HOW DO I RESOLVE DISPUTES WITH SAMSUNG?

At Samsung, nothing matters more to us than the relationships we’ve built with our valued customers.  If you have any questions or concerns, we’re always ready to serve you online at Samsung.com/us with round-the-clock chat, and on Facebook and Twitter.  You can also reach us by phone at 1-800-SAMSUNG.  In the unlikely event that you experience an issue that cannot be resolved through Samsung Support US, Samsung, and its customers agree to the dispute resolution process set forth below.  This agreement is designed to help Samsung and its customers personally discuss any concerns and resolve them fairly and efficiently.

If, however, a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference if requested), Samsung and its customers agree to address the dispute through binding individual arbitration (unless customers timely opt out) or in small claims court where the customers reside.  Class and representative proceedings are not allowed.  In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision.  An arbitrator applies the same law and can award the same individual remedies as a court.  The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

Samsung is committed to addressing any customer concerns, whatever the issues might be.

DISPUTE RESOLUTION AGREEMENT (INCLUDING MANDATORY INFORMAL DISPUTE RESOLUTION AND ARBITRATION TERMS AND LIMITED 30-DAY OPT-OUT OF ARBITRATION)

This is a binding legal agreement (“Agreement”) between You and Samsung Electronics America, Inc. and its past, present, and future parents, subsidiaries, affiliates, and related entities (both domestic and foreign), as well as all of their respective officers, agents, employees, representatives, predecessors in interest, successors, and assigns (“Samsung”).  Please review the Agreement carefully.  It affects Your rights.  Electronic acceptance of the Agreement, opening the Product packaging, use of the Product, or continued possession of the Product constitutes acceptance of this Agreement regardless of whether You are the original purchaser, user, or other recipient of the Product.  You agree that all users or other recipients of the Product are subject to and agree to be bound by the Agreement.  If You are the parent or guardian of a minor user or recipient of the Product, You agree to the Agreement on their behalf.  You may elect to opt out of arbitration within thirty (30) days of Your purchase or first activation (including activation of the Product by someone on Your behalf) of the Product, as set forth in Section 7 below.  In the event of a conflict between the Agreement and any other applicable terms with Samsung, the Agreement shall govern.

EXCEPT AS PROVIDED IN SECTIONS 3 AND 4 BELOW, THIS AGREEMENT REQUIRES THE PARTIES TO RESOLVE DISPUTES THAT CAN NOT BE RESOLVED INFORMALLY ONLY IN SMALL CLAIMS COURT OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN THROUGH A JURY TRIAL OR CLASS ACTION. DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT.

“Product” shall be interpreted broadly to include both hardware and software on any Samsung branded device.  This includes software, services, and applications that are created or distributed by Samsung (“Samsung Software”) as well as any third-party software, services, and applications that are pre-loaded onto the Samsung-branded device.

Except as set forth in Section 4 below, “Dispute” shall be interpreted broadly to cover any claim or controversy arising out of or relating in any way whatsoever to (i) the relationship between You and Samsung; (ii) the advertising, marketing, sale, condition, or performance of the Product; (iii) the Terms and Conditions relating to the Product—including, but not limited to, the End User License Agreement, Standard Limited Warranty, and privacy policies and notices and (iv) claims that are currently the subject of a purported class action in which You are not a member of a certified class.  Dispute shall encompass any claim or controversy that arose before the Agreement or after termination.

“Party” shall be interpreted to refer to You and Samsung individually, and “Parties” shall refer to You and Samsung collectively.

1. Mandatory Informal Dispute Resolution Procedure

If You or Samsung intend to initiate an arbitration or small claims court proceeding, You or Samsung must first send a fully completed notice of the Dispute (the “Notice”) to the other Party.  The Notice must include (i) the claimant’s name and contact information (email address, mailing/physical address, and telephone number); (ii) a description of the nature and basis of the Dispute; (iii) the specific Product or account at issue; and (iv) the nature, amount, and basis of the relief sought with a detailed calculation of it. The Notice must be personally signed by You (if You are sending the Notice) or by a Samsung representative (if Samsung is sending the Notice) even if You or Samsung are represented by counsel.  Your Notice shall be sent by email to [email protected].  Samsung’s Notice shall be sent to the email or physical address it has on file for You.

Once the Notice is received by the other Party, You and Samsung agree to participate and negotiate (personally and, if You and Samsung are represented, with counsel) in good faith about the Dispute for sixty (60) days.  This personal participation includes a telephone settlement conference between You and Samsung if it is requested by the Party that receives the Notice.

If the Dispute is not resolved within sixty (60) days after receipt of the Notice (or a longer period agreed to by the Parties), You or Samsung may initiate an arbitration or a small claims court proceeding in accordance with the Agreement.

Neither Party to this Agreement may initiate an arbitration or a small claims court proceeding unless that Party has fully complied with this Section 1.  If either Party violates this Section 1, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, the American Arbitration Association (“AAA”), Judicial Arbitration and Mediation Services (“JAMS”), or an alternate arbitration administrator (as set forth below), shall neither accept nor administer such arbitration nor assess Arbitration Fees (as defined below) in connection with such arbitration.  A Party may elect to raise, and seek monetary relief in connection with, non-compliance with this Section 1 in arbitration or small claims court.

Any relevant limitations period and filing fee or other deadlines will be tolled during the sixty (60) day Mandatory Informal Dispute Resolution Procedure unless that period is extended by agreement of the Parties.

2. Class Action Waiver and Individual Relief

You and Samsung agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff or claimant, or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.  This means that You and Samsung may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent of a minor, a guardian, or in other similar capacity for an individual who cannot otherwise bring their own individual claim.  Nothing in this Section 2 prevents You or Samsung from participating in a class-wide settlement.

The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim.  Further, unless You and Samsung agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.  If any prohibition in this Class Action Waiver and Individual Relief provision is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.

3. Small Claims

If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure in Section 1, You and Samsung agree that either Party may elect to have the Dispute heard in small claims court in the county or parish in which You reside seeking only individualized relief so long as the Dispute falls within the jurisdictional limits of that court and the matter remains in that court and is not removed or appealed to a court of general jurisdiction.

4. Mutual Arbitration Agreement

If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure and neither Party elects to have the Dispute heard in small claims court, You and Samsung agree that the Dispute will be resolved through binding individual arbitration, except that a court of competent jurisdiction shall have exclusive jurisdiction over the following:

• Any Dispute relating to the infringement or other misuse of intellectual property rights;
  
  
• Any Dispute relating to the formation, scope, validity, and enforceability of this Agreement;
  
  
• Any disagreement over whether a Dispute falls within the jurisdictional limits of a small claims court;
  
  
• Any Dispute that exclusively seeks declaratory or injunctive relief; and
  
  
• Any proceeding to (i) enforce the prohibition on class, collective, representative, private attorney-general, or consolidated actions or proceedings, (ii) enjoin the filing and prosecution of arbitration demands or small claims court proceedings to enforce Sections 1 and 5 of this Agreement or (iii) adjudicate a Dispute over whether You have effectively opted out of arbitration as set forth in Sections 5 and 7 or to adjudicate a Dispute that has been opted out.

The arbitration will be administered by the AAA and heard by a single, neutral arbitrator.  Except as modified by this Agreement, the AAA will administer the arbitration in accordance with their rules applicable to the nature of the Dispute (the “AAA Rules”).  The AAA Rules are available at https://www.adr.org/Rules.  If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties agree that the arbitration will be administered by JAMS and heard by a single, neutral arbitrator.  Except as modified by this Agreement, JAMS will administer the arbitration in accordance with the AAA Rules.  If JAMS is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (except as modified by this Agreement).  If the Parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AAA Rules (except as modified by this Agreement).

A Party seeking to initiate arbitration must provide the other Party with a written Demand for Arbitration as specified in the AAA Rules.  The Demand for Arbitration must be personally signed by the Party initiating arbitration (and their counsel if they are represented).  By signing the Demand for Arbitration, a Party (and their counsel if they are represented) certifies that they have complied with (i) the Mandatory Informal Dispute Resolution Procedure and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims or the relief sought are neither frivolous nor brought for an improper purpose.  The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

You and Samsung each have the right to request a telephone preliminary management hearing after the appointment of the arbitrator or other hearing consistent with AAA Rules.  If a preliminary management hearing or other hearing is held, You and a Samsung representative agree to personally attend (with counsel, if You and Samsung are represented) if requested by You or Samsung and ordered by the arbitrator.  If such a request is made of, and ordered by, the arbitrator and a Party fails to personally attend the preliminary management hearing or other hearing and is represented by counsel, the arbitrator shall have the authority to issue sanctions, including, but not limited to, reimbursement of the fees imposed by the arbitration administrator (including any filing fees, case management fees, hearing fees, and arbitrator compensation) (“Arbitration Fees”) paid by the other Party as of the date of the hearing.  If a Party seeks to withdraw a Demand for Arbitration after the appointment of the arbitrator but before a preliminary management hearing or other hearing (and the Dispute has not been settled or otherwise resolved by agreement), and the Party is represented by counsel, the arbitrator shall retain authority to consider any request by the other Party for reimbursement of the Arbitration Fees paid as of the date of the withdrawal.

