KEEPSER^® Products Warranty

EviVault & EviToken Technologies by Freemindtronic
Official partner of KEEPSER^® brand products

Version 1.0 – 26th september 2022

Datasheet link:

KEEPSER datasheet products

Warranty of KEEPSER products manufactured by Freemindtronic

Manufacturer Identification

Freemindtronic is an andorran company whose head office is located at 14 Avenue Copríncep de Gaulle, AD700 Escaldes-Engordany, Principality of Andorra, registered in the Trade and Companies Register of Andorra under number 16501.

Warranty

We guarantee that the Products are free from hidden defects, manufacturing defects and non-conformities, which hinder their marketing by the seller.

We warrant the products manufactured by us under the KEEPSER® brand, its components and workmanship to be free from defects in materials and workmanship under regular use as defined by the manufacturer’s user manuals for the warranty period under the following conditions:

Manufacturer warranty period

The warranty period begins on the date of original purchase and lasts two (2) years for the professional customer and three (3) years for the customer.

The customer can activate the manufacturer’s warranty after having exhausted the seller’s commercial or contractual warranty remedies or if the seller no longer has a legal existence. The customer can consult the general conditions of sale of the seller here: https://www.keepser.com/terms-conditions-of-sale

We further warrant the replaced product and/or its parts or components to be free from defects in materials and workmanship for a period of thirty (30) days from the date of replacement, or the remainder of the warranty period, the longest period being chosen.

Protection

This warranty is not transferable. It is enforceable by the original customer. Any product not purchased as new from the seller is expressly excluded from this warranty.

We shall not be liable for any incidental or consequential damages incurred and/or occurring in connection with the product or its purchase. Our liability is limited solely to the product itself. We assume no liability for any loss or cost relating to loss of profits and/or business of any third party or customer, or any other indirect cost or loss however incurred. . We reserve the right to make changes or improvements in design or workmanship without assuming any obligation to modify or improve products previously manufactured and/or sold.

The seller’s products are protected by intellectual property via patents for inventions (n° WO2018/154258 and n° WO2017/129887) in the USA, Europe, China, South Korea, Japan and Algeria as well as by various copyrights and Soleau envelopes.

We have granted patents and software licenses to the seller. The customer must ensure that the seller still has their licenses with the manufacturer before making a purchase. Failing this, the customer can be considered as the receiver of the counterfeit product.

We grant Seller’s Customer a personal, non-transferable, non-exclusive, worldwide license to use the software associated with the Products. This license is exclusively intended to allow the customer to use the Products and benefit from the associated functionalities. The customer may not copy or modify in whole or in part, nor distribute, sell or rent all or part of the software. The customer does not have the right to decompile and/or decompose nor attempt to extract the source code of our software.

We guarantee the authorization to decompile and/or break down only in the event that a law of public order is imposed on us or with our prior explicit agreement. This guarantee does not apply to the use of our free software used by our Products since we guarantee to the customer that this software can be offered under an open license that we make available to him. However, the open license is legally autonomous. It can enact specific conditions.

To benefit from the guarantee, the customer must not make any modification to the Products (no right of disassembly and reassembly for example), nor remove the labels or the distinctive signs of the brands under which they are sold. Neither the customer nor the seller has the right to make statements that are not in accordance with our documentation.

To benefit from the warranty,

• The customer or the seller must not reproduce, nor allow a third party to reproduce, any part of the Products.The customer or the seller must not communicate to third parties information allowing the reproduction of any part of the Products.
• The customer or the seller must not participate, directly or indirectly, in the sale of products which would violate our rights and/or those of the seller.
• The customer acknowledges and agrees not to import, sell or transfer Products in violation of the laws applicable in his country.
• The customer declares that the delivery of the Products that he buys will not violate any law or regulation of the country of delivery.
• The customer acknowledges being aware that in certain countries, he must be registered as an importer and/or obtain a special import license for our products equipped with cryptographic technologies.
• The customer agrees not to export any product purchased from the seller to any other country or region if the export control laws prohibit it or if he does not have the appropriate license, or any other agreement from the authorities.
• The customer agrees to comply with these conditions before making a purchase of the product.
• The customer declares to be aware that in the event of non-compliance with the above conditions, he is liable to legal action by the authorities of the country of importation.
• The Customer agrees not to purchase any product from Seller for military purposes.

