Repair Terms of Service
Version: July 26, 2026
PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY BEFORE USING THE SERVICES.THIS AGREEMENT, INCLUDING ANY POLICIES AND TERMS LINKED HERETO, IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND US (AS DEFINED BELOW). BY SELECTING THAT YOU AGREE, AND UTILIZING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMSIF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES. CONTACT US FOR ANY QUESTIONS RELATED TO THIS AGREEMENT.
1. Definitions.
In this Agreement: (a) the words "Our" and "Us" and "We" mean the Company and its respective parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns, and, for the purposes of all Sections of this Agreement except Sections 24, and 26, shall also include its System Operators; and (b) the words "You" and "Your" and "Yourself" mean a person or business who uses the Services and any person or entity represented by that individual; (c) the term "Service Authorization & Estimate" means the receipt that You are provided and agree to prior to the commencement of Services, which describes the Services to be performed and the estimated costs; (d) the word "Device" means the eligible device, as defined in this Agreement, identified on the Service Authorization & Estimate on which You authorize Us to perform the Services; (e) the word "Website" means this shop url on this website; and (f) the terms "Accessories", "Parts", or "Components" mean any and all physical parts, hardware, or modules within or attached to the Device other than the main logic board (motherboard). This includes, without limitation: display/screen assemblies, batteries, keyboards, trackpads, cameras, microphones, speakers, power buttons, Wi-Fi/Bluetooth modules, network cards/ports, cooling fans, heat pipes/thermal modules, hard drives/SSDs, RAM modules, hinges, charging ports (DC jack/Type-C), USB/HDMI and other IO interfaces, fingerprint sensors (Touch ID), facial recognition modules (Face ID), touch digitizer flex cables, volume buttons, SIM card trays, exterior enclosures/casings (A/B/C/D covers), daughterboards/sub-boards, power adapters/charging cables, hinge covers/decorative trims, and any other non-motherboard physical components present in or on the Device.
2. Privacy Policy.
You acknowledge that when You visit the Website or use the Services, We may use automatic or other means (including, for example, cookies and web beacons) to collect information about You and Your Device and/or about Your access or use of the Website and the Services. You also may be required to provide certain information about Yourself and/or Your Device as a condition to receiving the Services, and the Services may provide You with opportunities to share information about Yourself with others. All information We collect through or in connection with the Services is subject to Our Privacy Policy which is available at the shop on the website, and explains Our policies with respect to the collection, use and disclosure of information related to or derived from Your use of the Website and Services. Please read the Privacy Policy carefully and completely. It is incorporated by reference into this Agreement, and by using the Services, You consent to the collection, use and disclosure of Your information as set forth in that Policy. Because We cannot guarantee the security of Your personal information, You acknowledge and agree that You provide it to Us at Your own risk. If You know or suspect that the passwords associated with or stored on Your Device have been available to or accessed by anyone as a result of Your use of the Services, You should immediately change or reset those passwords.
3. Representations.
When seeking the Services, You represent to Us that You are the owner and/or have the authority to consent to an inspection and repair of the Device. We reserve the right to refuse to provide You with the Services if You are not the owner and/or the authorized user of the Device. When seeking the Services, You represent to Us that any information or data disclosed to Us is not confidential or proprietary to You or any third party, and said information and data, either through its provision by You or use of it by Us, will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any third party. You further represent that You own any information or data provided to Us or have the necessary rights, consents, permissions, licenses and authorizations to disclose any information or data to Us, including any personal information, as required for Us to perform the Services.
4. Authorizations.
You authorize Us to perform the Services, including but not limited to repairs, technical support, in-home services, and other services as provided by our stores, described in the Service Authorization & Estimate, subject to this Agreement. When seeking certain Services, You (a) expressly consent to inspection and repair of the Device, and (b) authorize Us to repair and otherwise effect changes to Your Device to the extent necessary to provide the Services and acknowledge and agree that such changes may be permanent and irreversible.
