Pre-Order Terms and Conditions
These Pre-Order Terms and Conditions (these “Terms”) govern the placing of a pre-order (“Pre-Order”) with Unplugged US, LLC (“we” or “us”) for an UP Phone (the “Device”) for Pre-Orders made between September 1, 2023 and April 20, 2024. For the terms and conditions of orders made before September 1, 2023, click here.
Please read all of these Terms carefully before submitting your Pre-Order. By submitting your Pre-Order, you agree to be legally bound by these Terms.
1. Pre-Order Reservation
When placing a Pre-Order for a Device through our website, www.unplugged.com (the “Website”), you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate. We shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information in the case we have received from you inaccurate or outdated information. You can update your information at any time prior to your Device being shipped by sending an email to support@unplugged.com.
2. Pre-Order Eligibility: Age and Residency
You acknowledge that you are at least 18 years old, are a resident of the Unites States, and will take delivery of your Device in the United States. In addition, if you are pre-ordering a Device on behalf of a company, organization or entity (an “Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms and such Entity agrees to be bound by these Terms.
3. Payment
The price for each Device is US$949 (nine hundred and forty-nine US Dollars). An additional shipping fee of US$25 (twenty-five US Dollars) (the "Shipping Fee") will be applied to each pre-order. The combined cost of the Device(s) and the Shipping Fee is referred to as the "Fee". Upon placing your Pre-Order, you will be charged a deposit of US$449 (four hundred and forty-nine US Dollars) for every Device you order. The remaining balance, which consists of US$500 (five hundred US Dollars) per Device plus the US$25 Shipping Fee, will be automatically charged to your credit/debit card 14 days prior to shipping. You will be notified via email 14 days before this charge is made.
If the payment of the remaining amount is unsuccessful, we will inform you via email and provide a timeframe of 14 days to complete the payment. Should the payment not be made within this 14-day period, we may treat your order as a cancelled in accordance with the terms of Clause 6.
The Fee does not include sales tax. Sales tax will be calculated and added to the total at the time of payment, based on the tax rate associated with your shipping address. All payments, including the Fee, must be made in US dollars using a supported credit or debit card.
4. Included UP App Suite Subscription
Each Device comes with time-limited UP App Suite Premium subscription which includes the following Android apps: UP Messenger, UP VPN, and UP Antivirus. Within 48-hours after our acceptance of your Device Pre-Order, you will receive a coupon code to the email address you provided which will allow you to use the UP App Suite on your current supported Android device until such time as you receive the pre-ordered Device (See Appendix C for the minimum requirements required to run these apps). Your UP App Suite subscription is free of charge for the period of time beginning when we accept your Pre-Order and until your Device is delivered to you, plus for an additional period of one year. Your access to and use of the applications in the UP App Suite and any software embedded within the Device (including, without limitation, our operating system) is conditioned on your acceptance of and compliance with the UP App Suite terms and conditions and our Privacy Policy.
5. No Guarantee of Shipping Date
You are placing a pre-order for a Device that will enter production once we achieve our pre-order target of 6,000 device orders. The specific shipping date for your Device(s) will be influenced by several factors. We project that your Device(s) will be shipped within 150 calendar days from the date we reach the pre-order target. You will be notified via email when we meet the pre-order objective and again before your credit/debit card is charged with the remainder of the Fee.
6. Cancellation / Refund
Until your Device is shipped to you, you may cancel your Pre-Order and receive a full refund of your Fee. To cancel, send an email to support@unplugged.com from the email address associated with your Pre-Order or make the request through our Website. Refunds will be processed in US Dollars even if your original payment was made in different currency.
If we are unable to successfully process the remainder of your payment (due 14 days before shipping), we will notify you via email. You will then have 14 days to complete the payment. If, after this 14-day period, the payment remains outstanding, we reserve the right to consider your order as cancelled. and refund your deposit.
