Warranty

RETURN POLICY AND WARRANTY

Halo 30 Day Satisfaction Guaranteed Return Policy

If you are unsatisfied with your purchase of a product from www.haloneuro.com for any reason, you have 30 days from the date of purchase to request a full refund. You may return any product purchased from www.haleoneuro.com (a “Product”).

To qualify for a refund, all the following conditions must be met:

· You must obtain a Return Merchandize Authorization (RMA). To request an RMA, you must request an RMA by providing the information requested on the Halo Support portal at support.haloneuro.com. If you have purchased a Silver or Gold service package from Halo, you must submit your request for an RMA to your account manager or provide the information requested on the Enterprise support portal at support.haloneuro.com;

· The returned Product(s) must be in good physical condition accompanied by the original invoice. “Good physical condition” means that the Product includes original packaging and all materials, with the Halo Sport headset in like-new condition and the corresponding primers and accessories not physically broken or damaged; and

· You must deliver the Product, along with your RMA and all accessories originally included with your purchase, in its original packaging to the address specified by Halo.

Additional terms and conditions:

· Shipping and handling charges, and taxes paid (e.g., state, customs, VAT) are not refundable; and

· You are responsible for and must prepay all shipping charges applicable to your return. You shall assume all risk of loss or damage to the Product while in transit to Halo.

If you return a Product to Halo which does not satisfy the above conditions, Halo retains the right to, at its sole discretion, either refuse delivery of such return or charge you a restocking fee of 15% of the original price of the product or the retail value of the missing accessories, whichever is higher.

Refunds will be processed and paid within thirty (30) days of Halo’s receipt of a returned Product satisfying the above conditions. Credit will be issued to the payment method or credit card used for your original purchase only.

For questions regarding our return policy, please email us at support@haloneuro.com.

Limited Product Warranty

1. Limited Product Warranty

Halo Neuro, Inc. (“Halo”) warrants to the original purchaser that your Halo Sport device (the “Product’) shall be free from defects in materials and workmanship under normal use for a period of twelve (12) months from the date of purchase (the "Warranty Period"). This Limited Warranty is valid only in the jurisdictions where the Products are sold by Halo itself.

Halo does not warrant that the operation of the Product will be uninterrupted or error-free. Halo is not responsible for damage arising from failure to follow instructions relating to the Product’s use or failure to comply with the Halo Terms of Use.

This Limited Warranty does not cover software embedded in the Product and the services provided by Halo to owners of the Product. Please refer to the Halo Terms of Use for details of your rights with respect to their use.

2. Remedies

If a hardware defect arises and a valid claim is received by Halo within the Warranty Period, Halo will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

3. How to Obtain Warranty Service

To obtain warranty service, you must complete the information on the Halo Support portal at support.haloneuro.com or, if you have purchased a Silver or Gold service package from Halo, you must submit your warranty request to your account manager or complete the information on the Enterprise support portal at support.haloneuro.com. Once you have submitted your request, you will receive a support case number. You must deliver the Product, in its original packaging, along with your support case number, to the address specified by Halo. In accordance with applicable law, Halo may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Halo will not be responsible for any such damage or loss.

4. Exclusions and Limitations

This Limited Warranty applies only to the Product manufactured by Halo that can be identified by the “Halo” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any services provided by Halo on products and services, including the Product. Furthermore, this Limited Warranty does not apply to any (a) Halo products and services other than the Product, (b) non-Halo hardware product, (c) Products purchased from any party other than Halo, (d) Products purchased through online auctions, (e) consumable spare parts and accessories (unless they are found to be non-functional or broken upon purchase of a Product), such as batteries, pouches, lanyards, primers, cases and case parts, or (f) software, even if packaged or sold with the Product or embedded in the Product.

This Limited Warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Halo. In addition, this Limited Warranty does not apply: (a) to damage caused by use with software, peripheral or ancillary equipment such as but not limited to batteries, chargers, adapters, headsets, connector cables, and power supplies not furnished or otherwise certified by Halo for use with the Products; (b) to damage caused by accident, abuse, misuse (including any use not in compliance with the instructions given by Halo), neglect, flood, fire, earthquake, unusual physical or electrical stress or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Halo or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Halo. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.

Any reference to a Product being “sweat proof,” “sweat resistant,” and/or “water resistant,” or words of similar import, means that they are designed to withstand moisture under normal non-water sports and everyday use, such as perspiration and accidental splashes of water. Any modification of a Product to adapt it for water-sports or any other water environment will void the Limited Warranty.

If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

5. Implied Warranties

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND EXCEPT FOR THIS LIMITED WARRANTY, NONE OF HALO, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE PRODUCTS (“THE HALO PARTIES”) MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.

6. Limitation of Damages

IN NO EVENT SHALL THE HALO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH YOUR USE OF THE PRODUCTS OR THIS LIMITED WARRANTY, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF ONE OR MORE HALO PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL ANY HALO PARTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED WARRANTY OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO HALO FOR SUCH PRODUCT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HALO, AS APPLICABLE.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Halo Parties shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Governing Law

Except as expressly stated otherwise, this Limited Warranty shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.