1. SCOPE AND APPLICATION

These Terms of Sale (“TOS”) apply to all offers, sales, and purchases of the "Omni" omni-directional treadmill and related products and accessories (the “Product” or “Products”) sold through virtuix.com or affiliated websites (the “Site”). We reserve the right to amend or update these TOS at any time by posting such amended or updated TOS on the Site. These TOS supplement and form a part of the Virtuix Terms of Use (the “Terms”). Capitalized terms not defined in these TOS have the meaning given to them in the Terms.

References to “Virtuix”, “us”, “we” or “our” shall be construed to mean Virtuix Inc. and its affiliates; and references to “you” or “your” shall be construed to mean the purchaser of the Products through the Site.

This is a legal agreement. By placing an order with Virtuix, you are accepting and agreeing to these Terms on behalf of yourself and any entity you represent in connection with the purchase. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself and any such entity you represent. You represent that you are of sufficient legal age in your jurisdiction to purchase and use the Products and to enter into this agreement. If you do not agree with any of the provisions of these Terms, you must not purchase the Products.

2. PERSONAL, NON-COMMERCIAL USE ONLY AND OTHER PROHIBITIONS.

All purchases through the Site are for end-users only and for personal and non-commercial use of the Products. The Products are intended solely for users who are aged 13 years or older. For any non-personal or commercial use of any Products, you must execute a separate commercial use agreement with Virtuix. Additionally, resale of any Products is prohibited, and any unauthorized resale does not convey any rights under these Terms (including but not limited to any warranty provided with the Products) to any unauthorized or additional purchaser.

The Products are not offered or intended for sale outside of the United States. You agree that you will take acceptance of and use the Products in the United States. To the extent permitted by applicable law, we will accept no responsibility or liability associated with any loss, damage, or other injury caused by use of your Product outside of the United States.

In furtherance of our policy of not collecting personal information from persons under the age of 13, you are not allowed to give us the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason. In order to process your purchase, we must collect and use your personal data as described in our Privacy Policy, which is available here.

3. PURCHASES ARE FINAL.

All purchases of the Product through the Site are final, non-cancelable and non-refundable except as specified in the applicable cancellation policy, refund policy, and exchange policy set forth below.

4. OFFER AND ACCEPTANCE.

(a) Any prices, quotations and descriptions made or referred to on this Site with respect to the Products are subject to the Product’s availability and do not constitute an offer. Also, any offer made may be withdrawn or revised at any time prior to Virtuix’s express acceptance of your order (as described below).

(b) While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock, immediately available, or available for distribution or delivery to your proposed delivery location when you submit your order. We may reject or deny your order without liability if we are unable to process or fulfill it for any reason. If this is the case, we will refund any prior payment that you have made for that Product.

(c) An order submitted by you constitutes an offer by you to Virtuix to purchase the Product on these Terms and is subject to Virtuix’s subsequent acceptance.

(d) Prior to acceptance by Virtuix, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement you receive does not constitute a formal acceptance of your order.

(e) Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other payment in full for both the Product and shipment of the Product (“Acceptance“). Your order is not complete until you, as the purchaser, receive an express acceptance, and full payment for the Product (including the shipment cost) has been received by us.

5. CANCELLATION.

After Acceptance by Virtuix, you may not modify or cancel your order without our prior written consent; however we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a refund. If you placed a pre-order for a Product, you may cancel your pre-order at any time prior to Acceptance of such order, and in such event, we will issue you a refund for any amount you have paid when placing such pre-order. (the foregoing collectively constitutes our "Cancellation Policy").

6. PRODUCT PRICE AND PAYMENT TERMS.

(a) Prices payable for the Product are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed and confirmed in writing by Virtuix. Prices indicated are in U.S. dollars. Prices may be indicated on this Site or in an order acknowledgement but the authoritative price in the event of any discrepancy is the price that is notified to you in our Acceptance sent to you.

(b) We also have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including, without limitation, costs of any materials, shipping, labor or the increase or imposition of any tax, duty or other levy and any variation in foreign currency exchange rates. We also reserve the right to notify you of any errors in pricing prior to Product shipment. In the event we do so, we will continue with fulfillment of the order upon receipt of your acknowledgment that the Product will be provided in accordance with the corrected price.

(c) Unless otherwise specified, the prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) the sales tax and any other tax or duty which must be added to the price payable where applicable. You agree to pay for taxes and shipping of the Product prior to shipment. By your purchase, you agree to indemnify and hold Virtuix harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such charges or taxes.