Should you cancel your Pre-Order, your UP App Suite Premium Subscription will be terminated immediately. However, you can still access and use the free version of the UP App Suite or purchase a Premium Subscription.
We reserve the right to: (i) decline any Pre-Order (or part of any order) if the Devices are unavailable for any reason; (ii) decline any Pre-Order (or part of any order) if there has been an error or inaccuracy in the description of the Device or the pricing of the Device on our website; (iii) place restrictions on the volumes of any Device ordered if the availability of a Device is limited; and (iv) place restrictions on the volumes of any Device ordered in accordance with our standard procedures relating to compliance with the laws and regulations in your territory.
We reserve the right, at our sole discretion, to cancel the Pre-Orders at any time. Should we choose to exercise this right, we will provide a full refund of the deposits paid for the pre-ordered Devices. No further compensation or claims beyond the full refund of the deposit will be entertained.
7. Final Device Configuration
The specifications of the Devices shall be, at a minimum, the ones presented in Appendix A (the “Device Specs”). The Device shipped to you may be slightly different from the Device Specs. In case of a material adverse change to the Device Specs, you will be notified and may elect to cancel your Pre-Order.
8. Returns
You may return your Device up to 14-days from the day of delivery of the Device to you in its original packaging, whether opened or unopened, and receive a refund of the Fee. Return shipping shall be arranged and paid at your expense. We shall not be responsible for damages or lost shipments, and we suggest using a tracked and insured shipping method. To coordinate your return, please contact our support through our website or via support@unplugged.com. Your UP App Suite Premium subscription will be cancelled once you request to return your Device.
9. Limited Warranty
Each Device comes with 1-year limited warranty subject to the terms and conditions set forth in Appendix B.
10. Entire Agreement, Modification and Severability
We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Pre-Order.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL WE OR OUR AFFILIATES, DISTRIBUTORS, MARKETERS OR AGENTS (“UP AFFILIATES”) BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE OR UP AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE OR UP AFFILIATES ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR PRE-ORDER, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT OF YOUR FEE.
12. Title, Proletary Rights, Privacy Policy
Title will pass to you upon delivery of the Device to the delivery address you provided. We will be responsible and bear the risk of loss or damage for the Device until the Device is delivered to your address, regardless of the transfer of title. Notwithstanding the foregoing, you do not acquire any property or proprietary rights, including, without limitation, in any software, technical data, know-how, processes, algorithms, code, users manuals, documentation, or applications incorporated, embedded, included or otherwise provided in or with the Device (referred to herein as "Device Technology"), other than the right to use the Device Technology for its intended use with the Device, as shall be detailed under the applicable terms and conditions of such Device Technology, and you hereby agree to be bound by such applicable terms and conditions and/or license terms. We remain the exclusive owner of any intellectual or industrial property rights relating to the Device Technology and any and all trademarks represented by our company name, logos, and product names. You understand that the Device Technology may be protected by patent, copyright and trade secret laws. You shall not copy or duplicate, remanufacture, translate, reverse engineer, decompile, or disassemble all or any part of the Device or the Device Technology, nor shall you permit any other person whosoever to copy or duplicate, remanufacture, translate, reverse engineer, decompile, or disassemble, all or any part of the Device or the Device Technology, in any manner.
All personal information that you provide to us when placing a Pre-Order and/or when using any of the Device Technology and/or using any of the application under in the UP App Suite will be administered by us in accordance with our Privacy Policy, which appears on our Website, and may be updated from time to time.
13. Force Majeure
We shall not be liable for any damage and/or loss of any kind due to default or delay in the performance of any obligations to you caused by or related to any circumstances of force majeure, including, but not limited to, pandemic, epidemic, disease, act of God, fire, war, terrorism, hostilities, accident, scarcity of supplies, government action, or any other circumstances beyond our reasonable control.
