AOP3D Legal Disclaimer, Warranty, and Terms of Service

Effective Date: May 1st, 2025

Preamble:

This document ("Agreement") constitutes a legally binding agreement between AOP3D, located at 5 Whistlestop Mall, Rockport, MA 01966 ("AOP3D," "Company," "We," "Us," or "Our"), and you, the client ("Client," "You," or "Your"). This Agreement governs your access to and use of AOP3D's various services, including but not limited to tech support, the sale and purchase of refurbished computer equipment, the "Order It 4 Me" procurement assistance service, software warranties, data retrieval, and other related services (collectively, the "Services").

By engaging with, purchasing, or otherwise utilizing any of AOP3D’s Services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained herein, as well as1 any other policies or guidelines referenced, including Our Privacy Policy (to be provided separately, if applicable). If you do not agree to these terms, you must not use Our Services.

This Agreement is intended to be in compliance with the laws of the Commonwealth of Massachusetts, including where applicable, the Massachusetts Consumer Protection Act, M.G.L. c. 93A, and regulations promulgated thereunder such as 940 CMR 3.00 et seq., and the Massachusetts data security regulation, 201 CMR 17.00.

I. General Terms and Conditions Applicable to All Services

1. Eligibility: You represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into this Agreement.2

2. Modifications to Agreement: AOP3D reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. When We do, We will revise the "Effective Date" at the top of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.3 Material changes will be communicated through Our website or via direct communication where feasible.

3. Governing Law and Jurisdiction: This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including4 non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. The parties5 irrevocably agree that the state and federal courts located in Essex County, Massachusetts, or the U.S. District Court for the District of Massachusetts, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this6 Agreement.

4. Entire Agreement: This Agreement, including any documents incorporated by reference, constitutes the entire agreement between You and AOP3D concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties,7 both written and oral, with respect8 to such subject matter.

5. Severability: If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid,9 illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.10

6. Waiver: No waiver by AOP3D of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or11 condition, and any failure of AOP3D12 to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

7. Notices: All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid),13 or certified or registered mail (in each case, return receipt requested, postage pre-paid).14 Client may also contact AOP3D for general inquiries via email at aop3d.com@gmail.com or by phone at 781-507-1606, though legal notices should be sent as prescribed above.

8. Force Majeure: AOP3D shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any15 term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic,16 pandemic, lockouts, strikes or other labor disputes (whether or not relating to Our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

II.17 AOP3D Tech Support Disclaimer (Work Order Specific)

Document Title: Tech Support Work Order Disclaimer

Disclaimer:

This section serves to inform the Client that due to the unpredictable nature of technology and the inherent complexities involved in diagnosing and repairing technological issues, the initial work order or description of the problem provided by the Client may not accurately or completely represent the root cause(s) of the reported issue. Technological systems are complex, and symptoms may be misleading.

Therefore, AOP3D expressly reserves the right to modify or adjust the scope of work, diagnostic procedures, and proposed solutions as necessary to effectively diagnose and resolve the Client's technical issues. The description of the issue as initially provided by the Client is understood to be a starting point for investigation and may not fully encompass all underlying problems or contributing factors.

By engaging AOP3D for tech support services and by signing any specific work order, or by otherwise authorizing work to commence, the Client acknowledges and irrevocably agrees to the following terms:

1. Scope of Work Adjustment: The Client understands and agrees that AOP3D may, based on its professional judgment and findings during the diagnostic and troubleshooting process, alter the original work order or plan of action. This may include, but is not limited to, identifying additional services required, recommending different approaches, or determining that certain initially contemplated actions are unnecessary or ineffective. Any such adjustments that materially affect cost or service time beyond initial estimates will be communicated to the Client for approval where practicable, consistent with 940 CMR 3.08(1) regarding authorization for repairs.

2. No Guarantee of Resolution Based on Initial Description: The Client understands that while AOP3D will employ commercially reasonable efforts and exercise due professional care to resolve the reported issue(s), there is no guarantee that the initial description or symptoms provided by the Client will directly lead to a complete solution, nor that all issues can be resolved, particularly if underlying causes are extensive, intermittent, or involve third-party hardware/software limitations. AOP3D commits to conducting a thorough investigation to identify and address underlying problems to the best of its ability.

3. Communication of Findings: AOP3D will endeavor to keep the Client reasonably informed about any significant changes in the scope of work, emergent findings, revised estimates, and proposed resolutions as they arise during the service process.

4. Acceptance of Terms: By proceeding with tech support services from AOP3D, the Client affirmatively accepts these terms and acknowledges that they have read and understood this Tech Support Work Order Disclaimer.

