Terms and Conditions

WEBSITE TERMS OF USE, TERMS OF SALE, PRODUCT USE AGREEMENT, WARRANTY DISCLAIMER, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY

Effective Date: 01/01/2025

These Website Terms of Use, Terms of Sale, Product Use Agreement, Warranty Disclaimer, Assumption of Risk, and Limitation of Liability (the "Agreement") govern access to and use of the Company's website, the purchase and sale of Products, and all interactions between PowerBox-Systems Americas, LLC, a Florida limited liability company doing business as PUAVS ("Company," "we," "our," or "us"), and any person or entity accessing the Website or purchasing, receiving, possessing, installing, integrating, testing, operating, servicing, reselling, or otherwise using any Product or Service supplied by the Company ("Customer").

This Agreement applies to every transaction conducted through the Company's Website, by telephone, electronic mail, written quotation, purchase order, invoice, dealer order, commercial sales agreement, or any other method by which the Company supplies Products or Services.

By accessing the Website, requesting a quotation, creating an account, submitting an order, purchasing a Product, accepting delivery of a Product, opening Product packaging, requesting technical support, downloading documentation or firmware, installing, configuring, integrating, testing, operating, or otherwise using any Product or Service supplied by the Company, Customer acknowledges that Customer has read, understands, and agrees to be legally bound by this Agreement.

If Customer does not agree to the terms of this Agreement, Customer shall not access the Website, purchase Products, use Services, or install or operate any Product supplied by the Company.

This Agreement constitutes a material condition of every quotation, sale, shipment, invoice, purchase, and transaction conducted by the Company.

ARTICLE I — DEFINITIONS

For purposes of this Agreement, the following definitions shall apply.

1.1 Company

"Company" means PowerBox-Systems Americas, LLC, a Florida limited liability company doing business as PUAVS, together with its officers, managers, employees, agents, contractors, successors, permitted assigns, and authorized representatives.

1.2 Customer

"Customer" means any individual or legal entity that accesses the Website, requests information, requests a quotation, establishes an account, purchases, receives, possesses, installs, configures, integrates, tests, operates, resells, services, repairs, or otherwise uses any Product or Service supplied by the Company.

1.3 Product

"Product" means any hardware, electronic device, power management system, radio system, receiver, servo, communication device, telemetry device, accessory, cable, connector, adapter, software, embedded firmware, documentation, or other item offered for sale or otherwise supplied by the Company.

1.4 Service

"Service" means any customer support, warranty processing, repair coordination, technical assistance, documentation, product information, training material, firmware distribution, software distribution, or other service provided by the Company.

1.5 System

"System" means any aircraft, unmanned aircraft system (UAS), unmanned aerial vehicle (UAV), radio-controlled model, helicopter, sailplane, multirotor, robotics platform, autonomous vehicle, marine vehicle, ground vehicle, industrial machine, research platform, prototype, or other equipment into which a Product is installed or used.

1.6 COTS Product

"COTS Product" means a Commercial Off-The-Shelf product that has not been specifically designed, engineered, or certified for Customer's unique application.

ARTICLE II — COMPANY STATUS

PowerBox-Systems Americas, LLC operates as an authorized importer, distributor, reseller, and support provider of advanced electronic products manufactured by third-party original equipment manufacturers ("OEMs").

Except where expressly identified in writing, the Company is not the original designer, manufacturer, programmer, assembler, or certifying authority for the Products it distributes.

The Company's role is limited to importing, distributing, marketing, selling, supporting, and servicing Products supplied by third-party manufacturers and providing related customer support.

The Company does not design Customer's System.

The Company does not engineer Customer's installation.

The Company does not supervise assembly of Customer's System.

The Company does not determine the suitability of a Product for Customer's intended application.

The Company does not inspect completed Systems.

The Company does not certify completed Systems.

The Company does not determine or certify airworthiness.

The Company does not approve flight readiness, mission readiness, or operational suitability of any completed System.

Responsibility for the design, assembly, installation, integration, configuration, inspection, testing, operation, maintenance, regulatory compliance, and continued safe operation of every completed System rests solely with the Customer.

Where a Product is manufactured by a third-party OEM, any manufacturer's warranty, certification, approval, specification, or representation remains solely that of the applicable manufacturer except to the extent the Company expressly provides a separate written warranty.

ARTICLE III — PRODUCTS

The Company supplies advanced electronic Products intended for installation in technically sophisticated Systems.

Products offered by the Company may be used in recreational, educational, research, commercial, industrial, governmental, public safety, or other professional applications.

Many Products require specialized technical knowledge to safely install, configure, integrate, inspect, test, maintain, and operate.