The arbitrator shall issue a reasoned written award sufficient to explain the essential findings and conclusions on which the award is based.  The arbitrator’s award shall not be given preclusive effect or be binding in any other proceeding involving different consumers.  The arbitrator will apply and be bound by this Agreement as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record and no other basis.  An arbitrator’s award that has been fully satisfied shall not be entered in any court.

Any arbitration hearing will be conducted in the county or parish where You reside or at another location that is reasonably convenient to You.

5. Mass Arbitrations

If more than fifty (50) claimants (including You) assert similar claims against Samsung through the same or coordinated counsel or are otherwise coordinated (“Mass Arbitrations”), You understand and agree that the additional procedures in this Section 5 apply and that the resolution of Your Dispute might be delayed.

Stage One.  Counsel for the claimants and counsel for Samsung shall each select twenty-five (25) claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process.  Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process.  After this initial set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.

Stage Two.  If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Samsung shall each select fifty (50) claims to be filed (per side) and to proceed in individual arbitration proceedings as part of a second staged process.  The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process.  After this second set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.

Stage Three.  If the remaining claims are not resolved, the Parties shall meet and confer to discuss potential ways to streamline the proceedings, increase efficiencies, and conserve costs.  Unless the Parties agree otherwise, counsel for the claimants and counsel for Samsung shall each select seventy-five (75) claims (per side) to be filed and to proceed in individual arbitration proceedings as part of a third staged process.  The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process.  After this third set of staged proceedings, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.

In connection with each stage set forth above (i) each of the claims within that stage shall be assigned to a different, single arbitrator and (ii) each arbitrator shall aim to issue their award within one hundred twenty (120) days after their appointment.

If Your claim is not resolved after the three sets of staged proceedings and related mediations, either:

(i) You and Samsung may, separately or by agreement, opt out of arbitration and elect to have Your claim heard in a court of competent jurisdiction consistent with this Agreement.  You may opt out of arbitration by providing Your individual written notice of Your intention to opt out to the arbitration administrator and to Samsung at [email protected] within thirty (30) days after the conclusion of the third mediation.  Your written notice must be personally signed by You.  Samsung may opt Your claim out of arbitration by sending written notice of its intention to opt out to the AAA (or, if the AAA is not administering the arbitration, then to the alternative provider that is administering the arbitration) and to Your counsel within fourteen (14) days following the expiration of Your thirty (30) day opt-out period.  Samsung’s written notice must be personally signed by a Samsung representative.  Counsel for the Parties may agree to adjust these deadlines.

OR

(ii) If neither You nor Samsung elects to have Your claim heard in court consistent with (i), then You agree that Your claim will be resolved through additional staged proceedings as set forth below. Assuming the number of claims exceeds two hundred (200) claims, then two hundred (200) claims shall be randomly selected (or selected through a process agreed to by counsel for the Parties) to proceed in individual arbitration proceedings as part of a staged process.  If the number of claims is fewer than two hundred (200), all of those claims shall proceed in individual arbitration proceedings.  Each of these two hundred (200) claims (or fewer if the total number of claims is less than 200) shall be assigned to a different, single arbitrator.  Each arbitrator shall aim to issue their award within one hundred twenty (120) days after appointment. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process.  After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters.  Counsel for the Parties are encouraged to meet and confer, participate in mediation, and engage with each other and the arbitration administrator to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.

Unless the Parties agree otherwise, an arbitrator may not be appointed to cases in consecutive sets of staged proceedings.  An arbitrator may be appointed to cases in non-consecutive sets of staged proceedings.  You and Samsung agree that the Parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either Party may negotiate with the arbitration administrator for reduced Arbitration Fees and for streamlined or other procedures designed to reduce costs and increase the efficiency of arbitration.

Any relevant limitations period and filing fee or other deadlines shall be tolled for claims subject to these additional procedures that apply to Mass Arbitrations from the time that the first cases are selected for a staged process until the time Your claim is selected for a staged process, withdrawn, otherwise resolved, or opted out of arbitration.

You and Samsung agree to engage in the process in good faith. A court of competent jurisdiction shall have the authority to enforce this Mass Arbitration provision and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of Arbitration Fees.

6. Arbitration Fees

All Arbitration Fees shall be determined by the AAA Rules as modified by this Agreement. If Your Dispute is for less than $5,000 and is not part of a Mass Arbitration as set forth in Section 5 above, then Samsung shall reimburse Your portion of the Arbitration Fees unless an arbitrator determines that Your Dispute was frivolous, brought for harassment, or an illegitimate or improper purpose, brought in bad faith, or brought without material compliance with the requirements set forth in this Agreement.

7. Opt Out

You may opt out of arbitration by providing written notice to Samsung personally signed by You no later than thirty (30) calendar days from the date of Your purchase or the first activation (including activation of the Product by someone on Your behalf) of the Product.  To opt out, You must send notice by email to [email protected], with the subject line: “Arbitration Opt Out.”  You must include in the opt-out: (i) Your name and address; (ii) the date on which the Product was purchased (or if You did not purchase the Product, then the date that You first began using the Product or that You received the Product); (iii) the Product model name or model number; and (iv) the IMEI or MEID or Serial Number, as applicable, if You have it (the IMEI or MEID or Serial Number can be found (a) on the Product box; (b) on the Product information screen, which can be found under “Settings”; (c) on the label on the back of the Product beneath the battery if the battery is removable; and (d) on the outside of the Product if the battery is not removable).

Opting out of arbitration will not affect in any way the benefits to which You would otherwise be entitled, including the benefits of the Standard Limited Warranty.

8. Changes

Samsung reserves the right to change this Agreement and shall provide notice of material changes in a form chosen at Samsung’s discretion.  You agree that such notice is sufficient.  If Samsung changes this Agreement after the date You first accepted it (or accepted any subsequent changes to the Agreement), You agree that Your continued use of the Product, services, application, or software after notice of such changes will be deemed acceptance of those changes.  If You do not agree to such changes, You may reject any such changes within thirty (30) days of the date such changes became effective by sending written notice personally signed by You by email to [email protected], with the subject line: “Dispute Resolution Change Opt Out.”  You must include in the opt-out email: (i) Your name and address; and (ii) Your intent to reject changes to this Agreement.  By rejecting changes, You are agreeing that You will resolve any Dispute between You and Samsung in accordance with the provisions of this Agreement as of the date You first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).

9. Severability

Except as otherwise provided in this Agreement, if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible.  The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.

10. Applicable Law, Venue, and Jury Trial Waiver

You and Samsung agree that this Agreement evidences a transaction in interstate commerce and therefore the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies.  You and Samsung agree that to the fullest extent permitted by law, the state and federal courts of New York County, New York shall have exclusive jurisdiction over any claims (except for claims heard in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the Agreement or any of its provisions.  You and Samsung consent to the jurisdiction of those courts and waive any objection as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.  To the fullest extent permitted by law, You and Samsung agree to waive the right to a jury trial.

11. Survival

This Agreement shall survive termination of the Terms and Conditions of the Product, Your relationship with Samsung, and Your use of the Product.

What is covered and for how long?

"SAMSUNG ELECTRONICS AMERICA, INC." warrants to the original consumer purchaser that the product identified in the chart below (“Product”) is free from defects in material and workmanship under normal use and service for the warranty period. This limited warranty does not extend to dealers, resellers, or retailers or to used products (other than Samsung-certified pre-owned or renewed devices that carry Samsung’s Standard Limited Warranty) that are resold to a consumer by a dealer, reseller, or retailer.  The warranty period commences upon the date of delivery to the original consumer purchaser or, in the case of a device, upon the date of initial set-up and activation (whichever occurs first) and continuing for the following specified period of time after that date:

What is not covered?

