Documentation.  Your AImate Pre-Order Agreement (the “Agreement”) is made up of the following documents:

1. Device Configuration: The Device Configuration will be confirmed with you at a later date. It will describe the device that you configure, including pricing (excluding taxes and official or government fees).
2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your Device Configuration and will include taxes and official or governmental fees.
3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your pre-order and make your Pre-Order Payment (the “Pre-Order Date”).

Agreement to Purchase.  You agree to pre-order the device (the “Device”) that you configured when you made your Pre-Order Payment and by taking delivery, completing the transaction when the Device is ready for delivery from LearningMate Inc. or its affiliate (“we,” “us” or “our”), pursuant to the terms and Conditions of this Agreement. Your Device is priced and configured based on features and options available at the time of order and you can confirm availability with a LearningMate representative. Options, features or hardware released after you place your order may not be included in or available for your Device.

Pre-Order Price, Taxes, and Official Fees.   The pre-order price of the Device will be confirmed in your Device Configuration and Final Price Sheet. As you may have only configured part of your Device, any pre-order price provided to you in advance of the Final Price Sheet is only being offered to you as an estimate and is subject to change. Any pre-order price listed in the Device Configuration will not include taxes and official or government fees, which could amount to up to 10% or more of the Device pre-order price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Device, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees.  If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a onetime electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.

Pre-Order Process; Cancellation; Changes.  After you submit your completed pre-order and the options you selected become available in production, we will invite you to complete the Configuration of your Device. We will then issue you the Device Configuration and Final Price Sheet based on the base price of the model and any options included or that you select. Your Pre-Order Payment covers the cost of these activities and other processing costs and is not a deposit for the Device. Until your Device is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. Until your final configuration is matched to a device, you may make changes to your Device Configuration. If you make changes to the Configuration of the Device, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order Date. Any changes made by you to your Device Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Device Configuration that will form part of this Agreement. When you take delivery of the Device, we will provide a credit to the final pre-order price of your Device equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.

Delivery. We will notify you of when we expect your Device to be ready for delivery at the address you provided when you put the order. Or you may pick up your Device at your local LearningMate Center, or other location as we may agree to. You agree to schedule and take delivery of your Device within one week of this date. If you are unable to take delivery within the specified period, your Device may be made available for sale to other customers.

You understand that LearningMate may not have completed the development of AImate or begun manufacturing AImate at the time you entered into this Agreement and so we do not guarantee when your Device will actually be delivered. Your actual delivery date is dependent on many factors, including your Device’s Configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Device and all proceeds therefrom until your obligations have been fulfilled.

Privacy Policy; Payment Terms for Services    LearningMate’s Customer  Privacy Policy and Payment Terms for Services are incorporated into this Agreement and can be viewed at www.Xchallenges.com/about/ legal.

Warranty. You will receive the LearningMate New Device Limited Warranty at or prior to the time of Device delivery or pickup. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request or from our website.

Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.

No Resellers; Discontinuation; Cancellation.  LearningMate and its affiliates sell AImate directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Device or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.

Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the

State in which we are allowed to sell devices that is nearest to your address indicated on your Device Configuration. Prior agreements, oral statements, negotiations, communications, or representations about the Device sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.

This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and Conditions of this Agreement.