Subscription Agreement

When subscribing to a product or service with BESTMOW (the “Lessor”), wherein prominent placement of this Subscription Agreement is displayed, or a link thereto, and either (i) payment or other consideration is provided, or (ii) an order form or document of similar nature is executed, you (the “Subscriber”, “You”) represent that you understand, accept, and agree to be bound to this Subscription Agreement (the “Agreement”). The Lessor and Subscriber shall collectively be referred to as the Parties.

Lessor RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME. SUBSCRIBER IS RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND MODIFICATIONS THERETO. NOTIFICATION REQUIREMENTS AND OPT-OUT PROCEDURES RELATED TO MODIFICATIONS TO THIS AGREEMENT ARE DETAILED BELOW.

Prior to the execution of this Agreement, the Subscriber is presented with either an order form or a digital order summary page, containing information including (i) the physical products Subscriber will receive on a lease basis as part of this Agreement (the “Leased Devices”); (ii) any additional services Subscriber is entitled to receive (the “Added Services”); (iii) any additional consumable products Subscriber is entitled to receive (the “Added Consumables”); (iv) the monthly payment amount to be paid by Subscriber to BESTMOW (the “Recurring Payment”); (v) any one-time fees (the “Shipping and Reimbursement”); (vi) the minimum commitment period (the “Commitment Period”); (vii) the merchant or manufacturer Lessor is engaged with to provide this offering (the “Merchant”); and (viii) an end date of this Subscription for fixed-term subscription (the “End Date”), which, if not provided, shall continue in perpetuity. Collectively, items (i) through (vii) shall form this “Subscription” which shall be transacted in accordance with this Agreement. Items (i) through (iii) shall form the “Lessor’s Obligations” or the “Services.”

Lessor may engage third parties, in whole or in part, to support the ordering or origination of this Subscription and fulfillment of Lessor’s Obligations (“Lessor’s Subcontractors”). Collectively, the Lessor, the Merchant, Lessor’s Subcontractors, as well as all current or former employees, contractors, and directors of Lessor’s or Lessor’s Subcontractors shall be collectively referred to as “Service Providers.”

In the event this Subscription is ordered by Subscriber through a medium other than the ones prescribed in the foregoing paragraph, Subscriber understands and agrees to allow the Service Provider to review the Subscription order details, and place this Subscription order, on Subscriber’s behalf. Subscriber shall be solely responsible for validating any and all relevant Subscription order details prior to providing any verbal or written confirmation to place this Subscription order.

BY ACCEPTING THIS AGREEMENT, SUBSCRIBER ACKNOWLEDGES THAT ANY AND ALL FUTURE SUBSCRIPTION ORDERS PLACED BY SUBSCRIBER SHALL BE BOUND BY THE TERMS OUTLINED IN THIS AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS TO THIS AGREEMENT, OR ANY SUPERSEDING AGREEMENT.

1. Order Acceptance

Lessor has the right to review this Subscription prior to fulfilling any of Lessor’s Obligations. Lessor may, using Lessor’s sole discretion to the extent permitted by law, reject this Subscription. Subscriber, nor any third party, shall have any right to appeal Lessor’s determination, except as required under applicable law. Lessor may collect initial payment for this Subscription prior to order acceptance. If either Lessor rejects this Subscription or Lessor fails to affirmatively accept this Subscription within fifteen (15) calendar days, then (i) Subscriber shall immediately return any and all items furnished to Subscriber pursuant to this Subscription; and (ii) Lessor shall promptly return any and all funds to Subscriber. Upon completion of items (i) and (ii), this Subscription shall be considered null and void, and this Agreement shall stand terminated.

2. Duration & Termination

The term of the Subscription shall commence on the date Subscriber places this Subscription order (the “Commencement Date”), and continues in perpetuity until terminated (the “Termination Date”). Lessor may, depending on the nature of the Subscription and services provided, in Lessor’s sole discretion, provide an account credit to Subscriber if Subscriber is unable to receive any or all Services due to order acceptance or provisioning delays.

