Terms And Conditions

If you are resident in the United States, the terms below headed "For residents of the US" apply to your order. If you are resident in the European Union (the "EU"), please scroll down to the section headed "For residents of the EU" for the terms that apply to your order.

For residents of the US

Please read all of these terms and conditions (“Terms”) carefully before submitting your pre-order for Vi Earphones with AI Personal Trainer and/or the Vi Audio Workout Subscription (the “Product”). By submitting your pre-order or confirming your shipping address or Subscription, you agree to be legally bound by these Terms. As explained in these Terms in more detail: These Terms provide that all disputes related to these Terms will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement in Section 18 for the details regarding your agreement to arbitrate any disputes arising under these Terms. (See Section 18) By submitting your pre-order or Subscription confirmation, you are offering to purchase a Product from us. We may reject your offer and refund all amounts paid by you. (See Section 1) Specifications for our Products may change from the specifications currently published on our website. (See Section 4) Shipping of the Products may be significantly delayed. (See Section 5) Any warranty we make available for our Products will be published before we accept your offer to purchase the Product, and you will have the opportunity to rescind your offer and receive a full refund of all amounts you paid if the warranty terms are not to your liking. (See Section 11) Vi’s liability is limited. (See Sections 1 and 12)

Section 1 Pre-Order and Acceptance.

Each pre-order you submit for a Vi Earphone with AI Personal Trainer Product constitutes an offer to purchase that Product. Pre-orders are complete when you provide your shipping address to us. Completed pre-orders are subject to Vi's acceptance and may be rejected at any time and for any reason at Vi's discretion. If Vi rejects your offer, Vi will, as your sole and exclusive remedy and Vi’s sole and exclusive liability, refund the amount you paid as described in Section 4. Vi will send you an email to the address provided by you once Products are shipping to indicate whether your pre-order has been accepted or rejected. If you have any questions, comments, or concerns regarding Vi’s pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact Vi at support@vitrainer.com. If you do not provide your shipping information within 30 days of Vi’s request, Vi may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. Vi will make reasonable efforts to contact you to provide a refund after that 30 day period, but if Vi does not receive a response from you within 90 days of Vi’s initial request for your shipping address, or if Vi is not able to process your refund after that 30 day period (for example, due to a cancelled credit card or closed PayPal account), then Vi will treat the amount that you paid as unclaimed property in accordance with applicable law.

Section 2 Eligibility.

You must be at least 18 years old to offer to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

Section 3 Payment. Subscription Terms and Billing.

In order for your offer to be eligible for Vi’s acceptance, you must pay the amount for the Product elected by you as set forth on the Vi website by credit card through PayPal or any other payment method designated on our website. Payment does not guarantee acceptance of your pre-order.
3.1 Auto billing; Subscription Fees; Free Trial Terms. The Vi Audio Workout Subscription service (“Subscription”) is a paid, auto-renewing subscription. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic billing every month, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.
Your Subscription begins when you have completed the Free Trial sign-up process. At the end of your Free Trial period, you will begin to be billed automatically each month. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at any time during the Free Trial period, you will not be charged.
At certain times, we may offer special promotional offers that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
3.2 How to Cancel Your Subscription. To cancel your Subscription, you will need to log into your iTunes or Google Play account and manage your Subscription through their account portal.

Section 4 Refunds.

We want you to be totally happy with the Product, but please be aware that the specifications for the Products may change prior to shipping. If you request a refund at any time before we accept your pre-order, we will process it promptly, and we will refund the full amount you paid. Once you provide your shipping address and we have accepted your offer, the policy in the immediately preceding sentence no longer applies. Instead, Vi’s refund policy and limited warranties will apply. The Vi refund policy will be published on the Vi website at the time when Vi begins shipping Products (“Refund Policy”). If you sign up for a Free Trial in connection with the Audio Workout Subscription, you will not be billed provided you cancel within the Free Trial Period. We do not offer partial month refunds for monthly Subscription cancellations. For further information on Vi’s limited warranties, please see Section 11 of these Terms. Promotional Items. From time to time, Vi will offer a special promotional item with a pre-order. Due to limited availability, these items are only available while supplies last. If pre-order is cancelled, customer will be charged the suggested retail price of the promotional items. Standard return policy applied to promotional items.