III. Legal Disclaimer for the Sale and Purchase of Refurbished Laptops and Desktops

By engaging in the acquisition (purchase) of a refurbished laptop or desktop computer ("Refurbished Device") from AOP3D, you, the Client, hereby affirmatively acknowledge and irrevocably consent to the ensuing terms and conditions. These stipulations are unequivocally binding and constitute material terms of the sale.

1. Functionality Guarantee (Limited): AOP3D warrants that all Refurbished Devices have undergone testing and validation procedures intended to ascertain their operational functionality in accordance with typical performance standards for devices of similar age and specification at the juncture of sale. This means the device will power on, boot to an operating system, and key hardware components (e.g., keyboard, screen, basic connectivity) will be functional. Notwithstanding this assurance, AOP3D expressly disclaims any guarantee or warranty, express or implied (except as mandated by Massachusetts law and not waivable), regarding compatibility with specific software applications, programs, operating systems not installed by AOP3D, or peripheral devices not explicitly articulated and confirmed as compatible by AOP3D in writing prior to consummation of the sale. It is the Client's responsibility to verify compatibility with their specific needs.

2. Cosmetic Condition Disclaimer – "AS IS": Refurbished Devices are previously used and, as such, may exhibit cosmetic imperfections that do not materially impinge upon their core operational efficacy. Such imperfections include, but are not limited to:

• Surface scratches, scuffs, or blemishes on the casing, palm rests, or display housing.

• Minor dents, dings, or marks on the exterior surfaces.

• Signs of wear and tear consistent with prior use. AOP3D will make reasonable efforts to describe the general cosmetic condition if significantly below average for a refurbished product, but minor imperfections are to be expected. By finalizing your purchase, you accept the product’s aesthetic condition in its entirety "AS IS" and "WITH ALL FAULTS" to the extent permitted by law, thereby relinquishing any grounds for refunds, exchanges, or grievances predicated solely upon visual appearance, unless the device's condition is substantially different from any specific representations made by AOP3D prior to sale. This does not waive your rights regarding functionality as outlined herein or under non-waivable statutory warranties.

3. Hardware Performance Notice (Audio Limitation): All primary hardware components (e.g., motherboard, CPU, RAM, storage, display) have been scrutinized and validated for optimal functionality relative to the device's original specifications and age. However, with respect to audio hardware, AOP3D categorically disclaims any warranty that refurbished internal audio speakers or microphone components will perform at standards commensurate with new products. Audio quality may be diminished due to age or prior use. In instances where AOP3D, at its sole discretion, identifies significant audio deficiencies in the internal speakers of a purchased Refurbished Device, AOP3D may, as a remedial courtesy and not as an admission of warranty obligation, proffer a complimentary set of basic external speakers. This courtesy, if offered, constitutes the sole remedy for such audio deficiencies.

4. Limited Liability Clause (Refurbished Devices): To the maximum extent permitted by Massachusetts law, AOP3D shall bear no responsibility or liability for:

• Damages, defects, or malfunctions arising from customer misuse, abuse, negligence, improper handling, liquid spills, drops, improper or inadequate maintenance, unauthorized repairs or modifications, or operation outside of manufacturer-specified environmental conditions.

• Loss, corruption, or compromise of data occurring before, during, or subsequent to purchase. It is unequivocally incumbent upon the Client to ensure comprehensive data backups prior to utilization of the Refurbished Device and regularly thereafter. AOP3D is not responsible for pre-existing data on any device, nor for any data loss incurred.

• Compatibility issues with Client’s existing or future software applications, accessories, peripherals, or external devices not expressly warranted as compatible by AOP3D.

• Problems caused by viruses, malware, or other malicious software introduced after the point of sale.

5. Disclaimer of Warranties (Refurbished Devices): EXCEPT AS EXPRESSLY STATED IN SECTION III.1 (FUNCTIONALITY GUARANTEE) AND SECTION V (AOP3D ONE YEAR SOFTWARE LIMITED WARRANTY, IF APPLICABLE TO THE DEVICE SOLD AND PURCHASED SEPARATELY), ALL REFURBISHED DEVICES ARE SOLD “AS-IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY MASSACHUSETTS LAW, AOP3D EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY (except that the device will be functional as described in III.1) AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Some states, including Massachusetts, provide certain non-disclaimable implied warranties. For example, M.G.L. c. 106, § 2-314 (Implied Warranty of Merchantability) generally applies to goods sold by merchants. This disclaimer does not seek to negate any rights you may have under such laws that cannot be lawfully waived or disclaimed. Any such non-waivable statutory warranties are limited to the minimum period and scope required by law.