5. Scope of the Services.
The Services include repair of Your Device and, if applicable, the operating systems and software applications either thereon or intended to be used thereon, and may include technical support services related to either the repair of Your Device or the optimization of Your usage of Your Device. Services may also include technology recycling that may be subject to separate terms and conditions. You acknowledge that in performing the Services, We may use new, rebuilt, reconditioned or refurbished parts or components, and original or non-original parts. The Services are not provided as part of the original manufacturer's warranty. If Your Device is under any applicable manufacturer's or other warranty, You acknowledge that the Services may void the manufacturer's warranty. We expressly disclaim any responsibility and liability for the Services voiding the manufacturer's warranty, and you agree that We shall not be responsible for any loss or damage of any sort incurred as a result of the Services voiding the manufacturer's warranty of Your Device.
6. Availability of the Services.
The Services are available for all eligible Devices during the operating hours of the stores and/or service centers as determined by Us. If You are an organization, an individual seeking to use the Services on behalf of Your organization may be required to provide identifying information including whether the individual is an owner, member, partner, director, manager, employee, or agent of Your organization.
7. Eligible Service Locations.
When You schedule onsite or in-home Services, eligibility is subject to our stores, the availability of the onsite or in-home Services in Your geographic location, and/or subject to the eligibility requirements set forth in this Agreement. We reserve the right to discontinue or refuse Services as necessary, including if the Service location is cost prohibitive for Our Service technicians to travel to in order to perform the Services.
8. Eligibility For Services.
A. Eligible devices may include, without limitation, cellular phones, laptops, tablets, gaming devices, televisions, printers, smart home products, and any other devices as determined by Us in Our sole discretion. Service eligibility and initiation of the Services is subject to: (a) a visual and physical inspection of the device to Service; (b) confirmation that the device is eligible, accessible and serviceable subject to Our service eligibility criteria; and/or (c) confirmation that no modifications to the device exist that would make the device ineligible or unsafe for the performance of Services. We determine eligibility for onsite and in-home Services during the scheduling process, and confirm eligibility in accordance with the requirements of this Agreement at the designated Service location.
B. Disassembly & Screen Removal Risks. You expressly acknowledge and agree that certain Services (including, but not limited to, replacement of the charging port/tail plug, battery, or other internal components) strictly require the preliminary removal or detachment of the Device’s screen or display panel. Due to original manufacturer design specifications involving high-strength adhesives, ultra-tight tolerances, or non-repairable display assembly structures (common in iPads, tablets, and certain smartphones), there is an inherent and unavoidable risk of screen damage or malfunction during standard disassembly procedures. By authorizing the Services, You agree that if screen damage occurs as a direct result of necessary and standard removal procedures performed by Us, We shall NOT be financially liable or responsible for the cost of a replacement screen. In the event of such damage, if You choose to purchase and supply a new compatible replacement screen at Your own expense, We will perform the installation of the new screen at no additional labor charge to You.
9. Responsibility for Back Ups.
You are solely responsible for backing up any software or data that is stored on Your Device and deleting, encrypting or otherwise protecting Your data from unauthorized use. We disclaim legal responsibility for any loss, alteration or corruption of any hardware, software, data or files. We may decline to provide the Services to You if We determine that appropriate back-up measures have not been taken by You regardless of the cause of any such loss or damage. You are responsible for any and all restoration and reconstruction of lost or altered files, data or programs. We will not treat data on Your Device as confidential and We decline any such agreement with You or other obligation to do so.
10. Abandonment.
We will contact You when the Services have been completed and Your Device is ready for pickup. After such notice, We will store Your Device free of charge for one (1) month. After this period, a storage fee of CAD $30 per month will apply. You acknowledge and agree that if, despite Our efforts to contact You, You fail to pick up Your Device or otherwise arrange for its return for more than ninety (90) days, or any longer period as required by law, following the completion of Services, Your Device will be deemed abandoned and will become Our property, subject to all applicable provisions of law. In such an event, We may dispose of or otherwise utilize the abandoned property in Our sole discretion in accordance with applicable provisions of law, including sale of the abandoned property, proceeds of which may be used to recoup administrative and repair costs, and any remaining surplus disposed of according to the applicable law.