Section 5 Shipping and Delay.

The Products are not ready for delivery. Shipping will commence no sooner than January 1, 2017, and may commence substantially later. Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Product, Vi may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.

Section 6 Transfer of Risk and Title.

Risk of loss of the Product passes to you on Vi’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility. Taxes. Except in the case of sales tax for residents of the State of New York, U.S.A., all import duties, taxes, and other charges are not included in the Product price or shipping cost. These charges are your responsibility. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your pre-order. If you have already placed a pre-order and discovered that such taxes make your pre-order untenable for you, please contact Vi Support to rescind your pre-order, and we will refund the amount you paid in connection with your pre-order in full.

Section 7 Export Control.

You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if Vi ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government; (ii) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold Vi harmless against all claims, damages, or liability resulting from breach of the foregoing.

Section 8 Use of the Product; Vi Service.

You represent that the Product you have offered to purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. If you rescind your offer prior to our acceptance of it, we will refund to you the full amount you paid in connection with your offer.

Section 9 Intellectual Property.

Vi and its licensors own all intellectual property rights in the Products. If Vi accepts your pre-order for a Product, you will acquire no interest or rights in Vi’s intellectual property, and your use of the Product will be subject to the Vi Terms of Service and other additional license terms and restrictions that will be provided together with the Product. Vi reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.

Section 10 Limited Warranty and Disclaimer.

Vi will be providing the details of its limited warranties for Products on Vi’s website at vitrainer.com/pages/warranty before Vi requests your shipping address and accepts your offer to purchase. By providing your shipping address to us, you acknowledge and agree that you have reviewed the limited warranty for the Product you offered to purchase, and that you accept that limited warranty. Vi will also provide the warranty terms for a Product together with the shipped Product. If you are dissatisfied with the warranty terms once published, you may contact Vi Support to rescind your pre-order and we will refund the amount you paid in connection with your pre-order in full. EXCEPT AS MAY BE EXPRESSLY PROVIDED BY Vi IN THE WARRANTY APPLICABLE TO A PRODUCT AT THE TIME THE ORDER FOR THE PRODUCT IS ACCEPTED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND Vi HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Vi DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. Vi DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.

Section 11 Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL Vi BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Vi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of Vi and its affiliates and suppliers to you for all claims arising out of or related to these Terms or your use or inability to use a Product will not (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid to Vi for that Product. These limitations will apply even if the above stated remedy fails of its essential purpose. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties.

Section 12 Indemnity.

You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Vi and its officers, directors, employees, agents, affiliates, and suppliers (“Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. Force Majeure. If Vi accepts your offer to purchase a Product, Vi will not be liable to you for any delay, including any delay due to an event beyond Vi’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of Vi’s control.

Section 13 Privacy.

We describe all policies related to our collection and use of data in our Privacy Policy, which is incorporated by reference. We will significantly modify our Privacy Policy before we begin accepting pre-orders for and shipping Products, and will post the new Privacy Policy in the same location. If you do not agree with the Privacy Policy, you may request a refund before you provide your shipping information. If you have any questions or concerns regarding your privacy, please contact us.

Section 14 Modification of these Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your pre-order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

Section 15 Controlling Law and Severability.

These Terms will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.

Section 16 Arbitration.

Generally. In the interest of resolving disputes between you and Vi in the most expedient and cost effective manner, you and Vi agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Vi ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Section 17 Exceptions.

Despite the provisions of Section 18(f), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Section 18 Arbitrator.

Any arbitration between you and Vi will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Vi.

