This Terms of Service agreement ("Agreement") is a legal agreement between you ("you" or "your") and Whole Battery Catalog Inc. ("WBC," "we," "us," or "our"), whose principal office is at 1495 Poinsettia Ave, Suite 146, Vista, CA 92081, United States.
This Agreement governs your access to and use of our website at www.wholebatterycatalog.com, our mobile application, our Periscope battery testing devices, and all related services (collectively, the "Services").
The Whole Battery Catalog mobile application is currently published on the Google Play Store and Apple App Store by WBC's affiliate Smartville Inc., which is under common ownership and control with WBC. WBC is solely responsible for the Services described in this Agreement.
By creating an account, purchasing products, or otherwise using our Services, you agree to be bound by this Agreement. If you do not agree, do not use our Services.
1. Our Services
- Battery Marketplace: A verified platform for buying and selling electric vehicle batteries
- Battery Testing: Professional battery diagnostic and testing services using our Periscope devices
- Periscope Tools: Battery testing hardware and software available for purchase or subscription
- Subscription Plans: Recurring plans that provide access to premium features, testing credits, and enhanced marketplace tools
2. Account Registration
To use certain features of our Services, you must create an account. When you register, you agree to:
- Provide accurate, current, and complete information
- Keep your login credentials confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your account
You must be at least 18 years of age to create an account. If you are registering on behalf of a business, you represent that you have the authority to bind that entity to this Agreement.
We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated this Agreement.
Legacy accounts. If you created your account with Smartville Inc. before October 6, 2025, your account and associated data were transferred to WBC on that date as part of an intra-group reorganization under common ownership and control. By continuing to use the Services, you agree that these Terms govern your relationship with WBC in place of any prior terms.
3. Marketplace
3.1 Buyers
By purchasing a battery through our marketplace, you agree to pay the listed price plus applicable shipping costs and taxes. All purchases are subject to availability. Payments are processed through Stripe, and by completing a purchase you authorize us to charge your selected payment method.
3.2 Sellers
By listing a battery for sale, you represent and warrant that you have legal ownership of the battery, that your description is accurate and complete, that the battery meets all applicable safety requirements, and that you will fulfill orders promptly. We reserve the right to remove any listing at our discretion.
3.3 Hazardous Materials
EV batteries are classified as hazardous materials. Both buyers and sellers are responsible for complying with all applicable DOT and IATA regulations when shipping batteries. Hazmat-certified carriers are required for all battery shipments.
4. Battery Testing and Reports
4.1 Testing Services
Our Periscope devices collect diagnostic data from EV batteries. This data is transmitted to our servers for processing and report generation.
4.2 Reports
Battery test reports are provided for informational purposes only. Reports reflect conditions at the time of testing and do not guarantee future battery performance. Reports should not be used as the sole basis for purchase decisions.
4.3 Your Test Data
You retain ownership of your test data. By using our testing services, you grant WBC a license to store, process, display, and use that data to improve our algorithms and Services.
5. Subscription Plans
5.1 Plans and Fees
Certain features of our Services require a paid subscription. Subscription fees are charged in advance on a recurring basis.
5.2 Payment
Subscription payments are processed through Stripe. You are responsible for maintaining valid payment information. We may suspend your access if payment fails.
5.3 Cancellation
You may cancel your subscription at any time. Upon cancellation, you will retain access through the end of your current billing period. No prorated refunds are provided.
5.4 Changes to Plans
We may modify subscription plans with reasonable notice. Your continued use of the Services after such changes constitutes acceptance of the updated terms.
6. Acceptable Use
You agree not to use our Services to:
- Engage in any unlawful purpose
- Create false or misleading listings
- Interfere with or disrupt the Services
- Gain unauthorized access to any part of the Services
- Circumvent any security measures
- Scrape or collect data without permission
- Impersonate any person or entity
- Harass, threaten, or defraud other users
We reserve the right to suspend or terminate your account for violations of this section.