This Standard Limited Warranty is conditioned upon proper use of the Product. This Standard Limited Warranty does not cover:

(a) Defects or damage caused by accident, misuse, abnormal use, abnormal conditions, improper storage,  neglect, or unusual physical, electrical or electromechanical stress;

(b) Defects or damage caused by exposure to liquid, moisture, dampness, weather conditions, sand, dust, or dirt that is inconsistent with the specifications and instructions applicable to the Product according to the user manual and the applicable terms and conditions;

(c) Scratches, dents, and cosmetic damage;

(d) Defects or damage caused by pressing on a touch screen with excessive force or with an object not approved  by Samsung for use on the Product’s touch screen;

(e) Equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered, or made illegible;

(f) Ordinary wear and tear;

(g) Defects or damage caused by the use of accessories, products, or ancillary/peripheral equipment not furnished or approved by Samsung;

(h) Defects or damage caused by improper testing, operation, maintenance, software, installation, repair service or parts, or adjustment not furnished or approved by Samsung;

(i) Defects or damage caused by a user’s bypassing security controls to gain unauthorized root access or by rooting devices with unauthorized or altered operating system software installed by a user or third party;

(j) Defects or damage resulting from external causes such as collision with an object, fire, flooding,  windstorm, lightning, earthquake, theft, blown fuse, or improper use of any electrical source;

(k) Defects or damage caused by cellular signal reception or transmission, or viruses or other software problems introduced into the Product; or

(l) Product purchased or intended for use and sale outside the United States. This Standard Limited Warranty covers batteries only if battery capacity falls below 80% of rated capacity or if the battery leaks. For batteries that fall below 80% of rated capacity or that leak, this Standard Limited Warranty does not cover any battery if the diminished battery capacity or leak is caused by:

(i) The use of a third-party battery charger which does not meet Samsung’s specifications or has not been specifically approved by Samsung for charging the battery;

(ii) Tampering, as evidenced by, for example, a broken seal or seals on the battery;

(iii) The use of the battery in equipment other than the Samsung device for which it is specified;

(iv) The battery was subjected to external forces beyond normal use; or

(v) Battery repair not furnished or approved by Samsung.

If the Product has any non-warranted damage, after-market modifications or out-of-specification, or non-approved parts that impair Samsung’s ability to evaluate whether damage or defects are covered by the warranty or Samsung’s ability to make an in-warranty repair (e.g., a cracked screen that must first be removed), then Samsung will notify you and you will have the following options:

(i) You may have Samsung return the Product to you at your cost and, at your option, resubmit the Product for warranty evaluation of in-warranty repair after the impairing condition has been repaired, corrected, or reversed; or

(ii) You may have Samsung repair, correct, or reverse the impairing condition at your cost, prior to Samsung’s provision of such warranty evaluation or in-warranty repair.  Samsung will not make any warranty determinations or repairs until the impairing condition has been repaired, corrected, or reversed. 

Under no circumstances will Samsung be obligated to maintain, restore, or repair any after-market changes to the Product’s hardware or software.

What are Samsung’s obligations?

During the applicable warranty period, provided the Product is returned to Samsung in accordance with the terms of this Standard Limited Warranty and exhibits an in-warranty defect, Samsung will, at Samsung’s sole option, either repair the in-warranty defect without charge, subject to the conditions above or replace the Product without charge. Samsung may, at Samsung’s sole option, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned, or new Product. All repaired/replaced Products will be covered by the terms of Samsung’s Standard Limited Warranty for a period equal to the remainder of the original Standard Limited Warranty on the original Product or for ninety (90) days, whichever is longer. 

All replaced Products, parts, components, boards, and equipment shall become the property of Samsung. Except to any extent required by applicable law, transfer or assignment of this Standard Limited Warranty is prohibited.

During the applicable warranty period, provided the Product is returned in accordance with the terms of this Standard Limited Warranty, Samsung will repair or replace the Product, at Samsung’s sole option, without charge. Samsung may, at Samsung’s sole option, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned, or new Product.

Repaired/replaced cases, pouches, and holsters will be warranted for a period of ninety (90) days. All other repaired/replaced Products will be warranted for a period equal to the remainder of the original Standard Limited Warranty on the original Product or for ninety (90) days, whichever is longer. All replaced Products, parts, components, boards, and equipment shall become the property of Samsung. Except to any extent expressly allowed by applicable law, transfer or assignment of this Standard Limited Warranty is prohibited.

What must you do to obtain warranty service?

To obtain service under this Standard Limited Warranty, you must utilize one of Samsung’s authorized Walk-In, Mobile, or Mail-In service options. Devices must be presented for repair with, or accompanied by, the sales receipt or comparable proof of purchase showing the original date of purchase by the original consumer purchaser, the serial number of the Product, and the seller’s name and address.

To obtain information on Samsung’s authorized Walk-In, Mobile, or Mail-In service options, please visit samsung.com/service or call Samsung Customer Care at 1-800-SAMSUNG (726-7864). If Samsung determines that any Product is not covered by this Standard Limited Warranty, you must pay all parts, shipping, and labor charges for the repair or return of such Product.

You should keep a separate backup copy of any contents of the Product before delivering the Product to Samsung for warranty service, as some or all of the contents may be deleted or reformatted during the course of warranty service.

Precautions for transfer and disposal

If data stored on this device is deleted or reformatted using the standard methods, the data only appears to be removed on a superficial level, and it may be possible for someone to retrieve and reuse the data by means of special software.

To avoid unintended information leaks, the dissemination or disclosure of data and/or information you may wish to keep private, and related problems, you should delete all user content and data and return the product to default settings prior to submitting the device for warranty service, or that you have an Extended File System (EFS) Clear performed, which will eliminate all user content and data and return the device to default settings. Please contact Samsung Customer Care at 1-800-SAMSUNG (726-7864) for details.

What are the limits on Samsung’s liability?

THIS STANDARD LIMITED WARRANTY SETS OUT THE FULL EXTENT OF SAMSUNG’S RESPONSIBILITIES AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS.

ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS, OR SAVINGS; INCONVENIENCE; LOSS, CORRUPTION, OR DISCLOSURE OF DATA OR INFORMATION THAT OCCURS DURING THE WARRANTY PROCESS; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.

NOTHING CONTAINED IN THE USER MANUAL OR ANY OTHER DOCUMENT SHALL BE CONSTRUED TO CREATE AN EXPRESS WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCT. NO AGENT, EMPLOYEE, DEALER, REPRESENTATIVE OR RESELLER IS AUTHORIZED TO MODIFY OR EXTEND THIS STANDARD LIMITED WARRANTY OR TO MAKE BINDING REPRESENTATIONS OR CLAIMS, WHETHER IN ADVERTISING, PRESENTATIONS OR OTHERWISE, ON BEHALF OF SAMSUNG REGARDING THE PRODUCTS OR THIS STANDARD LIMITED WARRANTY.

THIS STANDARD LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Severability

If any portion of this Standard Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Standard Limited Warranty.

You may not reproduce any content in whole or in part without Samsung’s prior written approval, except for Your own personal use. 

Important Legal Information

By using this device or any other Samsung Product, including but not limited to wearable devices, accessories, mobile phones, and tablets running on the Android or other Samsung operating system ("Product"), you accept the terms of this End User License Agreement ("EULA"). The EULA is a binding legal agreement between you and Samsung, including its Applicable Law and Arbitration Agreement. If you do not accept the terms of this EULA, do not use the Product or the Samsung Software.

The full End User License Agreement (EULA) is also available on the device, in the Samsung legal section of Settings. The location depends on the device, and is usually in the “About device” or “About phone” or “About tablet” section, for example:

• Settings ➔ About phone or About device or About tablet ➔ Legal information ➔ Samsung legal
  
  
• Or, use the Search feature to search for “Legal”.

You can also access the EULA online at www.samsung.com/us/support/legal/mobile. You may also contact us at:

Samsung Electronics America, Inc.
85 Challenger Road, Ridgefield Park, New Jersey 07660
Phone: 1-800-SAMSUNG (726-7864) 

© 2023 Samsung Electronics America, Inc. Samsung is a registered trademark of Samsung Electronics Co., Ltd.

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Samsung Electronics Co., Ltd. (“Samsung”, “we”, “us”) for software, whether pre-installed or downloaded, owned by Samsung and/or its affiliated companies and its third party suppliers and licensors. This EULA, includes software, associated media, content, data, printed materials, and electronic documentation in connection with your use of the Samsung Product, which will be defined below (“Samsung Software”).

If you are under the age of 13, you may not license or use this software. If you are a Minor 13 or older but younger than 18 (“Minor”), you represent that you have reviewed this EULA with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of this EULA. If you are a parent or guardian permitting a Minor to use the Product, you agree to:

(i) supervise the Minor's use of the Product;

(ii) assume all risks associated with the Minor's use of the Product,

(iii) assume any liability resulting from the Minor's use of the Product,

(iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and

(v) assume responsibility and are bound by this EULA for the Minor's access and use of the Product.

1. Intellectual Property

All Intellectual Property, as defined below, owned by Samsung or relating to the Product, is proprietary to Samsung and protected under federal laws, state laws, and international treaty provisions. Intellectual Property includes but is not limited to, inventions (patentable or un-patentable), patents, trade secrets, copyrights, software, computer programs, accessories, parts, and related documentation, and other works of authorship.

