zenibee-care-terms

1. Overview

These Zenibee Care (Founder Family Edition) Terms & Conditions (these “Terms”) govern Zenibee Care (Founder Family Edition) (the “Plan”).

The Plan is a complimentary, limited post-delivery protection benefit made available by Zenibee exclusively to eligible customers who purchase an eligible Zenibee Founder Family Package during the designated pre-sale period through Zenibee or another sales channel expressly authorized by Zenibee.

The Plan applies only to the eligible Zenibee product purchased as part of the applicable Founder Family Package and properly activated in accordance with these Terms (the “Product”).

The Plan provides limited protection for two categories of covered events:

(a) Accidental Damage from Handling (“ADH”)
Certain qualifying sudden, accidental, and unintentional non-collision damage arising from ordinary, personal, non-commercial use of the Product in a manner consistent with the Product’s intended design, instructions, warnings, and limitations.

(b) Vehicle Collision Crash Replacement Benefit
A replacement-only benefit for a Product that was involved in any motor vehicle crash or collision while in a vehicle, subject to these Terms.

For the avoidance of doubt, the Plan:

is not insurance;
is not a warranty extension;
does not replace the Zenibee Limited Warranty;
does not guarantee unlimited repairs, unlimited replacements, or unlimited claims;
does not certify that a damaged Product remains safe for continued use; and
is subject at all times to eligibility requirements, activation requirements, claim procedures, fees, claim limits, documentation requirements, return or destruction obligations, fraud review, and all other conditions stated in these Terms.

Zenibee Care is intended as a complimentary promotional protection benefit included with the eligible Founder Family Package. To the extent any applicable law treats all or part of the Plan differently, including as a service contract, service plan, or similar regulated product, these Terms shall be interpreted and administered to comply with applicable law to the minimum extent required.

2. Relationship to the Zenibee Limited Warranty

The Plan is separate from, and does not replace, the Zenibee Limited Warranty.

The Zenibee Limited Warranty governs claims arising from defects in materials, workmanship, manufacturing, or other product nonconformity to the extent expressly covered by that warranty.

The Plan is intended to address certain qualifying accidental events occurring after delivery and activation, and certain qualifying vehicle collision replacement events, as described in these Terms.

Accordingly:

2.1 Warranty Matters

The following matters are governed exclusively by the Zenibee Limited Warranty, and are not covered as Plan benefits under Zenibee Care except to the extent Zenibee expressly states otherwise in writing:

defects in materials or workmanship;
manufacturing defects;
structural or mechanical failures caused by defects in materials or workmanship;
product nonconformity existing at the time of delivery; and
other matters Zenibee reasonably determines are properly classified as warranty matters rather than Plan claims.

2.2 No Warranty Extension

Nothing in this Plan extends the duration, remedies, or scope of the Zenibee Limited Warranty.

2.3 Claim Classification

Zenibee may evaluate submitted claims using documented internal engineering, safety, visual-inspection, quality, and claims-handling criteria together with the information, photographs, videos, documents, and Product inspections available for the claim.

Based on that review, a claim may be classified as:

a warranty claim;
a Minor Damage ADH claim;
a Major Damage ADH claim;
a Vehicle Collision Crash Replacement claim;
an excluded event; or
a denied claim.

Zenibee will exercise this classification process in good faith and with priority given to child safety, Product integrity, claim consistency, fraud prevention, and appropriate claims administration.

2.4 Internal Review

If a customer disputes a claim determination, claim classification, or benefit decision under the Plan, the customer may request one internal review by contacting Zenibee within fifteen (15) days after notice of the original determination. Zenibee may conduct a secondary review using the information already provided together with any additional information reasonably requested by Zenibee.

2.5 Non-Waivable Rights

Nothing in these Terms disclaims, waives, or limits any implied warranty or other consumer right to the extent such disclaimer, waiver, or limitation is prohibited by applicable law.

3. Eligibility

The Plan is available only to eligible customers who satisfy all Plan requirements.

3.1 Eligible Purchasers

The Plan is available only to the original retail purchaser of the Product who:

purchased an eligible Founder Family Package during the designated pre-sale period;
purchased through Zenibee or another sales channel expressly authorized by Zenibee; and
successfully activated the Plan in accordance with these Terms.

