Legal

This Wocket® Smart Wallet User Agreement (this “Agreement”) is a legal agreement between you and Nxt-Id, Inc. and its affiliates (“Nxt-Id”, “we”, “us” or “our”) governing the use of (i) your Wocket® smart wallet and smart card (collectively, your “Wocket®”); (ii) your Wocket® customer account (your “Wocket® Account”); (iii) the Nxt-Id website, applications and management tools available to you at our website, www.nxt-id.com, and other web properties utilized to provide the Wocket® customer service (collectively, our “Website”); and (iv) the other related features and services provided from time to time (collectively, the “Wocket® Services”).  Please read this Agreement carefully.

By agreeing to this Agreement, you represent (i) are capable of entering into a legally binding agreement; (ii) you and all transactions initiated by you with your Wocket® will comply with all Applicable Law; and (iii) your use of your Wocket® will be in compliance with this Agreement.

1. Definitions

For purposes of this Agreement, please refer to these defined terms in addition to those defined elsewhere:

“Applicable Law” Any and all federal, state and local laws, rules and regulations applicable to your Wocket®, your Wocket® Account and the Wocket® Services, including applicable tax laws and regulations.

“Buyer” A Customer that uses a Wocket® to purchase goods and/or services from a merchant. 

“Customer” A person that purchases a Wocket®.

“Customer Cards” Card representations in your Wocket® which are added by you and may consist of (but are not limited to) Payment Instruments, Loyalty Programs, identification cards, and any other card with magnetic stripes or EMB/NFC or barcodes.

 “Loyalty Program(s)” A membership, affinity, or rewards program.

 “Payment Instrument” A credit card, debit card, merchant gift card or other prepaid payment method, and/or other financial account that has a magnetic stripe you scan into your Wocket®. 

“Payment Transaction” The processing of a payment that results in the debiting, charging, or other related transaction, of the Purchase Amount to a Buyer’s Payment Instrument.

“Product” Any merchandise, good or service that a Buyer may purchase using a Wocket®.

“Purchase Amount” The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.

 “Wocket®”  Your Wocket® is a system, consisting of two devices: an electronic smart wallet (the “Smart Wallet”) and a dynamic smart card (the “Wocket® Card”), which enable you to make purchases at locations that have POS terminals with magnetic stripe readers, EMV/NFC and barcodes.

“Wocket® Account” The account you create with Nxt-Id to register your Wocket® and be eligible for the Wocket® Services upon purchasing your Wocket®.

 

2. Purchasing your Wocket®

When you purchase your Wocket®, you are creating a Wocket® Account that is associated with your Wocket®. You will be asked to provide information such as your name, contact information and a form of payment for your purchase. We will not retain the form of payment used for your purchase. Your Wocket® Account will consist of your name and contact information which will be used for our records. The information you provide will be subject to the Wocket® Privacy Policy.

You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. 

3. The Wocket®

3.1 General Description; License

The Wocket® will allow you to make Payment Transactions and use your Customer Cards in-store using the Wocket® Card that is part of your Wocket®. The Wocket® contains proprietary hardware and software of Nxt-Id.  Among other things, the software enables you to populate the Wocket® Card with the deserved Customer Card. Nxt-Id grants to you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically use your Wocket® solely in accordance with this Agreement. 

3.2 Using your Wocket®

In order to store your Payment Instruments and your Customer Cards on your Wocket®, you will need to scan your desired card into the Wocket® with the scanner provided by Nxt-Id at the time of purchase of the Wocket® and designate the particular Payment Instrument and Customer Card into the desired categories via the touch screen display on the Wocket®. As part of your Wocket® Account, you will have access to a Wocket® application, which will allow you to designate the categories on your Wocket® through a local connection with your mobile phone, tablet or computer. Once the Payment Instruments or Customer Cards are scanned into the Wocket®, you can select the desired “soft card” via a touch screen display for your purchase and the resultant Wocket® Card can be swiped similar to a standard magnetic stripe card. The card information of your Payment Instruments and Customer Cards is retained on the Smart Wallet.

Nxt-Id does not have access to the scanned Payment Instruments or Customer Cards on your Wocket®. Those scanned ‘soft cards’ reside solely on the Wocket® and are not tied to your Wocket® Account. 

Nxt-Id does not make any representation or verify that any of your Payment Instruments or Customer Cards are in good standing or that the issuer of your Payment Instrument will authorize or approve any purchase of Products from a merchant when you use the Wocket® in connection with that purchase. 

You agree to notify Nxt-Id immediately of any unauthorized use of your Wocket® or any other breach of security regarding the Wocket® of which you have knowledge.

You may be subject to limitations on the amount or type of transaction or merchant as per the terms and conditions of your selected Payment Instrument. Please refer to the terms and conditions of your selected Payment Instrument. You are responsible for any charges and related fees that may be imposed under the terms and conditions applicable to the selected Payment Instrument.

