If you are located in a jurisdiction outside the United States, additional or different warranty rights may apply to you depending on your jurisdiction of residence. Please refer to the jurisdiction-specific annex applicable to your place of residence (each a "Jurisdiction Annex"), which supplements this Warranty. In the event of any conflict or inconsistency between the provisions of a Jurisdiction Annex and this Warranty, the Jurisdiction Annex shall prevail.

1. Overview. NEX Team Inc. (“Nex” or “We”) warrants to you, the original purchaser of Playground, that the Playground and its accessories contained in the original packaging which you purchased from us or an authorized retailer or reseller (the “Product”) shall be free from defects in materials and workmanship under ordinary consumer use for one (1) year from the date of delivery of the Product (the “Warranty Period”) subject to the following terms and conditions.
2. Scope. If a covered defect arises in the Product during the warranty period and you follow the instructions for returning the Product, we will at our option, to the extent permitted by law, either (i) repair the Product using either new or refurbished parts,(ii) replace the Product with a new or refurbished Product that is equivalent to the Product to be replaced, or (iii) refund to you all or part of the purchase price of the Product. When the Product or part of it is replaced or a refund is provided, the replacement item becomes your property and the replaced or refunded item becomes our property. The Product so repaired/ the replacement Product will be covered under this Warranty for the remainder of the Warranty Period or ninety (90) days following the delivery of the repaired/replacement Product to you, whichever provides longer coverage for you unless local law provides otherwise.
3. Instructions. To obtain warranty service, please contact us at playground-support@nex.inc. If your warranty service request is accepted, we will provide you with instructions on how to proceed. In general, you will need to provide proof of purchase and deliver the Product in either its original packing or in equally protective packaging to an address specified by us, which may or may not be in the same country or territory of the delivery address. Warranty service will not be provided if the Product is sent back to us without first contacting us or send to an address different form what we have provided.
4. Data etc. During warranty service, the Product may be reformatted and all data stored thereon may be deleted. As such, you should back up any data, software, or other materials you may have stored or preserved on the Product and remove all personal information which you want to protect before sending the Product to Nex for warranty service. Further, following the warranty service, the repaired/replacement Product may be configured to the factory setting, and Nex may also install system software updates as part of warranty service that will prevent the Product from reverting to an earlier version of the system software. Recovery and reinstallation of software programs, data and information of the Product are not covered under this Warranty.
5. Exclusion. Except to the extent prohibited by law, the Warranty does not apply: (a) to defects which relate to normal wear and tear or aging of the Product (e.g. discoloration); (b) to damage caused by abuse, misuse, accident, (e.g. exposure to liquid, food or other contaminants), neglect, improper or unauthorized repair or other modification, tampering, or use with unsuitable/unauthorized hardware, software, services or third-party item(s); (c) to consumable parts (e.g. batteries), the performance of which normally diminishes over time, unless such failure has occurred due to a defect in materials or workmanship; (d) to cosmetic damage (e.g. scratches, dents or broken plastic on ports); (e) if the Product is not used in accordance with the product documentation; (f) if the Product is purchased from sources other than Nex or an authorized retailer or reseller (e.g. non-authorized online auctions); (g) if any serial number (if any) has been removed or defaced from the Product, (h) if the Product is used for commercial purposes (e.g. rental); or (i) to any support services or software provided in connection with the Product.
6. Disclaimers. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. NEX (AND OUR LICENSORS OR OTHER SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS ，IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AGAINST HIDDEN OR LATENT DEFECTS. NEX (AND OUR LICENSORS OR OTHER SUPPLIERS) ALSO MAKES NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS．IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, NEX LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.
   Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty as set forth herein, the scope and duration of such warranty shall be the minimum permitted under applicable law.‍
7. Limitations. IN NO EVENT SHALL NEX (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD- PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PRODUCT IS AT YOUR OWN DISCRETION AND RISK.UNDER NO CIRCUMSTANCES WILL NEX BE LIABLE TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR LICENSORS OR OTHER SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE PRODUCT.
   UNDER NO CIRCUMSTANCES WILL NEX BE LIABLE TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR LICENSORS OR OTHER SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE PRODUCT.
   Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitation or exclusion may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liability as set forth herein, our liability shall be the minimum permitted under such applicable law.

