Helium Hotspot Limited Warranty

Effective: July 18, 2019

Scope of warranty:

Helium Systems, Inc. ("Helium") warrants that your Helium Hotspot product (the "Product") will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (the "Warranty Period"). If a defect in the Product arises within the Warranty Period, Helium will, at its sole option and subject to applicable law, repair or replace it with a new or refurbished product or component. This Warranty does not apply (a) to Products you purchase from unauthorized resellers; (b) where the instructions for use and activation of the Product are not complied with; (c) where the Product is modified with third-party components; (d) where the warranty claim arises from use of incompatible or unauthorized third-party components; or (e) where the Product is damaged as a result of abuse, accident, unauthorized modification or other causes beyond our reasonable control. For clarity, this warranty only covers the Hotspot hardware itself, and does not cover any software, other hardware, tokens, products or services that Helium may provide.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD DEFINED ABOVE. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES REGARDING ANY SOFTWARE, TOKENS, SERVICES, OR OTHER HARDWARE OR PRODUCTS PROVIDED BY HELIUM, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.

Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the disclaimer of certain implied warranties, so the above limitation may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. If you believe you are entitled to a remedy under an implied warranty or other local law, please contact support at store@helium.com.

Claims process:

To obtain remedies under this Warranty, Helium must receive your claim before the end of the Warranty Period. You must obtain a Return Material Authorization ("RMA") from Helium and return the defective Product together with proof of purchase to the address specified by Helium in connection with the RMA. You bear the cost of shipping the Product to Helium. By sending the Product, you agree to transfer ownership to Helium, and you retain the risk of loss of the Product until it is received by Helium. Helium may not return the original Product to you. Helium warrants that any repaired or replaced Product is covered for the remainder of the original Warranty Period, but repair or replacement do not restart a new Warranty Period. If the claim is justified based on this Warranty, Helium shall bear the cost of shipping the repaired or replacement Product to you. Any product returned to Helium without a valid warranty claim or without an RMA may be rejected, returned at sender's cost (subject to prepayment) or disposed of in Helium's sole discretion.

To obtain an RMA from Helium, please follow instructions outlined in the Hardware Returns/Replacement article, posted at www.helium.com/warranty.

Sole remedy:

THE RETURN AND REPLACEMENT OR REPAIR OF THE PRODUCT IS YOUR SOLE REMEDY, AND HELIUM'S SOLE LIABILITY, IN CONNECTION WITH THIS WARRANTY. HELIUM'S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT, NOR SHALL HELIUM UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Changes:

This Warranty may not be amended, waived, or supplemented except in a separate written agreement signed by Helium and you. Helium may revise its warranty policies with respect to future sales, but no such changes will apply retroactively.