7. Intellectual Property
7.1 Our Property
The website, mobile application, Periscope software, algorithms, reports, content, and trademarks are owned by WBC or its licensors. You may not copy, modify, or distribute any part of our intellectual property without prior written permission.
7.2 Your Content
You retain ownership of content you submit to our Services. By submitting content, you grant WBC a non-exclusive, worldwide license to use, display, and distribute that content as necessary to operate the Services.
8. Payments and Refunds
8.1 Pricing
All prices are displayed in the currency shown at the time of purchase. Applicable taxes and shipping costs are calculated and displayed at checkout.
8.2 Refunds
Marketplace Batteries: All batteries listed on this marketplace are pre-owned unless explicitly stated otherwise by the seller. Pre-owned batteries are sold as is, with all faults. The entire risk as to the quality and performance of the battery is with the buyer. Should a battery prove defective following purchase, the buyer and not Whole Battery Catalog Inc., the distributor, or the original manufacturer assumes the entire cost of all necessary servicing or repair. Each battery is accompanied by a Periscope test report reflecting the battery's condition at the time of testing. The test report does not constitute a warranty and does not guarantee future battery performance.
Buyers have 7 days from delivery to file a claim if the battery does not match the listing description or test report. Claims must be submitted in writing with photographic evidence to support@wholebatterycatalog.com. If no claim is made within 7 days, the battery is deemed accepted in its delivered condition. This does not limit any rights you may have under applicable law.
If a claim is validated, WBC will facilitate a resolution which may include a refund, partial refund, or replacement. A Return Merchandise Authorization (RMA) is required before any return. Contact support@wholebatterycatalog.com for RMA instructions. Buyers are responsible for return shipping costs, which must comply with hazardous materials shipping regulations.
Periscope Tools: The Periscope device requires an active Whole Battery Catalog subscription for battery testing and reporting functionality. Without an active subscription, the device cannot perform battery tests. Subscription fees are billed on a recurring basis and are non-refundable. You may cancel your subscription at any time through your account settings.
The Periscope Kit and Testing Harness(es) are separate products, each eligible for return independently. You may return either or both items within 14 days of delivery. Refunds are issued on a per-item basis and correspond to the price you paid for each item, not the total order amount. To initiate a return, contact support@wholebatterycatalog.com to obtain a Return Merchandise Authorization (RMA) number within 14 days of delivery. The Periscope device, barcode scanner, and charging adapter must all be returned together in original condition and packaging. Harnesses may be returned separately in original condition and packaging. Buyers are responsible for return shipping costs for non-defective returns. For returns due to a defect covered under warranty, WBC will cover return shipping costs. Refunds are processed within 10 business days of WBC receiving and inspecting the returned item(s).
8.3 Seller Payouts
Seller payouts are processed through our payment platform and are subject to the payment processor's policies and holds.
8.4 Periscope Warranty
Whole Battery Catalog Inc. warrants the Periscope device against defects in materials and workmanship under normal use for one (1) year from the date of delivery to the original purchaser. This warranty does not cover damage resulting from misuse, unauthorized modification, accident, neglect, or normal wear and tear. To obtain warranty service, contact support@wholebatterycatalog.com with a description of the defect and your order information. WBC will first attempt to repair the defective product. If repair is not possible after a reasonable number of attempts or within 30 days of the warranty claim, whichever comes first, you may choose either a replacement or a full refund. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
9. Shipping
9.1 Battery Shipping
Battery shipping is available within the continental United States only. Batteries are classified as UN3480 Class 9 Hazardous Material under DOT regulations and are shipped via ground freight through hazmat-certified carriers. Batteries are handled by trained hazmat personnel per 49 CFR 172.704. Shipments use UN-certified packaging with proper DOT marking and labeling. Each shipment includes DOT hazmat shipping papers, Safety Data Sheet, and Emergency Response Information per 49 CFR 172.600. Batteries are shipped at or below 30% state of charge per DOT requirements. Shipping costs are calculated as a flat rate covering size, weight, and hazmat handling. Estimated delivery is 5-7 business days. If we are unable to ship within this timeframe, we will notify you and you may cancel your order for a full refund.