Section 19 Process.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Vi’s address for Notice is: Vi, Inc., 250 Greenwich St; 46th Floor; New York, NY 10007, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Vi may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Vi must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Vi will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Vi in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

Section 20 Fees.

If you commence arbitration in accordance with these Terms, Vi will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, USA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Vi for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. No Class Actions. YOU AND Vi AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Vi agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Section 21 Modifications to this Arbitration Provision.

If Vi makes any future change to this arbitration provision, other than a change to Vi’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Vi’s address for Notice, in which case your account with Vi will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. Enforceability. If Section 18(f) is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

Section 22 Consent to Electronic Communications.

By submitting your pre-order or Subscription confirmation, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Section 23 General.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Vi regarding your offer to purchase a Product and the other matters described in these Terms. These Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive, including Sections 3, 4, and 7-19. While the Company constantly endeavors to provide accurate pricing information, pricing or typographical errors may still occur with respect to the Products or Services. The Company reserves the right to modify prices with respect to any such Products or Services without advance notice either prior to or after receipt of an order confirmation. Unintentional errors in advertised prices are not binding on the Company or this Website, and may be modified by the Company at any time. In the event that a Product or Service or any other transaction conducted via this Website is listed at an incorrect price due to an error in pricing, the Company shall have the right, at its sole and absolute discretion, to refuse or cancel any orders placed for such Product or Service. In the event that a Product or Service is mispriced, the Company may, at its and absolute discretion, either contact you for instructions or cancel your order and notify you of such cancellation, it being clarified that the Company shall have no further obligations towards you with respect thereto. Contact Information. Vi, Inc. is located at 250 Greenwich St; 46th Floor; New York, NY 10007, USA. You may contact us by sending correspondence to that address or by emailing us at support@vitrainer.com  

For residents of the EU

The following terms (these "Terms") tell you information about us and set out the legal terms on which we sell the Vi Earphones with AI Personal Trainer and/or the Vi Audio Workout Subscription (the "Product") to you from our website (the "Website"). Please read these Terms carefully and make sure that you understand them before ordering the Products from our Website. Please note that by ordering the Products online, you agree to be bound by these Terms. If you refuse to accept these Terms, you will not be able to order the Products from our Website. Contact Information. Vi, Inc. (“we”, “us” or “Vi”) is located at 250 Greenwich Street, Floor 46, New York NY 10007 and with EIN number 47-5230239. You may contact us by sending correspondence to that address, by emailing us at support@vitrainer.com. If you order Products from our Website and we accept your order in accordance with Section 1 below, this will form a "Contract" between us and you on these Terms. We will not file copies of any Contract between you and us so we recommend that you print or save a copy of these Terms from time to time, although the Terms applicable at the time you place an order will apply to the Contract related to that order. Please check the Website each time you order the Products to ensure that you understand the legal terms that will apply to the Contract at that time. Your use of the Website is governed by the Website Terms of Use (available at Terms of Use). Please take the time to read the Website Terms of Use as they include important information and terms which apply to you. If you do not accept the Website Terms of Use, you are not permitted to use our Website.

Section 1 Order and Acceptance.

To order a Product, please follow the order process set out on the Website. Each order you submit for a Product constitutes an offer to purchase that Product. Completed orders are subject to Vi’s acceptance and may be rejected at any time and for any reason at Vi’s discretion. If Vi accepts your order, Vi will take payment for the price of the Product as set out during the order process and will send you an email to confirm that the order has been accepted. If you have any questions, comments, or concerns regarding Vi’s order acceptance policy, or if you believe that your pre-order was rejected in error, please contact Vi at support@vitrainer.com. If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled and we will notify you of this using the contact details you provided during the order process. You should check all of the information that you enter during the order process and correct any errors before submitting your order, as once your order is submitted we will begin processing it immediately and you may not be able to correct any errors. All Products shown on our Website are subject to availability. We will inform you by email as soon as practicable (and prior to the formation of a Contract for those Products in accordance with the above) if a Product that you have ordered is unavailable. If a Product you have ordered is unavailable, we will not process your order for that Product.

