Are there any warranty exclusions?

Yes, there are. 

You agree to fully read the instructions and guidance we provide and review the Product’s capabilities and constraints before using the Product. Notwithstanding the limited warranty above, you assume all liability and we have no obligation whatsoever to you or anyone else for any of the following:

  • use of the Product for High-Risk Activities (defined below);
  • use of the Product other than in accordance with our published specifications;
  • modifications, alterations, adjustments or repairs to the Product made by a party other than one we authorize;
  • failure by you or a third party to comply with environmental and storage requirements for the Product specified by us, including, without limitation, temperature or humidity ranges;
  • damage from external causes such as dirt, sand, battery leakage, power surges, or improper usage of any electrical source;
  • use of the Product in combination with any third-party devices or products that we have not provided or recommended to you;
  • any damage to property or persons caused by your use of the Product that is not caused by material defect, including your failure to understand the functionalities of the Product;
  • leaving the Product in direct sunlight for long periods;
  • failure to purchase any insurance required by law to operate the Product in your area;
  • failure to determine the suitability of the Product for your intended use;
  • failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with the Product or made available on our website;
  • any continued use of the Product after you detect any material defect, including erratic responses to user input;
  • any other improper use of the Product.

All Products that are returned to us become our property. We’re not responsible for any memory card, content or information stored in any Product you return to us, whether under warranty or not. Please make sure to save any content or information you wish to keep from your Product’s memory cards and erase any data thereon before returning your Product to us.

You agree to read, and abide by any written instructions shipped with your Product and all safety precautions contained therein. If you do not understand any part of any of these instructions or the functionality of Product, you may contact us at support@sphericam.com.

The Product is not designed or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product might result in or cause death, personal injury, collision, or significant environmental damages (“High-Risk Activities”). High-Risk Activities include without limitation operation near any animal, power line, cellular or other radiofrequency tower, mining area, any other electromagnetic interference environment, obstacle, airport, airfield or industrial facility or area.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY ABOVE. ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPHERICAM OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST DATA OR REVENUE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. 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.

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