Terms of service

TERMS OF SALE, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WARRANTY DISCLAIMER, INSURANCE/SUBROGATION WAIVER, OPTIONAL ACCESSORY TERMS, INTELLECTUAL PROPERTY TERMS, AND DISPUTE RESOLUTION

Last Updated: August 7, 2026

IMPORTANT — PLEASE READ CAREFULLY

These Terms affect your legal rights.

Next Gen Mobility LLC sells high-performance electric unicycles, personal electric vehicles, parts, and accessories. These products can be exciting and useful, but they also involve real risks. Please read these Terms carefully before purchasing, charging, storing, modifying, repairing, or using any product.

By accessing or using this website, placing or attempting to place an order, purchasing, accepting delivery of, possessing, charging, storing, transporting, modifying, repairing, reselling, or using any product sold by Next Gen Mobility LLC, you agree to be bound by these Terms to the fullest extent permitted by applicable law.

These Terms include risk disclosures, assumption of risk, release of liability, waiver of negligence claims, warranty disclaimers, limitations of liability, insurance and subrogation waivers, parent-company protections, optional accessory terms, intellectual-property compliance terms, website-use restrictions, order-refusal rights, liquidated-damages provisions, and binding individual arbitration in Arizona.

If you do not agree to these Terms, do not use this website, do not place an order, and do not use any product sold by Next Gen Mobility LLC.

1. Overview

This website is operated by Next Gen Mobility LLC (“NGM,” “we,” “us,” or “our”).

These Terms apply to all website users, customers, purchasers, recipients, riders, operators, installers, modifiers, resellers, service providers, agents, representatives, investigators, consultants, insurers, subrogees, assignees, and any person or entity that receives, possesses, charges, stores, transports, rides, repairs, modifies, resells, investigates, documents, tests, analyzes, or uses any product sold by NGM.

For purposes of these Terms, “Products” includes electric unicycles, personal electric vehicles, parts, chargers, batteries, battery packs, battery-management components, controllers, motors, firmware-related support, diagnostic materials, accessories, replacement parts, optional pads, power pads, side pads, jump pads, brake pads, fairings, brackets, cuffs, hooks, foot-retention devices, bracing devices, leverage devices, and similar items sold, included, provided, discussed, serviced, or supported by NGM.

2. Right to Repair, DIY Repairs, and Customer Customization

NGM generally supports customers’ ability to maintain, repair, personalize, and customize their PEVs. EUCs and many other PEVs are modular machines, and many common issues can be resolved through proper diagnosis and replacement of the affected component.

Performing a DIY repair, replacing a modular component, or making cosmetic or accessory changes does not automatically void the entire warranty.

Customers may generally perform ordinary maintenance, install accessories, replace pedals, install fairings, add pads, install 3D-printed TPU armor, change cosmetic components, or make other non-destructive cosmetic or ergonomic changes without automatically losing warranty coverage for unrelated components.

Customers may also install certain aftermarket or upgraded components, such as aftermarket headlights, LED lighting kits connected to existing lighting connectors, pedals, cosmetic kits, fairings, pads, armor, or aftermarket motors, without automatically voiding the entire warranty.

However, aftermarket parts, third-party parts, customer-installed parts, and modifications are not themselves warranted by NGM unless expressly stated in writing.

Warranty coverage may be denied, limited, or excluded if the issue for which warranty support is requested was caused by, contributed to, or made worse by an aftermarket part, third-party part, customer-installed part, modification, improper installation, incompatible component, electrical change, wiring change, firmware change, custom firmware, non-standard charger, battery modification, controller modification, motor modification, water exposure, crash damage, misuse, or other condition outside normal use and maintenance.

In short: a DIY repair or customization does not automatically void the entire warranty, but damage or malfunction caused by the repair, part, installation, modification, or accessory is not covered. Warranty coverage may remain available for unrelated covered components during the applicable warranty period, subject to the manufacturer’s warranty terms, NGM’s Warranty Policy, parts availability, warranty approval, and the exclusions stated in these Terms and NGM’s Warranty Policy.

Customers are responsible for ensuring that any repair, accessory, aftermarket part, or modification is installed safely and correctly. Certain modifications may negatively affect performance, handling, braking, acceleration, water resistance, battery safety, electrical safety, firmware behavior, lighting behavior, structural integrity, warranty eligibility, legal compliance, or rider safety.

If you are unsure whether a repair or modification may affect warranty coverage or safety, please contact NGM before performing the work.

3. Sole Contracting Party; Parent and Affiliate Protection

You acknowledge and agree that Next Gen Mobility LLC is the sole contracting party for sales made through this website unless a separate written agreement expressly states otherwise.

NGM Holdings LLC is not the seller, manufacturer, distributor, warrantor, guarantor, insurer, legal certifier, safety certifier, product certifier, or contracting party for any Product sold through this website.

No parent, affiliate, owner, member, manager, officer, employee, contractor, supplier, financing source, service provider, related person, or related entity assumes any personal, separate, parent-company, affiliate, alter-ego, agency, joint-enterprise, successor, or veil-piercing liability merely by owning, managing, funding, supporting, financing, advising, servicing, assisting, or being affiliated with NGM.

To the fullest extent permitted by applicable law, any claim arising out of or relating to this website, any Product, any order, any support communication, any warranty issue, any battery event, any fire, any personal injury, any property damage, any accessory, any modification, or any transaction with NGM must be asserted, if at all, only against Next Gen Mobility LLC, subject to all releases, waivers, disclaimers, limitations of liability, arbitration requirements, forum-selection provisions, and other defenses stated in these Terms.

4. Released Parties

“Released Parties” means Next Gen Mobility LLC, NGM Holdings LLC, and each of their present and former parents, subsidiaries, affiliates, commonly controlled entities, owners, members, managers, officers, directors, employees, agents, contractors, representatives, suppliers, manufacturers, distributors, service providers, fulfillment providers, payment processors, insurers, successors, assigns, and related persons or entities.

5. Products Sold by NGM Involve Inherent Risks

Electric unicycles (“EUCs”) and other personal electric vehicles (“PEVs”) are high-powered, self-balancing, lithium-ion battery-powered products. Riding, using, charging, storing, transporting, maintaining, modifying, or allowing another person to use an EUC or other PEV is an inherently risky activity that may result in severe injury, permanent disability, paralysis, emotional distress, property damage, fire, explosion, or death.

We want customers to enjoy these products responsibly, but it is important to understand that no product, manufacturer, retailer, safety feature, firmware system, charger, protective gear, or riding practice can eliminate all risks.

Risks include, without limitation:

sudden loss of power, propulsion, torque, braking response, or self-balancing assistance;
cut-outs, shutdowns, overleans, pedal dips, pedal strikes, software glitches, firmware issues, controller failures, sensor errors, battery-management problems, and other malfunctions that may occur with or without warning;
wobble, instability, loss of traction, loss of control, rider ejection, or inability to dismount safely;
mounting, dismounting, braking, turning, accelerating, decelerating, and emergency maneuvering risks;
potholes, curbs, gravel, wet surfaces, uneven terrain, debris, road defects, traffic, pedestrians, animals, visibility limitations, weather, and environmental hazards;
falls, crashes, collisions, and impacts with vehicles, pedestrians, road surfaces, structures, or fixed objects;
failure of tires, tubes, rims, pedals, shells, axles, suspension components, chargers, battery systems, controllers, motors, frames, wiring, connectors, firmware, software, or other components;
overheating, smoke, thermal runaway, fire, explosion, combustion, electric shock, toxic fumes, and other lithium-ion battery or charging hazards;
risks arising from optional accessories, aftermarket accessories, pads, power pads, foot-retention devices, bracing devices, customer modifications, custom firmware, non-standard chargers, or third-party repairs; and
serious bodily injury, permanent disability, paralysis, property damage, and death.

You understand that EUCs and other PEVs can malfunction, lose balance assistance, cut out, crash, catch fire, or cause serious harm even when used carefully and even when manufacturers have designed systems intended to reduce those risks.

6. NGM Is a Retail Seller, Not the Manufacturer

Unless expressly stated otherwise in a separate written document signed by NGM, NGM is solely a retail seller, reseller, distributor, support provider, warranty coordinator, service coordinator, or parts supplier for Products manufactured, designed, engineered, assembled, coded, tested, certified, or supplied by third parties.

NGM does not design, engineer, manufacture, assemble, factory-test, certify, or control the factory production of EUCs, battery packs, chargers, firmware, software, applications, electronics, controllers, motors, frames, pedals, suspension systems, shells, accessories, or component parts.

NGM does not control factory design decisions, firmware coding, manufacturing methods, internal quality control, supply-chain decisions, patent-clearance decisions, regulatory-clearance decisions, safety certifications, water-resistance certifications, waterproofing certifications, or the condition of sealed internal components produced by third-party manufacturers.

Any reference on our website or in our communications to product performance, ride feel, features, safety features, capabilities, speed, range, charging, power, torque, braking, suspension, water resistance, waterproofing, IP ratings, rider experience, accessory compatibility, or configuration is informational only and does not create any guarantee of safety, legality, compatibility, non-infringement, freedom from defect, water resistance, waterproofing, or suitability for any particular purpose.