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ANNEX A: Jurisdiction-Specific Terms – United Kingdom

This United Kingdom Jurisdiction Annex ("UK Annex") supplements and, where inconsistent, takes precedence over the Warranty in respect of consumers who are resident in the United Kingdom (England, Wales, Scotland and Northern Ireland).

You have statutory rights under the Consumer Rights Act 2015 ("CRA 2015") and other applicable consumer legislation. This Warranty is a voluntary manufacturer's guarantee provided by Nex and is separate from, and in addition to, your statutory rights. Nothing in this Warranty or this UK Annex limits or affects your statutory rights.

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1. Overview (section 1 – amended)

Section 1 of the Warranty is deleted and replaced as follows for consumers in the United Kingdom:

"1. Overview

NEX Team Inc. ("Nex"), of 333 W San Carlos St., Suite 600, San Jose, CA 95110 (Email: playground-support@nex.inc), warrants to you that the Nex Playground hardware product and its accessories contained in the original packaging (the "Product") shall be free from defects in materials and workmanship under ordinary consumer use for one (1) year from the date of delivery of the Product to you (the "Warranty Period"), subject to the terms and conditions set out in this Warranty.

This Warranty applies to Products purchased in the United Kingdom (England, Wales, Scotland and Northern Ireland), whether purchased from Nex directly or from an authorised retailer or reseller.

This Warranty constitutes a commercial guarantee within the meaning of the Consumer Rights Act 2015. It does not affect your statutory rights as a consumer. You may choose to exercise either your rights under this Warranty (against Nex as manufacturer) or your statutory rights under the CRA 2015 (against the seller from whom you purchased the Product). The seller cannot deny you your statutory rights by directing you to this Warranty instead."

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2. Disclaimers (section 6 – amended)

Section 6 of the Warranty is deleted and replaced as follows for consumers in the United Kingdom:

"6. Disclaimers

    (a) This Warranty sets out the terms on which Nex voluntarily provides repair, replacement or refund for defects in materials and workmanship. It does not cover matters outside its stated scope (as set out in Section 5).

    (b) othing in this Warranty excludes or limits your statutory rights under the CRA 2015 or any other applicable consumer legislation. To the extent that any provision of this Warranty conflicts with your statutory rights, your statutory rights prevail."

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3. Limitations of Liability (section 7 – amended)

Section 7 of the Warranty is deleted and replaced as follows for consumers in the United Kingdom:

"7. Limitations of Liability

7.1 Nothing in this Warranty excludes or limits Nex's liability to you for:

    (a) death or personal injury caused by Nex's negligence;

    (b) fraud or fraudulent misrepresentation;

    (c) any breach of the statutory rights implied by the Consumer Rights Act 2015; or

    (d) any other liability which cannot be excluded or limited under applicable law.

7.2 Subject to section 7.1 above, and to the extent permitted by applicable law:

    (a) neither party shall be liable for any unforeseeable losses (i.e. losses that were not an obvious consequence of the defect and were not contemplated by you and Nex at the time of purchase); and

    (b) the total liability of either party to the other under this Warranty shall not exceed the amount you paid for the Product."

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ANNEX B: Jurisdiction-Specific Terms – European Union/ European Economic Area

This European Union Annex (“EU Annex”) supplements and amends the Warranty in regard to consumers with their habitual residence in the European Union (“EU”) or the European Economic Area (“EEA”).

The EU Annex is complemented by Appendices addressing statutory requirements under particular EU/EEA member state laws (“Country Appendix/Appendices”), namely Germany and the Republic of Ireland. In case of any conflict between provisions of this EU Annex and the main body of the Warranty, the provisions of the EU Annex shall prevail. In case of any conflict between provisions of the respective Country Appendix with the provisions of the main body of the Warranty or with the provisions of the EU Annex the provisions of the Country Appendix shall prevail.