You may not infringe or otherwise violate the rights secured by the Intellectual Property. Moreover, you agree that you will not (and will not attempt to) modify, prepare derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to create source code from the software. No title to or ownership in the Intellectual Property is transferred to you. All applicable rights of the Intellectual Property shall remain with Samsung.

2. Open source software

Some software components of this Product, incorporate source code covered under open source licenses. To obtain the source code covered under the open-source licenses, please visit: http://opensource.samsung.com

Samsung is not liable for performance issues or incompatibilities caused by your editing of registry settings, or your modification of Operating System (OS) software. Using custom OS software may cause your Product and applications to work improperly. Your carrier may not permit users to download certain software, such as custom OS.

3. Modification of software

Samsung is not liable for performance issues or incompatibilities caused by your editing of registry settings, or your modification of Operating System (OS) software. Using custom OS software may cause your Product and applications to work improperly. Your carrier may not permit users to download certain software, such as custom OS.

4. Grant of license

Samsung grants you a limited non-exclusive license to install, use, access, display, and run one copy of the Samsung Software on a single Product, local hard disk(s), or other permanent storage media of one computer. You may not make Samsung Software available over a network where it could be used by multiple computers or Products at the same time. You may make one copy of the Samsung Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Certain items of the Samsung Software may be subject to open-source licenses. The open-source license provisions may override some of the terms of this EULA. We will make the applicable open source licenses available to you on the legal notices section of the Settings menu of your Product.

5. Reservation of rights and ownership

Samsung reserves all rights not expressly granted to you in this EULA. Copyright and other intellectual property laws and treaties protect the Samsung Software, Samsung, the title copyright, and other intellectual property rights in the Samsung Software. The Samsung Software is licensed, not sold.

6. Limitations on end-user rights

You shall not, and shall not enable or permit others to, copy reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Samsung Software (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation). You may not modify or disable any features of, the Samsung Software, or create derivative works based on the Samsung Software. You may not rent, lease, lend, sublicense, or provide commercial hosting services with the Samsung Software. You may not transfer this EULA or the rights to the Samsung Software granted herein to any third party unless it is in connection with the sale of the Product which the Samsung Software accompanied. In such event, the transfer must include all of the Samsung Software (including all component parts, the media and printed materials, any upgrades, and this EULA) and you may not retain any copies of the Samsung Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Samsung Software must agree to all the EULA terms. Where Product is being used by your employee or other person using the Product as part of your undertaking (“Your Staff”), that member of Your Staff is licensed to use the Samsung Software as if it were you and must comply with these terms on the same basis. Any failure to comply with these terms by Your Staff shall be deemed to a failure to comply with these terms by you.

7. Samsung software updates

Samsung may make available "Updates" as defined below, after you initially obtain the Samsung Software. Updates are defined to include upgrades, supplements, add-on components, bug fixes, revisions, deletions, enhancements, and improvements to the Samsung Software and related services.  This EULA applies to any Updates unless we provide other terms along with such Updates. To use Samsung Software provided through Updates, you must first be licensed for the Samsung Software identified by Samsung as eligible for Updates.

While Updates will be generally available, in some limited circumstances, the Updates will only be offered by your network carrier, and such Updates will be governed by your contractual relationship with your network carrier. This EULA will not affect your legal relationship with your network carrier. Your SIM card stores information about your service plan with your provider, and this information is tied to the device on which the SIM is activated. If you move your SIM to another device, you will not receive Updates unless you update your service plan with the new device.

Your Product may download certain Updates automatically from time to time through Wi-Fi or other network connection. You may change the settings in your Product to manually download Updates, however, given the importance of receiving Updates for security or safety-related software in a timely manner, to resolve critical problems reported to Samsung, to defend against certain new threats and vulnerabilities, and to provide the latest functionality, these Updates may be automatically downloaded and installed which may limit the usage of some software and/or hardware. Where an Update will materially alter the Samsung Software, Samsung will provide you with notice of the Update, where practicable. Updates may result in data consumption, and we recommend you switch to a free Wi-Fi or free network connection to avoid any unintended data charges. We recommend you check the availability of any new Updates periodically for optimal use of your Product.

The services and/or features provided by Wearable Devices may vary or be limited depending on your country, Device model, or network operator.

The Wearable Device and Manager may contain, or may be compatible with certain Software for general wellness and fitness management (“Fit Software”). The Wearable Device and the Fit Software is intended for recreational purpose only and is not intended to diagnose disease or other conditions, or to cure, mitigate, treat, or prevent disease or any other medical conditions. Certain data derived from the Fit Software is for informational purposes only and the Wearable Device is not intended to be treated as a medical device nor replace the relationship between you and your physician or other medical provider. Do not disregard professional medical advice nor delay in seeking it because of something you have learned through the Fit Software.

Samsung is not liable for any injuries, damages, losses, and/or costs suffered by users, that are associated with the services and/or information, including recommendations, coaching, tips, and/or guidelines, nor for the accuracy of any information provided or acquired by or accessed through Fit Software.

8. Consent to use of data

• Privacy Policy: Collection of data using software or applications on your device will be performed in accordance with the provisions of this section and as set forth in Samsung’s Privacy Policy. For your reference, Samsung’s Privacy Policy can be viewed at: http://account.samsung.com.
  
  
• To provide Updates, you agree that Samsung and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, customer code, access recording, your device's current software version, MCC (Mobile Country Code), and MNC (Mobile Network Code). Samsung may use this information to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
  
  
• Diagnostic and Usage Data: If you opt into diagnostic and usage collection, Samsung and its affiliates may collect maintain, process, and use diagnostic, technical, and usage-related information (“Diagnostic and Usage Data”), that is gathered to provide and improve Samsung products and services, facilitate the provision of Updates, product support, and other services to you, if any, related to the Samsung Software, and to verify compliance with the terms of this License. Samsung may use this information for the purposes described above and in accordance with its Privacy Policy available at the hyperlink above.
  
  
• Location Data: As described in the Samsung Privacy Policy, available for viewing at the hyperlink above, Samsung and its partners, licensees, and third-party developers may provide certain services that rely upon location information, such as your device’s GPS signal or information about nearby Wi-Fi access points and cell towers that may be transmitted to us, with your consent, when you use such location-enabled services.
  
  
• Device Identifier-based Services: To facilitate the use of enhanced messaging and file-sharing functions with a simplified setup process, device identifier-based services for file-sharing features and messaging features (“Device Identifier-based Services”) are provided within the Samsung Software. These features are available through existing interfaces of Contacts and Messages, respectively, as additional features to them. If you opt-in to Device Identifier-based Services, certain unique identifiers for your Product are needed to set up and use these features. These unique identifiers may include hardware identifiers, subscription information, and telephone numbers for your Product. If you allow the sharing of contact information, the telephone numbers of the people in your Contacts are collected by Samsung to facilitate file sharing and messaging with the people in your Contacts. You may turn off this sharing feature or restrict the scope of the sharing under your profile settings. If your message cannot be sent as a message using the Device Identifier-based Services, your message may be sent as an SMS or MMS message, for which carrier messaging rates may apply.
  
  
• Voice-based Features: As described in the Samsung Privacy Policy, available for viewing at the hyperlink above, in order to provide Voice-based features we may require the collection of your voice information. Some voice-based services may not be available in all languages or in all countries.
  
  
• Samsung Keyboard: If you opt into the Predictive text feature, the words that you type are collected and stored on your Product to provide a word suggestion that you would be typing. You can clear the collected typing data anytime under the Predictive text settings. This feature may be offered in connection with your Samsung Account to synchronize the data for use on your other Products and you can also clear the server-side data under the Predictive text settings.

9. Internet access

Some features of the Samsung Software may require your Product to have access to the Internet and may be subject to restrictions imposed by your network or Internet provider. Unless your Product is connected to the Internet through a Wi-Fi connection, the Samsung Software will access the Internet through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Samsung Software may be affected by the suitability and performance of your device hardware or data access.

10. Export Restrictions

You acknowledge that Samsung Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to Samsung Software, including all the applicable export restriction laws and regulations.

11. Termination

This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from Samsung if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Samsung Software and destroy all copies, full or partial, of the Samsung Software. Your obligations under this EULA and the provisions of the Limitation of Liability shall survive any such termination.

12. Third-party materials

Certain third-party applications or services may be included with, or downloaded to your Product. Such third-party applications or services may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Samsung Software, you acknowledge and agree that Samsung is not responsible for the availability of such Third Party Materials and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such Third Party Materials.

