HP Instant Ink Terms of Service

v.08.13.2018

ATTENTION: BEFORE PURCHASING THE HP INSTANT INK SERVICE PLEASE CAREFULLY READ THESE “HP INSTANT INK TERMS OF SERVICE” (THE “AGREEMENT”) AND THE INSTANT INK SERVICES DESCRIPTION AT THE “HOW IT WORKS” SECTION AT WWW.HPINSTANTINK.COM (“INSTANT INK SERVICE”). THIS AGREEMENT IS BETWEEN THE PURCHASER OF THE INSTANT INK SERVICE (“YOU”) AND HP INC. (“HP”) AND GOVERNS YOUR USE OF THE INSTANT INK SERVICE. TO THE EXTENT THAT ANY SEPARATE OR ADDITIONAL TERMS APPLY TO YOUR USE OF THE INSTANT INK SERVICE AND CONFLICT WITH THIS AGREEMENT (FOR EXAMPLE, ADDITIONAL TERMS GOVERNING INSTANT INK PROGRAMS THAT MAY BE OFFERED BY HP AS ADDITIONS TO THE INSTANT INK SERVICE), THE CONFLICTING SEPARATE TERMS SHALL CONTROL.

YOUR PURCHASE AND USE OF THE INSTANT INK SERVICE INDICATE THAT YOU HAVE READ AND ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALY BOUND BY ALL OF ITS TERMS. THE INSTANT INK SERVICE IS NOT AVAILABLE OUTSIDE THE CONTINENTAL U.S., ALASKA AND HAWAII. BY PURCHASING THE INSTANT INK SERVICE, YOU REPRESENT TO HP THAT YOU RESIDE IN THE ONE OF THE FIFTY STATES AND WILL BE WHENEVER YOU USE THE SERVICE.

YOU MAY REVIEW, SAVE OR PRINT ANY PART OF THESE TERMS. WE ENCOURAGE YOU TO PRINT OUT A COPY OF THIS ENTIRE DOCUMENT AND REFER TO IT AS YOU USE THE INSTANT INK SERVICE. 

HP CONTACT ADDRESS

HP Inc.

1501 Page Mill Road

Palo Alto, CA 94303

HP Customer Support Telephone: 1-855-785-2777

INDEX

1. DATA COLLECTION

2. AGREEMENT TO CONTRACT ELECTRONICALLY.

3. CHANGES TO THIS AGREEMENT AND TO THE INSTANT INK SERVICE.

4. YOUR REPRESENTATIONS AND OBLIGATIONS.

5. INSTANT INK SERVICE REQUIREMENTS.

6. CHOOSING AN INSTANT INK SERVICE PLAN.

7. PAYING FOR YOUR INSTANT INK SERVICE.

8. MANAGING YOUR INSTANT INK SERVICE.

9. CANCELLATION.

10. INSTANT INK PROGRAMS.

11. GENERAL TERMS AND CONDITIONS.

  1. DATA COLLECTION.
  1. Personal data. The collection and use of Data shall be governed by the HP Privacy Statement located at www.hp.com/go/privacy.

  2. Remote Monitoring. Your purchase of the Instant Ink Service indicates Your authorization for HP to (1) remotely monitor Your printer page count and Your ink status, and (2) Your usage of the Instant Ink Service to prevent unauthorized use of Your account and to improve Your experience with HP products and services. Remote monitoring includes provision to HP of Your ink levels, page counts, types of documents printed (e.g., Word, PowerPoint, pdf, jpeg, etc.), types of devices that initiated print jobs, printer serial number, cartridge information (e.g. HP Original ink status, and whether the cartridge was new or used at the time of its last insertion into the printer), and other similar types of metrics related to your Instant Ink Service as may be added by HP from time to time.

