Pre-Order Terms and Conditions

These Pre-Order Terms and Conditions constitute a legally binding agreement between you and VeoRide, Inc., a Delaware corporation d/b/a Veo (hereinafter “Veo”), and apply to your pre-order and/or purchase of any electric scooter (“E-Scooter” or "Cosmo S") or customized electric scooter (the “Cosmo-X”) (collectively, “Product” or “Products”) from Veo.  By clicking “I agree” below, you confirm that you agree to these Terms and Conditions, and further represent and warrant that you are at least 16 years of age or the age of legal majority in your jurisdiction (the “Minimum Age”), whichever is higher. If you are under the Minimum Age, you are not eligible to submit a pre-order to or purchase an electric scooter from Veo.

While these Terms and Conditions apply to your pre-order and/or purchase of Products (hereinafter “order”), your other interactions with Veo are subject to other agreements, including but not limited to Veo’s Privacy Policy (www.shop.veoride.com/policies/privacy-policy), User Agreement (www.veoride.com/user-agreement), and Payment Plan (www.shop.veoride.com/policies/subscription-policy). Each of these other agreements is available on Veo’s website.

1. Online Pre-Orders and Payments. Veo may accept or reject any order in whole or in part in its sole discretion. Veo will use its best efforts to fill all received orders but will not be liable to you for any delay or inability to fill an order for any reason. In the event of a Product shortage, Veo shall have the right to allocate or apportion available Product among its customers as Veo, in the exercise of its sole discretion, deems appropriate. Your order of any Product is an offer to buy to Veo, and Veo will send you an email confirming receipt of your order which shall be accepted upon shipment of Product. As such, Veo reserves the right at any time to decline or cancel your order, or limit order quantities for any reason. If you wish to cancel your order, the provisions of Section 8 below will apply.
   1. Veo only accepts payment through approved, third-party payment service providers. By using Veo’s third-party service providers you agree to be bound by the third-party service provider’s terms and conditions. Payment may be required upon order submission to Veo and regardless of when your purchase is expected to ship. If any credit card chargeback is issued on the order, regardless of the amount, the Limited Warranty as specified below for that order will be paused until the chargeback has been resolved.
   2. If one or more items in your order has an extended ship date, your loan payment(s), including interest, may be due before the merchant ships all of the items. Please note that you may not receive a rebate of any interest that may have already accrued on an amount that later gets refunded.
   3. Veo will collect all applicable taxes (include sales tax) where such taxes are required to be collected.
2. Shipment and Risk of Loss. Veo may periodically send you updates regarding the status of your order and anticipated shipping date of the ordered Products. The estimated shipping date for the E-Scooter will be approximately 6 weeks following the date of your order. The estimated shipping date for the Cosmo-X will be approximately 3 months following the date of your order. All anticipated shipping dates are approximate and Veo makes no guarantees with respect to when your order will be delivered to you. All orders require a signature upon delivery. If you need to request an address change for any Product delivery, please contact shop@veoride.com at your earliest opportunity.
   1. Ownership of the Products covered by these Terms and Conditions shall pass to you upon delivery to common, contract, or private shipping carrier, which Veo may select at its sole discretion, at the location of Veo’s shipping point for shipment to you. As a result, all risk of loss for such Products will transfer to you at the time Veo delivers such Products to the applicable shipping carrier, including but not limited to loss resulting from destruction, damage or delay in transit. Notwithstanding the foregoing, if Veo for any reason has not received payment in full for the Products prior to their delivery, then the Products will remain Veo’s property until such time as payment is received in full.
   2. Upon your receipt of the Products, immediately inspect the Products for damage and/or missing components. Veo will not accept shipping claims submitted more than 10 days after Product is delivered to you. Please note any damage to your Products on the Bill of Lading before you and the driver sign-off on the shipment and take pictures of any damage that is found. You must maintain all packaging and paperwork until the shipping claim is resolved. To submit a shipping claim, please contact our Customer Support department at shop@veoride.com for additional instructions.
3. Limited Warranty. Veo warrants to the original retail purchaser of the electric scooter that (i) the frame, fork and electronic parts (controller, throttle, IoT, motor, battery charger, front light, rear light) of the e-scooter will be free from defects in material and workmanship under normal use and service for one (1) year from the date of delivery, and (ii) the battery will be free from defects in material and workmanship under normal use and service for one (1) year from the date of delivery or 400 life cycles, whichever comes first (the “Limited Warranty”). The Limited Warranty exists for above mentioned defects that were already present at the time of delivery of the e-scooter and covers the battery, motor, controller, IoT. Like any rechargeable battery, your Veo rechargeable battery pack will experience a decrease in capacity over time as it is subjected to charge and discharge cycles. Veo warranties that your battery pack will maintain 70% or higher capacity for at least 400 charge cycles or one year, whichever comes first. The battery warranty does not include damage from power surges, use of an improper charger, water damage, improper maintenance, or such other misuse or normal wear. This warranty is only valid for the first buyer. Any other remedy, such as compensation for damages of any kind or loss of use, is excluded. The warranty period cannot be extended by granting an additional warranty.