You expressly acknowledge and agree that the use of Third Party Materials is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy, and effort is with you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Materials), in any manner, and you shall not exploit the Third Party Materials in any unauthorized way whatsoever, including but not limited to, using the Third Party Materials to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use the Third Party Materials in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that Samsung is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Third Party Materials. References on this Product to any names, marks, products, or services of any third parties are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services. You acknowledge and agree that the use of any Third Party Materials is governed by such Third Party Materials provider’s terms of use, license agreement, privacy policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such Third Party Materials provider, will be subject to such Third Party Materials provider’s privacy policy if such a policy exists. This EULA will not affect your legal relationship with such third-party providers.

SAMSUNG DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY MATERIALS PROVIDER. SAMSUNG EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD-PARTY MATERIALS PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD-PARTY MATERIALS PROVIDER.

13. Samsung services

Certain Samsung applications and services may be included with, or downloaded to, your Product. The Samsung Software may enable access to the Samsung Galaxy Apps Store or other Samsung and third-party services and websites (collectively and individually, “Services”). Some of the Services and applications may not be available in all languages or in all countries. Many of them may require Samsung Services membership registration (“Samsung Account”), and your rights and obligations in relation to the Samsung Services will be set forth in separate Samsung Account terms and conditions. There are non-Samsung Account applications and services that may require your consent to their separate terms and conditions before accessing or using those applications and services. You expressly acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions of the non-Samsung Account applications and services. This EULA will not affect your legal relationship with such non-Samsung Account applications and service providers. Your use of a Samsung Account is subject to the latest terms and conditions, which you may access and review at http://account.samsung.com.

14. Digital certificate

You acknowledge and agree that you are solely responsible for your decision to rely on a digital certificate issued by Samsung or a third party and your use of such certificate. Samsung makes no express or implied warranties or representations as to merchantability or fitness for any particular purpose, accuracy, security, or non-infringement of third-party rights with respect to digital certificates.

15. Limitation of liability

SAMSUNG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SAMSUNG SOFTWARE OR ANY THIRD-PARTY APPLICATION, ITS CONTENT, OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU AGREE THAT YOU WILL USE THE SOFTWARE PRODUCT AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR SOME OTHER TYPES OF LOSS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, SAMSUNG’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SAMSUNG SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

16. U.S. Government end users restricted rights

Samsung Software is licensed only with “restricted rights” and as “commercial items” consisting of “commercial software” and “commercial software documentation” with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Samsung Software is provided subject to Federal Acquisition Regulation (FAR) 52.227.19.

17. Applicable law

This EULA shall be governed by and interpreted in accordance with the laws of the State of New York, USA without reference to its conflict of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Samsung may apply for injunctive remedies (or an equivalent form of urgent legal relief) in any jurisdiction.

18. Dispute Resolution Agreement

This End User License Agreement includes a binding Dispute Resolution Agreement, which includes an arbitration provision.  The Dispute Resolution Agreement can be found at https://www.samsung.com/us/support/legal/mobile/ and is incorporated herein.  Please review the Dispute Resolution Agreement carefully.  It affects your rights.  There is a limited 30-day right to opt out of the arbitration provision.  If a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference, if requested), Samsung and its customers agree to address the dispute through binding individual arbitration (unless customers have timely opted out of the provision) or in small claims court where the customers reside.  Class and representative proceedings are not allowed.  In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision.  There is no judge or jury in arbitration and the arbitrator applies the same law and can award the same individual remedies as a court.  The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

19. Entire Agreement; Severability

This EULA is the entire agreement between you and Samsung relating to Samsung Software.

Samsung’s End User License Agreement (“EULA”) is a legal agreement between you and Samsung Electronics Co., Ltd. for software and licensors. By using this device or any other Samsung Product, you accept the terms of this EULA. If you do not accept these terms, do not use the Product or the Samsung Software.

Radio Frequency (RF) Signals

The U.S. Food and Drug Administration (FDA) has published information for consumers relating to Radio Frequency (RF) exposure from mobile devices. The public is exposed to and our bodies absorb wide varieties of naturally occurring and human-made radiation, including from mobile devices. For up-to-date information, please see "FDA Radiation-Emitting Products at www.fda.gov.

• Mobile devices communicate by receiving and transmitting radio waves, which carry digitized voice and data.  These radio waves, or RF, are forms of radiation, which are generally viewed as harmless to humans.
  
• RF energy is a type of non-ionizing radiation. Other types of non-ionizing radiation include visible light, Bluetooth, Wi-Fi, television broadcast signals, infrared radiation (heat), and other forms of electromagnetic radiation with relatively low frequencies.
  
• The low levels of RF energy a mobile device transmits and receives are in the microwave frequency range. Exposure to low-level RF energy does not produce heating effects and is not known to have adverse health effects. By contrast, ionizing radiation, which includes high-energy electromagnetic waves such as X-rays and gamma rays, heats tissue and may be harmful.
  
• While in standby mode, mobile devices also emit RF energy at substantially reduced time intervals.
  
• If you want to reduce exposure to RF energy, reduce the amount of time spent using your mobile device, use speaker mode or a headset to place more distance between your head and the mobile device, and increase the distance between mobile devices and your body.
  
• Hands-free function can be used for convenience and comfort, and it is legally required in many states if you want to use your device while driving.
  
• All handheld mobile devices must comply with FCC guidelines for exposure to RF energy. The FCC’s guidelines were developed by expert scientists and engineers after an extensive review of scientific literature relating to RF exposure, and those guidelines incorporate prudent margins of safety.
  
• Accessories that have the potential to influence the SAR characteristics of a mobile device require FCC approval. Such accessory products should be approved for your mobile device prior to use as they can modify the RF fields around the device. For more information, please refer to https://apps.fcc.gov.
  
• Some hands-free mobile device kits and accessories can generate RF energy when used in tandem with your mobile device.

Additional information on the safety of RF exposures from various sources can be obtained from the following organizations:

• FCC RF Safety Program: https://www.fcc.gov
  
• Environmental Protection Agency (EPA): https://www.epa.gov/radtown/non-ionizing-radiation-wireless-technology
  
• Occupational Safety and Health Administration (OSHA): https://www.osha.gov
  
• National Institute for Occupational Safety and Health (NIOSH): https://www.cdc.gov
  
• World Health Organization (WHO): http://www.who.int
  
• International Commission on Non-Ionizing Radiation Protection: http://www.icnirp.de
  
• US Food and Drug Administration: http://www.fda.gov

Specific absorption rate

Specific Absorption Rate (SAR) certification establishes a minimum recommended distance from a person’s body for the safe operation of RF-emitting devices. Body-worn operations are restricted to belt clips, holsters, or similar accessories that have no metallic component in the assembly and must provide at least 1.5 cm (3/4 in.) separation between the device and the user's body. Samsung’s Wireless Power Sharing feature allows device-to-device charging without the need for a charger. If your device supports wireless charging or power-sharing functions, this equipment should be operated with a minimum distance of 20 cm (8 in.) between the device and your body.

SAR distances for specific mobile devices: 

• Tablet, Note, and PC: 0 mm
  
• Watch: Face SAR distance 10 mm
  
• Phone: 15 mm
  
• Foldable: 15 mm 

FCC Part 15 Information and Notices

The device may cause TV or radio interference if used in close proximity to receiving equipment. The FCC can require you to stop using the mobile device if such interference cannot be eliminated.

• Any device that uses Bluetooth or Wi-Fi, or any device with a power supply is subject to FCC Part 15. FCC Part 15 covers both intentional radiators (Bluetooth and Wi-Fi) and unintentional radiators (such as emissions from power supplies and circuit boards).
  
• This device complies with part 15 of the FCC Rules. Pursuant to part 15.21 of the FCC Rules, you are cautioned that changes or modifications not expressly approved by Samsung could damage your product. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
  
• This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate RF energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation.
  
• If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
  
  • Reorient or relocate the receiving antenna.
    
  • Increase the separation between the equipment and the receiver.
    
  • Connect the equipment to an outlet on a circuit different from that to which the receiver is connected.
    
  • Consult the dealer or an experienced radio/TV technician for help.
• Pacemakers and implantable medical devices should have a minimum separation of six (6) inches between a mobile device and an implantable medical device, such as a pacemaker or cardioverter defibrillator, to avoid potential interference with the medical device.
  
  • Persons who have such medical devices should:
    
    • ALWAYS keep the mobile device more than six (6) inches from their implantable medical device when the mobile device is turned ON, do not carry the mobile device in a breast pocket, use the ear opposite the implantable medical device to minimize the potential for interference.
      
    • Turn the mobile device OFF immediately if there is any reason to suspect that interference is taking place.
      
    • Read and follow the directions from the manufacturer of your implantable medical device.
  • If you have any questions about using your wireless mobile device with an implantable medical device, consult your healthcare provider. For additional detailed information regarding potential interference and precautions needed for pacemakers, please visit: http://www.fda.gov
    .
• Remember to follow any special regulations in force in any area.
  
