Kora Founders Edition Purchase Agreement

Agreement version: 2026-09-24 (rev 4)

Kora Power, Inc. | 11151 Trade Center Dr., Ste 100, Rancho Cordova, CA 95670 | support@korapower.com | 855-873-5672

EQUIPMENT PURCHASE AGREEMENT

PARTIES: The customer identified in the Order Details ("Customer" or "you") shall be a party to and bound by the terms of this Kora Founders Edition Equipment Purchase Agreement (the "Agreement") together with Kora Power, Inc. ("Kora," "we," "us," or "our").

PURPOSE: This Agreement governs Customer's purchase of the Kora hardware identified in the Order Details, including any Smart Panel, Powerblocks battery modules, hybrid inverter, gateway, sensors, accessories, or other Kora-branded equipment listed there (collectively, the "Equipment").

ORDER SUBMISSION & ACCEPTANCE: Customer makes an offer to purchase the Equipment pursuant to the terms of this Agreement by selecting the checkout acceptance checkbox and submitting the required payment. No separate purchase order, handwritten signature, or signed document returned to Kora is required. Kora accepts the order only when Kora delivers an order confirmation to Customer stating that the paid order has been accepted. Receipt, authorization, or processing of payment alone does not constitute Kora's acceptance.

ORDER DATE: The "Order Date" is the date on which Kora delivers to Customer the order confirmation stating that the paid order has been accepted, as described above. If Kora does not accept Customer’s order, then Kora will provide Customer with a full refund of all amounts paid for the order.

AGREEMENT TERMS:

1. AGREEMENT DOCUMENTS; NATURE OF AGREEMENT; PRIORITY OF TERMS.

1.1 Equipment-only agreement. THIS AGREEMENT IS FOR THE SALE AND DELIVERY OF EQUIPMENT ONLY. This Agreement shall not be construed as a contract for construction, home improvement, installation labor, electrical work, permitting, inspection, utility interconnection, repair, alteration of real property, or commissioning services and such services shall not be included in the Total Purchase Price unless Customer and Kora separately sign a written installation or services agreement that expressly says otherwise.

1.2 Purchase Documents. The contract for the Equipment consists of: (a) the Order Details; (b) this Agreement; (c) any state-specific addendum delivered with the Agreement; and (d) Kora's Limited Warranty made available to Customer before purchase (collectively the “Purchase Documents”). The "Order Details" are the Equipment, quantities, prices, credits, payment terms, delivery and installation addresses, and Estimated Ship Window shown for Customer's order at checkout and in Kora's order confirmation, receipt, or invoice. The Order Details are not shown on this page; Customer should refer to Customer's checkout page, order confirmation, receipt, or invoice. Kora retains the Order Details with the version of this Agreement accepted by Customer. Customer’s order shall also be subject to Kora's Privacy Policy which governs personal information and connected-product data as described in Section 16 hereunder.

1.3 Priority of documents in case of conflict. If a conflict exists between the terms of the Purchase Documents then: (a) a mandatory state-specific addendum controls for the subject it addresses; (b) the Order Details control configuration, quantity, price, credits, and the Estimated Ship Window; (c) the Limited Warranty controls warranty coverage, duration, exclusions, and warranty remedies; and (d) this Agreement controls all other purchase terms.

1.4 Reservation conversion. Customer’s prior Equipment reservation is converted into a committed paid order when Kora delivers the order confirmation stating that the paid order has been accepted. Once Kora provides Customer with an Order Date, the Reservation Terms and Conditions shall no longer govern the purchase notwithstanding any rights which Customer may have accrued before the Order Date or afforded to Customer by applicable law. The $100 reservation payment is credited as shown in the Order Details.

1.5 Website terms. Kora's general website Terms of Service govern use of Kora's website and online services, but do not modify the price, shipment, cancellation, warranty, title, or other Equipment-sale terms in this Agreement. If a website policy conflicts with this Agreement regarding the paid order, this Agreement controls.

2. COMMITTED ORDER; ORDER ACCEPTANCE; RESERVATION PRIORITY.

2.1 Committed paid order. Once Kora accepts Customer’s paid order by delivering an order confirmation stating that the paid order has been accepted, Customer’s Equipment purchase shall be subject to the cancellation and refund rights specified in Section 8 hereunder and applicable law. Customer hereby acknowledges that this Agreement represents a binding contract irrespective of the fact that title to the Equipment and risk of loss shall transfer from Kora to Customer later in accordance with Section 7 hereto.

