myDevices Return & Refund Policy and Limited Warranty

Last Updated: May 2018

We are myDevices, Inc. (“myDevices”, “our”, “us” or “we”).

Your purchase, access to, and use of, all myDevices Internet of Things software products (collectively, the “Products”) via the Web App or Mobile Apps (as each such terms are defined below), is subject to the terms and conditions set forth in this Return & Refund Policy and Limited Warranty (this “Warranty”), as well as the:

– Terms of Service set forth at (the “Terms of Service”);
– Privacy Policy set forth at (“Privacy Policy”);
– Sales Terms set forth at URL  (“Sales Terms”); and
– End User License Agreement set forth at URL  (“EULA”, and together with this Warranty, the Terms of Service, the Sales Terms, and Privacy Policy, collectively, the “Agreement”).

You may view the most current version of each of these documents at URL [https://mydevices.com/legal].

Capitalized terms used, but not expressly defined, herein shall have the definition and meaning given to such capitalized term in the Terms of Service, or elsewhere in the Agreement. myDevices reserves the right, in its sole discretion, to modify, amend or supplement any term or condition of the Agreement at any time with or without notice. If you continue to use the Services after any such modifications, amendments or supplements are made, you are then accepting and agreeing to be bound by them.

BY CLICKING “I ACCEPT” OR BY ACCESSING AND USING THE SERVICES (AS DEFINED BELOW), YOU ARE AGREEING TO ALL OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT ACCES OR USE THE SERVICES.

1. What myDevices Sells; How myDevices Sells: myDevices provides access to the Products through both: (1) a website located at [www.myDevices.com] and related domains (collectively the “Web App” and the websites are collectively, the “Sites”), and (2) software that may be downloaded to a mobile device (the “Mobile App(s)”). Collectively, the Sites, Web App, Product, and Mobile Apps are referred to in these Terms as the “Services”. The following terms apply to all sales of Products and Services via our Sites, Web App(s) and/or Mobile App(s). myDevices only offers subscriptions and licenses to access and/or use the Services and Products and never sells or otherwise transfers ownership to the Products or Services. Any use of the word “sale” or “sell”, or similar words which could be construed as transferring ownership, shall only be construed herein as transferring a license to use and/or access unless the context requires otherwise. Your purchase of Products and Services from myDevices, whether online via the Web App(s), Mobile App(s), or Sites or directly from a myDevices sales representative, constitutes your agreement to be bound by the Agreement.

2. Return & Refunds: In addition to the one (1) year Limited Warranty period as set forth below under “Limited Warranty”, if you are the original end-user or purchaser of a Product, and you are not satisfied with the Product you purchased for any reason, you may return it in its original condition within sixty (60) calendar days of the original purchase date and receive a full refund. Only items that have been purchased directly from myDevices online can be returned to myDevices. Products purchased through other retailer or resellers must be returned in accordance with such retailer’s or reseller’s respective returns and refunds policy. Shipping and handling charges are always non-refundable.

If you wish to cancel your order, or if you would like to schedule a return and receive a refund, contact us via email at support@mydevices.com or telephone at (888) 817-3554 with your order details.

To qualify for a refund or credit (excluding shipping charges, handling charges, duties, and taxes) buyer must:

– contact myDevices either (i) in writing (via e-mail to support@SimplySense.com) or (ii) telephone at (888) 817-3554, with your order details within sixty (60) calendar days from your original purchase date;
– obtain a Return Merchandise Authorization (RMA) from myDevices after contacting myDevices pursuant to item 1 above;
– ship the Product back to myDevices in its original packaging via a shipper that provides the buyer with a shipment tracking number (i.e. FedEx, UPS, DHL) to the shipping address set forth below; and
– include a valid RMA number with your return shipment, visible on the outside of the returned package.

Returns without an RMA number will be rejected and returned at buyer’s expense. Product being returned within the initial 60 calendar-day period for refund or credit must be complete (i.e. include all parts/components included with your original shipment). Failure to return all Product parts/components will result in a partial refund or credit or rejection of your return entirely, as the discretion of myDevices.

Requests for an RMA after 60 calendar days from purchase date will be evaluated on a case-by-case basis, subject to myDevices’ management approval and restocking fee.

Customized products, modifications to standard Products, and Products altered by the customer are not eligible for return or refund. All returns must be shipped (at buyer’s expense) to myDevices as provided herein.

Shipping Address for Returns

myDevices
Attn: Product Returns Dept
3900 W Alameda Ave Suite 1200
Burbank CA 91505
Tel: (888) 817-3554

3. Limited Product Warranty: For one (1) calendar year from your original purchase date, myDevices warrants that:

Products, in their original packaging, shall be free from material defects in materials and workmanship conditioned on the following: (1) such Product(s) are used normally in accordance with all technical specifications and/or user manuals that accompany such Products; and (2) that such Product(s) is part of an active, fully paid, Subscription purchased by the user of such Product(s); and

Services you purchase shall perform without material defect materially in accordance with the technical specifications and user manual which accompany such Service(s).

For any breach of either of the limited warranties set forth in items 3.1 or 3.2 above, you must contact myDevices within one (1) calendar year from your original purchase date pursuant to the contact instructions set forth in Section 2 above.

If you submit a valid warranty claim to myDevices, and:

– in the case of Products, you follow the instructions for returning the Product set forth in Section 2 above, we will, at our option, either (i) repair the Product using either new or refurbished parts, (ii) replace the Product with a new or refurbished Product, or (iii) refund the full purchase price of the Product; and
– in the case of Services, we will, at our option, (i) repair the material defect you identify, or (ii) cancel your Subscription and provide you with a pro-rated refund from the date of the material defect.

The Limited Warranty above on Products applies only to Products manufactured by or for myDevices that can be identified by the “myDevices” trade name, or logo affixed to them. This warranty does not apply: (i) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship of the myDevices Product itself; (ii) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (iii) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, testing, or improper storage; (iv) to damage caused by operating the Product outside the permitted or intended uses described by myDevices; (v) to damage caused by use with non-myDevices products.

This Limited Warranty does not apply to any software, even if packaged or sold with myDevices hardware. myDevices does not warrant that the operation of the Product or Services will be uninterrupted or error-free. This Limited Warranty applies only to myDevices products purchased by end users from myDevices and its authorized resellers. This warranty is void for purchases made from any other reseller, and myDevices offers no warranty for such purchases. myDevices is not responsible for damage arising from failure to follow instructions or user manuals that accompany the Product. Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty.