Last update date: June 1, 2023

This service agreement (“Service Agreement”) applies to Support Services (defined below) and is entered into by and between the customer using the Support Services (“you” or “your”) and JustSystems America, Inc. (“we,” “us,” “our” or “JustSystems”) (you and us, each, a “Party” and, collectively, the “Parties”). This Service Agreement does not apply to any professional services (i.e., support or consulting) offered or provided to enterprise customers.

By purchasing or using the Support Services, you accept this Service Agreement. Your use of the Support Services, is also subject to Smile Zemi’s terms including, but not limited to, the Smile Zemi Terms of Service, the Smile Tablet Hardware Warranty Policy, and the Smile Tablet Care Terms of Use collectively referred to as “Additional Terms”) and any other policies applicable to the services associated with the Smile Zemi product. The Service Agreement and Additional Terms, if applicable, constitute the entire agreement between you and us with respect to the Support Services. These Service Agreement terms control in the event of conflict between these Service Agreement terms and the Smile Zemi Terms of Service.

To the maximum extent not prohibited by law, JustSystems America, Inc. reserves the right at any time in its sole discretion to change the Support Services and this Service Agreement. If changes increase the price or materially decrease the level of Support Services purchased, 30 days’ email notice will be provided. Your use of the Support Services after the effective date of any change constitutes your acceptance of the changed Support Services and Service Agreement.

Sections 6 (Arbitration and Dispute Resolution), 9 (Indemnity), 10 (Copyright Infringement Policy), 12 (Feedback), and 13 (General Provisions) of the Smile Zemi Terms of Service also apply to the Support Services and are herein incorporated by reference (substituting “Support Services” for “Services” where applicable). ALL LIMITATIONS OF REMEDIES AND DISCLAIMERS OF WARRANTIES, CONDITIONS AND LIABILITY FORM AN ESSENTIAL BASIS OF THE PARTIES’ AGREEMENT.

THE SUPPORT SERVICES ARE GOVERNED BY THIS SERVICE AGREEMENT AND ANY APPLICABLE ADDITIONAL TERMS ONLY, AND NOT BY ANY OTHER SERVICE AGREEMENT WITH JUSTSYSTEMS. YOU REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND THAT YOU HAVE READ AND UNDERSTAND ALL THE PROVISIONS OF THIS SERVICE AGREEMENT.

1. Provision of the Support Service

We shall provide the support described in the "Support Details" section below (the “Support Services”). This support is an optional service in which we consult with you about how to resolve any issues regarding how to operate Smile Zemi that you experience while using Smile Zemi and are unable to resolve on your own.

2. Service Provision Terms and Conditions and Period

1. Consent for Remotely Based or Data-Connected Services. The software used with the Support Services may connect to JustSystems and other service providers over a data connection (e.g. the internet or a wireless carrier). In some cases, you will not receive a separate notice when they connect. By using the Support Services, you consent to the transmission of information via the Support Services.
2. Misuse of Remotely Based or Data-Connected Services. You may not use the Support Services in any way that could harm JustSystems, its affiliates or any other service provider or any computer network or system or impair anyone else’s use thereof. You may not use the Support Services to try to gain unauthorized access to any service, data, account or network by any means.
3. Cooperation and Supportability. JustSystems’s ability to deliver the Support Services depends upon your full and timely cooperation as well as the accuracy and completeness of any information you provide. JustSystems reserves the right to cancel the Support Services and/or provide a refund due to problems with your device, your system requirements, or configuration, or for any other reason beyond our control that makes providing the Support Services impossible or impractical. In some cases, we may keep your dedicated tablet during the investigation into the cause of a device malfunction of the dedicated tablet or other difficulty. In such case, you acknowledge in advance that you will temporarily be unable to use the Smile Zemi services and that no refund of fees or extension of contract term will be made for the Smile Zemi services during such period.

3. Support Details

1. We provide you with support by responding to your inquiries regarding the basic operation of the Smile Zemi dedicated tablet and other use of Smile Zemi's services.
2. The method of providing support is limited to those separately designated by us.
3. The following items are excluded from the scope of support:
   • Matters concerning use in an environment other than the operating environment specified by us;
   • Matters concerning products or services other than Smile Zemi;
   • Matters concerning your specific operating environment (Internet environment, tablet peripheral devices, etc.);
   • Support while traveling;
   • Confirmation and verification of compatibility with other companies' products or services; and
   • Educational guidance or advice or consulting on how to solve a question or problem.

