0. About these Terms
These Terms of Service ("Terms") govern your access to and use of the RoboWear marketplace, including the website at optimumrobowear.com, the 3D try-on studio, checkout, and related services (collectively, the "Platform"). The Platform is operated by [ENTITY NAME], a [STATE] [entity type — e.g., limited liability company] ("RoboWear," "we," "us," or "our").
RoboWear operates an online marketplace that connects buyers ("Buyers," "you") with independent third-party sellers ("Vendors" or "Makers") who offer physical apparel and accessories designed for humanoid robots (including, without limitation, Tesla Optimus, Unitree G1, and 1X NEO) and for robot vacuums.
Company registration is being finalized; the operating entity name and governing state (shown as [ENTITY NAME] / [STATE] below) will be filled before real-money checkout opens. These Terms are effective as written.
Read this carefully. These Terms include a binding arbitration agreement and a class-action waiver (Section 16) that affect your legal rights, and disclaimers and limitations of liability (Sections 13–14).
1. What RoboWear Is — and Is Not
1.1 We are the venue and payment facilitator, not the maker. RoboWear provides the storefront, product listings, the 3D try-on studio, search, checkout, payment processing, sales-tax handling, and dispute mediation. Vendors — not RoboWear — design, manufacture, make-to-order, pack, and ship the physical products. Each product is sold by the Vendor identified on its listing.
1.2 Marketplace facilitator. RoboWear acts as a marketplace facilitator and the merchant of record for transactions on the Platform. We collect payment from Buyers, calculate and collect applicable sales/use tax, remit that tax to the appropriate authorities where we are obligated to do so, and route the remaining proceeds to Vendors (less any applicable platform fees) through our payment processor.
1.3 No agency or partnership. Vendors are independent businesses. RoboWear is not the agent, partner, employer, or joint venturer of any Vendor, and a Vendor is not our agent. No Vendor can bind RoboWear, and we cannot bind a Vendor, except as expressly stated in these Terms.
1.4 We do not manufacture, inspect, or endorse products. Except where expressly stated, RoboWear does not manufacture, store, inspect, test, or independently verify any Vendor product, and does not guarantee the quality, safety, legality, fit, or accuracy of any listing. Your purchase is a contract for goods between you and the Vendor, facilitated by RoboWear.
1.5 House products — where RoboWear IS the seller. Some products are offered by RoboWear itself rather than by a third-party Vendor. These are listed under the RoboWear name on the product page. At launch, the entire catalog consists of RoboWear house products. For any house product:
- RoboWear is the seller and your counterparty. Your contract for the goods is with RoboWear, not with a Vendor. The Vendor-allocation language in §1.1 and the disclaimer in §1.4 do not apply to house products.
- RoboWear is responsible for the product's description, fit information, quality, and fulfilment, and handles returns, defects, and support directly.
- House products are made to order for a specific robot model and size. See the Returns Policy §1.7 — change-of-mind returns are not available on made-to-order goods, while defects, damage, and not-as-described remain fully covered.
Where a listing does not name a third-party Vendor, treat it as a house product governed by this §1.5.
2. Eligibility and Accounts
2.1 Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Platform. The Platform is intended for users in the United States.
2.2 Account registration. You may need to create an account to place orders. You agree to provide accurate, current, and complete information and to keep it updated.
2.3 Account security. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at [[email protected]] of any unauthorized use.
2.4 Suspension and termination. We may suspend, limit, or terminate your account or access to the Platform at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us or a Vendor, or engaged in fraudulent or unlawful conduct.
3. Acceptance of Terms (Clickwrap)
3.1 By clicking "I agree," checking an acceptance box, creating an account, or placing an order, you affirm that you have read, understood, and agree to be bound by these Terms and our [Privacy Policy]. If you do not agree, do not use the Platform.
3.2 Your continued use of the Platform after we post changes (Section 17) constitutes acceptance of the revised Terms for transactions occurring after the effective date of the change.
4. Listings, Pricing, and Product Information
4.1 Vendor-supplied content. Product descriptions, images, specifications, compatibility claims, materials, sizing, and 3D try-on assets are supplied or authorized by Vendors. RoboWear does not warrant that this content is accurate, complete, reliable, or error-free.
