Service & Repair Program Terms & Conditions

Effective Date: July 19, 2023

  1. This Service & Repair Program is a service provided to You by KMT Wireless, LLC dba Cynergy (“Service Provider”) as part of a contracted service provided to Google LLC and its affiliates and subsidiaries (“Google”). Google may provide customer service for the Service & Repair Program, but You understand the Service & Repair Program and these Terms and Conditions are between you and Service Provider only.
  2. DEFINITIONS:
    • “Address” means a physical street address in the United States (no P.O. boxes or foreign addresses accepted) that You submit on the Website(s) for shipments relating to Your Device under the Service & Repair Program. (You may not change the Address after You send in Your Device for repair.)
    • “Customer” or “You” means you, the Device owner, or a person having legal authority to make decisions about the Device, and who has accepted these Terms and Conditions.
    • “Device” means Your device that qualifies for the Service & Repair Program, as described on the Website(s).
    • “Estimated Service Cost” means the estimated cost to repair Your Device based on the information you submit on the Website(s).
    • “Final Service Cost” means the actual cost to repair Your Device as determined by Service Provider after receiving and inspecting Your Device (which may vary from the Estimated Service Cost).
    • “Google Packaging” means the prepaid packaging material You will receive for shipping Your Device to Service Provider for repair (after You pay the Final Service Cost).

      “Repair” means services to address defects in material or workmanship of Your Device.

      “Replace” or Replacement” means the provision of a refurbished device, tested and confirmed to be in good working order and which is the same manufacturer and model as Your Device.

    • “Service & Repair Program” means the service provided to You by Service Provider through the Website(s), enabling You to send in Your Device for Repair or Replacement, subject to these Terms and Conditions.
    • “Website(s)” means store.google.com and fi.google.com.
  3. YOU CONFIRM THAT:
    1. You are at least 18 years old and of legal capacity to participate in this Service & Repair Program.
    2. You are the only owner of Your Device and no other third party holds any rights of any kind in Your Device (including installment or leasing programs).
    3. All information You submitted on the Website(s) as part of the Service & Repair Program (personal information and Device-related information, including Device type and condition) is true and accurate.
  4. YOU ACKNOWLEDGE, WARRANT, AND AGREE THAT:
    1. Data Backup: Before sending in Your Device, You will backup all data, software, and programs on Your Device to a different medium or device, because all data, software, and programs on Your Device will be completely and permanently erased by Service Provider before inspection and repair.
    2. Correct Device: You will send in the Device You ordered repair for on the Website(s). If you send in a different device (that does not match your repair order), Service Provider will return the device to You without making any repairs. If you send in a device that has failed due to accident, abuse, or other external causes (like liquid spill or submersion, neglect, misuse, unauthorized modification, extreme environmental conditions or stress, fluctuation or surges of electrical power, fire, or acts of God), Service Provider will return the device to you without making any repairs, unless You separately authorize repair for such failure and approve the cost. If Service Provider determines after inspection that Your Device does not need any repairs, Service Provider will return Your Device to You without making any repairs.
    3. Battery Problems: You will not send in a Device with any of the following battery problems:
      1. Battery venting. The battery pouch has been breached, occasionally resulting in hot gases or flames that melt plastics within the device or case.
      2. Battery swelling. Swelling can result from natural aging for batteries, but it can also result from manufacturing defects.
      3. Battery leaking. Electrolyte from the battery can leak if the battery pouch was penetrated for any reason.

      If Your Device has any of the above battery problems, You should take Your Device in person to a Google-authorized repair partner. If You send in a Device with any of the above battery problems, Service Provider will return Your Device to You without making any repairs.

    4. Unauthorized Parts: You will not send in a Device containing non-Google-authorized parts – if You do, Your Device will not be returned to you.
    5. Google Packaging: You will use the Google Packaging received from Service Provider to send in Your Device for repair. If You use Your own packaging material instead, and Your Device is lost or damaged during shipment, You are solely responsible for the loss (Service Provider and Google will not be liable for any such loss).
    6. Services:
      1. At Service Provider’s discretion, Service Provider will determine whether to Repair or Replace Your Device.
      2. Service Provider may use hardware that is refurbished or like-new (in performance and reliability) to Repair or Replace Your Device. The Service & Repair Program services do not cover issues relating to software or data failures or incompatibilities on Your Device.
      3. All replaced parts or, if a Replacement is provided, the Device you send to Service Provider to be repaired, will become Service Provider’s property and You waive all rights under state or other laws to such Device or the replaced parts, as applicable.
      4. Service Provider will repair Your Device or send you a Replacement device for the Estimated Service Cost, unless the Final Service Cost is higher, in which case Service Provider will obtain Your online approval before proceeding to Repair Your Device or send you a Replacement device.
    7. Warranty: Repair and Replacement services by Service Provider will be warranted for a period of ninety (90) days from the date of Repair or Replacement. If Your Device requires repair during this period, You may submit up to two (2) additional repair orders on the Website(s), subject to these Terms and Conditions.
    8. Undeliverable Device: If delivery of Your Device (including a Replacement) could not be completed at Your Address, Service Provider will reattempt delivery one time and, if unable to be completed, the device will be returned to Service Provider and You will be contacted to provide an alternate mailing address. If, after 30 days, You have not provided a valid alternate mailing address, the Repaired or Replacement device will be deemed abandoned and will not be returned to You.
    9. One Device: You will send in only one Device per repair order.
    10. Accessories: You will not send in a Device with accessories – if you do, those accessories will not be returned to you.
  5. DISCLAIMERS & WAIVERS:
    1. Service Provider and Google are not responsible for data loss, data recovery, or any related damages under this Service & Repair Program. It is Your responsibility to backup all personal data, software, and programs from Your Device before shipping it to Service Provider.
    2. You acknowledge that Service Provider is solely responsible for execution of the Service & Repair Program. You waive all rights and claims against Google and its respective directors, employees, and agents for any loss or damages (direct or consequential) of every kind, whether known or unknown, arising out of, or relating to, Your use of the Service & Repair Program.
    3. Service Provider and Google are not responsible for any damage, loss, or costs incurred by You in relation to this Service & Repair Program, resulting from any of the following:
      1. Your act, omission, or misrepresentation in violation of the law or these Terms and Conditions. You additionally agree to indemnify Google and Service Provider from and against any claims brought against either of them arising from Your breach of applicable law or these Terms and Conditions.
      2. Disclosure of Your personal information to law enforcement agencies if Your Device is found to be stolen or if required by law.
    4. You additionally agree that Service Provider’s total liability to You will not exceed the Final Service Cost.
    5. Service Provider may change these Terms and Conditions to, for example, reflect changes to the law or changes to the Service & Repair Program. Service Provider will post notice of changes to these Terms and Conditions on this page.
  6. GOVERNING LAW & DISPUTE RESOLUTION:

    ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES.

    You agree that any disputes regarding the Service & Repair Program will be resolved through binding arbitration or small claims court in Santa Clara County, California, USA instead of in courts of general jurisdiction, and that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

  7. MISCELLANEOUS:
    1. Force Majeure. Neither Service Provider nor Google will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
    2. No Agency. These Terms and Conditions do not create any agency, partnership, or joint venture between the parties.
    3. Entire Agreement. To the extent permitted by applicable law, these Terms and Conditions state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.
    4. Severability. If any term (or part of a term) of these Terms and Conditions is invalid, illegal, or unenforceable, the rest of these Terms and Conditions will remain in effect.
    5. Contact. If You have any questions or feedback, you can contact Google support here.