   Repairs or replacements during this Limited Warranty period will not extend or restart the Limited Warranty period. This Limited Warranty is made to the original owner only and is nontransferable. This Limited Warranty does not apply and is void in the event of rental or commercial use of the Product. The Limited Warranty is void if the Product is ever used in a manner other than for recreation or transportation. This Limited Warranty only covers Products sold in the contiguous United States (lower 48 states in North America) and Veo is not obligated to provide any warranty coverage under this Limited Warranty for Products that are no longer in the Country regardless of whether they are still owned by the original purchaser.

   If the Product is defective in materials or workmanship and a claim is filed during the warranty period, Veo will, in its sole discretion, have the option to repair the Product, replace the Product with a comparable product (which may be new or refurbished), or refund you for the purchase price of the Product less a reasonable allowance for usage upon its return. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Veo regarding the Products or this Limited Warranty.

   Exclusions Under the Limited Warranty

   Veo stands behind its Products with its Limited Warranty. However, the Limited Warranty does not cover:

   1. Normal wear and tear or maintenance, including wearable components such as the tires, tubes, rims, spokes, brake pads, brake rotors, cables, wheels, grips, suspension, rubber hand grips, sprockets, pinions, toothed belt discs, and seat.

      The brake pads and rotors are subject to wear owing to their function. Check the condition of the pads regularly and, if necessary, have them replaced by a specialist dealer. Brake rotors also wear out. Regularly have the thickness of the brake rotors checked as part of inspection and replace the components, if necessary. Replacing these parts due to wear, is not subject to the statutory warranty. Environmental factors cause wear on these moving parts. These areas must be regularly cleaned and maintained. Depending on the operating conditions, it cannot be ruled out that parts will have to be replaced due to wear (e.g. if bearing play starts to occur). You must contact your dealer (if applicable) or Veo before arranging repairs in order to ensure the quickest and most cost-effective way to deal with your issue. Shipping and disassembly instructions from either the dealer (if applicable) or Veo must be followed. Otherwise warranty service will not be provided. Failure to comply with the assembly specifications and inspection intervals can void the warranty and liability for defects. Parts which must be replaced due to wear are not covered under this Limited Warranty.

   2. Damage from power surges, water damage, chemicals, fire, or extreme temperatures.
   3. Damage caused by failure to follow the instructions in the User Manual and any amendments thereto.
   4. If the model, serial number, or product number has been changed, deleted, blurred, or removed or if the seal and/or serial number decal on the battery housing has been broken or obviously manipulated.
   5. Misuse, abuse, neglect, or modification of the Product.
   6. Acts of God, natural disasters, external forces such as falling rocks, collisions, or accidents.
   7. Damage caused by removal of parts, improper service, modification, or use of parts or accessories not manufactured or approved by Veo and which were not performed by Veo or an approved service partner. This includes any modification or tampering with the firmware.
   8. Damages resulting from improper charging of the battery pack or use of any charger not supplied by Veo.
   9. Use of any battery other than batteries designed and approved for use with the Product.
   10. Any claim submitted more than 180 days after the original owner’s receipt of the product.
   11. Normal decrease in battery capacity as it is subjected to charge and discharge cycles.
   12. Veo is not liable for any incidental or consequential loss or damage due directly or indirectly to use of the Product including, but not limited to, towing, transport or delivery and pickup costs of the Product, loss of Product use, loss of profits, inconvenience, alternate transportation charges, or any other damages. Veo’s maximum liability under this Limited Warranty is limited to the purchase price of the Product.

   Process for Limited Warranty Claims

   To submit a claim under the Limited Warranty, you must contact Veo before expiration of the Limited Warranty. Contact Veo at shop@veoride.com and the Veo Customer Support Agent will initially work with you on the problem to identify potential simple fixes. You must provide Veo with valid proof of purchase consisting of the original purchase document or receipt indicating the date of purchase, the serial number, the dealer’s name (if applicable) and the designation of the model. Veo reserves the right to reject the coverage under this Limited Warranty if the accompanying documentation of the Veo components is not accurate or complete. Veo may require photos and/or videos to be submitted to a Veo Customer Support Agent before coverage under this Limited Warranty is determined. Veo reserves the right to inspect the Product before a final determination is made regarding coverage under this Limited Warranty. Any component or Product to be inspected, repaired, or replaced under this Limited Warranty must be transported to the designated Veo facility at your own expense and risk. Veo will not reimburse you for unauthorized repair work. If upon inspection your Limited Warranty is deemed to be void or your claim is not covered, you will be responsible for the cost of the repair service labor, parts, and return shipping.

