damage caused by the User’s actions to third parties and the Rights Holder.
7.4. The Rights Holder is not liable for harm caused to the property or health of the User and/or other third parties, or for any other consequences, if the User uses the power bank in a faulty condition or fails to observe the safety measures specified in the Agreement.
7.5. Payment of a penalty does not release the User from compensating damage caused to the property of the Rights Holder and/or third parties.
7.6. The Rights Holder may charge the User’s Linked Card the Service Fee until the power bank is returned or the request (Rental) is closed through the support service.
7.7. The User must immediately, and no later than 1 (one) calendar day, report the loss of and/or damage to a power bank to the Rights Holder. If the User fails to fulfil this obligation, the Rights Holder may require the User to reimburse the value of the power bank regardless of the reasons and circumstances of its loss or damage.
7.8. In the event of damage to or loss of a power bank, or a change to its appearance/design, including covering it with stickers, the User must pay, and the Rights Holder may charge the User’s Linked Card, the amount of actual expenses incurred, not exceeding 4,000 (four thousand) rubles for 1 (one) device.
7.9. If the User uses a power bank for entrepreneurial or other commercial purposes, the User must pay, and the Rights Holder may charge the User’s Linked Card, compensation not exceeding 4,000 (four thousand) rubles.
7.10. The Application is provided “as is”. The Rights Holder gives no warranties that the Application or its individual components and/or functions will operate without errors or interruption or will meet the User’s specific purposes, does not guarantee the reliability, accuracy, completeness or timeliness of data, and gives no other warranties not expressly stated in these Terms.
7.11. The Rights Holder is not liable for any direct or indirect consequences of any use of, or inability to use, the Application and/or losses caused to the User and/or third parties as a result of any use, non-use or inability to use the Application or its individual components and/or functions, including due to possible errors or failures in their operation, except as expressly provided by law or these Terms.
8. Processing of Personal Data
8.1. Upon acceptance of these Terms, the User’s personal data may be processed for the following purposes:
- providing the User with the Service within its functionality;
- performing these Terms;
- providing customer and technical support;
- protecting and exercising the rights and interests of the Rights Holder and third parties, and fulfilling the Rights Holder’s legal obligations;
- providing the User with information about orders placed in the Service.
8.2. The User’s personal data are processed throughout the term of the Agreement until its termination in the manner established by law and/or these Terms. After the purpose of processing the User’s personal data has been achieved and the Agreement has been terminated, the Rights Holder may continue processing the User’s personal data if the grounds specified in Paragraphs 2–11 of Part 1 of Article 6, Part 2 of Article 10 and Part 2 of Article 11 of Federal Law No. 152-FZ dated 27 July 2006, “On Personal Data”, exist, but for no longer than the periods provided for by applicable law.
8.3. The User has the right to require the cessation of personal-data processing. The User is notified and understands that requiring cessation of personal-data processing results in the complete termination of this Agreement between the User and the Rights Holder, as a result of which the Service becomes unavailable to the User.
8.4. The User’s personal data are processed on the terms of the Personal Data Processing Policy published in the mobile application.
8.5. The User represents to the Rights Holder, as a circumstance material to the performance of these Terms and provision of the Service, that all personal data provided by the User are accurate and relate to the User, and the User is responsible for any adverse consequences of inaccurate personal data provided.
8.6. The Rights Holder is not responsible for the confidentiality of information about the User if:
- it is or has become publicly available without a breach by the Rights Holder of its obligations under the Agreement;
- it was lawfully obtained from a third party without a breach by the Rights Holder of its obligations under the Agreement or by the third party of similar obligations.
9. Termination and Amendment of the Terms
9.1. The Rights Holder may propose amendments to these Terms by posting a new version in the Application or on the Website. The User agrees to the proposed amendments in the manner provided for by Clause 2.1 of the Terms by renting a power bank after the Rights Holder posts a new version of the Terms. If the text of the Agreement has changed since the Agreement was entered into, by renting a power bank the User confirms that the User has reviewed the amendments and agrees with the current version of the Agreement.
9.2. This Agreement may be terminated at the initiative of either Party.
9.3. The Parties agree that, at the Rights Holder’s request, this Agreement may be terminated in the following cases:
9.3.1. The User breaches the Terms of Service;
9.3.2. The User has outstanding debt to the Rights Holder;
9.3.3. The User loses the power bank.
9.4. This Agreement may be terminated early by the Rights Holder unilaterally out of court if the User repeatedly, more than twice, breaches this Agreement, by sending the User a notice through the Application. If the Rights Holder unilaterally withdraws from the Agreement, the Agreement is deemed terminated from the moment the User is notified through the Application.
9.5. This Agreement may be terminated early by the User unilaterally out of court at any time through the Application interface. If the User unilaterally withdraws from the Agreement, the Agreement is deemed terminated from the moment the Rights Holder is notified through the Application.