Customer represents that Customer possesses the knowledge, experience, equipment, and technical capability necessary to safely use the Products or has retained qualified personnel to perform such work.

Unless expressly stated otherwise in writing, Products sold by the Company are Commercial Off-The-Shelf (COTS) components intended to be incorporated into larger Systems.

Unless expressly stated in writing by the applicable manufacturer, Products are not represented or warranted to be:

• complete aircraft or vehicles;
• complete flight control systems;
• complete power management systems for finished aircraft;
• independently airworthy;
• certified by the Federal Aviation Administration (FAA) or any other governmental authority;
• life-safety devices;
• collision avoidance systems;
• flight termination systems; or
• emergency recovery systems.

Every completed System is unique. The safety, reliability, performance, regulatory compliance, and suitability of a completed System depend upon numerous factors outside the Company's knowledge and control, including but not limited to System design, installation quality, electrical architecture, software configuration, firmware revisions, component selection, maintenance, inspection, operating environment, and operator competence.

Customer acknowledges that no individual Product can guarantee the safety, reliability, performance, regulatory compliance, or suitability of any completed System.

ARTICLE IV — WEBSITE USE

4.1 Permitted Use

The Company's Website is provided to furnish information regarding the Company, its Products, Services, dealers, technical resources, and purchasing opportunities.

Customer agrees to use the Website only for lawful purposes and in a manner consistent with this Agreement and all applicable laws and regulations.

Customer shall not use the Website to:

• Violate any applicable law or regulation;
• Infringe upon the rights of any third party;
• Upload or transmit malicious software, viruses, or other harmful code;
• Attempt to gain unauthorized access to the Website, servers, networks, or customer accounts;
• Interfere with or disrupt the operation or security of the Website;
• Collect information regarding other users without authorization;
• Use automated software, bots, scraping tools, or similar technologies to extract Website content without the Company's prior written consent; or
• Misrepresent Customer's identity or affiliation.

The Company reserves the right to suspend or terminate access to the Website for violations of this Agreement or for any other lawful business reason.

4.2 Website Content

The Company makes reasonable efforts to provide accurate and current information regarding its Products and Services.

However, product specifications, compatibility information, photographs, illustrations, pricing, availability, manuals, technical documents, firmware revisions, software versions, and other Website content may change without notice.

Accordingly, the Company does not warrant that all Website content is complete, current, or free from typographical, technical, pricing, or clerical errors.

Customer is solely responsible for independently verifying that any Product is appropriate for Customer's intended application before purchase or installation.

Illustrations, renderings, CAD models, wiring examples, installation examples, videos, demonstrations, and photographs are provided solely for general informational purposes and shall not constitute engineering approval, installation instructions for Customer's specific application, certification, or a warranty of compatibility.

4.3 Intellectual Property

Unless otherwise indicated, all content appearing on the Website, including text, graphics, logos, trademarks, service marks, photographs, product images, videos, documentation, manuals, software, firmware, technical data, and other materials are the property of the Company or their respective owners and are protected by applicable intellectual property laws.

Nothing contained on the Website grants Customer any ownership interest or license except the limited right to access and use the Website in accordance with this Agreement.

Except as expressly permitted by applicable law or with the Company's prior written permission, Customer shall not reproduce, distribute, publish, modify, create derivative works from, reverse engineer, or commercially exploit any Website content.

4.4 Third-Party Information

The Website may contain references to, or links for, third-party manufacturers, dealers, software providers, service providers, documentation, or external websites.

Such references are provided solely for Customer's convenience.

The Company does not control and is not responsible for the availability, accuracy, security, content, or practices of third-party websites, products, or services.

Access to third-party resources is undertaken solely at Customer's own risk.

ARTICLE V — ORDERS, PRICING, PAYMENT, SHIPPING, AND PRODUCT AVAILABILITY

5.1 Quotations

Unless expressly stated otherwise in writing, all quotations issued by the Company are non-binding and subject to change without notice.

Quotations do not constitute an offer capable of acceptance and may be modified or withdrawn at any time prior to the Company's acceptance of Customer's order.

5.2 Order Acceptance

Submission of an order by Customer constitutes an offer to purchase Products under this Agreement.

No order shall become binding upon the Company until accepted by the Company through shipment of Products, issuance of an invoice, written confirmation, or other written acceptance.

The Company reserves the right to refuse, reject, limit, or cancel any order, in whole or in part, for any lawful reason, including but not limited to:

• Product availability;
• Supplier shortages;
• Pricing errors;
• Payment issues;
• Suspected fraud;
• Export compliance concerns;
• Government restrictions;
• Safety concerns;
• Violations of this Agreement; or
• Other legitimate business reasons.