   EXCLUSIONS OF LIABILITY AND WARRANTY DISCLAIMERS

   EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, VEO MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED. THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS LIMITED WARRANTY. TO THE EXTENT THEY CANNOT BE DISCLAIMED, THE IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIFE OF THE EXPRESS WARRANTY. IN NO EVENT SHALL VEO BE LIABLE FOR DAMAGES ABOVE THE PURCHASE PRICE OF THE PRODUCT. VEO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT SOLD BY VEO OR OTHERWISE. VEO IS NOT RESPONSIBLE FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE OR ECONOMIC LOSSES BASED ON CONTRACT, NEGLIGENCE, OR PRODUCT LIABILITY IN ALL STATES THAT ALLOW EXCLUSION OF LIMITATION OF DAMAGES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND THOSE RIGHTS MAY VARY FROM PLACE TO PLACE. THIS LIMITED WARRANTY DOES NOT

   Upon purchase of the Product, you assume all liability, including for all personal injury and property damage resulting from the handling, possession or use of the Product.

   Dispute Resolution

   You agree that all disputes with Veo arising in any way from the Limited Warranty or arising out of or connected to the sale, value, condition, use, or performance of the Product, whether based in contract, tort, statutory, fraud, misrepresentation, or any other legal theory, must be resolved exclusively through final and binding arbitration and not by a court or a jury. YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES WITH VEO. BY AGREEING TO ARBITRATION, YOU ARE WAIVING IMPORTANT RIGHTS, INCLUDING BUT NOT LIMITED TO, THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING AN ACTION IN A COURT OF LAW OR EQUITY.

   This transaction involves interstate commerce and thus the arbitration provision is entered into pursuant to the Federal Arbitration Act. The arbitration will take place in Los Angeles, California or a mutually agreed upon location. Arbitration shall be administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Limited Warranty, including, but not limited to any claim that all or any part of this Limited Warranty is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Veo will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

   Any such dispute will not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim, and specifically, without limitation of the foregoing, must not under any circumstances proceed as part of a class action or collective action. It is the intent of the parties that any and all disputes will be resolved on an individual basis only, and that the arbitrator will not have the power to award class or collective relief.

4. Product Performance. In purchasing the Products, you acknowledge and understand that Veo does not make any guarantee with respect to the Products’ top speed or expected range on a single battery charge. These numbers are estimates only, and are not guarantees. There are numerous factors that contribute to the actual, real-world speeds and range of electric vehicles, including the Products, including but not limited to battery age, temperature, riding conditions and terrain, and payload. As a result, it is possible to get less than the expected minimum range or greater than the expected range.

   In addition, any alterations, modifications, and other changes made by you to the Products, which Veo explicitly warns against, not only will void the Limited Warranty but may adversely affect the safety, operation, and mechanics of the Products and shall be at your sole risk of harm. You agree to indemnify and hold harmless Veo for any harm that results from unapproved alterations to or modifications of the Products.

5. Limitation of Liability. IT IS EXPRESSLY UNDERSTOOD THAT IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL VEO EVER BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR IN ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCTS, WHETHER LIABILITY BE PREDICATED IN TORT, CONTRACT, STRICT LIABILITY THEORY, OR ANY OTHER THEORY. VEO IS NOT LIABLE FOR ANY OTHER LOSSES. However, these terms do not serve to exclude or limit Veo’s liability (if any) for any matter which it would be illegal for Veo to exclude or attempt to exclude from Velo’s liability. You may have other rights granted by law and these terms do not affect such rights.
6. Acknowledgement of Risk, Safety Requirements and Indemnification. In submitting your order, you acknowledge that there are inherent anticipated and unanticipated risks and dangers associated with the use of the Products. You further agree and understand that such risks include, but are not limited to, severe injury and even death, and damage to property. You agree to release, waive, defend, indemnify, and hold Veo and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will indemnify them from any claim or demand, including attorneys’ fees and costs, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms and Conditions; or (c) your violation of another party’s rights or applicable law with respect to use of the Products or these Terms and Conditions. Veo may assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you must fully cooperate with Veo in defending against the claims asserted.
7. Safe Operation. In purchasing the Products, you agree to fully read the User Manual provided with the Products and all on-product labels on each Product. You further agree that you have read and understand the following:
   1. You will ensure that all riders of the Products have read and understand the User Manual, and that all instructions and warnings for safe operation of the Products are followed at all times;
   2. You will ensure that the Products are only operated by persons who are old enough to safely operate the Products as set forth in each Products’ User Manual. You further agree to comply with your local laws and regulations regarding operator age and other qualifications;
   3. You will ensure all riders of the Products wear a helmet. Riding without a helmet puts the rider at a higher risk of serious injury or death. Always wear a properly fitted helmet;
   4. You will ensure that no riders of the Products are under the influence of alcohol or drugs. Riding while impaired is highly dangerous;
   5. You will properly maintain and service your Products. You must check your Products before each ride and as set forth by Veo in the User Manual. Failure to properly maintain, service, and inspect the Products may result in serious injury and death. It may also cause damage to the Products and/or other property damage;
   6. You will follow all instructions provided with your Products to ensure proper assembly (if applicable). Proper assembly is important to your Products operating correctly and safely; and
   7. You will never ride or use a Product that has a damaged battery or charger. This can cause additional damage to the Products and/or create a fire hazard. Stop using any damaged battery and/or charge immediately. Please refer to the User Manual for more information; and

