Limited Warranty

Please read this Avation Limited Warranty (“Limited Warranty”) regarding the Vivally controller, garment, and accessories purchased through the Avation website (“Product” or “Products”).This Limited Warranty and your use of Avation’s Products and website(s), services, and applications (“Services”) is at all times subject to our Terms of Use (Terms of Use), which incorporates this Limited Warranty. Any terms we use in this Limited Warranty without defining them have the definitions given to them in the Terms of Use.

Limited Warranty. The Products will be free from defects in materials and workmanship for a period of one (1) year from the date of shipment (“Warranty Period”).Avation Medical’s sole obligation in the event that a Product fails to conform to this Limited Warranty is expressly limited to, at Avation’s sole discretion, the repair or replacement of such defective Product or components thereof.Repair or replacement may be made with a new or refurbished Product or components, at Avation’s sole discretion.If the Product or a component incorporated therein is no longer available, Avation may, at its sole discretion, replace the Product with a similar product of similar function.This is your sole and exclusive remedy for breach of this Limited Warranty. This Limited Warranty is only available if the user account associated with the Products is in good standing. This Limited Warranty is not transferable.Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (b) the remaining Warranty Period. Before making a claim under this Limited Warranty, the owner of the Product must (a) notify Avation of the intention to make a claim by contacting Avation at customercare@avation.com during the Warranty Period and providing a description of the alleged failure, and (b) comply with Avation’s return shipping instructions. Avation will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below).This Limited Warranty does not cover Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the Terms of Use or other instructions provided by Avation; (c) abuse or misuse of the Product; (d) events outside of Avation’s control, including breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane (the foregoing (a) through (e), collectively, the “Ineligible Products”).This Limited Warranty does not apply to any good or service other than the Products, even if packaged or sold with the Products.This Limited Warranty gives you specific legal rights.You may also have other legal rights that vary by state, province, or jurisdiction.Likewise, some of the limitations in this Limited Warranty may not apply in certain states.The terms of this Limited Warranty will apply to the extent permitted by applicable law.For a full description of your legal rights, you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.