ISAAC RESERVATION AGREEMENT
Thank you for placing a reservation (a “Reservation”) for an Isaac robot (“Isaac”)! You’ve secured your place and approximate priority in the queue for finalizing your Isaac order. These Isaac Reservation Terms (“Terms”) govern your relationship with Weave Robotics, Inc. (“we”, “us”, or “Weave”) with respect to your Reservation of an Isaac.
1. Effective Date
Your Reservation is effective when 1) you place your reservation and assent to these Terms, and 2) we receive your “Reservation Payment,” which is the payment amount communicated to you during the reservation process, within 7 days of when you placed your Reservation.
2. Purchase Price
The estimated purchase price of the Isaac is only an estimate. We are still working on the exact features and hardware the Isaac will have and so cannot confirm the exact price just yet. Your actual purchase price (“Purchase Price”) will ultimately be confirmed once you’ve configured your Isaac. We reserve the right to change the Purchase Price and to add, discontinue, or change the pricing of available options for the Isaac, at any time.
3. Order Process
While this Reservation secures your approximate priority, it does not constitute the purchase or order of your Isaac. As production nears, we will invite you to complete the configuration of your Isaac and enter into a Purchase Agreement (and its terms) which will govern your purchase of the Isaac. You will be issued an updated Purchase Agreement whenever you or we make changes to your configuration. Prior to delivery, you will enter into a final Purchase Agreement (and its terms), which will detail your final Isaac configuration and Purchase Price, as well as any applicable taxes, duties, transport and delivery charges, and any other applicable fees. If you proceed with the order, your Reservation Payment can be applied towards the purchase price of your Isaac.
4. Delivery
You understand that the Isaac is still under development at the time you’ve placed your Reservation, so we cannot guarantee exactly when your Isaac will actually be delivered. You further acknowledge that the Isaac is still in development, and therefore, (1) we may make modifications to the Isaac as it enters production (including changes that may result in a materially different Isaac from any prototypes or concepts shared or provided to you prior to production), and (2) we may cancel reservations as we deem appropriate, including if the Isaac is not ready for commercial release or the development of the Isaac is significantly impacted. In addition, we reserve the right to update the areas in which we may prioritize delivery at any time, for any reason.
5. Cancellation
Until you enter into the Purchase Agreement, your Reservation may be cancelled for any reason, by either you or us, in which case you will receive a full refund of your Reservation Payment. To cancel your reservation, you need only send an email to contact@weaverobots.com, and we’ll initiate a refund of your Reservation Payment via Stripe.
6. Acknowledgements; Non-Transferable
You understand that we will not hold your Reservation Payment separately or in an escrow or trust fund or pay any interest on your Reservation Payment. Your Reservation is not transferable or assignable to another party without our prior written consent.
7. Age and Residency
You acknowledge that you are at least 18 years old, are a resident of the United States, and will take delivery of your Isaac for use in the continental United States (excluding Alaska and Hawaii). You acknowledge that you are at least 18 years old, are a resident of the United States, and will take delivery of your Isaac for use in the continental United States (excluding Alaska and Hawaii). Weave may use and process your personal information (including, without limitation, your email address) to facilitate your placement of a Reservation. Weave may also use or disclose such personal information collected for Weave’s current and future business purposes, such as product development, research, and legal compliance. Weave will use and process such personal information in accordance with applicable laws governing the processing of such personal information. You agree to all such collection, use, and disclosure. Notwithstanding the foregoing, Weave has no obligation to retain any data or information that you may have provided to Weave.
8. DISCLAIMER
WEAVE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE ROBOT DISPLAYED BY WEAVE, WHETHER BEFORE OR AFTER YOU HAVE AGREED TO THESE TERMS. YOU UNDERSTAND AND AGREE THAT THE ISAAC, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE ISAAC THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENT FROM ANY PROTOTYPE ROBOT SHARED OR CONCEPTUALIZED BY WEAVE. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE ISAAC, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR RESERVATION AS DESCRIBED HEREIN. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THIS IS NOT A SALE, AN OFFER TO SELL OR A PURCHASE AGREEMENT TO BUY AN ISAAC, AND THAT YOUR ABILITY TO BUY AN ISAAC IS SUBJECT TO AVAILABILITY.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WEAVE BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THESE TERMS. IN THE EVENT WEAVE IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS WILL BE LIMITED TO REIMBURSEMENT OF YOUR RESERVATION PAYMENT.
10. Governing Law; Integration
These Terms constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. These Terms shall be governed by and shall be construed in accordance with the laws of the State of California. You may not assign this Agreement or any of the rights granted to you hereunder.
11. Agreement to Arbitrate
Please read this Section 11 carefully. You are agreeing that any dispute between you and Weave Robotics, Inc. or its affiliates (“Weave”) will be decided by an arbitrator in arbitration rather than by a judge or jury in court. This includes claims arising before you placed your order for your Isaac. All arbitration hearings shall be conducted in San Francisco County, California.
If you have a concern or dispute, please send us an email to contact@weaverobots.com, describing your concern or dispute and how you would like it resolved. Please include your name, e-mail, phone number, and (if applicable) the order number.
To learn more about the Rules and how to begin an arbitration, you can go to www.adr.org. The arbitrator cannot consolidate claims involving others without consent from you, Weave, and the others. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Weave products. In other words, you can bring claims against Weave only in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for Weave). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim or request for a remedy (such as what lawyers call “injunctive” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated.
If you prefer, you can instead take your individual dispute to a small claims court. If you don’t want to agree to arbitration, you can “opt out” of arbitration by sending us a letter within 30 days after placing your initial order for your Isaac and first agreeing to these terms and conditions. Please send the letter to Weave Robotics, Inc.; 71388 Haight St, Unit #265, San Francisco, CA 94117 and include your name and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.