Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Miso Robotics, Inc., its affiliates, and subsidiaries (collectively “Miso”) setting forth Miso’s obligations to you and your obligations to Miso in relation to your access and use of Miso’s family of websites and widgets, including but not limited to the Miso Customer Portal where customers can manage their accounts, view orders, and access support (collectively, “Sites”); and our mobile phone, tablet, and other smart device applications (collectively, “Applications”). The Sites and Applications are collectively referred to in these Terms as the “Miso Platform.” In these Terms, “we,” “us,” and “our,” refer collectively to Miso. By accessing or using the Miso Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Miso Platform. These Terms may be updated from time to time, and your continued use of the Miso Platform constitutes acceptance of the updated Terms.

These Terms, our Privacy Statement terms, our Mobile Applications terms, and any additional terms you have agreed to by using specific components of the Miso Platform (e.g., the Miso Customer Portal to access online account registration and customer agreements), make up the entire agreement between you and Miso related to your use of the Miso Platform. These Terms do not alter the terms of any other agreement you may have with us unrelated to your use of the Miso Platform.

Use of the Miso Platform

You must be a business entity or an authorized representative of a business entity and at least 18 years of age to use the Miso Platform. You agree that you will not use the Miso Platform for any unlawful or fraudulent purpose or in any manner inconsistent with these Terms. You further warrant that you will not violate or attempt to violate the security of the Miso Platform, including without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the appearance, features, or functionality of the Miso Platform; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with or interrupt in any way service to any user, host, network, or system including, without limitation, the use of a so-called “trojan horse,” infecting, overloading, “flooding,” “spamming,” “mailbombing,” “crashing” or otherwise attacking the Miso Platform or (vi) sending communications on behalf of the Miso Platform (i.e., impersonating Miso). If you do not agree to these Terms, then do not use the Miso Platform.

Use of the Miso Platform requires a computer, mobile phone, tablet, or other smart device with a compatible browser and internet access. Some Applications require internet, device, or other smart device connectivity in order to function properly. The information and materials on the Miso Platform are intended for use in the United States and Puerto Rico. Miso makes no representations with respect to the usability of the Miso Platform anywhere else. The Miso Platform may contain references to products and services that are not available or are prohibited in your country. If you access the Miso Platform from outside the United States and Puerto Rico, you are responsible for complying with applicable laws. Further, the privacy protections afforded by the Miso Platform may differ from those of your resident country. Please visit our Privacy Statement and any Mobile Applications for further information.

Information Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, or as required by law. When personal information is no longer needed, we will securely delete or anonymize it.

Account Registration

Certain features of the Miso Platform, including but not limited to the Miso Customer Portal, may require you to register an account. You must provide truthful and accurate information about yourself and the business you represent. If your information or the business or customer contact information changes at any time, please update the account to reflect those changes. You are responsible for maintaining the confidentiality of your account and password. Your first name and last name may be displayed, which is visible to other members of the same business or customer. You may not share your account information with others or allow others to login to your account using your credentials. You agree to notify us immediately if you suspect any unauthorized use of your account. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Miso of any unauthorized use of your account. Miso reserves the right to terminate your account with or without cause.

Your Content

Any content you upload, submit, or otherwise make available through the Miso Platform (“User Content”) remains your property. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content (in anonymized form, if reasonably possible) in connection with developing, manufacturing, and marketing Miso products. Further, if you provide your email address in the Miso Customer Portal, then you are automatically opting into emails from us concerning updates to the product and other information.

You may ask us to delete the personal information we collected about you, though we may retain certain information as permitted or required by law. To submit a request please email privacy@misorobotics.com.

When you use or send communications to us through the Miso Platform or Miso Customer Portal, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Miso Platform. We may communicate with you by email or by posting notices on the Miso Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a user account, or otherwise providing us with your email address, physical or mailing address, or phone number, you agree that we may contact you at that address or number in a manner consistent with our Privacy Policy.

Our Content

The Miso Platform and Customer Portal is operated by Miso, and all material on the Miso Platform is protected intellectual property owned or controlled by Miso or a third-party licensor. All content included in or made available through the Miso Platform, including, but not limited to, text, graphics, logos, icons, and images, is the property of Miso or its content suppliers and is protected by United States and international copyright, patents, and trademark laws.

No license to or right in any such copyrighted materials, patents, trademarks, trade secrets, technologies, products, processes and other proprietary rights of Miso or any other third party is granted to or conferred upon you. Downloading, copying, transmitting, using framing or mirroring techniques, reproducing, duplicating, storing, linking to, or otherwise exploiting any content from the Miso Platform is expressly prohibited.

Our Products

All illustrations and specifications presented through the Miso Platform are for informational purposes only. Although Miso strives to keep the Miso Platform current, some products may be shown with equipment that is no longer in service and other products may be shown with optional equipment. We reserve the right without prior notice to discontinue or change specifications on products and services offered through the Miso Platform.

All prices are shown in U.S. dollars and are based upon current prevailing market conditions, are subject to negotiation and change, and may not include extra costs, including, but not limited to, taxes, title fees, site inspection, shipping charges, options, and installation.