Warranty limitations

We, as a manufacturer, make no specific commitment regarding the Products, their available features, their qualities, their performance, their functionalities, their reliability, their availability or their compatibility for a particular use or the suitability for your needs. We do not warrant that the functions contained in the software will meet any specific requirements or that the operation of the software will be uninterrupted, or error free, or changed without notice or the need for updates to ensure continued compatibility with seller’s branded products.

Our products are sold “as is” to the seller.

The customer is solely responsible for compliance with the conditions of use and the instructions contained in the user manuals of the product.

The limitation of this warranty binds the customer to expressly release our affiliates, agents and employees and the seller from any liability other than that defined by this warranty. The customer indemnifies us against any claim, proceeding or legal action on his part in connection with the use of the products, including any liability and financial burden resulting from claims, losses or damages, proceedings and judgments, legal and attorney’s fees.
We are aware that some countries do not allow the above disclaimers, if the customer is a consumer. In fact, the customer is required to know the legislation of his country. He is in fact held solely responsible for the conformity of his order with the rules of law of his country. If the customer does not meet the legal conditions under the law of his country, he cannot hold us responsible, nor sue us for non-compliance due to his own negligence.

The release of our software is provided to the seller on an “as is” and “as available” basis. We do not warrant that it will be accurate, error-free or uninterrupted. The seller has independent publishing autonomy from the manufacturer. We do not guarantee the interruption of the seller’s publication.

The products have a protection system against counterfeiting via a unique digital signature embedded in the product. It is accessible only in read-only mode, but only through the software. The latter detects and warns the user if the product signature is not compliant. Despite this electronic and digital anti-counterfeiting system, we disclaim all warranties, express or implied, including warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.

We guarantee that the software and the product do not infringe the intellectual property rights of any third party. The seller is released from all responsibility for the product and software which is the sole responsibility of the manufacturer.

To the extent permitted by applicable law, this warranty does not apply to:

• Normal wear and tear;
• Damage resulting from accident, abuse, misuse, neglect, mishandling or improper installation;
• Damage to or loss of product caused by undue physical or electrical stress, including but not limited to humidity, corrosive environments, power surges, temperature extremes;
• Damage to or loss of the product caused by acts of nature, including but not limited to floods, storms, fires and earthquakes;
• Damage caused by operator error or failure to follow the instructions set out in the accompanying documentation;
• Modifications made by persons other than Us, associated partners or authorized service facilities;
• Products on which the original software has been replaced or modified by persons other than Us, associated partners or authorized service facilities;
• Counterfeit products;
• Damage to or loss of data or information contained in the product;
• Product malfunction which may result in the loss, erasure, corruption or alteration of data (“Data Loss”). We cannot be held responsible for loss of data in connection with the product, however caused. It is the Customer’s responsibility to protect against data loss and maintain a verified backup of all data on the Product at all times;
• Product failure caused by the use of products not supplied by us.

This warranty gives specific legal rights. You may also have other legal rights which vary from country to country. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

Warranty Service Procedure

If your product can store software programs, data and other information, we recommend that you make regular backup copies of the information contained in the product in order to protect the contents and to guard against possible failures. Operating.

Data disclaimer:

We do not warrant, represent or promise that we can repair or replace a Product under this warranty without risk and/or loss of information and/or data stored on the Product.

Before submitting your warranty claim for your Product, we advise you to make a copy of the content, delete all personal information and disable all security passwords. The contents of your Product may be erased, replaced and/or reformatted during warranty service.

In order to exercise any recourse under this guarantee, you must be in possession of the serial number of your product and its pairing key which are accessible via the software. The pairing key is supplied with the product in “Qrcode” format. The serial number can be obtained via a free app on your NFC phone to read the serial number of the product.