2.2 Verification. Kora may verify payment, identity, delivery information, product eligibility, and compliance requirements before accepting an order. Kora may reject an order before acceptance and, if it does, will refund all amounts paid for that order.

2.3 Reservation priority. Kora will use commercially reasonable efforts to preserve the Customer's original reservation priority. Actual production and delivery sequence may vary based on configuration, geography, site readiness, regulatory requirements, transportation, inventory availability, and fulfillment efficiency. Reservation sequence is not a guaranteed delivery position or delivery date.

2.4 Personal residential purchase. Unless Kora agrees otherwise in writing, the Equipment is sold for residential use at the installation address in the Order Details and not for resale, export, or speculative inventory.

3. RESERVATION CREDIT AND LOCKED EQUIPMENT PRICE.

3.1 Reservation credit. The Customer's $100 reservation payment will be credited dollar-for-dollar against the Total Purchase Price and is not an additional charge.

3.2 Locked cash price. If Customer's reservation included a locked cash price, Kora will honor that locked price for the substantially equivalent configuration and quantity reserved, as reflected in the Order Details. The locked price does not include later-added Equipment, customer-requested upgrades, installation, permitting, utility charges, site work, taxes, or other amounts not included in the reserved configuration.

3.3 Customer changes. If Customer requests an amendment to an accepted order after the Order Date, then Kora may apply the then-current pricing terms to the added or changed items, and the change may affect the Estimated Ship Window. Kora shall disclose any resulting price or shipment change but shall not implement such changes to the order unless approved by Customer. Customer shall not be obliged to accept the updated pricing terms and may cancel the order for a full refund.

4. CONFIGURATION; PRODUCT CHANGES; SUBSTITUTIONS.

4.1 Final configuration. The Equipment listed in the Order Details is the configuration Customer is purchasing. Marketing images, renderings, prototypes, demonstrations, and pre-production descriptions are illustrative and are not part of the final configuration unless expressly incorporated into the Order Details or applicable product specifications.

4.2 Non-material product changes. Kora may make manufacturing, sourcing, firmware, certification, safety, packaging, or engineering changes and may substitute components that are functionally equivalent or better, provided the change does not materially reduce the Equipment's core functionality, usable capacity, continuous power rating, safety certification status required for the installation jurisdiction, or warranty term as represented for the purchased configuration.

4.3 Material adverse change. If Kora determines before shipment that a change will materially and adversely affect a material specification of Customer's purchased configuration, Kora will notify Customer. Customer may accept the revised configuration or cancel the affected unshipped Equipment for a full refund of amounts paid for that Equipment. Kora may also offer an alternative configuration, but Customer is not required to accept it.

4.4 Regulatory changes. If a change in law, certification requirement, utility rule, safety requirement, or product availability makes the ordered configuration impracticable or unlawful for Kora to sell or ship, Kora may offer a compliant substitute. If Customer does not accept the substitute, either party may cancel the affected unshipped Equipment and Kora will issue the refund required by Section 8 herein.

5. PRICE; PAYMENT; TAXES; NO ESCROW.

5.1 Purchase price. Customer will pay the total price for the Equipment shown in the Order Details (the "Total Purchase Price"), subject only to adjustments expressly permitted by this Agreement, Customer-approved changes, or taxes and governmental charges that Kora is legally required to collect.

5.2 Payment timing. Customer must pay the full Total Purchase Price, less the $100 reservation credit, when Customer submits the order through checkout. Kora is not required to allocate or ship Equipment until required payment has cleared.

5.3 Taxes and governmental charges. Estimated taxes shown at checkout may be adjusted if the applicable taxing authority, delivery location, exemption status, or tax rate changes or if a calculation is corrected. Customer remains responsible for legally applicable sales, use, excise, recycling, or similar taxes and governmental charges that Kora is required to collect, but not for Kora's income or franchise taxes.

5.4 Third-party financing. If Customer uses a third-party lender or financing provider, that financing arrangement is separate from this Agreement. Kora is not the lender unless Kora expressly identifies itself as the creditor in a separate written agreement. Failure of third-party financing to fund may delay or prevent order acceptance or shipment.