  3. Sharing of Personal Data. By purchasing the Instant Ink Service, You agree to allow HP to share Your personal data with either the retailer from which you obtained an Instant Ink Service enrollment key and/or the retailer from which you purchased your eligible printer. Your personal data will be handled according to the privacy policies of those other companies which may differ from HP's policies and practices. For purposes of this paragraph, “personal data” includes Your name, shipping address, city, state, zip code, email, printer model, printer serial number, enrollment card serial number, Instant Ink Service plan, date of Instant Ink Service registration, and retailer store where the Instant Ink Service enrollment key was distributed.

  1. AGREEMENT TO CONTRACT ELECTRONICALLY.

Your enrollment in and purchase of the Instant Ink Service signifies Your agreement to contract electronically with HP. This means that when You click the button to complete Your purchase of the Instant Ink Service, You are agreeing to all of the terms in this Agreement with the intent of entering into a binding contract with HP. In addition, HP may communicate with You by e-mail, by text message, messages on Your printer and computer (“Service Account”) or by posting notices on www.hpinstantink.com (the “Site”), or on Your Instant Ink Service account page (Your “Dashboard”). You agree that all such notices, disclosures and other communications that HP provides to You electronically satisfy any legal requirement that such communications be in writing. Costs associated with Your maintaining an email account or text messaging capability are Your responsibility and are not included in the Instant Ink Service.

  1. CHANGES TO THIS AGREEMENT AND TO THE INSTANT INK SERVICE.

HP may modify this Agreement at any time in its sole discretion with thirty (30) days prior notice to You by posting a notice of such modification on the Site. HP may also send notifications of such modifications to You at the email address or text message to the email and/or telephone number listed on Your Dashboard. Your continued use of the Instant Ink Service after modification becomes effective [i.e., after thirty (30) days from the posting or sending of such notice to You] will indicate Your acceptance of the modified Agreement. If You do not accept the Agreement as modified, do not use the Instant Ink Service and cancel it by following the directions in Section 9 (“Cancellation”) below. In addition, HP, in its sole discretion, may suspend performance, refuse to provide the Instant Ink Service to You or cancel Your use of the Instant Ink Service, and may modify, suspend or discontinue the Instant Ink Service (or any version, part or feature thereof) in accordance to the terms in Section 9.b (“Cancellation by HP”).

  1. YOUR REPRESENTATIONS AND OBLIGATIONS. By purchasing the Instant Ink Service, You hereby represent that:
  1. You are at least eighteen (18) years old, reside in the United States (the Instant Ink Service is not available in any United States territories) and have the legal right, capacity and authority to enter into this Agreement with HP and to be legally bound by its terms;

  2. You are not purchasing the Instant Ink Service in Your capacity as a public sector employee or otherwise intend to use the Instant Ink Service for any government-related use;

  3. Any and all information provided by You to HP or HP retailers in connection with the Instant Ink Service, including but not limited to personal data (for example: Your name, address, credit/debit card number and expiration date, other Payment Method information, and email or text messaging account information) is true, accurate and complete, and You will notify HP or the HP retailer (as applicable) of any change to such information;

  4. The Instant Ink Service is purchased by You for Your individual use, and not for resale, redistribution or to otherwise share with other parties, and you represent that You will not use the Instant Ink Service on behalf of others where You collect a fee (e.g., in connection with any type of printing or copying business).;

  5. You shall not abuse the Instant Ink Service or otherwise engage in inappropriate activities with respect to the Instant Ink Service, and you represent that You, and not HP, are responsible for anything printed on your printer while using the Instant Ink Service;

  6. You are responsible for the actions of others who use Your Service Account, Your Dashboard, or otherwise use Your Instant Ink Service; and

  7. You will indemnify HP and hold HP harmless with respect to all claims, liabilities, losses and other costs arising from Your breach of this Agreement or otherwise related to Your use of the Instant Ink Service, the Instant Ink Program Cartridges, Promotional Offers, or the Site. HP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and doing so will not excuse Your indemnity obligations.

