Products Terms of Use

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

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

Subject to the country specific provisions below, these Terms provide that all disputes between you and EcoFlow will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action.

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

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

Subject to the country specific provisions below, the Product is provided “as-is” and without warranties of any kind other than those provided for in the EcoFlow Limited Warranty (Warranty Policy – EcoFlow) and EcoFlow’s liability to you is limited.

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

FOR AUSTRALIAN USERS: except for your right and statutory guarantees as described in Section 7.1, the Product is provided “as-is” and without warranties of any kind other than those provided for in the EcoFlow Warranty Policy (Warranty Policy – EcoFlow Australia) ,and EcoFlow’s liability to you is limited.

 

1. Eligibility.

Users under 18 years of age are strongly advised to use EcoFlow products under the adult supervision. By agreeing to these Terms, you represent and warrant to us that:
 (a) you have full knowledge of how to use the Product; and
(b) your activation and your use of the Product is in compliance with all applicable laws and regulations.

Suppose you use the Product on behalf of an entity, organization, or company. In that case, you represent and warrant that you have the authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization.

2. Usage Advice.

When the power supply is connected to the load of the refrigerator in the normal mode, the power supply may automatically shut down due to the power fluctuation property of the refrigerator. It is recommended that for refrigerators that store medicines, vaccines or other high-value items, please be sure to turn on the AC output through the APP when connecting the power supply product. It is in the "never off" state to ensure continuous power supply. Users should pay attention to the power consumption of the power supply. //Applicable to all power supply products

It is recommended to use it with a moisture-proof bag in a humid environment (seaside and other environments) to avoid water immersion. If you find that the product is soaked in water, it is not recommended to use it again. Please leave it in an unmanned safe area immediately, dry and avoid the rain, and immediately contact EcoFlow Customer service. //Applicable to all power supply products

3. Feedback.

 

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

 

4. Your Obligations.

By using the Product, and by entering into these Terms, you represent and warrant that your use of the Product and your involvement of events or activities incidental to your use of the Product comply and will comply with all applicable laws, statutes, and regulations, and that you will not use the Product except as expressly permitted under these Terms. 

For users located in the US, this includes complying with the relevant privacy and data protection laws(including but not limited to CCPA), and safety regulations applicable in the country and the states where you are located.

For users located in the EU, this includes complying with the relevant privacy and data protection laws (including but not limited to GDPR), and safety regulations applicable in the country where you are located.

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

For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People's Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Service Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations.

5. Materials.

 

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

 

6. Indemnity.

 

You are responsible for your use of the Product. You will defend and indemnify EcoFlow and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “EcoFlow Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
(a) use or alleged use of the Product; 
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; 
(c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or 
(d) any dispute or issue between you and any third party.

 

 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

7. Disclaimers; No Warranties.

 

The products are not recommended to be used for power supply of safety-related medical devices, including but not limited to CPAP (Continuous Positive Airway Pressure), ECMO (Extracorporeal Membrane Oxygenation), etc. If they are being used for general medical devices, please be aware of the battery status and keep it from running out of the battery.//Applicable to all power supply products

 

 

While using power products, electromagnetic fields will be inevitably generated, which could affect the normal functioning of implantable medical devices and personal medical devices such as pacemakers, cochlear implants, hearing aids, defibrillators, etc. If these medical devices are used, please consult manufacturers for restrictions on the use of related devices in order to ensure a safe distance between the running products and implantable medical devices (such as pacemakers, cochlear implants, hearing aids, defibrillators, etc) .//Applicable to all power supply products
If you use charging piles to charge power supply products, please make sure that the usage specifications set by the local charging pile operator have been clearly understood and strictly observed to avoid adverse consequences.//Applicable to Delta Pro

 

 

EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY (POLICY AVAILABLE AT (Warranty Policy – EcoFlow), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ECOFLOW ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: 
(A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND 
(B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ECOFLOW ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE ECOFLOW ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR ECOFLOW HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT. 
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
FOR EU USERS: THIS SECTION 7 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A).
FOR AUSTRALIAN USERS: THIS SECTION 7 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B).

