Last Changes to Terms of Service: 8/23/2026

The policies below are applicable to Orbis 360 LLC DBA Boomerang Fleets (“Boomerang”, or “we”, or “us”, or “our”) network of websites that link to these Terms of Service (the “Agreement” or “Terms of Service”) (including any versions optimized for viewing on a wireless or tablet device); email newsletters published or distributed by Boomerang; apps published by Boomerang, including the “Boomerang Fleets” app; or any other services, interactive features, and communications made available by Boomerang, regardless of how accessed and/or used, that are operated by Boomerang, made available by Boomerang, or produced and maintained by Boomerang and Boomerang’s related companies (“Services”).

THESE TERMS OF SERVICE SET FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND BOOMERANG WITH RESPECT TO THE SUBJECT MATTER HEREOF. BOOMERANG DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF BOOMERANG’S CONTROL.

BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY. For certain of our Services, you may also be required to execute Boomerang’s Rental Agreement, Waiver of Liability and Release and/or Privacy Policy.

This is a legal agreement between you (“you” or “user”) and Boomerang that states the material terms and conditions that govern your use of the Services. This Agreement, together with all updates, supplements, additional terms, and all of Boomerang’s rules and policies collectively constitute this “Agreement” between you and Boomerang.

1. Access License

Boomerang grants you a limited, revocable, non-exclusive and non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies or similar data gathering and extraction tools. Except as expressly permitted herein, neither the Services nor any portion of the Services may be reproduced, sold, resold, visited or otherwise exploited for any purpose without Boomerang’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Boomerang to you.

2. Copyright and Ownership

All of the content featured or displayed with respect to the Services, including, without limitation, text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by Boomerang, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by copyright law, you may not modify any Content or materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work comprising the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, Content and all related rights shall remain the exclusive property of Boomerang or its licensors, vendors, agents and/or its Content providers, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

3. Trademarks / No Endorsement

All trademarks, service marks and trade names of Boomerang used herein (including but not limited to: Boomerang’s name, Boomerang’s corporate logo, the Services design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Boomerang or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Boomerang Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Boomerang’s prior written consent. You shall not use Boomerang’s name or any language, pictures or symbols which could, in Boomerang’s judgment, imply Boomerang’s endorsement in any (i) written or oral advertising or presentation; or (ii) brochure, newsletter, book or other written material of whatever nature, without Boomerang’s prior written consent.

4. Account Registration and Security

You understand that you will need to create an account to have access to the Services. To be eligible for an account, you must be at least 18 years of age, possess a valid driver’s license or state-issued identification, and complete Boomerang’s required safety verification process. You will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration, sign-in or subscription page, including but not limited to your full legal name, date of birth, valid driver’s license or state identification number, emergency contact information, and any required insurance information (“Registration Data”). You must maintain and promptly update this information to keep it true, accurate, current and complete. If any information is false, inaccurate, not current or incomplete, Boomerang may suspend or terminate your account and refuse current or future use of the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must immediately notify Boomerang of any unauthorized use or security breach involving your account.

5. Solicited Submission Policy

Where Boomerang has specifically invited or requested submissions or comments, Boomerang encourages you to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) (“User Submissions”) to Boomerang that Boomerang has created for consideration in connection with Boomerang’s official website. User Submissions remain the intellectual property of the individual user. By posting content on the Site, you expressly grant Boomerang a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such content, together with your name, voice, and/or likeness contained in your User Submission, in whole or in part, in any media or technology now known or later developed, including for promotion, advertising, marketing, merchandising, publicity, and related purposes. User Submissions are considered non-confidential, and Boomerang has no obligation to maintain their confidentiality.

6. Inappropriate User Submissions

Boomerang does not encourage and does not seek User Submissions that result from activities creating a risk of harm, injury, death, emotional distress, property damage, criminal conduct, or tortious behavior. You agree that your User Submissions will not involve harming or threatening others, humiliating others, trespassing, impersonating another person, misrepresenting your identity or authority, or engaging in any activity that could result in injury, death, property damage, or liability. Boomerang may reject or remove any User Submission it believes violates these standards or any provision of the Agreement, at its sole discretion and without notice.

