This Subscription and Equipment Lease Agreement (this “Agreement”) has important terms and conditions regarding your subscription for robotic lawn mowing service (the “Service” and lease of the robotic lawn mowing unit and associated equipment (collectively, the “Equipment”) from Robin Technologies, Inc. and/or its affiliates (collectively, the “Company” and “We”).
You accept and agree to the terms and conditions of this Agreement (collectively, the “Terms”) by doing any of the following: (i) accepting the terms using the checkbox on our site when requesting your service; (ii) accepting installation of the Equipment; and/or (iii) paying for Service.
SERVICE ACCOUNT ELIGIBILITY– USE OF SERVICE – TERM AND TERMINATION – CHANGES
Eligibility In order to use the Service and lease the Equipment, you must: (a) complete the registration process; (b) agree to the Terms; and (c) provide true, complete and up to date contact information for so long as you use the Service and lease the Equipment. You agree that you will not use the Service in a way that violates any laws or regulations. We may refuse Service, close your account or terminate this Agreement if you fail to comply with the Terms.
Use of the Service and Equipment Upon the payment of fees, and for so long as you comply with the Terms, we grant you a non-exclusive, non-transferable license to access and use the Service solely for and with the Equipment. We reserve all rights to the Service not expressly granted to you in these Terms. Your use of the Service may be interrupted from time to time for various reasons, including malfunction of the Equipment, periodic maintenance or repair of the Equipment, or other actions that We may elect to take. You agree that you will use the Service only for residential purposes at your designated residence, and not for business or commercial purposes or at any other location.
Term and Termination The Service and Equipment lease term (collectively, the “Term”) begins when We have completed installation of the Equipment at your residence. The Term will be determined by the installation cost option that you select.
The first installation cost option is to pay the full cost of installation, which is currently $100.00, prior to the date of installation. With this first installation cost option, you may terminate the Term at any time on written notice to the Company.
With the second installation cost option, We will install the Equipment at no cost to you. In exchange, the minimum Term will be 1 year. However, you will be permitted to suspend the Service and the obligation to pay the monthly fees for a period of up to 4 months during the first year of the Term. In other words, this second installation cost option requires that you pay a minimum of 8 months of fees in the first year of the Term.
Early Termination Fee You may end the Term at any time with 30-days written notice to the Company. If you have selection the second installation cost option, and end the Term before you have completed the minimum Term, you will be charged an early termination fee. The early termination fee will be the published total cost of installation at the time you cancel your service. Your early termination fee will be pro-rated adjusted for every month of the Term that you complete.
Changes We may change the Service and any features of the Service from time to time. In addition, we may change any of these Terms by posting revised Terms at http://new.robinautopilot.com/terms, or by sending an email to the last email address you gave to the Company. The new Terms will be effective on the day on which your next payment is due and will apply thereafter. If the changes to the Terms are materially adverse to you, you may terminate the Term and the lease of the Equipment by giving notice to the Company of your election to terminate within thirty days after we gave you notice of any material changes.
LEASE OF EQUIPMENT
Lease of Equipment. You understand and agree that you did not buy the Equipment, do not own the Equipment, and must use and return the Equipment as explained in this Agreement. You have no right to sell, give away, transfer, pledge, mortgage, alter or tamper with the Equipment. THE EQUIPMENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT. YOU BEAR THE ENTIRE RISK OF LOSS TO THE EQUIPMENT FROM THE DATE OF INSTALLATION. THE COMPANY NOT LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT. ALL WARRANTIES, IF ANY, WITH RESPECT TO THE EQUIPMENT ARE MADE BY THE MANUFACTURER OF THE EQUIPMENT.
Servicing of Equipment. If the Equipment ceases to function properly during the Term, we will repair or replace the Equipment at the Company’s option; however, we will not replace the Equipment if we determine that the failure of the Equipment resulted from your negligence or misuse of the Equipment or from an accident or theft.
Use of Equipment. You agree that you have not right to, and will not, use the Equipment for any purpose other than for the Service.
Equipment Return; Non-Return Fees. Upon termination or expiration of the Term, you must contact the Company within 7 days to arrange for the return of the Equipment. Upon notification, Robin will arrange for your equipment to be picked up by one of our professionals. The Equipment must be returned in good working order, condition and state of repair, normal wear and tear excepted. If we have not received or have been unable to retrieve the Equipment for any reason (including, without limitation, theft), other than as a result of the Company’s own act or failure to act, within 21 days of the termination or expiration of the Term, or if the Equipment is returned in damaged condition, We will charge you the replacement cost of a new robot (typically $1,900 but dependent upon the price of the unit installed at your home.)