3.2 Product-Specific Coverage

The Plan applies only to the original Product identified by its serial number or other unique identifier designated by Zenibee.

3.3 Original Owner Requirement

The Plan is valid only for the original purchaser, the original purchasing account, and the original registered Product. The Plan is non-transferable, non-assignable, and non-resellable.

3.4 Unauthorized Channels

The Plan does not apply to any Product obtained:

second-hand;
through resale;
through unauthorized sellers or retailers;
through liquidation or gray-market channels;
through rental fleets;
through institutional use channels; or
through any channel Zenibee reasonably determines is not authorized.

3.5 Proof of Eligibility

Zenibee may require proof of purchase, order number, delivery records, account information, serial number, and other documentation reasonably necessary to verify eligibility.

3.6 Right to Deny, Suspend, or Void

Zenibee may deny, suspend, terminate, or void Plan coverage or benefits if:

ownership cannot be verified;
the Product identity cannot be verified;
the Product was obtained through an unauthorized source;
the Product is no longer the originally registered Product;
the customer materially fails to comply with activation, documentation, payment, return, or destruction requirements;
fraud, abuse, misrepresentation, concealment, or tampering is reasonably suspected; or
any other material Plan condition is not satisfied.

4. Coverage Period; Activation; Effective Start

4.1 Complimentary Coverage Term

The complimentary Founder Family Package Plan term is six (6) months, unless earlier terminated, exhausted, or otherwise ended in accordance with these Terms.

4.2 Coverage Commencement

The Plan begins only after both of the following have occurred:

delivery of the Product to the customer; and
successful activation of the Plan.

4.3 Activation Requirements

To activate the Plan, the customer must, within the required activation window:

register the Product with Zenibee;
provide or confirm the Product serial number or other Product identifier;
link the Product to the customer’s account;
provide any reasonable delivery-condition verification requested by Zenibee, including photographs if requested; and
maintain a valid payment method on file solely for applicable claim service fees, authorization holds, non-return charges, or other amounts properly chargeable under these Terms.

4.4 Activation Window

Activation must be completed within fourteen (14) days after Product delivery, unless Zenibee expressly permits later activation in writing.

4.5 Waiting Period for ADH Coverage

ADH Coverage begins seven (7) days after successful activation of the Plan.

4.6 Crash Replacement Benefit Start

The Vehicle Collision Crash Replacement Benefit becomes available upon successful activation of the Plan, subject to all other Terms.

4.7 No Auto-Renewal

The complimentary Founder Edition Plan does not automatically renew.

4.8 Possible Future Paid Continuation

At or near the end of the complimentary six (6) month term, Zenibee may, but is not obligated to, offer an optional paid continuation, renewal, or extension of coverage, subject to separate pricing, eligibility criteria, Product-condition review, updated terms, and applicable law. Any such offer, if made, will be governed by the separate terms presented at that time.

5. Geographic Scope

Unless Zenibee expressly states otherwise in writing, the Plan applies only to eligible Products that are:

purchased in the United States;
delivered in the United States;
registered in the United States; and
used and claimed in the United States.

Zenibee may deny, restrict, or modify Plan benefits for claims involving international shipping addresses, cross-border relocation of the Product, use outside supported territories, or legal or operational conditions that prevent Plan administration in a particular location.

6. Covered Event Structure

For clarity, the Plan operates using three distinct buckets:

6.1 Warranty Bucket

Applies only to matters properly governed by the Zenibee Limited Warranty.

6.2 ADH Bucket

Applies to qualifying accidental non-collision damage from ordinary handling and personal use.

6.3 Vehicle Collision Bucket

Applies to qualifying motor vehicle crash or collision events under Section 9.

These buckets are distinct. A claim falling into one bucket does not automatically qualify under another bucket.

7. ADH Coverage

7.1 Scope

Subject to these Terms, ADH Coverage applies to qualifying sudden, accidental, unintentional, non-collision damage arising from ordinary, personal, non-commercial use of the Product consistent with the Product’s intended use, instructions, warnings, labels, and limitations.

