Warranty

Warranty

FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS LIMITED WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.

Limited Warranty

This limited warranty is provided by MiaLinkup to purchasers of the Hardware (“you”). Hardware devices provided by MiaLinkup (“Hardware”) are warranted to be free from defects in materials or workmanship under normal use (a) for new Hardware, one (1) year from the date of purchase by the original end user purchaser, and (b) for refurbished Hardware, ninety (90) days after the date the refurbished Hardware is shipped by MiaLinkup to you or the remainder of the new Hardware Warranty Period, whichever is longer (as applicable, the “Warranty Period”). Within the Warranty Period, MiaLinkup will, at its sole option, and as MiaLinkup’s sole liability and your exclusive remedy, (a) repair the Hardware with new or refurbished parts, (b) replace the Hardware with reasonably available equivalent new or refurbished Hardware, or (c) refund the actual purchase price of the Hardware less any rebates and discounts. Such repairs or replacement will be made at no charge to you for parts or labor, provided that you shall be responsible for the shipping and handling costs for your returns as described below. All Hardware and parts that are replaced become the property of MiaLinkup.

This limited warranty extends only to Hardware purchased from MiaLinkup or a MiaLinkup Authorized Reseller. This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless Hardware damage has occurred due to a defect in materials or workmanship of the Hardware; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of MiaLinkup; (v) damage to Hardware that has been modified or altered without the written permission of MiaLinkup; (vi) Hardware that has not been installed, operated, or maintained in accordance with instructions supplied by MiaLinkup and the MiaLinkup Terms of Service, or (vii) Hardware that was supplied or licensed for beta, evaluation, testing or demonstration purposes for which MiaLinkup does not charge a purchase price or license fee. In addition, MiaLinkup reserves the right to refuse warranty claims for Hardware that is obtained and/or used in contravention of the laws of any country.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE AND SERVICES PROVIDED BY MIALINKUP WITH THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE OR OTHERWISE DOWNLOADABLE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Without limiting the foregoing, MiaLinkup does not warrant that the operation of the Hardware, Software or Service (as those terms are defined in the MiaLinkup Terms of Service ( https://www.MiaLinkup.com/legal#terms ) will be uninterrupted or error free, or that use of the Hardware, Software or Services will result in any gas savings or efficiencies. Also, MiaLinkup does not warrant that the Hardware, Software or Service, or any equipment, system or network on which the Hardware, Software or Service are used will be free of vulnerability to intrusion or attack.

This limited warranty does not guarantee any continued availability of any third party’s service on which the Hardware’s use or operation may depend.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, ARE DISCLAIMED.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL MIALINKUP BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, ANY DATA ERASED BY MIALINKUP IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF HARDWARE), LOST REVENUE OR PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES, DAMAGE TO THE VEHICLE TO WHICH YOU CONNECT THE HARDWARE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE, SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT OF SUCH HARDWARE, SOFTWARE OR SERVICE, EVEN IF MIALINKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, ALTHOUGH MIALINKUP ENDEAVORS TO ENSURE SUCCESSFUL DETECTION OF CRASHES, MIALINKUP DOES NOT GUARANTEE THAT THE HARDWARE WILL DETECT OR REPORT ALL VEHICLE CRASHES OR THAT EMERGENCY ASSISTANCE WILL BE PROVIDED IN THE EVENT OF ANY CRASH. MIALINKUP IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY EMERGENCY RESPONDERS OR OTHER SERVICE PROVIDERS MIALINKUP CONTACTS ON YOUR BEHALF OR FOR MIALINKUP’S INABILITY TO CONTACT ANY EMERGENCY RESPONDER OR OTHER SERVICE PROVIDER IN ANY PARTICULAR SITUATION. THE HARDWARE IS EXCLUSIVELY FOR USE WITHIN THE U.S., AND MIALINKUP IS NOT LIABLE FOR ANY USE OUTSIDE OF THE U.S. FURTHER, MIALINKUP DOES NOT GUARANTEE THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR REGULAR SERVICE, AS WELL AS FOR DIAGNOSIS OF ANY PROBLEMS WITH YOUR VEHICLE, AND TO MAKE TIMELY AND APPROPRIATE REPAIRS. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL MIALINKUP’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE. IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES IN THIS SECTION TO “SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES” SHALL MEAN ANY LOSSES WHICH (i) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR (ii) WERE KNOWN TO YOU BUT NOT TO MIALINKUP AND/OR (iii) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU, INCLUDING WITHOUT LIMITATION LOSSES CAUSED BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA. The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose.

Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

No MiaLinkup employee, agent or reseller is authorized to make any verbal or written modification, extension or addition to this limited warranty, and MiaLinkup expressly disclaims any such change to this limited warranty. If any portion of this limited warranty is found to be void or unenforceable, its remaining provisions shall remain in full force and effect.

How to Submit a Warranty Claim

To obtain warranty service, contact support@mialinkup.com, and we will provide instructions on submitting your claim. You will be responsible for securely packaging the Hardware and including the requested information, such as account verification information. You are also responsible for all shipping and handling charges, in addition to any applicable customs duties, VAT or other associated taxes or charges when returning the Hardware. Hardware for which MiaLinkup cannot reproduce the claimed defect or for which your purchase cannot be verified will be rejected.

Defective Hardware covered by this limited warranty will be repaired or replaced and returned to you without charge or if elected by MiaLinkup, the purchase price will be refunded to you MiaLinkup does not ship replacement Hardware to locations outside the country in which the original Hardware was purchased. Repairs or replacements not covered by this limited warranty will be subject to charge at MiaLinkup’s then-current rates.

Please contact MiaLinkup at support@MiaLinkup.com for more information.


 

Intellectual Property

Patent Notice

MiaLinkup takes the protection of its intellectual property and technology seriously. MiaLinkup’s innovative, unique technology is protected by a robust, ongoing program of United States and international patent applications.

Trademark Notice

MIALINKUP, the A LOGO Design is trademarks of Sigma Smart Technologies LLC. Other trademarks, service marks, and trade names that may appear on the MiaLinkup website or in other materials are the property of their respective owners.

Trademark Usage Policy

This Trademark Usage Policy sets forth the proper use of trademarks, service marks (collectively “trademarks”) and logos of MiaLinkup by our licensees, authorized resellers, and other parties who have obtained MiaLinkup’s explicit permission to use MiaLinkup’s trademarks or logos on their promotional materials, instructional materials, websites, packaging, labels or elsewhere. This policy helps us protect our valuable trademark rights. If you’re a licensee of any MiaLinkup trademark or logo or an authorized reseller of MiaLinkup products and have specific trademark usage guidelines in your agreement with us, please follow those guidelines.

When referencing MiaLinkup trademarks and registered trademarks, always include the proper notation after the name and logo, which is ® for registered trademarks and ™ for trademarks. Always use the complete trademark in all communications. Never abbreviate a MiaLinkup trademark to create an acronym. When using a MiaLinkup trademark, never vary the spelling, add or delete hyphens, make one word two, or use a possessive or plural form of the MiaLinkup trademark. Do not combine MiaLinkup trademarks with your or any third-party trademarks. MiaLinkup logos may only be used under a separate written license from MiaLinkup. When using logos, always include the ® if the logo is registered or ™ if the logo is not registered. MiaLinkup trademarks may not be used as part of the product name for any third-party product. Products may be co-branded with a MiaLinkup mark only by written agreement with MiaLinkup. By using an MiaLinkup trademark or logo, you are acknowledging that MiaLinkup is the owner of all right, title, and interest in the trademark or logo, that all use of the MiaLinkup trademark or logo inures to MiaLinkup’s benefit, that you will not interfere with or challenge MiaLinkup’s rights in the trademark or logo, and that you will not bring the MiaLinkup trademark or logo into disrepute. No person or entity may reproduce or use (or authorize the reproduction or use of) any MiaLinkup trademark or logo in any manner other than expressly authorized by MiaLinkup.