7. Inappropriate Material

You are prohibited from using the Services to post or send unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, lewd, or profane material. You may not post material that infringes another party’s intellectual property rights or use the Services in a way that constitutes or encourages criminal conduct or violates the law. Sending unsolicited advertisements or spam through the Services is prohibited. If Boomerang determines that you have violated these rules or are likely to do so, it may take any action it deems necessary, including banning you from the Services and removing offending material without notice. Boomerang will cooperate with law enforcement authorities or court orders requesting disclosure of users responsible for prohibited content.

8. Access and Interference

You agree not to use robots, spiders, scrapers, or other automated means to access the Services. You also agree not to:

Impose an unreasonable load on Boomerang’s infrastructure.
Interfere with the operation of the Services, e-bike systems, or related activities.
Bypass measures that restrict access to the Services.
Modify, reverse engineer, decompile, disassemble, or hack any e-bike hardware or software.
Tamper with GPS tracking systems, IoT sensors, or monitoring devices installed on e-bikes.
Attempt unauthorized access to charging stations or their software.
Share, sell, or distribute technical information regarding Boomerang’s e-bike systems or infrastructure.

9. Right to Takedown Content

Except as described in its Privacy Policy, Boomerang will not monitor, edit, or disclose user emails or User Content except when necessary for maintenance, required by law, or believed in good faith to be necessary to comply with legal process, protect Boomerang’s rights or property, protect users, or respond to emergencies. Users remain solely responsible for their content. Boomerang may edit, refuse to post, or remove any User Content at its sole discretion without notice and may deny access to users who fail to comply with the Agreement.

10. User Published Content

User-published Content and User Submissions do not represent the views or endorsements of Boomerang. Boomerang does not guarantee the accuracy or credibility of user-generated content and assumes no responsibility for actions taken based on such content. By using the Services, you acknowledge that you may encounter content that is offensive, objectionable, harmful, inaccurate, or deceptive, and you accept the risks associated with using the Services.

11. Third Party Links

The Services may contain links to websites that are not owned or controlled by Boomerang. These links are provided solely for your convenience. If you access third-party websites, you do so entirely at your own risk. Boomerang and its affiliates are not responsible for the content, materials, information, or effects of any third-party websites and do not endorse or guarantee them.

12. Transactional Partners

Boomerang may partner with unrelated entities to promote services within the Services. In those situations, you may transact directly with the partner, whose branding and terms of service will be clearly displayed. Your use of those services is subject to both the partner’s terms and Boomerang’s Terms of Service. If there is a conflict, Boomerang’s Terms of Service will prevail.

13. Termination

Boomerang may suspend or terminate your right to use the Services at any time, with or without cause. Access may also be blocked if you breach these Terms of Service, provide information that cannot be verified, or if Boomerang believes your actions may expose Boomerang, yourself, or other users to financial loss or legal liability.

14. Representations and Warranties

You represent that you are over 18 years of age, have the authority to enter into this Agreement, are capable of fulfilling its obligations, and will comply with all applicable laws. You also represent that any User Submissions are owned by you or properly authorized, do not infringe the rights of others, do not violate any law, and do not create legal liability. You are solely responsible for your User Submissions and any consequences arising from them.

15. Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. The information, materials, and services provided through the Services are offered “AS IS” without warranties of any kind, except where required by law. To the fullest extent permitted by law, Boomerang and its affiliates disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, security, and non-infringement of intellectual property rights. Boomerang does not guarantee the accuracy, completeness, or timeliness of any information, materials, or services available through the Services and assumes no obligation to update them. No oral or written advice obtained from Boomerang creates any warranty unless expressly stated in these Terms of Service.

16. Limitations of Liability

Boomerang is not responsible for any damage to your computer, telecommunications equipment, or other property, or for any viruses resulting from your access to or use of the Services or downloads from the Services. This limitation is separate from any limitations contained in separate e-bike rental, lease, or use agreements.

To the maximum extent permitted by law, Boomerang, its officers, directors, employees, shareholders, affiliates, agents, successors, assigns, and anyone involved in creating or operating the Services will not be liable for any indirect, special, punitive, incidental, or consequential damages, including lost profits, lost data, business interruption, personal injury, or property damage arising from the use of the Services or Boomerang’s e-bikes or other physical equipment, except as specifically provided in separate equipment agreements or where prohibited by law.