4. Fees

The Service is free of charge. Furthermore, the Service is provided by a toll-free telephone line, web form, or online chat, but you may incur telephone charges or other telecommunications charges depending on your calling environment. We appreciate your understanding.

5. Notices

When you sign up for Support Services and give your email address, you consent to JustSystems providing you notifications about the Support Services or information the law requires us to provide to you via that address. Notices emailed to you will be deemed given and received when the email is sent.

6. No Warranty, Limitation of Remedies

1. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SUPPORT SERVICES ARE PROVIDED “AS IS” AND JUSTSYSTEMS DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY CONDITION OR QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SUPPORT SERVICES, SOFTWARE, DIAGNOSTICS, OR OTHER MATERIALS OR INFORMATION WE PROVIDE. YOU BEAR THE ENTIRE RISK OF THE SUPPORT SERVICES’ QUALITY AND PERFORMANCE.
2. LIMITATION OF REMEDIES. If the law provides any implied warranties despite the exclusions and limitations in this Service Agreement, your remedies are limited as determined by us, in the case of Support Services, to either:
   1. (a) Re-performance of the Support Services, or
   2. (b) a refund of the price you paid (if any) for the Support Services.
   THIS IS YOUR ONLY REMEDY FOR A BREACH OF WARRANTY OR CONDITION, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
   Unless the law mandates otherwise, we will determine the order in which these limited remedies are provided. You may have additional consumer rights under the law which this Service Agreement cannot change.

7. Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

• IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU CAN RECOVER FROM JUSTSYSTEMS AND ITS VENDORS ONLY DIRECT DAMAGES UP TO $5.00 USD; ANDNEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF YOUR DATA OR LOSS OF BUSINESS, FOR ANY MATTER RELATED TO THIS SERVICE AGREEMENT, ANY SUPPORT SERVICES OR ANY OTHER MATERIALS OR INFORMATION THAT JUSTSYSTEMS PROVIDES, EVEN IF JUSTSYSTEMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY WERE FORESEEABLE.

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO EITHER PARTY’S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATION OR THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU ARE RESPONSIBLE FOR YOUR USE OF THE SUPPORT SERVICES AND ARE LIABLE FOR ANY RESULTING DAMAGE THEREFROM TO THE MAXIMUM EXTENT THE LAW PERMITS.

8. Other

We will determine the content, fees, or period of the Support Service and whether it is for a charge or free of charge. Furthermore, these details relating to the Support Service, including revision or abolition of the Support Service, are subject to change without prior notice.

9. Handling of Repairs for the Dedicated Tablet

In the event that your dedicated tablet or its accessories are damaged or break down while you are using Smile Zemi, we will repair or replace it through the warranty service based on the product warranty included in the dedicated tablet packaging (free of charge) or through Smile Tablet Care (for a charge). For the use of these services, please refer to the warranty policy or the Smile Tablet Care Terms of Use separately stipulated by us.

10. Notice to California Consumers Only

Notwithstanding anything to the contrary in these Support Services Terms of Use, to the extent of any conflicts between the provisions of this Article 10, on the one hand, and any other article of these Support Services Terms of Use and the Additional Terms, on the other hand, this Article 10 shall take precedence.

1. An estimate for repairs, as required (section 9844 of the California Business and Professions Code), shall be given to you in writing. We may not charge for work done or parts supplied in excess of the estimate without your prior consent. Where providing in writing, we may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information, contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento, CA 95814, U.S.
2. As a buyer of a Dedicated Tablet, you have the right to have this product serviced and repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of your hands for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect has been fixed. The warranty period also will be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of you, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. The time extension does not affect the protection or remedies you have under other laws.
3. In addition to the price of your purchase, we will charge you sales tax on applicable transactions based on your shipping address and the sale tax rate in effect at the time your order is billed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply. The proof of purchase that we send to you will include any applicable sales tax.