6. Acceptance of Risk and Terms: By consummating your purchase of a Refurbished Device, you:

• Acknowledge thorough review and comprehension of these terms and conditions.

• Accept the inherent risks associated with purchasing refurbished electronic equipment.

• Waive all claims against AOP3D for issues arising post-purchase that fall outside the scope of the limited Functionality Guarantee (Section III.1), the One Year Software Limited Warranty (Section V, if applicable), or any non-waivable statutory rights.

7. Resolution Policy (Refurbished Devices): Any disputes or claims emanating from your purchase of a Refurbished Device shall be adjudicated exclusively in accordance with the laws of the Commonwealth of Massachusetts and within its court system as stipulated in Section I.3. AOP3D reserves the unilateral right to refuse returns, exchanges, or supplementary services beyond its stated warranty obligations and return policy (Section IX), at its sole discretion, subject to compliance with Massachusetts consumer protection laws, including M.G.L. c. 93A.

• Notice regarding M.G.L. c. 93A: You are advised that M.G.L. c. 93A provides protections against unfair or deceptive trade practices. Nothing in this Agreement is intended to waive rights under M.G.L. c. 93A that cannot be waived.

IV. AOP3D One Year Software Limited Warranty (Applicable to specific purchases where indicated)

This One Year Software Limited Warranty ("Software Warranty") is conferred by AOP3D and encompasses specific electronics explicitly designated at the point of sale as being covered by this Software Warranty, acquired directly from AOP3D for a duration of one (1) year from the original documented date of purchase ("Warranty Period"). This Software Warranty is exclusively valid for the original purchaser and is strictly non-transferable.

1. Warranty Coverage: Pursuant to this Software Warranty provision, AOP3D warrants that the operating system software and AOP3D-installed core utility software on the covered electronics shall be substantially free from defects that prevent the basic operation of said software under conditions of normal use and service as intended by AOP3D for the Warranty Period. Should such a covered software defect manifest within the Warranty Period, AOP3D shall, at its sole option and expense (except for shipping costs as outlined below):

1. Undertake commercially reasonable efforts to repair the defective software (e.g., by reinstallation, reconfiguration, or applying patches) at no charge to the Client for labor related to the software repair; OR

2. If software repair is deemed impractical by AOP3D, provide guidance on alternative software solutions if available. This warranty pertains to the software as configured and provided by AOP3D at the time of sale. It does not cover issues arising from user modifications, third-party software installations, malware, or hardware failures.

2. Warranty Claim Process: To initiate a claim under this Software Warranty:

1. The Client must engage with AOP3D Customer Service to describe the issue and, if deemed potentially covered by AOP3D, procure a Return Merchandise Authorization (RMA) number. Contact must be made via electronic correspondence at aop3d.com@gmail.com.

2. The Client must furnish valid proof of purchase documentation, clearly indicating the date of purchase and the item covered.

3. If AOP3D determines that the device needs to be returned for software service, the Client must return the product to AOP3D, at Client's expense, within seven (7) calendar days following RMA issuance, unless otherwise agreed in writing. The product must be packaged appropriately to prevent damage during transit. AOP3D is not responsible for damage incurred during shipping to AOP3D.

3. Exclusions and Limitations: This Software Warranty is subject to the following exclusions and limitations:

1. User Data: This Software Warranty expressly excludes coverage for any Client data, personal files, applications installed by the Client, or any resultant data loss or corruption, whether occurring before, during, or after warranty service. Clients are solely responsible for backing up all data prior to seeking warranty service. AOP3D may need to reformat or reset storage media to service software, which will result in data loss.

2. Third-Party Software and Services: This Software Warranty does not extend to software not pre-installed by AOP3D, operating system upgrades not performed or authorized by AOP3D, or services rendered by entities other than AOP3D.

3. Hardware: This is a software-only warranty. It does not cover any hardware components, hardware-related failures, or software issues directly caused by hardware malfunctions. Hardware may be covered under separate terms, if any (e.g., Section III for refurbished devices).

4. Transportation Costs: Customers shall bear all responsibility and costs for shipping the product to AOP3D for warranty service. AOP3D will cover the cost of standard return shipping to the Client within the continental United States if the issue is determined to be a covered software defect. Expedited shipping or shipping outside this area will be at the Client's expense.

5. Compatibility Issues: This Software Warranty does not encompass complications or failures arising from the use of non-recommended, incompatible, or improperly installed third-party software, hardware, peripherals, or accessories.

6. Misuse or Unauthorized Modification: This Software Warranty is void if the software issues are a result of misuse, accident, abuse, neglect, unauthorized modification of the software or operating system by the Client, operation outside of AOP3D's or the original manufacturer's specifications, malware, viruses, or acts of God.

