Mudra Wearable Inc. (the “Company”) warrants to the original purchaser from the Company (the “Original Purchaser”) of the Mudra Band (the “Product(s)”) that for a period of twelve (12) months from the date of the original retail purchase of the Product (“Warranty Period”) the Product will be free from significant defects in materials and workmanship (the “Limited Warranty”). Exclusions. This Limited Warranty does not cover or apply:

1) to normal wear and tear;

2) to Products that have been subjected to conditions including but not limited to accident, abuse, improper use, neglect, improper storage or handling, abnormal physical stress, and damage from the elements such as excessive cold or heat. Additionally, this warranty does not cover any issues arising from failure to follow the safety instructions provided with the packaging.;

3) to damage or defects caused by water exposure exceeding the Mudra Band’s rated water resistance; the Product is designed to be water-resistant, not waterproof, and is rated for minor water splashes. It is not intended for showering, swimming, diving, or any form of a consistent flow or submersion of water. The Product is rated on the IPXX scale to withstand water ingress at a level of IPX1 only. Damage resulting from exposure to water beyond this level will not be covered under this Limited Warranty.

3) to Products which have been reconstructed, repaired, modified or altered by any person other than an authorized representative of the Company or have been combined with other products,equipment or software;

4) to any Product which was purchased in “open-box,” used, repaired, repackaged and/or resealed condition, including, but not limited to, the purchase of such Product on Internet auction sites and/or from surplus or bulk resellers;

5) to loss of use during the period a Product is at a repair facility or otherwise awaiting parts or repair; or

6) to any other conditions that are beyond the reasonable control of the Company.

Exclusive Remedy.

The Original Purchaser’s exclusive remedy in the event that a Product does not conform to this Limited Warranty (“Defective Product”) is set forth below:

1) The Original Purchaser must notify the Company in writing, of any alleged claim or defect within thirty (30) days from the date the Original Purchaser discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable Warranty Period).

2) The Original Purchaser will then receive a Return Merchandise Authorization (“RMA”) number from the Company and the address to which to ship the Defective Product. Shipping shall be at the Original Purchaser’s sole expense and risk of loss. The Company will not accept delivery of any Defective Product unless an RMA number has been issued and is clearly marked on the exterior of the shipping package.

3) Upon its receipt of the Defective Product, the Company will inspect and test it and if, to its reasonable satisfaction, determines that that such Product is covered by this Limited Warranty, the Company will in its sole discretion and at its expense, either (i) repair such Defective Product, using, at the Company’s sole discretion, using reconditioned, refurbished, repaired or remanufactured products, components or parts in the process, (ii) replace such Defective Product with a replacement Product (having a similar style and function as the Defective Product), or (iii) credit or refund the actual purchase price of such Defective Product less any applicable discounts, rebates or credits, and less a pro rata deduction for the time that has elapsed since the date of purchase.

4) If the Company elects to repair or replace the Defective Product, it will ship to the Original Purchaser, at the Original Purchaser’s expense and risk of loss, the repaired or replaced Product to the
address specified in writing by the Original Purchaser.

5) All replaced Defective Products shall become the property of the Company.

6) The Warranty in respect of repaired or replaced Defective Products shall continue for the remainder of the Warranty Period of the Product which was repaired or replaced or, for three (3) months from the date of repair or replacement, whichever is longer.

7) To receive service under this Limited Warranty, the Original Purchaser must retain the original retail purchase receipt. In the event that such information is not presented or if it is incomplete or illegible, the Company reserves the right to refuse to provide Warranty service.

8) This Limited Warranty only covers Products purchased in, and intended for use within, the United States of America. Warranty services, including the shipping of replacement Products, are only provided within and to addresses within the United States. For customers outside the United States, warranty service will only be provided if the Product is sent to our US address. If you are located outside of the United States and require warranty service, it is your responsibility to arrange for the Product to be sent to our address within the United States on your behalf. We will then ship the replacement Product to a provided US address. Please note that the Company is not responsible for any shipping costs or arrangements for Products sent from outside the United States.

Shipping and Delays

Any shipping date provided by the Company or its representatives is an estimate only, and the actual shipping date for any accepted order can vary from the date provided. The actual shipping date will depend on a variety of factors including manufacturing schedule, and the dates of your order, your completed order, and when we accept your completed order. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you are responsible to pay all shipping charges to the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs are determined to be higher than the shipping costs assessed at the time of purchase, the Company may, in its sole discretion, require you to pay additional shipping fees or cancel your purchase.

Transfer of Risk and Title

Risk of loss of the Product passes to you upon the Company’s delivery of the Product to a carrier, and you are responsible for any loss or damage to the Product from that point forward. Claims against a carrier for damage during shipping are your responsibility.

Taxes

Except for sales tax required to be paid by residents of certain states within the U.S.A., which is collected by the Company at the time of purchase, all import duties, taxes, and other charges are not included in the Product purchase price or shipping cost. These charges are your sole responsibility.

Limitation of Liability

IN NO EVENT WILL WEARABLE DEVICES OR ANY WEARABLE DEVICES AFFILIATE BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT (SUCH AS, BUT NOT LIMITED TO, FOR ANY FAILURE TO DELIVER ANY PRODUCT OR SERVICE, OR INABILITY TO USE ANY PRODUCT OR SERVICE), FOR:

• ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
• ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
• THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.

THE COMBINED AGGREGATE LIABILITY OF WEARABLE DEVICES AND WEARABLE DEVICES AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT (SUCH AS, BUT NOT LIMITED TO, FOR ANY FAILURE TO DELIVER ANY PRODUCT OR SERVICE, OR INABILITY TO USE ANY PRODUCT OR SERVICE) SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO WEARABLE DEVICES (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM. ACCORDINGLY, IF YOU HAVE NOT PAID WEARABLE DEVICES ANY AMOUNTS IN SUCH THREE-MONTH PERIOD, WEARABLE DEVICES SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY THE LAW APPLICABLE TO YOU:

• EVEN IF WEARABLE DEVICES OR A WEARABLE DEVICES AFFILIATE HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS;
• EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND
• REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply.
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YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION ‎19 (LIMITATION OF LIABILITY) IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WEARABLE DEVICES.

No Authorization

The Company does not authorize anyone, including, but not limited to, retailers, to obligate the Company in any way beyond the terms set forth herein.Law and JurisdictionThis Warranty and all matters connected with the performance thereof shall be construed, interpreted, applied and governed in all respects by the laws of the State of California in the United States of America. Any action, suit or proceeding arising out of or relating to this Limited Warranty and/or to the purchase of Products covered by this Limited Warranty, shall be venued exclusively in the State or Federal courts located within the State of California in the United States of America.