Purchase Terms and Conditions

Last Updated: August 3rd, 2022

These Terms and Conditions of Purchase (“Terms of Purchase”) constitute a binding, together with the Terms of Service (available at https://boundlessrobotics.com/pages/website-app-terms-and-conditions), Privacy Policy (available at https://boundlessrobotics.com/pages/privacy-policy), and Return Policy (available at https://boundlessrobotics.com/pages/return-policy) constitute a legal agreement between you and Boundless Robotics, Inc. (“Boundless Robotics,” “we,” “our,” or “us”) governing your order and purchase of the goods and/or services of Boundless Robotics purchased by you (“Goods”) from https://boundlessrobotics.com/ (the “Site”). These Terms of Purchase are governed by and incorporated into the Boundless Robotics Terms and Conditions located at https://boundlessrobotics.com/pages/website-app-terms-and-conditions (“Terms of Service”). To the extent there is a conflict between these Terms of Purchase and the Terms of Service, these Terms of Purchase will govern with respect to the purchase of Boundless Robotics products, and the Terms of Service will control with respect to all other matters.

YOUR PURCHASE OF GOODS FROM THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF PURCHASE, THE TERMS OF SERVICE, AND ANY ADDITIONAL TERMS WE PROVIDE, INCLUDING BUT NOT LIMITED TO THE TERMS OF ANY THE LIMITED WARRANTY INCLUDED IN-BOX WITH ANY GOODS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS OF PURCHASE, YOU SHOULD NOT PURCHASE THE GOODS.

We reserve the right to change these Terms of Purchase at any time, so please review these Terms of Purchase each time prior to making a purchase from the Site. Every time you order Goods from the Site, the Terms of Purchase in force at that time will apply between you and Boundless Robotics. The Site is for retail sales to private consumers only.

I. Payment.

The fees for the Goods are posted on the Site. Fees are subject to change without notice. You agree to pay Boundless Robotics in advance the applicable fees for the Goods provided by Boundless Robotics under these Terms of Purchase. Boundless Robotics will bill your credit card or other agreed upon payment method for all fees. You will provide Boundless Robotics with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Boundless Robotics reserves the right to cancel your order for Goods in addition to seeking any other legal remedies. Boundless Robotics is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Boundless Robotics. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Site. Boundless Robotics’ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Boundless Robotics’ income.

By providing a credit card or other payment method accepted by Boundless Robotics, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order.

II. Orders.

All orders on the Site for Goods are subject to Boundless Robotics’ acceptance. If Boundless Robotics rejects your order, Boundless Robotics will, as your sole and exclusive remedy and Boundless Robotics’ sole and exclusive liability, refund the amount you paid for the Goods.

III. Reservations.

Goods available for reservation and pre-order, if applicable, are not offers for sale by Boundless Robotics. Your placement of a reservation and pre-order does not create a contract for sale. For each reservation and pre-order Goods, we will provide our estimated shipping date.

By placing a reservation and pre-order for Goods that is not yet available for sale, you make an offer to Boundless Robotics to purchase the Goods subject to these Terms of Purchase. Boundless Robotics may require an advance deposit to be made at the time you place the reservation and pre-order (“Deposit”). You may cancel your offer to purchase Goods at any time prior to shipment by emailing us as support@annaboto.com and you will be refunded any amounts paid for the Goods. Later, when the Goods are offered for sale, Boundless Robotics may accept your offer to purchase Goods subject to these Terms of Purchase. At that time, Boundless Robotics will bill you for any additional fees applicable to such purchase.

Boundless Robotics reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. In the event that Boundless Robotics cancels an order, it will refund to you any Deposit provided in connection with such order. In the event that Boundless Robotics accepts your offer but you fail to provide information necessary for the shipment of the Goods, Boundless Robotics will use reasonable efforts to contact you. In the event you fail to provide such information within ninety (90) days following Boundless Robotics’ commencement of such efforts, your Deposit will be deemed forfeited.

If you have any questions, comments, or concerns regarding Boundless Robotics’ pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact Boundless Robotics at support@annaboto.com.

IV. Availability and Pricing.

All Goods offered on the Site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Goods without prior notice. Prices for the Goods are subject to change at any time, but changes will not affect any order for Goods you have already placed.

V. Sales Tax.

Boundless Robotics calculates and charges sales tax in accordance with applicable laws. Any applicable sales tax or similar charges will be added to the prices listed for the Goods.

VI. Resale and Title Transfer.

Purchases made on the Site are intended for end users only, and are not authorized for resale. Title for Goods purchased from the Site passes to the purchaser at the time of delivery by Boundless Robotics to the freight carrier, but Boundless Robotics and/or the freight carrier will be responsible for any loss or damage that occurs to the Goods while in transit to you.