5.5 No escrow or trust. Except where applicable law requires otherwise, Customer payments for purchased equipment are not held in escrow, trust, or a segregated customer account and may be commingled with Kora's general funds. This does not reduce or delay any refund obligation Kora has under this Agreement or applicable law.

6. ESTIMATED SHIP WINDOW; DELAYS; CUSTOMER DELAY RIGHTS.

6.1 Estimated Ship Window. Customer’s order may not be submitted unless Kora's checkout displays the Order Details, including an Estimated Ship Window, before Customer accepts this Agreement and submits payment. You acknowledge that the Estimated Ship Window is not a guarantee as to the date on which Kora will deliver the purchased Equipment but instead represents Kora's good-faith estimate regarding the date on which Kora expects to place the Equipment with the carrier for shipment to Customer's final delivery location or Customer-designated installer.

6.2 Shipment representation. Kora will maintain a reasonable basis for the Estimated Ship Window and will not rely on production estimates that Kora knows are no longer supportable. Transit time after shipment is an estimate and may vary because of carrier scheduling, hazardous-material handling, weather, regional freight capacity, or other transportation conditions.

6.3 Shipment Delays. If Kora learns that it cannot ship the purchased Equipment within the Estimated Ship Window, then Kora will provide Customer with a notice of delay within the time required by applicable law which shall either specify a revised shipment date, if Kora is reasonably able to provide an updated shipment date, or indicate that Kora cannot provide a definite date and explain the reason for the delay. If Customer receives a notice of delay for an order accepted by Kora, then Customer shall have the right to cancel and receive a full and prompt refund for the unshipped Equipment.

6.4 Statutory delay rights. Nothing in this Agreement limits any cancellation, consent, or refund right provided by the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule as provided in 16 C.F.R. Part 435 or other applicable law. If a legal requirement is more protective than this Agreement, the legal requirement controls.

6.5 Customer-caused delays. If shipment cannot occur because Customer has not provided required delivery information, has requested a hold, has not resolved a payment issue, or has otherwise asked Kora not to ship, then Kora may extend the Estimated Ship Window by the period reasonably attributable to the Customer-caused delay. Kora will document the hold or requested change in the order record.

7. SHIPPING; DELIVERY; INSPECTION; TITLE AND RISK OF LOSS.

7.1 Fulfillment partners. Kora may use distributors, warehouses, third-party logistics providers, freight carriers, and other fulfillment partners to store, stage, and deliver the Equipment. Transfer of Equipment to a Kora distributor, warehouse, or fulfillment partner does not by itself transfer title or risk of loss to Customer.

7.2 Shipment. For purposes of this Agreement's ordinary cancellation provisions, "Shipment" occurs when the Equipment is physically placed with a carrier for final shipment to Customer's delivery address, Customer-designated installer, or another final delivery location approved by Customer. Applicable law may define shipment differently, and that legal definition controls statutory rights.

7.3 Title and risk of loss. Unless applicable law requires otherwise, title and risk of loss pass to Customer when the Equipment is physically delivered to Customer, Customer's designated installer, or the approved jobsite, or when Customer takes possession at an approved pickup location. If Customer designates an installer or other recipient, delivery to that recipient is delivery to Customer for purposes of this Section.

7.4 Transit damage. Customer or Customer's installer should inspect the shipment at delivery, note visible freight damage on the delivery receipt when practicable, retain packaging, and promptly notify Kora. Kora requests notice of visible freight damage within 24 hours and notice of concealed freight damage as soon as reasonably practicable so Kora can preserve carrier claims. Failure to meet Kora's requested notice period does not waive rights that cannot lawfully be waived.

7.5 Failed delivery or storage. If Customer or Customer's designated recipient cannot accept a scheduled delivery, Kora may arrange redelivery or storage and may charge reasonable, documented redelivery or storage costs after disclosing those costs. Kora will not assess such charges for a failed delivery caused by Kora or its carrier.

7.6 Partial shipments. Kora may ship components separately when reasonably necessary. If a partial shipment materially prevents use of the system, Kora will continue to fulfill the remaining Equipment and will apply the cancellation and delay rights required by law to any unshipped merchandise.

