MEEVOPAY POS TERMINAL LIMITED WARRANTY

The undersigned (“you,” or “Customer”) desire to receive electronic point of sale equipment (the “Equipment”) from Millennium Systems International, LLC (“MSI,” “we,” the “Company,” “our,” or “us”). This agreement sets forth the limited warranty provided by MSI to you in connection with your receipt and use of the Equipment. MSI provides the Equipment on an “AS IS” and “AS AVAILABLE” basis. Except as expressly set forth herein, and to the maximum extent permitted by law, MSI expressly disclaims all express and implied warranties, including as related to availability, the implied warranties of fitness for a particular purpose, merchantability and non-infringement, and the implied warranties arising out of any course of dealing, course of performance or usage in trade.

This limited warranty (the “Limited Warranty” or “Warranty”) governs the hardware provided to Customer by MSI as part of the Equipment Lease agreement between Customer and MSI. This Limited Warranty covers only the MSI provided point of sale device listed on Customer’s Order Form and subsequently shipped to Customer.

Limited Warranty coverage begins when the Order Form for the Equipment is executed (the “Commencement Date”), and shall continue until the end of the Initial Term (as defined in the Equipment Lease Terms and Conditions). The “Limited Warranty Term” begins on the Commencement Date and, unless cancelled or terminated, ends on the last day of the Initial Term. After the Limited Warranty Term, in the event the Equipment ceases to function and/or Customer is experiencing material problems with the functionality such Equipment, Customer and MSI shall proceed as set forth in Section 4.2 below. This Limited Warranty is further subject to your continued use and participation in MSI’s Software as a Service known as MeevoPay.

In the event you receive a replacement device from MSI pursuant to this Limited Warranty, a new warranty coverage period commences on the date the replacement Equipment is shipped to Customer, and ends on the twelve (12) month anniversary of the date thereof.

4.1 Hardware Service During Initial Term.

During the Limited Warranty Term, in the event the Equipment ceases to function and/or Customer is experiencing material problems with the functionality of such Equipment, Customer shall contact MSI in accordance with Section 5 below. MSI shall advise as to whether Customer should send the Equipment back to MSI. MSI shall, at its option, either repair the Equipment, or exchange the defective Equipment with a replacement product, at MSI’s cost and expense.

4.2 Hardware Service After Initial Term

At the end of the Initial Term, in the event the Equipment ceases to function and/or Customer is experiencing material problems with the functionality such Equipment, Customer shall contact MSI as set forth in Section 6 below, and Customer’s sole option is either: (a) purchasing a replacement product from MSI, at its then current list price; or (b) entering into a new lease agreement with MSI, pursuant to the terms and conditions set forth in a new lease agreement.

The Limited Warranty does not:

(i) apply to damage caused by (a) a product that is not the Equipment, (b) abuse, misuse, fire, earthquake, damage resulting from electrical surges due to Customer failure to reasonably protect Equipment with commercial grade surge protection devices, or other external causes, (c) operating the Equipment outside the permitted or intended uses described by the manufacturer, or (d) service performed by anyone who is not a representative of MSI, (e) operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event, such as drops and damage caused by liquid contact.

(ii) apply to a product with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer.

(iii) apply to Equipment that has been lost or stolen (NOTE: lost or stolen Equipment should immediately be reported to: meevopay_risk@meevo.com).

(iv) apply to cosmetic damage to the Equipment, including but not limited to scratches and dents that do not otherwise affect the functionality of the Equipment.

(v) apply to preventative maintenance on the Equipment.

(vi) apply to defects caused by normal wear and tear or which is otherwise due to normal aging of the product.

(vii) apply to merchant elective replacement or update of debit, point to point, or other encryption keys, and shall expressly not be used to attempt to facilitate the update or modification of same.

(viii) apply to countries, and territories located outside the United States.

(ix) include new configuration services, including but not limited to changing of data or debit encryption keys, operating system or third party software updates.

(x) include technical support for damage to, or loss of any software or data that was residing or recorded on the Equipment. The Limited Warranty does not cover the recovery or reinstallation of Customer data or information.