11. Replacement Devices.
Subject to this Agreement regarding Your responsibility to back up Your data, We will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Our possession for Service. In the unlikely event that Your Device is lost, stolen or damaged while it is in Our possession for Service, We will repair Your Device or replace it with a device of like kind and quality, which, at Our sole option, may be new or refurbished.
THE FOLLOWING SECTION 12 DOES NOT APPLY TO QUEBEC CONSUMERS, WHO HAVE THE WARRANTY RIGHTS SET OUT IN SECTION 13 OF THIS AGREEMENT
12. Limited Warranty.
The repairs and parts used in the Services, and any replacement Device provided pursuant to this Agreement, will be warranted for a period of three (3) months from the date the Services are completed (the "Limited Warranty"), subject to the provisions and exclusions set forth herein.
A. Limited Warranty Exclusions. This Limited Warranty does not apply to Services or repairs performed on Devices that have been exposed to moisture or liquids outside of the manufacturer's intended use, regardless of whether the Services attempted to repair such damage or exposure. This Limited Warranty does not provide coverage for Devices which have been subjected to abuse, misuse, damage due to external causes or an Act of God, normal wear and tear which does not affect the original manufacturer's intended use, battery leakage or damage resulting from battery leakage. Furthermore, this Limited Warranty does not cover defects resulting from any action by You or any other third party, including but not limited to mishandling, physical damage, operation outside of design limits, improper repair by someone other than Us, or unauthorized modification. This Limited Warranty does not apply if Your Device shows evidence of tampering or shows evidence of being damaged as a result of excessive corrosion, electrical current, heat, moisture or vibration, or as a result of improper specification, misapplication or other operating conditions outside of Our control. This Limited Warranty covers the following software Services only: factory restores. This Limited Warranty does not apply to Devices with software modifications performed by someone other than Us following the completion of the Services, including without limitation updated software, use of unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Us. This Limited Warranty is non-transferable and does not apply to Devices on which the serial number has been altered, defaced or is missing.
B. Ownership of Repaired or Replaced Parts and Devices. Unless otherwise required by law, all replaced Devices, parts, components, boards and equipment will become Our property, and You waive all rights you may have under state, provincial, or other laws to the replaced Device or repaired or replaced parts.
C. Limited Warranty Procedure.If Your repaired or replacement Device malfunctions within the one (1) year Limited Warranty term, it must be returned to our store or service center for evaluation by Us, and You will be responsible for any applicable shipping costs. If, upon Our examination, We determine at Our sole discretion that the parts or repairs used to perform the Services were defective, or in the case of a replacement Device, that the replacement Device is defective, it will be repaired at no charge.
D. No-Lemon Policy. For replacement Devices only, if we have performed three (3) covered repairs on your replacement Device pursuant to this Limited Warranty, and it requires a fourth (4th) repair within the one (1) year Limited Warranty term, we may replace the Device with a subsequent replacement Device of like kind and quality, which may be new or refurbished in Our sole discretion. In the event we provide a subsequent replacement Device, it will be warranted under this Limited Warranty for the remainder of the original one (1) year Limited Warranty term only.
E. Structural & Seal Disclaimers: You expressly acknowledge and agree that once a Device (including, without limitation, smartphones, iPads, or other tablets) is opened for inspection or Service, its original factory adhesive seal, IP-rated water/dust resistance, and structural bonding are permanently and irreversibly compromised. We do NOT warrant or guarantee that post-repair adhesive strength, seal integrity, or liquid resistance will meet or equal original manufacturer specifications or tolerances. Following Service, the Device should be treated as non-water-resistant. The Customer assumes all risk and sole responsibility for preventing liquid exposure, excessive thermal stress (e.g., thermal softening caused by heavy application usage or charging), and unnatural physical strain (e.g., gravity-suspension, magnetic mounting, or hanging) on repaired panels or screens.
