MM Simulations Terms of Service

These Terms of Service govern purchases of products and services from MM Simulations and use of our website. “MM Simulations,” “we,” “us,” and “our” refer to the seller identified on your order confirmation or invoice.

Please review these Terms, the applicable product specifications, and our Return, Refund & Cancellation Policy before placing an order.

Contact: mitchell@mmsimulations.com

1. Eligibility & Agreement

You must be legally capable of entering into a binding contract to place an order. If purchasing for a business or organization, you represent that you have authority to bind that organization.

You agree to these Terms when you affirmatively accept them during an order or service-booking process. Nothing in these Terms limits rights that cannot legally be waived.

2. Orders, Pricing & Payment

You are responsible for supplying accurate billing, shipping, contact, and configuration information and for using an authorized payment method.

An automated order acknowledgment confirms receipt of your order. We may decline an order before acceptance because of suspected fraud, an inability to fulfill it, or a material pricing or listing error. If payment has been collected for an order we decline, we will refund it promptly.

We will not increase the price or materially change an accepted order without your agreement. Prices for future purchases may change without notice.

Taxes, shipping, installation, and other charges are included only when expressly stated in your order. Any additional charges requiring your approval will be disclosed before they are incurred.

3. Product Descriptions & Included Equipment

The product description, selected configuration, and any accepted written quote identify what is included in your purchase.

Photographs may show optional equipment or example installations. Seats, monitors, computers, controls, stands, accessories, and installation services are included only when identified as included in your purchased configuration.

We will not substitute components in a way that materially changes agreed performance, compatibility, appearance, or value without your approval.

Minor cosmetic variations that do not conflict with the agreed specifications may occur. This does not excuse a defective product or a material difference from its description.

4. Custom Builds & Changes

For a custom order, the accepted written quote and specifications define the build.

Review configuration, dimensions, finish, equipment, intended use, and installation requirements before approving the order. Requested changes may affect pricing and delivery timing. We will provide the proposed changes for written approval before proceeding.

Unless expressly agreed in writing, a quote does not include work beyond its stated scope.

5. Returns, Refunds & Cancellations

Our Return, Refund & Cancellation Policy forms part of the purchase terms when provided before your order.

PhatBoy motion add-ons, motion systems, motion platforms, complete motion rigs, and turnkey simulators are final sale for change-of-mind returns after delivery, subject to that policy and applicable law.

Eligible cancellation requests for these categories must be submitted within 48 hours of initial payment and before shipment for a full refund. Later voluntary cancellation requests are governed by the documented-cost provisions of our Return, Refund & Cancellation Policy.

Final-sale status does not eliminate warranty coverage, remedies for incorrect or defective products, or legally required cancellation and refund rights.

6. Customer Rig Compatibility

The customer is responsible for determining whether an existing rig is structurally suitable for motion before purchasing a motion add-on.

This includes confirming mounting points, structural strength, total operating weight, balance, travel clearance, and compatibility with attached equipment.

Follow the product’s published limits and installation instructions. Do not assume that a frame’s suitability for stationary use establishes its suitability for motion.

We remain responsible for express written compatibility commitments we make and for the accuracy of our product descriptions.

7. Electrical & Site Requirements

A qualified electrician must install a suitable 240V receptacle before operating any MM Simulations motion system specified for 240V power.

The circuit, receptacle, grounding, protective devices, and installation must meet the system’s specifications and applicable electrical codes. Do not bypass grounding, use an incompatible adapter, or modify electrical components contrary to the instructions.

Unless included in your written order, you are responsible for electrical work, adequate floor support, safe clearances, doorway and delivery access, internet connectivity, and preparation of the installation area.

Additional visits or work caused by an unprepared site require a separate agreement on price and scope.

8. Safe Operation of Motion Equipment

Motion simulators contain powered moving components. Improper operation can cause falls, crushing, entrapment, equipment damage, or other injury.

You agree to:

• Read and follow the supplied operating and safety instructions.

• Keep people, pets, cables, and loose objects outside the motion envelope.

• Observe all published load and operating limits.

• Keep required guards and emergency-stop controls functional and accessible.

• Secure seats, controls, displays, and attached equipment as instructed.

• Stop operation if equipment is damaged, unstable, or behaving unexpectedly.

• Disconnect power before adjustments or servicing as directed by the instructions.

• Prevent use by anyone who cannot understand and follow the operating instructions.

Do not operate while impaired. If you have a condition that could be affected by motion, vibration, or visual simulation, obtain appropriate medical advice before use.

These responsibilities do not waive claims arising from a product defect or liability that cannot legally be excluded.

9. Commercial Operators

If you use equipment in an arcade, entertainment venue, rental operation, event business, or other commercial setting, you are responsible for the safe operation of your premises and supervision of participants.

Your responsibilities include obtaining required permits and insurance, confirming equipment suitability for the intended commercial duty, training operators, conducting required inspections, providing safety instructions, and complying with applicable accessibility and business requirements.

Commercial rights to games, software, music, or other third-party content are not included unless expressly stated. You must obtain any licenses required for public or paid use.

These Terms are not a substitute for a separately reviewed participant agreement or venue safety procedures.