 

8. Limitation of Liability

 

IN NO EVENT WILL THE ECOFLOW ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ECOFLOW ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 9.4(iii), THE AGGREGATE LIABILITY OF THE ECOFLOW ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

 

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

 

9. Governing Law and Jurisdiction.

 

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

 

10. General.

 

These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and EcoFlow regarding your use of the Product. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 1 and 4-10 of these Product Terms will survive, as will any other provisions specified as surviving the termination of the Product Terms, the EcoFlow.com Terms of Use, the EcoFlow Privacy Policy, and any other applicable terms and conditions in such agreements.

 

 

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

 

11. Contact Information.

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

12. Country Variations.

A. EU Users.

For EU users the following sections apply:

7. Disclaimers and Warranties.

The products are not recommended to be used for power supply of safety-related medical devices, including but not limited to CPAP (Continuous Positive Airway Pressure), ECMO (Extracorporeal Membrane Oxygenation), etc. If they are used for general medical devices, please be aware of the battery status and keep it from running out.//Applicable to all power supply products

While using power products, electromagnetic fields will be inevitably generated, which could affect the normal functioning of implantable medical devices and personal medical devices such as pacemakers, cochlear implants, hearing aids, defibrillators, etc. If these medical devices are used, please consult manufacturers for restrictions on the use of related devices in order to ensure a safe distance between the running products and implantable medical devices (such as pacemakers, cochlear implants, hearing aids, defibrillators, etc).//Applicable to all power supply products

If you use charging piles to charge power supply products, please make sure that the usage specifications set by local charging pile operator have been clearly understood and strictly observed to avoid adverse consequences.//Applicable to Delta Pro

EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY (POLICY AVAILABLE AT (Warranty Policy – EcoFlow Europe), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, THE ECOFLOW ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: 
(A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; AND
(B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ECOFLOW ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE ECOFLOW ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS AND WHICH IS NOT ATTRIBUTABLE TO THE ECOFLOW ENTITIES OR TO THE PRODUCT. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR ECOFLOW HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT AND FOR WHICH THE ECOFLOW ENTITIES CANNOT BE HELD LIABLE UNDER THE TERMS.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW (SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO EU CONSUMERS) AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8. Limitation of Liability.

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

FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOURS OR OUR LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS, FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR AGENTS OR EMPLOYEES OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

B. Australian Users.

B. Australian Users. For Australian users the following sections apply:

7. Disclaimers and Warranties.

7.1 Statutory Guarantees.
IF YOU ARE AN AUSTRALIAN RESIDENT THEN OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS AND SERVICES REPAIRED OR REPLACED IF THE GOODS AND SERVICES FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.GUARANTEES INCLUDE (WITHOUT LIMITATION) THAT

(A) THE PRODUCT IS PROVIDED WITH ACCEPTABLE CARE, SKILL AND TECHNICAL KNOWLEDGE AND TAKING ALL NECESSARY STEPS TO AVOID LOSS AND DAMAGE;

(B) THE PRODUCTS ARE FIT FOR THE PURPOSE OR GIVE THE RESULTS THAT YOU AND ECOFLOW AGREED TO;

(C) THE PRODUCT IS DELIVERED WITHIN A REASONABLE TIME. TO CLAIM UNDER THIS WARRANTY YOU MUST CONTACT: support@ecoflow.com. IF YOU MAKE A CLAIM AND ARE NOT ENTITLED TO A STATUTORY GUARANTEE, ECOFLOW RESERVES THE RIGHT TO REQUIRE THAT THE YOU PAY ANY EXPENSES AND COSTS ASSOCIATED WITH THE CLAIM.

7.2 Disclaimer.
NOTHING IN THIS SECTION 7.2 LIMITS YOUR RIGHTS AND STATUTORY GUARANTEES AS DESCRIBED IN SECTION 7.1. THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ECOFLOW ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ECOFLOW ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN ECOFLOW WARRANTY POLICY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE ECOFLOW ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR ECOFLOW HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.THE BENEFITS PROVIDED TO THE CONSUMER BY THE WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES AVAILABLE TO THE CONSUMER UNDER THE LAW INCLUDING THE STATUTORY GUARANTEES AS DESCRIBED IN SECTION 7.1.

8. Limitation of Liability

EXCEPT FOR OUR LIABILITY TO YOU UNDER THE STATUTORY GUARANTEES DESCRIBED IN SECTION 7.1 (WHICH IS NOT LIMITED OR EXCLUDED):IN NO EVENT WILL THE ECOFLOW ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ECOFLOW ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.THE AGGREGATE LIABILITY OF THE ECOFLOW ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.