F. Warranty Duties & User Mitigation Obligations: Repairs performed under this Agreement carry a three (3) months limited warranty from the date of pickup, strictly limited to the exact same fault category repaired under the original Service order. Upon discovering any recurrence of a fault, abnormality, thermal overload, or secondary malfunction during the warranty period, You must immediately power off the Device, cease all operation, safely store the Device, and promptly return it for warranty inspection. If You continue to forcibly operate, stress, or charge the Device after a fault occurs, or unreasonably delay returning the Device, thereby causing aggravated internal damage, short-circuits, thermal burnout, or secondary failures to Accessories/boards: such aggravated or secondary damages shall be explicitly EXCLUDED from warranty coverage. We reserve the right to decline warranty coverage for the newly damaged components or require additional paid repair authorization. Disputed warranty claims shall be subject to independent third-party technical evaluation.
THE FOLLOWING SECTION 13 APPLIES ONLY TO QUEBEC CONSUMERS
13. QUEBEC CONSUMER WARRANTY.
A. Scope of Application. The warranty in this Section 13 applies only to Quebec consumers (the "Quebec Limited Warranty"). Everyone else has the warranty rights set out in Section 12 of this agreement. For Quebec consumers, the Quebec Limited Warranty provided in this Section 13 is provided in addition to the legal warranties under the Quebec Consumer Protection Act.
B. Goods and Services Covered by Warranty.This Quebec Limited Warranty covers the repairs and parts used in the Services, and any replacement Device provided pursuant to this Agreement. However, with respect to software Services, this warranty only covers the following software Services: factory restores, and does not cover any other software Services.
C. Our Obligations under this Warranty. If Your repaired or replacement Device malfunctions during the duration of this warranty, and that malfunction is a result of defective repairs or parts used by Us, or because the replacement Device was defective, then it will be repaired by Us at no charge. For replacement Devices only, if we have performed three (3) repairs on your replacement Device pursuant to this Quebec Limited Warranty, and it requires a fourth (4th) repair within the warranty period, we may instead replace the Device with a second replacement Device of like kind and quality, which may be new or refurbished.
D. How to Use this Warranty. You can return Your Device to our store or service center for evaluation and performance of warranty work.
E. Duration of the Warranty. This Quebec Limited Warranty lasts for one year from the date that You pick up Your Device from Us. If You bring Your Device back for repair under this Quebec Limited Warranty, the warranty period is extended by one day for every day that the item remains with us for repair. However, the warranty period does not restart merely because We provide You with a second replacement Device under clause C, above.
F. Warranty Exclusions. This Quebec Limited Warranty does not apply if any of the following exclusions apply: (i) this Quebec Limited Warranty does not apply to Services or repairs performed on Devices that have been damaged by or exposed to moisture or liquids outside of the manufacturer's intended use, regardless of whether the Services attempted to repair such damage or exposure; (ii) this Quebec Limited Warranty does not provide coverage for Devices which have been subjected to abuse, misuse, damage due to external causes or an Act of God, normal wear and tear which does not affect the original manufacturer's intended use, battery leakage ,or damage resulting from battery leakage; (iii) this Quebec Limited Warranty does not cover defects resulting from any action by You or any other third party, including but not limited to tampering, mishandling, physical damage, operation outside of design limits, improper repair by someone other than Us, or unauthorized modification; (iv) this Quebec Limited Warranty does not apply if Your Device shows evidence of being damaged as a result of excessive corrosion, electrical current, heat, or vibration; (v) this Quebec Limited Warranty does not apply if Your Device apply if Your Device shows evidence of being damaged as a result of improper specification, misapplication, or other operating conditions outside of Our control; (vi) this Quebec Limited Warranty does not apply to Devices with software modifications performed by someone other than Us following the completion of the Services, including without limitation updated software, use of unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Us; (vii) this Quebec Limited Warranty does not apply to Devices on which the serial number has been altered, defaced, or is missing.
