1. INTRODUCTION

By submitting a request and registering for the repair or replacement service ("Service") for your mobile device (“Product”), you accept and agree to these Online Repair Service Terms and Conditions and any other applicable terms and information that may be provided to you in connection the Service (collectively "Service Terms")

IN CASE YOU DO NOT AGREE TO THESE SERVICE TERMS, PLEASE DO NOT SUBMIT A REQUEST FOR SERVICE OR REGISTER FOR THE SERVICE.

FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE SERVICE TERMS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.

We encourage you to read these terms carefully as well as view our standard Manufacturers Limited Warranty applicable to your Product at https://www.hmd.com/support (Warranty)

You may have other rights based on local laws during or after the Warranty period. These rights are not excluded by the Warranty or these Service terms.

2. DESCRIPTION OF SERVICE

The Service is applicable only to Products manufactured by HMD Global Oy (“HMD”). By using this Service, you can report an issue that you are experiencing with your Product and arrange for your Product to be delivered to an authorized Service Center ("Service Center").

In the event of any conflict between these Service Terms and any warranty, guarantee or extended service plan ("Warranty") issued by HMD for your Product, the terms of the Warranty will apply to your Product. Be sure to keep a copy of your proof of purchase. We may require you to provide proof of purchase to us if there is any question as to your Product’s eligibility for Warranty.

3. SUBMITTING TO THE ONLINE FORM

In order to be able to use the Service, you will need to provide HMD the following information: your name, telephone number, email address, and full shipping address, the IMEI or serial number of the Product, the cellular operator you are using with your Product, as well as a description of the issue with the Product. You agree to provide current, complete, and accurate information. You must notify HMD of any unauthorized modifications, or any repairs or replacements not performed by HMD or its Service Centers, that have been made to your Product. HMD will process your personal data as set forth in clause 10 below.

At the conclusion of the Service, if your Product is returned to HMD because delivery could not be completed at the shipping address that you submitted, HMD will try to contact you for an alternate address. If you cannot be reached or you do not provide an address where HMD may deliver your Product within sixty (60) days after the original delivery attempt, HMD will notify you that it considers your Product abandoned. If your Product is abandoned, HMD may dispose of your Product in accordance with applicable law and you will have no recourse to HMD.

4. MODIFICATION OF SERVICE TERMS

HMD may update these Service Terms at any time without providing you notice and any such updates will be applicable immediately. If you continue to use the website and/or submit a request for the Service, you will have agreed to the amended Service Terms.

5. ENSURE YOUR PRODUCT IS READY FOR SERVICE

Before you send your Product to the Service Center, please ensure you have completed the following:

1) download and install the most up to date version of the Product software on your Product as this can often resolve issues you are experiencing;

2) back up your contacts, pictures, and all other content ("Product Data”) as all Product Data will be deleted. HMD or its Service Center will not be responsible for the loss of Product Data and HMD does not accept any liability for loss of Product Data.

3) erase all Product Data from the Product after you have saved your backed up copy.

4) remove all passwords or security features that may restrict access to the Product.

5) Ensure that your Product does not contain illegal files or data.

Note, all Product Data, including personal data and user-installed applications will be erased from your Product during the Service and cannot be restored by the Service Center. HMD OR ITS SERVICE CENTERS ARE NOT RESPONSIBLE FOR ANY LOSS, RECOVERY, OR COMPROMISE OF DATA, SOFTWARE OR PROGRAMS RESULTING FROM THE SERVICES. HMD will not be responsible for any damage to the Product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by HMD or its Service Center.

6. HOW TO SEND YOUR PRODUCT

After completing and submitting the web form, you will receive an email confirmation to the email address you provided on the web form. You may send your Product to the Service Center via courier free of charge, where available, or via the self-ship, which may be at your expense. You must pack your Product according to the packing instructions set forth below in clause 6.1 before sending it to the Service Center.

6.1 PACKING YOUR PRODUCT SAFELY

Please do not send any personal property or other items with the Product to HMD unless they are related to your specific Product issue. Please remove the following items:

• Battery and battery cover, if removable (for information about your Product’s battery, please refer to the user guide).
• Charger, headset or other accessories; and
• SIM card and memory card (if applicable).

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF YOU SEND ONE OR MORE OF THE ITEMS LISTED ABOVE, YOU ACCEPT THAT THEY MAY NOT BE RETURNED TO YOU AND YOU WILL BE RESPONSIBLE, AT YOUR OWN COST, FOR OBTAINING A REPLACEMENT. HMD ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE TO SUCH ITEMS.

Pack your Product in protective packaging to keep it safe from damage. Please include a copy of your proof of purchase (such as a purchase receipt) with your Product.