Any pre-delivery handling, unboxing, charging, packaging, inspection, accessory installation, setup assistance, firmware assistance, troubleshooting, support communication, promotional insertion, or coordination by NGM does not transform NGM into the manufacturer and does not constitute a certification or representation that the Product is safe, defect-free, legally compliant, non-infringing, waterproof, water-resistant, or fit for any particular purpose.

NGM’s role in providing warranty support, replacement-part coordination, manufacturer communication, remote troubleshooting, guided DIY support, or third-party repair coordination does not make NGM the manufacturer, designer, engineer, certifier, or guarantor of the Product. Such support is intended to assist customers and administer available manufacturer-backed or supplier-backed warranty remedies, subject to NGM’s posted Warranty Policy, manufacturer approval, supplier approval, parts availability, and these Terms.

7. Manufacturer Ratings, Water Resistance, Waterproofing, and Riding in Wet Conditions

Some Products may be advertised by manufacturers as having water-resistance or ingress-protection ratings, including ratings such as IPX5, IPX6, IPX7, IP67, or similar ratings. Any such rating or description is a manufacturer claim or manufacturer-provided specification unless NGM expressly states otherwise in writing.

NGM does not independently test, certify, verify, warrant, or guarantee any manufacturer water-resistance rating, waterproofing claim, ingress-protection rating, rain-resistance claim, splash-resistance claim, battery-compartment sealing claim, controller-compartment sealing claim, or other water-related specification.

NGM does not warrant that any Product is waterproof, water-resistant, safe to ride in rain, safe to ride through standing water, safe to wash, safe to submerge, or protected against water intrusion. Water resistance may vary by model, production batch, age, wear, crash history, maintenance, seals, fasteners, modifications, accessories, storage, use, and prior exposure.

NGM does not encourage riding through deep standing water, flooding, heavy rain, submerged areas, pressure washing, water crossings, or any condition likely to expose the Product to significant water intrusion. Water exposure may damage batteries, controllers, motors, bearings, wiring, connectors, displays, lights, charge ports, firmware systems, and other components, and may increase the risk of malfunction, cut-out, corrosion, electric shock, fire, thermal runaway, property damage, injury, or death.

You are solely responsible for deciding whether weather, road conditions, water exposure, terrain, and visibility are safe for riding. You agree to stop using and charging the Product after significant water exposure, crash damage, abnormal operation, unusual heat, odor, smoke, sparks, electrical behavior, or error codes until the Product has been evaluated by the manufacturer or a qualified service provider.

To the fullest extent permitted by applicable law, NGM shall not be responsible for injury, death, fire, property damage, Product damage, loss of use, warranty denial, corrosion, electrical failure, battery failure, controller failure, motor failure, firmware issue, charger issue, or other loss caused by or relating to rain, water exposure, standing water, flooding, washing, pressure washing, submersion, humidity, condensation, corrosion, salt exposure, or any reliance on manufacturer water-resistance or waterproofing claims.

8. Manufacturer Identification, Tender Rights, and Fault Allocation

You acknowledge that Products sold by NGM are manufactured, designed, engineered, assembled, programmed, tested, labeled, certified, and warranted, if at all, by third-party manufacturers.

To the fullest extent permitted by law, any claim alleging a manufacturing defect, design defect, battery defect, charger defect, firmware defect, software defect, component defect, warning issue, instruction issue, recall issue, water-resistance issue, waterproofing issue, ingress-protection issue, or other product condition originating with the manufacturer should be directed first to the manufacturer.

NGM reserves all rights to identify the manufacturer, tender any claim to the manufacturer, seek defense and indemnity from the manufacturer, identify responsible non-parties, allocate fault to responsible persons or entities, and pursue any statutory, contractual, equitable, or common-law defense, contribution, indemnity, reimbursement, or fault-allocation right available to a non-manufacturing seller.

To the fullest extent permitted by applicable law, NGM reserves the right to identify, designate, tender to, seek contribution from, seek indemnity from, or allocate fault to any manufacturer, supplier, battery manufacturer, charger manufacturer, firmware provider, software provider, shipping carrier, installer, repair provider, modifier, prior owner, rider, user, reseller, property owner, insurer, landlord, third-party service provider, or other person or entity whose act, omission, product, component, warning, instruction, modification, repair, storage condition, charging condition, water exposure, misuse, or other conduct may have caused or contributed to any alleged injury, death, fire, property damage, loss, or claim.

9. Operator Condition, Judgment, and Customer Responsibilities

You represent and agree that:

you are of legal age to purchase and use the Product;
you are physically and mentally capable of safely operating the Product;
you will not operate the Product while impaired by alcohol, drugs, medication, fatigue, distraction, illness, or any condition that may reduce safe operation;
you will use appropriate protective equipment, including a quality helmet and other gear suitable for a high-risk riding activity;
you will use your own judgment in deciding whether, when, where, and how to ride;
you will comply with all applicable laws, regulations, ordinances, traffic rules, manufacturer instructions, warnings, manuals, firmware guidance, and safe-use practices;
you will inspect the Product before each use;
you will discontinue use if the Product appears damaged, unstable, overheated, compromised, abnormal, wet, water-damaged, or unsafe;
you will not alter, tamper with, bypass, disable, or defeat any safety-related feature;
you will use only compatible chargers, parts, accessories, and firmware;
you will maintain the Product and battery system in accordance with manufacturer instructions and these Terms;
you will promptly provide accurate information reasonably requested by NGM for warranty evaluation, including photos, videos, serial numbers, odometer readings, activation information, firmware/app information, charger information, water-exposure history, crash history, modification history, maintenance history, and battery-maintenance history;
you will not perform unauthorized repairs, authorize third-party repairs, incur third-party labor charges, or expect reimbursement for labor, diagnosis, parts, shipping, or other costs unless NGM expressly approves the specific work and cost in writing in advance;
you understand that EUC warranty support is commonly handled through remote troubleshooting and customer-performed replacement of modular parts, and you are responsible for determining whether you are competent and comfortable performing any guided replacement or repair;
you will review and comply with any insurance, lease, building, landlord, HOA, workplace, campus, fire-code, storage, water-exposure, or charging restrictions; and
you will not rely on NGM to determine whether any Product, accessory, modification, configuration, use, importation, exportation, resale, installation, water exposure, or riding condition is lawful, non-infringing, safe, or appropriate for your intended purpose.

10. Express Assumption of Risk

You knowingly, voluntarily, and expressly assume all risks arising out of or relating to the purchase, sale, preorder, deposit, delivery, setup, ownership, possession, charging, storage, transportation, maintenance, repair, modification, resale, importation, exportation, installation, removal, adjustment, or use of any Product sold by NGM.

This assumption of risk applies to known and unknown risks, inherent and non-inherent risks, obvious and non-obvious risks, foreseeable and unforeseeable risks, and risks arising from product malfunction, rider error, third-party conduct, charging practices, battery conditions, water exposure, rain, humidity, corrosion, maintenance practices, environmental conditions, misuse, abuse, component failure, aftermarket accessories, customer modifications, legal compliance issues, intellectual-property allegations, or other causes.

11. Battery, Fire, Charging, Storage, and Maintenance Safety

Products sold by NGM may contain high-voltage lithium-ion battery systems. Improper use, damage, wear, charging, storage, impact, modification, defect, misuse, water exposure, crash damage, incompatible charging equipment, deep discharge, prolonged storage, failure to maintain the battery, or unauthorized repair may create a risk of overheating, smoke, thermal runaway, fire, explosion, combustion, electric shock, toxic fumes, serious injury, death, or property damage.

Manufacturers generally design battery packs, battery-management systems, chargers, firmware, and related systems to reduce battery-related risks. However, no manufacturer, distributor, retailer, service provider, charger, battery-management system, firmware system, or user practice can eliminate all risk of lithium-ion battery failure, fire, or thermal runaway.

You agree that you are solely responsible for safe battery handling, charging, storage, inspection, and maintenance, including:

using only the OEM charger or a charger expressly approved by the manufacturer for the specific Product, unless otherwise permitted by the manufacturer in writing;
following all manufacturer charging, storage, inspection, and battery-maintenance instructions;
never charging a damaged, modified, wet, water-exposed, crash-impacted, swollen, leaking, smoking, unusually hot, or abnormal device;
never charging in an unsafe location or near combustible materials;
never charging where a battery fire would endanger persons, pets, structures, vehicles, or valuable property;
immediately discontinuing use or charging if the Product emits smoke, unusual heat, odor, swelling, sparks, leakage, abnormal noises, error codes, or other abnormal signs;
storing the Product in a safe, dry, ventilated, temperature-appropriate location;
monitoring the Product after any crash, drop, water exposure, impact, overheating event, unusual charging event, or suspected battery damage; and
complying with building, landlord, campus, workplace, fire-code, transportation, shipping, airline, carrier, or storage restrictions applicable to lithium-ion batteries.

Required Periodic Battery Maintenance

Unless the manufacturer provides different written instructions for your specific Product, you agree to perform periodic battery maintenance at least once every sixty days, including:

charging the Product’s battery to full at least once every sixty days; and
allowing the Product’s battery cells to balance at least once every sixty days by leaving the Product connected to the OEM charger overnight after reaching full charge, or for the time and in the manner recommended by the manufacturer if different.