G. Cost of Warranty Work. There is no charge for performance of this Quebec Limited Warranty.
H. Transport or Shipping Costs. You are responsible for all transport or shipping costs require to perform this Quebec Limited Warranty.
I. Non-transferrable. This Quebec Limited Warranty may not be transferred.
J. Warranty Contact Information. To exercise this Quebec Limited Warranty please contact your local System Operator to obtain warranty service.
THE FOLLOWING SECTION 14 DOES NOT APPLY TO QUEBEC CONSUMERS
14. DISCLAIMER OF ALL OTHER WARRANTIES.
THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY US IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR DEVICE. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. FURTHERMORE, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR MEET THE APPLICABLE LAWS APPLICABLE TO YOU; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, SUITABLE, UNINTERRUPTED, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
THE FOLLOWING SECTION 15 DOES NOT APPLY TO QUEBEC CONSUMERS
15. LIMITATION OF LIABILITY.
THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR THE WEBSITE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, LOSS OF USE OR LOSS OF ACCESS TO DEVICES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE DEVICE, DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA), FAILURE TO CORRECT ANY DEFECTS OR ERRORS IN THE DEVICE OR ANY OTHER HARDWARE OR SOFTWARE, DAMAGES FROM VIRUSES OR OTHER CODE THAT MAY AFFECT THE DEVICE OR ANY OTHER HARDWARE, SOFTWARE, DATA, INFORMATION OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE DEVICE OR ANY OTHER COMMERCIAL OR PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, THE AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT OR TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Suspension or Termination.
We reserve the right to suspend or terminate Your use of the Services or Website at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges.
17. Authority to Modify.
No other individual or entity, including but not limited to any agent, employee, dealer, representative or reseller is authorized to modify this Agreement, including any extension of the Limited Warranty or Quebec Limited Warranty above or to make binding claims, whether in advertising, presentations or otherwise, on Our behalf regarding the Services.
18. Severability & Waiver.
You and We agree that if any term of this Agreement is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.
19. Meta - Data.
You understand and agree that We may collect Meta - Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Us to enhance and improve this process, may be shared with Our affiliates, and will not be distributed further without your consent. Data types that may be collected from Your Device include: Device phone number, Device model number, Device IMEI, Device serial number, BIOS, firmwares, downloaded applications & their respective settings, host applications & their respective settings and photos and videos of the exterior, interior, and software of the device.
THE FOLLOWING SECTION 20 DO NOT APPLY TO QUEBEC CONSUMERS
20. Arbitration Agreement.
Most of Your concerns about the Services can be addressed by contacting Us. For any dispute with Us, You agree to first contact Us and attempt to resolve the dispute with Us informally.
THE FOLLOWING SECTION 21 DOES NOT APPLY TO QUEBEC CONSUMERS
21. Class Action Waiver.
In furtherance of Section 20A of this Agreement, any Claim arising out of or post cancelation or termination of this Agreement must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, class arbitration, collective, representative, multiple plaintiff, or similar basis ("Class Action"), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action. Nor shall the arbitrator have authority to make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only in a court of competent jurisdiction and not by an arbitrator. The parties agree that this Section 21 shall expressly survive cancelation or termination of the Agreement. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. If this specific provision of this Section 21 is found to be unenforceable, then the entirety of this Section 21 and the ARB is null and void.
THE FOLLOWING SECTION 22 DOES NOT APPLY TO QUEBEC CONSUMERS
22. Claim Limitation.
Unless otherwise allowed by applicable law, any claim related to the Services shall be brought within one (1) year of the events giving rise to the claim. Failure to assert any such claim during that one (1) year period results in the claim being forever waived and barred.
23. Third-Party Content.
The Services may expose You to content, websites, products and services created or provided by parties other than Us ("third-party content"). We do not review, endorse or assume any responsibility for third-party content and shall have no liability to You for access to or use of third-party content. You acknowledge and agree that We are not responsible for third-party content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to You or any other person or entity for any third-party content. Third-party content and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Policy do not apply to that third-party content. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement and Privacy Policy do not apply to that third-party content. If you have any issues with any third-party content, you must contact the provider of the third-party content provider directly.
