Effective Date: 01-01-2026 Last Updated: 06-11-2026 DOCUMENT VERSION: 001

These Terms of Service ("Terms") are a legal agreement between you and duke bikes LLC, doing business as duke bikes ("duke bikes," "we," "us," or "our"), governing your use of our automated bike rental stations, bicycles, website at dukebikes.co, and service platform at ride.dukebikes.co (together, the "Service").

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY, AND AN INDEMNIFICATION OBLIGATION THAT AFFECT YOUR LEGAL RIGHTS.

By creating an account, renting a bike, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility and Your Account

You must be at least 18 years old to use this service and rent bike(s). By using the Service, you represent that you are 18 or older, that the information you provide is accurate, and that you are legally able to enter into this agreement.

You are responsible for all activity under your account, including every rental started with your account credentials and every bike unlocked using your account. Keep your login credentials secure and do not share them with anyone. You may rent bikes through your own account for members of your Party as described in Section 9; doing so does not transfer your account or these obligations to them.

2. The Service

duke bikes operates automated, unattended bike rental stations ("duke bikes" and the "operator" mean the same entity throughout these Terms). You locate, unlock, ride, and return bikes using the Service without on-site staff. Because the stations are unattended and the bikes are used by the public, the condition of any bike can change between our maintenance checks, as described in Sections 5 and 7.

We may modify, suspend, or discontinue all or any part of the Service — including pricing, station locations, bike availability, and features — at any time, with or without notice, and without liability to you, except that changes to pricing apply only to rentals started after the change.

3. Rentals, Payment, and Fees

Rental charge. Rentals are charged at a per-hour rate for each bike rented. The per-hour rate is displayed to you at checkout before you start a rental. Your total rental charge is the per-hour rate multiplied by the number of hours (as calculated below) for each bike you rent.

Hourly rounding. Rental time is billed in whole-hour increments and rounds up to the next full hour. Any partial hour counts as a complete hour. For example, a rental lasting one hour and one minute is billed as two hours. By renting, you agree to this rounding method.

Pre-authorization hold. When you start a rental, we place a pre-authorization hold on your payment method through our payment processor, Stripe. The amount of the hold and the per-hour rental rate are displayed to you at checkout. The hold is captured (placed) at the time the rental starts.

Capture of the rental charge. At the end of the rental, under normal conditions, the rental charge (calculated as described above) is captured from the pre-authorization hold, and the remaining balance of the hold is released back to you. In a normal rental, you are charged only the rental charge, and the rest of the hold is released. You acknowledge that the operator may capture all or part of the pre-authorization hold at any time it deems appropriate.

Failure to return; charge for a taken bike. The operator determines, in its sole discretion, when a bike is considered taken and not returned within the proper time. If the operator determines that a bike has been taken, you may be charged immediately up to $2,000 per bike, an amount representing the replacement cost of the bike and its installed equipment together with the costs of recovery and administration. This charge may be satisfied in whole or in part by capturing and not releasing the pre-authorization hold described above, together with an additional charge to your payment method, up to the $2,000 per-bike maximum. This is a single charge triggered by the failure to return the bike, not an hourly or continuing charge. You agree to this term.

No transfer of ownership; continued pursuit. Being charged for a taken bike does not transfer ownership of the bike or bikes to you. The bike remains the property of duke bikes LLC at all times. Even after you have been charged, the operator may continue to pursue all available legal remedies, report the bike as stolen, and attempt to recover the bike or bikes. The charge is not a sale and does not release you from liability for theft, conversion, or other claims arising from the failure to return the bike.

Release of funds and technical issues. Under normal conditions, the unused portion of the pre-authorization hold is released at the end of your ride. In the event of a technical issue or rider error, the release may be delayed. If a technical issue affects your charge or hold, we will make our best effort to correct it and release your funds as soon as reasonably possible. You understand and agree that this can be a time-consuming process, that released funds may not appear immediately, and that additional time may be added by Stripe and by your own bank or card issuer, over which we have no control.

Charges final; your responsibility to report. Except as described above for technical issues, all charges are final and non-refundable, and any refund or credit is at the operator's sole discretion. It is your responsibility to review your charges and to contact us promptly at hello@dukebikes.co if you notice any error, unexpected charge, or issue with your billing. We cannot address problems we are not made aware of, and we will correct any charge we determine to be made in error.

4. Rider Requirements and Experience

The Service is intended only for people who already know how to ride a bicycle safely.