Failure to maintain, charge, balance, inspect, and store lithium-ion batteries properly may increase the risk of deep discharge, cell imbalance, reduced capacity, battery-management errors, unexpected shutdown, charging failure, overheating, smoke, thermal runaway, fire, explosion, property damage, serious injury, or death.

Failure to follow manufacturer battery instructions, failure to perform required periodic battery maintenance, improper charging, prolonged storage, deep discharge, water exposure, crash damage, battery modification, use of non-approved chargers, or use after abnormal battery behavior may result in denial, limitation, or loss of warranty coverage to the fullest extent permitted by applicable law and applicable warranty terms.

To the fullest extent permitted by applicable law, NGM shall not be responsible for injury, death, fire, property damage, Product damage, battery degradation, reduced battery capacity, loss of use, warranty denial, charging failure, or other loss caused by or relating to failure to follow manufacturer instructions, failure to periodically charge or balance the battery, prolonged storage, deep discharge, improper storage, improper charging, incompatible chargers, water exposure, crash damage, battery modification, third-party repair, or any condition outside NGM’s direct control.

12. Fire-Safe Charging and Storage Practices

You agree not to charge or store any Product:

in or near bedrooms, sleeping areas, beds, couches, upholstered furniture, clothing, curtains, paper, cardboard, flammable liquids, or combustible materials;
in primary exit paths, stairwells, hallways required for emergency egress, doorways, or locations that would block escape in the event of fire;
in wet, flooded, excessively hot, freezing, poorly ventilated, or direct-sunlight locations;
inside vehicles in high heat or where heat buildup may occur;
near heaters, furnaces, stoves, fireplaces, space heaters, open flames, or other heat sources;
where a battery fire would unreasonably endanger persons, pets, structures, vehicles, or valuable property; or
in any location prohibited by manufacturer instructions, landlord rules, building rules, fire-code requirements, insurance requirements, workplace rules, campus rules, carrier rules, or applicable law.

You agree to use smoke detectors, fire-safety precautions, and charging/storage practices appropriate for lithium-ion battery products.

You understand that water exposure, salt exposure, impact damage, crash damage, puncture, crushing, swelling, unusual heat, odor, smoke, sparks, leakage, error codes, charger irregularities, sudden capacity loss, or abnormal battery behavior may indicate a serious fire or electrical hazard. You agree to stop using and charging the Product immediately if any such condition occurs.

13. Insurance, Lease, Building, and Fire-Code Responsibilities

You are solely responsible for determining whether your homeowner’s insurance, renter’s insurance, property insurance, vehicle insurance, umbrella insurance, business insurance, lease, building rules, fire-code requirements, HOA rules, condominium rules, campus rules, workplace rules, carrier rules, or other insurance or contractual arrangements cover or permit the purchase, possession, charging, storage, transportation, modification, repair, or use of any Product.

If any insurer, landlord, property manager, HOA, condominium association, workplace, campus, storage provider, or other relevant person or entity requires disclosure, approval, additional coverage, safety precautions, a waiver of subrogation endorsement, a fire-safe storage location, or any other requirement relating to EUCs, PEVs, lithium-ion batteries, chargers, or similar Products, you are solely responsible for obtaining and maintaining such approval, coverage, endorsement, waiver, or compliance.

NGM is not responsible for denial of insurance coverage, cancellation of insurance, increased insurance premiums, lease violations, building-rule violations, storage-rule violations, fire-code violations, carrier restrictions, landlord restrictions, or other third-party restrictions relating to EUCs, PEVs, lithium-ion batteries, chargers, storage, or charging.

14. Insurance, Subrogation, Property Damage, and Fire Claims

You acknowledge and agree that EUCs, PEVs, lithium-ion batteries, chargers, battery packs, battery-management systems, controllers, wiring, and related electrical components may present fire, smoke, thermal runaway, explosion, combustion, electric shock, toxic-fume, property-damage, personal-injury, and death risks, even when reasonable precautions are taken.

To the fullest extent permitted by applicable law, you agree to look first and solely to your own insurance, if any, for any fire, smoke, explosion, combustion, thermal runaway, battery event, electrical event, water event, charging event, storage event, property damage, loss of use, relocation cost, structural damage, contents damage, vehicle damage, business interruption, or similar loss arising out of or relating to any Product, charger, battery, accessory, modification, repair, storage condition, or charging practice.

To the fullest extent permitted by applicable law, you waive and release all claims against the Released Parties for any insured or insurable loss arising out of or relating to fire, smoke, explosion, combustion, thermal runaway, battery events, charging events, electrical events, storage events, property damage, damage to structures, damage to contents, damage to vehicles, loss of use, relocation expenses, business interruption, or similar property-related losses.

To the fullest extent permitted by applicable law, you waive, and agree to cause your insurers to waive, any and all rights of subrogation, equitable subrogation, contractual subrogation, reimbursement, contribution, indemnity, assignment, or recovery against the Released Parties for any loss covered or coverable by any homeowner’s, renter’s, property, casualty, vehicle, umbrella, business, landlord, tenant, or other insurance policy.

You agree that this waiver applies before and after any loss, before and after any insurance payment, and regardless of whether the insurer or claimant proceeds in your name, in its own name, as subrogee, by assignment, by reimbursement right, by equitable claim, by contractual right, by contribution theory, by indemnity theory, or by any other theory.

This Section does not apply to any claim or right that cannot lawfully be waived, released, limited, or restricted.

15. Post-Incident Duties; Evidence Preservation

If any Product is involved in a crash, fire, smoke event, explosion, thermal runaway event, charging incident, electrical event, property-damage event, personal-injury event, abnormal battery condition, water-exposure event, or suspected defect, you agree to take reasonable steps to preserve the Product, charger, battery, accessories, packaging, manuals, photographs, videos, charging location, charging equipment, extension cords, power strips, adapters, outlet information, firmware/app data, service records, modification records, and other potentially relevant evidence.

You agree not to discard, alter, repair, disassemble, modify, destroy, transfer, ship, recycle, dispose of, or permit destruction of any Product, charger, battery, accessory, or related evidence after any such incident until NGM and other potentially interested parties have had a reasonable opportunity to inspect the evidence, except where immediate action is reasonably necessary for safety or required by law, emergency responders, hazardous-materials personnel, insurers, property owners, or governmental authorities.

You agree to notify NGM promptly after any crash, fire, battery event, charging event, property-damage event, personal-injury event, water-exposure event, or suspected defect involving a Product.

For warranty claims, suspected defects, crashes, water exposure, battery events, fire events, or abnormal operation, you agree to preserve the Product and relevant evidence and to provide the information reasonably requested by NGM. Failure to preserve evidence, failure to provide requested information, unauthorized repair, third-party disassembly, disposal of the Product or part, or alteration of relevant evidence may delay, limit, or prevent warranty evaluation or support.

Failure to preserve relevant evidence may prejudice NGM and the Released Parties and may be asserted as a defense, offset, evidentiary issue, or basis for other relief to the fullest extent permitted by applicable law.

16. Product Information; No Safety Guarantee

Any content on this site, including product descriptions, ride recommendations, setup information, charging suggestions, maintenance guidance, accessory discussions, compatibility references, water-resistance references, IP-rating references, repair suggestions, troubleshooting information, firmware guidance, safety tips, or customer-support communications, is provided for general informational purposes only.

No statement by NGM, whether oral, written, electronic, informal, promotional, social-media-based, customer-service-based, or otherwise, shall be interpreted as a guarantee that a Product cannot fail, cut out, overheat, combust, malfunction, suffer water damage, cause injury, cause death, cause property damage, or become the subject of a legal, regulatory, customs, warranty, or intellectual-property issue.

No pre-delivery handling, unboxing, charging, packaging, inspection, accessory installation, setup assistance, firmware help, application help, troubleshooting, support communication, promotional insertion, or coordination by NGM constitutes a certification or representation that the Product is safe, defect-free, legally compliant, non-infringing, waterproof, water-resistant, fit for any particular purpose, or incapable of malfunction.

17. Safety Features Are Not Guarantees

References to manufacturer-listed safety features, battery-management systems, alarms, firmware limits, smart chargers, thermal protections, water-resistance features, waterproofing features, IP ratings, overcharge protection, over-discharge protection, tilt-back, warnings, or similar features are informational only and are based on manufacturer or supplier information unless otherwise stated.

Such features may reduce certain risks but cannot eliminate crash, cut-out, malfunction, battery, fire, water, charging, storage, misuse, or injury risks. NGM does not warrant or guarantee that any safety feature, water-resistance feature, battery-management feature, firmware feature, or manufacturer-listed protection will prevent injury, death, fire, battery failure, water damage, property damage, or malfunction.

Warranty support, replacement parts, troubleshooting assistance, firmware guidance, or repair coordination do not constitute a representation that the Product is safe to ride, safe to charge, free from defect, waterproof, water-resistant, restored to factory condition, or incapable of future malfunction.

18. Warranty Policy Incorporated by Reference

NGM’s posted Warranty Policy is incorporated into these Terms for Products purchased from NGM. The Warranty Policy describes applicable warranty periods, support procedures, exclusions, and the parts-forward support model used for many PEVs and EUCs.

If these Terms and the Warranty Policy conflict, these Terms control except where the Warranty Policy provides a specific Product warranty benefit that NGM has expressly offered and that cannot be limited by these Terms.

