Version: 3.0
Effective: February 3, 2022

CERAS HEALTH DEVICES Limited Product Warranty

CERAS HEALTH WARRANTS TO THE ORIGINAL USER THAT YOUR CERAS HEALTH BRANDED DEVICE SHALL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF USE. BY USING YOUR CERAS HEALTH-BRANDED HARDWARE PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE CERAS HEALTH ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.

DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND IMMEDATELY RETURN IT BACK TO CERAS HEALTH AT 20 PARK PLAZA, SUITE 1400, BOSTON, MA 02116.

WARRANTY COVERAGE AND REMEDIES

If such a defect arises and a return authorization request is received by CERAS HEALTH within the applicable Warranty Period, CERAS HEALTH will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a New Product or Refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. These Limited Product Warranties are valid only in the jurisdictions where the Products are provided by CERAS HEALTH itself or through its customers, authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original Warranty Period. Additionally, CERAS HEALTH may restrict warranty service for hardware products to the country where CERAS HEALTH or its Authorized Distributors originally provided the device.

NOT COVERED BY CERAS HEALTH WARRANTY

This Warranty does not apply to any non-CERAS HEALTH branded hardware products or any software. Software distributed by CERAS HEALTH with or without the CERAS HEALTH brand (including, but not limited to system software) is not covered by this Warranty. CERAS HEALTH does not warrant that the operation of the CERAS HEALTH Product will be uninterrupted or error-free. CERAS HEALTH is not responsible for damage arising from failure to follow instructions relating to the CERAS HEALTH Product’s use.

This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the CERAS HEALTH Product’s specifications (CERAS HEALTH Product specifications are available by writing to Ceras Health Inc, 20 Park Plaza, Suite 1400, Boston, MA 02116 or at www.CERASHEALTH.com under the technical specifications for each product); (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the CERAS HEALTH Product outside CERAS HEALTH’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of CERAS HEALTH; (g) to an CERAS HEALTH Product that has been modified to alter functionality or capability without the written permission of CERAS HEALTH; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the CERAS HEALTH Product, (i) if any serial number has been removed or defaced from the CERAS HEALTH Product, or (j) if CERAS HEALTH receives information from relevant public authorities that the product has been stolen or other security measures designed to prevent unauthorized access to the CERAS HEALTH Product, and you cannot prove in any way that you are the authorized user of the product.

IMPLIED WARRANTIES

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.

LIMITATION OF DAMAGES

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CERAS HEALTH 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 CERAS HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.

GOVERNING LAW

These Limited Product Warranties shall be governed by the laws of the State of Massachusetts, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

NATIONAL STATUTORY RIGHTS

CONSUMERS IN SOME JURISDICTIONS MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS, INCLUDING, WITHOUT LIMITATION, NATIONAL LAWS IMPLEMENTING EC DIRECTIVE 99/44. THESE RIGHTS ARE NOT AFFECTED BY THE WARRANTIES STATED ABOVE.