Important Notice

Please read the following terms carefully. By participating in the Screen Damage Protection plan, you acknowledge and agree that you accept the terms and conditions set forth below.

1. WHAT THIS AGREEMENT COVERS

This Screen Damage Protection Plan Agreement (“Agreement”) is the complete agreement between you (“you” or “Your”) and Motorola Mobility LLC (“Motorola” or “us” or “our” or “we”) regarding support services to be provided by Motorola for accidental physical display damage (“SDP” or “SDP Service”) to the display assembly of the covered Motorola smartphone product specified in your invoice or order confirmation in connection with your purchase of the applicable product via the Motorola website (“Product”). This Agreement supersedes and replaces any prior oral or written communications between you and Motorola Mobility LLC regarding SDP for the relevant Product. Any additional or different terms in any order or written communications from you shall be void and of no effect. The SDP Service to which you are entitled under this Agreement will be provided as described in this Agreement. SDP is available in the country or region in which you purchased your Product. SDP may be available in other countries or regions at Motorola’s discretion.

2. PRODUCT

The covered Product (“Product”) is the Motorola mobile device as identified on your invoice.

3. WHAT IS COVERED

Provided the Product is handed over to a Motorola Authorized Service Center(“MASC”) in its entirety during the Coverage Period (See Repair Options: https://www.motorola.com/support), and that you have submitted the documents as desired under the SDP Service request and have purchased the Product via Motorola’s official website, Motorola will replace the display assembly of your Product if it suffers accidental physical damage.

4. WHAT IS NOT COVERED

This Agreement does not cover:

1. Normal wear and tear due to the normal aging of the Product, including parts that are expected to deteriorate over time;
2. Cosmetic damage (e.g, scratches, dents, or cracks that do not affect the Product’s functionality or structural integrity);
3. Damage caused by the use of non-Motorola branded or approved products, accessories or software;
4. Damage to accessories provided as a sale package with the Product;
5. Software, personal data, music or pictures or any other content lost through Product damage, through a repair service or due to Product replacement;
6. Liquid damage to the display assembly, including by biohazards or human or animal bodily fluids;
7. Damage from intentional acts, abuse, misuse, unauthorized modification, operating a Product outside its permitted or intended uses, unsuitable physical or operating environment, improper maintenance by anyone other than Motorola authorized service providers, removal of original parts or alteration of a Product or identification labels;
8. Damage caused by improper maintenance or service performed by anyone other than through a MASC;
9. Defects, damages, or the failure of the Product due to any third party communication service or network you subscribe to or use with the Product;
10. Damage to a product that is not the covered Product;
11. Damage due to the use of the Product by a third party;
12. Damage caused by incorrect storage, poor care and/or maintenance, careless use, gross negligence, incorrect installation and/or incorrect set up;
13. Products with serial numbers that have been altered, defaced or removed, or have been modified to alter its functionality or capability without the written permission of Motorola;
14. Damage due to any experiments or tests and/or alterations resulting to any abnormal conditions of the Product;
15. Theft, loss or damage from fire, flood, or natural disaster, war, terrorism, or acts of God;
16. Loss or damage covered by Motorola’s standard manufacturer’s warranty; or
17. More than one (1) accepted claims within any Coverage Period (as defined below).

5. SPECIAL EXCLUSIONS

Motorola shall not be liable in respect of loss or damage to the Product relating to or caused by you that is found to be involved in any way in fraudulent or illegal activity of any kind whatsoever related to the SDP Service or Product and/or your inability to submit any processing documents or supporting documents required for processing the request. In any action, suit or other proceeding where the underwriting partner alleges that by reason of the provisions of the exceptions or exclusions in this Section 5 or in Section 4 above, any damage is not covered under this Agreement, the burden of proving that such damage is covered shall remain with you.

6. COVERAGE PERIOD

Depending on the duration of coverage purchased, the SDP period shall begin on the ship date or activation date (as applicable) of the covered Product and will expire on the last day of the six (6) month or twelve (12) month period immediately following such start date (“Coverage Period”). Coverage will terminate immediately if you reject these terms within 30 days of purchasing the SDP Service, provided no SDP claims have been submitted.

7. ELIGIBILITY

SDP is may only be purchased directly from Motorola via Motorola’s online website. Additionally, SDP is not available for products that are either refurbished or purchased by a customer post return from the first customer, even in an unboxed condition. In order to purchase an SDP service, you may be required to provide a Proof of Purchase (“POP”) of your Product(s) to Motorola via an online upload of the scanned receipt or by other means as required by Motorola.

8. YOUR RESPONSIBILITIES

1. At the time of raising the claim through the MASC, provide a copy of your Product’s original proof of purchase;
2. Provide information about the reasons and causes of the damage to the display assembly of the Product;
3. Respond to requests for information, including but not limited to the Product serial number, model, version of the operating system and software installed, actions taken before the Product experienced the damage and steps taken to avoid the damage;
4. Make sure to backup software and data residing on the Product. DURING THE FULFILLMENT OF SDP SERVICE, THE MASC MAY DELETE THE CONTENTS OF THE PRODUCT AND REFORMAT THE STORAGE MEDIA IF NECESSARY. The MASC may return your Product after the SDP Service subject to applicable updates. The MASC may install latest software updates as part of hardware service that will prevent the Product from reverting to an earlier version of the Operating System. Third party applications installed on the Product may not be compatible or work with the Product as a result of the Operating System update. You will be responsible for reinstalling all other software programs, data and passwords.

