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PRODUCTION DRAFT VERSION

Extended Warranty

This Privoro Extended Warranty Plan Agreement (the "Agreement") is provided to you, the original purchaser ("You" or "Customer") in connection with the original purchase of a Privoro Product. The terms of this Agreement together with any applicable Privoro Limited Warranty Statement comprise the entire agreement between Customer and Privoro, LLC ("Privoro," "We," or "Us") with respect to repair or replacement of any Privoro Product. The Extended Warranty Plan extends only to You and is not transferable to anyone who subsequently purchases, leases, or otherwise obtains the Product from You, and applies only to Your personal or business use of the Product. The Extended Warranty Plan is valid only for Products purchased directly from Privoro or from authorized resellers in authorized distribution territories as defined by Privoro and listed on the Privoro website at the time of purchase (the "Distribution Territory"), and any request for services under the Extended Warranty Plan must be made in the same country or authorized Distribution Territory in which the Product was originally purchased. Unauthorized use or resale of the Product shall render this Extended Warranty Plan null and void.

1. Supported Products

This Service is available on supported products which include the Privoro privacy guard for smartphones and for computers ("Supported Products"). The specific Product covered under this Agreement is described on your invoice or proof of purchase documentation.

2. Term of Service

This Agreement commences on the date of original purchase and continues through the Term of Service. The "Term of Service" begins on the date of original purchase and extends for two (2) years. Unless otherwise agreed in writing between Privoro and the Customer, purchases of Services under this Agreement shall be solely for Customer's own internal use and not for resale or service bureau purposes.

3. Plan Benefits

The Extended Warranty Plan has two features: (1) extended term of limited warranty coverage and (2) an accidental damage recovery benefit.

  1. Extended Term. The Extended Warranty Plan Period covers defects in materials or workmanship during the Term of Service. During the Term of Service, Privoro will, at its option: (1) provide replacement parts necessary to repair the product; or (2) repair the Product or replace it with a comparable product. Replacement parts and replacement Products will be provided only within an authorized Distribution Territory; will be new or serviceably used, comparable in function and performance to the original part or Product; and will be warranted for the remainder of the original warranty period or, if longer, 90 days after they are shipped to You.
  2. Accidental Damage. The Extended Warranty Plan covers ONE (1) claim for repair or replacement due to accidental breakage or damage, including damage due to moisture or immersion, during the Service Period. Repair or replacement due to accident or exposure is subject to your payment of a DEDUCTIBLE payment of One-Hundred-Twenty-Nine Dollars ($129.00). Upon receipt of the deductible payment, Privoro will replace the damaged Product with a comparable new or like-new Product. Once the damaged Product has been replaced under this Plan, the Accidental Damage benefit has been completely satisfied, and Privoro shall have no further responsibility or obligation for damage or Product failure due to any causes listed in Section 4 (Exclusions).
4. Limitations and Exclusions (What is Not Covered).

This Extended Warranty Plan does not cover, and Privoro is not responsible for:

  1. Delivery, assembly, installation, set-up, or adjustment for original or replacement Products or labor or other costs associated with removal or replacement of the Product
  2. Damage caused by misuse; abuse (including dented, bent, broken, or damaged connectors due to rough handling); accident; fire; flood; wind, lightning, freezing, or other natural weather or exposure conditions of any kind; corrosion or other damage caused by exposure to water, liquid content or excessive humidity; neglect; theft; vandalism; misplacement; power surges, fluctuations, reductions, or failures; connections to improper voltage or incorrect electrical line voltage; viruses; malware; reckless, willful, or intentional conduct; or any modification or use of the Product that is not authorized or recommended by Privoro (except that damage caused by accident or water exposure may qualify for one-time replacement subject to a DEDUCTIBLE payment of $129.00)
  3. Damage caused by service or attempted service not authorized by Privoro
  4. Damage caused by use that is not in accordance with Product instructions or User Manual, including damages caused by failure to perform cleaning or preventive maintenance
  5. Damages caused by the combination of Products with other non-Privoro products, accessories, parts or components or use of the products, equipment, utilities, services, or parts (including applications, installations, repairs, wiring, or connectors) not supplied or authorized by Privoro which damage the Product or result in service problems
  6. Damage to other non-Privoro products (including smartphones), accessories, parts or components not supplied or authorized by Privoro
  7. Damage or failure due to normal wear and tear, improper assembly or maintenance, or installation of parts or accessories not originally intended for or compatible with the Privoro Product
  8. Uninterrupted or error-free operation of the product
  9. Software, including firmware, installed on or added to the product (for terms of service related to Software, refer to the applicable End User License Agreement)
  10. Cosmetic damage, exterior finish, discoloration of paint or plastic, or other issues that do not affect product functionality
  11. Modifications or adaptations made to enable a Product to operate in a country other than the country for which it was designed, manufactured, approved or authorized for sale, or repair of Products damaged by these modifications
5. Expedited Exchange Terms