While we want you to enjoy your Wocket®, you may not, nor may you permit any third party to do any of the following: (i) decompile, disassemble or otherwise reverse engineer your Wocket®, except to the extent that such restriction is expressly prohibited by law; (ii) perform or attempt to perform any actions that would interfere with the proper working of your Wocket®; or (iii) otherwise use your Wocket®, except as expressly allowed under this Agreement.

 3.3 Nxt-Id is Not a Banking Institution, Issuer, or Processor

Nxt-Id provides you with the ability to store Payment Instruments and Customer Cards, and to communicate such information to participating merchants. Nxt-Id is not a bank or other chartered depository institution. Nxt-Id is not an issuer of any Payment Instrument or other item stored as a Customer Card. Your purchases of Products are transactions between you as a Buyer and the merchant as the merchant, and not with Nxt-Id or any Nxt-Id affiliates. Nxt-Id is not a party to your purchase of Products. With respect to Wocket® transactions, all payment processing is handled solely by the merchant, and Nxt-Id is not involved in the merchant’s processing of the payment.

This Agreement does not amend or otherwise modify your agreement with the issuer of your Payment Instrument or Customer Card, and you are responsible for ensuring your use of the Wocket® complies with such agreements. You also are responsible for all charges and/or debits to your Payment Instrument resulting from purchases of Products or use of your Customer Card using your Wocket®, in accordance with such agreements. In the event of any inconsistency between this Agreement and your agreement with the issuer of your Payment Instrument or Customer Card, this Agreement govern the relationship between you and Nxt-Id solely with respect to your Wocket®, and your agreement with the issuer of your Payment Instrument or Customer Card governs the relationship between you and the issuer of the Payment Instrument or Customer Card. You acknowledge and agree that you are solely responsible for the Payment Instrument or Customer Card, and any other information you enter or otherwise store in your Wocket®. Nxt-Id is not responsible for the accuracy or availability of any information you enter or otherwise store in your Wocket®, including, without limitation, whether such information is current and up-to-date.

3.4 Ownership.

The software component of the Wocket® is licensed and not sold. Nxt-Id reserves all rights not expressly granted to you in this Agreement. The Wocket® is protected by copyright, trade secret and other intellectual property laws. Nxt-Id owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Wocket® and all copies of Wocket®. This Agreement does not grant you any rights to Nxt-Id’s trademarks or service marks. You are not permitted to use the Intellectual Property Rights without our prior written consent.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about Wocket®, including without limitation about how to improve Wocket® or our other products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Nxt-Id under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Nxt-Id does not waive any rights to use similar or related ideas previously known to Nxt-Id, or developed by its employees, or obtained from sources other than you.

4. Privacy

You understand and agree that personal information provided to Nxt-Id in connection with your Wocket® is subject to Nxt-Id’s Privacy Policy which can be reviewed at http://www.wocketwallet.com /privacy. By agreeing to this Agreement, you hereby agree to the Nxt-Id Privacy Policy, which may be updated by Nxt-Id from time to time. 

5. Username, Password and PIN Information

You are responsible for:

maintaining the confidentiality of your username, password and PIN,

any and all transactions by persons that you give access to or that otherwise use such username, password or PIN, and

any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding your Wocket® of which you have knowledge.

6. Electronic Communications

Nxt-Id may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. Pursuant to this Agreement, we will deliver such Communications to you in electronic form. Your agreement to this Agreement confirms your ability and consent to receive such Communications electronically, rather than in paper form.

7. Indemnification

You agree to indemnify, defend and hold harmless Nxt-Id, and its subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including without limitation attorney’s fees and costs incurred by the Indemnified Parties, arising out of, related to, or which may arise from:

your use of your Wocket® and the Wocket® Services;

any breach or non-compliance by you of any term of this Agreement or any Nxt-Id policies;

any dispute or litigation caused by your actions or omissions; or

your negligence or violation or alleged violation of any Applicable Law or rights of a third party.

8. Disclaimer; Limited Warranty

OTHER THAN THE LIMITED WARRANTY PROVIDED BY NXT-ID AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NXT-ID, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, “NXT-ID PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE WOCKET®, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WOCKET®. EXCEPT AS SET FORTH IN THE LIMITED WARRANTY PROVIDED BY NXT-ID, EACH NXT-ID PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE WOCKET®, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE NXT-ID PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WOCKET® WILL BE UNINTERRUPTED OR ERROR FREE. THE NXT-ID PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.

THE NXT-ID PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT OR CUSTOMER CARD INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. 