   You agree to RELEASE AND HOLD HARMLESS VEO from all liabilities, causes or actions, claims, and demands that arise in any way from any injury, death, loss, or harm that you sustain or that any other person or any property sustained as a result of your use of the Products, including but not limited to your misuse of the Products, negligence, and defects in the design, manufacture, maintenance, assembly or inspection of the Products unless such loss is the sole result of the actions of Veo.

8. Cancellation & Return Policy Your order and purchase of Products shall be subject to the following cancellation and return policy terms:
   1. Electric Scooter Cosmo-S pre-order: You will be charged the fee indicated (the “Preorder Fee”) when you place your Preorder for Cosmo-S. Placing a Preorder constitutes your express agreement to be charged the Preorder Fee using your provided payment method. Your payment will be held by Veo and released for application towards the final sales price of Cosmo-S. Your payment is subject to Veo’s payment plan terms at www.shop.veoride.com/policies/subscription-policy on our website. You may cancel your Cosmo-S Preorder and receive a full refund of your Preorder Fee at any time before the full payment is collected by Veo by sending an email to shop@veoride.com from the email address you used to make the preorder. You will receive your refund to your original payment methods within approximately 5-10 business days. Veo may cancel your Preorder at any time and will issue a full refund of your Preorder Fee to the payment methods on file.

   2. Order Cancellations: You may cancel your order within 24 hours of submitting full payment of electric scooter Cosmo-S and the first payment of customized scooter Cosmo-X to Veo.

      After 24 hours, you may cancel your order of non customized items or E-Scooters at any time prior to shipment of the E-Scooters subject to a service fee of $150.00 that will be retained by Veo for credit card processing fees and other service fees incurred for canceling your order. After your E-Scooter(s) has shipped, you may no longer cancel your order. For customized Cosmo-X orders, you will not be able to cancel your order after 24 hours of having submitted the order to Veo as the product is custom-built for you.

      All order cancellation requests should be submitted to shop@veoride.com.

   3. Return of Products: Veo stands by the quality of its products and DOES NOT accept returns on used, open, or customized (made-to-order) products, including but not limited to the Cosmo-X. All other Products must be in the following condition in order to be considered for return with the return request being submitted within 15 days of delivery to shop@veoride.com along with photographs of the unopened Product:
      1. The package must be unopened and the Product never used or ridden in any manner; and
      2. You must be able to return the Product in its original packaging with all necessary components in the original box, including but not limited to all manuals, chargers, and other components originally supplied with the Products to you by Veo.

      You will be solely responsible for all shipping costs associated with returning the Products to Veo, and Veo may charge you a 15% restocking fee on any returned Products. Please note that shipping can be expensive given the nature and size of the Products. Veo will use best efforts to process your return within 5 business days, which is subject to inspecting the Products and confirming the Products qualify for return under this policy. If the Products are not in acceptable condition as outlined above, Veo will not grant a refund and will return the Products back to you.

9. Notices and Updates. Veo will provide updates and notices to you, including with respect to your order, both through its website and by sending it to any email address and/or mailing address that you have provided to Veo. You acknowledge that if you do not provide Veo with current and accurate contact information, Veo may not be able to contact you. You shall send Veo any notice(s) by mailing it to the following address: 1334 3rd Street Promenade, suite 300, Santa Monica, CA 90401.
10. Entire Agreement. It is expressly agreed and understood that these Terms and Conditions embody the entire agreement between you and Veo, and that these Terms and Conditions supersede all prior understandings or agreements (whether verbal or written) between the parties, and that no other understanding, representation, condition, agreement or guarantee shall apply to your order or purchase of Products unless in writing, and agreed to between you and Veo, and expressly made a part hereof.