9. CLAIM LIMITATIONS

Motorola will accept up to one (1) claim within the Coverage Period (as defined in Section 6 above). Your SDP Service plan and this Agreement will automatically terminate upon fulfilment of the claim.

10. CANCELLATION

You may cancel this Agreement at any time for any reason. If you cancel this Agreement within thirty (30) days of the date purchased, you will receive a refund of the full purchase price less any claims. If you cancel this Agreement thereafter, you will not be entitled to a refund of any portion of the purchase price. We may not cancel this Agreement except for fraud, material misrepresentation or non-payment by you. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If we cancel, you will receive a pro-rata refund on full purchase price paid based on the time remaining on your SDP Service plan.

11. SERVICE

SDP Service provides additional coverage to the benefits provided by Motorola under Motorola’s standard manufacturer’s warranty. Display assembly repair or replacement service will be provided by the applicable MASC or by their subcontractors. After Motorola authorizes your claim, you will need to mail your Product to the applicable MASC. Motorola will at our sole discretion replace the display assembly on your Product, or if not repairable, replace your Product with a new or refurbished Product with comparable specifications. The decision to repair or replace your Product will be made solely by Motorola. You may be asked to provide Proof of Purchase and/or other documentation as a condition to receiving SDP Service under this Agreement. The purchaser of the Product whose name is mentioned on the original invoice shall be deemed the customer entitled to receive SDP Service under this Agreement. Your original purchase receipt should be kept with this Agreement in a safe place.

If your Product has been modified, Motorola will only repair or replace the Product to the original specification. Additional information can be found here: https://www.motorola.com/support

12. PAYMENT; REGISTRATION

Payment must be received by Motorola in advance of providing SDP. You are responsible for any taxes related to SDP. After purchase of the Product and upon shipment of the Product to you, Motorola will automatically register the SDP Service for your Product. You may receive an automated communication of confirmation of your registration upon Motorola completing the registration formalities.

13. WARRANTY

Motorola warrants that services will be performed using reasonable care and skill.

THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL MOTOROLA, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF MOTOROLA, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE PRODUCT.

THE FOREGOING LIMITATIONS DO NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH MOTOROLA IS LIABLE UNDER LAW.

15. PRIVACY & DATA PROTECTION

Personal information provided by you to Motorola will be used by Motorola consistent with the terms of this agreement, Motorola’s Website Privacy Statement, (https://www.motorola.com/us/legal/privacy-policy)and Motorola’s Product Privacy Statement, (https://www.motorola.com/us/legal/product-privacy)Motorola and our affiliated companies may collect, process store, and use information about your transaction and information that you have provided to Motorola, including your contact information such as your name, phone number, mailing address and e-mail address, to process and fulfil your transaction. We may also contact you to notify you about any product recall, safety issue or service actions. Where permissible under local law, and to the extent permissible, we may use this information to inquire about your satisfaction with our products or services or to provide you with information about other products and services. You may decline to receive any further such communications from us at any time. In accomplishing these purposes, we may transfer your information to any country where we do business; we may provide it to affiliated companies and/or service providers acting on our behalf; or we may disclose it where required by law. We will not sell or otherwise transfer personally identifiable information you provide to any third parties for their own direct marketing use without your consent. For more information regarding how we may collect, process, use, and store your personal information, including your data protection rights and how to contact Motorola’s privacy program please review Motorola’s privacy statements as linked above.

16. GENERAL

If any provision of this Agreement is deemed unenforceable or void, the remaining provisions shall remain in full force and effect. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. Motorola grants you only the rights specified in this Agreement. No other license or rights (including license or rights under patents) are granted hereunder. Additionally, Motorola does not grant you the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent. Neither party heretowill bring a legal action arising out of or related to this Agreement or SDP more than two years after the cause of action arose unless otherwise provided by applicable law without the possibility of waiver by contract. Neither party hereto is responsible for failure to fulfil its obligations due to causes beyond its control. Either party may communicate with the other by electronic means and such communication deemed to be in writing to the extent permissible under applicable law. An identification code contained in an electronic document shall be sufficient to verify the sender’s identity and the authenticity of the document. Each party hereto will comply with any laws and regulations that are applicable to this Agreement. Motorola may assign this Agreement at any time upon written notice including but not limited to an affiliate or to our successor organization by merger or acquisition and does not require your consent. Motorola may also assign its rights to payments under this Agreement without your consent. You may not assign this Agreement. Any terms which by their nature extend beyond the termination of this Agreement remain in effect until fulfilled and shall apply to each party’s respective successors and assigns. Both you and Motorola consent to the application of the laws of the jurisdiction where the Product is purchased to govern, interpret, and enforce such party’s respective rights, duties, and obligations under or relating to this Agreement, without regard to conflict of law principles. Each party hereby waives its right to a jury trial in any action arising under or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.Customer Service Contact numbers can be found below, as well as via the following link (which may be updated from time to time, as necessary): https://en-emea.support.motorola.com/app/mcp/contactus.

Customer Service Contact numbers