2.1 Initiating Termination: Termination of this Subscription may be initiated through one of the following:

• Automatic Termination. For fixed-term subscriptions with an End Date, termination shall occur automatically on the End Date or any mutually agreed modified End Date.
• Lessor Termination. Lessor may terminate this Subscription at any time with or without reason, with written or verbal notice effective immediately or on a specified date.
• Subscriber Termination. Subscriber may terminate this Subscription with written or verbal notice, effective immediately or on a specified date, provided (i) the Subscription has been active for the Commitment Period; and (ii) Subscriber is not past due on any payments.

2.2 Effect of Termination: If the original fixed-term subscription has not been fully performed, the Subscriber must return all Leased Devices; however, upon Automatic Termination of the fixed-term subscriptions, the Subscriber shall take ownership of the device as agreed.

3. Leased Device Returns

This is a lease. If the Subscriber wishes to terminate before the end of the term, a $199.00 restocking fee will be charged.

Leased Devices must be returned within thirty (30) calendar days (“Return Deadline”) using the original packaging or replacement packaging purchased from Lessor if necessary. Subscriber is responsible for safe packaging and all costs associated with damage or loss due to improper packaging. Failure to return on time or returning a damaged or materially altered device may result in a fee up to the full retail value of the device.

4. Leased Device Usage and Restrictions

Subscriber is solely responsible for proper, legal use of all Leased Devices and Services. Subscriber must read and comply with instruction manuals and any applicable Terms of Service. Failure to do so may result in serious injury or death.

Devices may be refurbished. Subscriber must inspect devices prior to use and report any defects immediately. Subscriber must prevent unauthorized or unsafe use and report incidents or theft within required timeframes.

5. Payment

Subscriber shall pay the monthly Recurring Payment each month on the anniversary of the Commencement Date. Subscriber must maintain valid payment methods and sufficient funds. If primary payment fails, Lessor may attempt to collect from secondary methods but is not obligated to do so. Late fees, chargeback fees, interest, and collection costs apply as described.

5A. Regional Subscription Plans

United States

Gold Plan – Maximum Flexibility • $99.00/month • Cancel anytime • 30-day money-back guarantee • Device becomes yours after 12 months

Premium Plan – Best Value • $59.99/month • Cancel anytime • 30-day money-back guarantee • Device becomes yours after 24 months • Designed for long-term savings

Both U.S. plans include:

• Fully autonomous robotic lawn mower
• Mobile App for control and real-time updates
• Quiet, eco-friendly, efficient performance
• Suitable for most lawn types
• Extended warranty, free blades, sun cover, battery accessories

Canada

Limited-Time Offer — Goodbye manual mowing:

Gold Plan – Maximum Flexibility • CAD 139.99/month • Cancel anytime • 30-day money-back guarantee • Device becomes yours after 12 months

Premium Plan – Best Value • CAD 79.99/month • Cancel anytime • 30-day money-back guarantee • Device becomes yours after 24 months

Special: First month 50% off (Canada only)

Both Canadian plans include:

• Fully autonomous robotic lawn mower
• Mobile App for control and real-time updates
• Quiet, eco-friendly, efficient performance
• Suitable for most lawn types
• Extended warranty, free blades, sun cover, battery accessories

5B. Regional Fees and Cancellation

United States

• Late Payment Fee: $25.00 per failed payment. First late fee may be waived.
• Early Cancellation: $199.00 cancellation fee if subscription is ended early. If the remaining balance is less, the remaining balance may be paid instead to keep the device.
• Device Damage: Subscriber is liable for repair/replacement costs if damage is due to user fault.

Canada

• Late Payment Fee: CAD $35.00 per failed payment. First late fee may be waived.
• Early Cancellation: CAD $299.00 cancellation fee if subscription is ended early. If the remaining balance is less, the remaining balance may be paid instead to keep the device.
• Device Damage: Subscriber is liable for repair/replacement costs if damage is due to user fault.

6. Refunds

No refunds except as specified under Order Acceptance. Any refunds are at Lessor’s sole discretion.

7. Buy-Out and Rent-to-Own

This Subscription is a rent-to-own program under specific conditions. Ownership of the Leased Device will transfer to the Subscriber only after the Subscriber has completed the required term conditions as described in the applicable regional plans above (e.g., 12 or 24 months of continuous payments under the selected plan). Until such conditions are fully met, all devices remain the property of the Lessor.