• Certain electronic equipment may not be shielded against the RF signals from your wireless mobile device. Consult the manufacturer to discuss alternatives.
  
• If you use any other personal medical devices, consult the manufacturer of your device to determine if it is adequately shielded from external RF energy.
  
• RF signals may affect improperly installed or inadequately shielded electronic systems in motor vehicles. Check with the manufacturer or its representative regarding your vehicle before using your mobile device in a motor vehicle.
  
• Remember to follow any special regulations in force in any area, and always switch your mobile device off where posted notices require you to do so, or when it may cause interference or danger.
  
• Switch your mobile device off when in any area with a potentially explosive atmosphere and obey all signs and instructions. Sparks in such areas could cause an explosion or fire resulting in bodily injury or even death. Users are advised to switch the mobile device off while at a refueling point (service station).

Smart practices while driving

Samsung is committed to both promoting responsible driving and giving drivers the tools necessary to address distractions. For more information, go to: http://www.ctia.org.

• The use of these devices may be prohibited or restricted in certain areas or while operating a motor vehicle. Check the laws and regulations on the use of mobile devices and their accessories in the areas where you drive.
  
• Do not engage in any activity while driving a moving vehicle that may cause you to take your eyes off the road or impair your ability to concentrate on driving.
  
• Ensure that any mobile devices or related equipment installed in your vehicle are securely mounted.
  
• For vehicles equipped with an airbag, remember that an airbag inflates with great force. Do not place objects, including installed or portable wireless equipment near or in the area over the airbag or in the airbag deployment area. If wireless equipment is improperly installed and the airbag inflates, serious injury could result.

Responsible Listening

Avoid potential hearing loss by not exposing yourself to loud sounds for a prolonged period of time. The risk of hearing loss increases as sound is played louder and for longer durations. 

The amount of sound produced by a portable audio device (including headsets, earbuds, and Bluetooth® or other mobile devices) varies depending on the nature of the sound, the device settings, and the headphones that are used. As a result, there is no single volume setting that is appropriate for everyone or for every combination of sound, settings, and equipment.

Here are some common recommendations when using your mobile device:

• Use of headphones or earbuds while driving may be prohibited or restricted in your area; check local laws and regulations.
  
• Always turn the volume down before plugging the earphones into a device.
  
• Set the volume in a quiet environment and select the lowest volume at which you can hear adequately.
  
• Be aware that you can adapt to higher volume settings over time, not realizing that the higher volume may be harmful to your hearing.
  
• Do not turn the volume up to block out noisy surroundings. If you choose to listen to your device in a noisy environment, use noise-canceling headphones to block out background noise. By blocking background noise, noise-cancelling headphones should allow you to hear the music at lower volumes than when using earbuds.
  
• Limit the amount of time you listen. As the volume increases, less time is required before your hearing could be affected.
  
• Avoid using headphones after exposure to extremely loud noises, such as rock concerts, that might cause temporary hearing loss. Temporary hearing loss might cause unsafe volumes to sound normal.
  
• Do not listen at any volume that causes you discomfort. If you experience ringing in your ears, if speech sounds muffled, or experience any temporary hearing difficulty after listening to your portable audio device, discontinue use and consult your doctor.

You can obtain additional information on this subject from the following sources:

• American Academy of Audiology: www.audiology.org
  
• National Institute on Deafness and Other Communication Disorders: www.nidcd.nih.gov

Use by children

• Children or other persons requiring supervision can accidentally choke on small device components or parts, especially if they have broken off.
  
• If a child or other person tries to suck on or bite the device, this can puncture the housing of the device and lead to water damage, for more information please see, https://www.fcc.gov/consumers/guides/childrens-safety

Cautions and Other Important Safety Information

• Any changes or modifications to your mobile device could damage your product and may not be covered by your warranty.
  
• Only qualified personnel should service the mobile device.
  
• When using a headset in dry environments, static electricity can build up in the headset and cause a small quick static electrical shock. To minimize the risk of electrostatic discharge from the headset avoid using the headset in extremely dry environments or touching a grounded unpainted metal object to discharge static electricity before inserting the headset.
  
• Do not store or carry flammable liquids, gases, or explosive materials in the same compartment as the mobile device, its parts, or accessories.
  
• Switch your mobile device off before boarding an aircraft. The use of wireless mobile devices in aircraft is illegal and may be dangerous to the aircraft's operation. Check with appropriate authorities before using any function of a mobile device while on an aircraft.
  
• Seizures or blackouts can occur when you are exposed to flashing lights while watching videos or playing games for extended periods.
  
• Additional information on Samsung Accessibility by-product can be found at:
https://www.samsung.com. You may also contact customer care at 888-987-4357, or email [email protected].

Heart Rate Sensor

The information gathered from your device, Samsung Health, or related software is not intended to diagnose, cure, mitigate, treat, or prevent disease or other health conditions. Users should not interpret or take clinical action based on the device output without consulting a healthcare professional.

The accuracy of your device and its related software, including heart rate readings, may be affected by environmental conditions, skin condition, activity performed while using the device, device settings, user configuration/user-provided information, placement of the sensor, and other end-user interactions.

What is IP?

The Ingress Protection Rating is more commonly referred to as an “IP” rating. These IP codes are set by the International Electrotechnical Commission (IEC), and they are designed as a "system for classifying the degrees of protection provided by the enclosures of electrical equipment.” These IP codes consist of the letters “IP” followed by one or two digits. According to the IEC, an IP code with an "X" in place of the first or second number means that a device has not been tested to protect against the entry of solid objects, such as dust (the first number), or liquids (the second number).  For more information, please see IEC Standard 60529 – Degrees of Protection by Enclosures [IP Code].

What is ATM?

As well as IP ratings explained above, some products are independently tested to determine how much static pressure they can withstand when submerged. These pressure tests are measured in ATMs – which stands for atmospheres – and are converted to water depth to make the measurements easier to comprehend.

One ATM is equivalent to the static pressure exerted by static submersion in 10 meters of water. The higher the ATM rating, the deeper the product can go without being affected, as deeper water exerts more pressure. The basic ATM water-resistance levels are described below.

It is important to note, however, that these ratings are for static pressure in a controlled environment, meaning that if the device is resting still in a test chamber, it can tolerate pressure up to the rated value and will function properly upon its removal. Conversely, any application of dynamic pressure caused by movement of the wearer (such as diving into the water, for example) increases the pressure of water exposure. So, while a 5 ATM-rated fitness band, for example, could easily withstand rain, it may be damaged if sprayed with a powerful hose.  Accordingly, 5 ATM-rated devices are recommended for low-velocity and shallow-water activities.

What is ISO?

The International Organization for Standardizations (ISO) ISO 22810:2010 standard specifies a detailed testing procedure that defines not only pressures but also test duration, water temperature, and other parameters to provide a more accurate description of a watch’s water resistance.

Products certified to the ISO 22810:2010 standard meet four requirements: water resistance to overpressure, water resistance at shallow depth, water resistance when strain is placed on the operative components, and water resistance on exposure to thermal shocks. Therefore, products that adhere to ISO standard 22810:2010 are resistant to water during certain aquatic activities and may be used under conditions where water pressure and temperature vary.

For more details about water resistance ratings, visit the websites of the International Electrotechnical Commission (IEC) and International Organization for Standardization (ISO).

Military Standard Rating

The armed forces need mobile technology that can withstand a wide variety of operating conditions. The technology standard MIL-STD-810 prescribes an array of testing criteria to simulate harsh operating environments.  Issued by the U.S. Army’s Developmental Test Command, this standard helps ensure devices are more ruggedized. To meet the latest MIL-STD-810 specifications, a smartphone has to keep functioning in low-pressure altitudes, extreme temperatures, and high humidity, and resist water, dust, and shock. Some Samsung devices have received a MIL-STD-810 rating, and for the rating applicable to your device and its proper care and maintenance, please see the user manual for your device.

Safe Use and Maintenance of Water and Dust Resistance of IP, ISO, ATM, and MIL-STD Rated Devices

Devices with IP, ISO, ATM, or MIL-STD ratings have been tested in controlled environments and certified to be water-resistant to the device rating specified under testing conditions. Review the user manual for your device for more detailed information on the rating, maintenance, and care of your specific device.

Use your device in a manner consistent with the IP, ISO, ATM, or MIL-STD rating of your device.  Failure to do so may result in damage to your device.

If your device is exposed to fresh water, shake it to remove any excess water and dry the device thoroughly with a clean, soft cloth.

The device is not impervious to dust and water damage in any situation. It is important that all compartments are closed tightly. Any device which uses accessible compartments or ports that can be opened should have these sealed or closed tightly.

The suggestions below will help you maintain your device’s performance and fulfill any warranty obligations.