8. CANCELLATION; REFUNDS; RETURNS.

8.1 Cancellation before Shipment Notice. Customer may cancel the paid order for any reason at any time before the earlier of (a) the date Kora sends Customer a Shipment Notice or (b) the date Customer signs an Installation Contract (each as defined in Section 8.2), and receive a full refund of all amounts paid toward the Equipment, including the $100 reservation credit. This contractual cancellation right does not replace any longer cancellation right required by law.

8.2 No refund after Shipment Notice or Installation Contract. A "Shipment Notice" is the written notice Kora sends Customer when the Equipment has shipped or is ready for Customer's installer to pick up from a Kora distributor, warehouse, or fulfillment partner. An "Installation Contract" means any written installation agreement Customer signs with Kora or any installer, including an Installation Agreement under Section 9.1 or an agreement with an independent installer under Section 9.2. Once Kora sends a Shipment Notice or Customer signs an Installation Contract, whichever comes first, Customer may no longer cancel the order for a refund under Section 8.1 and will not be eligible for a refund of any amounts paid toward the Equipment, including the $100 reservation credit, even if the Equipment has not yet shipped or been picked up. Cancellation or termination of an Installation Contract does not restore Customer's refund right under Section 8.1 unless applicable law requires otherwise. This Section 8.2 does not limit any refund owed when Customer cancels because Customer received a notice of delay under Section 6.3 or Kora missed a shipment deadline, because Kora made a material adverse product change under Section 4.3, because Kora cancels under Section 8.5, because this Agreement expressly provides a full refund, or because applicable law requires a refund.

8.3 After Shipment. Because Smart Panels and lithium battery energy systems require specialized freight, hazardous-material handling, chain-of-custody controls, and inspection, convenience returns after Shipment are not accepted unless applicable law requires a return right or Kora authorizes the return in writing. Any approved return requires an RMA and compliance with Kora's shipping instructions. Kora will disclose any customer-responsible return freight, hazardous-material handling, or reasonable restocking charge before authorizing a discretionary return. Warranty claims are governed by the Limited Warranty and are not subject to a convenience-return fee.

8.4 Prior reservation language. Customer acknowledges that the cancellation and return terms in this Section replace the cancellation and return provisions of the Reservation Terms for the paid order upon Kora's acceptance, except to the extent a prior right cannot lawfully be modified or waived. The checkout acceptance must present this Agreement before Customer submits payment.

8.5 Kora cancellation. Kora may cancel an unshipped order if Kora cannot lawfully or commercially supply the Equipment, a required product or certification becomes unavailable, the order is fraudulent, Customer materially misrepresents required information, or Customer materially breaches this Agreement. If Kora cancels for reasons not caused by Customer's breach or misconduct, Kora will refund all amounts paid for the cancelled unshipped Equipment. If Kora cancels because of Customer's material breach or misconduct, Kora may deduct only reasonable, documented, nonrecoverable costs to the extent permitted by law, up to a maximum of 10% of the Equipment Price unless a different remedy is required or allowed by law.

8.6 Refund method and timing. Refunds will be issued to the original payment method when reasonably practicable. Kora will initiate refunds within the time required by applicable law. For refunds governed by the FTC Mail, Internet, or Telephone Order Merchandise Rule, Kora will provide the prompt refund required by that rule.

8.7 No unauthorized battery returns. Customer must not ship, mail, tender to a common parcel carrier, or otherwise return any lithium battery module without Kora's written RMA and hazardous-material shipping instructions. Unauthorized shipment may create safety and regulatory risks.

9. INSTALLATION IS SEPARATE FROM THIS EQUIPMENT SALE.

9.1 Separate installation contract controls. Customer shall execute a separate installation agreement with Kora for installation and home improvement services (an “Installation Agreement”). The Installation Agreement shall govern any installation or home improvement services which Kora agrees to provide and shall contain any state-specific notices, payment schedules, cancellation rights, license information, or other disclosures required for that work. Without limiting the foregoing, the terms of this Agreement shall not replace the terms of any Installation Agreement duly executed by Customer and Kora.