5.3 Pricing

Prices published by the Company are subject to change without prior notice.

The Company reserves the right to correct pricing errors, typographical errors, or calculation errors prior to shipment.

In the event of a pricing error, Customer will be notified and provided the opportunity to confirm or cancel the affected order.

5.4 Payment

Payment shall be due in accordance with the payment terms stated on the applicable quotation, invoice, or order confirmation.

The Company reserves the right to suspend shipments or cancel outstanding orders if payment obligations are not satisfied.

Customer shall be responsible for all applicable taxes, duties, customs charges, governmental fees, and similar assessments associated with the purchase unless the Company has expressly agreed otherwise in writing.

5.5 Shipping

Shipping dates provided by the Company are estimates only unless expressly stated otherwise in writing.

The Company shall not be liable for delays resulting from supplier shortages, manufacturing delays, transportation interruptions, customs processing, governmental actions, force majeure events, or other circumstances beyond the Company's reasonable control.

Risk of loss and title shall transfer in accordance with the shipping terms identified on the applicable invoice or order confirmation.

5.6 Product Availability

Certain Products may be discontinued, modified, updated, replaced, or rendered unavailable by the original manufacturer without prior notice.

The Company shall have no obligation to continue offering any Product or to maintain inventory of discontinued Products.

The Company reserves the right to substitute functionally equivalent Products when appropriate, subject to Customer approval where required.

5.7 Export and Sales Restrictions

The Company reserves the right to refuse sales, shipments, or support where required to comply with applicable export control laws, sanctions, governmental directives, manufacturer restrictions, or other legal obligations.

Customer acknowledges that certain Products may be subject to export restrictions imposed by the United States Government or other governmental authorities.

5.8 Dealer and Reseller Sales

Where Products are sold through authorized dealers or resellers, additional dealer agreements or resale policies may apply.

Nothing contained in this Agreement modifies the obligations contained within any separately executed dealer or distribution agreement between the Company and an authorized dealer or distributor.

ARTICLE VI — CUSTOMER RESPONSIBILITIES

6.1 Customer Responsibility

Customer acknowledges that the Products sold by the Company are advanced electronic components intended to be integrated into larger Systems. Customer accepts sole responsibility for determining whether each Product is suitable for Customer's intended application and for ensuring that all Products are properly selected, installed, configured, integrated, inspected, tested, maintained, and operated.

Customer further acknowledges that the Company does not know the specific design, operating environment, mission profile, or intended use of Customer's completed System and, therefore, cannot determine whether any Product is appropriate for Customer's particular application.

6.2 Qualified Installation

Customer represents that Products will be installed, configured, and integrated only by individuals possessing the knowledge, training, experience, and technical capability appropriate for the intended application or under the direct supervision of qualified personnel.

Customer acknowledges that improper installation, configuration, programming, wiring, maintenance, repair, or operation may result in Product failure, System failure, property damage, personal injury, or death.

6.3 Customer Engineering Responsibility

Customer is solely responsible for all engineering decisions relating to the completed System, including, without limitation:

• Electrical system architecture;
• Power distribution;
• Wiring design;
• Connector selection;
• Circuit protection;
• Mechanical installation;
• Structural mounting;
• Thermal management;
• Electromagnetic compatibility (EMC);
• Electromagnetic interference (EMI) mitigation;
• Radio-frequency (RF) performance;
• Firmware configuration;
• Software configuration;
• Component compatibility;
• Operational limitations; and
• Overall System design.

Nothing supplied by the Company shall relieve Customer of these responsibilities.

6.4 Product Selection

Customer acknowledges that Products may be used in a wide variety of recreational, commercial, industrial, governmental, educational, research, and other technical applications.

Customer is solely responsible for determining whether a Product possesses the specifications, features, capabilities, certifications, and performance characteristics required for Customer's intended application.

No recommendation made by the Company shall relieve Customer of the obligation to independently verify Product suitability.

ARTICLE VII — PRODUCT INTEGRATION

7.1 Integration Responsibility

Customer assumes full responsibility for integrating Products into the completed System.

The Company shall have no responsibility for the design, assembly, construction, modification, inspection, testing, certification, maintenance, repair, operation, transportation, storage, or continued airworthiness or operational suitability of any completed System.

7.2 Compatibility

Customer is solely responsible for verifying compatibility between each Product and all other components installed within the completed System.