Lessor may, at its discretion, extend a buy-out option to the Subscriber before the completion of the required term, subject to the payment of an early buy-out amount equivalent to the cancellation fee or the remaining balance, whichever is lower. Upon exercising a buy-out, the Subscriber will obtain full ownership of the device, and the Lessor will be relieved of any further obligations related to that device. All warranties and ongoing service obligations will cease upon the completion of the buy-out, and the Subscriber assumes full responsibility for the device thereafter.

8. Service Suspension

If Subscriber accrues any unpaid balance for more than fifteen (15) calendar days, or is in material breach of this Agreement, Lessor may immediately suspend Services and take all actions necessary to effect such suspension, including, but not limited to: (i) using technological methods to reduce functionality or disable Leased Devices; and (ii) cease delivery of any current or future Added Services or Added Consumables. Subscriber shall not be entitled to any prorated refund, or delivery of regularly scheduled Services that Subscriber did not receive as a result of suspension. Lessor may charge Subscriber any reasonable costs associated with effectuating, and reinstating, a service suspension, including labor time incurred by Lessor.

9. Limitation of Liability

Lessor AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH SERVICES. IF PERMITTED UNDER PREVAILING LAW, THE AGGREGATE AMOUNT OF DIRECT DAMAGES THAT LESSOR WILL PAY YOU FOR CLAIMS UNDER THESE TERMS IS THE TOTAL FEES PAID TO LESSOR BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. This section shall survive any termination of this Agreement.

10. Ownership and Licenses

Lessor’s trademarks, trade dress, and branding materials may not be used in any manner without prior written consent from Lessor. All trademarks, service marks, logos, designs, and trade dress not owned by Lessor but appearing in connection with the Services are the property of their respective owners and are not licensed under this Agreement. Subscriber shall not use any third-party trademarks appearing within the Services unless explicitly permitted by the respective owner. Subscriber grants Lessor a non-exclusive, worldwide, royalty-free, limited license to use and distribute any images, videos, correspondence, audio recordings, or other materials voluntarily submitted by Subscriber for the purpose of providing feedback, customer testimonials, or product support. This does not include personal, sensitive, or confidential information, which will be handled in accordance with Lessor’s Privacy Policy. Lessor grants Subscriber a limited-term, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Services, including the Rental Devices, solely for personal, non-commercial purposes during the term of this Agreement. This license includes the software necessary to operate Rental Devices but does not extend to any modifications or reverse engineering of such software. Upon termination of this Agreement, all rights granted to the Subscriber under this license shall immediately cease. Lessor or any applicable Service Provider may revoke this license if Subscriber materially breaches this Agreement or violates any applicable Service Provider terms. In such cases, Lessor shall provide written notice of termination, unless the breach presents an immediate security or operational risk. Subscriber is responsible for reviewing and complying with all Service Provider terms that apply to this Subscription. In the event of material changes to Service Provider terms, Lessor will provide reasonable notice before enforcing any such changes against the Subscriber.

You agree not to sell, lease, or otherwise transfer this device to another party. This mower remains the property of BESTMOW Inc. throughout the duration of your subscription. Unauthorized resale may result in immediate service deactivation and termination of your subscription agreement.

11. Waiver and Release of Claims

THIS SECTION CONTAINS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK AND WAIVER AND RELEASE OF LIABILITY AGAINST BESTMOW. YOU ARE FREE TO DECLINE OUR SERVICES AND PRODUCTS IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN.

You volunteer to use Services and Rental Devices in connection with this Agreement with full knowledge of all RISKS and agree to the ASSUMPTION OF RISK AND WAIVER AND RELEASE OF CLAIMS. It is Subscriber’s sole and exclusive responsibility to use Services safely and take all reasonable and preventative steps to ensure any usage of these Services by others is done safely and within the restrictions provided in this Agreement.

IN CONSIDERATION FOR USING THESE SERVICES, YOU, OR THE PERSON OR ENTITY ON BEHALF OF WHOM YOU ENTERED INTO THESE TERMS, AGREE TO THE FOLLOWING:

12.1. ASSUMPTION OF ALL RISK.

You acknowledge that (i) there are risks associated with the use of Services and Leased Devices; (ii) the Leased Devices may be used by other people before being provided to You; and (iii) use of certain Leasedl Devices and associated Services may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH. By using these Services, You, on behalf of yourself, your personal representatives, and your heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES AND RENTAL DEVICES for any such injuries, losses, and/or damages.

