DAQRI SMART GLASSES™ DEVELOPER KIT - REFUND POLICY

Dated: December 26, 2016

1. Eligibility for Refund DAQRI Smart Glasses Developer Kit is expected to ship in early fall. You will receive more information about your reservation and expected ship date prior to shipment.

Upon placement of your order, your credit card will be charged $495.00 as a deposit. We will not charge your card for the remaining amounts due until we ship your product and provide you with access to the Early Adopter Program (developer platform and tools). We will provide you with notice by email prior to charging your card for the remaining amounts due.

You may request a refund for monies paid as a deposit and to reserve your DAQRI Smart Glasses Developer Edition, at any time prior to access to the Early Adopter Program and/or shipment of the product. In order to do so, please contact us at customersupport@daqri.com.

2. Order Cancellation A reservation made by you constitutes admission into the Early Adopter Program and reservation for receipt of DAQRI Smart Glasses Developer Edition.

All orders are subject to availability and may be canceled at DAQRI’s sole discretion at any time without liability. We cannot guarantee that our products will be available for distribution or shipment to all areas of the world. You understand that we may provide an automatic email receipt to you setting out the terms of your order. However, we may cancel your order without liability if we are unable to process or fulfill your order for any reason. If we cancel your order, we will refund all monies that you have paid for such canceled order.

3. Credit Card Processing Credit card payments will be handled through our third party payment processor. Our third party payment processor will collect and may retain your credit card information in order to process your payment, including payment for your order. All payments are subject to the third party payment processor’s applicable policies. For information about third party payment processing please review Shopify’s Privacy Policy located at https://www.shopify.com/legal/privacy.

By submitting an order, you authorize DAQRI to charge your order to the credit card provided. You represent and warrant that: (i) the payment method information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for purchase, (iii) charges incurred by you will be honored by your payment method provider, (iv) you will pay the charges incurred by you at the posted prices, including all applicable taxes and shipping costs, if any; and (v) if any details related to your payment method change while you are waiting receipt of your product, contact DAQRI at customersupport@daqri.com with the updated payment information. We reserve the right to cancel your order if the payment method cannot be verified or is invalid.

We try to meet all estimated timelines for delivery but do not promise or warrant to ship any DAQRI product by a particular date and will not be liable to you in respect of delays in shipping.

4. Software Where the product and/or services provided includes any software (including firmware), the software is licensed by us or by our relevant licensor subject to the relevant end user license agreement or other license terms included with the product, service and/or on DAQRI’s Developer Portal (the “License Terms”). Except to the extent expressly provided by DAQRI in writing, all products and/or services are provided “AS IS” without any warranties, terms or conditions as to quality, fitness for a particular purpose, non-infringement or performance. To request a copy of the terms and conditions of sale for the DAQRI Smart Glasses or end user license agreement associated with any DAQRI product, please contact us at customersupport@daqri.com.

5. Safety Information Your product will arrive with safety information in the box. It is important that you review it before use of the product. You may also obtain a copy of relevant safety information by contacting us at customersupport@daqri.com.

6. Miscellaneous We have the right to amend this policy at any time by posting such amendment to the DAQRI website. Your continued use of the DAQRI website or purchase of any product or service from DAQRI will constitute your acceptance and agreement to such updates.

Products and/or services provided to you under this policy may be subject to export control laws and regulations in the jurisdiction where we export from and where you receive delivery. You agree to comply with all export laws, orders, rules and regulations applicable to the product(s) and services. The product(s) may not be exported or re-exported to any person or location in violation of any U.S. law. You also agree that you will not use any DAQRI product or services for any purpose prohibited by U.S. law

The validity of this policy will be governed by the laws of the State of California without giving effect to any principles of conflicts of law. The parties agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California for any claims arising from or related to this policy.