EMBODIED LIMITED WARRANTY POLICY
By using your Moxie robot, you are agreeing to be bound by the terms of Embodied Inc.’s (“Embodied”) One-Year Limited Warranty Policy (“Warranty”) as set forth below. Before using the Moxie robot (“Moxie”), read through the entirety of the Warranty. If you do not agree with the terms of this Warranty, please do not use Moxie and return Moxie within the timeframe identified in the Embodied Return Policy (available at embodied.com/pages/return-policy).
What is Covered by Warranty
Embodied, Inc. (“Embodied”) of 385 E. Colorado Blvd., Suite 110, Pasadena, CA 91101 warrants the Embodied Moxie robot and accessories (“Moxie”) that are included in the original shipping box against defense in materials and workmanship when used in accordance with Embodied’s published guidelines for one (1) year from the date of receipt of Moxie by the customer. The date of receipt is defined as the date that the product was delivered according to the shipping agency or company. Embodied’s published guidelines may be found, but are not limited to, the guidelines in Embodied’s quick-start guide, user manuals or other technical publications.
What is Not Covered by the Warranty
The Warranty does not apply to: (1) normal wear and tear associated with normal aging of the Embodied Product; (2) damage caused by incorrect or inappropriate use of the Embodied Product as defined by operating outside the Embodied Published Guidelines, including but not limited to improper care, maintenance, storage and/or cleaning of Moxie; (3) damage caused by carelessness, casualties, accident, abuse, misuse, liquid contact, fire or other external cause; (4) dissatisfaction due to personal opinion of aesthetics, features or functionality; (5) cosmetic damages including, but not limited to dents, scratches or broken plastic unless these damages occurred to a defect in materials or workmanship; (6) damages caused by attempting to repair Moxie (including upgrades) performed by individuals who are not authorized to repair Moxie; (7) issues related specific Wi-Fi signal or reception problems, internet connectivity issues of your Wi-Fi router, or your smartphone or mobile communications device; or (8) if Moxie has been modified to alter capability or functionality of the products without written permission of Embodied. The Warranty is void if a customer uses Moxie with third-party parts or accessories.
The Warranty does not apply to the non-electronic items shipped with Moxie (e.g., any user guides or publications). The Warranty is applicable in the United States only; any use of Moxie outside the United States voids the Warranty.
The Warranty is not assignable. The Warranty is only available to the original purchaser (or if gifted the subscription holder) and is not transferrable.
The Warranty only covers non-commercial, in-home and indoor use.
In order to receive warranty service, Embodied may require that you provide our customer service personnel with a sales receipt, a proof of purchase and a serial number for Moxie. If Moxie were gifted, the customer would provide an original subscription attached to Moxie. Embodied customer service may ask you to respond to questions designed to assist with diagnosing potential issues with Moxie. Embodied customer service may also request that you follow Embodied’s procedures for obtaining warranty service.
If Embodied Customer Services determines there is an issue or defect with Moxie, Embodied will, at our own discretion, repair or replace Moxie. In some cases, Embodied may replace Moxie and/or repair Moxie. Embodied may ship you a new product and provide shipping instructions to send Moxie back to us. Alternatively, Embodied may ship you an external Moxie part (e.g., an attachable arm) and ask you to install the part. Alternatively, Embodied may send an individual out to the customer site to repair Moxie.
Embodied may change the method by which they provide the Warranty service.
The Warranty does not cover commercial and outdoor use.
Obtaining Warranty Service
Please access and review the supplied user manuals and also any online help resources described below before seeking warranty service. If Moxie is not still not operating properly after making use of the above-identified resources, please contact Embodied customer support by submitting a request on our support page on embodied.com, calling us at (855) 945-3411 or emailing us at email@example.com. The Embodied personnel will determine whether Moxie needs service and how Embodied will provide the Warranty service.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMBODIED IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH MOXIE OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE EMBODIED PRODUCT.
EMBODIED DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY EMBODIED PRODUCT UNDER THIS WARRANTY OR REPLACE MOXIE WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN MOXIE.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Embodied employee, agent or representative is authorized to make any modification, extension, or addition to this 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. This Warranty is governed by and construed under the laws of the country in which the Moxie purchase took place. Moxie or its successor in title is the warrantor under this Warranty.