12.2. WAIVER AND RELEASE OF CLAIM.

You, on behalf of yourself, your personal representatives, and your heirs, hereby EXPRESSLY AGREE TO WAIVE AND RELEASE BESTMOW FROM ANY AND ALL CLAIMS (INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS), INCLUDING WITHOUT LIMITATION CLAIMS FOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING OUR SERVICES OR PRODUCTS. The WAIVER AND RELEASE includes any claims for injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH.

13. Indemnification

Subscriber shall defend BESTMOW against any claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries or payments for injury to any person or property caused or claimed to be caused by Subscriber, or caused by any Services in connection with this Subscription, which is made or brought against BESTMOW by a third party arising out of (i) Subscriber’s use of the Services or Products (including the payment of fines and other fees in Section 5 above); (ii) Subscriber’s breach or violation of any of these Terms or any applicable law; or (iii) Subscriber’s violation of the rights of any third party. BESTMOW reserves the right to assume the exclusive defense of any claims or lawsuits, and Subscriber agrees not to settle any of the foregoing without BESTMOW’s prior written consent. The obligations in this Section shall survive any termination of this Agreement, remaining in full force and effect for five (5) years following the termination of this Agreement.

14. Warranties

By entering into this Agreement, Subscriber represents and warrants they (i) are at least eighteen (18) years of age; (ii) have the authority to enter into this Agreement; (iii) are not entering into this Agreement under any false pretenses or malicious intent; and (iv) have not provided any false or fictitious information to BESTMOW or its affiliates, employees, contractors, or agents.

SERVICES AND DEVICE RENTALS ARE PROVIDED “AS-IS.” BESTMOW MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, REPRESENTATIONS, OR GUARANTEES REGARDING THE DESCRIPTION PROVIDED. THE ACCURACY OR COMPLETENESS OF PRODUCT INFORMATION IS NOT GUARANTEED AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND SELECTING PRODUCTS AND DETERMINING WHETHER EACH PRODUCT IS FIT FOR A PARTICULAR PURPOSE AND SUITABLE FOR YOUR USE. PRODUCTS ARE NOT MANUFACTURED TO ANY INDIVIDUAL REQUIREMENTS OR SPECIFICATIONS. NO LICENSE UNDER ANY OF BESTMOW’S INTELLECTUAL PROPERTY RIGHTS IS GRANTED OR IMPLIED WITH THIS PRODUCT INFORMATION. YOUR SOLE REMEDY FOR A PRODUCT BEING MATERIALLY INACCURATELY DESCRIBED IS TO RETURN IT IN UNUSED CONDITION, COMPLETE AND UNDAMAGED, IN THE ORIGINAL PACKAGING, AND HAVE BESTMOW REPLACE THE PRODUCT. TO THE EXTENT PERMITTED BY LAW, BESTMOW EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

15. Governing Law

This Agreement, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Agreement or the negotiation, execution, or performance of this Agreement shall be governed by the laws of the State of California, including its statutes of limitations but excluding its conflict of laws provisions. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA) are specifically excluded from application to this Agreement.

16. Miscellaneous

BESTMOW may assign its rights and obligations under this Agreement to third parties, but Subscriber may not assign any of Subscriber’s rights or obligations under this Agreement without BESTMOW’s prior written consent. A failure to exercise or enforce any right or provision that BESTMOW is entitled to under this Agreement shall not constitute a waiver of such right or provision. If any provision under this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

17. Modification to This Agreement

BESTMOW may modify this Agreement at any time by posting a revised version at https://www.BESTMOW.com/ . The modifications will (i) be effective when posted for all new Subscriptions, or (ii) effective immediately within thirty (30) days. If this Subscription is active when BESTMOW modifies this Agreement, Subscriber may provide a written Objection to BESTMOW, so long as such modification is not yet effective. Upon such notification, Subscriber shall not be bound to the modified Agreement, and the previously effective agreement shall remain in full force and effect.