Términos del servicio

Terms of Purchase and Subscription

These Terms of Purchase and Subscription (“Agreement”) are entered into by and between

Scentifies LLC d/b/a Aromas Paradise (“Company”) and Customer as of the Effective Date. Unless

otherwise indicated in this Agreement, all capitalized terms in this Agreement shall have the

meaning ascribed to them in the Purchase and Subscription Form (“Purchase Form”), which is

incorporated herein by this reference.

1.Purchase. Customer agrees to purchase the Product(s) and Service(s) set forth on the Purchase

Form. If Customer has selected a Monthly Payment option for certain Services(s), then Customer

agrees to remit the Monthly Payment in accordance with the Billing Cycle. Customer further agrees

that if Customer does not select a Monthly Payment option (or a Monthly Payment option is not

applicable or available to Customer), then Customer shall pay for the Product(s) and/or

Service(s) set forth on the Purchase Form per the terms therein.

2.Subscription Period. If Customer subscribes to Company’s

Aroma Oil(s) and scenting machines as set forth on the Purchase Form, the subscription period

shall commence on the Effective Date and continue for the Subscription Cycle, and shall automatically renew for the same time as the prior Subscription Cycle and continue thereafter to automatically renew (“Subscription Period”), unless

otherwise terminated earlier pursuant to this Section 2. Customer must notify Company in writing at least 30 days in

advance of the end of the subject Subscription Period if they desire not to renew.  Customer shall be responsible to return any machines or equipment not actually purchased that may be used or related to the Services.

3.Billing Cycle Payments. If Customer selects a Monthly Payment

option for certain Product(s) and/or Services, Customer agrees to pay the total Monthly Payment for

the entire Payment Period based on the Billing Cycle set forth on the Purchase Form, plus any renewals to cover the entire Subscription Period. Customer

further agrees to pay the total Subscription Fee for the entire Subscription Period based on the

Billing Cycle, plus any renewals to cover the entire Subscription Period . Customer

agrees that Customer’s payment method will be assessed the total Monthly Payment and/or the

total Subscription Fee at regular intervals based on Customer’s applicable Billing Cycle (e.g., monthly,

quarterly or annually). Customer represents and warrants that Customer has the legal right to use

the payment method and hereby authorizes Company to charge, and make recurring charges to,

Customer’s payment method, including but not limited to credit or debit card and ACH.

4.Limited Warranty. Subject to and in accordance with this Section 4, Company warrants and

represents that the Product(s) and anything supplied related to the Service(s) shall be free from defects in materials and workmanship as follows:

(i) twelve (12) months from the date of the Purchase Formor (ii) in

the event Customer receives such item more than four months after the Purchase Form based on the Service(s),

then for twelve (12) months from Company sending the subject item to Customer (the “Limited Warranty Period”). During the Limited Warranty Period, the

exclusive remedy of Customer, and the Company’s sole obligation, in the event of any warranty

claim under this Agreement (or otherwise) shall be for Company to repair, replace, refund the amount paid for that specific items or pay Customer

the reasonable cost of repairing or replacing the defective Product. Company’s total liability under

this limited warranty is limited to the purchase price of the specific defective item. Customer must notify

Company in writing of the existence of any defect subject to this limited warranty within 30 days after

Customer discovers such defect. This limited warranty does not cover any damage, deterioration or

malfunction resulting from any alteration, modification, improper or unreasonable use or

maintenance (including the use of oils or other substances in connection with the Products that are

not purchased from Company), misuse, abuse, accident, neglect, exposure to excess moisture, fire,

improper packing and shipping (such claims must be presented to the carrier), lightning, power

surges, or other acts of God. This limited warranty further does not cover (a) any damage,

deterioration or malfunction resulting from (1) the installation or removal of the Products or Services from any

installation, (2) any unauthorized tampering, (3) any negligence, improper action

or inaction, or willful or malicious acts by any party other than Company, (4) any repairs attempted

by anyone unauthorized by Company to make such repairs, and/or (5) any other cause which does

not relate directly to a defect in materials and/or workmanship of the Products, or (b) the Aroma

Oil(s) or any installation or service provided by Company (or its vendors). Only the original Customer

is covered under this limited warranty and this limited warranty is not transferable to any

subsequent purchaser(s) or owner(s) of the Products. This is the sole and exclusive warranty, and no other warranty is offered and no one, except the President of the Company in writing, is authorized to provide any other warranty or modify this limited warranty.

5.DISCLAIMER OF WARRANTIES. Except as expressly set forth in Section 4 hereof, COMPANY

MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING,

WITHOUT LIMITATION, THE CONDITION OF THE PRODUCTS OR AROMA OILS, THEIR

MERCHANTABILITY, THEIR DESIGN, THEIR CAPACITY, THEIR PERFORMANCE, THEIR MATERIAL, THEIR

WORKMANSHIP, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THEY WILL MEET THE

REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR

SPECIFIC APPARATUS OR SPECIAL METHODS. THE COMPANY FURTHER DISCLAIMS ANY LIABILITY

WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A RESULT OF

ANY DEFECTS, LATENT OR OTHERWISE, IN THE PRODUCTS OR AROMA OILS.

6.LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL,

INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST OR IMPUTED PROFITS,

WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR NEGLIGENCE, AND IRRESPECTIVE OF

WHETHER COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR

DAMAGE. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE CUSTOMER

OF AN ADEQUATE REMEDY. IN NO EVENT SHALL COMPANY’S TOTAL CUMULATIVE LIABILITY TO

CUSTOMER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO CUSTOMER’S PURCHASE

OF COMPANY’S PRODUCTS, SERVICE OR AROMA OILS OR CUSTOMER’S USE OF THE COMPANY’S

PRODUCTS, SERVICE OR AROMA OILS AND OR MACHINES REGARDLESS OF THE FORM OF ACTION,

EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT CUSTOMER PAID TO COMPANY DURING THE

TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE WRITTEN NOTICE OF A CLAIM.

7.Governing Law; Jurisdiction; Venue. This Agreement shall be construed and enforced in

accordance with and governed by the laws of the State of Florida. The parties expressly and

irrevocably consent to the exclusive venue, and each further agree to submit to the exclusive

jurisdiction of, the courts located in Miami-Dade County, Florida relating to any disputes between

them arising out of or relating to this Agreement and business dealings of Company and Customer. THE PARTIES WAIVE ALL RIGHTS TO TRIAL BY

JURY IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THIS AGREEMENT OR THE BUSINES DEALINGS OF THE COMPANY AND THE CUSTOMER.

8.Entire Agreement. This Agreement constitutes the sole and entire agreement between the

parties with respect to the subject matter of this Agreement, including the Purchase Form, and supersedes all other prior or

contemporaneous written or oral agreements or understandings between them with respect to the

subject matter. This Agreement, along with all of its attachments, shall

not be subject to change, modification or discharge in whole or in part except by written instrument

signed by both parties.

1. Collection. In the event of a lawsuit or pre-suit collection effort for non-payment, reversal or dispute on a payment, return of equipment/property of the Company, or abuse or damage to Company’s property, the prevailing party shall be entitled to attorneys’ fees and costs.