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1. Overview (section 1 – supplemented)

The following sentence is added at the end of section 1:

“For clarity: This Warranty is commercial guarantee under Directive (EU) 2019/771 and independent of and separate to any warranty rights by law that you may have under your contractual terms of purchase for the Product with us or an authorized retailer or reseller, including any rights that you may have against us or any such authorized retailer or reseller for breach of statutory obligations implied by Directive (EU) 2019/771 (Sale of Goods Directive), as implemented into national law.”

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2. Scope (section 2 – amended)

The words “, to the extent permitted by law,” are deleted.

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The following sentence is added at the end of section 3:

“Where you return a defective Product under this Warranty, you will not be required to bear any delivery or postage costs associated with the return.”

4. Disclaimers (section 6 – deleted)

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The entirety of section 6 is deleted.

5. Limitations (section 7 – amended)

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Part of section 7 deleted and replaced with the following:

"7. Limitations

7.1 For the purposes of and limited to this 1-year limited warranty, Nex (or our suppliers) shall in no event be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect or consequential damages arising from or relating to your use of, or inability to use, the product, even if we have been advised of the possibility of such damages. Access to, and use of, the product is at your own discretion and risk.

‍3. Instructions (section 3 – supplemented)

7.2 Under no circumstances will Nex be liable to you (for any cause whatsoever and regardless of the form of the action) for more than the amount you have paid to us for the product. You further acknowledge and agree that our licensors or other suppliers will have no liability of any kind arising from or relating to the product.

7.3 The foregoing limitations shall not apply in case of (i) death or personal injury, wilfulness or gross negligence, fraud or fraudulent misrepresentation, any other liability which cannot be excluded or limited under applicable law, including without limitation product liability.” The rest of Section 7 remains unchanged.

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6. Governing law and venue (new section 8)

The following is added as a new section 8:

"8. Governing law and venue

This Warranty is governed by the laws of the EU/EEA member state in which you have your habitual residence. You may bring any claim arising out of or in connection with this Warranty before the competent courts of the EU/EEA member state or EEA jurisdiction where you are domiciled. We will only bring a claim against you arising out of or in connection with this Warranty before the competent courts of the EU/EEA member state where you are domiciled.”

APPENDIX to the EU Annex: Specific Terms for Consumers in the Republic of Ireland

This Republic of Ireland Appendix ("ROI Appendix") supplements and amends the main body of the Warranty and the EU Annex, and forms an integral part of the Warranty, in regard to consumers with their habitual residence in the Republic of Ireland.

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1. Overview (section 1 of the Warranty, as supplemented by the EU Annex –  amended)

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Section 1 (Overview), as supplemented by the EU Annex, is deleted in its entirety, and replaced with the following:

2. Limitations (section 7 of the Warranty, as amended by the EU Annex – further amended)

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Section 7 (Limitations), as amended by the EU Annex, is deleted and replaced with:

"7. Limitations

7.1 Nothing in this Warranty excludes or limits Nex's liability to you for:

    (a) death or personal injury caused by Nex's negligence;

    (b) fraud or fraudulent misrepresentation by Nex;

    (c) any breach of the statutory rights implied by the Consumer Rights Act 2022 in respect of goods; or

    (d) any other liability which cannot be excluded or limited under applicable law.

7.2 Subject to subsection 7.1(a) to (d) above, and to the extent permitted by applicable law:

    (a) Nex shall not be liable for any unforeseeable losses. Unforeseeable losses are losses that are unexpected, and it was not obvious that they would arise, and there was nothing you said to us that meant that we should have expected them to arise; and

    (b) Nex's total liability to you under this Warranty shall not exceed the amounts paid by you for the Product.”

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“1. Overview. NEX Team Inc. (“Nex” or “We”) warrants to you, the original purchaser of Playground or any subsequent consumer who acquires the Product during the Warranty Period, that the Playground and its accessories contained in the original packaging which you purchased from us or an authorized retailer or reseller (the “Product”) shall be free from defects in materials and workmanship under ordinary consumer use for one (1) year from the date of delivery of the Product (the “Warranty Period”) subject to the following terms and conditions. You are entitled by law to remedies from the seller of the Product free of charge in the event of a lack of conformity of the Product with the sales contract. These remedies are not affected by this Warranty.”