  1. INSTANT INK SERVICE REQUIREMENTS
  1. E-mail and HP Connected Accounts Required. You must maintain, at Your own expense, a valid email account or, if applicable, texting capability to receive notices and other information regarding the Instant Ink Service. In order to purchase and receive the Instant Ink Service, You must create and maintain an HP Connected (or its successor) account (“HPC Account”). You will manage and pay for your Instant Ink Service through Your Dashboard. You may access Your Dashboard through your HPC Account.

  2. Instant Ink Service Compatible HP Printer Required. In order to use the Instant Ink Service, You must have an Instant Ink Service-compatible HP printer. For a list of Instant Ink Service-compatible HP printers, see the “Check to see if your HP printer works with Instant Ink” link found at www.hpinstantink.com. You expressly allow HP to remotely change, patch, update, or otherwise modify Your printer’s software, firmware or programming, without notice to You, in order to provide the Instant Ink Service to You or to comply with applicable laws. Unless otherwise indicated, any software or firmware that is downloaded to Your printer or otherwise provided to You to enable the Instant Ink Service is provided pursuant to the software licensing terms that accompanied Your printer or pursuant to the HP Connected terms of use, as applicable.

  3. Your Printer Needs to be Connected to the Internet. In order to be able to use the Instant Ink Service in an uninterrupted manner, You agree to maintain connectivity of Your Printer to the Internet and to not remove or disable any remote monitoring software or functionality on Your printer; such Internet service is not provided by HP and must be separately obtained and paid for by You. Please check with Your Internet provider for information on possible Internet data usage charges and any other applicable charges. You are responsible for obtaining and maintaining, at Your sole expense, all equipment and services needed to access and use the Instant Ink Service. If Your printer is not connected to the Internet, then the Instant Ink-activated Cartridges will be disabled and You will not be able to use them to print; however, You will continue to be charged for the Instant Ink Service as described in Section 7 (“Paying for Your Instant Ink Service”). In order to reactivate disabled cartridges, You will need to contact HP Customer Support at the HP Customer Support Telephone number noted at the beginning of this Agreement or www.hp.com/go/instantinksupport for assistance. Failure to connect Your printer to the Internet will also impact HP’s ability to send certain notices to You (including but not limited to those described in Section 7 (“Paying for Your Instant Ink Service”) and will impact the timeliness of Your being billed for the Instant Ink Service.

  4. Instant Ink Program Cartridges Provided to You.

    1. Instant Ink Service-compatible printers include regular HP ink cartridges (“Instant Ink Ready Cartridges”) in the printer packaging. The status of Instant Ink Ready Cartridges does not change unless and until You activate Your Service Account. If you have created Your Service Account within seven (7) days of printer set-up with an Instant Ink Ready Cartridge, the Instant Ink Service will automatically recognize and activate your Instant Ink Ready Cartridge as an “Instant Ink Program Cartridge”. If the printer You purchased came with Instant Ink Program Cartridges, carefully review the included written materials. Instant Ink Program Cartridges may only be used in conjunction with the Instant Ink Service. HP will thereafter send You additional Instant Ink Program Cartridges to allow for Your continued printing through the Instant Ink Service. If no Instant Ink Ready Cartridges or Instant Ink Program Cartridges were included with the Instant Ink Service-compatible printer that You purchased, then HP will send Instant Ink Program Cartridges to You after You have created Your Service Account.

    2. You must ensure that HP has Your most recent mailing address in order for HP to deliver Instant Ink Program Cartridges to You through the Instant Ink Service. HP will not be responsible to You or otherwise be liable for sending Instant Ink Program Cartridges to mailing addresses that appear in Your Service Account that You have failed to update. Please go to Your Dashboard to update as necessary Your current mailing address, or otherwise contact HP customer support at the HP Customer Support Telephone number noted at the beginning of this Agreement or www.hp.com/go/instantinksupport for assistance.