17. Indemnity

You agree to defend, indemnify, and hold harmless Boomerang and its affiliates from any liabilities, costs, expenses, and reasonable attorneys’ fees arising from:

Your use of the Services or Boomerang’s e-bikes or related equipment.
Your User Submissions or other content you submit.
Your violation of these Terms of Service or any rental agreement.
Your violation of another person’s rights, including privacy, publicity, or intellectual property rights.
Your violation of any law, including traffic laws, safety regulations, or licensing requirements applicable to e-bike operation.
Claims arising from your User Submissions.
Unauthorized use of your account credentials.
Personal injury, property damage, or losses resulting from your use or misuse of e-bikes or related equipment.
Your failure to properly maintain, secure, or return rented equipment as required.

18. Release

If you have a dispute with another user of the Services, including disputes involving shared e-bike usage, bike availability, parking locations, charging stations, battery charging status, ride scheduling, or other aspects of the e-bike sharing service, you agree to resolve the dispute directly with the other user. Boomerang and its officers, directors, employees, agents, subsidiaries, and affiliates will not be liable for claims, demands, or damages arising out of such disputes, except where required by applicable law.

19. Force Majeure

Neither Boomerang nor you will be responsible for delays or failures in performance caused by events beyond reasonable control, including:

Fire, lightning, explosions, floods, acts of God, war, civil unrest, or actions of government authorities.
Laws, regulations, or governmental requirements.
Labor disputes such as strikes or boycotts.
Supply chain disruptions affecting raw materials, transportation, batteries, or electrical components.
Energy shortages.
Acts or omissions of common carriers or transportation providers.

20. Privacy

The collection and use of data, including personally identifiable information, is governed by Boomerang’s Privacy Policy, which is incorporated into these Terms of Service by reference and forms part of this Agreement.

21. Dispute Resolution

If a dispute, controversy, or claim arises out of or relates to this Agreement, the parties agree to first attempt to resolve the matter through good-faith direct negotiation. The parties have 30 calendar days from notification of the dispute to negotiate a resolution.

If the dispute is not resolved within that period, the parties agree to submit the matter to mediation, which will be conducted virtually unless otherwise agreed. The mediation will follow the rules of an agreed-upon mediation service, and both parties agree to participate in good faith.

If the dispute remains unresolved after mediation for more than 60 days, it will be finally resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English, and the arbitrator’s award will be final and binding. Each party is responsible for its own negotiation and mediation costs, while arbitration costs will be shared equally unless the arbitrator determines otherwise.

22. Digital Millennium Copyright Act (DMCA) Notice

Boomerang may act as a “service provider” under the DMCA and may host or link to third-party content through its Services. Boomerang maintains procedures for handling copyright infringement claims and may remove infringing material or suspend repeat infringers.

If you believe your copyright has been infringed, your DMCA notice should include:

Identification of the copyrighted work claimed to be infringed.
Identification of the allegedly infringing material and its location.
A statement that you have a good-faith belief the use is unauthorized.
A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.
Your name, address, telephone number, and email address.
Your physical or electronic signature.

Boomerang may notify affected users of infringement claims. Users may submit a counter-notification including:

Identification of the removed material and its previous location.
A statement under penalty of perjury that the removal resulted from mistake or misidentification.
The user’s name, address, telephone number, consent to the appropriate federal court’s jurisdiction, and acceptance of service of process.
The user’s physical or electronic signature.

23. Severability

If any provision of these Terms of Service is determined to be unlawful, void, invalid, or unenforceable, that provision will be considered severable and will not affect the validity or enforceability of the remaining provisions.

24. Assignment

You may not transfer or assign your rights or obligations under these Terms of Service. Boomerang may assign its rights and obligations without restriction. Any assignment attempted by you in violation of these Terms is void. These Terms are binding upon and benefit the parties and their permitted successors and assigns.

25. Headings

The headings used in these Terms of Service are provided solely for convenience and do not form part of the Agreement or affect the interpretation of any provision.

26. Waiver

Any waiver of a provision of these Terms of Service must be made in writing by the party entitled to the benefit of that provision. Failure by Boomerang to enforce any right or provision does not constitute a waiver of that right or provision.

27. Survival

Any provisions of these Terms of Service that are intended by their nature to survive termination or expiration will continue to remain in effect after the Agreement ends.

28. Additional Assistance

If you do not understand any part of these Terms of Service or have any questions or comments, you may contact Boomerang at: support@boomerangfleets.com