9. Limitations of Liability; Force Majeure

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NXT-ID PARTIES BE RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THE WOCKET® AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE WOCKET® OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WOCKET®. THE NXT-ID PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WOCKET® WILL BE UNINTERRUPTED OR ERROR FREE. THE NXT-ID PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and in the Limited Warranty and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Nxt-Id Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

10. Governing Law

This Agreement and any Dispute shall be governed by the laws of the State of Connecticut and/or applicable federal law (including the Federal Arbitration Act), except for Connecticut’s choice of law rules, and applicable federal United States laws. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transactions Act.

11. Notice

In addition to the electronic communications authorized under the Section entitled, “Electronic Communications”, statements, notices and other communications to you may be made by mail, email, postings on the Website or other reasonable means. We may also provide notices of changes to this Agreement or other matters by displaying links to notices on the Website. Notice to Nxt-Id may be made by mail to:

Nxt-Id, Inc.

One Reservoir Corporate Centre

4 Research Drive, Suite 402

Shelton, CT 06484 

12. Modification of this Agreement

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Agreement at any time by posting notification on our Website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of your Wocket® and the Wocket® Services.

13. Assignment

You may not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Agreement and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

14. Survival

Upon termination of your use of your Wocket® or the Wocket® Services or termination of this Agreement for any reason, in addition to this section and any provision that is reasonably necessary to accomplish or enforce the purposes of this Agreement, the following sections shall survive termination: 6 through 15.

15. Other Provisions

The failure of Nxt-Id to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement, including Nxt-Id’s limited warranty of the Wocket® and Nxt-Id’s policies governing the Wocket® and the Wocket® Services referenced herein, constitutes the entire agreement between you and Nxt-Id with respect to the use of the Wocket® and the Wocket® Services. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Nxt-Id and other Nxt-Id affiliates, which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder.

ONE (1) YEAR LIMITED WARRANTY
Updated: May, 2014

Nxt-Id’s warranty obligations for our Wocket® are limited to the terms set forth below:

Nxt-Id, Inc. (“Nxt-Id”) warrants that its Wocket® against defects in materials and workmanship under normal use and will perform substantially in accordance with the documentation provided by Nxt-Id for a period of ONE (1) YEAR from the receipt of a Wocket® by a Customer (“Warranty Period”). During this Warranty Period, if a defect arises, and you follow the instructions for returning the Wocket®, we will, at our option, either (i) repair the product, (ii) replace the product with a new product, or (iii) refund the purchase price of the product. 

A replacement product assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.

When a product is exchanged, any replacement item becomes your property and the replaced item becomes Nxt-Id’s property. When a refund is given, the product for which the refund is provided must be returned to Nxt-Id and becomes Nxt-Id’s property.

 EXCLUSIONS AND LIMITATIONS

This Limited Warranty applies only to a Wocket® manufactured by or for Nxt-Id that can be identified by the “Wocket®” trade name, or logo affixed to them.

We will, at our option, refund the purchase price of the product. 

This warranty does not apply: (i) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (ii) to cosmetic damage, including but not limited to scratches, dents and broken plastic; (iii) defects or damage caused by misuse, accident (including without limitation, collision, fire and the spillage of food or liquid or dropping the device), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, use in an unapproved device or if the serial number has been removed; (iv) to damage caused by operating the product outside the permitted or intended uses described by the Wocket® User Agreement; (v) to damage caused by use with non-Wocket® products; (vi) to any non-Wocket® hardware products or any software, even if packaged or sold with Wocket® hardware.

Nxt-Id does not warrant that the operation of the product will be uninterrupted or error-free. Nxt-Id is not responsible for damage arising from failure to follow instructions relating to the product’s use.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. NXT-ID’S RESPONSIBILITY FOR DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY NXT-ID IN ITS SOLE DISCRETION. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

OTHER THAN THE LIMITED WARRANTY PROVIDED BY NXT-ID AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NXT-ID, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, “NXT-ID PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE WOCKET®, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WOCKET®.  OTHER THAN AS SET FORTH HEREIN, EACH NXT-ID PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE WOCKET®, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE NXT-ID PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WOCKET® WILL BE UNINTERRUPTED OR ERROR FREE. THE NXT-ID PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.

THE NXT-ID PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT OR CUSTOMER CARD INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. 

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NXT-ID PARTIES BE RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THE WOCKET® AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE WOCKET® OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WOCKET®. THE NXT-ID PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WOCKET® WILL BE UNINTERRUPTED OR ERROR FREE. THE NXT-ID PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OBTAINING WARRANTY SERVICE

To obtain warranty service for any Product that is subject to the foregoing warranty, Consumer must notify Nxt-Id ([email protected]) to obtain a Return Material Authorization (“RMA”) and return the defective Product together with proof of purchase to the address specified by Nxt-Id in connection with the RMA. 

Please note terms not otherwise defined herein shall have the meaning set forth in the Wocket® User Agreement.