    3. As between You and HP, HP retains all ownership rights and interests in the Instant Ink Program Cartridges. HP provides the Instant Ink Program Cartridges to You solely to enable Your use of the Instant Ink Service. The Instant Ink Program Cartridges will work only with the corresponding printer designated in Your Service Account; You are not allowed to (i) use the Instant Ink Program Cartridges with any other printer (including but not limited to other printers that You may have enrolled under the Instant Ink Service) (ii) use the Instant Ink Program Cartridges outside the scope of the Instant Ink Service (unless HP expressly permits otherwise), or (iii) sell the Instant Ink Program Cartridges or otherwise provide them to others.

    4. While using the Instant Ink Service, You agree not to remove an Instant Ink Program Cartridge from Your printer and replace it with a new cartridge until prompted by messaging on Your printer to do so or in the event Your print quality degrades. Your printer will automatically report fill levels of Your Instant Ink Program Cartridges to HP so that HP knows when to deliver replacement Instant Ink Program Cartridges to You.

    5. When Your Instant Ink Service is cancelled for any reason, HP will remotely disable the Instant Ink Program Cartridges and You will no longer be able to print with the Instant Ink Program Cartridges.

  1. Instant Ink Program Cartridges Must be Returned by You to HP. You agree to return to HP all used Instant Ink Program Cartridges by following instructions for return provided to You by HP. Without limiting the foregoing, You must return to HP the Instant Ink Program Cartridges when (i) You have used all of the ink in the cartridges or You otherwise cease using them, (ii) Your Instant Ink Service is cancelled for any reason, or (iii) HP otherwise directs You to return the cartridges to HP. You agree to not include items other than the Instant Ink Program Cartridges in any HP-provided postage prepaid return envelopes that You send back to HP. Contact HP if an Instant Ink Program Cartridge is damaged, leaking ink or otherwise appears to require special handling, and HP will provide You with special instructions regarding how to return that cartridge. You assume responsibility for any cartridges You return to HP using a method of return that does not comply with HP’s instructions. You assume responsibility for ensuring that any returned cartridges are handled in accordance with applicable environmental law, and You will indemnify HP and hold HP harmless in the event You do not comply with such applicable law.
  1. CHOOSING AN INSTANT INK SERVICE PLAN
  1. Selection of an Instant Ink Service Plan. When You create Your Service Account You will select one of the offered Instant Ink Service plans (each a “Service Plan”) described in the “HOW IT WORKS”, “THE PLANS”, and “FREQUENTLY ASKED QUESTIONS” Sections found at www.hpinstantink.com (“Service Description Terms”). Each Service Plan entitles You to print the specified number of pages (“Service Plan Pages”) during each one (1) month period (“Month Period”) for a designated fee (“Service Plan Fee”). The first Month Period begins on the day that Your printer detects an Instant Ink Program Cartridge for the first time (“First Use”), and the second Month Period begins on the same calendar day in the following month. For example, if Your first Month Period begins on the 15th of January, then Your second Month Period will begin on the 15th of February. If Your first Month Period began in a month on a day not contained in a subsequent month, then Your Month Period in any of those subsequent months will begin on the last day of such month. For example, if Your first Month Period began on January 31st, Your next Month Period would begin on February 28th, and Your subsequent Month Period would begin on March 31st. Your Instant Ink Service will continue on a month to month basis until Your Instant Ink Service is cancelled as described in Section 9 (“Cancellation”). See the Service Description Terms for details regarding the available Service Plans.

  2. Printed Page. A “PRINTED PAGE” IS A PAGE UPON WHICH ANY AMOUNT OF INK IS PLACED BY YOUR PRINTER. PRINTING ON BOTH SIDES OF THE SAME SHEET OF PAPER COUNTS AS TWO (2) PAGES. A page is the type and size of media referenced in Your printer’s specifications. HP may waive Service Plan Fees in connection with certain promotional offers; see applicable terms and conditions for more information.

  3. Multiple Printers in Your Service Account. You may enroll multiple printers, up to a cumulative maximum total of ten (10) printers under the Instant Ink Service in one or more Service Accounts. Regardless of whether Your multiple printers are under one or several Service Accounts, You will be billed separately for each printer. See Section 7 (“Paying for Your Instant Ink Service”) for billing details.