9.2 Installer relationship. Kora may assign a third-party installer to install Customer’s purchased Equipment only at Customer’s request and subject to Customer’s execution of a separate installation agreement together with Kora. Without limiting the foregoing, Customer understands that all third-party installers assigned to Customer pursuant to a validly executed installation Agreement are independent contractors; in no circumstance shall a third-party installer be deemed an employee, agent, partner, or subcontractor of Kora. Customer shall not be required to execute an installation agreement with Kora and may separately contract with a qualified, properly licensed installer for installation services and may request that Kora identify, refer, coordinate with, or facilitate communication with independent installers for such purposes. If Customer engages an independent installer identified by Kora, then Customer acknowledges that such independent installer is not Kora's employee, agent, partner, or subcontractor.

9.3 Installation requirements. Customer shall be responsible for ensuring that installation and commissioning comply with applicable electrical and building codes, Kora's installation instructions, product certifications, and the eligibility requirements in the Limited Warranty. Customer should not energize or operate uncommissioned Equipment except as directed by the installer or Kora. Warranty coverage for installation-related issues is governed exclusively by the Limited Warranty and applicable law.

10. SITE CONDITIONS; COMPATIBILITY; ADDITIONAL WORK.

10.1 Customer information. Customer will provide accurate information reasonably requested to confirm configuration and delivery, which may include service size, existing electrical equipment, solar or generator information, photographs, utility information, installation address, access constraints, and other site details. Kora may share relevant order and site information with Customer's selected installer or fulfillment provider as permitted by the Privacy Policy.

10.2 Hidden or unknown conditions. Final installation scope and cost may depend on conditions that are not visible until an installer evaluates the site, including electrical service condition, code deficiencies, trenching, conduit routes, structural work, working clearances, utility equipment, local permitting requirements, asbestos or hazardous materials, or required upgrades. Unless expressly stated in a separate installation agreement, Kora does not guarantee installation cost or the absence of additional site work.

10.3 Incompatible site before Shipment. If Kora or Customer's installer determines before Shipment that the ordered Equipment cannot reasonably be installed at the installation address in a code-compliant manner, Kora may offer a different configuration. If no reasonable compliant configuration is accepted, Customer may cancel the affected unshipped Equipment for a full refund, except that Kora may deduct nonrecoverable costs caused by material inaccurate information knowingly supplied by Customer only to the extent permitted by law and disclosed to Customer.

10.4 Existing third-party equipment. Compatibility with existing solar, generators, EV equipment, service equipment, home automation, networking, or other third-party systems depends on the specific equipment and installation. Kora is responsible only for compatibility commitments expressly stated in the Order Details, product documentation, or a written confirmation from an authorized Kora representative.

11. PERMITS; UTILITY APPROVAL; INTERCONNECTION; EXPORT.

11.1 Permits and inspections. Unless a separate installation agreement states otherwise, Kora shall not be responsible for identifying and obtaining permits, inspections, utility approvals, interconnection approvals, and other site-specific authorizations required to install or operate the Equipment.

11.2 No guarantee of utility approval. Kora may provide product documentation and reasonable technical support for permitting or interconnection, but does not guarantee that a utility, authority having jurisdiction, homeowners’ association, incentive administrator, or other third party will approve a particular installation, export setting, operating mode, or program enrollment.

11.3 Operating restrictions. Local rules may require non-export, export limits, utility settings, remote control capability, specific inverter functions, or other restrictions. Customer and installer must configure and operate the system in accordance with applicable requirements.

12. LIMITED WARRANTY.

12.1 Warranty. The Equipment is covered by the Kora Home Energy System Limited Warranty made available to Customer before purchase and identified for the Order Date. That Limited Warranty, not Kora's general website Terms of Service, governs express warranty coverage, warranty duration, exclusions, transferability, and warranty remedies for the Equipment.

12.2 Pre-sale availability. Kora will make the applicable Limited Warranty available to Customer before Customer submits the paid order and will provide an electronic copy or durable link with the order confirmation. Customer may request a paper or electronic copy from Kora Support.

12.3 Implied and statutory warranties. Nothing in this Agreement disclaims or limits an implied warranty or statutory consumer right that cannot lawfully be disclaimed or limited. Any permitted limitation of implied warranties is governed by the Limited Warranty and applicable law.

12.4 Warranty and installer requirements. Any installer-training, commissioning, connectivity, or installation requirements affecting warranty coverage are governed by the Limited Warranty as limited by applicable warranty law. Kora may deny coverage for damage caused by improper installation, unauthorized modification, or incompatible third-party work to the extent permitted by law, but this Agreement does not create a broader tie-in requirement than applicable law permits.

