Last update date: June 1, 2023

JustSystems America, Inc. ("we," "us," and "our") warrants to the initial purchaser of the Smile Tablet (the "Product") that during the one-year period beginning from the date of delivery of the initial purchase and excluding any days during which the Product was out of the initial purchaser’s hands for warranty repairs (the "Warranty Period"), we will repair or replace the Product as set forth below (the "Warranty") in the event that it ceases to function in accordance the latest specifications of the Product. This warranty applies only to the Smile Tablet itself. It does not apply to the tablet’s accessory pen, pen strap, cover, AC adaptor, or power cord. We do not warrant that the operation of the Product will be uninterrupted or error-free. We are not responsible for damage arising from failure to follow instructions relating to the Product’s use.

With your initial purchase of the Product, you accept this Warranty. Your use of the Warranty is also subject to Smile Zemi’s terms including, but not limited to, the Smile Zemi Terms of Service, the Smile Zemi Support Services Terms of Use, 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 Product. The Warranty and Additional Terms, if applicable, constitute the entire agreement between you and us with respect to the Warranty. This Warranty controls in the event of conflict between this Warranty and the Smile Zemi Terms of Service.

In the event that the Product ceases to function in accordance with the latest specifications of Smile Zemi during the Warranty Period, the user's sole remedy and our sole and exclusive liability is limited to repairing such Product or replacing such Product with a new or Refurbished Product at our option and at our expense. “Refurbished Product” means a product that has been restored to the original specifications. We will not refund the subscription fee if there is a period of time during which you are unable to use Smile Zemi during the period between the time you have applied for the warranty for the Product under this policy and it is replaced, but we will extend the Warranty Period by the number of days of such proposal. DURING THE WARRANTY SERVICE, THE CONTENTS OF THE STORAGE MEDIA WILL NOT BE TRANSFERRED TO THE NEW DEVICE. WE AND OUR AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE PRODUCT.

THIS WARRANTY APPLIES TO NO OTHER EVENT THAT OCCURS WITH THE PRODUCT.

If we replace the Product under the Warranty, the replacement will be subject to our normal hardware warranty and liability agreement for the remainder of the Warranty Period.

All warranty claims are subject to the following:

• (i) Our receipt from you within the Warranty Period of notice of a defect in the Product;
• (ii) Our confirmation of the existence of a defect in the Product;
• (iii) To the extent not prohibited by law, our receipt from you of valid proof of purchase and the purchase date; and
• (iv)Your return of the Product to us at your expense.

This Warranty shall be null and void and shall not apply if the Product:

1. Has been altered or tampered with;
2. Has been used for commercial purposes (including rentals, education centers, and schools, etc.);
3. Has been lost or stolen; or
4. Falls under any of the following, or otherwise fails or is damaged due to reasons attributable to you:
   1. Failure or damage due to carelessness on your part (e.g., due to being dropped);
   2. Failure or damage due to being use for a purpose other than use of the Product with the Smile Zemi services;
   3. Failure or damage due to use in conjunction with a product whose use we have not approved;
   4. Failure or damage due to reasons not attributable to the Product;
   5. Failure or damage as a result of disassembling or altering the Product;
   6. Failure or damage due to exposure to liquids or foreign substances, etc.
   7. Failure or damage due to a natural disaster (e.g., lightning strikes, earthquakes, or wind and flood damage) or due to pollution, salt damage, or abnormal voltage;
   8. Failure or damage due to your own acts or omissions, negligence, misuse, or inappropriate handling;
   9. Replacement of consumable parts such as batteries; or
   10. Wear and tear from ordinary use, or scuffing or denting on the surface of the device, etc.

To contact our customer service department about an issue related to the Warranty, please visit Parent Portal, or call 1-800-886-4902.

Please be sure to request a return through our website before returning the Product to us. If we believe that there is a possibility of a valid warranty claim, and to the extent not prohibited by law, have confirmed the location and date of the initial purchase of the Product, we will explain how to return the Product. If it is returned without contacting our customer service or if it is not returned by the method designated by us, the Warranty will not apply regardless of whether the Warranty Period is in effect. In addition, when replacing this Product, we may charge you for shipping fees and a deposit as separately stipulated by us.

When returning the Product, it is your responsibility to ensure that there is no damage during transportation. We are not liable for the transportation or for any damages suffered to the Product during the transportation. We encourage you to take photographs of the Product before entrusting it to a shipping company or to purchase insurance from the carrier of your choice.

THIS WARRANTY IS PROVIDED TO YOU IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT, WHICH ARE HEREBY WAIVED. HOWEVER, IF SUCH A WARRANTY IS REQUIRED BY LAW, IT WILL BE LIMITED TO THE WARRANTY PERIOD SPECIFIED BY LOCAL LAW. WE DISCLAIM ANY REPRESENTATION OR WARRANTY THAT WE WILL BE ABLE TO REPLACE THE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE PRODUCT.

YOUR SOLE AND EXCLUSIVE REMEDY AND OUR MAXIMUM LIABILITY SHALL BE LIMITED TO THE REPLACEMENT OF THE PRODUCT. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF LAW FOR ANY LOSS OF DATA, LOSS OF PROFITS, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR A THIRD PARTY, REGARDLESS OF WHETHER SUCH DAMAGE IS DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL, OR ARISING FROM YOUR USE OF HARDWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGE, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

This Warranty grants you certain legal rights and you may have other rights that vary from state to state. This Warranty is valid only in the United States of America (limited to the 50 states and the District of Columbia). If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of your state of residence

In the event that this Warranty does not apply to the repair or replacement of a Product, then you may elect a repair or replacement of the Product in accordance with the Smile Zemi Support Services Terms of Use.

Notice to California Consumers Only Notwithstanding anything to the contrary in this Hardware Limited Warranty Policy, to the extent of any conflicts between the provisions of this Notice to California Consumers Only, on the one hand, and any other article of these Hardware Limited Warranty Policy and the Additional Terms, on the other hand, this Notice to California Consumers Only 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 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.