Customer may obtain hardware service pursuant to this Limited Warranty, by calling the telephone number or sending an email, as set forth in Section 10 below. If Customer calls, Customer must provide MSI the Equipment serial number. Customer must keep the Order Form for Customer’s Equipment, as they will be required if there is any question as to Customer’s Equipment’s eligibility for coverage.

In the event MSI determines to send replacement Equipment to Customer pursuant to this Limited Warranty, it shall also provide Customer with a shipping label for Customer to return the defective Equipment back to MSI. In the event MSI does not receive the defective Equipment from Customer within forty-five (45) days from the date MSI sends Customer the replacement Equipment, MSI may charge Customer an additional fee in the amount of the then current list price for replacement Equipment.

To receive service under the Limited Warranty, Customer agrees to comply with each of the terms listed below.

(i) Customer will provide the serial number of the Equipment.

(ii) Customer will provide information about the symptoms and causes of the issues with the Equipment.

(iii) Customer will respond to requests for information, including but not limited to the Equipment serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Equipment, any error messages displayed, the actions which were taken before the Equipment experienced the issue and the steps taken to resolve the issue.

(iv) Customer will cooperate with MSI in efforts to locally restore operability to Equipment. Customer cooperation may include but not be limited to firmware upload via portable storage devices, repeated equipment restart, testing to ensure the device has connectivity to telephone or data services, and manual invoking of equipment to connect to remote diagnostic systems. Customer failure to perform its responsibilities as defined herein will relieve MSI of its obligations hereunder.

(v) Customer will follow instructions MSI gives Customer, including but not limited to refraining from sending MSI products and accessories that are not subject to repair or replacement service and packing the Equipment in accordance with shipping instructions.

(vi) Customer will ensure Equipment has sufficient telephone or data connectivity to enable MSI to employ remote diagnostic and settings editing tools.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MSI AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO CUSTOMER OR ANY SUBSEQUENT OWNER OF THE EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM MSI’S OBLIGATIONS UNDER THIS LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF MSI AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO CUSTOMER AND ANY SUBSEQUENT OWNER ARISING UNDER THE LIMITED WARRANTY SHALL NOT EXCEED THE ORIGINAL LIST PRICE PAID FOR THE EQUIPMENT. MSI SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS LIMITED WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, MSI’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE EQUIPMENT. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

(i) MSI may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to Customer in doing so.

(ii) MSI is not responsible for any failures or delays in performing under the Limited Warranty that are due to events outside MSI’s reasonable control.

(iii) This Limited Warranty is offered and valid only in the fifty (50) states of the United States of America and the District of Columbia. This Limited Warranty may not be available in all states of the United States, and is not available where prohibited by law.

(iv) In carrying out its obligations MSI may, at its discretion and solely for the purposes of monitoring the quality of MSI’s response, record part or all of the calls between Customer and MSI.

(v) Customer agrees that any information or data disclosed to MSI under this Limited Warranty is not confidential or proprietary to Customer. Furthermore, Customer agrees that MSI may collect and process data on Customer’s behalf when it provides service.

(vi) MSI has security measures, which should protect Customer’s data against unauthorized access or disclosure as well as unlawful destruction. Customer will be responsible for the instructions Customer gives to MSI regarding the processing of data, and MSI will seek to comply with those instructions as reasonably necessary for the performance of its obligations under the Limited Warranty.

(vii) The terms of the Limited Warranty, including the original Order Form, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute Customer’s and MSI’s entire understanding with respect to the Limited Warranty.

(ix) There is no informal dispute settlement process available under this Limited Warranty.

(x) “MSI” is MSI, Inc., a Delaware corporation located at 8 Campus Drive Suite 205, Parsippany, NJ 07054.

(xi) Except where prohibited by law, the laws of the State of New Jersey govern this Limited Warranty.

For immediate assistance, please contact our team via live chat, phone, or email.*
(973) 402-8801
support@millenniumsi.com

Support Hours:

• Monday–Friday: 8AM–8PM EST
• Saturday: 9AM–5:30PM EST

*Telephone numbers and hours of operation may vary and are subject to change.