9.2 Periscope Tools
Periscope devices and accessories are shipped via standard carriers. Shipping costs are not included in the product price and are calculated at checkout. If we are unable to ship within the estimated timeframe, we will notify you and you may cancel your order for a full refund. The Periscope kit includes the Periscope device, barcode scanner, and charging adapter. Testing harnesses are sold separately and are compatible across Periscope devices.
Emergency Contacts: 24/7 Emergency Response: CHEMTREC 1-800-424-9300. Business Hours Support: support@wholebatterycatalog.com. Safety Incident Reporting: safety@wholebatterycatalog.com.
10. California Proposition 65
WARNING: Products sold through our marketplace can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm, and cobalt, which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.
California Recycling: End-of-life recycling of batteries is required per SB 1215. Recycling information is provided with shipment. Buyers are responsible for compliance with all applicable local fire, building, and environmental regulations regarding the storage and use of large format lithium-ion batteries.
11. Limitation of Liability
Our Services are provided "as is" and "as available." We do not warrant that the Services will be uninterrupted, error-free, or secure.
To the maximum extent permitted by law, WBC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.
Our total liability to you for any claims arising from this Agreement shall not exceed the total amount you paid to WBC during the 12 months preceding the claim.
WBC is not responsible for the condition, safety, or performance of batteries sold through the marketplace. Buyer-seller transactions are between those parties.
12. Indemnification
You agree to indemnify and hold harmless WBC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of this Agreement, or your infringement of any third-party rights.
13. Dispute Resolution
13.1 Informal Resolution
Before filing any formal proceeding, you agree to contact us at support@wholebatterycatalog.com and attempt to resolve the dispute informally for at least 30 days.
13.2 Arbitration
Any dispute that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in San Diego County, California.
13.3 Class Action Waiver
All disputes must be brought on an individual basis only. You waive the right to participate in any class action, collective action, or representative proceeding.
13.4 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to support@wholebatterycatalog.com within 30 days of creating your account. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.
13.5 Exceptions
Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in any court of competent jurisdiction for claims involving intellectual property infringement or unauthorized access to the Services.
14. Termination
14.1 By You
You may close your account at any time. Please cancel any active subscriptions before closing your account.
14.2 By Us
We may suspend or terminate your account with or without cause and with or without notice. Grounds for termination include, but are not limited to, violation of this Agreement, fraudulent activity, non-payment, or conduct that harms other users or the integrity of our Services.
14.3 Effect of Termination
Upon termination, your rights to use the Services cease immediately. The following provisions survive termination: Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive.
15. Privacy
Your use of our Services is subject to our Privacy Policy, available at wholebatterycatalog.com/privacy.
16. Modifications
We may update this Agreement from time to time. When we do, we will update the "Last Updated" date at the top of this page and notify you of material changes. Your continued use of the Services after any changes constitutes acceptance of the updated terms.
17. General
- Governing Law: This Agreement is governed by the laws of the State of California, without regard to its conflict of law provisions.
- Entire Agreement: This Agreement constitutes the entire agreement between you and WBC regarding the Services and supersedes all prior agreements.
- Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
- Assignment: You may not assign your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, reorganization, spin-off, or transfer to an affiliate or successor entity. This Agreement was assigned from Smartville Inc. to WBC effective October 6, 2025 as part of an intra-group reorganization; all prior obligations continue to apply.
18. Contact Us
If you have any questions about this Agreement, please contact us:
Email: support@wholebatterycatalog.com
Address: 1495 Poinsettia Ave, Suite 146, Vista, CA 92081, United States