Examples may include:

accidental drops;
accidental impacts during ordinary use;
travel-related non-collision mishaps;
accidental handling damage during loading, unloading, carrying, moving, or storing the Product; and
other accidental, non-intentional, non-collision events approved by Zenibee under these Terms.

Examples are illustrative only and do not guarantee coverage.

7.2 Non-Collision Only

ADH Coverage does not apply to any motor vehicle crash or collision involving the Product while in a vehicle. Those events are governed only by the Vehicle Collision Crash Replacement Benefit in Section 9.

7.3 No Safety Certification

Approval of an ADH claim does not constitute a representation that the Product remained safe before inspection, or that a damaged Product may continue to be used unless and until Zenibee expressly states so in writing.

8. ADH Claim Classification and Service Model

Zenibee will classify qualifying ADH claims based on the nature, severity, location, and safety implications of the damage, using submitted evidence, Product-specific engineering standards, documented safety criteria, return inspection if required, and Zenibee’s internal claims protocols.

8.1 Minor Damage

“Minor Damage” means localized, non-structural damage that, in Zenibee’s reasonable documented claim evaluation, does not affect the Product’s structural integrity or safety performance and can be appropriately addressed through replacement of one or more parts or components.

Examples may include certain:

wheels or tires;
handles;
canopy components;
accessories;
non-structural external parts; or
isolated functional parts not related to the restraint or safety-critical structure.

Examples are illustrative only and do not guarantee coverage.

Minor Damage service model: component-level replacement only
Minor Damage claim service fee: $39 per approved claim, unless Zenibee states otherwise in writing

8.2 Major Damage

“Major Damage” means damage that, in Zenibee’s reasonable documented claim evaluation, may affect:

structural integrity;
load-bearing components;
transformation mechanisms;
seating structure;
restraint-related components;
core system performance; or
any condition in which safe performance cannot be confidently verified.

Because the Product functions, in part, as a child restraint system, Zenibee will not perform structural repair where safety is in question.

Major Damage service model: full Product replacement only
Major Damage claim service fee: $149 per approved claim, unless Zenibee states otherwise in writing

8.3 Final Claim Outcome

After applying the evaluation process described in these Terms, Zenibee will notify the customer whether the claim is approved, denied, or reclassified.

9. Vehicle Collision Crash Replacement Benefit

9.1 Nature of Benefit

The Vehicle Collision Crash Replacement Benefit is a replacement-only Plan benefit for a Product that was involved in any motor vehicle crash or collision while in a vehicle, subject to these Terms.

This benefit is:

not a repair program;
not part of the Zenibee Limited Warranty;
not insurance; and
not an admission by Zenibee that any legal obligation to replace exists outside the Plan.

9.2 Immediate Stop-Use Requirement

If the Product has been involved in any motor vehicle crash or collision while in a vehicle, the customer must stop using the Product immediately unless Zenibee expressly instructs otherwise in writing.

The customer must not continue to use, lend, sell, donate, transfer, or place back into circulation a crash-involved Product.

9.3 Any Crash Is Eligible to Be Submitted

A claim under this Section may be submitted whenever the Product was involved in any motor vehicle crash or collision while in a vehicle, regardless of whether the customer believes the event was minor, moderate, or severe, and regardless of fault.

9.4 Eligibility Conditions

To be eligible for the Vehicle Collision Crash Replacement Benefit:

the Plan must have been active on the date of the crash or collision;
the claimant must be the original eligible purchaser;
the Product must be the registered Product;
the claim must be timely submitted;
reasonably requested supporting materials must be provided;
the applicable claim service fee must be paid; and
the crash-involved Product must be returned or destroyed, if Zenibee so requires and in accordance with Zenibee’s instructions.

9.5 Replacement Remedy

For an approved Vehicle Collision Crash Replacement claim, Zenibee will provide one replacement Product, subject to:

Product availability;
payment of the applicable claim service fee;
return or destruction requirements;
fraud review;
documentation review; and
all other Plan conditions.

Zenibee will not offer structural repair for crash-involved Products under the Plan.