4. Limitation of Liability (Software Warranty): TO THE FULLEST EXTENT PERMISSIBLE UNDER PREVAILING MASSACHUSETTS LAW, AOP3D'S TOTAL LIABILITY UNDER THIS SOFTWARE WARRANTY SHALL BE STRICTLY CIRCUMSCRIBED TO THE ORIGINAL PURCHASE PRICE PAID TO AOP3D FOR THE SOFTWARE SERVICE OR THE AFFECTED ELECTRONIC PRODUCT IF THE SOFTWARE WAS BUNDLED AND NOT SEPARATELY PRICED, OR THE COST OF REPAIR OF THE DEFECTIVE SOFTWARE, WHICHEVER IS LESS. AOP3D SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USAGE OR INABILITY TO UTILIZE SAID PRODUCT OR SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, EVEN IF AOP3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you if you reside in such a state. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.18

V. AOP3D Tech Support Services Agreement (General On-Site/Remote Support)

This AOP3D Tech Support Services Agreement ("Support Agreement") is executed as of the date of service engagement or electronic acceptance ("Effective Date"), by and between AOP3D TECH ("Service Provider"), situated at 5 Whistlestop Mall, Rockport, MA 01966, and the undersigned client or entity engaging services ("Client"). By engaging the Service Provider for technical support services, Client consents to adhere to the following stipulations:

1. Services Provided: The Service Provider commits to delivering technical support services ("Services") which may encompass, but are not limited to, diagnosis of hardware and software issues, repair of computer systems and peripherals, installation of hardware and software, network troubleshooting and setup, system configuration, technical consultation, and data recovery endeavors where explicitly agreed. The specific scope of Services for each engagement will be as agreed upon orally or in a written work order, subject to the terms of Section II (Tech Support Work Order Disclaimer).

2. Initial Service Fee / Diagnostic Fee: The Client agrees to remit a mandatory minimum fee, typically amounting to sixty dollars ($60.00) ("Initial Service Fee" or "Diagnostic Fee") for the inaugural hour of service or any portion thereof, or for the initial diagnostic assessment, as applicable and stated at the time of engagement. This fee must be satisfied in full prior to or at the time services are initiated, unless other arrangements are expressly made in writing with AOP3D. This fee covers the initial labor and assessment, regardless of whether a full resolution is achieved within that first hour or if the Client declines further services after diagnosis.

3. Additional Service Fees: Should services extend beyond the period covered by the Initial Service Fee (e.g., beyond one hour's duration if billed hourly), or if additional parts or services are required, supplementary charges will be levied at rates previously communicated to the Client or as per AOP3D's standard service rates. The Service Provider will seek Client authorization before proceeding with work that will incur charges significantly exceeding any initial estimate, in accordance with 940 CMR 3.08(1).

4. Data Backup Responsibility – CRITICAL NOTICE: THE CLIENT ACKNOWLEDGES AND AGREES THAT THEY ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING COMPREHENSIVE AND VERIFIED BACKUPS OF ALL SOFTWARE, DATA, INFORMATION, AND FILES STORED ON ANY COMPUTER, HARD DRIVE, STORAGE DEVICE, OR ANY OTHER MEDIA ("CLIENT DATA") PRIOR TO SUBMITTING DEVICES FOR SERVICING OR ALLOWING THE SERVICE PROVIDER TO COMMENCE WORK. The Service Provider shall not be liable under any circumstances for any loss, alteration, corruption, or compromise of Client Data, software, or hardware, unless such loss is directly and solely caused by the gross negligence or willful misconduct of the Service Provider. Data recovery services, if offered, are separate and involve inherent risks of further data loss, for which the Service Provider's liability is strictly limited as per Section VII herein and specific terms for data recovery.

5. Device Wipe Authorization (Factory Reset): In certain circumstances, a factory reset or complete operating system reinstallation may be necessary to resolve technical issues. The Service Provider shall procure explicit written or clearly documented verbal consent from the Client prior to executing such procedures if they are deemed necessary and will result in the erasure of Client Data.

6. Device Collection and Storage Fees: The Client must reclaim any devices or equipment left with the Service Provider within one (1) week (seven calendar days) following notification from the Service Provider that service is complete or that the device is ready for pickup. Failure to reclaim devices within this period may result in the imposition of reasonable storage fees, at a rate to be determined by AOP3D. Devices not reclaimed within sixty (60) days after notification may be deemed abandoned and disposed of by AOP3D in accordance with applicable Massachusetts law, without further liability to the Client, after reasonable attempts to contact the Client have failed. Any proceeds from disposal, less outstanding service and storage fees, will be handled as required by law.