24. Intellectual Property Rights.
You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with the Services are Our exclusive property, and all such rights not expressly granted to You in this Agreement are hereby reserved and retained by Us. If You submit comments, suggestions, enhancement requests, recommendations, corrections, feedback or ideas about the Services, including ways to improve the Services or other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Idea without compensation to You and/or to disclose the Idea to anyone on a non-confidential basis. You further acknowledge that We do not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees, or obtained from sources other than You. For greater certainty, You grant to Us and our affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate the Ideas.
25. Indemnification.
You agree to indemnify, defend, and hold Us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of the Services; (b) Your alleged or actual breach of this Agreement, including any representations you made to us; (c) Your alleged or actual violation of any applicable rule, law or regulation; (d) Your negligence or willful misconduct; or (e) Your alleged or actual violation of the intellectual property or other rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.
26. Assignment.
This Agreement and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Us, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
27. Entire Agreement & Governing Law.
This Agreement and the documents incorporated by reference constitute Our entire agreement with respect to the Services and supersede any prior or contemporaneous agreements. Agreements with Quebec consumers shall be governed by and construed in accordance with the laws of the province of Quebec. For all other consumers, this Agreement and Your relationship with Us shall be governed by and construed in accordance with the laws of the province of Quebec, without regard to conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
28. Misuse.
You shall not misuse the Services or Website, including, without limitation, using the Services or Website in any manner that: (a) interferes with or interrupts the Services or Website or any hardware, software, system or network connected with the Services or Website; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another's privacy rights; (c) uses the Services or Website on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses, Trojan horses, worms, or other software, script or computer code, files or programs that interrupt, destroy or limit the functionality of the Services or Website or any other computer software or hardware; (f) removes, disables, circumvents, or otherwise creates or implement any workaround to any copy protection, rights management, or security features in or protecting the Services or Website; or (g) uses any robot, spider, or other automatic device, process, or means to use the Services or Website; (h) collect or harvest any information from the Services or the Website or its contents in a bulk or systematic way; (i) probe, scan, or test the vulnerability of the Services or the Website or its contents or any network connected to them, or breach the security or authentication measures on them or on any network connected to them; (j) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Website; (k) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to them; or (l) forge headers, impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to Us or any other person on or through the Website or its contents .
29. Services Exclusions.
Technical support and repair Services may have limitations and exclusions including but not limited to (a) assistance with third-party software or services; (b) installation of third-party software or drivers not supported by Your Device; (c) assistance with network coverage issues, such as dropped calls/data interruptions; (d) over-the-air updates to operating systems, firmware, or some software; (e) diagnostic support or services not related to Your Device or repairment; (f) modification of Original Equipment Manufacturer ("OEM") configuration or software; (g) hardware and equipment setup and repair not related to Your Device or repairment; (h) installation of non-sanctioned software or applications; (i) assistance with enterprise level software industry specific hardware or equipment; or (j) Activate or unlock any software or device.
30. Inherent Repair Risks, Disassembly & Data Disclaimers
A. Cosmetic & Structural Disassembly Risks. You acknowledge that Services, particularly motherboard or component-level repairs, require invasive disassembly. Minor physical marks or traces may occur near screw holes, clips, or seams. Due to material aging, thermal fatigue, or pre-existing brittle conditions, structural posts, screw bosses, or internal standoffs may fracture under normal disassembly force; such occurrences are deemed pre-existing mechanical failures, not technician negligence. Furthermore, for integrated or glued devices (such as iPads or tablets), disassembly carries inherent risks of damage or functional loss to Accessories (including screens, cameras, Touch ID, Face ID, etc.). Cosmetic defects (scratches, dents, oxidation, wear) are excluded from electronic repair warranties. Customers are advised to photograph the Device prior to handing it over for Service.