19. Orders, Acceptance, Pricing, Availability, and Right to Refuse Service

We reserve the right to refuse, limit, cancel, reverse, suspend, or condition any order, attempted order, account, transaction, shipment, service request, warranty request, support request, or communication for any reason at any time, including suspected fraud, inventory issues, pricing errors, product unavailability, payment issues, chargeback risk, shipping restrictions, compliance concerns, safety concerns, suspected resale activity, suspected export/import issues, suspected intellectual-property enforcement use, suspected litigation or pre-litigation use, suspected reverse engineering, suspected competitor use, suspected straw purchasing, suspected false identity, suspected undisclosed agency, suspected use against NGM, suspected use against EUC manufacturers, suppliers, distributors, retailers, customers, or market participants, suspected violation of these Terms, or any other reason permitted by law.

Prices, specifications, availability, shipping estimates, compatibility information, product descriptions, accessories, colors, configurations, and included items may change without notice. We reserve the right to correct typographical, pricing, inventory, compatibility, technical, or listing errors at any time, including after an order has been submitted.

Your receipt of an order confirmation, payment authorization, automated email, invoice, or account communication does not guarantee acceptance of your order. An order is accepted only when NGM expressly accepts it or processes it for shipment.

NGM has no obligation to sell, provide, ship, support, service, or make available any Product, accessory, part, sample, exemplar, technical information, or other material to any person or entity. NGM may refuse, cancel, limit, condition, or delay any transaction, shipment, account, support request, warranty request, sample request, inspection request, or communication for any reason permitted by law.

20. Shipping, Delivery, Title, and Risk of Loss

Shipping times are estimates only and are not guaranteed unless expressly stated in writing. Shipping may be affected by carrier restrictions, lithium-ion battery limitations, hazardous-materials requirements, weather, customs, port delays, regulatory issues, supply-chain delays, manufacturer delays, address issues, fraud review, or circumstances beyond NGM’s control.

Risk of loss and title transfer to you in accordance with the shipping terms provided at checkout or otherwise applicable to the transaction.

You are responsible for inspecting the package and Product promptly upon delivery and for notifying us within a reasonable time of any shipping damage, missing items, visible damage, incorrect item, or delivery issue.

21. Returns, Refunds, Cancellations, Warranty Support, and Manufacturer Issues

All returns, exchanges, cancellations, deposits, preorders, refunds, and warranty claims are subject to NGM’s posted return, refund, cancellation, and warranty policies as updated from time to time, except where otherwise required by applicable law.

NGM may provide warranty administration, troubleshooting, customer support, replacement-part coordination, manufacturer communication, and warranty-support assistance for Products purchased from NGM. The duration, scope, covered components, exclusions, and approval of warranty coverage are generally determined by the applicable manufacturer, supplier, written manufacturer policy, product-specific warranty terms, or NGM’s posted Warranty Policy for the applicable Product.

Unless expressly stated otherwise in a separate written warranty from NGM, NGM does not independently manufacture, design, engineer, certify, or guarantee the Product and does not assume the manufacturer’s design, manufacturing, certification, recall, warning, instruction, safety, or product-defect obligations. NGM’s warranty-support role is generally to assist the customer, communicate with the manufacturer or supplier, help identify the issue, coordinate approved parts, and provide reasonable support consistent with NGM’s posted Warranty Policy.

NGM may, in its discretion, provide remote troubleshooting, diagnosis assistance, parts identification, replacement-part coordination, phone support, text support, email support, live-chat support, video support, documentation, or guidance intended to help customers resolve warranty issues efficiently. Any such support is informational and practical assistance only and does not constitute a safety certification, engineering certification, repair certification, legal certification, or guarantee that the Product is safe, defect-free, fit for any particular use, waterproof, water-resistant, non-infringing, or incapable of malfunction.

For EUCs and other large PEVs, warranty support is typically handled through a parts-forward model, including remote diagnosis and shipment of manufacturer-approved or supplier-approved replacement parts where available and approved. Because shipping complete EUCs can be expensive, time-consuming, and impractical, NGM does not operate a centralized in-house repair facility and does not guarantee in-house repair service.

When a replacement part is determined to be the appropriate warranty solution, NGM may provide or coordinate shipment of the approved part to the customer, subject to warranty approval, parts availability, manufacturer or supplier support, shipping restrictions, and NGM’s posted Warranty Policy. If a required part is not available domestically, fulfillment may depend on manufacturer or supplier availability, international shipping, customs, carrier restrictions, or other circumstances outside NGM’s control.

Any guided DIY repair, part replacement, inspection, troubleshooting step, firmware step, or support communication is undertaken at the customer’s own risk. The customer is responsible for determining whether they are competent and comfortable performing any replacement, adjustment, inspection, or repair. If the customer is unable or unwilling to perform a repair or replacement, NGM may, in its discretion, help coordinate support through an independent third-party repair provider.

NGM does not cover third-party labor, diagnostic fees, repair fees, travel costs, shipping costs, storage costs, downtime, loss of use, or other costs unless expressly approved by NGM in writing in advance. Customers should not take a Product to an outside repair provider, authorize work, purchase parts, incur labor charges, or expect reimbursement unless NGM has expressly approved the specific work and cost in writing before the expense is incurred.

Warranty coverage does not automatically become void merely because a customer performs a DIY repair, installs an accessory, replaces a modular component, adds pads, installs fairings, uses 3D-printed TPU armor, changes pedals, installs lighting accessories, or makes cosmetic or ergonomic modifications.

However, warranty coverage may be denied, limited, or excluded if the issue for which warranty support is requested was caused by, contributed to, or made worse by an aftermarket part, third-party part, customer-installed part, modification, improper installation, incompatible component, electrical change, wiring change, firmware change, custom firmware, non-standard charger, battery modification, controller modification, motor modification, water exposure, crash damage, misuse, or other condition outside normal use and maintenance.

Warranty coverage may also be denied, limited, or excluded for crash damage, impact damage, rain damage, water damage, corrosion, misuse, abuse, improper maintenance, improper installation, improper charging, improper storage, battery neglect, deep discharge, failure to periodically charge or balance the battery, unauthorized repair, custom firmware, non-standard chargers, incompatible parts, theft, wear-and-tear items, consumables, or any condition excluded by the manufacturer, supplier, NGM’s Warranty Policy, or these Terms.

Any goodwill assistance, troubleshooting support, manufacturer communication, repair coordination, firmware guidance, replacement-part coordination, warranty assistance, discounted part offering, or post-warranty support does not create any additional warranty, legal duty, admission, representation, or obligation beyond what is required by applicable law, expressly stated in NGM’s posted Warranty Policy, or expressly assumed in a separate written agreement signed by NGM.

After any applicable warranty period expires, NGM may, in its discretion, continue to support customers by offering discounted parts, troubleshooting assistance, or manufacturer coordination where practical and where parts remain available. NGM is not responsible if a manufacturer or supplier discontinues production, support, or availability of parts for any Product or model.

Nothing in this Section limits any warranty or consumer right that cannot lawfully be limited or excluded.

22. Warranties and Warranty Disclaimer

Any manufacturer warranty is provided, if at all, by the manufacturer under its own terms. Any NGM-administered warranty support, if available, is governed by NGM’s posted Warranty Policy for the applicable Product and these Terms.

NGM’s posted Warranty Policy is intended to describe the warranty-support process, warranty periods, covered components, exclusions, and support model for Products purchased from NGM. Warranty periods may vary by manufacturer, Product category, component type, activation date, manufacture date, model, supplier policy, and posted warranty terms. In the event of a conflict between a manufacturer’s mandatory written warranty and NGM’s posted Warranty Policy, the manufacturer’s mandatory written warranty will control to the extent required by law or the manufacturer.

Except as expressly provided in NGM’s posted Warranty Policy or in a separate written warranty from NGM, and to the fullest extent permitted by applicable law, Products are sold “as is,” “with all faults,” and “as available,” and without any express or implied warranties by NGM, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, safety, performance, durability, range, speed, water resistance, waterproofing, IP-rating compliance, battery capacity, battery life, charging performance, software performance, firmware performance, error-free operation, or warranties arising from course of dealing, course of performance, or usage of trade.

NGM does not warrant that any Product or accessory will be free from defects, safe for your intended use, compliant with all laws, compatible with all accessories, immune from malfunction, immune from battery failure, immune from fire, immune from water damage, waterproof, water-resistant, compliant with any manufacturer-claimed IP rating, free from third-party claims, or free from intellectual-property allegations.

NGM does not warrant that any manufacturer, supplier, or third-party repair provider will continue to provide parts, warranty support, technical support, software support, firmware support, manuals, documentation, replacement components, or repair services for any particular Product or model.

NGM does not warrant that remote troubleshooting, guided DIY repair support, replacement-part shipment, third-party repair coordination, or warranty assistance will resolve every issue, restore a Product to original condition, make a Product safe, eliminate all risk, or prevent future malfunction, crash, battery event, fire, injury, death, property damage, or loss.

Nothing in these Terms disclaims, limits, or excludes any warranty or consumer right that cannot lawfully be disclaimed, limited, or excluded.