• If your device is exposed to liquids other than fresh water (such as saltwater), rinse your device with fresh water dry it with a clean, soft cloth, and shake it to remove any excess water.
  
  
• Make sure to allow the device to dry before attempting to charge.
  
  
• If the device has been immersed in water or the microphone or speaker is wet, sound may not be heard clearly during a call while the device is immersed or the microphone or speaker is wet.
  
  
• Do not put your device into a washer or dryer.
  
  
• Do not use harsh chemicals, cleaning solvents, or strong detergents to clean your device.
  
  
• Do not place any paint or painting materials (liquids) onto the device.
  
  
• Do not expose the device to water at high pressure.
  
  
• If the device is dropped or receives an impact that causes physical damage to the device, the water and dust-resistant features of the device may be affected. If you suspect your device has been damaged because of a fall or impact, take it to a Samsung-authorized service center for inspection.
  
  
• To prevent water and dust from entering the device, remove any dust on the O-Ring and ensure that the SIM card tray is closed tightly.
  
  
• The charging case for earbuds does not support water resistance.
  
  
• Do not place foreign materials between your device and a wireless charger.

FCC Hearing Aid Compatibility (HAC) regulations for wireless devices

The FCC established requirements for devices to be compatible with hearing aids and other hearing devices. For more information, visit www.fcc.gov/consumers/guides/hearing-aid-compatibility-wireline-and-wireless-telephones

This phone has been tested and certified for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer.

C63.19-2011

(Applicable for models launching before 2024, and the following models: SM-A256U)

Devices that have been certified to be hearing aid-compatible with the ANSI C63.19-2011 standard have a rating system which classifies handsets from M1 through M4 for RF Emissions and T1 through T4 for T-Coil testing, with higher numbers being better. The minimum FCC rating requirement is M3 and T3. Please note, LTE B71 and NR n71 frequency bands fall outside the score of the C63.2019-2011 test standard but have been additionally tested to be hearing aid-compatible. For more product-specific information on M and T ratings, you can find this on the back of the box or in the user manual.

C63-19-2019

(Applicable for models launching in 2024 and later)

This device was tested for compliance with the ANSI C63.19-2019 standard for HAC.   Devices tested to this version of the standard, unlike previous versions, do not receive a HAC performance rating level; they are either HAC-compliant or not.  In addition, in this version of the standard, the conversational gain of the device is tested, both with and without hearing aids.  The conversational gain listed on the device box represents the lowest conversational gain found across all tested conditions.

Energy star

As an ENERGY STAR® Partner, Samsung has determined that certain products meet the ENERGY STAR Guidelines for energy efficiency. Samsung is a proud ENERGY STAR Partner and commits to meet the guidelines for certain products to be ENERGY STAR certified. By selecting an Energy Star-certified product, you reduce greenhouse emissions, save energy, and can lower operating costs.

• The Power Management setting of this product has been enabled by default and has various timing settings (of up to 10 to 30 minutes).
  
  
• To change this in Settings, go to the Display menu > Screen timeout option.
  
  
• This product can be awakened from sleep mode by pressing the Power/Lock or Side key.
  
  

Recycling

For more information, visit call2recycle.org or call 1-800-822-8837. Alternatively, visit: www.samsung.com/recycling or call 1-800-SAMSUNG.

Device Use, Care, and Safe Handling

Your mobile device is a product of superior design and craftsmanship and should be treated with care. Procedures and suggestions on the proper use and maintenance of your device and its internal components should always be followed. For more information please visit www.samsung.com/us/support for the user manual and help content.

Device temperature

For foldable devices, the device can be used locations with an ambient temperature of 0 °C to 35 °C. You can store the device at an ambient temperature of -10 °C to 50 °C. Using or storing the device outside of the recommended temperature ranges may damage the device or reduce the battery’s lifespan. For non-foldable devices, the device can be used in locations with an ambient temperature of 0 °C to 35 °C. You can store the device at an ambient temperature of -20 °C to 50 °C. Using or storing the device outside of the recommended temperature ranges may damage the device or reduce the battery’s lifespan. 

• Some applications or prolonged usage may increase device temperature. Follow any specific care and storage guidelines applicable to your device.
  
  
• If the device feels warm or hot, close down all applications, or if necessary, turn off the device completely until it cools down and discontinue use.
  
  
• Avoid exposing your device and components to extreme heat or cold.
  
  
• Always ensure that the device has adequate ventilation and airflow. Covering the device can trap any dissipating heat and redirect it back to the device while it is active.
  
  
• Using your device for prolonged periods outside the recommended safety ranges can damage the device and reduce the storage capacity and lifespan of your battery. If the device begins to get hot or seems to have difficulty cooling down, please remove the device from its external case and allow it to cool down before placing the case back on.
  
  
• Charge your device with only Samsung-approved chargers and cables, and use only Samsung-approved batteries that are specifically designed for your device. Use of a non-Samsung-approved battery, cable, or charger may present a risk of fire, explosion, leakage, or other hazard. Never use any charger, cable, or battery that is damaged.
  
  
• Mishandling batteries can lead to damage, leakage, and puncturing of the housing. If any fluid is leaking from your device, do not let it come in contact with your eyes, skin, or clothing.
  
  
• For safe disposal options, contact your nearest Samsung-authorized service center. To locate the nearest service center visit www.samsung.com/us/support/contact.
  
  
• Any repairs performed by non-qualified technicians could induce a thermal event.
  
  
• Avoid contact with the device if it is overheating. Failure to do so may cause burns, redness, and abnormal skin pigmentation.
  
  
• Be careful of overheating of the device when using it for extended periods, make sure all devices fit comfortably, and avoid prolonged skin contact.
  
  
• Do not sit on your device or make direct contact with your skin for extended periods when charging or connected to a power source.
  
  
• Tolerance to high temperatures varies individually. Please take extra caution regarding the use of children, elders, and people with special conditions.

IMMEDIATELY stop using your device if:

• You see any smoke or liquids coming from your device.
  
  
• Your device or battery begins to overheat, even while not in use.

Any of these conditions can indicate an issue with the internal components. Immediately turn off your device and contact your nearest authorized retailer or Samsung-authorized service center for technical support. To find a Samsung-authorized service center, visit www.samsung.com/us/support/contact.

Battery use, care, and safe handling of a device with a removable battery

• For a device with a removable battery, the battery can be stored separately in locations with an ambient temperature of 0 °C to 45 °C.
  
  
• Avoid storing your battery near magnetic fields such as card readers or magnetic chargers. Your battery may quickly discharge in these environments resulting in internal damage.
  
  
• Do not store your battery in environments with high levels of heat or humidity.
  
  
• Do not store your battery with metal items such as keys or coins. These metal objects can scratch or puncture your battery and cause issues.
  
  
• Mishandling batteries can lead to damage, leakage, and puncturing of the housing.
  
  
• Do not use batteries that are visibly damaged or that display cracks, dents, leaks, swelling, smoking, fumes, or are hot to the touch. Dispose of damaged batteries safely and in accordance with your local regulations.
  
  
• Although newer devices contain non-accessible batteries, knowing how to properly maintain and safeguard these components is still very important. Samsung's warranty does not cover damage to the device caused by non-Samsung-approved batteries and/or chargers.

Microwaves

Do not try to dry your mobile device in a microwave oven. Doing so may cause the internal battery to leak, resulting in damage to your screen and related components, and lead to a fire or explosion.

Display / Touchscreen

The display on your mobile device could break if it is dropped or if it receives significant impact. Do not use if the screen is broken or cracked as this could cause injury to you.

• Do not press the screen with a hard or sharp object, such as a pen or fingernail, or apply excessive pressure to it.
  
  
• When folding a foldable device, do not place any objects, such as cards, coins, or keys, on the screen.
  
  
• Do not attach any adhesives such as films or stickers to the main screen or remove any top protective layer.
  
  
• Do not drop, knock, or shake the mobile device. Rough handling can break internal circuit boards and can potentially cause damage to the device and battery. If you suspect damage to the device or battery, take it to a service center for inspection.
  
  
• If your mobile device has a touchscreen display, please note that a touchscreen responds best to a light touch from the pad of your finger or a capacitive stylus.

Location

Location-based information that can be used to determine the approximate location of a mobile device. If you use applications that require location-based information (e.g., driving directions), such information may be shared with third parties, including your wireless service provider, application providers, Samsung, and other third parties providing services.

• Maps, directions, and other navigation data, including data relating to your current location, may contain inaccurate or incomplete data. Therefore, you should always pay attention to road conditions, closures, traffic, and all other factors that may impact safe driving or walking.
  