9.6 Crash Claim Service Fee

The claim service fee for an approved Vehicle Collision Crash Replacement claim is $149, unless Zenibee states otherwise in writing.

9.7 Crash Claim Deadline

The customer must submit a crash claim within thirty (30) days after the crash or collision, unless Zenibee expressly approves a later submission in writing.

9.8 Required Supporting Materials

Zenibee may require information or documentation reasonably necessary to verify the claim, including:

proof of purchase or ownership;
Product serial number;
date of crash or collision;
incident description;
photographs of the Product;
photographs of vehicle damage, if available;
police report, if available;
insurance claim documentation, if available;
repair estimate, if available;
claim number or adjuster information, if available; and
other third-party documentation that reasonably supports the occurrence of a motor vehicle crash or collision.

Zenibee may accept alternative documentation in its discretion, acting reasonably and in good faith.

9.9 Injury Disclosure

As part of the crash claim process, the customer must disclose whether any vehicle occupant or other person is alleged to have sustained bodily injury in connection with the crash or collision.

9.10 Evidence Preservation / Litigation Hold

If Zenibee becomes aware of reported bodily injury, pending litigation, attorney representation, insurer investigation, governmental inquiry, or other circumstances suggesting that the Product may constitute relevant evidence, Zenibee may place the Product under an internal evidence-preservation or litigation-hold process.

During such hold, Zenibee may quarantine, preserve, store, and refrain from destroying, dismantling, or materially altering the Product for a period Zenibee reasonably determines is appropriate.

9.11 Return or Approved Field Destruction

If a crash claim is approved, Zenibee may require one of the following:

(a) Physical Return
The crash-involved Product must be returned to Zenibee in accordance with Zenibee’s instructions. Upon return, the Product becomes Zenibee’s property for inspection, safety handling, quarantine, destruction, recycling, engineering analysis, documentation, or other internal use consistent with safety, compliance, and claims administration.

(b) Approved Field Destruction
In lieu of physical return, Zenibee may, in its operational discretion, permit field destruction of the crash-involved Product. If Zenibee approves field destruction, the customer must follow Zenibee’s instructions exactly, which may include cutting harnesses or straps, permanently disabling designated structural or restraint-related components, defacing labels or serial identifiers as instructed, and submitting clear dated photographic proof of destruction together with the assigned claim reference number.

Zenibee may deny, reverse, or suspend claim approval if the customer fails to comply with required return or approved destruction instructions.

9.12 No Double Recovery

The claimant must disclose whether any insurer, third party, or other source has reimbursed, or is expected to reimburse, the same loss.

To the extent permitted by applicable law, Zenibee may deny, reduce, offset, or void a crash replacement benefit to prevent duplicate recovery for the same event.

10. General Exclusions

The Plan does not cover, and Zenibee has no obligation under the Plan for:

manufacturing defects, workmanship defects, or other warranty matters;
issues existing before activation or delivery;
pre-existing damage;
cosmetic-only damage, including stains, scuffs, scratches, abrasions, fading, ordinary wear and tear, or surface marks that do not impair covered functionality;
fabric wear, pilling, discoloration, odor, or purely aesthetic conditions;
loss or theft;
disappearance or abandonment;
intentional damage;
misuse, abuse, neglect, or improper storage;
improper installation, improper use, or use contrary to Product instructions, warnings, labels, or limitations;
overloading or use beyond intended specifications;
unauthorized repair, modification, alteration, or tampering;
use for rental, commercial, fleet, daycare, institutional, or other non-personal purposes;
damage caused by flood, fire, earthquake, war, civil unrest, or similar force majeure events, except to the limited extent Zenibee expressly chooses otherwise in writing;
damage resulting from contaminants, corrosion, infestation, mold, or hazardous substances;
claims involving missing serial numbers, altered identifiers, or unverifiable Product identity; or
any matter that Zenibee reasonably determines falls outside the intended scope of the Plan.

11. ADH-Specific Exclusions

Without limiting Section 10, ADH Coverage specifically excludes:

any motor vehicle crash or collision;
any event that Zenibee determines is actually a warranty matter;
any issue caused by progressive deterioration rather than sudden accidental damage;
any issue that cannot be reasonably verified through submitted evidence or inspection;
any event arising after Plan expiration or before the ADH waiting period ends; and
any damage Zenibee reasonably determines is materially inconsistent with the claimed incident.