This includes, but is not limited to compatibility with:

• Flight controllers;
• Radio systems;
• Receivers;
• Servos;
• Power distribution equipment;
• Electronic speed controllers (ESCs);
• Motors;
• Wiring systems;
• Connectors;
• Sensors;
• Telemetry systems;
• GPS/GNSS equipment;
• Ground control stations;
• Software;
• Firmware;
• Payloads;
• Third-party accessories; and
• Any other component incorporated into the completed System.

Unless expressly confirmed in writing by an authorized representative of the Company, no statement, advertisement, catalog description, demonstration, technical discussion, or Website content shall constitute a warranty that any Product is compatible with Customer's particular System.

7.3 Product Modifications

Customer assumes all responsibility for any modification made to a Product after delivery, including but not limited to:

• Soldering;
• Connector replacement;
• Wiring modifications;
• Firmware modifications;
• Software modifications;
• Hardware modifications;
• Enclosure modifications;
• Mechanical alterations;
• Repairs;
• Rework; or
• Any other alteration.

Any modification performed after delivery is undertaken solely at Customer's risk.

7.4 Environmental Conditions

Customer is solely responsible for determining whether Products are suitable for the environmental conditions in which they will be used.

Environmental considerations include, without limitation:

• Temperature;
• Moisture;
• Vibration;
• Shock;
• Dust;
• Salt exposure;
• Chemical exposure;
• Electromagnetic interference;
• Radio-frequency interference;
• Altitude;
• Pressure;
• Humidity; and
• Other operating conditions.

The Company makes no representation that any Product is suitable for a particular operating environment unless expressly stated in writing.

ARTICLE VIII — INSPECTION, TESTING, AND TECHNICAL SUPPORT

8.1 Inspection Upon Receipt

Customer shall inspect all Products promptly upon receipt.

Products that appear damaged, incomplete, altered, contaminated, or otherwise unsuitable shall not be installed or placed into service.

Customer shall promptly notify the Company of any shipping damage, shortages, or apparent defects in accordance with the Company's applicable return procedures.

8.2 Pre-Installation Inspection

Before installation, Customer shall verify that each Product is appropriate for the intended application and that all associated components, wiring, connectors, and supporting equipment are compatible with the Product.

8.3 System Testing

Before placing any completed System into operation, Customer shall conduct appropriate inspection, validation, and testing consistent with accepted engineering practices and appropriate for the intended application.

Depending upon the nature of the completed System, such testing may include:

• Visual inspection;
• Electrical continuity testing;
• Voltage verification;
• Current verification;
• Functional testing;
• Ground testing;
• Load testing;
• Communication verification;
• Telemetry verification;
• RF range testing;
• Redundant system verification;
• Thermal evaluation;
• Fail-safe testing;
• Software validation;
• Firmware validation; and
• Operational testing.

Customer is solely responsible for determining the scope, adequacy, and completion of all testing.

8.4 Technical Support

The Company may provide technical support, troubleshooting assistance, product information, documentation, firmware updates, software updates, installation guidance, or other technical assistance as a courtesy to its customers.

All technical support is provided for general informational purposes only.

Unless the Company has entered into a separate written engineering services agreement signed by an authorized officer of the Company, technical support shall not constitute:

• Professional engineering services;
• System design;
• Installation approval;
• Design verification;
• Airworthiness determination;
• Operational approval;
• Regulatory compliance consulting;
• Certification;
• Flight readiness approval; or
• A warranty that a Product is suitable for Customer's particular application.

Customer remains solely responsible for independently evaluating and verifying all technical information before relying upon it in the design, construction, testing, or operation of any completed System.

8.5 No Reliance on Technical Support

Customer acknowledges that decisions regarding System design, integration, testing, operation, maintenance, and regulatory compliance remain exclusively Customer's responsibility.

Customer agrees not to rely solely upon technical support, recommendations, drawings, examples, demonstrations, or other communications from the Company as a substitute for Customer's own engineering judgment, testing, inspection, and validation.

ARTICLE IX — FIRMWARE, SOFTWARE, AND DOCUMENTATION

9.1 Scope

Certain Products distributed by the Company may include embedded firmware, software, configuration files, operating manuals, technical documentation, application notes, programming utilities, or other digital content (collectively, "Software").

Unless otherwise expressly stated in writing by the applicable original equipment manufacturer ("OEM"), all Software is licensed, not sold, and remains the intellectual property of its respective owner.

9.2 Limited License

Subject to this Agreement, Customer is granted a limited, non-exclusive, non-transferable, revocable license to use Software solely in connection with the operation of the Product with which it was supplied.

No ownership rights are transferred to Customer.