7. Limitation of Liability (Tech Support Services): EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY MASSACHUSETTS LAW, THE SERVICE PROVIDER'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES RENDERED UNDER THIS SUPPORT AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO THE SERVICE PROVIDER FOR THE SPECIFIC SERVICE ENGAGEMENT GIVING RISE TO THE CLAIM. THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR SYSTEM DOWNTIME) ARISING FROM OR RELATED TO THE SERVICES RENDERED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation is integral to the pricing of the Services. This does not limit liability for personal injury caused by negligence, or for fraud, or for any other liability which cannot be excluded or limited under Massachusetts law, including Client's rights under M.G.L. c. 93A where applicable.

8. Indemnification: The Client agrees to indemnify, defend, and hold harmless the Service Provider, its owners, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees)19 arising out of or in connection20 with (i) the Client's misuse of the services or any device repaired or configured by the Service Provider; (ii) Client's breach of this Agreement; or (iii) Client's infringement of any third-party rights. This indemnification obligation shall survive the termination or expiration of this Agreement.21

9. Termination: Either party may terminate this Support Agreement or a specific service engagement with written notice if the other party breaches a material term of this Agreement and fails to cure such breach within a reasonable period (e.g., 10 days) after receiving written notice thereof. The Client remains obligated to pay for all Services rendered and costs incurred up to the effective date of termination. AOP3D reserves the right to cease services immediately if the Client engages in abusive behavior or illegal requests.

10. Compliance with 940 CMR 3.08 (Repairs and Services): AOP3D strives to comply with Massachusetts regulations regarding repairs and services, including:

• Providing written estimates upon request before commencing repairs, or the basis for charges.

• Not charging for repairs not authorized by the customer.

• Not misrepresenting the need for repairs or that repairs have been made.

• Providing an itemized list of repairs performed and parts supplied upon request.

VI. Disclaimer for Data Retrieval and Transfer Services

By availing yourself of AOP3D's data retrieval or data transfer services ("Data Services"), you acknowledge and agree to the following terms, which are critical to the provision of these specialized services:

1. Confidentiality of Data: AOP3D regards all client data encountered during Data Services as confidential. AOP3D and its personnel will not intentionally access, view, or disclose the contents of client files except as strictly necessary to perform the requested Data Services (e.g., to verify transfer completion, to assess recovery feasibility). This commitment is subject to legal obligations, such as responding to lawful court orders or reporting illegal content if inadvertently discovered.

2. Presumption Regarding Missing Files: If, upon review of retrieved or transferred data, the Client deems certain files to be missing or incomplete, it is presumed that such files were likely already missing, corrupted, encrypted beyond recovery, or otherwise inaccessible on the source media prior to AOP3D commencing Data Services. Data recovery is not always successful, and the condition of the source media is a primary limiting factor. AOP3D makes no guarantee as to the percentage or completeness of data that can be recovered or transferred.

3. Client's Independent Backup Obligation – CRITICAL: Users are unequivocally compelled and solely responsible for maintaining reliable, regular, and verified backups of their data independently of AOP3D's services. Data Services are not a substitute for a robust backup strategy. You should assume that any device submitted for Data Services could suffer a complete data loss due to the fragile nature of failing storage media.

4. Limitation of Liability for Data Loss: AOP3D shall not assume liability for any data loss, corruption, or unavailability incurred prior to, during, or subsequent to the execution of Data Services, except where such loss is proven to be directly and solely caused by the gross negligence or willful misconduct of AOP3D. The nature of data recovery from damaged or failing media means there is an inherent risk of further data degradation or loss, for which AOP3D cannot be held responsible. If data is deemed unrecoverable, or if the Client declines services after evaluation, AOP3D is not liable for the pre-existing condition of the data. The Client's sole remedy in the event of data loss attributable to AOP3D's gross negligence or willful misconduct shall be limited to the fees paid for the specific Data Service engagement.

VII. Terms of Service for AOP3D Tech Support Subscriptions (If Offered)

Effective Date: As of Subscription Enrollment

These terms apply if you enroll in a recurring AOP3D Tech Support Subscription plan ("Subscription Service").

1. Acceptance of Terms: By enrolling in Our Subscription Service, you acknowledge that you have read, understood, and agree to be bound by these Subscription Service Terms, in addition to the General Terms and Conditions (Section I) and other relevant sections of this Agreement.

2. Service Commitment and Duration: Unless otherwise specified in Your subscription plan details, the service commitment for the Subscription Service typically extends over a period of twelve (12) months ("Initial Term") commencing from the sign-up date.