13. SOFTWARE; CONNECTIVITY; REMOTE UPDATES; SAFETY ACTIONS.

13.1 Embedded software. Software and firmware embedded in or supplied with the Equipment are licensed, not sold, for use with the Equipment. Customer receives a nonexclusive, nontransferable license to use that software as necessary for normal operation of the Equipment, subject to applicable open-source licenses and separate app or service terms.

13.2 Connectivity. Some features may require a working internet connection, Wi-Fi, Ethernet, cellular service, cloud availability, a compatible mobile device, or third-party services. Kora does not control Customer's internet provider, cellular carrier, utility communications network, or third-party service availability.

13.3 Remote updates. Kora may provide remote firmware, software, cybersecurity, safety, interoperability, and compliance updates. Updates may temporarily interrupt operation and may change non-core user-interface or service features. Kora will not intentionally use an update to materially reduce purchased hardware capacity or core hardware functionality except when reasonably necessary to address a safety, cybersecurity, legal, certification, or grid-compliance requirement.

13.4 Protective actions. Where technically available and reasonably necessary to address a material safety, cybersecurity, or legal-compliance risk, Kora may remotely place connected Equipment into a protective or reduced-function state. Kora will use commercially reasonable efforts to notify Customer when practicable and to restore normal operation when the condition is resolved.

14. ENERGY TRADING; VIRTUAL POWER PLANTS; UTILITY PROGRAMS.

14.1 Separate program terms. Energy trading, virtual power plant (VPP), demand response, wholesale market participation, utility programs, and similar services are separate from the Equipment sale and may require separate enrollment, eligibility verification, permissions, program terms, telemetry, utility approval, aggregator approval, or market participation agreements.

14.2 No guaranteed availability or earnings. Purchase of the Equipment does not guarantee that any energy trading or VPP program will be available at Customer's address, will launch by a particular date, will remain available for a particular period, or will generate any particular revenue, savings, dispatch frequency, export opportunity, or return on investment. Program availability and compensation may depend on market rules, utility tariffs, grid conditions, regulatory approvals, equipment configuration, connectivity, and Customer participation choices.

14.3 Founders Edition promotional benefit. If a customer's invoice and receipt expressly lists “Founders Edition”, Kora will not charge Customer Kora's then-standard platform subscription or participation fee for eligible Kora-operated Energy Trading service for the original system at the original installation address for so long as Kora offers that service and the system remains technically and programmatically eligible. This benefit does not waive utility charges, market fees, taxes, communications charges, installer charges, third-party fees, or charges imposed by an independent program administrator. Any dispatch authorization, revenue share, payment mechanics, program eligibility, and customer control rights will be governed by the separate program terms presented before enrollment.

15. INCENTIVES; SAVINGS; PERFORMANCE EXPECTATIONS.

15.1 Incentives. Kora does not provide tax, legal, or accounting advice and does not guarantee eligibility for any tax credit, rebate, grant, utility incentive, renewable-energy credit, interconnection benefit, rate plan, or other governmental or third-party program. Customer is responsible for confirming eligibility and requirements with the applicable provider and professional advisors.

15.2 Energy savings and bill outcomes. Actual energy savings, backup duration, self-consumption, arbitrage results, export revenue, and utility-bill outcomes depend on factors outside Kora's control, including household loads, solar production, weather, rate plans, utility rules, customer settings, battery state of charge, outages, equipment configuration, and future market prices. No estimate or sales illustration is a guarantee unless expressly labeled as a written guarantee signed by an authorized Kora officer.

15.3 Technical specifications. Published technical specifications are subject to normal engineering tolerances and the product-change provisions of Section 4 hereunder. The Limited Warranty governs warranted performance and remedies.

16. PRIVACY; ORDER INFORMATION; OPERATIONAL DATA

16.1 Privacy Policy. Kora's Privacy Policy governs Kora's collection, use, disclosure, retention, and protection of personal information. Customer should review the Privacy Policy before submitting the paid order.

16.2 Service providers. Kora may provide information reasonably necessary to process payment, prevent fraud, fulfill and deliver the order, coordinate installation at Customer's direction, provide support, administer warranties, operate connected-product services, or comply with law to payment processors, fulfillment providers, carriers, distributors, installers, utilities, service providers, and other parties as described in the Privacy Policy.