Before returning the product, make sure you have recovered all your Keeps, including your BIP39 cryptocurrency recovery passphrases. We are not responsible for any damage or loss of data or other data stored in the product while inspected by our warranty departments.

We undertake to repair, or replace a defective product with the similar version of the product, unless the defect is the result of warranty limitations. The repair or replacement of the product is free of charge.

In the event that the product proves to be defective during the warranty period, please follow these instructions:

• Contact Seller Support at https://www.keepser.com.
• The warranty department will open an RMA request procedure by assigning you a product return code.
• The seller will provide you with a mailing address to return the product for inspection.

Applicable law

The customer, like the seller, accepts the laws of the Principality of Andorra, without regard to the principles of conflict of laws, govern these guarantees and any dispute of any kind that may arise between the customer and / or the seller and / or the manufacturer. This choice of applicable law clause does not deprive the consumer who concludes this contract of his rights under the mandatory provisions of the law of his country of habitual residence in the event that this law would otherwise be applicable under Article 6.1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

Election de for clause

Any dispute relating in any way to these warranty conditions for products that the customer has acquired from the seller or the seller from the manufacturer will be definitively settled in the courts of the Principality of Andorra. If you have in any way violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of our choosing. You consent to the exclusive jurisdiction and venue of such courts.

Arbitration

The customer who accepts it, acknowledges that the manufacturer may at its discretion have recourse to the arbitration procedure for any dispute or dispute arising from or in connection with these warranty conditions, including any question relating to the validity, invalidity, breach, or termination of the contract. These disputes will be definitively resolved by way of arbitration according to the Rules of the Arbitral Tribunal of the Principality of Andorra (TAPA) by one or more arbitrators appointed in accordance with these Rules. The seat of the arbitration is the Principality of Andorra, the language of the arbitration is French and the rules of law applicable to the merits of the dispute, those of Andorran law.

Definitions

Terms used in this document have the following meanings (whether used in singular or plural):

“Customer” means an end customer (owner of the Product) who purchases a product under the KEEPSER® brand

“Hidden defect” means a non-apparent defect of the Product, which makes it unfit for the use for which it is intended, or which reduces this use so much that the customer would not have bought it or would have bought it at a lower price if he had known about it. The claim for latent defect must be brought within two years of the discovery of the defect.

” KEEPSER® brand” is not a trademark of the manufacturer. It refers to the owner of the trademark and/or the legally legitimate company to exploit this trademark.

“Limited warranty” applies to purchases of Products under the KEEPSER® brand.

“Professional customer” refers to a physical or legal person who purchases a Product from the KEEPSER® brand or use in the context of a commercial, industrial, artisanal, liberal or agricultural activity.

“Manufacturing defect” contains an apparent defect in the Product which renders it unfit for the use for which it is intended.

“Manufacturer” means the company Freemindtronic SL Andorra with registered office at Av. Copríncep de Gaulle, 13, AD700 Escaldes-Engordany in the Principality of Andorra. It is the sole guarantor of the products it manufactures under the KEEPSER® brand.

“Non-conformity” characterizes a Product delivered by the manufacturer that does not conform to the explicit description of the purchase order issued by the Seller.

However, to be recognized as non-compliant, the product must meet one of the following points:

• The product does not correspond to the description given by the manufacturer,
• The product does not have the qualities detailed in an advertisement about it,
• The user manual is incomprehensible,
• The product has a manufacturing defect, imperfection, improper assembly,
• The seller was not aware of the defect at the time of placing theorder, or he could not have been unaware of this defect at that time, or the seller and/or manufacturer proves that the lack of conformity did not exist at the time of delivery of the product.

It also characterizes a product delivered by the seller to his customer. The customer has read the conditions of sale and commercial or contractual guarantee of the seller before purchasing the product.

“Product” means the Electronic Product offered for sale under the KEEPSER® brand, including associated digital elements including software, firmware, applications, web browser extensions.

“RMA” in English Return Merchandise Authorization, means Return Merchandise Authorization.

” Seller “: refers to the owner of the brand and/or company operating the KEEPSER® trademark.

« We » identifies Freemindtronic SL as the manufacturer of the KEEPSER® products.