Reservation Terms & Conditions

This Reservation Agreement (these “Terms” or “Agreement”) governs the placing of a reservation (“Reservation”) with Pila Energy, Inc. (“Pila” or “we” or “us”) for a Pila Mesh Home Battery (“Battery”). Please read all of these Terms carefully before submitting your Reservation. By submitting your Reservation, you agree to be legally bound by these Terms.

Note: This agreement includes a dispute resolution clause, which affects how disputes are handled. Please review Section 16 for details.

1. Reservation Terms and Limitations

Your $99 Reservation Fee secures your place in line for a Pila Mesh Home Battery ("Battery") at the price in effect at the time of your reservation — either $999 (for reservations placed before May 15, 2025) or $1,299 (for reservations placed on or after May 16, 2025), subject to the terms of this Agreement.

In addition to the $99 Reservation Fee, Pila offers Reservation holders the option to complete full payment for their Battery in advance of shipping.

Prior to shipment, Pila will contact you to confirm your order details and finalize your order, at which time any remaining balance, taxes, and shipping costs will be collected.

This Reservation secures a priority position for purchasing a Battery once it becomes available but does not constitute a contract for sale or an obligation for Pila to manufacture, sell, or deliver a Battery.

Your Reservation does not:

• Guarantee a specific production slot or delivery date.
• Guarantee a specific Battery configuration or optional features.
• Include any applicable taxes, shipping costs, duties, or other fees, which will be determined at the time of purchase.
• Guarantee tax credit or incentive eligibility. Customers are responsible for consulting a tax professional regarding their eligibility under applicable law.

Pila reserves the right to decline or delay Reservations at its sole discretion based on manufacturing capacity, regulatory approvals, or other business considerations. If your Reservation is declined, you will be notified and issued a full refund of your Reservation Fee.

To ensure fair access, Pila may cancel Reservations that appear to be made for resale or other unauthorized purposes. If your Reservation is canceled, your sole and exclusive remedy will be a full refund of your Reservation Fee, as outlined in Section 6.

2. Eligibility: Age and Residency; Entity Reservations

You must be at least 18 years of age and a resident of the United States to reserve a Battery. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age and a resident of the United States. If you are reserving a Battery on behalf of a company, organization or entity (an “Entity”) located in the United States, you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.

3. Registration

When placing a Reservation for a Battery, you represent and warrant that all information provided is accurate, and it is your responsibility to keep this information current at any time by contacting Pila Support at support@pilaenergy.com. Pila shall not be liable for inaccurate or outdated information.

4. Payment

You will be charged the fee indicated (the "Reservation Fee") when you place your Reservation. Placing a Reservation constitutes your express agreement to be charged the Reservation Fee using your provided payment method. Your payment will be held by Pila in a separate account designated solely for Reservations and released for application towards the final sales price of Your Selected Battery.

If you elect to complete full payment before your Battery is ready for shipment, your payment will be applied to the final sales price and held under the same Reservation terms outlined in this Agreement. Full payments made in advance of a Final Sales Agreement do not constitute a contract for sale. Pila will provide a dated receipt upon full payment. Color and accessory options will still be finalized prior to shipment.

Prior to shipment, Pila will contact you to confirm your order details. To complete your purchase, you must enter into Pila’s Final Sales Agreement, which sets forth the final pricing for your Battery, including applicable taxes, shipping costs, duties, and fees. At that time, Pila will collect any remaining balance, taxes, and shipping costs.

Your reservation and final payment are subject to Pila's Terms of Service.

5. Expected Delivery & No Guarantee of Delivery Date

Pila fulfills orders on a rolling basis as production capacity allows. Estimated delivery windows are communicated to customers individually as their orders are finalized and will reflect current production and logistics schedules at that time. Pila is committed to keeping customers informed through regular updates via email and our website. We will provide updates if timelines change due to production or regulatory factors.

Your delivery priority will be determined based on the date of your Reservation Fee payment, Pila's manufacturing schedule, regulatory approvals, and delivery logistics. While we are committed to delivering your Battery as efficiently as possible, delivery schedules remain subject to change due to factors such as supply chain constraints, production capacity, and evolving regulatory requirements.

We will provide regular updates via email and our website (pilaenergy.com/blog) with the latest estimated delivery timelines. However, Pila does not guarantee a specific delivery date, and reserves the right to modify or delay delivery schedules at its sole discretion.

6. Cancellations, Returns & Refunds

You may cancel your reservation or order at any time prior to shipment and receive a full refund of all amounts paid. Once your order has shipped, it can no longer be canceled and must be processed as a return. Full details are available in Pila's Cancellation, Return & Refund Policy.

Customers may request changes to their order prior to shipment. While we will make reasonable efforts to accommodate changes, they may not be possible once production or fulfillment has begun.

7. Battery Specifications, Features and Price

The final price of your Pila Battery, excluding taxes, shipping, and applicable fees, will be confirmed before your purchase. Pila intends to honor the price in effect at the time your reservation was placed.

In the event of extraordinary circumstances that materially impact production, supply chain, or regulatory requirements, Pila reserves the right to adjust pricing for existing reservation holders. Pila will notify affected customers via email with at least fourteen (14) days’ notice. Customers who do not wish to proceed at the updated price may cancel their reservation and receive a full refund of all amounts paid.