Privoro may offer to provide a replacement part or product ("Replacement Item") to you on an Advanced Exchange Basis. Before providing an Advanced Exchange, Privoro may require a valid credit card number and credit authorization or payment for the Replacement Item from You prior to sending you such Replacement Item. We will not charge your credit card for the Replacement Item, or We will refund your payment for such Replacement Item as long as: 1) You return the original part or product to Us within 10 days of your receipt of the Replacement Item and 2) We confirm that Your product issue is covered under the Limited Warranty or the Extended Warranty Plan. If We do not receive Your original part or product within 10 days, We will charge your credit card for the then-current standard price for the Replacement Item, or, if payment was required in advance of shipment, We will not refund your payment. If upon receipt of Your original part or product, We determine that your product issue is not covered under the Extended Warranty Plan, then You will be given the opportunity to return the Replacement Item, at Your sole expense, within ten (10) days from the date We contact you regarding the lack of coverage for your issue, and if you do not return the Replacement Item, then We will charge your credit card for the then-current standard price for the Replacement Item, or, if payment was required in advance of shipment, then We will not refund Your payment. If You require a Replacement Item but do not wish to provide credit authorization or payment pursuant to this paragraph, You will not receive an Advanced Exchange.

6. Important Additional Information

Governing Law. THIS AGREEMENT SHALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

Severability. If any provision of this Agreement is void or unenforceable, the parties agree to delete it and agree that the remaining provisions will continue to be in effect.

Assignment. Privoro may assign this Service and/or Agreement to qualified third party service providers.

Complete Agreement. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PRIVORO, WITH RESPECT TO THE SERVICES DESCRIBED HEREIN. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AND WRITTEN PROPOSALS AND COMMUNICATIONS PERTAINING TO THE SUBJECT MATTER HEREOF, EXCEPT AND TO THE EXTENT OF THE LIMITED WARRANTY STATEMENT WHICH REMAINS IN EFFECT WITH REGARD TO AND DURING THE LIMITED WARRANTY PERIOD.

Cancellation. YOU MAY CANCEL THIS AGREEMENT BY PROVIDING TO PRIVORO AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF THE DECISION TO CANCEL. PRIVORO WILL ISSUE A REFUND TO YOU FOR ANY UNUSED PORTION OF THE SERVICE TERM FOR WHICH YOU HAVE PAID. IF MORE THAN THIRTY (30) DAYS HAVE TRANSPIRED FOR THE CURRENT CONTRACT YEAR, THEN A REFUND WILL NOT BE PAID FOR THAT CURRENT CONTRACT YEAR. THE BASE LIMITED WARRANTY MAY NOT BE CANCELLED. CANCELLATION OF EXTENDED WARRANTIES OR ADDITIONAL SERVICES AT ANY TIME AFTER THE ORDER IS PLACED MAY REDUCE ANY APPLICABLE DISCOUNT AND MAY REQUIRE RETURN OF THE COMPLETE PRODUCT.

Privoro may cancel this Service at any time during the Service term for any of the following reasons:

  1. Customer fails to pay the total price for this Service in accordance with the invoice terms;
  2. Customer refuses to cooperate with the assisting analyst;
  3. Customer fails to abide by all of the terms and conditions set forth in this Agreement;

Cancelation: Calculation of Refund. You may cancel this Agreement at any time by following the procedures for cancelation set forth in this Agreement. If you cancel this Agreement within 30 days of receipt of this Agreement, you will receive a full refund if no claims have been made against the contract. If any claim has been made against the contract, then you will receive a pro-rata refund based on the retail value of any service performed. If you cancel this Agreement after thirty (30) days of your receipt of this Agreement, you are entitled to a pro-rata refund as follows: Refund = The Total Price minus (a) the number of days from the date you receive the covered hardware until we receive notice of your cancellation divided by the term of this Agreement; (b) 0.1 multiplied by the Total Price; and (c) the cost of any repair or replacement provided to you before cancellation.