16.3 Operational data. Connected Equipment may generate telemetry, diagnostic, energy, performance, event, and device data. Kora may use such data to operate, secure, support, diagnose, update, improve, and comply with requirements applicable to the Equipment and services, subject to the Privacy Policy and applicable law.

17. SAFETY; PROPER USE; HAZARDOUS MATERIALS

17.1 Manuals and warnings. The purchased Equipment must be installed in accordance with Kora’s current installation, operation, maintenance, safety, and emergency instructions supplied with the Equipment. Customer shall be responsible for ensuring that only qualified persons perform work which requires opening electrical enclosures, modifying wiring, servicing high-voltage equipment, or handling battery modules.

17.2 Life-safety use. The Equipment is not represented as a primary or backup power source for life-support equipment or any application in which loss of power could reasonably be expected to cause death, serious bodily injury, or catastrophic property loss, except to the extent Kora expressly approves such use in writing.

17.3 Battery transport. Lithium battery modules are regulated articles for transportation. Customer must follow Kora's instructions and applicable hazardous-material laws for any return, relocation, or shipment

18. LIMITATION OF LIABILITY.

18.1 EXCLUDED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, ARISING FROM THE EQUIPMENT PURCHASE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN. THIS LIMITATION DOES NOT MODIFY REMEDIES EXPRESSLY PROVIDED IN THE LIMITED WARRANTY.

18.2 LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KORA'S AGGREGATE DIRECT LIABILITY ARISING OUT OF THIS AGREEMENT, EXCLUDING OBLIGATIONS UNDER THE LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT CUSTOMER PAID KORA FOR THE EQUIPMENT GIVING RISE TO THE CLAIM.

18.3 Exceptions. Sections 18.1 and 18.2 do not limit: (a) Kora's obligation to issue a refund required by this Agreement or applicable law; (b) liability that cannot lawfully be excluded or limited; (c) liability for fraud, willful misconduct, or gross negligence to the extent it cannot be limited; or (d) any nonwaivable product-liability, personal-injury, property-damage, or statutory consumer-protection remedy.

19. MISCELLANEOUS TERMS.

19.1 Force majeure. Neither party is liable for delay in performing a nonpayment obligation to the extent caused by events beyond that party's reasonable control, including natural disasters, severe weather, wildfire, epidemic, war, terrorism, civil disorder, labor disruption, carrier interruption, port closure, governmental action, utility action, cyberattack, material shortage, supplier failure, or transportation disruption, provided the affected party uses commercially reasonable efforts to mitigate the delay. Section 19.1 of this Agreement shall not permit Kora to retain payment for unshipped merchandise when applicable law requires cancellation or a refund because shipment is delayed or becomes impossible.

19.2 Dispute resolution; arbitration.

a. Informal notice first. Before filing arbitration or a lawsuit other than a qualifying small claims action or emergency request for temporary relief, the party asserting a dispute must send written notice describing the dispute, relevant order number, supporting facts, and requested relief. Notice to Kora may be sent to support@korapower.com with the subject line "Notice of Dispute" or mailed to Kora Power, Inc., 11151 Trade Center Dr., Ste 100, Rancho Cordova, CA 95670. The parties will attempt in good faith to resolve the matter for 30 days after receipt of the notice.

b. Agreement to arbitrate; Location and format. If the dispute is not resolved during the 30-day informal period, either party may require that the dispute be resolved by individual binding arbitration administered by JAMS under the rules and Consumer Arbitration Minimum Standards applicable to the dispute. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Consumer arbitration may proceed by video, telephone, or documents-only process when permitted by JAMS. Any in-person arbitration will take place in Sacramento County, California, unless the parties agree otherwise or applicable law or the JAMS Consumer Arbitration Minimum Standards require a different location. Kora will pay arbitration fees that Kora is required to pay under applicable law or JAMS consumer standards for this arbitration agreement to be enforceable.

c. Individual proceedings only. The arbitrator may award any individual relief that would be available in court, including statutory remedies and attorneys' fees when authorized by law. The arbitrator may not consolidate claims of different customers or preside over a class, collective, mass, consolidated, or representative proceeding except to the extent applicable law makes this restriction unenforceable for a particular claim or remedy.

d. Small claims and temporary relief. Either party may bring an individual claim in small claims court if the claim qualifies and remains only in that court. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction when necessary to preserve the status quo, prevent imminent safety risk, protect intellectual property, or avoid irreparable harm while arbitration is pending. Nothing in this Section waives a nonwaivable right to seek public injunctive relief or another remedy that applicable law requires to remain available in court.

e. Severability of arbitration terms. If a portion of this Section is held invalid or unenforceable, it will be severed or limited to the minimum extent necessary, and the remainder will remain enforceable, except that a claim or remedy that cannot lawfully be arbitrated on an individual basis may proceed in court as required by law.