(d) Payment for both the Product and shipment of the Product shall be made prior to shipment. Virtuix reserves the right to verify and confirm payment prior to or following Acceptance of any and all purchases under these Terms.

(e) When you purchase Products, you (a) agree to pay the price for such Products as set forth on the Site, all applicable shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. We will refund you in the event we cancel your order after charging your credit card or other payment method. The Site may allow you to purchase Products and designate them to be delivered or provided at a future date. In such instances, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery or provision of the applicable Product. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

(f) Digital gift cards containing stored money value may be offered by us for the purchase of Products (“Gift Cards”). You acknowledge that Virtuix does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By purchasing a Gift Card, you represent and warrant that your possession and use of the Gift Card, and the possession and use of the Gift Card by any person you permit to possess or use the Gift Card, will in each case comply with these Terms and all applicable laws, rules and regulations, and you will not use, or permit any other person to use, any Gift Card in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. Gift Cards cannot be used to purchase other gift cards, resold, used for the purchase of Products outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law).

(g) We may from time to time offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on certain of the Products, subject to any additional terms that Virtuix establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made publicly available by you (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Virtuix; (d) may be disabled or have additional conditions applied to them by Virtuix at any time for any reason without liability to Virtuix; (e) may only be used pursuant to the specific terms that Virtuix establishes for such Promotional Code; (f) are not valid for cash or other credits or points.

(h) When you purchase an Omni Online Membership (“Membership”) through the Site, you agree to the Omni Online Membership Terms, which supplement and form a part of these Terms. When you purchase a prepaid period of one or more months of Membership, you will receive a redemption code via email to activate your prepaid Membership when you’re ready to do so. By purchasing a Product, you may also receive a free trial of Omni Online (“Trial”). The terms and conditions of your Trial are described in the Membership Terms.

7. TERMS OF DELIVERY.

(a) Delivery timeframes specified on this Site or in any order acknowledgement, in an Acceptance or elsewhere, are estimates only. While we endeavor to meet delivery timeframes, we do not undertake to dispatch the Product by a particular date or dates and shall not be liable to you in respect of any delays or failure to do so.

(b) Delivery shall be to a valid address submitted by you and subject to Acceptance (“Delivery Address“). You must verify the Delivery Address on any acknowledgement or Acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.

(c) Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Product in whole or in part by reason of short delivery. For purposes of these Terms, a short delivery is a delivery of less than the total number of Products ordered.

(d) Except as otherwise expressly provided in these Terms, risk of loss of, and/or damage to the Product, passes to you when placed in your possession.

(e) If you purchase the “white glove” delivery and assembly service for your Product, you agree to allow and provide Virtuix or its designees access to your designated location of installation of the Product for purposes of installing, maintaining, repairing, or uninstalling and removing the Product as necessary if and to the extent that Virtuix agrees to undertake such activities. Virtuix is not responsible for choice of location of installation and is not responsible for damage or injury resulting from installation at an improper location, such as one without adequate structural support or adequate distance to walls or other obstacles. You are solely responsible for determining whether the Product is appropriate for your home, and you accept that inability to install the Product or improper Product function as the result of your choice of location of installation are not valid claims under the Virtuix Limited Warranty and do not establish a basis for receiving a refund after the 30-day Refund Policy described below. Although the Virtuix-approved installers shall use commercially reasonable efforts to limit damage during any installation, maintenance, repair, or removal, you acknowledge and agree that there may be damage to walls or floors and that you are fully responsible for any such damage. Virtuix is not responsible for any such damage, nor is Virtuix responsible for any damage or injury caused by unauthorized or self-installation, maintenance, repair, or removal.

8. REJECTION, DAMAGE OR LOSS IN TRANSIT; EXCHANGE POLICY; WARRANTY POLICY.

(a) Statement of Exchange Policy. Except as set forth below and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:

• we shall not be liable and you shall not be entitled to reject the Product, except for damage to or loss of Product or any part thereof in transit (where the Product is carried by our own transport or by a carrier on our behalf) where we are notified of such damage or loss within five (5) business days of the receipt of the Product (the foregoing constitutes our "Exchange Policy") in accordance with the Exchange Policy Procedures set forth below;
• we shall not be liable for any damage or losses arising from: (i) defective installation or use of the Product; (ii) the use of the Product in connection with other defective, unsuitable or defectively installed equipment; or (iii) your negligence, improper use or use in any manner inconsistent with our or any other manufacturer’s specifications or instructions;
• where these is a shortage or failure to deliver, or any damage to the Product, we may, in our sole discretion, at our option: (i) in the case of Product shortage or non-delivery, make good on any such shortage or non-delivery; and/or (ii) in the case of damage to the Product and in accordance with the Exchange Policy, replace, exchange or repair the Product upon your return of the Product in accordance with the Exchange Policy procedures set forth below. In the event of (ii), Virtuix, in its sole discretion, also has the option to refund your money as your only remedy.