By renting a bike, you represent and agree that:

• You are an experienced bicycle rider, physically fit to ride, and familiar with the operation of a bicycle, including braking and shifting;

• Every person who rides a bike rented under your account — including any minor or other member of your group (your "Party") — is likewise an experienced rider, physically able to ride safely, and capable of understanding the rules and risks of riding;

• The Service does not provide riding instruction, supervision, or safety equipment, and you will not permit anyone who lacks riding experience or ability to use a bike rented under your account.

5. Bike Inspection — Your Responsibility Before Every Ride

You must inspect each bike before riding it. At a minimum, before each ride you (and each member of your Party, for their own bike) must check: tires and wheels, brakes, seat and seat post, handlebars and stem, pedals, and the frame, and confirm everything is secure and functioning.

If anything appears damaged, loose, worn, or unsafe — do not ride the bike. Return it to the stall, report the problem to us at hello@dukebikes.co, and select a different bike. By beginning a ride, you confirm that you inspected the bike and found it in safe working condition. If a problem arises during a ride, stop riding the bike as soon as it is safe to do so and report it.

6. Following the Law Is Your Responsibility

You — not duke bikes — are responsible for knowing and obeying all laws that apply to you and your Party while using the Service, including traffic laws, helmet requirements (including helmet laws applicable to minors), sidewalk and path restrictions, and any local rules where you ride. We do not provide helmets or other protective equipment.We strongly recommend that every rider wear a helmet whether or not the law requires it. Any fines, penalties, or consequences arising from a violation of law by you or your Party are solely your responsibility.

7. ASSUMPTION OF RISK

RIDING A BICYCLE IS AN INHERENTLY RISKY ACTIVITY THAT CAN RESULT IN PROPERTY DAMAGE, SERIOUS BODILY INJURY, PARALYSIS, OR DEATH. Risks include, but are not limited to: falls and collisions; vehicle, pedestrian, and animal traffic; road and weather conditions; potholes, debris, and surface hazards; mechanical failure; and the actions of other people.

YOU SPECIFICALLY ACKNOWLEDGE THE RISKS OF A PUBLIC, UNATTENDED BIKE PROGRAM:bikes are used by many members of the public between maintenance checks, and other persons may damage, vandalize, tamper with, misadjust, or otherwise render a bike unsafe without our knowledge, at any time, in ways that may not be visible. You accept that no inspection or maintenance program can guarantee the condition of any bike at the moment you ride it, and that your own pre-ride inspection under Section 5 is an essential part of your decision to ride.

BY USING THE SERVICE, YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS OF USING THE SERVICE, KNOWN AND UNKNOWN, FOR YOURSELF AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF YOUR PARTY.

8. RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU — FOR YOURSELF AND YOUR HEIRS, ESTATE, AND ASSIGNS — RELEASE, WAIVE, AND DISCHARGE DUKE BIKES LLC AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS; THE DESIGNERS, DEVELOPERS, MANUFACTURERS, AND BUILDERS OF THE STATIONS, BIKES, HARDWARE, AND SOFTWARE; THE CITY, COUNTY, MUNICIPALITY, AND ANY OTHER GOVERNMENTAL ENTITY OR PUBLIC AGENCY THAT PERMITS, HOSTS, SPONSORS, OR PROVIDES PROPERTY OR RIGHT-OF-WAY FOR THE SERVICE, ALONG WITH THEIR OFFICIALS, EMPLOYEES, AND AGENTS; PROPERTY OWNERS WHERE STATIONS ARE LOCATED; AND ALL OTHER COMPANIES, CONTRACTORS, SUPPLIERS, AND AGENTS INVOLVED IN CREATING, OPERATING, HOSTING, OR MAINTAINING THE SERVICE (TOGETHER, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, SUITS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES — INCLUDING MEDICAL EXPENSES, LOST WAGES, AND ATTORNEYS' FEES — ARISING OUT OF OR RELATING TO ANY ACCIDENT, INCIDENT, INJURY, DEATH, OR PROPERTY DAMAGE CONNECTED WITH YOUR OR YOUR PARTY'S USE OF THE SERVICE, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF ANY RELEASED PARTY, EXCEPT WHERE SUCH A RELEASE IS PROHIBITED BY LAW.

YOU AGREE NOT TO SUE ANY RELEASED PARTY for any claim covered by this release, and you understand this release is a material condition of being permitted to use the Service.

