Terms of Use

Last Modified: September 19, 2025

1. Introduction.  Thank your interest in our Website and the mimo.fit exercise physical rehabilitation system (“Mimo System”). These Terms of Use outline the rights, responsibilities, and expectations for both mimo.fit Corporation, a Delaware corporation ("mimo.fit," "we," or "us") and you (“you” or “your”), as a user of our Website and, if applicable, purchaser of the Mimo System, regarding your access to and use of the website https://mimo.fit/ (the "Website") as well as purchase and use of the Mimo System. 

2. Acceptance of the Terms of Use.  PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU USE THE WEBSITE, INCLUDING FILLING OUT THE WAITING LIST QUESTIONNAIRE ON THE WEBSITE. BY USING THE WEBSITE, FILLING OUT OUR WAITING LIST QUESTIONNAIRE OR OTHERWISE AGREEING TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT https://mimo.fit/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE. 

THE WEBSITE AND SUBMISSION OF ANY INFORMATION OR PURCHASE AND USE OF THE MIMO SYSTEM IS AVAILABLE ONLY TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. BY USING THIS WEBSITE AND FILLING OUT OUR WAITING LIST QUESTIONNAIRE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MIMO.FIT. IF YOU DO NOT MEET THIS REQUIREMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE.  All users who are under the age of 18 are not permitted to use the Website or to fill out any questionnaire on the Website.

3. License. Subject to all of the terms and conditions herein, mimo.fit hereby grants you a limited, non-transferable, revocable, terminable, non-exclusive license, without the right to sublicense, to access and use the Website for your personal purposes.  The term of your license shall end upon your or mimo.fit’s termination of the agreement represented by these Terms of Use. 

4. Accessing the Website.  We reserve the right to withdraw or amend this Website or other materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

5. Mimo System.  The Mimo System is an exercise physical rehabilitation system for patients with neurodegenerative conditions. The Mimo System consists of a software application and bluetooth-connected lighted pods.   The Mimo System may have limited quantities and is subject to return or exchange only according to our Consumer Warranty.  We have made every effort to display as accurately as possible the colors and images of the Mimo System that appear on our Website.  We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

6. Purchasing Mimo System.  Your orders for the Mimo System each constitute an offer to purchase the Mimo System and is subject to mimo.fit’s acceptance, which may be rejected at any time and for any reason at mimo.fit’s discretion. If mimo.fit rejects your offer, mimo.fit will, as your sole and exclusive remedy and mimo.fit’s sole and exclusive liability, refund the amount you paid.  mimo.fit will send you an email to the address provided by you once we ship the Mimo System to you to indicate our acceptance of your order. If you have any questions, comments, or concerns regarding mimo.fit’s order acceptance policy, or if you believe that your order was rejected in error, please contact mimo.fit at info@mimo.fit. If you do not provide your shipping information within 30 days of mimo.fit’s request, mimo.fit may, at its sole discretion, provide you with a full refund of the amount you paid or continue to attempt to contact you. mimo.fit will make reasonable efforts to contact you to provide a refund after that 30-day period. However, if mimo.fit is not able to process your refund (for example, due to a cancelled credit card or closed PayPal account), then mimo.fit will treat the amount that you paid as unclaimed property in accordance with applicable law.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7. Ownership and Intellectual Property. The Mimo System and our Website and its entire contents, features, and functionality are owned by mimo.fit, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  

8. Termination.   We may terminate the agreement represented by these Terms of Use or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use, with or without notice, effective immediately.

9. Changes to the Website.  We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

10. Information About You.  All information regarding you which we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your usage information in compliance with the Privacy Policy.     

11. Geographic Restrictions.  mimo.fit is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12. Consumer Warranty.  The Mimo System is subject to a consumer warranty detailed at https://mimo.fit/warranty/ (“Consumer Warranty”).  