9.3 Restrictions

Except where expressly permitted by applicable law or authorized in writing by the applicable rights holder, Customer shall not:

• Reverse engineer;
• Decompile;
• Disassemble;
• Modify;
• Circumvent security features;
• Remove proprietary notices;
• Redistribute Software;
• Copy Software except for archival purposes where permitted;
• Create derivative works; or
• Use Software for any unlawful purpose.

9.4 Firmware Updates

Firmware updates, software updates, parameter changes, and configuration revisions may alter Product functionality, operating characteristics, compatibility, or performance.

Customer is solely responsible for determining whether any update is appropriate for Customer's System before installation.

Customer is encouraged to review release notes, compatibility information, and applicable documentation before updating any Product.

9.5 Third-Party Software

Many Products distributed by the Company are designed to operate with software, firmware, flight controllers, operating systems, or applications developed by third parties.

The Company has no control over third-party software development, maintenance, compatibility, or future support.

Accordingly, the Company makes no representation or warranty regarding:

• Continued compatibility;
• Future software support;
• Software availability;
• Interoperability with future software releases;
• Third-party software defects; or
• Changes made by third-party developers.

9.6 Software Performance

Software is inherently complex and may contain programming defects, undocumented behavior, incompatibilities, or unforeseen interactions with third-party hardware or software.

Customer acknowledges that Software performance depends upon numerous variables beyond the Company's control.

The Company does not warrant uninterrupted Software operation or compatibility with Customer's particular System except as expressly stated in writing.

ARTICLE X — LIMITED WARRANTY

10.1 Limited Warranty

Except as expressly provided in a separate written warranty issued by the Company or the applicable OEM, Products are sold subject only to the limited warranties, if any, provided by the applicable manufacturer.

Where the Company provides a written limited warranty for a Product, such warranty applies only to the original Customer and may not be transferred without the Company's prior written consent.

10.2 Warranty Exclusions

Any applicable warranty shall not apply to Products that have been:

• Improperly installed;
• Improperly integrated;
• Improperly configured;
• Improperly maintained;
• Misused;
• Neglected;
• Abused;
• Operated outside published specifications;
• Subjected to improper electrical conditions;
• Modified or repaired by unauthorized persons;
• Damaged through accident;
• Damaged through contamination or corrosion;
• Used in applications for which they were not intended; or
• Altered after delivery in a manner not authorized by the applicable manufacturer.

10.3 Warranty Remedy

If the Company determines that a valid warranty claim exists, the Company's sole obligation shall be, at its option, to:

• Repair the Product;
• Replace the Product with the same or substantially equivalent Product; or
• Refund the original purchase price actually paid to the Company for the affected Product.

The remedies described in this Article constitute Customer's exclusive remedies with respect to any warranty claim.

10.4 Warranty Claims

Warranty claims shall be submitted in accordance with the Company's warranty procedures in effect at the time the claim is made.

The Company reserves the right to inspect any Product submitted for warranty evaluation before determining warranty eligibility.

ARTICLE XI — DISCLAIMER OF WARRANTIES

11.1 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED BY THE COMPANY OR THE APPLICABLE OEM, ALL PRODUCTS, SOFTWARE, FIRMWARE, DOCUMENTATION, TECHNICAL INFORMATION, WEBSITE CONTENT, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• QUALITY;
• PERFORMANCE;
• DURABILITY;
• RELIABILITY; AND
• COMPATIBILITY.

11.2 No Guarantee of Results

The Company does not warrant that any Product:

• Is suitable for Customer's intended application;
• Will satisfy Customer's performance expectations;
• Will operate without interruption;
• Will remain compatible with future hardware or software;
• Will prevent equipment failure;
• Will prevent loss of a completed System;
• Will prevent mission failure;
• Will satisfy regulatory requirements; or
• Will achieve any particular operational outcome.

11.3 No Additional Warranties

No statement, recommendation, product description, advertisement, demonstration, technical support, Website content, drawing, installation example, or communication by the Company or its representatives shall create any warranty or modify this Agreement unless expressly set forth in a written agreement signed by an authorized officer of the Company.

11.4 Manufacturer Warranties

Where Products are manufactured by third-party OEMs, any manufacturer warranty remains solely the responsibility of the applicable manufacturer except to the extent the Company expressly assumes additional obligations in writing.

The Company does not expand, modify, or extend any manufacturer warranty unless expressly stated in writing.

ARTICLE XII — ASSUMPTION OF RISK

12.1 Inherent Risks

Customer acknowledges that advanced electronic components used in radio-controlled aircraft, unmanned aircraft systems (UAS), robotics, autonomous systems, industrial automation, research platforms, and other technical applications involve inherent risks that cannot be eliminated through the use of any individual Product.