4.2 Platform-controlled pricing. RoboWear controls and displays the final price charged at checkout, including any platform-determined adjustments, promotions, fees, shipping charges, and taxes. Prices are shown in U.S. dollars unless stated otherwise.
4.3 Errors. We reserve the right to correct pricing or listing errors and to cancel any order placed at an incorrect price, even after an order is confirmed. If we cancel for this reason, we will refund any amount charged.
4.4 Availability. Products are typically made to order by the Vendor. Listing a product does not guarantee availability, and a Vendor may be unable to fulfill an order.
4.5 3D try-on studio. The 3D try-on studio is provided for illustrative purposes only. Rendered fit, scale, color, drape, and appearance are approximations and may differ from the physical product and from the actual fit on your robot. The studio is not a guarantee of compatibility or fit.
5. Orders and Buyer–Vendor Contract
5.1 Offer and acceptance. Your submission of an order is an offer to purchase. A contract of sale forms between you and the Vendor when the order is accepted (e.g., when RoboWear confirms the order or the Vendor begins fulfillment). RoboWear facilitates this contract but is not a party to the sale of goods.
5.2 Order confirmation. Order confirmations are shown on the checkout confirmation page and your order page; confirmation emails start at launch. Confirmation reflects receipt of your order, not a guarantee of fulfillment.
5.3 Cancellations. Because products are typically made to order, cancellation windows are limited and may be governed by the Vendor's stated policy on the listing. Once a Vendor begins production, an order may not be cancellable.
6. Payments (Stripe) and Taxes
6.1 Payment processing. Payments are processed by Stripe, Inc. and its affiliates. By providing payment information, you authorize RoboWear (as merchant of record) and Stripe to charge your selected payment method for the total order amount, including products, shipping, and applicable taxes. Your use of Stripe is also subject to Stripe's applicable terms and privacy policy.
6.2 Vendor payouts (Stripe Connect Express). Vendor payouts are handled through Stripe Connect Express. Vendors complete their own identity verification ("KYC"), onboarding, and tax/banking setup directly with Stripe. RoboWear does not control or guarantee Stripe's verification of any Vendor.
6.3 Platform fees. RoboWear may charge Vendors a platform fee or commission. Founding Vendors pay 0% commission per their separate Vendor agreement. Buyer-facing charges are limited to the displayed product price, shipping, and taxes unless otherwise disclosed at checkout.
6.4 Sales and use tax. As a marketplace facilitator, RoboWear calculates, collects, and remits applicable sales/use tax on taxable transactions where we are required to do so. The tax shown at checkout is an estimate based on available information and may be adjusted to comply with law.
6.5 Tax reporting (1099-K). Because RoboWear controls pricing and processes payments as the facilitator, RoboWear (or its payment processor) — not the individual Vendor — issues IRS Form 1099-K to Vendors where required. This provision concerns Vendor tax reporting and does not affect Buyers.
6.6 Authorization and recurring charges. You represent that you are authorized to use the payment method provided and that the associated information is accurate.
7. Shipping, Delivery, and Risk of Loss
7.1 Vendor-fulfilled shipping. Vendors are solely responsible for production, packaging, carrier selection, shipping, and delivery. Shipping timeframes shown are Vendor estimates and are not guarantees.
7.2 Risk of loss. Unless otherwise required by applicable law or stated on the listing, title and risk of loss pass to you upon the carrier's receipt of the product from the Vendor (i.e., shipment). Claims for items damaged in transit may need to be directed to the carrier and/or the Vendor.
7.3 Shipping destinations. Available destinations are determined by each Vendor. We are not responsible for delays caused by carriers, customs, weather, or events outside a Vendor's control.
8. Returns, Refunds, and Dispute Mediation
8.1 Returns and refunds. Return and refund eligibility is governed primarily by the Vendor's policy displayed on the listing, subject to applicable consumer-protection law. Made-to-order items may be final sale where permitted by law.