Geographic limitations & relocation. This Service will be delivered to the site(s) indicated on the Customer's invoice. This Service is not available in all areas. In situations when relocation occurs to a destination country where the Service is already available, Privoro will use commercially reasonable efforts to honor the Service obligation, per the terms of Service in the destination country. In situations where relocation occurs to a country where the Service is unavailable, the Service does not transfer. Service options, including service levels and technical support hours will vary by geography and certain options may not be available for purchase in Customer's location.

State-Specific Provisions for U.S. Customers who purchased for personal, family, or household purposes. The terms stated in this paragraph are specific to warranties and services purchased for a separate charge in certain states. Some states provide specific statutory rights and remedies related to extended service agreements. If you a permanent resident of such a state, you may have certain rights that are specific to or supplemental to the rights and remedies contained here. If you are not a permanent resident of such a state, then you are not eligible for these rights and/or remedies. The obligations of Privoro under this Agreement are provided by Privoro, LLC, and are backed by the full faith and credit of Privoro, LLC.

7. Instructions for Obtaining Extended Warranty Service.

To obtain warranty service, first contact Privoro Customer Support by email or telephone:

  1. Email: support@privoro.com
  2. Telephone: +1 (844) PRIVORO774-8676

You may be asked to assist Privoro in diagnosing issues with your Product prior to returning the Product to Privoro, and You agree to provide such assistance. If so requested, you must deliver the Product in either its original packaging or packaging affording an equal degree of protection to the Privoro authorized service facility specified. A dated purchase receipt is required. Privoro may require that you ship the Product or certain parts back to Privoro. If it is determine that the Privoro Product must be returned for inspection, repair, or replacement, Privoro will provide You with shipping materials and a Return Materials Authorization ("RMA") number. You are responsible for paying all freight charges incurred in shipping the defective parts or Product back to Privoro, provided that Privoro will refund the costs incurred if a valid warranty claim is made. You are responsible for assuring that all parts and components are returned to Privoro, and that no personal or third party items or components are sent to Privoro. Privoro will not return and is not responsible for loss or damage to personal or third party items erroneously sent to Privoro. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT DURING SHIPMENT TO PRIVORO OR THE AUTHORIZED PRIVORO SERVICE CENTER.

8. Implied Warranties.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. PRIVORO DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.

9. Limitation of Liability.

PRIVORO SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. PRIVORO'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT. PRIVORO IS NOT LIABLE TO YOU FOR EVENTS BEYOND PRIVORO'S CONTROL, ACTS OF GOD, VIRUSES, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This Extended Warranty Plan gives you specific legal rights and you may have other rights which vary from state to state, or by jurisdiction. To the extent limited or restricted by state or local law, these limitations shall apply to the full extent allowable under such law.

10. Unauthorized Repairs.

Any attempt to repair the Product may create a risk of injury. PRIVORO IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY ARISING FROM ANY PERSONAL INJURY INCURRED DURING THE COURSE OF, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR BY YOU OR ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN. All repairs attempted by You on the Product are undertaken AT YOUR OWN RISK and Privoro shall have no liability for any injury to person or property arising from such unauthorized repairs.

11. International Support.

Support, including repair and replacement, is provided only in authorized Distribution Territories. You are responsible for and must comply with all applicable export laws and regulations if You export the Product from the original place of purchase. Customers outside the United States are responsible for paying all freight and brokerage charges incurred in shipping (including importing/exporting costs) any defective parts to Privoro. International Customers are responsible for all customs duties, VAT, GST and other associated taxes and charges.

This Extended Warranty Plan gives you specific legal rights. You may also have other rights which vary from state to state, jurisdiction to jurisdiction, or province to province.

This Extended Warranty was last updated on January 5, 2016.