3. Cancellation Policy:

• Cancellation After Initial Term: Cancellation of the Subscription Service is permissible by the Client only after the completion of the Initial Term, or any then-current renewal term, provided that the Client gives AOP3D appropriate written notice (e.g., 30 days prior to the renewal date) as specified in the subscription plan details or by contacting AOP3D Customer Service.

• Early Cancellation: If early cancellation within the Initial Term is permitted under your specific plan, it may be subject to an early termination fee as detailed in your subscription agreement.

• AOP3D reserves the right to cancel your subscription with reasonable notice or immediately for non-payment or breach of these terms.

4. Payment and Renewal:

• Payments for the Subscription Service are due at the time of enrollment for the first billing cycle and subsequently in accordance with the selected payment frequency (e.g., monthly, annually).

• AUTOMATIC RENEWAL: UNLESS YOU NOTIFY AOP3D BEFORE THE END OF THE APPLICABLE SUBSCRIPTION PERIOD THAT YOU WANT TO CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW22 FOR SUCCESSIVE PERIODS EQUAL IN LENGTH TO THE INITIAL TERM (OR AS OTHERWISE SPECIFIED), AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE (PLUS ANY APPLICABLE TAXES) USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

• It is your responsibility to ensure your payment information is current and valid. Failure to make timely payments may result in suspension or termination of your Subscription Service.

5. Scope of Subscription Service: The specific services, response times, and limitations covered by your Subscription Service will be detailed in your individual subscription plan description. Services outside the scope of the subscription plan may be available at AOP3D's standard rates.

6. Modifications to Subscription Service or Terms: AOP3D reserves the right to modify the scope, fees, or terms of the Subscription Service. Any material changes will be communicated to you with reasonable advance notice (e.g., via email or posting on our website), typically before your next renewal period. Your continued use of the Subscription Service after such modifications become effective and after your next renewal constitutes your acceptance of the changes. If you do not agree to the changes, your sole remedy is to cancel your subscription in accordance with the cancellation policy.

For inquiries regarding these Subscription Service Terms or your subscription plan:

• Email: aop3d.com@gmail.com

• Phone: 781-507-1606

VIII. AOP3D "Order It 4 Me" Service Disclaimer (Procurement Assistance)

Please read this disclaimer carefully. By using the AOP3D "Order It 4 Me" service (the "Procurement Service"), you, the Client, acknowledge and agree to the terms outlined below. This Procurement Service is subject to the General Terms and Conditions (Section I) of this Agreement.

1. Nature of Service: AOP3D provides a procurement assistance and facilitation service. Our role is to assist you, the Client, in identifying, selecting, and placing orders for items ("Products") from third-party retailers, such as Amazon.com or other online vendors ("Third-Party Retailers"). AOP3D does not sell, resell, manufacture, stock, or own any of the Products you choose to purchase through this Procurement Service. We act as your agent or facilitator for the purpose of placing the order with the Third-Party Retailer.

2. Direct Purchase from Third-Party Retailers: When you utilize our Procurement Service to order Products, you understand and agree that you are purchasing those Products directly from the Third-Party Retailer, not from AOP3D. AOP3D facilitates this purchase on your behalf as a service. The contract of sale for the Product is between you and the Third-Party Retailer. All terms of sale, including but not limited to product pricing, shipping, handling, returns, exchanges, defects, and product warranties, are governed by the policies of the respective Third-Party Retailer. It is your responsibility to review and understand the Third-Party Retailer’s terms and conditions and privacy policies.

3. No Charge by AOP3D for Items Purchased: AOP3D does not add any markup to the cost of the Products you purchase from Third-Party Retailers. Any price quoted to you by AOP3D for a Product will be its specific cost as listed by the Third-Party Retailer (e.g., Amazon) at the time of procurement, plus any applicable taxes or shipping fees charged by the Third-Party Retailer.

4. Service Fee for Procurement Assistance: AOP3D's fee for the Procurement Service ("Service Fee") is solely for the procurement assistance we provide. This assistance includes, but is not limited to, helping you identify suitable products based on your requests, placing the order with the Third-Party Retailer on your behalf, managing payment to the Third-Party Retailer (using funds you provide or a payment method you authorize for this purpose), coordinating shipping logistics if applicable (based on the Third-Party Retailer’s options), and providing customer support related to the ordering process itself. This Service Fee is separate and distinct from the cost of the Products you purchase and any associated charges from the Third-Party Retailer. AOP3D does not make any profit from the sale of the Products themselves. The Service Fee will be clearly communicated to you before you authorize AOP3D to proceed with an order.