8.2 Dispute mediation by RoboWear. If a dispute arises between you and a Vendor (e.g., item not received, not as described, defective), you may contact us at [[email protected]]. RoboWear will mediate in good faith and may, at our discretion, issue refunds, credits, or chargebacks consistent with our policies. Mediation is a service, not a guarantee of any particular outcome, and does not make RoboWear a party to or guarantor of the underlying sale.
8.3 Chargebacks. Initiating a chargeback with your card issuer without first attempting resolution through RoboWear may delay resolution. We reserve the right to dispute chargebacks we believe are improper.
9. Robot-Brand Trademark Posture — No Endorsement or Affiliation
9.1 Nominative use only. Products on the Platform are described as being "for" or "compatible with" specific robots (for example, "for Tesla Optimus," "for Unitree G1," "for 1X NEO"). These references are used nominatively, solely to identify the robot model a product is designed to fit.
9.2 No affiliation or endorsement. RoboWear and its Vendors are not affiliated with, sponsored by, endorsed by, or otherwise connected to Tesla, Inc., Unitree Robotics, 1X Technologies, or any other robot manufacturer. All product names, logos, and brands are the property of their respective owners, and their use does not imply any endorsement, partnership, certification, or approval.
9.3 Compatibility is not certification. A statement that a product is "for" a given robot reflects the Vendor's representation of intended compatibility. It is not a representation by the robot's manufacturer and is not a safety, warranty, or fitness certification by the manufacturer or by RoboWear.
9.4 Reporting concerns. Robot manufacturers and rights holders who believe a listing misuses their marks may contact us at [[email protected]].
10. Intellectual Property
10.1 Platform IP. The Platform, including its software, design, text, graphics, logos, and the "RoboWear" name and marks, is owned by RoboWear or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. No other rights are granted.
10.2 Vendor and user content. Vendors and users are responsible for content they submit (listings, images, reviews, 3D assets, etc.) and represent that they have the rights to submit it. By submitting content, you grant RoboWear a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute that content for operating and promoting the Platform.
10.3 No infringement. You may not post content that infringes others' intellectual property, privacy, or other rights, or that violates law.
11. Copyright Policy — DMCA Notice and Takedown
RoboWear complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and intends to qualify for its safe-harbor protections.
11.1 Designated agent. Notices of claimed copyright infringement should be sent to our Designated Copyright Agent:
[DMCA Agent Name] [ENTITY NAME] [Mailing Address] Email: [[email protected]] (RoboWear's designated agent is/will be registered with the U.S. Copyright Office.)
11.2 Takedown notices. A valid notice must include: (a) a physical or electronic signature of the rights owner or authorized agent; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location (URL); (d) your contact information; (e) a statement of good-faith belief that the use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.
11.3 Counter-notification. If your content was removed and you believe it was removed in error, you may submit a counter-notice to the Designated Agent containing the elements required by 17 U.S.C. § 512(g), including your consent to jurisdiction as provided by the statute. We may restore the content if the original complainant does not file suit within the statutory period.
11.4 Repeat infringers. RoboWear will, in appropriate circumstances, terminate the accounts of repeat infringers.
12. Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful, fraudulent, or deceptive purpose;
- Buy or attempt to buy products you intend to use unlawfully or unsafely;
- Infringe or misuse any intellectual-property, trademark, or privacy rights, including misrepresenting affiliation with any robot manufacturer or brand;
- Circumvent payment, fees, or taxes, or transact off-Platform to avoid them;
- Submit false, misleading, or fraudulent reviews, disputes, or chargebacks;
- Upload viruses, malware, or harmful code, or attempt to disrupt or overload the Platform;
- Scrape, harvest, reverse-engineer, or access the Platform by unauthorized automated means;
- Harass, threaten, or abuse Vendors, other users, or RoboWear personnel;
- Resell, copy, or exploit Platform content except as expressly permitted;
- Violate any applicable law or these Terms.
We may remove content and suspend or terminate access for violations.
13. Disclaimers
13.1 "As is." THE PLATFORM AND ALL PRODUCTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
13.2 No product warranty by RoboWear. RoboWear is the venue and payment facilitator, not the maker. Any product warranty, if any, is provided by the Vendor. RoboWear does not warrant that any product will fit, function with, or be safe for use on any robot, or that the 3D try-on rendering reflects the physical product.
