Helium Hotspot Limited Warranty (EU Only)

Effective: June 18, 2020

Scope of warranty:

Helium Systems, Inc. ("Helium") warrants that your Helium Hotspot product (the "Product") will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to you (the "Warranty Period") when used in accordance with Helium’s instructions for use and activation of the Hotspot.

For consumers, who are covered by consumer protection laws or regulations in their country of purchase, the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations which are under no circumstances limited or otherwise affected to your detriment by the warranty granted herewith. Consumers have the right to choose whether to claim service under this warranty and/or under their consumer law rights.

If a defect in the Product arises within the Warranty Period, Helium will, at its sole option and subject to applicable law, repair or replace the Product with a new or refurbished Product or component. Where a refurbished Product is provided this will be equivalent to new in performance and reliability.

This warranty does not apply (a) to Products you purchase from unauthorized resellers; (b) where the instructions for use and activation of the Product are not complied with; (c) where the Product is modified with third-party components; (d) where the warranty claim arises from use of incompatible or unauthorized third-party components; or (e) where the Product is damaged as a result of abuse, accident, unauthorized modification or other causes beyond our reasonable control. For clarity, this warranty only covers the Hotspot hardware itself, and does not cover any software, other hardware, tokens, products or services that Helium may provide.

Other than the consumer law rights to which a consumer is entitled (see above), all warranties, conditions and other terms not set out in this warranty are excluded from the Helium warranty. As a result, Helium does not make any other promises, conditions or warranties about the service other than set out in this warranty.

Warranty claims process:

To obtain remedies under this warranty, Helium must receive your claim before the end of the Warranty Period. You must obtain a Return Material Authorization ("RMA") from Helium and return the defective Product together with proof of purchase to the address specified by Helium in connection with the RMA. When obtaining remedies under this warranty (as opposed to your consumer law rights), you bear the cost of shipping the Product to Helium. By sending the Product, you agree to transfer ownership to Helium, and you retain the risk of loss of the Product until it is received by Helium. Helium may not return the original Product to you. Helium warrants that any repaired or replaced Product is covered by the original warranty for the remainder of the original Warranty Period, but repair or replacement do not restart a new Warranty Period. If the claim is justified based on this warranty, Helium shall bear the cost of shipping the repaired or replacement Product to you. Any Product returned to Helium with the intention to obtain remedies under this warranty without a valid warranty claim or without an RMA may be rejected and returned at sender's cost (subject to pre-payment) in Helium's sole discretion. For clarity, none of the above is intended to preclude and/or limit your consumer law rights.

To obtain an RMA from Helium, please follow instructions outlined in the Hardware Returns/Replacement article, posted at www.helium.com/warranty.

Changes:

This warranty may not be amended, waived, or supplemented except in a separate written agreement signed by Helium and you. Helium may revise its warranty policies with respect to future sales, but no such changes will apply retroactively.