9.6. On any grounds other than those listed in Clauses 9.1–9.5 of these Terms, where the Parties do not agree, the Agreement shall be terminated through court proceedings.
9.7. The Parties’ obligations under the Agreement which, by their nature, must continue after termination of the Agreement, including but not limited to obligations concerning confidentiality and mutual settlements, remain in force after this Agreement ends.
9.8. The Agreement enters into force upon Acceptance in the manner provided for by this Agreement.
9.9. The Agreement is indefinite, and with respect to the Rental of a particular power bank, it remains in effect until the Rental is completed.
10. Miscellaneous Provisions
10.1. This Agreement is governed by and construed in accordance with the legislation of the Russian Federation. Matters not regulated by this Agreement are resolved in accordance with the legislation of the Russian Federation.
10.2. All disputes and disagreements arising between the Parties will be resolved through negotiations. If disputed matters are not resolved through negotiations, all disputes under or in connection with the Agreement are subject to consideration in accordance with the applicable legislation of the Russian Federation by the Justice of the Peace of Court District No. 196 of the Mozhaysky District of Moscow or by the Kuntsevsky District Court of Moscow, depending on the rules for determining subject-matter jurisdiction established by law, unless otherwise expressly provided by the applicable legislation of the Russian Federation.
10.3. The User is notified of and agrees to receive informational, service and other communications.
The User may opt out of communications by using the relevant Service functionality or by sending the relevant email to the Rights Holder’s email address: info@powerapp.world or through the support service in the Telegram messenger.
10.4. The Rights Holder and/or engaged third parties may collect Users’ opinions and feedback on various aspects of the Service’s operation for statistical purposes, to monitor the quality of the Rental provided or access to the Service’s functionality, and may use the data obtained in anonymised form for the operation of the Service. Users may be surveyed by sending an informational message or by contacting them using the contact details stated by the User in the account, by telephone calls or messages.
10.5. The Rights Holder may temporarily or permanently restrict the User’s access to Rental or the Service’s functionality without giving reasons, including if the User breaches these Terms, an authorised authority issues an order, harm is caused to the Rights Holder or third parties, including to prevent such actions, danger is created for others, the rights and lawful interests of the Rights Holder and third parties must be protected, or repeated complaints are received about the User’s actions, including where rules and conditions ensuring safe use of the power bank are breached.
The User is not separately informed of an access restriction because, from the moment access is restricted, actions to use the Service and rent a power bank, as well as certain other actions, will be impossible.
Removal of an access restriction may depend on the expiry of a specified period, the User’s performance of obligations, remedying the circumstances that led to the restriction, and other requirements of the Rights Holder. An access restriction may be imposed for the period needed to decide whether further interaction with the User is appropriate.
10.6. By agreeing to these Terms, the User is aware and confirms that the User and the Rights Holder determine the subject matter of the Rental and the terms of use of a particular power bank in writing, by exchanging electronic documents through the Application as provided for by Paragraph 2 of Article 434 of the Civil Code of the Russian Federation. The Parties recognise that the Application makes it possible to reliably identify a Party to the Agreement and the fact that electronic documents originate from the Parties to the Agreement. The Power Bank Rental Agreement is not a framework agreement and is entered into in respect of the Rental of a particular power bank. To enter into the Agreement, the Rights Holder sends the User through the Application the Agreement constituting an offer, information about power banks available for Rental and the terms of their use. The User sends acceptance of the offer through the Application in the form of a message agreeing to the terms of the Agreement and agreeing to rent a particular power bank on the terms specified in the offer, including by pressing a button in the Application that expresses the User’s agreement to the Agreement if the User agrees to its terms, or a refusal to accept the offer in the form of the relevant message if the User does not agree to its terms.
10.7. The Parties recognise the validity of messages and scanned copies of documents sent and received through the Application and by email, provided that it is possible to reliably establish that the message and/or document originates from a Party to this Agreement. For operational interaction, the Parties may use telephone communication. The Rights Holder uses the User’s contact details stated at registration in the Application to communicate with the User. The User is responsible for the accuracy of information provided to the Rights Holder, including the email address stated by the User at registration in the Application. The User must use the Rights Holder’s contact details stated in the Terms and the Application to communicate with the Rights Holder.
10.8. The Parties agree that the specific User performing any actions in the Application, including but not limited to accepting the Terms and taking a power bank for Rental; the power bank in respect of which the User performs actions and which is in the User’s use; and the date and time of receiving and returning the power bank and performing other actions provided for by the Agreement, are determined on the basis of the Rights Holder’s remote-recording data for that information.
Rights Holder’s address and other details:
Svyaz LLC
Taxpayer Identification Number/Tax Registration Reason Code 9718144693/771801001, Primary State Registration Number 1197746533599
registered address: 105187, Moscow, Okruzhnoy Proezd, property 2A, building 1, floor 3, room 7,
email address: info@powerapp.world
support service phone: +7 495 150-78-77.