To the extent permitted by applicable law, you agree that you are responsible for any liabilities, damages, costs, and expenses that arise out of your failure to comply with the packing instructions.

6.2 SELF-SHIP

If you utilize the self-ship option, please ensure you comply with all packing instructions outlined in clause 6.1. To the extent permitted by applicable law, you agree that you are responsible for any liabilities, damages, costs, and expenses that arise out of your failure to comply with the packing instructions. It is advisable to insure your product. HMD ASSUMES NO RESPONSIBILITY OF COSTS AND LIABILITY ASSOCIATED WITH USING THIS OPTION.

7. REPAIR PROCESS

The Service Center will test your Product to verify the issue that you have reported via the online form. If your Product is covered under Warranty, the Service Center will provide the Service and return the Product free of charge and within the maximum time periods specified by the Warranty, or the statutory law, if applicable.

If your Product is not covered by Warranty, you will either:

1) receive your Product unrepaired to the address provided by you. Please note that you may be charged the shipping costs and a handling fee; or

2) be contacted by HMD or a Service Center who may provide a quote for an out-of-warranty service (assuming your Product can be repaired) which must be accepted and paid for before proceeding with the repair

Please note that HMD reserves the right to charge a handling fee if no fault is found with the Product.

8. CANCELLATION

Once HMD starts the Services upon acceptance of a Service order, you may not cancel the request for Service.

9. NEW FUNCTIONALITIES

As part of the standard repair process, the latest version of software will be installed on your Product, which may provide you with new functionalities.

10. DATA PRIVACY

HMD respects your privacy. Personal data that you submit to HMD when using the Service will be subject to the HMD Privacy Policy https://www.hmd.com/privacy.

11. ALTERATION OF THE PRODUCT

In order to diagnose the described issue and determine whether repairs are necessary, HMD may perform tests or make repairs that will change the condition of the Product or the data that may be stored on it. By submitting the device for diagnosis and repair, you authorize HMD to perform tests and/or make repairs even if those tests or repairs result in changes to the Product or the data that may be stored on the product.

12. SHIPPING DAMAGE

If you send in your Product for Service, you are responsible to have it properly packaged to prevent damage while in transit for Service. If you are using the self-ship option, you are also responsible for insurance coverage for any loss or damage to the Product while in transit for Service. HMD will notify you if the Product is damaged in any way in transit for Service; you will be responsible for any damage incurred before we receive your Product if not properly packaged. After you receive your Product back from the Service Center, you are required to immediately check for any damage that may have occurred during the shipping process. To make a claim for return shipping damage, you must preserve all shipping materials and documents and contact HMD customer support within 24 hours or by the end of the next business day, whichever is later. No claims for shipping damage will be entertained by HMD thereafter.

13. EXCLUSIONS FROM SERVICE

Please refer to the Warranty terms for exclusions https://www.hmd.com/support.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HMD, ITS EMPLOYEES OR LICENSORS OR AFFILIATES OR SERVICE CENTER BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, LOSS OF DATA OR SOFTWARE APPLICATIONS (INCLUDING THE RECREATION THEREOF) OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF HMD OR ITS EMPLOYEES, LICENSORS OR AFFILIATES OR SERVICE CENTERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, HMD’S, ITS EMPLOYEES’, LICENSORS’ OR AFFILIATES' OR SERVICE CENTERS LIABILITY SHALL BE LIMITED TO 50.00 (Fifty) EUROS.

Nothing contained in these service terms shall prejudice your statutory rights as a consumer. Nothing contained in these service terms limits HMD's liability to you in the event of death or personal injury resulting from HMD's negligence. HMD is acting on behalf of its employees, licensors and affiliates service centers for the purpose of disclaiming, excluding and/or restricting obligations, warranties, and liability as provided in this clause but in no other respects and for no other purpose.

15. ENTIRE AGREEMENT; SEVERABILITY; FORCE MAJEURE

These Service Terms constitute the entire agreement between you and HMD for Services for your Product. If any provision of these Service Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Service Terms will continue in effect. HMD is not responsible for any failures or delays in performing Services that are due to events outside its reasonable control.

16. APPLICABLE LAW AND DISPUTE SETTLEMENT

These Service Terms, and all claims related to these Service Terms or the Services, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you reside, without regard to its conflicts of law provisions, and the courts in the country in which you reside will have exclusive jurisdiction over all disputes arising out of or relating to these Service Terms.

However, if you live in or your business is incorporated in the United States of America you consent to the exclusive jurisdiction and venue of state and federal courts in the state of New York for all disputes relating to this contract or the Service, and for all other claims (including consumer protection, unfair competition, implied warranty, and tort claims).