23. Limitation of Liability

To the fullest extent permitted by applicable law, the Released Parties shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages, including lost profits, lost revenue, loss of use, loss of enjoyment, business interruption, replacement costs, substitute transportation, storage charges, towing costs, shipping delays, customs delays, repair delays, data loss, emotional distress, damage to other property, diminution in value, intellectual-property-related loss, regulatory loss, insurance-related loss, denied insurance coverage, increased insurance premiums, relocation expenses, property loss, water-damage loss, or legal compliance costs arising out of or relating to the website, any Product, any order, any delay, any support communication, any accessory, any modification, or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the aggregate liability of the Released Parties for any claim arising out of or relating to a Product, accessory, service, support communication, or transaction shall not exceed the amount actually paid by you to NGM for the specific Product giving rise to the claim.

This Section does not apply to any liability that cannot lawfully be limited.

24. Release of Liability and Waiver of Negligence Claims

To the fullest extent permitted by applicable law, you, on behalf of yourself and your heirs, estate, personal representatives, successors, assigns, family members, insurers, subrogees, assignees, reimbursement claimants, contribution claimants, indemnity claimants, and anyone asserting a claim by or through you, hereby release, waive, acquit, and forever discharge the Released Parties from any and all claims, demands, causes of action, liabilities, damages, losses, costs, expenses, attorneys’ fees, and remedies arising out of or relating to:

the inherent and non-inherent risks of EUCs and other PEVs;
your purchase, acceptance, possession, charging, storage, transportation, maintenance, repair, modification, resale, transfer, or use of any Product sold by NGM;
crashes, falls, collisions, cut-outs, shutdowns, instability, wobble, loss of control, battery events, charger issues, mechanical failures, component failures, firmware issues, software issues, water exposure, or fire-related incidents;
lithium-ion battery risks, charging risks, storage risks, fire risks, thermal runaway risks, water-damage risks, and battery-maintenance issues;
failure to inspect, maintain, charge, balance, dry, evaluate, or store the Product or battery properly;
property damage, structure damage, contents damage, vehicle damage, fire damage, smoke damage, water damage, relocation costs, loss of use, insurance claims, insurer claims, or subrogation claims;
optional accessories, pads, power pads, foot-retention devices, bracing devices, aftermarket accessories, customer modifications, custom firmware, third-party repairs, or non-standard parts;
intellectual-property claims, customs issues, import/export issues, resale issues, regulatory issues, or third-party rights issues arising from your conduct or configuration; and
negligence, including ordinary negligence, in connection with the sale, delivery, setup assistance, customer support, general product information, accessory discussion, compatibility discussion, service coordination, warranty coordination, warnings, or communications associated with the Product.

You expressly understand and agree that this Section is intended to release and waive claims for ordinary negligence to the fullest extent permitted by Arizona law.

This release does not apply to claims that cannot lawfully be waived, including claims for gross negligence, reckless misconduct, intentional misconduct, fraud, or non-waivable statutory rights.

25. Covenant Not to Sue Parents, Affiliates, Owners, Members, or Related Parties

You agree that your transaction is with Next Gen Mobility LLC only, and that NGM Holdings LLC and any other parent, affiliate, owner, member, manager, officer, director, employee, contractor, representative, supplier, service provider, insurer, successor, assign, or related person or entity is not a seller, manufacturer, distributor, warrantor, guarantor, insurer, legal certifier, safety certifier, product certifier, or contracting party unless expressly identified as such in a separate written agreement signed by that party.

To the fullest extent permitted by applicable law, you covenant and agree not to sue, name, pursue, seek recovery from, or assert any claim against NGM Holdings LLC or any other Released Party other than Next Gen Mobility LLC for any claim arising out of or relating to the website, any Product, any order, any support communication, any warranty issue, any battery event, any fire, any water exposure, any property damage, any personal injury, any accessory, any modification, any intellectual-property issue, or any transaction with NGM.

You further agree that you will not seek to pierce the corporate veil, assert alter-ego liability, assert agency liability, assert joint-enterprise liability, assert successor liability, assert single-business-enterprise liability, or otherwise seek to impose liability on NGM Holdings LLC or any other Released Party for the obligations, acts, omissions, Products, communications, or alleged liabilities of Next Gen Mobility LLC, except to the extent such covenant is not enforceable under applicable law.

If you assert, assign, assist, authorize, encourage, or permit any claim against NGM Holdings LLC or any other Released Party in violation of this Section, you agree to indemnify, defend, and hold harmless the Released Parties from all resulting losses, costs, expenses, and attorneys’ fees to the fullest extent permitted by applicable law.

26. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any third-party claims, demands, actions, investigations, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

your breach of these Terms;
your purchase, possession, importation, exportation, resale, charging, storage, transportation, maintenance, repair, modification, configuration, installation, removal, adjustment, or use of any Product;
your negligence, misuse, unlawful conduct, or violation of applicable law;
injury, death, fire, battery event, water event, or property damage caused by you or by any person to whom you sold, loaned, gifted, transferred, resold, demonstrated, or permitted access to the Product;
failure to inspect, maintain, charge, balance, dry, evaluate, or store the Product or battery properly;
aftermarket accessories, optional pads, power pads, foot-retention devices, bracing devices, customer modifications, custom firmware, third-party repairs, or non-standard parts;
any allegation that your configuration, modification, installation, resale, importation, exportation, marketing, depiction, or use of any Product or accessory infringes or violates any patent, design patent, trademark, trade dress, copyright, trade secret, contract right, regulatory right, customs right, or other intellectual property or proprietary right;
any claim, subpoena, demand, proceeding, or investigation arising from your use of Products, accessories, website content, advertising, product listings, communications, or materials in litigation, patent proceedings, customs proceedings, Section 337 proceedings, regulatory proceedings, administrative proceedings, enforcement activity, claim-charting, reverse engineering, or adversarial use against NGM or against any EUC manufacturer, supplier, distributor, retailer, customer, service provider, importer, repair provider, warranty provider, or market participant;
any claim by an insurer, homeowner’s insurer, renter’s insurer, property insurer, vehicle insurer, umbrella insurer, landlord insurer, business insurer, subrogee, assignee, reimbursement claimant, contribution claimant, indemnity claimant, property owner, landlord, tenant, HOA, condominium association, workplace, campus, storage provider, or other third party arising out of or relating to fire, smoke, explosion, combustion, thermal runaway, charging, storage, water exposure, battery maintenance, property damage, loss of use, relocation expense, structural damage, contents damage, vehicle damage, or similar loss involving any Product;
your failure to preserve evidence after any crash, fire, smoke event, explosion, thermal runaway event, charging event, battery event, water-exposure event, property-damage event, personal-injury event, or suspected defect; and
any claim asserted against NGM Holdings LLC or any Released Party other than Next Gen Mobility LLC in violation of these Terms.

27. Optional Accessories; Promotional Pads; Power Pads; Foot-Retention, Bracing, and Rider-Customization Devices

Products sold by NGM may be sold in a stock EUC configuration without pads, power pads, side pads, jump pads, brake pads, fairings, hooks, brackets, cuffs, leg-contact devices, foot-retention devices, foot-positioning devices, ankle-support devices, leverage devices, bracing devices, or similar rider-contact, rider-support, rider-customization, or rider-retention accessories unless such items are expressly identified as included stock equipment in the specific product listing or order documentation.

Some Products may be sold with optional pads, power pads, side pads, jump pads, brake pads, fairings, hooks, brackets, cuffs, foot-retention devices, foot-positioning devices, ankle-support devices, leverage devices, bracing devices, or similar accessories included at no additional charge as optional promotional accessories. Unless expressly stated in the specific product listing or order documentation, such accessories are provided separately from the stock EUC configuration, are not installed by NGM, are removable, are not required for ordinary operation of the EUC, and are not represented by NGM to be necessary for operation, safety, legality, non-infringement, or performance.

NGM supports lawful customer personalization and accessory use. Pads, fairings, pedals, 3D-printed TPU armor, lighting accessories, cosmetic components, and other aftermarket accessories may be used for rider comfort, ergonomics, protection, visibility, styling, or personal preference. Such accessories are optional and customer-controlled unless expressly included as stock equipment.

Inclusion of an optional accessory at no additional charge does not mean that NGM requires, instructs, directs, induces, encourages, or recommends installation or use of that accessory in any particular position, manner, combination, or configuration. The customer is solely responsible for deciding whether to install, adjust, remove, modify, reposition, combine, or use any such accessory and for ensuring that any installation, adjustment, removal, modification, configuration, combination, or use complies with applicable law, manufacturer instructions, safe-use practices, and third-party rights.

The sale of a stock EUC together with an optional, uninstalled, removable accessory is not a representation that the accessory is part of the imported, manufactured, stock, or required configuration of the EUC unless the specific product listing or order documentation expressly states otherwise.

Optional pads, power pads, jump pads, brake pads, side pads, fairings, hooks, brackets, cuffs, foot-retention devices, foot-positioning devices, ankle-support devices, leverage devices, bracing devices, and similar accessories vary materially in shape, location, function, installation, adjustability, and rider interaction. Some such accessories may function as removable rider-customization, comfort, shell-protection, foot-positioning, ankle-support, leverage, bracing, or foot/leg-retention accessories rather than mild-friction, non-restraining leg-contact surfaces.