B. Fault Aggravation & Diagnostics Risk. Diagnostic evaluation and motherboard-level repairs carry inherent technical uncertainty. Diagnostic procedures, power testing, or component soldering may cause existing symptoms to worsen or induce secondary functional failures (e.g., a device that partially boots may become completely unbootable, or Accessories like audio or camera modules may experience new defects). You expressly assume all risks associated with fault aggravation during diagnostics or attempted repairs. While We apply professional care, We do not guarantee successful outcomes.
C. Screen Removal & Structural/Waterproofing Disclaimers. If servicing an Accessory (such as a charge port or battery) strictly requires the preliminary removal of the screen, there is an inherent risk of screen damage due to manufacturer adhesive designs. If screen damage occurs under standard removal procedures, We shall NOT be liable for replacement screen costs (though We will install a Customer-supplied replacement screen without extra labor fees). Furthermore, once opened, the Device's original factory IP-rated water/dust resistance and structural bonding are permanently and irreversibly compromised. The Device must be treated as non-water-resistant, and the Customer assumes sole responsibility for avoiding thermal stress (e.g., thermal adhesive softening) or physical strain (e.g., gravity-suspension mounts).
D. Data Recovery Intent & Post-Recovery Machine Stability. If the primary objective of the Services is data recovery or data retrieval from the Device, the Services are NOT performed with the intent or guarantee of restoring the Device to long-term, stable, or normal operational condition. If the Device remains bootable or operational following successful data retrieval, such operation is deemed an incidental byproduct. We do NOT warrant or guarantee the ongoing stability, reliability, or future functionality of the Device. The Customer may NOT demand further hardware repairs, refuse payment, or request a refund on the grounds that the Device is intended for continued daily use.
E. Encrypted Storage (BitLocker, FileVault, etc.) Responsibility. If the Device utilizes drive encryption, security chips, or password protection—including, but not limited to, Microsoft BitLocker, Apple FileVault, firmware passwords, or hardware TPM/Secure Enclave encryption—and the operating system or security architecture enforces a password, recovery key, or encryption key prompt following hardware repairs, diagnostics, or low-level system adjustments: If the Customer is unable to provide or successfully enter the correct decryption key/password, resulting in unreadable data, such occurrence shall NOT be deemed a repair failure or breach of contract by Us. The Customer remains fully obligated to pay all applicable diagnostic, labor, and repair fees in full.
F. General Data Loss & Manufacturer Warranty. If the Device is bootable, You must back up all data prior to Service. We disclaim all liability for lost or corrupted data. Servicing by an unauthorized third party will typically void remaining original manufacturer warranties and official repair eligibility, the consequences of which are solely assumed by You.
31. Communications.
You agree to receive communications from Us related to Your Device and the Services ("Core Communications"), and You cannot opt out of receiving those Core Communications. You also agree to receive electronic communications from Us related to Your Device and the features available thereon, as well as Your use of that device ("Non-Core Communications"), and You can opt out of receiving those Non-Core Communications by following the "unsubscribe" instructions included in them. You agree that You are solely responsible for any charges or fees associated with Core and Non-Core Communications.
32. Commercially Reasonable Efforts & Technical Problems.
We will use commercially reasonable efforts to provide You with the Services and Website. This means that if We are unable to resolve the issue related to Your Device after making commercially reasonable efforts, We have the right, at Our sole discretion, to refuse to take any further steps to resolve the issue related to Your Device. Additionally, in some instances, We may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other information required to resolve the issue related to Your Device. Some technical problems that You encounter when using Your Device may be the result of software or hardware errors not yet resolved by the hardware or software vendors, manufacturers or developers, in which case We may not be able to resolve Your specific issue. In these circumstances, You are still liable to Us for any fees or charges associated with the Services.
33. Language.
You and We agree that this contract, and any related notices and documents, shall be drawn up in the English language. Les parties aux présentes conviennent que le présent contrat, ainsi que tous les avis et documents connexes, seront rédigés en langue anglaise.