VII. Shipping.

Prices for the Goods do not include shipping costs. Our delivery charges and methods are as described on the Site from time to time.

For reservations and pre-orders, you understand that the Goods are not ready for delivery. The estimated shipping date for such Goods will be as described on the Site but may be substantially later. Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you.

VIII. Warranties and Disclaimers.

We may provide a Limited Warranty in connection with the Goods. The Limited Warranty, if applicable, will be described on the Site or provided with the Goods.

As far as permitted by applicable law and except as provided herein, the Site, and all content available on the Site, is provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All Goods purchased through the Site are provided on an "as-is" basis unless expressly stated otherwise in writing.

You use any Goods at your own discretion and risk. You will be solely responsible for (and Boundless Robotics disclaims) any and all loss, liability or damages resulting from your use of any Goods. Boundless Robotics does not guarantee or promise any specific results in connection with your use of the Goods.

IX. Limitation of Liability and Indemnity.

Nothing in these Terms of Purchase shall attempt to exclude or limit liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) BOUNDLESS ROBOTICS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF BOUNDLESS ROBOTICS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) BOUNDLESS ROBOTICS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE GOODS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO BOUNDLESS ROBOTICS FOR THE GOODS AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

You agree to indemnify, and hold Boundless Robotics, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Goods; (b) your violation of these Terms of Purchase or the Terms of Service or any other applicable terms and conditions of Boundless Robotics; or (c) your violation of any local, state, or federal law, rule or regulation.

X. Notifications.

Boundless Robotics may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Boundless Robotics account, hard copy, or posting of such notice on the Boundless Robotics website. Boundless Robotics is not responsible for any automatic filtering you or your network provider may apply to email notifications.

Boundless Robotics is located at 280 Summer Street, Boston, Massachusetts 02210. Any questions, comments or suggestions, including any report of violation of these Terms of Purchase should be provided to as follows:

By E-mail: support@annaboto.com

By U.S. Mail: Boundless Robotics, Inc., 280 Summer Street, Boston, Massachusetts 02210

XI. Force Majeure.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

XII. Protection of Confidentiality and Intellectual Property Rights.

Notwithstanding the foregoing, Boundless Robotics may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

XIII. Severability.

If any part of these Terms of Purchase becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms of Purchase will remain in full force and effect.

XIV. Survivability.

The obligations in Sections 8 through 17 will survive any expiration or termination of these Terms of Purchase.

XV. Waiver.

Failure or delay by us to enforce these Terms of Purchase will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

XVI. Applicable Law and Dispute Resolution.

Binding Arbitration. Any dispute or claim arising in any way from your use of the Product, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Product in violation of these Terms of Purchase, will be resolved by binding arbitration, rather than in court.

No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Purchase as a court would.

Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.

Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address and as otherwise required pursuant to applicable law: Boundless Robotics, Inc., 280 Summer Street, Boston, Massachusetts 02210. Boundless Robotics will send any notice of dispute to you at the contact information we have for you.

Format of Proceedings. The arbitration shall be conducted in English and, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Boundless Robotics will pay all other AAA and arbitrator’s fees and expenses.

Individual Basis. To the fullest extent permitted by applicable law, you and Boundless Robotics each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Boundless Robotics each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

Limitation Period. Except for disputes relating to the infringement of our intellectual property rights or the access or use of the Product in violation of these Terms of Purchase, in no event shall any claim, action or proceeding by you or Boundless Robotics be instituted more than one (1) year after the cause of action arose.

Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, or if a dispute arising that does not qualify for arbitration hereunder, you and Boundless Robotics each agree to the exclusive jurisdiction of a State court of competent jurisdiction located in Boston, Massachusetts, and you and Boundless Robotics each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

Opting Out. If you do not want to arbitrate disputes with Boundless Robotics and you are an individual, you may opt out of this arbitration agreement by sending an email to support@annaboto.com within thirty (30) days of the first of the date you purchase Goods.

XVII. Miscellaneous.

These Terms of Purchase may not be modified by you except by a writing executed by the duly authorized representatives of Boundless Robotics. Except as provided herein, no act, document, usage or custom will be deemed to modify or amend these Terms of Purchase. These Terms of Purchase will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Purchase and the licenses granted hereunder may be assigned by Boundless Robotics but may not be assigned by you without the prior express written consent of Boundless Robotics. Any attempt by you to assign these Terms of Purchase without the written consent of Boundless Robotics shall be null and void. Nothing contained in these Terms of Purchase will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. The headings and captions contained herein will not be considered to be part of the Terms of Purchase but are for convenience only.