Terms

ErgoFlo is a student business project, not a company. No business entity has been formed. Preorders placed here are taken by the students named on this site, personally, for a product that has not been built yet. We collect your email address and, if you preorder, your name and shipping address. Card details go directly to Stripe and never touch our servers. There is no company, corporation, or limited liability company behind ErgoFlo, and nothing on this site should be read as claiming otherwise.

ErgoFlo is a student project, not a company, and no business entity has been formed. The people named on this site are students working on a design together. Nothing on this site creates a partnership, joint venture, agency relationship, or any ownership interest, and no one named here has authority to enter into obligations on anyone else's behalf.

Read this before you pay us anything. No adult is currently named as the seller of record, and the people who run ErgoFloare under 18. Under California law a minor’s contract is voidable, which means these terms may not bind us in the way you would expect them to bind an ordinary seller. We are telling you this rather than hiding it. If that is not a risk you want to take, do not preorder. Join the notify list instead, and we will write to you when an adult is named here.

This is a preorder for a product that has not been built yet. No unit exists, no fan or frame has been produced, and nothing has been bench-tested or certified. You are charged $49.99 today and we aim to ship in about 120 days. All preorders are final, with no change-of-mind refunds. If we miss the 120-day window you can take a full refund instead of waiting.

Price. $49.99 in US dollars, charged in full when you order. Shipping is included and there are no other fees. Any sales tax, if applicable, is shown at checkout before you pay.

Shipping window. We aim to ship within about 120 days of your order, to the United States only. That is a target on a product that has not been built. If we cannot meet it, we will email you before the window closes with a revised date, and you may either accept it or cancel for a full refund. You do not have to give a reason, and we will not treat your silence as agreement to a delay.

Cancellation. All preorders are final. Because you are funding a build rather than buying from stock, we do not offer change-of-mind cancellations once an order is placed. If we cannot ship within 120 days we will email you a revised date, and you can accept it or take a full refund. That choice is always yours. If we abandon the project, or your order arrives damaged or never arrives, you are refunded in full. The full policy is at Refunds, and it forms part of these terms.

Payment. Payments are processed by Stripe. Card details are entered on Stripe’s checkout and never reach our servers; we cannot see or store your card number. Placing an order forms a contract for the sale of one unit on these terms and no others. It does not entitle you to any particular production slot, revision, or feature described on this site.

Who may order. You must be at least 18 to place an order yourself. If you are under 18, ask a parent or guardian to place it, using their own payment card and with their permission. We would rather have one order fewer than a card used without its owner’s knowledge. We may cancel and refund any order we believe was placed by a minor without a parent or guardian’s consent, or on a card the buyer was not authorised to use.

Everything on this site is a description of work in progress. It may change entirely, and the product may never be built. If we conclude it cannot be, we will refund every order in full rather than substitute a different product or issue credit.

Figures are engineering targets for a design that has not been built, not measured results. Nothing has been bench-tested or certified, and the final product may differ or may never ship. Every figure published on this site, including cooling effect, runtime, noise level, weight, and fit range, is an engineering target derived from component specifications. None of them is a measured result, a promise, or a warranted specification.

ErgoFlo holds no product certifications. We make no claim of FCC, CE, UN38.3, IEC 62133, or IP-rating compliance, and we publish no ingress-protection rating because the product has never been through ingress testing.

Final units may differ from any image, render, or diagram on this site, and from the targets above.

If you give us your email address, we store it so we can write to you if ErgoFlo becomes something you can actually buy. What we collect, who processes it, how long we keep it and how to have it deleted are set out in the Privacy Policy, which forms part of these terms.

Please use your own email address. Do not submit anyone else’s, and do not use automated means to submit addresses in bulk.

To the maximum extent permitted by law, this site and everything on it is provided “as is” and “as available”, without warranty of any kind. We disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No warranty is offered on any future product, and no statement on this site should be read as creating one. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

ErgoFlo takes standard AA batteries, which you supply and install yourself. It does not contain a rechargeable lithium cell and does not ship with batteries of any kind. Use cells of the same type, brand and charge level together, do not mix old with new, do not attempt to recharge non-rechargeable cells, and remove the batteries if you are not going to use the product for a while. Alkaline cells can leak and damage the compartment.

Stop using the product and remove the batteries if it becomes hot, rattles, produces an odour, or is physically damaged.

Keep batteries away from small children. Swallowed batteries cause serious internal injury. If a battery is swallowed, seek immediate medical attention.

ErgoFlo is not a medical device. It is not intended to diagnose, treat, cure, or prevent any condition, and it is not a treatment for heat illness, hyperhidrosis, or any other medical condition. It is not intended for use by children, or for anyone who cannot recognise and respond to overheating.

Do not rely on this product in any situation where a cooling failure could cause harm. Do not modify it or open it beyond the battery compartment.

To the maximum extent permitted by law, our total liability to you, for all claims arising out of or relating to ErgoFlo, this site, or these terms, will not exceed one hundred US dollars ($100) or the total amount you have actually paid us, whichever is greater.

If you have preordered, that means the cap is at least the $49.99 you paid. Nothing in this section limits your right to a refund under our Refund Policy, which is a separate promise and is not capped by this clause.

Neither we nor any contributor will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of use, even if advised of the possibility.

Nothing in these terms limits liability that cannot be limited by law. In particular, under California Civil Code §1668 a business cannot contract away liability for fraud, wilful injury, or violation of law, and we do not attempt to. This section does not exclude liability for death or personal injury caused by negligence.

Please read this section carefully. It affects how disputes get resolved and limits your options.

If something goes wrong, email hello@ergoflo.tech first. Most problems are faster to fix directly than through any formal process, and we ask for 30 days to try.

If we cannot resolve it, you and we agree that any dispute arising out of or relating to ErgoFlo or these terms will be resolved by binding individual arbitration, administered under the consumer rules of a recognised arbitration provider, rather than in court. You may instead bring an individual claim in small claims court if it qualifies, and nothing here stops you from reporting a concern to a government agency.

You and we each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding. Claims may be brought only in an individual capacity.

If the class action waiver above is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies to all other claims.

These terms are governed by the laws of the State of California, United States, without regard to conflict of law rules. Where arbitration does not apply, the courts located in California have exclusive jurisdiction.

Osprey, AntiGravity, Deuter, Aircomfort, Gregory, FreeFloat, Vaucluse and Kuchofuku are trademarks of their respective owners. ErgoFlo is not affiliated with, endorsed by, or sponsored by any of them. They are named only to describe the current state of the category, and all statements about their products reflect those companies' own published descriptions.

We may update these terms. The version that applies to your reservation is the version published on the date you placed it, and we will email you if a change materially affects an order you have already placed. The “last updated” date at the top of this page always reflects the current version.

If any provision of these terms is found unenforceable, the rest remains in effect.