Section 2 Eligibility.

You must be at least 18 years old to offer to purchase a Product. By agreeing to these terms, you confirm to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organisation, or company, you confirm that you have the authority to bind that organisation to these Terms and you agree to be bound by these Terms on behalf of that organization.

Section 3 Payment. Subscription Terms and Billing.

In order to pay for a Product, you must pay the price set out during the order process by credit card, through PayPal or any other payment method designated on the Website during the order process. The price of each Product in your order will be as quoted on our Website during the order process from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. We will deal with any pricing errors as follows: (A) if we discover an error in the price of the Products you have ordered prior to us accepting your order, then we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled; and (B) if we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

3.1 Auto billing; Subscription Fees; Free Trial Terms. The Vi Audio Workout Subscription service (“Subscription”) is a paid, auto-renewing subscription. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic billing every month, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.
Your Subscription begins when you have completed the Free Trial sign-up process. At the end of your Free Trial Period, you will begin to be billed automatically each month. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at any time during the Free Trial period, you will not be charged.
At certain times, we may offer special promotional offers that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
3.2 How to Cancel Your Subscription. To cancel your Subscription, you will need to log into your iTunes or Google Play account and manage your Subscription through their account portal.

Section 4 Shipping and Delay.

The delivery period for any Product ordered by you will be set out during the order process. We list shipping charges for each country on our Website during the order process, and you must pay all shipping charges for the location of the address you provide. Save for VAT which is included in the price set out during the order process, you must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted order are higher than the shipping costs you paid at the time that you offered to purchase a Product, Vi may, in its sole discretion, require you to pay additional shipping fees. If you do not want to pay such additional shipping fees, you may cancel your order and we will refund to you the full amount you paid for the cancelled order.

Section 5 Transfer of Risk and Title.

Risk of loss of the Product passes to you on Vi’s delivery of the Product to you, and you are responsible for any loss or damage to the Product from that point. Title to the Product passes to you once we have received payment from you for the Product.

Section 6 Export Control.

You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if Vi ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You confirm that you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government; (ii) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will be liable to us for all claims, damages, or liability suffered by us resulting from breach of the foregoing.

Section 7 Use of the Product; Vi Service.

You confirm that the Product you have offered to purchase is for your own use. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. If you rescind your offer prior to our acceptance of it, we will refund to you the full amount you paid in connection with your offer.

Section 8 Intellectual Property.

Vi and its licensors own all intellectual property rights in the Products. If Vi accepts your order for a Product, you will acquire no interest or rights in Vi’s intellectual property other than a limited licence to use such rights in your use of the Product. Vi reserves all rights in and to the Products not granted expressly in these Terms.

Section 9 Limited Warranty and Disclaimer.

Vi provides a limited warranty for its Product as set out at https://www.vitrainer.com/pages/warranty at the time you place your order. Such warranty is in addition to, and not a replacement of, your statutory rights. It is important to us that you are satisfied with the Products that you purchased from us but: (A) if the Product(s) you purchased is faulty or mis-described you may have the legal right to end the contract as set out in Section 10 below; or (B) if you have just changed your mind about the Products you have purchased, you may be able to exercise your right to change your mind under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013 as set out in Section 11 below.

Section 10 Faulty or mis-described Products.

In the unlikely event that a Product we sell to you is faulty or mis-described, you may have legal rights to receive a refund in relation to that Product. These legal rights are not affected by these terms. Advice about your legal rights is available from your local or national consumer protection body.

Section 11 Right to cancel.