5. No Responsibility or Liability for Purchased Products: Because AOP3D is not the seller, manufacturer, or distributor of the Products, and has no involvement in their design, manufacturing, quality control, or functionality, AOP3D assumes absolutely no liability or responsibility for:

• The quality, safety, legality, efficacy, accuracy, or fitness for a particular purpose of any Product purchased.

• The accuracy or completeness of product descriptions, images, specifications, or pricing provided by Third-Party Retailers. AOP3D will relay information as provided by the Third-Party Retailer but does not independently verify it.

• Any defects, malfunctions, damage, or issues related to the Products themselves.

• Shipping delays, damage during transit, mis-delivery, or loss of items once they are in the possession of the Third-Party Retailer or their designated shipping carrier.

• Product recalls, safety warnings, or any harm or injury caused by the Product.

• Any disputes, disagreements, or issues arising between you and the Third-Party Retailer, including but not limited to issues with returns, refunds, or warranty claims. AOP3D may, at its discretion, offer reasonable assistance in communicating with the Third-Party Retailer on your behalf, but is not obligated to do so and does not guarantee any particular outcome.

6. Client Authorization and Payment for Products: You authorize AOP3D to act as your agent to place orders with Third-Party Retailers on your behalf and to use the payment information you provide for the purpose of paying the Third-Party Retailer for the Products and any associated costs (such as taxes and shipping). You agree to provide sufficient funds or ensure your payment method is valid and has adequate credit to cover the full cost of the Products and the AOP3D Service Fee.

7. User Agreement Acknowledgment: The nature of our Procurement Services, including how we handle such third-party purchases, the clear distinction between our Service Fees and the cost of goods procured, and other important terms and conditions, are detailed in this overall Agreement. You acknowledge that by using the Procurement Service, you have reviewed, understood, and agreed to these terms.

8. Limitation of Liability (Procurement Service): TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE MASSACHUSETTS LAW, AOP3D’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PROVISION OF THE PROCUREMENT SERVICE SHALL BE LIMITED TO THE AMOUNT OF THE SERVICE FEE PAID BY YOU TO AOP3D FOR THE SPECIFIC PROCUREMENT SERVICE ENGAGEMENT GIVING RISE TO THE CLAIM. AOP3D SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AOP3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROCUREMENT SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PROCUREMENT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING23 THIRD-PARTY RETAILERS) ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PROCUREMENT SERVICE OR THE PRODUCTS PROCURED.

By proceeding to use AOP3D's "Order It 4 Me" Procurement Service, you confirm that you understand and agree to this disclaimer and these terms in their entirety.

IX. AOP3D Return Policy

1. General Statement: All transactions for services and physical products through AOP3D are governed by this Return Policy. This policy is intended to comply with Massachusetts consumer protection statutes, including M.G.L. c. 93A, and applicable regulations such as 940 CMR 3.13 (Refund, Return and Cancellation Privileges). Where this policy conflicts with non-waivable rights under Massachusetts law, Massachusetts law shall prevail.

2. Tech Support Service Fees: Fees associated with tech support services, diagnostic services, labor, consultation, and the "Order It 4 Me" Procurement Service are for services rendered or to be rendered. As such, these fees are generally irrevocable and non-refundable once service has commenced or expenses have been incurred on your behalf.

• If you cancel a scheduled service appointment with reasonable advance notice (typically 24 hours, unless otherwise stated), any pre-paid fees for unrendered services may be refundable or applicable to a future service, at AOP3D's discretion.

• If AOP3D is unable to resolve an issue due to its complexity or factors beyond its control, service fees for time and effort already expended may still apply, as per the terms of the Tech Support Services Agreement (Section V).

3. Physical Products (e.g., Refurbished Laptops/Desktops, Parts):

• Defective Products: In accordance with Massachusetts law (e.g., the implied warranty of merchantability, M.G.L. c. 106, § 2-314, and 940 CMR 3.08(2)), if a physical product sold by AOP3D (and not merely procured from a third party on your behalf) is verified by AOP3D to be defective in materials or workmanship at the time of sale, or fails to perform as per any express written warranty provided by AOP3D within the specified warranty period, you are entitled to a remedy. AOP3D will, at its option, and in compliance with applicable law: (a) repair the defective product; (b) replace the defective product with a product of equal or greater functionality; or (c) provide a refund of the purchase price paid to AOP3D.

• To claim a remedy for a defective product, you must notify AOP3D within thirty (30) calendar days from the date of purchase, or within the product’s specific AOP3D warranty period if longer, and provide valid proof of purchase from AOP3D. An RMA may be required.

• This does not apply to defects caused by misuse, accident, unauthorized modification, or other exclusions as detailed in relevant warranty sections (e.g., Section III for Refurbished Devices).