13.3 No uptime guarantee. We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that defects will be corrected.
13.4 Robot safety. You are responsible for determining whether any product is appropriate and safe for your specific robot, environment, and use. Follow your robot manufacturer's guidance. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
14. Limitation of Liability
14.1 Exclusion of certain damages. TO THE FULLEST EXTENT PERMITTED BY LAW, ROBOWEAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR DAMAGE TO ROBOTS OR PROPERTY, ARISING FROM OR RELATING TO THE PLATFORM, ANY PRODUCT, OR THESE TERMS.
14.2 Liability cap. TO THE FULLEST EXTENT PERMITTED BY LAW, ROBOWEAR'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM OR A TRANSACTION WILL NOT EXCEED THE **GREATER OF (a) THE AMOUNT OF PLATFORM FEES RETAINED BY ROBOWEAR ON THE TRANSACTION GIVING RISE TO THE CLAIM, OR (b) [$100].
14.3 Vendor responsibility. Claims relating to the manufacture, quality, safety, fit, shipping, or IP of a product are the responsibility of the Vendor, not RoboWear.
14.4 Basis of the bargain. These limitations are an essential basis of the bargain and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Indemnification
You agree to defend, indemnify, and hold harmless RoboWear and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Platform, (b) your violation of these Terms or law, or (c) content you submit. This does not require you to indemnify RoboWear for its own gross negligence or willful misconduct where prohibited by law.
16. Dispute Resolution — Arbitration and Class-Action Waiver
PLEASE READ — THIS AFFECTS YOUR LEGAL RIGHTS.
16.1 Informal resolution first. Before filing a claim, you agree to contact us at [[email protected]] and attempt to resolve the dispute informally for at least 30 days.
16.2 Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Platform will be resolved by final and binding arbitration administered by [AAA / JAMS] under its applicable rules, conducted in [COUNTY, STATE] or, at your election, your home jurisdiction where permitted. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
16.3 Class-action waiver. Disputes will be arbitrated only on an individual basis. You and RoboWear waive any right to a jury trial and to bring or participate in a class, collective, or representative action.
16.4 Exceptions. Either party may bring a claim in small-claims court or seek injunctive relief for intellectual-property or unauthorized-use claims.
16.5 Opt-out. You may opt out of this arbitration agreement by sending written notice to [[email protected]] within 30 days of first accepting these Terms.
16.6 Disputes with Vendors. Disputes about the goods themselves are between you and the Vendor; RoboWear's role is limited to the mediation described in Section 8.
17. Governing Law
These Terms and any dispute are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules, and, where applicable, by federal law (including the Federal Arbitration Act and the DMCA). Subject to Section 16, the exclusive venue for any permitted court action is the state and federal courts located in [COUNTY, STATE].
18. Privacy
Your use of the Platform is subject to our [Privacy Policy], which describes how we collect, use, and share personal information. We honor applicable privacy rights, including under the California Privacy Rights Act (CPRA) and other U.S. state privacy laws (e.g., the right to know, delete, correct, and opt out of the sale/sharing of personal information). California residents may exercise these rights as described in the Privacy Policy.
19. Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms with a new "Last updated" date and, for material changes, provide reasonable notice (e.g., by email or in-Platform notice). Changes apply prospectively to transactions occurring after the effective date. Your continued use after the effective date constitutes acceptance.
20. General
20.1 Entire agreement. These Terms, the Privacy Policy, and any policies referenced herein are the entire agreement between you and RoboWear regarding the Platform.
20.2 Severability. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary.
20.3 No waiver. Our failure to enforce any provision is not a waiver.
20.4 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
20.5 Force majeure. Neither party is liable for failures caused by events beyond reasonable control.
20.6 Headings. Headings are for convenience only.
21. Contact
[ENTITY NAME] Attn: Legal [Mailing Address] General support: [[email protected]] Legal / disputes: [[email protected]] Copyright / DMCA agent: [[email protected]] Trademark / IP concerns: [[email protected]]
Last updated: [DATE]