9. Your Party and Minors — Your Responsibility

If you allow any other person, including any minor, to ride a bike rented under your account:

• You must explain these Terms to them first — including the inspection requirement (Section 5), the legal requirements (Section 6), the risks (Section 7), and the release (Section 8) — before they ride;

• You represent that each of them understands the risks and is an experienced, capable rider;

• You personally assume full legal and financial responsibility for each member of your Party, including responsibility for any injury they suffer or cause, any property they damage, any law they violate, and all resulting costs — including all medical bills and related expenses — whether or not you adequately conveyed these Terms to them. Any failure by a member of your Party to know or understand these Terms is attributed to you;

• You acknowledge that minors are not parties to this agreement and may not rent bikes themselves; a minor may ride only under your supervision, at your sole risk and responsibility.

10. Unauthorized and Underage Use

The Service may not be used by anyone under 18 except as part of an adult's supervised group rental under Section 9. Any other use by a person under 18 is unauthorized, exceeds any permission granted by these Terms, and is undertaken entirely at that person's own risk.

By creating an account or starting a ride, you represent that you are at least 18 years old. Misrepresenting your age to access the Service is fraud. To the fullest extent permitted by law, a person who gains access to the Service by misrepresenting their age (a) remains bound by the safety obligations, assumption of risk, and release in these Terms to the maximum extent enforceable against them, (b) bears sole responsibility for all consequences of their unauthorized use, and (c) may not benefit from their own misrepresentation in any claim against the Released Parties.

If you provide your account, device, login credentials, or payment method to a person under 18, or knowingly permit a person under 18 to access the Service, you are that person's supervising account holder under Section 9whether or not you were present, and you accept full responsibility and the indemnification obligations in Section 11 for their use. A parent or legal guardian who provides or permits such access additionally agrees to these Terms on their own behalf with respect to the minor's use.

11. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, suits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by or arising from: (a) your use or your Party's use of the Service; (b) any injury to or caused by you or any member of your Party, including all medical and related expenses; (c) any claim brought by or on behalf of a member of your Party, including a minor, notwithstanding the release in Section 8; (d) your violation of these Terms; or (e) your or your Party's violation of any law or the rights of any third party.

12. Prohibited Conduct

You and your Party must not: ride under the influence of alcohol or drugs; ride at night, during twilight, or in any conditions of reduced visibility — all bikes must be returned to a station before twilight begins. Our bikes are not equipped with lights, and riding them after dark is unsafe and may violate the lighting requirements of applicable law; carry passengers on a bike not designed for them; use a bike for racing, stunt riding, towing, or commercial delivery; exceed the manufacturer's stated weight capacity of 350 lbs (including the rider and all cargo) or any lower capacity posted on a particular bike — it is your responsibility to confirm before riding that the bike is suitable for the rider and any cargo, and any incident, injury, or damage caused in whole or in part by exceeding the weight capacity is solely your responsibility; tamper with, modify, or attempt to repair a bike or station; abandon a bike outside a designated station; or use the Service in any unlawful manner. Violations may result in immediate termination of your account, forfeiture of fees paid, and liability for resulting damage.

13. Health, Fitness, Conditions, and Emergency Care

Medical fitness. By using the Service, you represent that you are in good physical health and have no medical condition, injury, impairment, or limitation that makes it unsafe for you to ride a bicycle, and that the same is true of every member of your Party. You are responsible for determining whether riding is appropriate for you and your Party, and you ride at your own risk. We do not assess, and are not responsible for assessing, anyone's fitness to ride.

Impairment. You and your Party must not use the Service while impaired by alcohol, drugs, medication, fatigue, or any condition that reduces the ability to ride safely. You are solely responsible for not riding, and for not permitting anyone in your Party to ride, while impaired.

Conditions and weather. You are responsible for deciding whether road, traffic, lighting, and weather conditions are safe before and during each ride. We do not guarantee safe riding conditions and are not responsible for hazards arising from weather, darkness, road surfaces, traffic, or the riding environment. You should not ride in conditions you are not equipped or able to handle safely. Bikes are not equipped with lights and must be returned to a station by sundown; riding at night is prohibited under Section 12. Plan your rental so you can return the bike before dark.