13. Disclaimer of Warranties.  EXCEPT AS PROVIDED IN THE CONSUMER WARRANTY, THE MIMO SYSTEM DELIVERED TO YOU IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  IN NO CASE SHALL MIMO.FIT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE MIMO.FIT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MIMO.FIT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MIMO.FIT, EVEN IF ADVISED OF THEIR POSSIBILITY.  YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PROVIDED BY LAW, MIMO.FIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  THE MIMO SYSTEM IS PROVIDED FOR PERSONAL USE ONLY AND DOES NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU SHOULD MAKE ALL MEDICAL OR HEALTH-RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. THE MIMO SYSTEM IS REGISTERED AS A CLASS I MEDICAL DEVICE BUT HAS NOT BEEN REVIEWED OR CLEARED BY THE US FDA, AND IS NOT CE-MARKED AS A MEDICAL DEVICE.

14. Limitation on Liability.  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MIMO.FIT, ITS AFFILIATES, ITS SUBSIDIARIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Governing Law and Jurisdiction.  All matters relating to the Website or otherwise and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, enforcement of arbitral awards hereunder and any action for intermediate injunctive relief pending arbitration of disputes shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Jose, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. ARBITRATION AGREEMENT.  ALL DISPUTES BETWEEN YOU AND MIMO.FIT SHALL BE DECIDED EXCLUSIVELY BY ARBITRATION. YOU AND MIMO.FIT AGREE TO PRIVATE ARBITRATION IN A FINAL AND BINDING MANNER, OF ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN YOU AND MIMO.FIT (INCLUDING ANY OF MIMO.FIT’S CURRENT OR FORMER OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE, OR INABILITY TO USE, THE WEBSITE, OR OTHERWISE. THE ARBITRATOR SHALL NOT HAVE ANY JURISDICTION TO HEAR ANY CLAIMS FOR CLASS ACTION REMEDIES OR OTHER ACTIONS WHERE YOU SEEK A RECOVERY FOR THE BENEFIT OF OTHERS. YOU IRREVOCABLY WAIVE THE RIGHT TO BRING SUCH REPRESENTATIVE CLAIMS AS FURTHER OUTLINED BELOW. THIS ARBITRATION SHALL BE GOVERNED BY AND UNDER THE COMMERCIAL ARBITRATION RULES OF JUDICIAL AND MEDIATION SERVICES (“JAMS”). THE COST OF THE ARBITRATION SHALL INITIALLY BE SHARED BY THE PARTIES; HOWEVER, THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ASSESS ARBITRATION COSTS IN FAVOR OF THE PREVAILING PARTY. SHOULD THE LAW PROHIBIT THIS, THEN YOUR OBLIGATIONS TO SHARE IN THE ARBITRATION COSTS SHALL BE MODIFIED SO AS TO COMPLY WITH LAW. THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO THE LAWS AND PROCEDURES FOR THE STATE OF CALIFORNIA AND/OR THE FEDERAL ARBITRATION ACT AND THE LAW TO BE APPLIED IN THE ARBITRATION SHALL EXCLUSIVELY BE THE LAWS OF THE STATE OF CALIFORNIA. ANY ARBITRATION AWARD MAY SUBSEQUENTLY BE CONFIRMED IN A COURT WITHIN THE STATE OF CALIFORNIA.

17. Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR OTHERWISE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Waiver and Severability.  No waiver by mimo.fit of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of mimo.fit to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

19. Entire Agreement.  The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and mimo.fit regarding the Website and your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding any of the foregoing. 

20. Your Comments and Concerns.  If you have questions, concerns, or wish to withdraw your consent, please contact mimo.fit at 679 Coleman Avenue, Menlo Park, CA  94025, by phone at (415) 568-8145 or by email at support@mimo.fit. 

21. ACKNOWLEDGEMENT.  BY USING THE WEBSITE, FILLING OUT OUR WAITING LIST QUESTIONNAIRE OR OTHERWISE AGREEING TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE WEBSITE.