Customer further acknowledges that the design, construction, integration, operation, maintenance, and use of any completed System involve variables beyond the Company's knowledge or control and that such variables may materially affect the safety, reliability, and performance of the completed System.

12.2 Assumed Risks

Customer knowingly and voluntarily assumes all risks associated with the purchase, receipt, storage, handling, installation, configuration, integration, programming, testing, transportation, maintenance, repair, modification, operation, resale, and use of every Product supplied by the Company.

Such risks include, without limitation:

• Electrical failures;
• Electronic component failures;
• Software defects;
• Firmware defects;
• Signal interruption;
• Radio-frequency interference (RFI);
• Electromagnetic interference (EMI);
• Loss of communications;
• Loss of control;
• Navigation or positioning errors;
• Mechanical failures;
• Structural failures;
• Power interruptions;
• Connector or wiring failures;
• Environmental conditions;
• Manufacturing tolerances;
• Human error;
• Maintenance errors;
• Installation errors;
• Configuration errors;
• Integration errors; and
• Unforeseen interactions between Products and other components within a completed System.

12.3 Potential Consequences

Customer understands that the risks described above may result in, among other things:

• Product damage;
• Damage to a completed System;
• Loss of aircraft or other equipment;
• Loss of payloads;
• Operational interruption;
• Mission failure;
• Property damage;
• Economic loss;
• Serious bodily injury; or
• Death.

Customer acknowledges that no Product distributed by the Company can eliminate these risks or guarantee the safe operation of a completed System.

12.4 Independent Judgment

Customer agrees that Customer has independently evaluated the suitability of each Product for Customer's intended application and has exercised Customer's own independent engineering and operational judgment in selecting and using the Product.

ARTICLE XIII — LIMITATION OF LIABILITY

13.1 Allocation of Risk

Customer acknowledges that the pricing of Products reflects the allocation of risk established by this Agreement.

Customer further acknowledges that the Company would not sell Products at the prices charged without the limitations of liability contained herein.

13.2 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, ANY PRODUCT, OR ANY SERVICE PROVIDED BY THE COMPANY.

Without limitation, the Company shall not be liable for damages arising from or relating to:

• Loss of a completed System;
• Aircraft crashes;
• Equipment damage;
• Payload damage or loss;
• Mission interruption;
• Mission failure;
• Loss of use;
• Loss of revenue;
• Lost profits;
• Lost business opportunities;
• Business interruption;
• Loss of contracts;
• Loss of goodwill;
• Loss of data;
• Downtime;
• Delay;
• Procurement of substitute goods or services;
• Third-party claims; or
• Any other indirect or consequential economic loss.

This limitation applies regardless of whether the claim is asserted under contract, tort (including negligence), strict liability, product liability, warranty, statute, or any other legal theory.

13.3 Liability Cap

To the fullest extent permitted by applicable law, the Company's total cumulative liability arising out of or relating to any Product, transaction, or claim shall not exceed the amount actually paid by Customer to the Company for the specific Product giving rise to the claim.

This limitation applies regardless of:

• The number of claims asserted;
• The legal theory upon which the claims are based;
• The number of Products involved; or
• The number of parties asserting claims.

13.4 Exclusive Remedies

The remedies expressly provided in this Agreement are Customer's sole and exclusive remedies against the Company.

No remedy provided under this Agreement shall fail of its essential purpose solely because it does not fully compensate Customer for every alleged loss.

13.5 Non-Waivable Rights

Nothing contained in this Agreement shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.

ARTICLE XIV — INDEMNIFICATION

14.1 Customer Indemnification

To the fullest extent permitted by applicable law, Customer agrees to defend, indemnify, and hold harmless the Company, together with its officers, managers, employees, agents, contractors, successors, permitted assigns, and authorized representatives, from and against any third-party claims, demands, actions, proceedings, judgments, liabilities, damages, losses, costs, and reasonable attorneys' fees arising out of or relating to:

• Customer's breach of this Agreement;
• Customer's design, construction, assembly, installation, integration, programming, testing, inspection, operation, maintenance, repair, modification, resale, or use of any completed System incorporating a Product;
• Customer's violation of applicable law or regulation;
• Improper installation, configuration, maintenance, or operation of a Product;
• Modifications made to a Product after delivery;
• Claims asserted by Customer's customers, operators, contractors, employees, agents, or other third parties arising from Customer's use or resale of a Product; or
• Customer's negligent or wrongful acts or omissions.

14.2 Defense of Claims

The Company shall promptly notify Customer of any claim for which indemnification is sought.

Customer shall have the right to assume the defense of such claim with counsel reasonably acceptable to the Company.

