Talsam Limited Warranty
BY USING YOUR TALSAM CHARM OR ANY OF ITS RELATED ACCESSORIES (THE “PRODUCT”), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE CHIPP’D LTD. (“CHIPP’D”) EXCLUSIVE LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE WITH THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURNS PERIOD STATED IN OUR RETURN POLICY, WHICH CAN BE FOUND ON OUR WEBSITE AT TALSAM.COM/PAGES/RETURNS.
What is Covered?
Chipp’d Ltd. warrants to the original purchaser that your Product will be free from defects in materials and workmanship under normal use for one (1) year from the date of original purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Talsam product in the EEA, the warranty period is two (2) years from the date of purchase (the “Warranty Period”).
The Warranty Period is not extended if we repair or replace the Product. Normal use is defined as being in accordance with Chipp’d’s published guidelines, which include but are not limited to information contained in technical specifications, user manuals, or marketing and service communications. The Warranty does not extend to any subsequent owner or transferee of the Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
Attention: Safety Instructions
Chipp’d products contain electrical equipment that could cause injury if not handled properly. Please note that Chipp’d is not responsible for damage arising from failure to follow instructions relating to the Product’s use.
Proper handling includes, but is not limited to the following:
- Use only accessories approved for use with the Product by Chipp’d. Using unapproved or incompatible batteries or other accessories may cause fire or other hazards. The use of any other types of accessories may void the warranty, may violate local regulations and laws, and may be dangerous.
- Due to the delicate nature of the crystals and semi-precious stones used in the makeup of the Product, treat your Product with extra care as the Warranty will not cover breakage in case of fall, misuse, or regular wear and tear.
- The Product is not designed to be waterproof. Do not immerse or expose the Product to water, as the Warranty will not cover damage caused by excess exposure to water.
- The Product is not designed or intended for children. Always store the Product out of the reach of children. The Product and components of its packaging may cause choking if ingested.
- The Product is not an emergency alert device and is not a substitute for contacting the relevant authorities in the event of an emergency. In the event of an emergency, please contact the local authorities (police, hospital, or fire station) for assistance.
- The Product contains sharp edges and clasps designed to keep its two main parts physically connected. Please handle with care.
- Ideal operating temperatures are 32-104oF (0-40oC). Extreme heat or cold may damage the Product. Keep the Product in a well-ventilated and cool area away from sources of heat and fire, such as a heater, microwave oven, stove, water heater, radiator, or candle.
- Do not expose the Product to direct sunlight for prolonged periods.
- Do not use any chemical detergent, powder, or any other abrasive agent to clean the Product. These substances may cause damage or discoloration to parts or present a fire hazard. Use the included microfiber cloth to polish the Product.
- Do not use the Product if using the Product is prohibited or if doing so causes danger or interference with other electronic devices or medical equipment.
- Do not attempt to replace the battery, open the enclosure, dismantle or remanufacture the Product. Doing so will void the warranty and can result in a safety hazard.
- Observe local laws and regulations while using the Product. To minimize risk of accidents, do not use the Product while driving.
- Substances in the Product and its battery may harm the environment or cause injury if handled and disposed of improperly.
- Do not use the Product in a sauna or steam room.
- Charge the battery in accordance with the instructions provided during setup. Only use a power supply that is certified by a recognized testing laboratory and an authorized Talsam charging cable.
- Do not wear the Product while charging it.
Attention: Disposal and Recycling
The symbol on the Product packaging signifies that the Product must be disposed separately from ordinary household wastes at its end of life because it contains a battery and is electronic equipment. Ensure that you dispose of the Product at a recycling center.
- Do not dispose of the Product with household waste.
- Disposal of the packaging and the Product should be done in accordance with local regulations.
- Batteries are not to be disposed of in municipal waste stream and require separate collection.
