YATAY WARRANTY NOTICE

THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY HAVE OTHER RIGHTS CONVEYED BY LAWS OF YOUR COUNTRY, PROVINCE OR STATE. INDEED, IN SOME COUNTRIES, PROVINCES OR STATES, CONSUMER LAW MAY IMPOSE A MINIMUM WARRANTY PERIOD. OTHER THAN AS PERMITTED BY LAW, YATAY DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS WE INVITE YOU TO CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE. This contractual Warranty applies only to the hardware components of YATAY Product (hereafter “Product”) as originally supplied and does not apply to any software or other equipment that are owned by YATAY or third parties for which an end-user license agreement or separate warranty/guarantee statements or exclusions are provided or intended to apply.

LIMITED PRODUCT WARRANTY

YATAY warrants the original purchaser that your YATAY Product shall be free from defects in materials and workmanship under normal use during the warranty period. Except otherwise provided by applicable law, the warranty lasts and is provided for one (1) year for host unit, six (6) months for removable battery and charger, one (1) year for irremovable battery, three (3) months for Earphone if applicable from the date of purchase. Notwithstanding the foregoing clause, YATAY does not exclude, limit or suspend the minimum legal warranty period imposed by applicable law. YATAY does not warrant the operation of the Product will be uninterrupted or error-free.

REMEDIES

If a hardware defect is found and a valid claim is received by YATAY within the Warranty Period, YATAY will either (1) repair the Product at no charge, use new or refurbished replacement parts, (2) replace the Product with a new or refurbished product, or (3) refund the Product, excluding potential shipping costs.

In the event of a defect, to the fullest extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.

HOW TO OBTAIN WARRANTY SERVICE

In accordance with applicable law, YATAY may require the customer to furnish proof of purchase details and warranty card with IMEI of the Product. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the product. It is likely that such data, software, or other materials will be lost or reformatted during service, and YATAY will not be responsible for any such damage or loss.

EXCLUSIONS AND LIMITATIONS

Unless otherwise stipulated by YATAY, this Limited Warranty applies only to the Product manufactured by or for YATAY, that can be identified by the “YATAY” or “Firefly” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any: (a) Damage due to acts of nature or God, for example, lightning strikes, tornadoes flood, fire, earthquake or other external causes; (b) Negligence; (c) Commercial use; (d) Alterations or modifications to any part of the Product; (e) Damage caused by use with non-YATAY products; (f) Damage caused by accident, abuse, or misuse; (g) Damage caused by operating the Product outside the permitted or intended uses described by YATAY or with improper voltage or power supply; (h) Damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of YATAY or (i) failure to follow instructions relating to the Product’s usage. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. No YATAY reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Except as prohibited by laws or otherwise promised by YATAY, the after-sales services shall be limited to the country or region of the original purchase. Products which were not duly imported and/or were not duly manufactured by YATAY and/or were not duly acquired from YATAY or a YATAY’s official seller are not covered by the present warranties. As per applicable law you may benefit from warranties from the non-official retailer who sold the product. Therefore, YATAY invites you to contact the retailer from whom you purchased the product. The present warranties do not apply in Taiwan.

IMPLIED WARRANTIES

Except prohibited by applicable law, all implied warranties (including warranties of merchantability and fitness for a particular purpose) shall be limited to the duration of this limited warranty. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.

LIMITATION OF DAMAGES

Except prohibited by applicable law, YATAY shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of profits, revenue or data, damages resulting from any breach of express or implied warranty or condition, or under any other legal theory, even when YATAY has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.