The Company may participate in the defense of any such claim using counsel of its own choosing at its own expense.

Customer shall not settle any claim in a manner that imposes liability or obligations upon the Company without the Company's prior written consent, which shall not be unreasonably withheld.

14.3 Exceptions

The indemnification obligations contained in this Article shall not apply to the extent a final, non-appealable judgment determines that the claim resulted solely from the Company's gross negligence or willful misconduct.

ARTICLE XV — REGULATORY COMPLIANCE AND EXPORT CONTROLS

15.1 Regulatory Compliance

Customer is solely responsible for ensuring that the completed System complies with all applicable federal, state, local, and international laws, regulations, licensing requirements, operational limitations, and governmental approvals applicable to Customer's intended use.

Nothing sold by the Company shall be interpreted as governmental approval, certification, authorization, or permission to operate any System.

The Company does not certify Customer's completed System for compliance with regulations administered by the Federal Aviation Administration (FAA) or any other governmental authority unless expressly stated in a separate written agreement.

15.2 Export Compliance

Customer agrees to comply with all applicable United States export control, import control, sanctions, and trade compliance laws and regulations, including, where applicable:

• The Export Administration Regulations (EAR);
• The International Traffic in Arms Regulations (ITAR);
• Regulations administered by the Office of Foreign Assets Control (OFAC); and
• Other applicable import and export laws.

Customer shall not export, re-export, transfer, resell, or otherwise provide any Product in violation of applicable law.

15.3 End Use

Customer is solely responsible for determining:

• Applicable export classifications;
• Licensing requirements;
• End-use restrictions;
• End-user restrictions; and
• Governmental approvals relating to Customer's intended use of any Product.

The Company makes no representation that any Product may be exported or re-exported without applicable governmental authorization.

ARTICLE XVI — RETURNS, REFUNDS, REPAIRS, AND PRODUCT SUPPORT

16.1 Return Policy

Returns, exchanges, warranty claims, repairs, and refunds shall be governed by the Company's Return Policy in effect on the date of purchase, which is incorporated into this Agreement by reference.

The Company reserves the right to revise its Return Policy from time to time. Such revisions shall apply prospectively unless otherwise required by applicable law.

16.2 Return Authorization

Products may not be returned without prior authorization from the Company.

Customer shall comply with the Company's published return procedures, including obtaining any required Return Merchandise Authorization ("RMA") number before returning a Product.

Unauthorized returns may be refused or returned to Customer at Customer's expense.

16.3 Inspection of Returned Products

The Company reserves the right to inspect, evaluate, and test any returned Product before determining eligibility for:

• Warranty coverage;
• Repair;
• Replacement;
• Credit;
• Refund; or
• Other corrective action.

The Company's evaluation shall not constitute an engineering review or approval of Customer's completed System.

16.4 Non-Warranty Repairs

Where Products are not covered by warranty, repair services may be offered at the Company's discretion.

Repair quotations are estimates only and may change following inspection.

Customer shall be responsible for all approved repair charges, shipping costs, applicable taxes, and other associated fees.

16.5 Technical Evaluation

The Company may provide observations regarding the condition of a returned Product.

Any such observations are provided solely for informational purposes and shall not be interpreted as a determination regarding the cause of any accident, incident, Product failure, System failure, or operational event.

ARTICLE XVII — DISPUTE RESOLUTION

17.1 Good Faith Resolution

The Company and Customer agree to make a good-faith effort to resolve any dispute arising under this Agreement through informal discussions before initiating formal legal proceedings.

Either party may provide written notice describing the dispute.

The parties shall use reasonable efforts to resolve the matter within thirty (30) days after receipt of such notice.

17.2 Binding Arbitration

Except where prohibited by applicable law, any dispute, controversy, or claim arising out of or relating to this Agreement, the Company's Website, any quotation, order, invoice, Product, Service, technical support, documentation, firmware, software, or transaction between the parties shall be resolved exclusively through final and binding arbitration.

Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules in effect at the time arbitration is commenced, except where modified by this Agreement.

Unless the parties mutually agree otherwise in writing, arbitration shall be conducted in the State of Florida.

The arbitration shall be conducted before a single neutral arbitrator selected in accordance with the applicable AAA rules.

Judgment upon the arbitration award may be entered in any court having jurisdiction.

17.3 Scope of Arbitration

To the fullest extent permitted by applicable law, the arbitrator shall have authority to resolve disputes regarding:

• Interpretation of this Agreement;
• Performance under this Agreement;
• Enforceability of this Agreement;
• Alleged breach of this Agreement;
• Product-related disputes;
• Warranty disputes;
• Contract claims;
• Tort claims; and
• Other disputes arising from the relationship between the parties.

