TWO YEAR CONTRACT TERMS AND CONDITIONSThese Promotional Product Terms and Conditions (the “Terms”) is made and entered into by and between Gate Labs, Inc., a Delaware corporation and its subsidiaries and affiliates (“Gate Labs”) and the individual or entity (“You”) listed on any online checkout cart or offline order form to which these Terms are attached (the “Checkout Cart”) for the purpose of purchasing the promotional hardware product(s) listed on the Checkout Cart (the “Promotional Product”) from Gate Labs. These Terms are effective as of the date that you purchase the Promotional Product (the “Effective Date”).
I. Promotional Product & Subscription.
II. Auto Charges.
When you purchase the Promotional Product, You must provide accurate and complete information for a valid payment method that You are authorized to use to pay for the Subscription. You will be billed for the Subscription through the payment method You provide. You must keep Your payment method and information current at all times, and must promptly notify Gate Labs of any change in Your address and must update Gate Labs with Your payment method upon any changes related to Your payment method. BY PURCHASING THE PROMOTIONAL PRODUCT, YOU AUTHORIZE GATE LABS OR ITS AGENT TO CHARGE THE PAYMENT METHOD ON A RECURRING BASIS (“AUTHORIZATION”) FOR: (a) THE APPLICABLE SUBSCRIPTION CHARGES; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF GATE LABS’ SERVICES. The Authorization continues through the applicable Subscription Period and thereafter for as long as You remain a Customer of Gate Labs.
III. Early Termination Fee.
You may return the Promotional Product and receive a refund consistent with the Satisfaction Return Policy in the Gate Labs Limited Warranty & Satisfaction Return Policy (www.getgate.com/warranty). In the event that You wish to terminate the Subscription after the Satisfaction Return Policy lapses but prior to the end of the Subscription Period, you may do so by notifying Gate Labs of your desire to terminate early and paying an early termination fee in the amount of the unpaid Subscription Price for the remainder of the duration of the Subscription Period.
IV. Non-Transferability of Promotional Products.
You may not sell or otherwise transfer, or attempt to sell or otherwise transfer, any Promotional Product to a third party during the Subscription Period without prior written consent from Gate Labs. Any breach of this Section shall be considered a material breach of these Terms subject to the remedies described in Section V below.
V. Remedies for Breach of these Terms.
In the event that You materially breach these Terms, including without limitation if You do not pay the Subscription Price when due throughout the entire duration of the Subscription Period, You understand and agree that Gate Labs may take any or all of the following actions, in addition to any other remedies available at law or in equity:
a. Disable Products.
Gate Labs may disable all smart functionality associated with the Promotional Product, including without limitation any functionality or services that are available to customers on a free or basic plan for an equivalent product.
b. Late Fees.
Gate Labs may apply finance charges to the outstanding and unpaid Subscription Price in an amount equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid.
c. Collect Remainder of Subscription Fees.
Gate Labs may terminate these Terms and require You to pay the full amount of the unpaid Subscription Price for the remainder of the duration of the Subscription Period.
d. Require Return of Promotional Product.
Gate Labs may require that You return, at your sole cost and expense, the Promotional Product. For purpose of clarity, You are not considered the legal owner of the Promotional Product until the end of the Subscription Period in which you have paid the full Subscription Price.
e. Recover Costs and Expenses.
In Gate Labs’ pursuit of any of the foregoing remedies, or any other rights or remedies to which Gate Labs may be entitled, You shall reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Gate Labs to collect any amount that is not paid when due. Gate Labs may accept payment in any amount without prejudice to Gate Labs’ right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to Gate Labs may not be withheld or offset by You for any reason against amounts due or asserted to be due from Gate Labs.
VI. Subscription Upon End of Subscription Period.
At the end of the Subscription Period, You may choose to continue Gate Labs’ service with any of the Gate Labs service plans that Gate Labs makes available to its customers. Unless You switch Your plan prior to the end of the Subscription Period, Gate Labs will continue Your existing service plan at the then-current price for such plan on a month-to-month basis and You agree that Gate Labs may auto-charge your payment method for such plan.
Notwithstanding any other provision of these Terms nor any other agreement between You and Gate Labs, during the Subscription Period the Promotional Products and all associated products and services, including those provided pursuant to the Subscription, are provided by Gate Labs “AS IS” and “as available” and GATE LABS DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND GATE LABS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE PROMOTIONAL PRODUCTS AND ALL ASSOCIATED PRODUCTS AND SERVICES SHALL BE $100.