Legal
Pre-Order Agreement
This Pre-Order Agreement explains the terms that apply when you reserve an OpenVector Station before it becomes commercially available.
By submitting the $100 reservation deposit, you agree to this Agreement as the customer making the reservation.
In this Agreement:
- “Foveal,” “we,” “us,” or “our” means Foveal Vision, Inc.
- “Station” means the OpenVector Station hardware that you are asking to reserve.
- “Services” means software, installation, configuration, support, and other services that may be offered with the Station.
- “Reservation” means your position in the queue for a possible future purchase of a Station.
- “Deposit” means the refundable $100 payment used to request a Reservation.
- “Final Order” means a later purchase or subscription agreement accepted by both you and Foveal before delivery.
1. Reservation deposit
Your Deposit requests a place in line for the opportunity to purchase or subscribe to a future Station. It is not a purchase of the Station, a down payment on a completed sale, or a promise that a Station will be delivered.
The prices and plan choices displayed when you reserve reflect our current expectations. Final pricing, taxes, installation requirements, service terms, and availability will be stated in the Final Order presented before delivery.
We may accept, decline, postpone, or cancel a Reservation. If we cancel it before a Final Order is signed, we will return the Deposit as described in Section 4.
2. Product development
The Station and related Services are still being developed. You understand that:
- production hardware and software may differ from prototypes, images, demonstrations, and marketing descriptions;
- features, performance, compatibility, installation needs, and service plans may change; and
- estimated delivery windows may move or be withdrawn.
Except for the refund commitment in this Agreement, we do not guarantee a particular specification, feature, performance level, or delivery date before a Final Order is signed.
3. Production notice
When a Station is expected to become available for your region and use case, we will make reasonable efforts to contact you using the information submitted with your Reservation.
At that time, you may review the then-current product details and Final Order, proceed with the purchase or subscription, or cancel your Reservation. If you do not respond within the period stated in our notice, we may release your position in the queue and refund the Deposit.
4. Cancellation and refund
You may cancel your Reservation at any time before accepting a Final Order. To request cancellation, email founders@openvector.com from the address used for the Reservation.
Foveal may also cancel a Reservation before a Final Order is accepted. When either party cancels, the $100 Deposit will be returned without interest to the original payment method, subject to the processing time of the payment provider and financial institution.
Return of the Deposit is your exclusive remedy for cancellation of a Reservation or our inability to offer a Final Order.
5. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, FOVEAL AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR A RESERVATION, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF FOVEAL ARISING FROM THIS AGREEMENT OR A RESERVATION WILL NOT EXCEED THE DEPOSIT ACTUALLY PAID BY YOU. NOTHING IN THIS SECTION EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
6. No obligation to sell
Creating a Reservation does not require Foveal to manufacture, sell, lease, deliver, install, or support a Station or any Services.
A sale or subscription occurs only after you and Foveal accept a separate Final Order. Until then, either party may end the Reservation under Section 4.