Vivant Cycleworks Incorporated

Terms and Conditions

Last Updated: December 5th, 2024

Welcome to Vivant Cycleworks Incorporated (“Vivant”) website. By accessing or using our website, you agree to be bound by these Terms and Conditions. Please read them carefully before purchasing a product.

1. Introduction

These Terms and Conditions ("Terms") govern your use of Vivant's website (the “Website") and participation in our crowdfunding campaigns. By purchasing products, you agree to these Terms. If you do not agree, please do not use the Website.

2. Definitions

  • Campaign Organizer: Vivant Cycleworks Incorporated is the entity managing the crowdfunding campaign and product sales.

  • Backer/Supporter: Any individual or entity contributing funds to the campaign.

  • Goal: The target funding amount required to proceed with production.

3. Crowdfunding Campaign

3.1 Funding Goals

  • You are responsible for paying the amounts due in full prior to your order being processed and all prices are exclusive of all sales, use, and excise taxes, or any similar taxes or charges by third parties. 

  • You are responsible for making payments in full at the time of purchase. Vivant may decide to cancel your order at any time after your payment in full has been received and return your payment. 

3.2 Use of Funds

  • Funds raised will be used for product development, manufacturing, and related expenses as outlined in the campaign description.

3.3 No Investment or Equity Rights

  • Contributions to the campaign are not investments. You do not receive any equity, ownership, or profit-sharing rights in Vivant or its affiliates or entities.

4. Orders and Payments

4.1 Payment Processing

  • Payments are processed through Stripe. By pledging, you authorize us to charge your payment method immediately.

4.2 Pre-Order Terms

  • Vivant may decide to cancel your order at any time after your payment in full has been received and return your payment.

4.3 Pricing

  • Prices displayed on the Website exclude applicable taxes unless stated otherwise. Shipping fees are calculated separately at checkout.

5. Order Fulfillment and Delivery

5.1 Estimated Timeline

  • Production and delivery timelines are estimates and subject to change due to unforeseen circumstances such as supply chain or manufacturing delays.

5.2 Delivery and Shipping Costs

  • Shipping fees, duties, and taxes (if applicable) are the responsibility of the customer. Delivery dates are not guaranteed.

5.3 Updates and Notifications

  • The customer will receive regular updates on production progress and estimated delivery schedules.

6. Product Specifications

  • All product descriptions, specifications, and visuals are subject to change without notice. We reserve the right to make adjustments that improve product quality or functionality.

7. Limitation of Liability

VIVANT MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(b) VIVANT MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

(c) Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the Vivant products. For the avoidance of doubt, VIVANT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(a) IN NO EVENT SHALL VIVANT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT VIVANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL VIVANT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO VIVANT FOR THE GOODS AND SERVICES SOLD HEREUNDER.

9. Intellectual Property

  • All content on the Website, including images, text, and trademarks, is the property of the Vivant or its licensors. Unauthorized use is prohibited. 

10. Governing Law

  • These Terms are governed by the laws of the State of California, USA. Any disputes will be resolved in the courts of California.

11. Changes to Terms

  • We reserve the right to update these Terms at any time. Changes will be posted on this page, and the "Last Updated" date will reflect the revision date.

12. Contact Us

If you have any questions about these Terms, please contact us at: