Terms and Conditions and Release of Liability

IMPORTANT: PLEASE READ CAREFULLY. WE ARE RIDERS, AND WE WANT YOU TO STAY SAFE. BY PURCHASING FROM NEXT GEN MOBILITY LLC, YOU AGREE TO THESE TERMS, WHICH INCLUDE A COMPREHENSIVE RELEASE OF LIABILITY, A WAIVER OF YOUR RIGHT TO SUE, AND MANDATORY ARBITRATION IN SOUTH DAKOTA.

Last updated: February 15, 2026

OVERVIEW

Welcome to Next Gen Mobility LLC, a wholly-owned subsidiary of NGM Holdings LLC. We are passionate about the future of Personal Electric Vehicles (PEVs). Throughout this site, the terms “we”, “us” and “our” refer to Next Gen Mobility LLC. We offer this website and our products to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

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SECTION 1 - ASSUMPTION OF RISK AND WAIVER OF LIABILITY

BY PURCHASING AND USING PRODUCTS FROM NEXT GEN MOBILITY LLC, YOU EXPLICITLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

Inherently Risky Activity: You acknowledge that riding Electric Unicycles (EUCs) and other Personal Electric Vehicles (PEVs) is an inherently dangerous activity that involves significant risks, including but not limited to: high-speed falls, collisions with vehicles or pedestrians, loss of control, and environmental hazards.

Specific Mechanical Risks: You acknowledge the risk of "cut-outs" (sudden loss of motor power), software glitches, structural failure, or battery malfunction which can occur without warning and result in immediate ejection from the vehicle.

Risk of Serious Injury or Death: You expressly acknowledge that these risks may result in serious bodily injury, permanent disability, paralysis, and death.

Voluntary Participation & Comprehensive Release: You are engaging in this activity voluntarily and with full knowledge of the risks involved. You hereby release, waive, and discharge Next Gen Mobility LLC, NGM Holdings LLC, their owner(s), officers, agents and employees from any and all liability for personal injury, death, or property damage, even if arising from the ordinary negligence of Next Gen Mobility LLC or defects in the product.

Safety Gear: You agree that you are solely responsible for wearing appropriate protective gear, including but not limited to a DOT/ECE-rated full-face helmet, wrist guards, knee pads, and elbow pads. Next Gen Mobility LLC is not liable for injuries sustained due to a failure to wear protective gear.

SECTION 2 - OUR PHILOSOPHY: SUPPORT, REPAIR, AND COMMUNITY

At Next Gen Mobility, we are on your side. We believe in the Right to Repair and the DIY spirit of the EUC community.

Our Support Commitment: We commit to providing excellent after-sales support, technical guidance, and parts procurement at the lowest possible cost to ensure your device stays on the road. We act as your primary liaison for manufacturer warranties to take the "headache" out of the process for you.

Allowed Maintenance: We encourage user-performed maintenance (tire changes, shell swaps, etc.) when done according to manufacturer specs. However, the final safety of any DIY repair rests solely with you, the user.

Unsafe Modifications: To keep everyone safe and our business sustainable, any electronic tampering (e.g., shunt modifications, bypassing BMS safety features, or motor/controller logic hacks, custom firmware) constitutes a material breach of these Terms. Such actions immediately terminate our liability and void manufacturer warranties.

Assumption of Risk for DIY: The user accepts 100% of the risk for any injury or failure resulting from DIY repairs or customizations. While we provide guidance, the final execution and safety of the repair rests solely with the user.

SECTION 3 - "MERE DISTRIBUTOR" STATUS AND LIMITATION OF REMEDIES

Retailer Status Only: You explicitly acknowledge and agree that Next Gen Mobility LLC (NGM) acts solely as a third-party retail distributor and is NOT the manufacturer of the products sold on this website.

No Control Over Design or Code: NGM does not design, engineer, program, or manufacture the hardware, firmware, or software of the devices. NGM has no control over the factory assembly or internal quality control processes of the original manufacturer.

Promotional Access Only: You acknowledge that NGM may open factory packaging solely for the purpose of inserting promotional materials, stickers, or "free gifts." Opening the packaging for promotional purposes does not constitute a safety inspection, mechanical audit, or re-certification of the product. NGM does not perform internal stress-tests on the electrical components of factory-packaged units unless specifically contracted for professional service labor.

Exclusive Remedy: In the event of a product defect—including design defects, manufacturing defects, or failure-to-warn claims—you agree that your exclusive legal remedy lies solely with the original manufacturer and not with Next Gen Mobility LLC or NGM Holdings LLC.

SECTION 4 - BATTERY SAFETY AND HIGH-PERFORMANCE CHARGING

Thermal Risk: EUCs contain high-voltage lithium-Ion batteries. You agree to never leave the device charging unattended, never charge a damaged device, and to follow all safety protocols.

High-Speed Charging: We sell high-performance chargers because we know you want to get back on the trail fast. However, these are professional tools. You assume all liability for ensuring voltage/amperage compatibility. Next Gen Mobility LLC is not liable for fire or property damage resulting from the use of any charging equipment, whether stock or aftermarket.

SECTION 5 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Next Gen Mobility LLC, NGM Holdings LLC (our parent), affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This indemnification explicitly includes any claims brought by your family members, estate, or insurance providers in the event of your injury or death.

SECTION 6 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 7 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 9 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 10 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 13 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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 Next Gen Mobility LLC, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to principles of conflicts of law. You explicitly agree that any legal action, suit, or proceeding arising out of or relating to these Terms or the products sold shall be instituted exclusively in the state or federal courts located in South Dakota.

SECTION 23 - MANDATORY ARBITRATION AND CLASS ACTION WAIVER

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the products (collectively, “Disputes”) will be settled by binding arbitration in South Dakota, rather than in court. YOU AND NEXT GEN MOBILITY LLC 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.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@nextgenmobility.org.