14. Applicable Law
These Terms, and any related non-contractual disputes or claims, are governed exclusively by the laws of the state of Delaware, without regard to its conflict of laws principles. The parties agree that any actions or proceedings arising out of or relating to these Terms shall be exclusively venued in the state or federal courts located in the state of Delaware, and the parties hereby irrevocably submit to the exclusive jurisdiction of such courts. You may not assign this Agreement or any of the rights granted to you hereunder.
Appendix A
Device Specs
Operating System: LibertOS
Capacity: 256GB
RAM: 8GB
Display: Amoled 6.67” with Gorilla Glass, FHD+ 1080x2400
Tray for Nano SIM card + Micro SD
Supports up to 1 SIM Card and 1 eSIM
CPU MTK Dimensity 1200
Triple Rear Camera: 108 MP (main), 8 MP (wide) and 5 MP (Macro)
Front Camera: 32 MP
Biometrics Fingerprint Sensor (on power button)
Additional Sensors: Compass, Gyro, G-sensor, Light-sensor, Proximity sensor, Barometer
Battery: 4300mAh
Quick Charging (33W)
WIFI: 2.4GHZ+5GHZ W52, W53, W56
Bluetooth: BT5.2
USB: USB type C
GPS: Yes (L1+L5 GNSS)
Appendix B
Limited Warranty
By using the Device you are agreeing to be bound by the terms of this limited warranty as set out below.
What is covered by this Limited Warranty?
We warrant to you that for a period of 12 months from the date of delivery of the Device to you (”Warranty Period”) that such Device is free from defects in material and workmanship when used normally and in accordance with our published guidelines (the “Limited Warranty”). Our published guidelines include but are not limited to information related to the storage, installation, commissioning, use or maintenance of the Device contained in technical specifications, user manuals, service communications and all applicable terms and conditions and/or terms of use applicable to the Device.
What is not covered by this Limited Warranty?
This Limited Warranty does not apply to any product, other than the Device, manufactured by a third party, even if packaged or sold with the Device. Any software distributed by us (including the Device’s operating systems and any of our applications) is not covered by this Limited Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. We do not warrant that the operation of the Device will be uninterrupted or error-free. We are not responsible for damage arising from failure to follow instructions relating to the Device’s use.
This Limited Warranty does not apply: (a) to consumable parts, such as that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Device’s specifications; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Device outside our published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of us; (g) to a Device that has been modified to alter functionality or capability without the written permission of us; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Device; (i) if you cannot prove in any way that you are the authorized owner of the Device (e.g., by presenting proof of purchase); (j) if you make any further use of the Device although we instructed you not to do so after giving notice for the obtainment of the Limited Warranty as described below and (k) any warranty of merchantability, warranty of fitness for a particular purpose, warranty for title, warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
How to obtain Limited Warranty services?
You shall inform us in writing, without delay, when you discover a defect by sending an email to support@unplugged.com or using the contact forms available on our website.
Notwithstanding the aforementioned, we shall not be liable for a breach of the Limited Warranty unless: (i) you gave us a written notice of the defect within the Warranty Period which shall be given after no more than 14 days from the time when you discovered or ought to have discovered the defect; (ii) such notice shall reasonably describe the defect and/or failure (iii) We were given a reasonable opportunity after receiving the notice to examine such Device and you shall (if requested to do so by us) return such Device to our place of business at our cost for the examination; and (iv) We reasonably verified your claim that the Device is defective.
Limited Warranty service options and remedies:
Subject to all other terms of this Limited Warranty, we will provide you with the Limited Warranty service, during the Warranty Period, through one or more of the following options, as we may decide in our sole discretion: (i) repair or replace such Device (or the defective part) or (ii) credit or refund the price of such Device at the pro rata contract rate provided that, if we so requests, you shall, at our expense, return such Device to us.
Limitation of liability and sole remedy:
THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS LIMITED WARRANTY.
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL WE OR OUR AFFILIATES, DISTRIBUTORS, MARKETERS OR AGENTS (“UP AFFILIATES”) BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE OR UP AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
Appendix C
Minimum UP App Suite Requirements
Android 7 and above (Arm 64bit)