Voxel Reservation Agreement
This Reservation Agreement (the “Agreement”) is between you and Adagy Robotics, Inc., which operates the Tuesday Labs brand (“Tuesday Labs,” “we,” “us”). It applies when you pay the Reservation Payment to reserve a Voxel Series-1. Please read it carefully.
Important: Section 8.5 requires disputes to be resolved through individual arbitration rather than in court, and waives class actions and jury trials, unless you opt out within 30 days.
1. Your reservation
a. This is not a purchase. This Agreement is not a sales contract. It gives you the opportunity to purchase a Voxel Series-1 from our first production run. When Voxel is available to order, we will contact you by email. Your purchase will be governed by a separate purchase agreement, which you may accept or decline at that time.
b. Reservation Payment. Your reservation requires a payment of $200 (the “Reservation Payment”).
c. Fully refundable. You may cancel your reservation at any time before you place your order, and your Reservation Payment will be refunded in full.
d. Our right to decline or cancel. We may decline any reservation, or cancel a reservation, at our discretion, including to avoid over-subscription. If we do, we will notify you and refund your Reservation Payment in full.
e. United States only. Reservations are available only for delivery addresses in the United States.
f. How your payment is held. We will not hold your Reservation Payment separately or in an escrow or trust account, and we do not pay interest on Reservation Payments.
2. Edition numbers and delivery order
a. Your edition number. Each Voxel Series-1 reservation is assigned an edition number in the order reservations are received. If you purchase your Voxel Series-1, your edition number will be painted on your unit and printed on your certificate.
b. Not a delivery position. Your edition number does not determine when your Voxel is delivered. We will set delivery order in our discretion, based on production, location and other operational factors.
c. Released numbers. If a reservation is cancelled, its edition number is released and may be offered to another reservation holder in our discretion.
3. Price and payment
a. Estimated price. Voxel’s estimated price is $20,000. This estimate is not binding and may change, including as we finalize our supply chain.
b. Final price. We will confirm the final price, along with any taxes and delivery fees, before you place your order. You are never obligated to purchase.
c. Applied to your purchase. If you purchase, your Reservation Payment will be applied to the purchase price.
d. Monthly payment option. A monthly payment option is expected to be available. It will be subject to separate terms and approval.
4. Development and delivery
a. Voxel is a concept. The Voxel shown in our launch materials, including videos, images, demonstrations and prototypes, is a concept and development prototype. It is not the final product, and development and production have not been completed.
b. We expect to redesign the hardware. We expect to substantially redesign Voxel’s hardware before delivery. Its appearance, design, materials, components, features, capabilities and specifications may differ significantly from what you see today, and its software and features may also change. We will describe the final product before you place your order. If it isn’t what you want, you can cancel for a full refund.
c. Delivery timing. Deliveries are expected to begin in 2028 and may be later. Timing depends on production and your delivery location.
d. Delivery availability. Deliveries may begin in select areas of the United States. If we cannot yet deliver to your address when ordering opens, you may keep your reservation until we can, or cancel for a full refund.
e. FCC authorization. Voxel is subject to the rules of the Federal Communications Commission (FCC) and has not yet received FCC equipment authorization. Delivery of any Voxel to you is conditional on Voxel successfully completing the applicable FCC equipment authorization process. FCC rules do not address the applicability of consumer protection, contractual or other provisions under federal or state law. If FCC authorization is not obtained, your reservation will be cancelled and your Reservation Payment refunded in full.
5. Deferral and transfer
a. One deferral. If you are not ready to place your order when we contact you, you may defer once to a later reservation position, which we will determine. If you defer, you give up your edition number.
b. Not transferable. Your reservation is personal to you. You may not sell, transfer or assign it to anyone else without our prior written approval, which we may give or withhold case by case. Any attempted transfer without our approval is void, and we may cancel the reservation and refund the Reservation Payment.
6. Founding Series
a. Membership. Voxel Series-1 reservation holders become members of the Founding Series and may be invited to help shape Voxel for their homes and to attend gatherings with the Tuesday Labs team.
b. Terms of the benefits. Founding Series invitations are offered at our discretion, and their format, frequency and location may vary or change. They have no cash value, are not transferable, and end if your reservation is cancelled or deferred.
c. Feedback. We’re grateful for the ideas and feedback you share with us, through the Founding Series or otherwise. By sharing them, you agree that we may use them freely, for any purpose, without obligation or compensation to you.
d. Gatherings. Attending Founding Series gatherings and events may be subject to separate terms, which we will provide before you attend.
7. Limitation of liability
a. To the fullest extent permitted by law, our total liability to you under or relating to this Agreement or your reservation is limited to the amount of your Reservation Payment ($200). We are not liable for delays, changes to Voxel, or any indirect, incidental or consequential damages. Nothing in this Agreement limits any rights you have that cannot be limited under applicable law.
8. General terms
a. Communications. You agree that we may contact you about your reservation by email at the address you provide. Please keep it up to date. Questions about your reservation: orders@tuesdaylabs.com.
b. Privacy. We handle your personal information as described in our Privacy Policy.
c. Changes to this Agreement. We may update this Agreement by notifying you by email. If you do not agree to a change, you may cancel your reservation for a full refund.
d. Governing law. This Agreement is governed by the laws of the State of New York, without regard to its conflict-of-law rules.
e. Disputes. Please read this section carefully. It affects your legal rights, including your right to go to court.
i. Talk to us first. Before starting any formal proceeding, you agree to email orders@tuesdaylabs.com describing the dispute, and to give us 60 days to try to resolve it informally. We agree to do the same before bringing a claim against you.
ii. Individual arbitration. If we can’t resolve a dispute informally, you and we agree that any dispute arising from or relating to this Agreement or your reservation will be resolved by binding individual arbitration, not in court. This means you and we each give up the right to sue in court and to a jury trial. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. It will take place by video or phone, or in person in the county where you live if you prefer. The Federal Arbitration Act governs this section.
iii. Costs. We will pay all AAA filing, administration and arbitrator fees for any claim you bring, other than any portion you are required to pay under the AAA Consumer Rules.
iv. No class actions. Disputes will be resolved only on an individual basis. Neither you nor we may bring a claim as a plaintiff or class member in any class, consolidated or representative proceeding, and the arbitrator may not combine claims of more than one person.
v. Exceptions. Either of us may bring an individual claim in small claims court instead, if it qualifies. Claims for public injunctive relief, where applicable law does not allow them to be arbitrated, will be decided in court after any arbitration of the individual claims.
vi. Mass filings. If 25 or more similar claims are filed against us by the same or coordinated counsel, they will be administered in batches under the AAA’s mass arbitration rules.
vii. Opting out. You may opt out of this arbitration agreement by emailing orders@tuesdaylabs.com within 30 days of making your reservation, with your name and a statement that you are opting out of arbitration. Opting out won’t affect your reservation.
viii. Courts. Any dispute not subject to arbitration will be brought only in the state or federal courts located in New York County, New York, and you and we consent to their jurisdiction. If part (d) is found unenforceable for a particular claim, that claim will proceed in court, not in arbitration.
ix. Entire agreement. This Agreement is the entire agreement between you and us about your reservation. If any part is found unenforceable, the rest remains in effect.
x. Assignment by us. We may assign this Agreement to an affiliate or successor.