(b) Exchange Policy Procedures. If the event of damage to the Product meeting the terms and conditions of the Exchange Policy, you should contact support and arrange for pick-up and return of the damaged Product (which must include all original packaging, hardware, accessories materials, and documentation). Upon receipt by Virtuix of the returned Product (including all original packaging, hardware, accessories materials, and documentation) and verification of the damage and subject to the alternative options set forth above, Virtuix may ship out a replacement Product as soon as reasonably possible. Alternatively, if appropriate, Virtuix may provide parts to you, or repair options through an authorized third party, or refund your money as your only remedy.

(c) Exchange Policy Limitations. Your rights of repair or replacement of the Product or any part or parts thereof as part of the Exchange Policy will in all cases be negated or rendered void where: (a) the Product has been sold, purchased, used, or licensed in any manner prohibited by this Agreement, including commercial use of the Product; (b) the Product has been modified or altered by persons other than Virtuix or any authorized dealer; (c) the Product has not been returned together with full details in writing of the alleged damage in accordance with the Exchange Policy; (d) the damage to the Product is due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any instructions or other directions issued or made available by us in connection with the delivered Product, and/or (e) the Product has been moved out of the United States.

(d) Limited Warranty Policy. In addition to the Exchange Policy, we extend a Limited Warranty on all Products commencing from your date of receipt of the Product for the period specified for each Product component in the Limited Warranty Statement and subject to you fulfilling all obligations of these Terms, including but not limited to the indemnification obligations set forth in the Terms. The Limited Warranty Statement is incorporated into these Terms and specifically referenced as a condition of these Terms. Our Limited Warranty is limited solely to those Products utilized exclusively for personal and non-commercial use in the country of original delivery of the Products and the Limited Warranty only extends to the original purchaser. Any commercial use of the Product, or use of the Product outside of the country of original delivery, or any use other than the personal and non-commercial use by the original purchaser, shall terminate and extinguish any and all existing warranty rights under these Terms including but not limited to extinguishing the Limited Warranty to the Products, unless you have executed a separate commercial use agreement with Virtuix, in which case the warranty terms as set forth in the commercial use agreement will prevail. All issues related to Virtuix’s Limited Warranty, the obligations regarding service, support, repair, or replacement of the Product or any parts of the Product shall be governed exclusively by the terms of the Limited Warranty Statement, a copy of which can be found here. Other important restrictions and conditions which apply are referenced in the Limited Warranty Statement.

(e) Territorial Limitations. Any repair, replacement, or support of the Products provided under the Limited Warranty shall be restricted to and provided in the country of original delivery of the Products. Any other support or assistance provided outside or after the expiration of any Limited Warranty shall be restricted to and provided within the country of original delivery only. Virtuix does not provide warranty, out-of-warranty, or after-market support of any kind outside the country of original delivery.

9. REFUND POLICY.

If for any reason you are not satisfied with the Product you can return the Product within 30 days of delivery of the Product for a full refund. Proof of purchase must accompany the return. No refunds will be issued 30 days after the date of delivery of the Product.

To initiate a refund and to arrange for a return, contact Virtuix. You will receive a refund of the price and taxes you paid for the Product, including charges paid for delivery of the Product. If you financed your purchase, Virtuix will refund your paid installments less any interest paid. If the Product is returned in damaged condition or with missing parts, you may be charged an additional fee. We will process the refund due to you as soon as possible.

10. THIRD-PARTY PRODUCTS.

We may market and offer for sale Products which are provided by a third-party manufacturer or supplier ("Third-party Products"). Any warranty, damages or indemnity claims against us in relation to such Third-party Products are expressly excluded, except as set forth in our Limited Warranty Statement.

