Last update date: June 1, 2023

JustSystems America, Inc. ("we," "us," and "our") sets out the following terms of service (these "Terms") for the repair and replacement service ("Smile Tablet Care") for the dedicated tablet ("Dedicated Tablet") used for the Smile Zemi provided by us.

These Terms shall be in accordance with the Smile Zemi service terms of use (the "Terms of Service") separately established by us regarding Smile Zemi, and the content of the Terms of Service shall apply to any arrangements not set forth in these Terms. In the event of any conflict between these Terms and the Terms of Service, these Terms shall prevail unless these Terms expressly provide otherwise. Any terms used in these Terms that are not specifically provided for in these Terms shall be based on the definitions of terms in the Terms of Service.

Article 1 Covered Persons

Smile Tablet Care is provided by us for each Dedicated Tablet for customers who have entered into an agreement for Smile Zemi pursuant to the Terms of Service.

Article 2 Application for Enrollment

1. You may only enroll in Smile Tablet Care if you purchased a Dedicated Tablet directly from us at the time of applying for a Smile Zemi subscription agreement or during the agreement term.
2. When enrolling in Smile Tablet Care, upon agreeing to these Terms, you shall make an application in accordance with the procedures separately established by us. Upon our acceptance of such application and the completion of such procedures, an agreement based on these Terms will be established, and you will be deemed to have enrolled in Smile Tablet Care and will be registered for its use.

Article 3 Smile Tablet Care Applicable Conditions

1. Smile Tablet Care is provided as a repair or replacement service in the event of failure or damage (collectively, "Failure") of a Dedicated Tablet, and it will not apply in circumstances set forth in Section 7 below. Furthermore, the details of applicable conditions will be separately stipulated by us.
2. You will present the Dedicated Tablet for which Smile Tablet Care is applicable pursuant to the preceding paragraph using the method separately designated by us, and can receive repair or replacement service for the Dedicated Tablet by also submitting (a) confirmation of your enrollment in Smile Tablet Care, (b) proof of purchase of Smile Tablet Care, and (c) information about the symptoms and causes of the issues with the Dedicated Tablet.
3. In the case of the preceding paragraph, we shall, at our discretion, repair or replace your Dedicated Tablet for the current repair fees as proposed by us. Fees are subject to change. We may provide an estimate for repair fees, and revise that estimate upon receipt of the applicable Dedicated Tablet and identification of additional issues. Please note that "repair" refers to handling repair by the replacement of some parts of a Dedicated Tablet or other method, and "replacement" means replacing the Dedicated Tablet presented by you with a replacement Dedicated Tablet that is new or is equivalent to a new product in terms of performance and reliability.
4. Any Dedicated Tablet or parts that have been replaced or repaired shall be collected as our property, and any Student data (including personal information) recorded in such collected items shall be disposed of at our responsibility.
5. Smile Tablet Care is only provided in the United States of America (limited to the 50 states and the District of Columbia).

Article 4 Cancellation of Registration for Use by Us

1. If you owe Smile Tablet Care usage fees after the due date for payment has passed, we may revoke your registration for use of Smile Tablet Care without any prior notice or demand to you.
2. We may cancel your registration for use of Smile Tablet Care without prior notice or demand to you if we determine that any of the following items apply to you: (a) if the details in the application when enrolling in Smile Tablet Care are false; (b) if we determine that there is misconduct in the status of use of Smile Tablet Care, such as making a false notification to us regarding the applicable conditions set forth in Article 3; or (c) if any provision of the Terms of Service or these Terms has been breached.In such case, your usage fees and other obligations to us that you have already incurred shall be immediately due and payable, and shall pay such obligations to us in a lump sum based on our instructions. Furthermore, there will be no refund whatsoever for Smile Tablet Care usage fees already paid to us.

Article 5 Fees

1. You shall pay the usage fee (annual fee) determined separately by us for the use of Smile Tablet Care.
2. The usage fees, calculation methods, and payment methods, etc. that arise when using Smile Tablet Care shall be separately stipulated by us. You shall bear the sales tax and other taxes levied on the usage fees.
3. We may change the usage fees without your consent, and in such case, notification to you shall be in accordance with the method of notification set forth in the Terms of Service.
4. Unless otherwise provided for in these Terms, we shall not reduce or refund the usage fees paid by you.
5. In the event of repair or replacement under Smile Tablet Care, we may charge you for shipping fees and a deposit as separately stipulated by us.