You understand that Pila aims to provide timely updates on any changes to the Battery's specifications, features, or pricing. As Pila continues to refine and improve the Battery, certain specifications or features may evolve to ensure the best possible product. Pila reserves the right to adjust pricing, packaging, or available options before you complete your purchase.

Pila will communicate updates regarding specifications, features, and pricing through our website, updated datasheets, and other official materials. Reservation holders should check these sources periodically. If a change is considered material—such as a substantial modification to core features or pricing—we may also notify reservation holders via email or other means.

7.1 Transferability of Reservation

Reservations are personal to the original purchaser and may not be transferred, resold, or assigned to another person or entity without prior written approval from Pila. Any attempted transfer without Pila’s written consent shall be deemed void. If a transfer is approved, the new recipient must submit proof of purchase or confirm the transfer through the Pila App. Some warranty and service features may not transfer if the original registration was incomplete. 

To request a transfer, you must contact Pila Support at support@pilaenergy.com and provide the necessary details for review.

8. Data Privacy Notice and General Terms

The data Pila and/or its affiliates collects from you or about Your Selected Battery will be used in accordance with our Privacy Policy and Terms of Service, each of which is incorporated herein by reference and available on our website at www.pilaenergy.com/privacy and www.pilaenergy.com/terms-of-service.

Please read our Privacy Policy and Terms of Service carefully to understand the data that we collect and our practices regarding your information and how it will be treated. If you have questions regarding our Privacy Policy and Terms of Service, contact Pila Support at support@pilaenergy.com.

9. Force Majeure

The obligations of you and Pila under this Agreement (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under this Agreement by force majeure. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond such party’s control.

10. Severability

If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement, to be unenforceable, the remainder of this Agreement shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.

11. Modification

This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by Pila.

12. No Waivers

The failure by Pila to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Pila.

13. Assignment

You may not assign your rights under these Terms without our express prior consent. Pila may assign these Terms or your Reservation Fee in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.

14. Non-Export

The Battery is intended for sale and use only in the United States. You agree not to export, re-export, transfer, or sell the Battery to any individual or entity outside the United States or any country where the U.S. government has imposed trade sanctions. You also agree not to purchase a Battery with the intent of exporting it without obtaining necessary regulatory approvals.

15. Limitation of Liability

No Consequential or Indirect Damages. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL PILA OR ITS AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS, OR PARTNERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT. THIS INCLUDES, BUT IS NOT LIMITED TO: (I) LOST PROFITS, LOST OPPORTUNITIES, LOSS OF DATA, OR BUSINESS INTERRUPTION; (II) DELAYS IN DELIVERY OR CHANGES TO PRODUCT FEATURES, SPECIFICATIONS, OR PRICING; (III) SUPPLY CHAIN CONSTRAINTS, REGULATORY REQUIREMENTS, OR UNFORESEEN PRODUCTION ISSUES; (IV) THIRD-PARTY ACTIONS, INCLUDING VENDOR DELAYS, SHIPPING INTERRUPTIONS, OR CYBERSECURITY INCIDENTS. THIS LIMITATION APPLIES REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER PILA OR ANY OTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

Maximum Liability. EXCEPT AS REQUIRED BY APPLICABLE LAW, PILA’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT—WHETHER DUE TO BREACH OF CONTRACT, NEGLIGENCE, WARRANTY, OR OTHERWISE—SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO PILA UNDER THIS AGREEMENT. PILA SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT OR INCIDENTAL LOSSES, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSS, LOST TIME, OR OPPORTUNITY COSTS RESULTING FROM: (I) THIRD-PARTY DELAYS OR PERFORMANCE ISSUES (E.G., SUPPLIERS, MANUFACTURERS, SHIPPING PROVIDERS); (II) REGULATORY APPROVALS OR COMPLIANCE DELAYS; (III) FORCE MAJEURE EVENTS, INCLUDING NATURAL DISASTERS, LABOR SHORTAGES, TRADE DISRUPTIONS, OR GOVERNMENT ACTIONS.

IF ANY WARRANTY OR LIABILITY LIMITATION IN THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE, THE REMAINING TERMS SHALL CONTINUE TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Dispute Resolution

Reservations fall under the same Dispute Resolution terms found in Pila’s Terms of Service found at www.pilaenergy.com/terms-of-service.

17. Choice of Law

This Agreement and any disputes arising hereunder shall be governed by the laws of the State of California, without regard to conflict of law principles. All disputes shall be resolved through arbitration as outlined in Pila’s Terms of Service.

18. Emails, Text Messages, and Notifications

By providing your contact details, you agree to receive communications related to your Reservation, including transaction confirmations, updates, and customer service inquiries. You may opt out of non-essential marketing messages at any time by adjusting your preferences in your Pila Account or contacting Pila Support.

You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. Separately, we may seek your prior express written consent for marketing text messages. For all communications, you can control permission by contacting Pila Support at support@pilaenergy.com.

19. Entire Agreement

Your Reservation confirmation, these Terms, our Cancellation, Return & Refund Policy, our Terms of Service, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. In the event of any conflict between these Terms and the Final Sales Agreement, the terms of the Final Sales Agreement shall prevail.

20. Printed Agreement

A printed version of this Agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.