If you have any questions or concerns regarding the warranty of a product you purchased from us, please contact us at firstname.lastname@example.org.
Sproutel One Year Limited Warranty
Sproutel products are warranted to be free from defects in materials or workmanship for one (1) year from the date of purchase. Within this period, we will, at our sole discretion, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to you for parts and/or labor, provided that you shall be responsible for any transportation charges. Replacement products may be new or refurbished at our discretion.
This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks, stains and dents; (ii) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not an authorized service provider of Sproutel; or (v) damage to a product that has been modified or altered without the prior written permission of Sproutel.
Repairs have a ninety (90) day warranty. If the unit sent in is still under its original warranty, then the new warranty will be the longer of ninety (90) days or the balance of the original one year warranty.
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. Subject to applicable law, in no event shall our liability exceed the purchase price of the Hardware.
This limited warranty does not apply to any software that may be required to use the Sproutel products. All software is licensed pursuant to an end user license agreement and services provided in connection with the Sproutel products are provided pursuant to our terms and conditions.
End User License Agreement
This Sproutel Software End User License Agreement (the "Agreement") governs your use of any software ("Software") that you may download, install, or otherwise use on your computer or other device, which software may include firmware that will run on hardware manufactured by us ("Hardware"), as well as any updates, patches and revisions that we provide thereto. By using the Software, you agree to be bound by this Agreement. We may change these terms at any time, so please review them periodically. If at any time you do not agree, do not install, use or continue to use the Software. The Hardware will not function without the Software. The Software is intended to be used with the Sproutel Service, use of which is subject to the Terms of Service.
Subject to your compliance with the terms and conditions of this Agreement, Sproutel, Inc. ("Sproutel" or "we" or "us") grant you a limited, nonexclusive and nontransferable license to use the Software on a computer or other device, and to use the firmware on the Hardware manufactured by us for your personal use. In the event you sell or otherwise transfer the Hardware to a third party, such third party must agree to the terms of this Agreement prior to using the Software. Your use of the Software may also require you to use certain services provided by us, the use of which is governed by our Terms of Service (the "Sproutel Service"). For the avoidance of doubt, Software may include desktop applications, firmware, mobile applications and web applications. We recommend against installing the Software on non-private computers as your private information may be compromised.
We and our licensors and/or suppliers, as applicable, retain all right, title and interest to the Software, including all patents, copyrights, trademarks, trade secrets contained therein.
You may not distribute the Software, including by electronic transfer from one computer to another, over a network or otherwise. You may not (i) decompile, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying user interface techniques or algorithms, disassemble, or otherwise reduce the Software to a human perceivable form; (ii) modify, adapt, translate, rent, lease, loan, resell, distribute, or create derivative works based upon the Software; (iii) grant any sublicense, leases or other rights in the Software to any third party; (iv) erase or otherwise attempt to create your own software to use with the Hardware; or (v) take any action that would cause the Software to be placed in the public domain. You agree not to modify any data used by the Sproutel Service, nor to access data in any format except as provided via the Sproutel Service. You may not remove the copyright notices or other proprietary legends from the Software.
THE SOFTWARE IS PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your use of the Software. We do not warrant that the Software will meet your requirements or that the operation thereof will be uninterrupted or error free. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Not Medical Advice
Sproutel is not providing medical advice via the Software. The Software is not a medical device, nor is it intended for use in the diagnosis, cure, treatment or prevention of disease.
Limitation of Liability
To the fullest extent permitted by law, in no event will Sproutel, Inc., its affiliates, officers, employees, agents, suppliers or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary or consequential damages (including loss of use, data, business or profits), regardless of legal theory, even if we have been warned of the possibility of such damages and even if a remedy fails of its essential purpose; (2) direct damages for all claims arising from this Agreement in an amount greater than $100. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
Miscellaneous Legal Terms
This agreement is governed by Delaware law. Both parties consent to the personal jurisdiction of these courts. Nothing in this agreement limits either party's ability to seek equitable relief.
These Terms constitute the entire and exclusive agreement between you and Sproutel, Inc. with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign its rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Software or Services.