12. Crash-Benefit-Specific Exclusions

Without limiting Section 10, the Vehicle Collision Crash Replacement Benefit does not apply if:

the Plan was not active on the crash or collision date;
the claim was submitted late without Zenibee’s written approval;
the claimant fails to provide reasonably requested supporting materials;
the Product cannot be matched to the claimant;
required return or approved destruction is not completed;
the Product was used outside intended use or in excluded commercial use; or
Zenibee reasonably determines the claim is fraudulent, materially misleading, unverifiable, or otherwise noncompliant with these Terms.

For clarity, severity of the crash or collision is not a basis for denial under this Section.

13. Claim Submission Procedures

To submit a claim under the Plan, the customer must follow Zenibee’s designated claims process, which may include an online portal, account interface, email address, or other channel designated by Zenibee.

The customer must:

submit the claim through the designated method;
provide all required information and supporting materials;
respond promptly to Zenibee follow-up requests;
if instructed, stop using the Product immediately;
if instructed, return or destroy the Product in accordance with Zenibee’s instructions;
pay any applicable claim service fee; and
comply with all instructions issued by Zenibee in connection with the claim.

Failure to follow claim procedures may result in delay, denial, suspension, or cancellation of the claim.

14. Claim Review and Determination

Zenibee may, in its reasonable and good-faith administration of the Plan:

review photographs, videos, and written descriptions;
request additional documentation;
request a copy of a receipt, order record, serial number, or identity verification;
request return inspection;
classify the claim into the appropriate category;
approve the claim;
deny the claim;
request clarification; or
suspend processing pending further information.

Zenibee may also consult internal engineering, compliance, quality, operations, or customer-support personnel in evaluating claims.

15. Processing Targets

Zenibee aims, but does not guarantee, to:

acknowledge receipt of a claim within 24–48 hours; and
process approved claims within 3–5 business days after all required documentation, fees, and, if applicable, return or approved destruction conditions have been satisfied.

These are service goals only and not contractual deadlines.

16. Claim Service Fees; Payment Authorization; Charges

16.1 Current Claim Service Fees

Applicable claim service fees under the Plan are currently:

$39 for approved Minor Damage ADH claims;
$149 for approved Major Damage ADH full-replacement claims; and
$149 for approved Vehicle Collision Crash Replacement claims.

16.2 Payment Method on File

The customer must maintain a valid payment method on file as a condition of activation and claim processing, solely for:

authorized claim service fees;
authorization holds;
non-return charges; or
other charges expressly permitted by these Terms.

16.3 Payment Timing

Zenibee may require payment of an applicable claim service fee before shipping replacement components or a replacement Product.

17. Replacement Before Return; Cross-Shipping; Authorization Holds

In Zenibee’s operational discretion, Zenibee may ship a replacement Product or replacement components before receiving the original Product back or before destruction requirements are completed.

If Zenibee does so, Zenibee may place a temporary authorization hold on the payment method on file in an amount up to the replacement value of the Product or components.

The hold may remain until Zenibee confirms timely return, approved destruction, and compliance with Zenibee’s instructions.

If the original Product is not returned as required, or is not destroyed as instructed where destruction was approved, Zenibee may charge the payment method on file up to the replacement value, plus any unpaid fee or other amount properly chargeable under these Terms.

18. Return Requirements

If Zenibee requires return of a Product or component in connection with a claim, the customer must:

return the item within fourteen (14) days after receiving the replacement, unless Zenibee instructs otherwise in writing;
follow Zenibee’s shipping, packaging, labeling, and carrier instructions;
stop using the returned Product once instructed; and
return all items Zenibee instructs the customer to return.

Failure to return the Product or required components on time, or failure to comply with return instructions, may result in:

denial of the claim;
cancellation of the replacement transaction;
charge of the replacement value; or
suspension or termination of Plan benefits.