  
• Certain Samsung Mobile Devices can also use an Assisted Global Positioning System (AGPS), which obtains information from the cellular network to improve GPS performance. When you make an emergency call, the cellular network may activate AGPS technology in your mobile device to tell the emergency responders your approximate location. AGPS has limitations and might not work in your area. Contact your wireless service provider for details
  
  
• Wireless Emergency Alerts (WEA) are part of the US emergency system. Since 2012, the WEA system has been used to warn the public of weather conditions, missing children, and other critical situations – all through alerts on compatible cell phones and other mobile devices. For more information visit: https://www.fcc.gov.

Samsung Knox

For more information about Samsung Knox, please refer to: www.samsung.com/us/security

©2023 Samsung Electronics America, Inc. Samsung is a registered trademark of Samsung Electronics Co., Ltd.

Repair Parts are covered exclusively by the Samsung Standard Limited Warranty for Repair Parts. ANY AND ALL DISPUTES UNDER THE STANDARD LIMITED WARRANTY FOR REPAIR PARTS ARE SUBJECT TO DISPUTE RESOLUTION. The Dispute Resolution Agreement, which also applies to all disputes related to your device, is at:

Mobile: https://www.samsung.com/us/support/legal/mobile/#standard-limited-warranty

PC: https://www.samsung.com/us/support/legal/pc/#samsung-computer-limited-warranty

This Standard Limited Warranty for Repair Parts and the Dispute Resolution Agreement are subject to change by Samsung; check the URL for the current version. 

What is covered and for how long?

SAMSUNG ELECTRONICS AMERICA, INC. ("Samsung” or ”We”) warrants to the original consumer purchaser that a Repair Part (“Product”) is free from defects in material and workmanship under normal use and service for the warranty period. This limited warranty does not extend to dealers, resellers, or retailers or to used products (other than Samsung-certified pre-owned or renewed devices that carry Samsung’s Standard Limited Warranty) that are resold to a consumer by a dealer, reseller, or retailer.  The warranty period commences upon the date of purchase by the original consumer purchaser and continues for the following specified period of time after that date:

Repair Parts (including Batteries sold for self-repair): 90 days

What is not covered?

This Standard Limited Warranty is conditioned upon proper use of the Product. This Standard Limited Warranty does not cover:

(a) Defects or damage caused by accident, misuse, abnormal use, abnormal conditions, improper storage, neglect, or unusual physical, electrical or electromechanical stress;

(b) Defects or damage caused by exposure to liquid, moisture, dampness, weather conditions, sand, dust, or dirt that is inconsistent with the specifications and instructions applicable to the Product according to the user manual and the applicable terms and conditions;

(c) Scratches, dents, and cosmetic damage;

(d) Defects or damage caused by pressing on a touch screen with excessive force or with an object not approved by Samsung for use on the Product’s touch screen;

(e) Equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered, or made illegible;

(f) Ordinary wear and tear;

(g) Defects or damage caused by the use of accessories, products, or ancillary/peripheral equipment not furnished or approved by Samsung;

(h) Defects or damage caused by improper testing, operation, maintenance, software, installation, repair service or parts, or adjustment not furnished or approved by Samsung;

(i) Defects or damage caused by a user’s bypassing security controls to gain unauthorized root access or by rooting devices with unauthorized or altered operating system software installed by a user or third party;

(j) Defects or damage resulting from external causes such as collision with an object, fire, flooding, windstorm, lightning, earthquake, theft, blown fuse, or improper use of any electrical source;

(k) Defects or damage caused by cellular signal reception or transmission, or viruses or other software problems introduced into the Product; or

(l) Product purchased or intended for use and sale outside the United States. This Standard Limited Warranty covers batteries only if the battery capacity falls below 80% of the rated capacity or if the battery leaks. For batteries that fall below 80% of rated capacity or that leak, this Standard Limited Warranty does not cover any battery if the diminished battery capacity or leak is caused by:

(i) The use of a third-party battery charger that does not meet Samsung’s specifications or has not been specifically approved by Samsung for charging the battery;

(ii) Tampering, as evidenced by, for example, a broken seal or seals on the battery;

(iii) The use of the battery in equipment other than the Samsung device for which it is specified;

(iv) The battery was subjected to external forces beyond normal use; or

(v) Battery repair not furnished or approved by Samsung.

If the Product has any non-warranted damage, after-market modifications or out-of-specification, or non-approved parts that impair Samsung’s ability to evaluate whether damage or defects are covered by the warranty or Samsung’s ability to make an in-warranty repair (e.g., a cracked screen that must first be removed), then Samsung will notify you and you will have the following options:

(i) You may have Samsung return the Product to you at your cost and, at your option, resubmit the Product for warranty evaluation of in-warranty repair after the impairing condition has been repaired, corrected, or reversed; or

(ii) You may have Samsung repair, correct, or reverse the impairing condition at your cost, prior to Samsung’s provision of such warranty evaluation or in-warranty repair.  Samsung will not make any warranty determinations or repairs until the impairing condition has been repaired, corrected, or reversed. 

Under no circumstances will Samsung be obligated to maintain, restore, or repair any after-market changes to the Product’s hardware or software.

What are Samsung’s obligations?

During the applicable warranty period, provided the Product is returned to Samsung in accordance with the terms of this Standard Limited Warranty and exhibits an in-warranty defect, Samsung will, at Samsung’s sole option, either repair the in-warranty defect without charge, subject to the conditions above or replace the Product without charge. Samsung may, at Samsung’s sole option, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned, or new Product. All repaired/replaced Products will be covered by the terms of Samsung’s Standard Limited Warranty for a period equal to the remainder of the original Standard Limited Warranty on the original Product or for ninety (90) days, whichever is longer.

All replaced Products, parts, components, boards, and equipment shall become the property of Samsung. Except to any extent required by applicable law, transfer or assignment of this Standard Limited Warranty is prohibited.

During the applicable warranty period, provided the Product is returned in accordance with the terms of this Standard Limited Warranty, Samsung will repair or replace the Product, at Samsung’s sole option, without charge. Samsung may, at Samsung’s sole option, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned, or new Product.

Except to any extent expressly allowed by applicable law, transfer or assignment of this Standard Limited Warranty is prohibited.

What must you do to obtain warranty service?

To obtain service under this Standard Limited Warranty, you must utilize one of Samsung’s authorized Walk-In, Mobile, or Mail-In service options. Products must be presented for repair or replacement with, or accompanied by, the sales receipt or comparable proof of purchase showing the original date of purchase by the original consumer purchaser, the serial number of the Product, and the seller’s name and address.

To obtain information on Samsung’s authorized Walk-In, Mobile, or Mail-In service options, please visit https://www.samsung.com/us/support/service or call Samsung Customer Care at 1-800-SAMSUNG (726-7864). If Samsung determines that any Product is not covered by this Standard Limited Warranty, you must pay all parts, shipping, and labor charges for the repair or return of such Product.

Precautions for transfer and disposal of batteries.

TO AVOID INJURY OR PROPERTY DAMAGE, ANY CUSTOMERS WITH DAMAGED OR SWOLLEN BATTERIES SHOULD NOT ATTEMPT SELF-REPAIR AND CAN VISIT ANY SAMSUNG AUTHORIZED LOCATION TO REPAIR OR DISPOSE OF A DEVICE WITH A DAMAGED OR SWOLLEN BATTERY, OR A SWOLLEN BATTERY PART. FIND LOCATIONS AT: https://www.samsung.com/us/support/service/locations. DO NOT SHIP SWOLLEN OR DAMAGED BATTERIES THROUGH USPS OR OTHER SHIPPING SERVICES.

What are the limits on Samsung’s liability?

THIS STANDARD LIMITED WARRANTY SETS OUT THE FULL EXTENT OF SAMSUNG’S RESPONSIBILITIES AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS.

ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS, OR SAVINGS; INCONVENIENCE; LOSS, CORRUPTION, OR DISCLOSURE OF DATA OR INFORMATION THAT OCCURS DURING THE WARRANTY PROCESS; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.

NOTHING CONTAINED IN THE USER MANUAL OR ANY OTHER DOCUMENT SHALL BE CONSTRUED TO CREATE AN EXPRESS WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCT. NO AGENT, EMPLOYEE, DEALER, REPRESENTATIVE OR RESELLER IS AUTHORIZED TO MODIFY OR EXTEND THIS STANDARD LIMITED WARRANTY OR TO MAKE BINDING REPRESENTATIONS OR CLAIMS, WHETHER IN ADVERTISING, PRESENTATIONS OR OTHERWISE, ON BEHALF OF SAMSUNG REGARDING THE PRODUCTS OR THIS STANDARD LIMITED WARRANTY.

THIS STANDARD LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Severability

If any portion of this Standard Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Standard Limited Warranty.

You may not reproduce any content in whole or in part without Samsung’s prior written approval, except for Your own personal use.

Rev. February 2023