NGM does not require, instruct, direct, induce, encourage, or recommend any customer to install or use any accessory in any particular position, manner, combination, or configuration alleged to satisfy any patent claim limitation or alleged infringement theory. NGM does not provide patent advice, patent-clearance opinions, freedom-to-operate opinions, non-infringement opinions, design-around opinions, customs opinions, import/export opinions, or legal advice.

Any decision to purchase, receive, install, remove, modify, adjust, trim, cut, drill, tape, glue, bolt, mount, reposition, 3D-print, combine, or use pads, power pads, side pads, jump pads, brake pads, fairings, hooks, brackets, cuffs, foot-retention devices, foot-positioning devices, ankle-support devices, leverage devices, bracing devices, or similar accessories is made solely by the customer and at the customer’s own risk.

NGM does not represent that any optional accessory is necessary, safe for all riders, suitable for all conditions, legally compliant in all jurisdictions, compatible with all Products, free from defect, free from third-party claims, or free from patent, design-patent, trade-dress, trademark, copyright, or other intellectual-property allegations.

28. Product Photos, Accessory Depictions, Configuration Information, and Manufacturer Claims

Product photographs, videos, renderings, diagrams, manufacturer images, social-media content, customer-submitted images, promotional materials, compatibility references, manufacturer water-resistance references, manufacturer IP-rating references, and product descriptions may depict optional accessories, third-party accessories, prototype accessories, aftermarket parts, modified configurations, discontinued configurations, rider-installed accessories, decorative components, regional configurations, manufacturer-claimed features, or accessories sold separately.

Such depictions and references do not mean that any depicted accessory, feature, water-resistance claim, IP rating, or configuration is included with the Product, required for operation, recommended as necessary, independently verified by NGM, safe for all riders, legally compliant in all jurisdictions, compatible with all uses, non-infringing, free from third-party claims, waterproof, water-resistant, or appropriate for your intended purpose.

Any compatibility, specification, water-resistance, or IP-rating information is provided for general informational purposes only. Compatibility and water resistance may depend on product version, production batch, firmware version, hardware revision, installation method, rider weight, riding style, intended use, local law, age, wear, crash history, water exposure, maintenance, seals, fasteners, and other factors outside NGM’s control.

29. Advertising, Accessory Content, and No Admission of Product Configuration

Any product listing, product photograph, video, accessory listing, compatibility reference, customer image, manufacturer image, aftermarket accessory discussion, product description, advertisement, promotional statement, or website content relating to pads, power pads, side pads, jump pads, brake pads, fairings, hooks, brackets, cuffs, leg-contact devices, foot-retention devices, foot-positioning devices, ankle-support devices, leverage devices, bracing devices, or similar accessories is provided for general retail, compatibility, informational, customer-choice, or customer-support purposes only.

Such content does not constitute an admission, representation, instruction, recommendation, inducement, encouragement, warranty, or agreement that any complete EUC is imported, sold, offered for sale, required, configured, intended, or instructed to be used with any such accessory unless the specific product listing or order documentation expressly states that the accessory is included as part of the stock configuration sold.

References to accessory compatibility, customer preference, rider customization, aftermarket availability, promotional accessories, comfort, ergonomics, foot positioning, ankle support, bracing, leverage, shell protection, optional product configurations, or similar accessory-related topics do not alter the stock configuration of any EUC sold by NGM and do not constitute legal advice, patent advice, non-infringement advice, an instruction to infringe, authorization to infringe, or a representation that any particular installation or use configuration is lawful, non-infringing, safe, or suitable.

NGM does not concede, admit, or represent that any accessory content, compatibility statement, product photograph, customer image, manufacturer image, or promotional reference establishes infringement of any patent, design patent, trade dress, trademark, copyright, or other third-party right.

30. Intellectual Property Compliance; No Patent or Legal Opinion

NGM does not require, instruct, direct, induce, encourage, or recommend that any customer, manufacturer, importer, exporter, reseller, repair provider, rider, installer, modifier, investigator, consultant, expert, law firm, patent owner, licensee, complainant, plaintiff, competitor, or other person configure, modify, combine, import, export, sell, offer to sell, resell, install, remove, adjust, position, or use any Product, accessory, optional pad, power pad, side pad, jump pad, brake pad, fairing, hook, bracket, cuff, foot-retention device, foot-positioning device, ankle-support device, leverage device, bracing device, aftermarket accessory, customer-added modification, or component in any manner that infringes, is alleged to infringe, or may be claimed to infringe any patent, design patent, trademark, trade dress, copyright, trade secret, contract right, regulatory right, customs right, or other intellectual property or proprietary right of any third party.

NGM does not provide legal advice, patent advice, patent-clearance opinions, freedom-to-operate opinions, non-infringement opinions, validity opinions, invalidity opinions, enforceability opinions, design-patent opinions, design-around opinions, claim-construction opinions, trademark opinions, trade-dress opinions, customs opinions, import/export opinions, regulatory opinions, or product-clearance opinions.

You are solely responsible for ensuring that any purchase, possession, importation, exportation, resale, offer for sale, marketing, depiction, installation, modification, configuration, combination, removal, adjustment, repair, service, or use of any Product or accessory complies with applicable law and does not infringe or violate any third-party rights.

To the fullest extent permitted by applicable law, you assume all risk and responsibility for any intellectual-property claim, customs issue, import/export issue, regulatory issue, infringement allegation, contributory-infringement allegation, inducement allegation, design-right allegation, trade-dress allegation, trademark allegation, copyright allegation, or other legal claim arising out of or relating to your purchase, possession, importation, exportation, resale, marketing, installation, modification, configuration, combination, removal, adjustment, repair, service, or use of any Product or accessory.

31. Website Access; Investigative, Competitive, Litigation, and Enforcement Use

Access to and use of this website are conditioned on compliance with these Terms. By accessing or using this website, viewing product listings, creating an account, requesting information, communicating with NGM, placing or attempting to place an order, or otherwise interacting with NGM, you agree to these Terms to the fullest extent permitted by applicable law.

You may not access or use this website, product listings, product photographs, descriptions, specifications, pricing, availability information, checkout systems, customer-support channels, or other NGM materials for any unlawful, deceptive, competitive, investigative, evidentiary, reverse-engineering, intellectual-property enforcement, litigation, pre-litigation, regulatory, customs, market-surveillance, claim-charting, administrative-proceeding, or adversarial purpose without NGM’s prior written consent.

Without limiting the foregoing, you may not access this website or purchase, attempt to purchase, solicit, obtain, inspect, test, disassemble, reverse engineer, photograph, document, import, export, resell, or use any Product for the purpose of:

preparing, supporting, asserting, or threatening any patent, design-patent, copyright, trademark, trade-dress, trade-secret, unfair-competition, customs, importation, regulatory, Section 337, or other legal claim against NGM;
preparing, supporting, asserting, or threatening any legal claim against, or legal restriction affecting, any EUC manufacturer, supplier, distributor, retailer, customer, service provider, importer, repair provider, warranty provider, or market participant;
conducting infringement analysis, claim charting, product teardown, reverse engineering, testing, inspection, evidentiary collection, administrative-proceeding support, customs support, or litigation support;
assisting any patent owner, licensee, complainant, plaintiff, law firm, investigator, expert, consultant, competitor, or adverse party in any dispute, investigation, administrative proceeding, Section 337 investigation, court proceeding, customs proceeding, or other legal matter;
circumventing NGM’s right to refuse service or cancel orders; or
obtaining Products through concealment, misrepresentation, straw purchasing, aliases, reshippers, intermediaries, undisclosed agency, false contact information, false payment information, false shipping information, or other deceptive means.

NGM reserves the right to block access, refuse service, cancel orders, reverse transactions, restrict accounts, refuse shipment, require identity verification, require end-use certification, or decline to provide Products, parts, service, support, warranty assistance, samples, exemplars, or information if NGM suspects that any access, order, attempted order, communication, or transaction violates these Terms or may be used for litigation, enforcement, investigation, reverse engineering, customs, regulatory, Section 337, claim-charting, administrative-proceeding, competitive, or adversarial purposes.

Nothing in this Section is intended to restrict any right that cannot lawfully be restricted, including any non-waivable right to report unlawful conduct to a governmental agency.

32. No Litigation Samples; No Free Samples; End-Use Certification

NGM does not consent to provide, sell, loan, rent, transfer, ship, or make available any Product, accessory, component, sample, exemplar, unit, part, document, firmware, diagnostic material, or other material for litigation, pre-litigation, investigation, claim-charting, reverse engineering, patent analysis, customs analysis, regulatory analysis, Section 337 proceedings, enforcement activity, competitive analysis, or adversarial use against NGM or against any EUC manufacturer, supplier, distributor, retailer, customer, service provider, importer, repair provider, warranty provider, or market participant without NGM’s prior written consent.

Any order, attempted order, informal request, inspection request, sample request, subpoena-related request, or communication seeking Products, accessories, parts, samples, exemplars, technical information, advertising materials, or other materials for any such purpose may be refused, canceled, conditioned, objected to, or challenged by NGM to the fullest extent permitted by applicable law.

NGM does not provide free Products, accessories, parts, samples, exemplars, testing units, inspection units, or litigation materials unless NGM expressly agrees in writing. Any compelled production, inspection, sampling, testing, copying, collection, or preservation of Products or materials shall be subject to NGM’s objections, confidentiality rights, burden objections, cost-shifting requests, reimbursement requests, protective-order rights, and all other rights available under applicable law.