11. TERMS OF SOFTWARE LICENSE.

Where the Product supplied includes or embodies any software (the “Software“), the Software is licensed (and not sold) to you by us or by the relevant licensor/owner subject to the Terms and the relevant end-user license agreement or other license terms included with the Product and/or on the Site (the “License Terms“). Except to the extent expressly provided by us in writing or under the License Terms, the Software is provided “AS IS” without any warranties, terms or conditions as to quality, fitness for purpose, non-infringement, performance or correspondence with description and we do not offer any warranties or guarantees in relation to the Software installation, configuration or error/defect correction. You are advised to refer to the Terms and the License Terms for further information regarding the license and use of the Software.

You agree not to download and/or install any third-party software and/or applications that are not expressly authorized by Virtuix on any Products. The unauthorized downloading and/or installing of any such third-party software and/or applications is at your own risk and may void any applicable warranty, including the Product’s Limited Warranty, and Virtuix disclaims all responsibility for any damage or injury that may result.

12. OWNERSHIP AND INTELLECTUAL PROPERTY.

The Products are protected by intellectual property, copyright, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products.

Virtuix, Virtuix Omni, Omniverse, Omni Connect, Omni VR, Omni One, Omni Online and the Virtuix and Omni logos ("Virtuix Marks") are trademarks or registered trademarks of Virtuix. The Virtuix Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.

You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other feedback about us and our Products (collectively, "Submissions"). The Submissions do not include any content submitted via the Developer Portal, which is subject to the Content Submission Terms.

Any and all Submissions, and all improvements, updates, modifications, or enhancements, whether made, created or developed by you or Virtuix or otherwise relating to the Products (collectively Revisions), are and will remain the property of Virtuix. You acknowledge and expressly agree that any contribution of Submissions or Revisions does not and will not give or grant you any right, title, or interest in the Products or in any such Submissions or Revisions. All Submissions and Revisions become the sole and exclusive property of Virtuix, and Virtuix may use and disclose Submissions and/or Revisions in any manner and for any purpose whatsoever, without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Virtuix any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in, and to any and all, Submissions and Revisions. At Virtuix’s request, you will execute any document, registration, or filing required to give effect to the foregoing assignment.

13. PRODUCT SPECIFICATIONS.

(a) The Products are to be used solely for personal and non-commercial use and as demonstrated and intended, and in accordance with its authorized or accompanying instruction materials, including its requirements regarding weight and height of the user of the Products. We shall bear no responsibility for any incidents or injuries arising from any unauthorized use of the products.

(b) THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS (THE “INSTRUCTIONS”) THAT YOU MUST READ BEFORE USING THE PRODUCTS. BY USING THE PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THE INSTRUCTIONS, WHICH YOU CAN FIND HERE. IF YOU PERMIT ANY HOUSEHOLD MEMBERS OR GUESTS OR ANYONE ELSE OTHER THAN YOU (“GUEST USERS”) TO USE THE PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU WILL INFORM THEM OF THESE INSTRUCTIONS AND ENFORCE THAT THEY ADHERE TO THEM.

For the avoidance of doubt, you agree that you or any Guest Users will not use the Product if you or they are under the age of 13, pregnant, intoxicated, epileptic, or recovering from major surgery, illness, or a heart attack, and you acknowledge that the Product is intended only for healthy users over the age of 13 who have a height of between 4’4” (132 cm) and 6’4” (192 cm) and weigh not more than 250 lbs (113 kg). You agree that you or any Guest Users will not use the Product if you or they do not meet the height and weight requirements, or if you or they are not healthy enough to engage in moderate to heavy physical exercise. You or they should consult a physician or general practitioner before beginning to use the Product in any way.

You represent, warrant, and agree to never allow other people (particularly children) and pets in the immediate vicinity of the Product while you or any Guest Users are using the Product. You understand that they may be struck with a handheld controller or with the rotating arm of the Omni One treadmill, or they may attempt to climb onto the platform.

Virtuix may from time to time recommend or even require that you replace certain parts of the Product when reaching certain usage milestones. You agree to replace those parts promptly per Virtuix’s instructions, and you acknowledge that not doing so will void any product warranties and may result in an unsafe and malfunctioning Product, or may even cause bodily harm.

(c) All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Product and its features and do not constitute a warranty or representation by us that the Product will conform with the same. You understand and accept that all representations or images of the Products on the Site are of a preliminary nature and these items are intended to serve as representative renderings and are subject to change. The finished delivery product may vary significantly in appearance, dimensions and/or weight.

(d) You are prohibited from rebranding or attempting to pass the product off as originating from any source other than Virtuix.

14. ACKNOWLEDGMENT.

By purchasing the Product, you acknowledge that you have read these TOS and the Terms and agree to be bound by them.

Last Updated: December 15, 2023