AS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DEFECT OR OTHER CLAIM UNDER THIS LIMITED WARRANTY, Chipp’d will, upon receipt of a valid claim received by Chipp’d within the Warranty Period, at Chipp’d’s option, (a) repair the Product at no charge, using new or refurbished replacement parts, or (b) replace the Product with a new Product. Except where prohibited by applicable law, this Warranty does not cover the cost of returning the Product to Chipp’d, and you will be responsible for such cost. Any replacement Product will be warranted for thirty (30) days, or for the remainder of the original Warranty Period, whichever provides you with longer coverage. When a Product or part of a Product is replaced, any replacement item becomes your property and the replaced item becomes Chipp’d’s property. If your product is no longer being manufactured or is out of stock, we may replace your product with a comparable or improved product at our option.
Instructions to Obtain Warranty Service
To obtain warranty service for any Product that is subject to this Warranty, you must (a) contact Chipp’d at firstname.lastname@example.org to request a Return Material Authorization (“RMA”) prior to the end of the Warranty Period; and (b) return the defective Product, along with the RMA number you received, to the address specified by Chipp’d in the RMA. As allowed by applicable law, Chipp’d may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. You must deliver the Product in either its original packaging or packaging providing an equal degree of protection. Shipping and handling charges may apply except where prohibited by applicable law.
Exclusions and Limitations
Chipp’d does not warrant that the operation of the Product will be uninterrupted or error-free. This Warranty does not cover software embedded in any Product and related services provided by Chipp’d. See the Talsam Terms of Service, which can be found at talsam.com/pages/terms for details about your rights with respect to use of the software and related services.
This Warranty is valid only in jurisdictions where the Products are sold by Chipp’d itself or through an authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any Product returned to Chipp’d without a valid Warranty claim or without a RMA may be rejected, returned at sender’s cost, or kept for 30 days for pick-up and then disposed of at Chipp’d’s discretion.
Without limiting the foregoing, this Warranty does not apply to any (a) Chipp’d products and services other than the Products, (b) third party products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Chipp’d reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product.
This Warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone other than Chipp’d, nor does it apply (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time or other parts of the product with limited resistance, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches and dents; (c) to damage caused by use with a third party component.
In addition, this Warranty does not apply to damage or defects caused by (a) use with non-Talsam products; (b) accident, flood, fire, earthquake or other external causes; (c) abuse, misuse, mishandling or improper, rough or careless treatment; (d) normal wear and tear or aging of the Product or otherwise due to the normal aging; or (e) operating the Product (i) outside the permitted or intended uses described by Chipp’d, (ii) not in accordance with instructions provided by Chipp’d, or (iii) with improper voltage or power supply.
No agent or employee is authorized to make any modification, extension, or addition to this Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHIPP’D EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, ARISING FROM COURSE OF CONDUCT OR OTHERWISE, REGARDING THE PRODUCT, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE ONE-YEAR PERIOD OF THE EXPRESS WARRANTY ABOVE.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHIPP’D AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “CHIPP’D PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, BREACH OR FAILURE OF ANY WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCT, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A CHIPP’D PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHIPP’D PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID CHIPP’D FOR THE PRODUCT.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Governing Law; Specific Legal Rights
This Limited Warranty shall be governed by the laws of the State New York regardless of whether choice-of-law rules point to the law of another jurisdiction. This Limited Warranty gives you specific legal rights, and you may also have other rights that vary by state to state.
Frequently Asked Questions
How Does Talsam Work?
Talsam is wearable technology that keeps you connected to loved ones, no matter where you are.
- Send a message with the Talsam app and make their charm vibrate and light up, letting them know you're thinking of them.
- They can share their location with you in the event of an emergency by pressing the button on their charm.
- You can communicate privately using the app and share secret messages, which must be unlocked using their charm, fingerprint, retina scan, or password.
How Do I Send Secret Messages?
You can mark any of the following messages as secret: photos, videos, voice notes, and stylized quotes. To do so, set the Secret Message toggle at the top of the screen to the ON position before you send the message. It will now require the recipient to use two-factor authentication to unlock it.
How Do I Charge My Charm?
Talsam contains a built-in USB-C® connector that you can plug into a power source, a computer, or even a smartphone. Talsam charms can be fully charged in less than 2 hours.
How Do I Send An SOS Alert?
To send an SOS alert* with Talsam, simply press and hold the button on the charm for 5 seconds.
The charm will vibrate to let you know that the alert was sent. The emergency contact(s) specified in your account will receive a text message and email containing your location, along with an automated phone call.