19. Inspection, Quarantine, Destruction, Recycling, and Analysis

Zenibee may inspect any returned Product or component for:

claim verification;
safety review;
engineering review;
quality analysis;
fraud investigation;
regulatory documentation;
trend monitoring; or
other internal purposes.

Returned Products, especially crash-involved Products or Major Damage Products, may be quarantined, preserved under hold, destroyed, disassembled, recycled, documented, or retained for engineering or compliance analysis.

Zenibee has no obligation to return any Product or component that was returned pursuant to an approved claim.

20. Claim Limits and Plan Exhaustion

20.1 One Full Replacement Event Maximum

During the coverage period, the Plan provides a maximum of one (1) full Product replacement event.

A “full Product replacement event” includes:

a Major Damage ADH claim resulting in full replacement; or
a Vehicle Collision Crash Replacement claim resulting in full replacement.

Once one full Product replacement event has been approved and fulfilled, Zenibee’s full replacement obligation under the Plan is exhausted.

20.2 Minor Claims

Minor component claims may be permitted at Zenibee’s discretion, acting reasonably and in good faith, taking into account:

claim timing;
prior claims;
remaining coverage term;
fraud and abuse indicators; and
overall Plan administration considerations.

20.3 No Unlimited Parts Coverage

Nothing in this Plan provides unlimited component replacement, unlimited claims, or open-ended service rights.

21. Replacement Availability; Updated Compliance Models

Replacement Products and replacement components are subject to availability.

If the original Product or component is unavailable, Zenibee may provide:

the same model;
an equivalent model;
a comparable substitute; or
an updated Product of equal or greater functionality.

Any replacement Product may differ from the original model, features, labeling, instructions, configuration, or compliance details as reasonably necessary to comply with updated federal, state, or other applicable safety, testing, certification, registration, or labeling requirements at the time of fulfillment.

Zenibee is not obligated to provide an identical colorway, cosmetic finish, accessory set, or packaging configuration.

22. Promotional Nature of the Plan; No Cash Value; Underlying Purchase Cancellation

When included with the Founder Family Package, Zenibee Care is a complimentary promotional benefit included with the eligible purchase and offered at no separate upfront purchase price.

Except as required by applicable law:

the Plan has no standalone cash redemption value;
the Plan is non-transferable;
the Plan is non-redeemable for cash; and
the Plan is not separately refundable apart from the underlying purchase.

If the underlying Product purchase is refunded, returned, canceled, charged back, reversed, or otherwise rescinded, the Plan automatically terminates.

To the extent required by applicable law, Zenibee will honor any cancellation or refund rights that cannot lawfully be waived.

If a claim is submitted after a refund request, chargeback, or order cancellation, Zenibee may suspend or deny the claim.

23. Fraud, Abuse, Misrepresentation, and Plan Misuse

Zenibee may deny claims, suspend claim processing, terminate coverage, block accounts, or pursue other remedies where Zenibee determines, based on reasonably available information, that fraud, abuse, misuse, or material misrepresentation has occurred.

Prohibited conduct includes, without limitation:

false or exaggerated claims;
fabricated incident descriptions;
manipulated photographs, videos, or documents;
duplicate claims for the same event;
concealment of reimbursement from another source for the same loss;
attempted retention of both the replacement and the original Product where return or destruction is required;
serial-number tampering;
use of the Plan for commercial fleets or resale channels;
repeated abusive claim behavior; or
any other conduct Zenibee reasonably determines is inconsistent with the intended purpose of the Plan.

24. Customer Responsibilities

The customer is responsible for:

reading and following all Product instructions and warnings;
installing, using, maintaining, and storing the Product correctly;
stopping use where damage or collision may affect safety;
promptly submitting claims with truthful and complete information;
preserving reasonable evidence of the event;
cooperating with Zenibee’s review;
paying applicable claim service fees;
returning or destroying Products when required; and
using the Plan only for its intended purpose.

25. LIMITATION OF REMEDIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENIBEE’S OBLIGATIONS UNDER THIS PLAN ARE LIMITED TO THE SPECIFIC REMEDIES EXPRESSLY STATED IN THESE TERMS, NAMELY: (A) COMPONENT REPLACEMENT FOR APPROVED MINOR DAMAGE ADH CLAIMS; OR (B) REPLACEMENT PRODUCT FULFILLMENT FOR APPROVED FULL-REPLACEMENT CLAIMS.