FEES AND PAYMENTS
Fees and Payment Terms. The fees for the use of the Service and lease of the Equipment will be as agreed to at the time you register for the Service and will remain in effect during the initial 12 months of the Term. Thereafter, the fees will be subject to increase, from time to time, which will be emailed to you and also posted in your account at http://new.robinautopilot.com/ These fees will be billed every 4 weeks in advance with the first payment due at the time of enrollment, and with each subsequent payment due every 28 days. As long as you continue to use the Service and/or retain the Equipment after the initial Term, you will be required to pay the fees in the amount and at the times set forth, from time to time, in your account at http://new.robinautopilot.com/ These fees do not include any applicable sales, use or other taxes, which will be invoiced separately by the Company.
DEFAULT AND REMEDIES
Default and Remedies. In the event you fail to comply with these Terms and such failure continues for 10 days, we may: (i) terminate this Agreement, including the lease of the Equipment and your account; (ii) require immediate payment of all amounts payable under this Agreement, including, without limitation, the fees provided for in Section 5 and Section 10 above; (iii) assess a late charge for each month that your payment is late; and (iv) exercise any rights and pursue any remedies provided by law.
Trademarks. All Company logos, brand names, domain names and other trademark materials and marks associated with the Services and/or the Equipment are the Company’s trademarks in the United States and/or other countries. All marks not owned by the Company are the property of their respective owners. You may not use, and nothing contained in this Agreement grants any right to use, any such trademark materials, including, without limitation, those displayed on the Equipment.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE AND THE EQUIPMENT. WE WILL NOT BE LIABLE FOR ANY SUCH LOSS. IF THE WAIVER OF LIABILITY IN THE PREVIOUS SENTENCE IS NOT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS MADE RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE WILL BE NO MORE THAN WHAT YOU PAID THE COMPANY FOR THE SERVICE THE MONTH BEFORE. WE WON’T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUE, UNDER ANY CIRCUMSTANCES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING IN ANY WAY FROM YOUR USE OF THE SERVICE OR THE EQUIPMENT OR RELATED TO ANY BREACH OF THIS AGREEMENT BY YOU. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AND, IN SUCH CASE, YOU AGREE TO COOPERATE WITH THE COMPANY IN MAKING THE DEFENSE.
THE SERVICE AND THE EQUIPMENT ARE PROVIDED BY US “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT, AND YOU WAIVE ALL WARRANTIES FROM THE COMPANY TO THE MAXIMUM EXTENT PROVIDED BY LAW.
Attorneys Fees. If we file an action against you claiming you breached this Agreement and we prevail, we will be entitled to recover reasonable attorneys’ fees.
Assignments. You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Choice of Law; Arbitration; WAIVER OF JURY TRIAL. This Agreement will be governed by the laws of the State of Texas. Any dispute between us will be resolved exclusively by individual binding arbitration governed by the Federal Arbitration Act (“FAA”). YOU AGREE TO GIVE UP THE RIGHT TO LITIGATE DISPUTES IN COURT BEFORE A JUDGE OR JURY AND TO GIVE UP THE RIGHT TO PARTICIPATE IN COURT AS A PARTY OR CLASS MEMBER. Neither of us will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Force Majeure. We won’t be liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, strikes, power blackouts, and acts of hackers or third-party internet service providers.
Amendments and Waiver. Changes to these Terms won’t be effective until we provide notice thereof to you, including by way of e-mail to the last e-mail address that you provided to us, or by posting on our website at http://new.robinautopilot.com/terms. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under these Terms, and we may still take action at a later point.
Notices. Except as provided in the next sentence: (i) any notice to you will be effective when we send it to the last email or physical address you gave the Company; and (ii) any notice to us will be effective when delivered to us at 2216 Commerce St, Dallas, TX 75201. Any notice to the Company alleging a breach of this Agreement will be in writing and will be sent by overnight courier or delivered in person to: 2216 Commerce St, Dallas, TX 75201, or any addresses of which we may notify you as provided herein.
Entire Agreement. This Agreement constitutes the entire agreement between you and the Company, and supersedes all prior agreements, representations, and understandings.
Last Updated: August 14, 2017
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