Before accepting, processing, or shipping any order, NGM may require the purchaser, recipient, beneficial owner, end user, or paying party to certify identity, affiliation, intended use, destination, and whether the purchase is being made for personal use, business use, resale, investigation, litigation, enforcement, reverse engineering, claim-charting, patent analysis, customs analysis, regulatory analysis, or on behalf of any third party. NGM may refuse, cancel, or hold any order if the certification is not provided, is incomplete, appears inaccurate, or indicates any purpose inconsistent with these Terms.

33. No Straw Purchases; Agency and End-Use Disclosure

You represent and warrant that you are purchasing Products only for your own lawful personal or business use, and not as an undisclosed agent, investigator, consultant, expert, attorney, law-firm representative, patent-owner representative, licensee representative, competitor representative, reseller, broker, evidence collector, or intermediary for any third party.

You agree not to use any alias, straw purchaser, nominee, reshipper, freight forwarder, false identity, false address, false payment method, undisclosed agency relationship, or other method to conceal the true purchaser, intended recipient, beneficial owner, end user, purpose of purchase, or destination of any Product.

If you purchase, attempt to purchase, access the website, request information, or communicate with NGM on behalf of any other person or entity, you represent and warrant that you have authority to bind that person or entity to these Terms, and you agree that both you and that person or entity are jointly and severally responsible for compliance with these Terms.

34. Pre-Suit Notice; Good-Faith Resolution; Opportunity to Cure

To the fullest extent permitted by applicable law, before initiating any lawsuit, arbitration, administrative proceeding, demand for relief, charge, complaint, subpoena request, enforcement action, intellectual-property claim, customs claim, regulatory claim, Section 337-related request, or other adversarial proceeding against NGM or any Released Party arising out of or relating to this website, any Product, any accessory, any order, any product configuration, any product listing, any advertisement, any support communication, any warranty issue, any alleged defect, any alleged injury, any alleged property damage, any alleged infringement, any alleged inducement, any alleged contributory infringement, any customs issue, or any transaction with NGM, you must first provide NGM with meaningful written notice and a reasonable opportunity to investigate and respond.

The notice must be sent to NGM at the contact email listed in these Terms and must include, at a minimum:

your full legal name, address, email address, phone number, and any entity or person on whose behalf you are acting;
the order number, Product model, serial number if available, purchase date, shipping address, and all relevant transaction details;
a clear description of the claim, dispute, allegation, or requested relief;
all facts reasonably supporting the claim or allegation;
all documents, photographs, videos, screenshots, test results, claim charts, teardown results, communications, and other materials reasonably supporting the claim or allegation;
for any intellectual-property, patent, design-patent, trade-dress, trademark, copyright, customs, importation, Section 337, inducement, contributory-infringement, or similar allegation, identification of the specific right asserted, the specific Product or configuration accused, the specific claim limitation or legal theory allegedly satisfied, and the factual basis for the allegation;
for any crash, battery event, fire, water-exposure event, property-damage claim, injury claim, or alleged defect, a description of the incident, charging/storage/use conditions, charger used, accessory configuration, modifications, repairs, firmware/app information, photographs, videos, insurance involvement, and preservation status of the Product, charger, battery, accessories, and related evidence; and
a good-faith proposal for resolving the matter without litigation or administrative proceedings.

After receiving a complete notice, NGM shall have at least sixty days to investigate, request additional information, inspect relevant evidence, contact manufacturers or suppliers, preserve records, evaluate the claim, and attempt to resolve the matter.

This Section is intended to be a contractual condition precedent to filing or initiating any claim or proceeding against NGM or any Released Party by any person or entity bound by these Terms. If you initiate a claim or proceeding without first complying with this Section, NGM may seek dismissal, stay, abatement, arbitration enforcement, fee-shifting, cost-shifting, protective relief, or any other relief available under applicable law.

This Section does not prevent either party from seeking temporary emergency relief where necessary to prevent imminent physical harm, preserve evidence, prevent fraud, protect confidential information, or avoid immediate and irreparable injury. This Section does not limit any non-waivable statutory right or any right that cannot lawfully be restricted.

35. Liquidated Damages, Fees, Indemnity, and Equitable Relief for Litigation-Use, Straw-Purchase, and Adversarial-Use Breaches

You acknowledge and agree that any breach of Sections 31 through 34, or any related order-verification, end-use certification, prohibited-use, no-sample, no-straw-purchase, pre-suit notice, or litigation-use provision, may cause NGM substantial harm that is difficult or impossible to calculate with precision at the time of contracting.

Such harm may include emergency legal review, investigation burden, administrative burden, preservation obligations, subpoena-response burden, discovery burden, protective-order proceedings, technical analysis, expert review, patent analysis, Section 337 burden, customs burden, regulatory burden, business interruption, disruption of business operations, loss of confidentiality, misuse of Products or materials, reputational harm, competitive harm, supplier disruption, customer disruption, market disruption, and harm arising from use of Products, accessories, website content, advertising, product listings, samples, exemplars, photographs, videos, test results, teardown results, claim charts, or communications in litigation, patent proceedings, customs proceedings, Section 337 proceedings, claim-charting, reverse engineering, enforcement activity, or other adversarial use against NGM or against EUC manufacturers, suppliers, distributors, retailers, customers, service providers, importers, repair providers, warranty providers, or market participants.

Because such harm would be difficult to determine and because proof of actual damages may be impracticable, you agree that the following liquidated damages are a reasonable estimate of anticipated harm and are not a penalty:

Attempted Breach Without Shipment. If you attempt to place an order, request materials, access restricted materials, request samples, or submit a false or misleading certification in violation of these provisions, but no Product is shipped, liquidated damages shall be the greater of $10,000 or two times the total order value.
Product or Materials Obtained Through Breach. If you obtain any Product, accessory, sample, exemplar, part, document, communication, photograph, video, website content, advertising, product listing, or information from NGM through false identity, straw purchase, undisclosed agency, litigation-use breach, investigation-use breach, enforcement-use breach, reverse-engineering breach, claim-charting breach, pre-suit-notice breach, or other adversarial-use breach, liquidated damages shall be the greater of $50,000 or ten times the total order value.
Use in Legal, Administrative, Patent, Customs, or Section 337 Proceeding. If any Product, accessory, sample, exemplar, part, document, communication, photograph, video, test result, teardown result, claim chart, website content, advertising, product listing, or information obtained from NGM in breach of these Terms is used, disclosed, cited, relied upon, submitted, analyzed, or disseminated in any litigation, patent proceeding, customs proceeding, regulatory proceeding, administrative proceeding, Section 337 investigation, enforcement activity, or adversarial matter, liquidated damages shall be the greater of $100,000 or fifteen times the total order value, not to exceed $500,000 per breach.

For purposes of this Section, “total order value” includes the retail value of all Products, accessories, parts, samples, discounts, promotional items, shipping, taxes, fees, and any items included at no additional charge.

In addition to liquidated damages, you agree to reimburse and indemnify NGM and the Released Parties for all attorneys’ fees, expert fees, consultant fees, investigation expenses, administrative expenses, subpoena-response costs, discovery costs, preservation costs, protective-order costs, enforcement costs, arbitration costs, court costs, management time, business-disruption costs, and other losses arising out of or relating to any breach described in this Section, to the fullest extent permitted by applicable law.

You further agree to indemnify NGM and the Released Parties for costs, losses, and expenses arising from use of any Product, accessory, sample, website content, advertising, product listing, photograph, communication, or information obtained from NGM to assert, support, threaten, or pursue any claim, investigation, customs action, Section 337 proceeding, patent proceeding, regulatory proceeding, enforcement activity, or legal restriction against NGM or against any EUC manufacturer, supplier, distributor, retailer, customer, service provider, importer, repair provider, warranty provider, or market participant.

NGM does not consent to the use, disclosure, citation, dissemination, testing, teardown, analysis, or submission of any Product, accessory, sample, website content, advertisement, product listing, photograph, communication, or information obtained in breach of these Terms in any litigation, patent proceeding, customs proceeding, Section 337 investigation, regulatory proceeding, administrative proceeding, or adversarial matter. NGM reserves all rights to object, seek exclusion, seek protective relief, seek cost shifting, and seek sanctions or contractual remedies.

You agree that monetary damages may be inadequate and that NGM may seek temporary, preliminary, and permanent injunctive relief requiring the return, quarantine, preservation, non-use, non-disclosure, non-dissemination, destruction, or restriction of any Product, accessory, sample, exemplar, part, document, communication, information, screenshot, photograph, video, test result, teardown result, claim chart, or other material obtained, created, or used in breach of these Terms, to the fullest extent permitted by applicable law.

Any inspection, testing, teardown, disassembly, destructive testing, photography, scanning, measurement, reverse engineering, or analysis of a Product obtained from NGM for legal, regulatory, customs, patent, Section 337, or adversarial purposes requires NGM’s prior written consent and an agreed protocol, including chain of custody, preservation, non-destructive testing limits, confidentiality, cost allocation, and return or quarantine terms.

NGM shall not be entitled to double recovery for the same injury. If a court, arbitrator, ALJ, or other tribunal determines that any liquidated-damages amount is unenforceable in whole or in part, the amount shall be reduced to the maximum enforceable amount, and NGM may pursue actual damages, equitable relief, attorneys’ fees, expert fees, costs, indemnity, and all other available remedies.