• Non-Defective Product Returns ("Change of Mind"): For physical products that are not defective, AOP3D is not legally obligated to accept returns or offer refunds in Massachusetts unless its policy, clearly and conspicuously disclosed at or before the point of sale, states otherwise. AOP3D's general policy for non-defective physical products is that all sales are final. Any exceptions to this are at AOP3D's sole discretion and must be agreed upon in writing at the time of sale. If a discretionary return for a non-defective product is permitted by AOP3D, it may be subject to a restocking fee, and the product must be returned in its original sale condition with all accessories and packaging.

• "As-Is" Sales: For products explicitly sold "as-is" and "with all faults" (see Section III.2 and III.5 for Refurbished Devices), returns are generally not accepted except for non-waivable statutory rights or if the product was significantly misrepresented by AOP3D beyond the disclosed "as-is" condition.

4. Products Procured via "Order It 4 Me" Service: For products purchased from Third-Party Retailers via the "Order It 4 Me" Procurement Service (Section VIII), returns, refunds, and exchanges are subject exclusively to the policies of the Third-Party Retailer (e.g., Amazon). AOP3D’s Service Fee for the procurement assistance is non-refundable once the order has been placed with the Third-Party Retailer. AOP3D may offer reasonable assistance in navigating the Third-Party Retailer's return process as part of its service, but does not control and is not responsible for the Third-Party Retailer’s decisions or policies.

5. Contact for Returns: For assistance or inquiries regarding returns or warranty claims for products or services directly provided by AOP3D, please contact us at aop3d.com@gmail.com or call 781-507-1606. You will need to provide proof of purchase and a description of the issue.

X. Client Acknowledgements and Responsibilities

1. Accurate Information: You agree to provide accurate, current, and complete information as requested by AOP3D for the provision of Services.

2. Lawful Use: You agree to use the Services and any products obtained through AOP3D only for lawful purposes and in accordance with this Agreement and applicable laws.

3. Software Licensing: You represent and warrant that you own valid licenses for all software you provide to AOP3D or ask AOP3D to install or service on your behalf. AOP3D may refuse to install or service unlicensed software.

4. Cooperation: You agree to cooperate reasonably with AOP3D to facilitate the provision of Services, including providing access to equipment, necessary passwords (understanding the security risks and AOP3D's confidentiality commitments), and a safe working environment if on-site services are provided.

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XI. Final Legal Disclaimer – Not Legal Advice

THIS DOCUMENT, "AOP3D LEGAL DISCLAIMER, WARRANTY, AND TERMS OF SERVICE," IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. AOP3D IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL COUNSEL. THE INFORMATION CONTAINED HEREIN IS INTENDED TO REFLECT AOP3D'S BUSINESS PRACTICES, POLICIES, AND THE TERMS UNDER WHICH IT OFFERS ITS SERVICES, WITH CONSIDERATION FOR THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS.

LAWS AND REGULATIONS ARE SUBJECT TO CHANGE AND VARY BY JURISDICTION. THE APPLICATION AND IMPACT OF LAWS CAN VARY WIDELY BASED ON THE SPECIFIC FACTS INVOLVED. WHILE AOP3D HAS MADE AN EFFORT TO ENSURE THE INFORMATION IS CURRENT AND APPLICABLE TO ITS SERVICES AS OFFERED IN MASSACHUSETTS, IT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR APPLICABILITY OF THIS DOCUMENT TO YOUR SPECIFIC CIRCUMSTANCES OR ITS COMPLIANCE WITH ALL POSSIBLE LEGAL REQUIREMENTS.

AOP3D STRONGLY RECOMMENDS THAT YOU CONSULT WITH A QUALIFIED ATTORNEY LICENSED IN THE COMMONWEALTH OF MASSACHUSETTS TO REVIEW THIS AGREEMENT AND TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR LEGAL MATTER OR CONCERN YOU MAY HAVE REGARDING YOUR RIGHTS AND OBLIGATIONS HEREUNDER, OR REGARDING AOP3D'S SERVICES IN GENERAL. YOUR ENGAGEMENT OF AOP3D'S SERVICES SIGNIFIES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS, INCLUDING THIS DISCLAIMER.

NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY YOUR USE OF AOP3D'S SERVICES OR YOUR REVIEW OF THIS DOCUMENT.

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Acceptance:

By utilizing any services offered by AOP3D, or by signing a specific work order or agreement that references these terms, you signify your knowing and voluntary acceptance of this entire AOP3D Legal Disclaimer, Warranty, and Terms of Service.

AOP3D

5 Whistlestop Mall

Rockport, MA 01966

aop3d.com@gmail.com

781-507-1606

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Sincerely,

The AOP3D Team