19.3 Governing Law; State-Specific Rights.

a. Governing law. Except for Section 19.2, which is governed by the Federal Arbitration Act, this Agreement is governed by the laws of the State of Nevada, without regard to conflict-of-laws rules, except that the mandatory consumer-protection, warranty, sales, or other laws of Customer's state of residence or installation may apply when they cannot lawfully be waived by contract.

b. State-specific addenda. Kora may provide a state-specific addendum based on the installation or delivery address. A state-specific addendum becomes part of this Agreement when presented with the paid order and controls over inconsistent terms in this Agreement for the subject it addresses.

c. Statutory rights. Nothing in this Agreement waives a right or remedy that applicable law does not permit Customer to waive. If a term is inconsistent with a nonwaivable law, the term will be applied only to the maximum extent permitted, and the rest of the Agreement remains effective.

19.4 Electronic records and acceptance. Customer agrees that this transaction may be conducted electronically and that electronic acceptance, electronic signatures, checkout records, order confirmations, notices, and copies of this Agreement satisfy any requirement that the transaction or communication be in writing, to the extent permitted by law. Customer's selection of the checkout acceptance checkbox and submission of the required payment constitute Customer's electronic signature and execution of this Equipment Purchase Agreement, to the extent permitted by law. References to Customer's execution of this Equipment Purchase Agreement mean this electronic acceptance process and do not require a separate purchase order, handwritten signature, or signed document returned to Kora. Kora will retain the Order Details, the version of this Agreement accepted by Customer, and the acceptance timestamp together in the electronic order record, and will provide Customer with an electronic copy of the Purchase Documents or a durable link to the applicable versions with the order confirmation.

19.5 Customer contact information. Customer will keep email, telephone, delivery, and installation information reasonably current until delivery and commissioning. Routine order notices may be sent to the email or telephone number associated with the order. Formal dispute notices are governed under Section 19.2 hereunder.

19.6 Assignment. Customer may not assign the paid order before delivery without Kora's written consent. Kora may assign this Agreement to an affiliate, successor, purchaser of substantially all relevant assets, or financing or fulfillment entity that assumes Kora's applicable obligations, provided the assignment does not materially reduce Customer's rights under this Agreement or the Limited Warranty.

19.7 Entire agreement. The Purchase Documents identified in Section 1.2 of this Agreement constitute the entire agreement between Kora and Customer concerning the sale of the Equipment identified in the Order Details and shall supersede any prior oral or written representations concerning the sale of such Equipment, including the Reservation Terms described in Section 1.4 of this Agreement. For the avoidance of doubt, nothing in Section 19.7 shall be construed as limiting any nonwaivable fraud or representations required to be included herein pursuant to applicable law.

19.8 Changes to this Agreement. Unless expressly required by applicable laws, Kora shall not amend the Purchase Documents for an existing order, including the terms of this Agreement, without Customer’s affirmative consent. Additionally, Kora shall not materially change the price, cancellation terms, shipment rights, liability allocation, arbitration terms, or other substantive sale terms of an existing order by publishing purchase terms which differ from the applicable Purchase Documents on its website. Lastly, any changes applied to the Purchase Documents in accordance with Section 19.8 shall not reduce any nonwaivable Customer rights.

19.9 Severability. If any provision outside Section 19.2 is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and severed to the minimum extent necessary. The remaining provisions remain in effect.

19.10 No waiver. A party’s failure to enforce an Agreement term during the effective period of this Agreement shall not be deemed as such party’s waiver of the unenforced term or any other term hereunder.

19.11 Headings. Headings are for convenience and do not alter the meaning of the Agreement.

ELECTRONIC ACCEPTANCE