36. Prohibited Uses

You may not use this site or any Product purchased from us:

for any unlawful purpose;
in violation of applicable law;
to infringe or allegedly infringe the rights of others;
to submit false, misleading, or fraudulent information;
to interfere with or circumvent website security or functionality;
to misuse lithium-ion batteries, chargers, firmware, software, or electrical systems;
to bypass, disable, or defeat safety features;
to use Products in a reckless, abusive, unsafe, or prohibited manner;
to configure, modify, import, export, resell, market, or use any Product or accessory in a manner that violates applicable law or third-party rights; or
to access, purchase, inspect, test, document, reverse engineer, claim-chart, or use any Product or website content for litigation, enforcement, investigation, customs, regulatory, competitive, or adversarial purposes without NGM’s prior written consent.

37. Electronic Communications and Electronic Signature

By using this site or placing an order, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, acknowledgments, warranty communications, order communications, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Checking a box, clicking “I agree,” placing or attempting to place an order, accepting delivery, possessing a Product, installing an accessory, modifying a Product, charging a Product, storing a Product, reselling a Product, or using a Product constitutes your electronic signature and your intent to be legally bound by these Terms.

38. Dispute Resolution; Binding Individual Arbitration; Exclusive Arizona Forum

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the website, any Product sold by NGM, any accessory, any order, any warning or representation, any battery-related incident, crash, injury, fire, property damage, warranty issue, support communication, accessory issue, modification issue, intellectual-property-related issue, website-access issue, investigative-use issue, straw-purchase issue, insurance issue, subrogation issue, parent-company issue, affiliate issue, or the relationship between you and NGM shall be resolved exclusively by binding individual arbitration and not in court, except that either party may bring an eligible individual claim in small claims court.

The arbitration shall be conducted on an individual basis only. Neither you nor NGM may bring, join, or participate in any class action, collective action, representative action, consolidated action, coordinated action, mass arbitration, mass proceeding, or private attorney general action, whether in arbitration or in court, to the fullest extent permitted by applicable law.

The exclusive seat, place, and legal forum for arbitration shall be Santa Cruz County, Arizona, unless NGM elects in writing to use another county in Arizona or remote proceedings. Any hearing may be conducted by video conference, telephone, written submission, or other remote means if ordered by the arbitrator or agreed by NGM, but the legal seat of arbitration shall remain Arizona.

Any lawsuit, petition, motion, or other court proceeding relating to the existence, scope, enforceability, validity, interpretation, or performance of this arbitration agreement, the arbitration proceeding itself, or confirmation, modification, correction, vacatur, or enforcement of any arbitration award shall be brought exclusively in the state courts located in Santa Cruz County, Arizona, or, if federal jurisdiction exists or is required, in the United States District Court for the District of Arizona, and in no other court. Each party submits to the exclusive jurisdiction of those courts and waives objections based on improper venue, inconvenient forum, or lack of personal jurisdiction to the fullest extent permitted by applicable law.

To the fullest extent permitted by applicable law, this dispute-resolution provision applies to all claims asserted by you, through you, on your behalf, because of you, or derived from your rights, including claims asserted by heirs, estates, family members, insurers, subrogees, assignees, reimbursement claimants, contribution claimants, indemnity claimants, property owners, landlords, tenants, HOAs, condominium associations, business entities, employers, storage providers, or any other person or entity claiming by, through, or because of your purchase, possession, charging, storage, transportation, modification, repair, resale, or use of any Product.

Nothing in this Section prevents NGM from seeking temporary, preliminary, or permanent injunctive relief in court to protect confidential information, business operations, intellectual property, customer data, safety, fraud prevention, or to prevent unlawful conduct.

39. Third-Party Legal Process

If NGM receives any subpoena, preservation demand, information request, insurer request, governmental request, customs request, regulatory request, attorney request, or other legal process arising from your purchase, possession, charging, storage, transportation, modification, resale, or use of any Product, you agree to reimburse NGM for reasonable attorneys’ fees, administrative costs, preservation costs, search costs, production costs, and other expenses incurred in responding, objecting, seeking protection, or complying, to the fullest extent permitted by law.

40. Governing Law

These Terms and any dispute between you and NGM shall be governed by the laws of the State of Arizona and applicable federal law, including the Federal Arbitration Act where applicable, without regard to conflict-of-law principles, except to the extent superseded by federal law or by non-waivable law that applies notwithstanding this provision.

41. Severability

If any provision of these Terms is held invalid, void, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

If any release, waiver, disclaimer, limitation, indemnity, arbitration term, class-action waiver, forum-selection term, website-access restriction, intellectual-property provision, insurance waiver, subrogation waiver, parent-company protection, covenant not to sue, pre-suit notice provision, or liquidated-damages provision is held unenforceable as to a particular claim, party, remedy, or circumstance, it shall remain enforceable as to all other claims, parties, remedies, and circumstances to the fullest extent permitted by law.

42. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver by NGM shall be effective unless in writing and signed by an authorized representative of NGM.

43. Entire Agreement

These Terms, together with any posted policies expressly incorporated by reference, constitute the entire agreement between you and NGM regarding the website and Products sold by NGM, and supersede prior or contemporaneous communications, proposals, advertisements, social-media content, product listings, support communications, and understandings relating to that subject matter, except for any separate written warranty or other written agreement expressly entered into by NGM.

No oral statement, informal communication, text message, email, support message, social-media post, product photo, video, compatibility statement, or customer-service response modifies these Terms unless expressly stated in a separate written agreement signed by NGM.

44. Changes to These Terms

We reserve the right to update, modify, or replace these Terms at any time by posting an updated version on this website. Changes apply prospectively unless otherwise stated.

Your continued use of the site, placement or attempted placement of an order, acceptance of delivery, possession of a Product, installation of an accessory, modification of a Product, charging of a Product, storage of a Product, resale of a Product, or use of a Product after updated Terms are posted constitutes acceptance of the revised Terms.

45. Customer Acknowledgment

By accessing this website, placing or attempting to place an order, purchasing, accepting delivery of, possessing, installing, modifying, charging, storing, transporting, reselling, or using any Product, you acknowledge and agree that:

EUCs and lithium-ion battery Products are inherently dangerous and may cause serious injury, death, fire, explosion, electric shock, toxic fumes, and property damage.
You knowingly and voluntarily assume all risks associated with the purchase, possession, charging, storage, transportation, modification, resale, and use of the Product.
NGM is a retail seller, not the manufacturer, designer, engineer, legal certifier, safety certifier, insurer, or guarantor of the Product.
NGM does not independently certify or warrant manufacturer water-resistance, waterproofing, or IP-rating claims, and NGM does not encourage riding through deep standing water or heavy rain.
NGM Holdings LLC is not the seller, manufacturer, distributor, warrantor, guarantor, insurer, or contracting party.
DIY repairs and customer customizations do not automatically void the entire warranty, but damage caused by DIY work, third-party parts, aftermarket parts, improper installation, incompatible components, or modifications is not covered.
Unless the manufacturer provides different written instructions, you agree to charge the Product’s battery to full at least once every sixty days and balance the battery cells at least once every sixty days by leaving the Product connected to the OEM charger overnight after reaching full charge.
You are responsible for determining whether your insurance, lease, building rules, HOA rules, fire-code requirements, workplace rules, campus rules, storage rules, or other obligations permit and cover EUCs, PEVs, lithium-ion batteries, charging, and storage.
You waive and agree to cause your insurers to waive subrogation, reimbursement, contribution, indemnity, assignment, and recovery rights against NGM and the Released Parties for insured or insurable property losses to the fullest extent permitted by law.
Any included pads or similar accessories are optional, removable, uninstalled promotional accessories unless expressly stated otherwise.
NGM does not require, instruct, direct, induce, encourage, or recommend any particular accessory installation position, use configuration, aftermarket combination, or accessory placement.
NGM does not provide patent advice, non-infringement opinions, design-around opinions, customs opinions, import/export opinions, or legal advice.
You may not purchase, attempt to purchase, access, inspect, document, reverse engineer, claim-chart, or use any Product or website content for litigation, intellectual-property enforcement, reverse engineering, customs, regulatory, competitive, investigative, or adversarial purposes against NGM or against any EUC manufacturer, supplier, distributor, retailer, customer, service provider, importer, repair provider, warranty provider, or market participant without NGM’s prior written consent.
You agree to the releases, disclaimers, limitations of liability, indemnity obligations, arbitration agreement, class-action waiver, Arizona governing law, Arizona forum provisions, insurance/subrogation waiver, parent-company protections, optional accessory terms, intellectual-property terms, pre-suit notice terms, liquidated-damages provisions, and all other terms stated in these Terms.

46. Required Checkout Acknowledgment

NGM may require, and you agree that NGM may rely on, a checkout acknowledgment substantially similar to the following:

I agree to Next Gen Mobility’s Terms, including assumption of risk, release, warranty disclaimer, arbitration, insurance/subrogation waiver, and optional accessory/IP terms, and understand certain products involve inherent risks, including serious injury, death, fire, and property damage.

47. Contact Information

Questions about these Terms may be sent to:

Next Gen Mobility LLC
Email: support@nextgenmobility.org

Country/region