MIMIQ, INC.

WARRANTY POLICY

Last Updated: September 21, 2022

THIS WARRANTY POLICY APPLIES TO PURCHASERS (“PURCHASER” OR “YOU”) OF MIMIQ PRODUCTS.

1. Limited Product Warranty

OTHER THAN THE PRODUCTS LISTED HERE, MIMIQ PRODUCTS AND SERVICES, AND ANY ADDITIONAL TERMS,  CONDITIONS, EXCLUSIONS AND/OR RIDERS SET FORTH THEREIN, ALL OTHER PRODUCTS ARE PROVIDED WITHOUT ANY WARRANTIES OR SUPPORT OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND WILL BE BINDING ON OR OBLIGATE MIMIQ. PRODUCTS ARE EXPRESSLY PROVIDED TO YOU “AS IS” UNLESS WARRANTED BY APPLICABLE LAW. 

COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS, OR AT THE OPTION OF COMPANY, RETURN OF THE PRODUCT AND A REFUND OF THE PURCHASE PRICE IF ANY PRODUCT IN MIMIQ PRODUCTS AND SERVICES IS DETERMINED BY MIMIQ TO HAVE A MANUFACTURING DEFECT DUE TO A FAULT BY MIMIQ AS PROVIDED FOR IN RETURNS, REFUNDS, REPAIRS AND EXCHANGE POLICY SECTION 5, PROVIDED THAT SUCH PRODUCT IS WITHIN THE WARRANTY PERIOD AS SPECIFIED FOR EACH PRODUCT, AND WHERE SUCH PERIOD BEGINS WITH THE DATE OF PURCHASE WITH PROOF OF PURCHASE, THEN MIMIQ MAY AT ITS SOLE DISCRETION REPAIR, EXCHANGE OR REFUND THE PRODUCT AT MIMIQ’S EXPENSE AND EXCLUSIVE OF ANY THIRD PARTY CHARGES SUCH AS TAXES, DUTIES, SHIPPING COSTS OR THIRD PARTY SERVICES OR REGISTRATION FEES. PURCHASER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PRODUCTS PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER MIMIQ PRODUCTS OR SERVICES.

2. Product Support

IF ANY TECHNICAL SUPPORT OR ASSISTANCE IS PROVIDED WITH RESPECT TO PRODUCTS AND THE USE THEREOF, IT IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

3. Product Operation 

MIMIQ DOES NOT WARRANT THAT THE USE OR OPERATION OF PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE PURCHASER BEARS ALL RISKS RELATING TO THE USE OF PRODUCTS AND THE QUALITY AND PERFORMANCE OF PRODUCTS AND ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION EXCEPT AS EXPRESSLY SET FORTH IN THE RETURNS, REFUNDS, REPAIRS AND EXCHANGE POLICY. 

THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. Exclusions and Limitations

The Limited Product Warranty applies only to the original Purchaser of the Product that was purchased from the Website or from our approved Distributors. Without limiting the foregoing, the Limited Product Warranty does not apply to any (a) third-party products, even if included or sold with a Product, (b) Products that are, or Mimiq reasonably believes to be, stolen, (c) Product that was misused.

The Limited Product Warranty does not apply to a Product or part of a Product that has (i) used or installed in a manner that has not been approved or been serviced, altered, refurbished, or physically, or digitally (software) modified by anyone who is not authorized by Mimiq or in a manner not authorized by Mimiq, (ii) nor does it apply to any cosmetic damage such as scratches and dents. In addition, the Limited Product Warranty and the right to request the exchange do not apply to damage or defects caused by (iii) use of third  party accessories including but not limited physical, power, radio or networking accessories that may cause damage; (iv) accident, abuse, misuse, mishandling, flood, fire, earthquake, or other external causes; (v) normal wear and tear or aging of the Product such as discoloration or stretching; or (vi) operating the Product outside the permitted or intended uses described by Mimiq, (vii) consumables such as replaceable batteries, on-board rechargeable batteries  or SD-Cards,  (viii) use not in accordance with the appropriate instructions, or  (ix) any faults due to self-repair in a manner that did not follow approved self-repair instructions and guidelines; (x) with improper voltage or power supply (xi)  any failure due to cloud services or software including but not limited to the on-board third party software, even if packaged or sold with the Product or embedded in the Product (See the applicable Terms and Conditions for the details of your rights with respect to the use of the software and related services) and (xii) third party mobile applications and (xiii) cloud services blockchains, mobile apps, crypto tokens or their associated wallets and services or loss of earnings thereof. 

5. Limitation of Damages

THESE TERMS OF SALE STATE THE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES. SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OR LIMITATION OF WARRANTIES, SO THE  DISCLAIMERS IN SECTION 1, 2 and 3 ABOVE  OR LIMITATION OF LIABILITY BELOW MAY NOT APPLY TO YOU. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EXCEPT FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, MIMIQ OR DISTRIBUTORS’ TOTAL LIABILITY FOR ANY DAMAGE OF ANY NATURE WHATSOEVER TO YOU OR THIRD PARTIES CAUSED BY OUR PRODUCTS IS LIMITED TO THE PRICE THAT YOU PAID FOR THE PRODUCT. 

Except to the extent prohibited by applicable law, Mimiq shall not be liable for any incidental, indirect, special, or consequential damages, including, without limitation, loss of profits, revenue, or data, resulting from any breach of express or implied warranty or condition or under any other legal theory, even if Mimiq has been advised of the possibility of such damages.

6. Changes

Mimiq may update this Policy from time to time at its sole discretion and without notice or notification. 

7. Contact Information

Any questions concerning this warranty should be addressed here.