10. Revenue Examples & Business Results

Revenue calculators, hourly-rate examples, utilization scenarios, and payback illustrations are planning tools, not guarantees of earnings or investment recovery.

Gross revenue is not net profit. Actual results depend on demand, pricing, operating hours, utilization, expenses, financing, taxes, and how the business is operated.

An “up to” figure describes a scenario achievable under its stated assumptions; it does not promise that your business will achieve that result. You are responsible for evaluating the economics of your purchase.

Nothing in this section excuses a false statement or changes an express contractual commitment.

11. Shipping, Lead Times & Delays

The shipment or delivery commitment disclosed when you order applies to that purchase. Expedited shipping includes accelerated production only when expressly stated in the purchased option.

If we cannot meet a promised shipment date, we will provide required notice, revised timing, and applicable cancellation or refund options. We will obtain consent to delays when required by law.

Events beyond our reasonable control may affect fulfillment, but they do not eliminate mandatory notice or refund obligations.

Inspect deliveries promptly and report damage or missing items to mitchell@mmsimulations.com. Detailed instructions appear in our Return, Refund & Cancellation Policy.

12. Installation & Remote Services

Installation, configuration, training, and remote assistance are limited to the scope stated in the accepted order or service agreement.

For remote work, you authorize access only for the agreed service and should back up relevant data beforehand. You are responsible for having lawful software licenses and permission to grant access to the affected systems.

We may pause work when conditions are unsafe, required access is unavailable, or continuing would exceed the agreed scope. Additional paid work requires your approval.

Completion of installation does not certify a building, electrical installation, or business operation unless that certification is expressly included and lawfully provided.

13. Software & Third-Party Equipment

Third-party hardware, software, online services, and integrations may be subject to separate licenses and warranty terms.

Compatibility is determined by the versions and requirements identified in the product description or written agreement. We do not promise indefinite compatibility with future third-party updates unless expressly agreed.

You are responsible for subscriptions and third-party charges not included in your purchase. This does not relieve us of responsibility for delivering the compatibility and functionality we expressly promised.

14. Warranties

Applicable written warranties are provided separately and should be reviewed before purchase. These Terms do not create an additional warranty or shorten a warranty already provided.

To the extent permitted by law, we make no additional warranties beyond applicable written warranties, express contractual commitments, and warranties imposed by law.

We do not disclaim implied warranties where a written warranty, service contract, or applicable law prevents that disclaimer.

Damage caused by improper installation, misuse, operation outside published limits, or alterations may fall outside warranty coverage. Third-party repairs or modifications do not automatically void coverage for unrelated defects.

15. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MM Simulations will not be liable for indirect, incidental, special, or consequential losses arising from a purchase or service, including lost business profits, lost revenue, business interruption, or loss of anticipated savings.

Subject to the exceptions below, our aggregate liability arising from a particular product or service will not exceed the amount paid to MM Simulations for the product or service giving rise to the claim.

These limitations do not apply to fraud, intentional misconduct, gross negligence, personal injury or death caused by our negligence or a defective product, mandatory product liability, or any liability that applicable law does not permit us to limit.

They do not reduce required refunds, enforceable warranty obligations, or nonwaivable consumer remedies. If a limitation is unenforceable, it applies only to the extent the law permits.

16. Commercial Customer Indemnity

For business customers only, and to the extent permitted by law, you agree to indemnify MM Simulations against third-party claims and reasonable resulting costs to the extent caused by your negligent or unlawful operation, your material breach of these Terms, or unsafe alterations made by you or those acting on your behalf.

This obligation does not cover claims to the extent caused by our negligence, misconduct, breach, or a product defect for which we are responsible.

We will promptly notify you of a claim and reasonably cooperate in its defense. No settlement may impose an admission, payment, or other obligation on us without our written consent, which will not be unreasonably withheld.

17. Website & Intellectual Property

Our branding, photographs, written content, and other protected website materials belong to MM Simulations or their respective owners.

You may use the website for legitimate shopping, product evaluation, and support purposes. You may not impersonate others, submit fraudulent orders, interfere with website security, or unlawfully reproduce protected materials.

Nothing in these Terms restricts lawful reviews, criticism, fair use, or rights granted by applicable law.

18. Privacy & Communications

Personal information is handled under our Privacy Policy.

We may send communications needed to process your order, arrange delivery, provide support, or address safety matters. Placing an order does not by itself constitute consent to marketing where separate consent is required.

19. Disputes

Please contact mitchell@mmsimulations.com with your order number and a description of the issue so we can attempt to resolve it.

Contacting us is encouraged but does not waive payment-dispute rights, prevent a regulatory complaint, or require you to miss a legal filing deadline.

These Terms do not require binding arbitration or waive access to small-claims court. Applicable law determines the proper jurisdiction and venue unless a separate, enforceable agreement provides otherwise.

20. General Terms

An accepted written agreement specifically negotiated for your order controls over a conflicting general provision of these Terms. The Return, Refund & Cancellation Policy controls the details of voluntary returns and cancellations.

If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. Failure to enforce a provision once does not waive future enforcement.

Changes to these Terms apply prospectively. They do not retroactively reduce rights under an existing order without any agreement required by law.

Contact

MM Simulations
Orders, product support & legal notices:
mitchell@mmsimulations.com