Third-Party Links

The Miso Platform may contain links to other websites, including other Miso websites, partner websites, social media websites, event websites, and other third parties and companies whose trademarks may appear on the Miso Platform. We are not responsible for the information collection practices or the content of the websites to which we link. You should be aware that, unless otherwise indicated, these Terms do not govern third-party websites you visit, including those that may be hyperlinked for convenience. We encourage you to review the applicable terms and policies of any third-party website.

Disclaimer of Warranties

Miso MAKES NO WARRANTY CONCERNING THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION YOU MAY EXPERIENCE VIEWING OR USING ANY CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, OR INFORMATION (“CONTENT”) TRANSMITTED IN CONNECTION WITH THE USE OF THE MISO PLATFORM. MISO FURTHER MAKES NO WARRANTY WITH RESPECT TO SUPPORT FOR THE MISO PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MISO PLATFORM IS AT YOUR SOLE RISK AND RESPONSIBILITY. IT IS THE SOLE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION OR OTHER CONTENT AVAILABLE THROUGH THE MISO PLATFORM. THE MISO PLATFORM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE MISO PLATFORM, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MISO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FOR THE CONTENT AVAILABLE ON THE MISO PLATFORM, THE OPERATION OF THE MISO PLATFORM, OR THE TRANSMISSION OF ANY INFORMATION THROUGH THE MISO PLATFORM OR ANY LINKED WEBSITE. FURTHER, MISO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. MISO DOES NOT REPRESENT OR WARRANT THAT THE MISO PLATFORM OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MISO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, EVEN IF MISO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF OR INABILITY TO USE THE MISO PLATFORM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MISO PLATFORM.

Indemnification

You agree to defend (with counsel subject to Miso’s approval), indemnify, and hold harmless: Miso, its officers, directors, employees, agents, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your improper use of the Miso Platform, or your breach of any laws or regulations.

Termination

We may terminate or suspend your access to the Miso Platform at any time, without notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Miso Platform will immediately cease, and all provisions of the Terms which by their nature should survive termination shall survive.

Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California applicable to agreements executed and to be wholly performed therein. Any dispute, controversy or claim arising out of or in relation to these Terms or the validity, construction or performance of the Miso Platform, or the breach of the Terms, shall be resolved by arbitration in accordance with the JAMS Arbitration, Mediation and ADR Services (“JAMS”) Streamlined Arbitration Rules & Procedures as said rules may be amended from time to time with rights of discovery if requested by the arbitrator. The state or federal courts located in Los Angeles County, California shall have exclusive jurisdiction in this regard, and each party hereby (i) waives any claim that such courts do not have jurisdiction or are an inconvenient forum, (ii) will abide by and perform any award rendered in any arbitration conducted pursuant hereto, and (iii) consents that any court having jurisdiction thereof may issue a judgment based upon such award. You hereby agree that all legal claims concerning your use of the Miso Platform must be commenced within ninety (90) days of the date the claim or cause of action arises and no more than one (1) year from the occurrence of the events giving rise to such claims (regardless of when discovered), or they will be time-barred. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Modifications

We may modify these Terms at any time. All updates and amendments are effective immediately upon notice, which we may provide by any legal means, including, but not limited to, by posting a revised version of these Terms or other notice on the Miso Platform. Continued use of the Miso Platform post-modification constitutes your agreement to be bound by the modified Terms.

Contact Information

Miso Robotics, Inc.
680 East Colorado Boulevard
Suite 330
Pasadena, CA 91101
contactus@misorobotics.com

Email communications are not always secure so please do not provide us with any sensitive information in your emails to us.

Updated 08/15/24

Accessibility Statement

This is the accessibility statement from Miso Robotics.

Assistance

Should you have any difficulty accessing this website in any manner, please do not hesitate to email contactus@misorobotics.com.

Commitment to Accessibility

Miso Robotics is committed to accessibility. Our policy is to ensure that persons with disabilities have full and equal access to our digital offerings.

Standards

Miso Robotics strives to meet WCAG 2.1 AA standards to ensure digital offerings on misorobotics.com and invest.misorobotics.com are ADA compliant.

Demonstrable Access

Some measures taken to make misorobotics.com and invest.misorobotics.com accessible include:

• Descriptive alt text values assigned to all images
• Ensuring a minimum 4.5:1 color ratio for all text
• Maintaining a consistent and predictable layout throughout the site
• Making all text zoomable up to 200%
• Eliminating all potentially distracting elements (e.g., pop-ups, auto-playing video, etc.)
• Ensuring the website is navigable by keyboard
• Presenting content in a meaningful order

Compliance

Through our genuine and good faith commitment and devotion to accessibility, we believe our website misorobotics.com and invest.misorobotics.com are compliant with Americans with Disabilities Act (ADA).

Feedback

Miso Robotics is committed to accessibility, and we are always seeking to improve. If you know of a way we can improve, we’d love to hear more. You can reach out to us via email at contactus@misorobotics.com.
Resources

You can learn more about the right to equal access for all Americans at ADA.gov.
Section508.gov provides numerous resources for making accessible websites and maintaining them.

W3C and WCAG 2.1 provide technical guidelines and examples on web accessibility.
Accessible.org provides web accessibility information and services.