SOMNOLOGY, INC. LIMITED WARRANTY—United States

Rev. October 17, 2016

Your Somnology Plex® sleep scanner device must be used with our mobile application, which you must download separately. This Limited Warranty covers only the Plex® Sleep Scanner (the “Product”).

What is covered:

Somnology warrants that the Product will be free of material defects in materials and workmanship for one year from the date of original purchase by the end user (or delivery as may be required in certain jurisdictions). Except where prohibited by applicable law, this warranty is nontransferable and is limited to the original purchaser and the country in which the product was purchased.

What is not covered:

This Limited Warranty does not apply to normal wear and tear, or damage caused by any of the following: accident, abuse, abnormal use, or misuse (including failure to follow product documentation); unauthorized repair, modification, alteration, or disassembly; neglect, washing in a washing machine or drying in a dryer, pet damage, water damage or liquid spills, or external causes such as extreme thermal or environmental conditions. It also does not cover the lithium batteries that power the Product (see Product manual for installation and replacement of the batteries). Somnology does not provide any warranty for the mobile applications used with the Product or the devices that run such applications. This Limited Warranty does not guarantee that the use of your Somnology Plex® with the mobile app will be uninterrupted or error free.

Exclusive Remedy:

If a defect arises and you return the Product during the one-year warranty period, we will, in our sole discretion (to the extent permitted by law), either replace the defective part with a new or refurbished part that is functionally at least equivalent to yours, or refund all or a reasonable portion of the amount you paid for the Product. If we replace the Product, the replaced Product will continue to be warranted for the remaining time of the original warranty period. All returned parts for which you have received a refund or replacement will become the property of Somnology, Inc.

THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY SOMNOLOGY, INC. PROVIDES FOR SOMNOLOGY PRODUCTS, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY FOR ANY BREACH OF THE WARRANTY PROVIDED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMNOLOGY, INC. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND REMEDIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some jurisdictions do not allow the foregoing limitations, so the above limitations may not apply to you.

LIMITATIONS AND EXCLUSIONS:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMNOLOGY, INC. SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE—FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH SOMNOLOGY OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT SOMNOLOGY, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMNOLOGY, INC.’S TOTAL LIABILITY IN CONNECTION WITH SOMNOLOGY OR THIS LIMITED WARRANTY WILL NOT EXCEED THE PURCHASE PRICE THAT YOU ACTUALLY PAID FOR YOUR SOMNOLOGY PRODUCT. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No Other Warranties:

No Somnology dealer, agent, or employee, or any third party, is authorized to make any modification, extension, or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state or in other jurisdictions.

Repairs:

There are no repairs that you can safely do on the Plex® Sleep Scanner except replacing batteries. The batteries will eventually lose their charging ability and require replacement. This is normal, and it is not covered by this Limited Warranty. See the product instructions for how to replace the batteries. All other Repairs not conducted by Somnology or its authorized agent are unauthorized and will void this Limited Warranty. You expressly understand and agree that if you attempt to repair the Plex® Sleep Scanner, Somnology is not liable for any damages to the product, your clothing, or any property caused by the attempted self-repair.

How to obtain warranty service:

You must present the following information to make a warranty claim: (i) model of your product; (ii) your full address and contact information; and (iii) your purchase receipt or other proof of the date purchased. To make a warranty claim, please provide the foregoing information to support@somnologymd.com.

Somnology Address:

Somnology, Inc.
493 Seaport Court, Suite 102
Redwood City, CA 94063