Helmets and protective gear. You acknowledge that we do not provide helmets or protective equipment, that we have advised you to wear a properly fitted helmet for every ride regardless of whether the law requires it, and that any decision to ride without a helmet or other protective gear is made by you at your own risk, for yourself and your Party. As a condition of these Terms, you must ensure that any minor in your Party, and any other person for whom the law requires it, wears a helmet and any other legally required protective gear at all times while riding. Failure to do so is a violation of these Terms, and you bear sole responsibility for any consequences of that failure.

No supervision, monitoring, or rescue. The Service is automated and unattended. We do not supervise rides, monitor riders or their location in real time, or provide on-site assistance, first aid, or rescue. You should not rely on us to observe, assist, or intervene during a ride, and you are responsible for your own safety and that of your Party, including summoning help in an emergency.

Emergency care. If you or a member of your Party is injured while using the Service and is unable to consent to medical treatment, you authorize duke bikes, its agents, and emergency responders to summon emergency services or arrange for emergency medical care on your or their behalf; nothing in this paragraph creates any duty or obligation for duke bikes to monitor for, respond to, or provide care in any emergency. You agree that you are financially responsible for all medical care, transportation, and related costs arising from your or your Party's use of the Service, and that the Released Parties bear no responsibility for those costs.

Shared equipment and communicable disease. Bikes and stations are shared equipment used by many members of the public. You acknowledge and assume the risk that contact with shared surfaces and equipment may expose you to germs, viruses, or communicable diseases, and that we do not guarantee that any bike or station is clean, sanitized, or free of such hazards.

14. No Warranty

THE SERVICE AND ALL BIKES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT ANY BIKE WILL BE SAFE, AVAILABLE, OR IN GOOD REPAIR AT ANY PARTICULAR TIME.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO DUKE BIKES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the maximum extent permitted.

16. Lost, Stolen, and Damaged Bikes

You are responsible for the bike from the moment you start a rental until it is properly returned to and secured at a designated station. You are responsible for the bike's safekeeping during your rental, and you must not leave it unattended in a manner that invites theft or damage. You agree to pay for loss of or damage to a bike that occurs during your rental, beyond normal wear, up to the $2,000 per-bike maximum described in Section 3; a bike that is lost, stolen, or not returned is governed by the "Failure to return" provisions of Section 3, including the no-transfer-of-ownership terms. Properly returning a bike to a designated station and confirming the return in the Service ends your responsibility for that rental, except for damage occurring during the rental.

17. Electronic Communications and Consent

By providing your email address and phone number, you consent to receive service-related communications from us electronically, including by email and text message, and you agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing. Standard message and data rates may apply to text messages.

Acceptance records. You agree that your electronic acceptance of these Terms — including clicking "agree," submitting your details, or initiating a rental — constitutes a valid, binding signature and agreement under applicable electronic signature laws, and that our records of the date, time, and manner of your acceptance, and of the version of the Terms in effect at that time, are admissible and presumptively accurate evidence of your agreement.

18. Assignment

You may not transfer or assign these Terms or your account to anyone else. We may assign these Terms in connection with a merger, acquisition, sale of assets, or other business transfer.

19. Termination

We may suspend or terminate your account at any time for violation of these Terms or for conduct that risks harm to people, property, or the Service. You may stop using the Service and request account deletion at any time. Sections 3 (as to amounts owed), 7, 8, 9, 10, 11, 13, 14, 15, 16, and 21 survive termination.

20. Privacy

Our collection and use of personal information is described in our Privacy Policy at dukebikes.co/privacy-policy, which is incorporated into these Terms.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of West Virginia, without regard to conflict-of-law principles. Any dispute arising out of these Terms or the Service shall be brought exclusively in the state or federal courts located in or serving Wood County, West Virginia, and you consent to the jurisdiction of those courts.

Jury trial waiver. To the fullest extent permitted by law, you and duke bikes each knowingly and voluntarily waive the right to a trial by jury in any action or proceeding arising out of or relating to these Terms or the Service.

Class action waiver. To the fullest extent permitted by law, any dispute must be brought in your individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You waive any right to participate in a class action against the Released Parties relating to the Service.

22. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above and, for material changes, provide notice on the Site or by email. Your continued use of the Service after changes take effect means you accept the updated Terms.

23. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision shall be enforced to the maximum extent permissible. These Terms, together with the Privacy Policy, are the entire agreement between you and duke bikes regarding the Service. Our failure to enforce any provision is not a waiver of it.

24. Contact Us

duke bikes LLC (d/b/a duke bikes) Email: hello@dukebikes.co