top of page
KoreLock Firmware Commitment and Limited PCBA Warranty Policy
Last Updated: June 25, 2024.
 

KoreLock is committed to customer satisfaction. As such, please review the following commitments we make to our customers concerning our proprietary firmware (“Firmware”) that we may license to you and/or any printed circuit board assemblies (“PCBA”) we may sell to you solely for your integration of such Firmware and/or PCBAs into your electronic locking devices so that such locking devices may be operated using KoreLock’s mobile or other software applications (each a “Smartlock”).

WHO DOES THIS POLICY COVER?

The Firmware commitment (“Firmware Commitment”) and limited PCBA warranty (“PCBA Warranty”) described in this KoreLock Firmware Commitment and Limited PCBA Warranty Policy (“Policy”) are issued by KoreLock, Inc. (“KoreLock,” “we,” “us,” or “our”) to you, our customer who purchased a license to the Firmware and/or one or more PCBAs from us. The Policy covers only you, the original purchaser, and does not extend to any territories or countries outside Canada, Europe, Japan, or the United States. The Policy cannot be assigned or transferred to any subsequent purchaser or user (and any attempt to do so is void) and is not available for products that were purchased from any source other than KoreLock. Proof of purchase may be required by KoreLock as a condition of coverage under this Policy.

WHAT DOES THE POLICY COVER?

(1) Firmware Commitment: With respect to any Smartlocks sold by you to consumers, you are solely responsible for providing first level support to your end users or purchasers of such Smartlocks. If you encounter any Defect (as defined below) with any Smartlock that cannot be resolved by your first level support, however, you may notify KoreLock as specified in this Policy, and KoreLock will use commercially reasonable efforts during its normal business hours to provide a temporary resolution, workaround, or code fix for the Defect. For purposes of this Policy, “Defect” means any failure of the Firmware to meet the then-current KoreLock specifications for the respective Smartlock. For the avoidance of doubt and notwithstanding anything to the contrary set forth in this Policy, minor bugs and non-critical losses of functionality will be noted and corrected as KoreLock releases code updates but will not otherwise be included in this Firmware Commitment. The Firmware Commitment is limited to the then-current and immediately prior major release versions of the KoreLock Firmware and with respect to which any and all bug fixes, updates, upgrades, and other releases from KoreLock have been timely installed.

(2) PCBA Warranty: All PCBAs delivered by KoreLock, excluding KoreLock Firmware for which we provide you the Firmware Commitment, will function in accordance with the applicable PCBA manufacturer specifications during the Warranty Period (as defined below). If you believe any PCBA KoreLock provided to you fails to meet the PCBA Warranty, then you may submit a claim to KoreLock in accordance with this Policy, and after KoreLock’s confirmation of such PCBA failing to meet the PCBA Warranty, KoreLock will repair or replace the affected PCBA(s) within thirty (30) days of KoreLock’s receipt of the claim, or such other cure period as mutually agreed between you and KoreLock.

WHAT IS NOT COVERED BY THE POLICY?

(1) Firmware Commitment: Regardless of the above, the Firmware Commitment does not cover Defects resulting from the following:

  • Minor bugs and non-critical losses of functionality.

  • Customization or configuration of the Firmware as requested by you beyond the original, agreed upon specifications, even if performed by KoreLock.

  • Your negligence, abuse, misapplication, or misuse of the Firmware, including your use of the Firmware beyond the scope of your license to the Firmware.

  • Your failure to implement updates, patches, bug fixes, or other modifications made available by KoreLock.

  • Any warranty that the use or operation of the Firmware will be uninterrupted or error-free.

  • Internet connectivity.

  • Hardware within which the Firmware is embedded (other than PCBAs that we produce, which are covered pursuant to this Policy).

  • Your computing systems or networks.

  • Combination of the KoreLock Firmware with any products other than the locking device(s) as mutually agreed in writing by you and KoreLock.

(2) PCBA Warranty: Regardless of the above, the PCBA Warranty does not cover the following:

  • Software and software functionality, even if licensed or sold with or embedded in the PCBA.

  • Damage or loss of access as a result of the termination or suspension of your license to the Firmware, whether by you or KoreLock.

  • Data or content loss and any costs associated with data or content recovery.

  • Normal wear and tear.

  • Defects or malfunctions experienced during or caused by use that is not in conformity with PCBA documentation, instructions, or technical specifications.

  • Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of plastic (or any other changes in cosmetic appearance that do not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing, other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, exposure to fluids, liquids, or extreme humidity; or modifications that are unauthorized or not recommended by KoreLock.

  • Combination of the PCBA with any products other than the locking device(s) as mutually agreed in writing by customer and KoreLock.

  • A PCBA that has been resold, stolen, or that KoreLock reasonably believes to be resold, stolen, counterfeit, or purchased from an unauthorized distributor or reseller.

  • A PCBA that has had its production information removed or defaced.

  • Damage caused by improper or incorrectly performed maintenance or repair.

  • Use of the PCBA with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the PCBA.

WHAT IS THE WARRANTY PERIOD?

The “Warranty Period” only applies to the PCBA Warranty and is as follows: a period of one (1) year after the date that the PCBA is delivered to the designated destination as provided in the applicable order.

HOW DO YOU SUBMIT A CLAIM?

(1) Firmware Commitment: To report a Defect, you may notify KoreLock by email at support@korelock.com. By submitting a request for support to such email address, you agree to provide KoreLock with all available information reasonably requested by KoreLock regarding the reported Defect, including, without limitation, the manner in which the Firmware failed to perform; a description of troubleshooting you performed prior to contacting KoreLock; sufficient information to enable KoreLock to duplicate the reported Defect and understand the details of the issue; the frequency of the Defect occurrence; and any additional information requested by KoreLock or helpful for analysis of the issue (e.g., data, scripts, and usage patterns that cause the malfunction to occur).

(2) PCBA Warranty: To make a claim under the PCBA Warranty, you must provide written notice to KoreLock at the following address: 7100 E. Belleview Ave., STE 203, Greenwood Village, CO 80111. You agree to provide KoreLock with all available information reasonably requested by KoreLock regarding the warranty claim, including, without limitation, the manner in which the PCBA failed to perform, a description of troubleshooting you performed prior to contacting KoreLock; sufficient information to enable KoreLock to duplicate the reported problem and understand the details of the issue; the frequency of the problem occurrence; and any additional information requested by KoreLock or helpful for analysis of the issue (e.g., data, scripts, and usage patterns that cause the malfunction to occur).

DISPUTES; DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

The interpretation, validity, and enforcement of this Policy, and all legal actions brought under or in connection with the subject matter of this Policy, shall be governed by the law of the State of Colorado (except that any conflicts-of-law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded). Any legal action brought under or in connection with the subject matter of this Policy shall be brought only in the United States District Court for the District of Colorado or, if such court would not have jurisdiction over the matter, then only in a Colorado State court sitting in Denver, Colorado. You and Korelock each hereby irrevocably and exclusively submit to the exclusive jurisdiction of these courts and agree not to commence any legal action under or in connection with the subject matter of this Policy in any other court or forum. You and Korelock each hereby irrevocably waive any objection to the laying of the venue of any legal action brought under or in connection with this Policy in the Federal or State courts sitting in Denver, Colorado, and agree not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

THIS POLICY CONTAINS THE EXCLUSIVE FIRMWARE COMMITMENT AND PCBA WARRANTY GIVEN BY KORELOCK AND SUPERSEDES ANY PRIOR, CONTRARY, OR ADDITIONAL REPRESENTATIONS. ADDITIONAL LIMITATIONS ON THIS POLICY MAY BE CONTAINED IN THE MASTER AGREEMENT BETWEEN YOU AND KORELOCK, IF ANY. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND KORELOCK’S ENTIRE LIABILITY FOR ANY BREACH OF THIS POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, KORELOCK’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE FIRMWARE OR AFFECTED PCBA(s), NOR SHALL KORELOCK UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY DOWNSTREAM CUSTOMER OR END USER OF ANY SMARTLOCK FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSS), REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED OR WHETHER KORELOCK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS POLICY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. THIS POLICY IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND KORELOCK AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KORELOCK. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS POLICY. THIS POLICY WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. OTHER RESOURCES.

In the event of any conflict between this Policy and any warranty provided in a KoreLock user manual or other documentation (if any), this Policy will control to the extent of such conflict. In the event of any conflict between this Policy and the Master Agreement entered between you and KoreLock, if any, the Policy will control to the extent of such conflict.

bottom of page