You have a legal right to change your mind and cancel a contract between you and us within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail below. Please note that the right to change your mind does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised). The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. You may cancel the Contract in respect of all Products delivered or in respect of certain of the Products only. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order. To exercise the right to cancel, you must inform us of your decision to cancel the Contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is using the contact details set out above. You may use the following model cancellation form but you are not required to do so:
Model Cancelation Form
To: Vi, Inc., 250 Greenwich Street, Floor 46, New York NY 10007
E-mail address: support@vitrainer.com 
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*,
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
Date
(*) Please delete if not applicable
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired. We will send you an acknowledgement of receipt of your notice to cancel by email. If you cancel the Contract with us, we will refund you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted below). We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any refund (you are entitled to from us) for such loss in value of any Products we supply. We will make the refund without undue delay, and not later than: (a) 14 days after the day we receive back the returned Product(s) (and, if applicable, product samples) from you; (b) (if earlier) 14 days after the day you provide evidence that you have returned the Product(s) (and, if applicable, product samples); or (c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We may withhold any refund until we have received the Product(s) (and, if applicable, product samples) back or you have supplied evidence satisfactory to us of having sent back the Product(s) (and, if applicable, product samples), whichever is the earliest.

Section 12 How to return a Product.

If you wish to exercise your rights to a refund under these terms, please contact our Customer Support Team, who will send you a prepaid shipping label for the Product to be returned free of charge to one of the following addresses: (A) Vi, Inc., 250 Greenwich Street, Floor 46, New York NY 10007; (B) Logistech US, ATTN; Vi Returns, 1800 Quality Drive, Wilson, NC 27893; or (C) Vi Technologies LTD, 2F Raoul Wallenberg, City: Tel Aviv, P.O.B: 13083, Zip: 6113002, Israel. You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you keep proof of postage (where applicable). We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive. We will process the refund using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the refund.

Section 13

If you breach any of these terms, we may immediately do any or all of the following (without limitation): (A) cancel your order and refund you any amounts you have paid to us; (B) issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); (C) take further legal action against you; and/or (D) disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

Section 14 Limitation of Liability.

We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We only supply Products for domestic and private use. You agree not to use the Products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not in any way exclude or limit our liability where it would be unlawful to do so, including for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of your legal rights in relation to the Products that cannot be excluded or limited by law, including the right to receive Products which are as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, fit for any particular purpose made known to us and supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987. Save as set out in the foregoing, our maximum liability to you under a Contract will be limited to the value of that Contract (which includes any delivery charges) as set out in the relevant confirmation.

Section 15 Your liability.

You alone are responsible for the manner in which you use the Product. You shall by liable to us and our officers, directors, employees, agents, affiliates, and suppliers from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your violation of any portion of these Terms or any applicable law or regulation. Force Majeure. If Vi accepts your offer to purchase a Product, Vi will not be liable to you for any delay due to an event beyond Vi’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality. If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date or delivery period with you after the event outside of our reasonable control is over.

Section 16 Privacy.

We describe all policies related to our collection and use of data in our Privacy Policy, which is incorporated by reference. If you have any questions or concerns regarding your privacy, please contact us.

Section 17 Modification of these Terms.

We reserve the right, at our discretion, to change these terms on a going-forward basis at any time, save that no changes will apply to any contract between us that has already been formed. Please check these terms periodically for changes.

Section 18 Governing law.

These terms are governed by English law. This means your purchasing of the Products, and any dispute or claim arising out of or in connection therewith, will be governed by English law. You can bring proceedings in respect of these terms in the English courts. However, as a consumer, if you live in a different EU member state, you may be able to bring legal proceedings in the courts of that member state. As a consumer resident in the EU, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms, including the governing law clause above, affects your rights as a consumer to rely on such mandatory provisions of local law. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.

Section 19 Consent to Electronic Communications.

By submitting your order or Subscription confirmation, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Section 20 General.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Use of section headers in these terms is for convenience only and will not have any impact on the interpretation of any provision. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive, including (without limitation) Sections 8 and 14 to 20 (inclusive). We may transfer our rights and obligations under the Contract to another organisation, however, this will not affect your rights or our obligations under these Terms. The Contract is between you and us. Save as set out above, no other person shall have any rights to enforce any of its Terms. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.