Article 6 Applicable Period

1. The applicable period for Smile Tablet Care (the "Applicable Period") commences from the date of delivery of the initial purchase of the Dedicated Tablet and lasts for one year from the first day of the month following the month in which the initial purchase of the Dedicated Tablet is shipped (the "Calculation Date") (one year meaning up to the day before the same month and day as the Calculation Date in the following year; if the same month and day as the Calculation Date does not exist in the following year, then up to 365 days from the enrollment date) and excluding any days during which the Product was out of the initial purchaser’s hands for warranty repairs.
2. Unless you express an intention to cancel your automatic renewal by the date and in the manner set forth in the automatic renewal notice we will send you, your Smile Tablet Care will automatically renew for a further one-year period. However, automatic renewal of Smile Tablet Care is conditional upon the subscription agreement for Smile Zemi executed with us being in effect, and if the subscription agreement has ended as of the expiration date of the Applicable Period, the Smile Tablet Care will be not be automatically renewed.
3. Notwithstanding the preceding two paragraphs, if you had a Dedicated Tablet replaced pursuant to Article 3, the Applicable Period will end at that time, even during the Applicable Period. In such case, if you wish to continue to be enrolled in Smile Tablet Care, you will need to carry out the procedures to enroll in Smile Tablet Care again pursuant to these Terms.
4. You can apply for cancellation of automatic renewal from Parent Portal (https://parent.smile-zemi.com/pp/s/) or 1-800-886-4902.

Article 7 Exclusion from Smile Tablet Care

We shall be relieved of any obligation to provide repair or replacement services under Smile Tablet Care in any of the following cases:

• (1) Failure caused by your acts or omissions;
• (2) Failure caused by seizure, confiscation, or any other cause due to a public agency;
• (3) You make a false notification to us regarding applicability conditions under Article 3;
• (4) Your notification of Failure is due to a criminal act such as fraud or embezzlement;
• (5) You fail to pay your obligations to us under these Terms or the Terms of Service;
• (6) Failure in a Dedicated Tablet obtained outside of our official sales contact;
• (7) Failure caused by fire, earthquake, volcanic eruption, typhoon, tsunami, or other external factors;
• (8) Failure due to natural wear and tear, rust, alteration, processing, or other similar reasons;
• (9) Consumption or failure of the tablet device accessories or battery;
• (10) Failure due to loss, theft, or other cause outside the applicable scope;
• (11) Damage due to aging from ordinary use or cosmetic damage that does not affect the functionality of the Dedicated Tablet;
• (12) Preventative maintenance (prior measures to prevent the Failure, etc. of a Dedicated Tablet that may occur in the future);
• (13) Failure caused by reckless acts, abuse, deliberate or intentional acts, or the use of the Dedicated Tablet in an unusual manner or a manner other than that for which we designed it;
• (14) Failure caused by a product other than a Dedicated Tablet;
• (15) Failure in a Dedicated Tablet that has been repaired (limited to repair performed by third parties other than us), modified, or altered (regardless of the cause);
• (16) Failure in a Dedicated Tablet occurring prior to your registration for use of Smile Tablet Care if registration for use in Smile Table Care is done after purchasing the Dedicated Tablet;
• (17) Failure in a Dedicated Tablet which has had its serial number altered, made unreadable, or removed;
• (18) Loss, loss of use, damage, destruction, inability to access, or inoperability of any electronic hardware or software, or components thereof, used to store, process, access, transmit, or receive information within a Dedicated Tablet that occurs as a result of a cause or loss not specifically described as subject to application of Smile Tablet Care (including unauthorized access or use of the relevant system, denial of service attacks, and receipt or transmission of malicious code); or
• (19) Loss, inability to use, damage, destruction, inability to access, or inoperability of electronic data stored in the Dedicated Tablet (including any such loss arising from unauthorized access or use of data, denial of service attacks, or receipt or transmission of malicious code).

Article 8 Changes to the Terms

To the maximum extent not prohibited by law, we may change the content of these Terms without your consent, and we will either post them on the Smile Zemi website or notify you by a reasonable method that we deem appropriate.

Article 9 State Specific Terms

Notwithstanding anything to the contrary in these Terms, to the extent of any conflicts between the provisions of this Article 9, on the one hand, and any other article of these Terms and the Additional Terms, on the other hand, this Article 9 shall take precedence.

Notices to California Consumers Only

1. If you cancel within thirty (30) days of your receipt of these Terms, you will receive a full refund less the value of any service provided under the plan when you provide written notice of cancellation. If we fail to refund the purchase price to you within thirty (30) days of our receipt of your written notice of cancellation, we are required to pay you a penalty of 10% per month for the unpaid amount due and owing to you. The right to cancel and receive this penalty payment only applies to the original owner of the Covered Tablet and may not be transferred or assigned.
2. 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.
3. 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.
4. In addition to the price of your purchase, we will charge you applicable sales tax on applicable transactions based on your shipping address and the sales tax rate in effect at the time your order is billed. If the relevant sales tax rate for the state and/or county 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.