ZENIBEE IS NOT OBLIGATED UNDER THE PLAN TO PROVIDE REFUNDS, CASH PAYMENTS, THIRD-PARTY REPAIR REIMBURSEMENTS, LOANER PRODUCTS, EXPEDITED SHIPPING, TRAVEL COMPENSATION, INSTALLATION SERVICES, OR ANY REMEDY NOT EXPRESSLY STATED IN THESE TERMS.

26. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENIBEE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THIS PLAN FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ENHANCED, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, LOSS OF TIME, LOSS OF OPPORTUNITY, TRAVEL EXPENSES, SUBSTITUTE PRODUCT COSTS, OR OTHER LOSSES BEYOND THE SPECIFIC CONTRACTUAL PLAN REMEDIES EXPRESSLY PROVIDED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZENIBEE’S TOTAL LIABILITY UNDER THIS PLAN SHALL NOT EXCEED THE REPLACEMENT VALUE OF THE PRODUCT COVERED BY THE PLAN.

NOTHING IN THIS SECTION EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

27. Disclaimer Regarding Safety Determinations

Any claim review, Product inspection, replacement, denial, classification, or communication under the Plan is provided for Plan administration purposes only and does not constitute:

legal advice;
engineering certification for continued use;
a representation that any damaged Product remains safe unless Zenibee expressly says so in writing; or
a waiver of any warning, instruction, or Product limitation.

If safety is ever in doubt, Zenibee may require replacement rather than repair.

28. Data and Privacy

In administering the Plan, Zenibee may collect, review, store, and process information provided by the customer, including claim details, photographs, videos, shipping records, crash documentation, and related materials.

The customer represents that the customer has the right to provide any submitted materials.

Zenibee will process claim information in accordance with its applicable privacy practices and may use such information for claim administration, customer support, fraud prevention, safety review, quality analysis, legal compliance, and internal business operations.

Customers should avoid submitting unnecessary sensitive personal information unless specifically requested by Zenibee.

29. Communications

Zenibee may communicate with the customer regarding the Plan, activation, claims, returns, fees, and determinations through email, account notifications, website or portal messaging, SMS or phone where permitted and provided, or other reasonable channels.

The customer is responsible for keeping contact information current.

30. Modifications to the Plan Terms

Zenibee may update or modify these Terms prospectively at any time, subject to applicable law.

Any modification will not retroactively reduce benefits for a claim already approved before the modification date unless required by law, necessary for safety or regulatory compliance, or agreed by the customer.

Zenibee may also discontinue offering the Plan for future purchases at any time.

31. Termination

Zenibee may terminate or suspend the Plan or a customer’s participation in the Plan if:

the customer materially breaches these Terms;
the customer engages in fraud, abuse, or misuse;
the Product or account is no longer eligible;
the underlying purchase is refunded, canceled, or charged back;
required fees are not paid;
required returns or destruction are not completed; or
termination is otherwise permitted by law.

Termination does not affect Zenibee’s right to recover unpaid amounts, returned-property issues, or investigate prior claims.

32. Governing Law; Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

32.1 Informal Resolution First

Before filing a lawsuit or starting arbitration, you and Zenibee agree to first try to resolve any dispute informally.

If you have a dispute, you must send written notice to Zenibee at hello@zenibee.com and 100 N Howard St. #7069, Spokane, WA 99201, describing the nature of the dispute and the relief you seek. If Zenibee has a dispute with you, Zenibee will send a similar notice to the contact information associated with your order, account, claim, or Plan registration.

If your dispute concerns a claim determination, claim classification, or benefit decision under the Plan, you may first use the internal review process described in Section 2.4. Use of that internal review process does not prevent either party from later invoking this Section 32, except to the extent applicable law requires otherwise.

If the dispute is not resolved within thirty (30) days after notice is received, either party may begin arbitration or, if eligible, bring an individual action in small claims court.

