Garantía

This limited warranty is provided by MBito, UAB to purchasers of the Hardware (“you”). Hardware devices provided by MBito, UAB (“Hardware”) are warranted to be free from defects in materials or workmanship under normal use for new Hardware, one (1) year from the date of purchase by the original end-user purchaser (as applicable, the “Warranty Period”). Within the Warranty Period, MBito, UAB will, at its sole option, and as MBito, UAB’s sole liability and your exclusive remedy, (a) repair the Hardware with new or refurbished parts, (b) replace the Hardware with reasonably available equivalent new or refurbished Hardware, or (c) refund the actual purchase price of the Hardware less any rebates and discounts. Such repairs or replacements will be made at no charge to you for parts or labor, provided that you shall be responsible for the shipping and handling costs for your returns as described below. All Hardware and parts that are replaced become the property of MBito, UAB.

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This limited warranty extends only to Hardware purchased from MBito, UAB or an MBito, UAB Authorized Reseller. This limited warranty does not apply to: (i) cosmetic damage, such as scratches, nicks, and dents; (ii) consumable parts, such as batteries, unless Hardware damage has occurred due to a defect in materials or workmanship of the Hardware; (iii) damage caused by abnormal physical or electrical stress, negligence, accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of MBito, UAB; (v) damage to Hardware that has been modified or altered without the written permission of MBito, UAB; (vi) Hardware that has not been installed, operated, or maintained in accordance with instructions supplied by MBito, UAB and the MBito, UAB Terms of Service, or (vii) Hardware that was supplied or licensed for beta, evaluation, testing, or demonstration purposes for which MBito, UAB does not charge a purchase price or license fee. In addition, MBito, UAB reserves the right to refuse warranty claims for Hardware that is obtained and/or used in contravention of the laws of any country.

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To the maximum extent permitted by applicable law, all software and services provided by MBito, UAB with the hardware, whether factory loaded on the hardware or otherwise downloadable, are provided “as is” without warranty of any kind. Without limiting the foregoing, MBito, UAB does not warrant that the operation of the Hardware, Software, or Service (as those terms are defined in the MBito, UAB Terms of Service) will be uninterrupted or error-free, or that use of the Hardware, Software, or Services will result in any gas savings or efficiencies. Also, MBito, UAB does not warrant that the Hardware, Software, or Service, or any equipment, system, or network on which the Hardware, Software, or Service is used will be free of vulnerability to intrusion or attack.

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This limited warranty does not guarantee any continued availability of any third party’s service on which the Hardware’s use or operation may depend.

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To the extent not prohibited by applicable law, all implied warranties and conditions of merchantability, satisfactory quality, or fitness for a particular purpose are limited to the duration of the warranty period. All other express or implied conditions, representations, and warranties, including but not limited to any implied warranties of title or non-infringement of intellectual property, are disclaimed.

To the extent not prohibited by applicable law, in no event will MBito, UAB be liable for any lost or damaged data (including, without limitation, any data erased by MBito, UAB in connection with the repair or replacement of hardware), lost revenue or profit, loss of the ability to use any third-party products, software, or services, damage to the vehicle to which you connect the hardware, or for special, indirect, consequential, incidental, or punitive damages, regardless of the theory of liability (including negligence), arising out of or related to the use of or inability to use the hardware, software, or any services provided in respect of such hardware, software, or service, even if MBito, UAB has been advised of the possibility of such damages. MBito, UAB does not guarantee that vehicle error detection will be accurate or error-free and you should always obtain professional assistance from a vehicle specialist for regular service, as well as for diagnosis of any problems with your vehicle, and to make timely and appropriate repairs. To the extent not prohibited by applicable law, in no event will MBito, UAB’s liability exceed the amount paid by you for the hardware. If you live in the European Union, references in this section to “special, indirect, consequential or incidental losses” shall mean any losses which (I) were not reasonably foreseeable by both parties, and/or (II) were known to you but not to MBito, UAB and/or (III) were reasonably foreseeable by both parties but could have been prevented by you, including without limitation losses caused by viruses, trojans, or other malicious programs, or loss of or damage to your data. The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose.

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Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

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No MBito, UAB employee, agent or reseller is authorized to make any verbal or written modification, extension, or addition to this limited warranty, and MBito, UAB expressly disclaims any such change to this limited warranty. If any portion of this limited warranty is found to be void or unenforceable, its remaining provisions shall remain in full force and effect