Terms of Service
INFINITE MACHINE PRE-ORDER AGREEMENT
This Pre-Order Agreement (“Agreement”) governs your relationship with Infinite Machine Technologies Inc (“we”, “us”, or “Infinite Machine”) with respect to the reservation and prepayment of a deposit by you for Infinite Machine’s electric scooter currently known as P1 (“Vehicle”). This Agreement is entered into and effective as of the date we receive a copy of it duly executed by you.
- Step 1 (Reservation) By signing and returning this Agreement to Infinite Machine, you agree to make the nonrefundable (except as set forth in Section 5 herein) deposit associated with the delivery option you have purchased (which may be $1,000 USD for standard delivery, or $5,000 USD if you select the first 100 delivery option) by credit card, check or wire transfer (“Deposit”). When Infinite Machine receives your asset to the terms and conditions of this Agreement and the Deposit, your Vehicle reservation will be confirmed. You acknowledge and agree that Infinite Machine may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make reasonable efforts to inform you within a reasonable time if we are not able to accept your reservation. You further acknowledge that the Vehicle is still in development, and therefore, (1) Infinite Machine may make modifications to the Vehicle as it enters production (including changes that may result in a materially different Vehicle from any prototypes or concepts shared or provided to you prior to production), and (2) Infinite Machine may cancel reservations as it deems appropriate, including if the Vehicle is not ready for commercial release or the development of the Vehicle is significantly impacted.
- Step 2 (Confirmation and Submission of Option Selections) Infinite Machine will notify you by e-mail when the start of production nears. At the time you receive our notice (“Production Notice”), you may choose to advance to Step 2 by confirming your pre-order and submitting your option selections within fifteen (15) working days of your receipt of the Production Notice. You will pay the balance due (depending on base price plus options), together with any taxes, shipping and/or destination charges and other applicable fees upon delivery of your Vehicle. If you do not wish to complete Step 2, you may cancel your reservation. If we do not hear from you within fifteen (15) working days of your receipt of the Notice, then you will be deferred to a later position on the Vehicle reservation list. After that, we will try to contact you one more time, provided that - if you do not get back to us and promptly complete Step 2 - your reservation will be forfeited. Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that your purchase of the Vehicle will not be effective until you execute a copy of the then-applicable Infinite Machine’s standard conditions of sale.
- Delivery Schedule Infinite Machine anticipates that the delivery of the Vehicles will begin in 2025. Although we will make efforts to begin delivering Vehicles as soon as reasonably practicable in accordance with the delivery option you have selected in connection with your Deposit, you understand and agree that there may be delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Vehicle, you may cancel your reservation as provided for in Section 5 below.
- Price. Infinite Machine expects the base price of the Vehicle to be $10,000 excluding taxes, applicable fees, shipping or destination charge and options, if any (“Base Price”). We will make efforts to finalize the Base Price as soon as reasonably practicable and will provide you periodical updates. Notwithstanding the above, you understand and agree that Infinite Machine reserves the right to change the Base Price, and to add, discontinue or change the packaging or pricing of available options, at any time prior to your completion of Step 2 as described above, provided that Infinite Machine will continue to offer upgrades and new features for an additional price even after the completion of Step 2.
- Cancellation and Refund; No Refunds after 90 days. You or Infinite Machine may cancel this Agreement or your reservation by terminating this Agreement at any time for any or no reason. If you do so within ninety (90) days of your payment of the Deposit to Infinite Machine, you will obtain a refund of the Deposit without interest, less a $50 processing fee. Thereafter, you will still have the right to cancel at any time prior to our notice to you that your Vehicle is ready for delivery, but you will not be entitled to any refund of the Deposit.
- LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL INFINITE MACHINE BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT INFINITE MACHINE IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR DEPOSIT WITHOUT INTEREST.
- 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 Vehicle for use in the continental United States (excluding Alaska and Hawaii).
- Customer Information Infinite Machine may use and process your personal information (including, without limitation, your email address) to facilitate your placement of a reservation. Infinite Machine may also use or disclose such personal information collected for Infinite Machine’s current and future business purposes, such as product development, research, and legal compliance. Infinite Machine 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, Infinite Machine has no obligation to retain any data or information that you may have provided to Infinite Machine.
- DISCLAIMER. INFINITE MACHINE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE VEHICLE DISPLAYED BY INFINITE MACHINE WHETHER BEFORE OR AFTER YOU HAVE SIGNED THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT THE VEHICLE, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE VEHICLE THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM ANY PROTOTYPE VEHICLES SHARED OR CONCEPTUALIZED BY INFINITE MACHINE. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE VEHICLE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR RESERVATION AS DESCRIBED IN SECTION 5 ABOVE. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THIS IS NOT A SALE, AN OFFER TO SELL OR A PURCHASE AGREEMENT TO BUY A VEHICLE, AND THAT YOUR ABILITY TO BUY A VEHICLE IS SUBJECT TO AVAILABILITY.
- Changes to the terms of this Agreement Infinite Machine reserves the right to change any of the terms of this Agreement for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 5 above.
- Miscellaneous Provisions This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of New York. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in New York County, New York, and the parties irrevocably consent to the personal jurisdiction and venue therein. You may not assign this Agreement or any of the rights granted to you hereunder.
FOR ANY QUESTIONS CONTACT: legal@infinitemachine.com