32.2 Agreement to Arbitrate

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND ZENIBEE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE PLAN, THE PRODUCT, ANY CLAIM SUBMITTED UNDER THE PLAN, ANY CLAIM DETERMINATION, CLASSIFICATION, APPROVAL, DENIAL, OR BENEFIT DECISION UNDER THE PLAN, THESE TERMS, ANY ALLEGED BREACH OF THESE TERMS, THE ELIGIBLE FOUNDER FAMILY PACKAGE PURCHASE TO THE EXTENT NECESSARY TO RESOLVE THE PLAN DISPUTE, OR ANY RELATED RELATIONSHIP BETWEEN YOU AND ZENIBEE, WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT.

This arbitration agreement is governed by the Federal Arbitration Act.

32.3 Arbitration Administrator and Rules

The arbitration shall be administered by the American Arbitration Association (“AAA”) under its applicable consumer arbitration rules then in effect, except as modified by these Terms.

If AAA is unavailable or unwilling to administer the arbitration, the parties shall confer in good faith to select another nationally recognized arbitration administrator. If the parties cannot agree, a court of competent jurisdiction may appoint the arbitration administrator.

32.4 Arbitration Procedure

Unless otherwise required by applicable law or the administrator’s rules:

(a) the arbitration may be conducted remotely, by submission of documents, by telephone, by video conference, or in person, as determined by the arbitrator;
(b) the arbitration shall be conducted by a single neutral arbitrator;
(c) the arbitrator shall have authority to award any individual remedy available under applicable law, subject to these Terms; and
(d) the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

32.5 Small Claims Court Option

Either party may bring an individual claim in small claims court instead of arbitration if the claim qualifies and remains on an individual basis.

32.6 Individual Claims Only; No Class Actions or Mass Actions

YOU AND ZENIBEE AGREE THAT ALL DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLAIMANT, CLASS REPRESENTATIVE, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE, CONSOLIDATED, COLLECTIVE, OR MASS PROCEEDING.

YOU AND ZENIBEE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, MASS ACTION, OR CLASS-WIDE, COLLECTIVE, REPRESENTATIVE, OR MASS ARBITRATION.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative, collective, class, or mass proceeding.

32.7 Jury Trial Waiver

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ZENIBEE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL, TO THE FULLEST EXTENT PERMITTED BY LAW.

32.8 Fees

Payment of filing, administration, and arbitrator fees shall be governed by the arbitration administrator’s applicable consumer rules and applicable law.

32.9 Injunctive or Equitable Relief

Nothing in these Terms prevents either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction when necessary to protect rights pending completion of arbitration, including relief relating to intellectual property, confidentiality, fraud prevention, misuse, evidence preservation, or unauthorized transfer, abuse, or misuse of Plan rights, Product rights, or account rights.

32.10 Severability of Arbitration Provision

If any part of this Section 32 is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction only to the extent necessary, and the remainder of this Section 32 shall remain enforceable.

If the class action waiver in Section 32.6 or the prohibition on class, collective, representative, or mass arbitration in Section 32.6 is found unenforceable as to a particular dispute, then those portions shall be deemed severed, and such dispute shall proceed in a court of competent jurisdiction, not in arbitration, but only to the extent required by that ruling.

32.11 Governing Law

Except to the extent preempted by federal law, including the Federal Arbitration Act, these Terms and any dispute arising out of or relating to them will be governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except that any state-law consumer protection rights that cannot be waived or displaced will remain applicable as required by law.

33. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

If any provision conflicts with non-waivable applicable law, that provision shall be modified and applied only to the minimum extent necessary to comply with such law.

34. Entire Agreement for the Plan

These Terms constitute the entire agreement governing the Plan, except that the Zenibee Limited Warranty, Product instructions, website terms, purchase terms, pre-sale terms, and privacy policy may also apply to related issues outside the specific scope of this Plan.

Where a conflict exists:

warranty issues are governed by the Zenibee Limited Warranty;
Plan issues are governed by these Terms; and
Product safety warnings and instructions must always be followed.

35. Contact Information

Zenibee Inc.
100 N Howard St. #7069, Spokane, WA 99201
Customer Support Email: hello@zenibee.com
https://zenibee.com">Zenibee.com