The arbitrator shall have no authority to award damages or remedies expressly excluded or limited by this Agreement.

17.4 Equitable Relief

Nothing contained in this Agreement shall prevent either party from seeking temporary restraining orders, preliminary injunctions, or other equitable relief from a court of competent jurisdiction when necessary to protect:

• Intellectual property;
• Confidential information;
• Trade secrets;
• Proprietary rights; or
• Other rights for which immediate judicial relief is appropriate pending completion of arbitration.

17.5 Class Action Waiver

To the fullest extent permitted by applicable law, Customer agrees that any claim shall be brought solely in Customer's individual capacity and not as a plaintiff or member of any class action, collective action, representative action, consolidated action, or similar proceeding.

The arbitrator shall have no authority to consolidate claims or preside over any representative proceeding except where required by applicable law.

17.6 Jury Trial Waiver

To the fullest extent permitted by applicable law, if any dispute proceeds before a court rather than arbitration, each party knowingly and voluntarily waives any right to trial by jury.

17.7 Limitation Period

To the fullest extent permitted by applicable law, any claim arising out of or relating to this Agreement or any Product supplied by the Company shall be commenced within one (1) year after the claim accrues unless a longer period is required by applicable law.

17.8 Attorneys' Fees

In any arbitration or legal proceeding arising from this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, arbitration costs, court costs, expert witness fees, and other recoverable litigation expenses to the extent permitted by applicable law.

ARTICLE XVIII — GENERAL PROVISIONS

18.1 Privacy Policy

Use of the Company's Website is also governed by the Company's Privacy Policy, which is incorporated into this Agreement by reference.

18.2 Electronic Communications

Customer consents to receive communications electronically regarding quotations, orders, invoices, shipping notifications, firmware updates, software updates, warranty matters, recalls, technical notices, legal notices, and revisions to Company policies.

Electronic communications shall satisfy any legal requirement that communications be provided in writing to the fullest extent permitted by applicable law.

18.3 Electronic Acceptance

Customer acknowledges and agrees that acceptance of this Agreement may occur electronically.

Without limitation, Customer accepts this Agreement by:

• Accessing or using the Company's Website;
• Creating an account;
• Requesting a quotation;
• Placing an order;
• Clicking an "I Agree," "Accept," or similar electronic acceptance button;
• Accepting delivery of a Product;
• Opening Product packaging;
• Installing, configuring, integrating, testing, or operating a Product; or
• Continuing to use a Product after receiving notice of revisions to this Agreement, where such notice is required by applicable law.

Electronic records and electronic signatures shall have the same legal effect as handwritten signatures to the fullest extent permitted by applicable law.

18.4 Assignment

Customer may not assign or transfer any rights or obligations under this Agreement without the Company's prior written consent.

The Company may assign this Agreement in connection with a merger, acquisition, sale of assets, corporate restructuring, financing transaction, or operation of law.

18.5 Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, severe weather, fire, flood, war, terrorism, labor disputes, governmental action, changes in law, export restrictions, customs delays, transportation interruptions, supply chain disruptions, utility failures, pandemics, epidemics, cyber incidents affecting third-party infrastructure, or failures of manufacturers or suppliers.

The Company's obligations shall be suspended during the continuation of such event and shall resume within a reasonable time after the event has ended.

18.6 Severability

If any provision of this Agreement is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

18.7 Survival

The provisions concerning warranty disclaimers, assumption of risk, limitation of liability, indemnification, dispute resolution, arbitration, intellectual property, confidentiality, limitation periods, and any other provisions that by their nature are intended to survive shall survive the termination of this Agreement and any transaction between the parties.

18.8 No Waiver

Failure by the Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or of any other provision.

Any waiver shall be effective only if made in writing and signed by an authorized representative of the Company.

18.9 Entire Agreement

This Agreement, together with any policies expressly incorporated by reference, including the Company's Privacy Policy and Return Policy, constitutes the complete and exclusive agreement between Customer and the Company concerning the subject matter addressed herein and supersedes all prior or contemporaneous oral or written communications, negotiations, proposals, understandings, representations, or agreements relating to that subject matter.

No amendment or modification of this Agreement shall be binding unless made in writing by the Company or as otherwise provided herein.

18.10 Governing Law

Except to the extent superseded by applicable federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.

18.11 Contact Information

Questions regarding this Agreement may be directed to:

PowerBox-Systems Americas, LLC
DBA PUAVS

Jacksonville, Florida, USA

Email: Danny.Diaz@Powerbox-Americas.com

Telephone: 904-330-0145

Website: www.powerbox-americas.com