  4. Rollover Pages. If during any Month Period You do not print all of Your Service Plan Pages, then, subject to the maximum described in the following sentence, the number of unused Service Plan Pages You had for that Month Period will roll-over (“Rollover Pages”) and be available for Your use in subsequent Month Periods. The total number of Service Plan Pages plus Rollover Pages that You have available to You through the Service in each Month Period may not exceed twice the number of Service Plan Pages to which You are entitled under Your Service Plan. For example, if Your Service Plan entitles You to print fifty (50) pages each month, then You may have a total of up to fifty (50) Rollover Pages in Your Service Account each month; any additional unused pages that You may have that exceed that number would not become Rollover Pages and may not be used by You in subsequent Month Periods. During each of Your Month Periods, Your Service Plan Pages will be exhausted from Your Service Account before Your Rollover Pages are used. Rollover Pages may not be available, or may be added to Your Service Account, during certain promotional offers; see applicable terms and conditions for more information.

  5. No Transfer of Instant Ink Service. You cannot transfer Your Instant Ink Service to another person.

  6. Replacement Printers. You cannot transfer your Instant Ink Service to another printer; provided, however, that You may replace a printer in your Instant Ink Service through the Instant Ink printer replacement process. The Instant Ink printer replacement process may be found on Your Dashboard and/or as you activate your replacement printer.

  7. Use of Enrollment Key or Pre-Paid PIN Code. If You purchased or received an enrollment key or a pin code for the Instant Ink Service from an HP retailer or HP, You must use it within the time specified, if any, and in accordance with any other instructions included with such enrollment key or pin code to purchase the Instant Ink Service. HP is not responsible for a lost or stolen enrollment/pre-paid card. Once You enter the key/pin code, the entire value of that card is redeemed. When redeemed, card value is credited to your Instant Ink Service account and applied to your service fee, after which your credit or debit card will be charged for subsequent months.

  1. PAYING FOR YOUR INSTANT INK SERVICE
  1. Commencement of Charges for the Instant Ink Service and Billing Cycles. Unless otherwise specified in an Instant Ink Program described in Section 10 (“Instant Ink Programs”) below:
    1. When You create Your Service Account, You will provide HP with a valid, accepted payment method that You will use to pay for the Instant Ink Service, such as a valid credit card (“Payment Method”);

    2. Your monthly billing cycle (“Billing Cycle”) for the Instant Ink Service will begin on the date of First Use (defined above in Section 6 (“Choosing and Instant Ink Service Plan”);

    3. Beginning one month after Your First Use, Your Payment Method will be charged on a monthly basis for (i) the amount of Your Service Plan Fee, (ii) any charges for additional pages over and above your Service Plan (“Overage Fees”), and (iii) any applicable taxes, fees and surcharges set by federal, state and local governments (“Taxes”), (collectively, “Your Monthly Fee”). For example, if Your First Use is on January 1st, Your Payment Method will be charged on or after February 1st for Your Monthly Fee for January; if Your First Use is on February 1st, Your Payment Method will be charged on or after March 1st for Your Monthly Fee for February.

    4. If You redeem the value of a valid gift card, prepaid card, offer, or promotion in Your Service Account, then HP will apply that redeemed value towards Your Monthly Fee before charging any remaining balance to Your Payment Method, unless other applicable terms and conditions apply. Unless otherwise separately specified, for each month that You print more than the number of Your Service Plan Pages, Your Payment Method will be charged for the Overage Fee associated with those additional pages. For example, if Your Service Plan entitles You to print fifty (50) pages for a Service Plan Fee of $2.99 and thereafter pay $1.00 for each multiple of ten (10) pages, and if You print a total of sixty-six (66) pages in a Month Period, then Your Payment Method would be charged the Monthly Fee of $2.99 plus $2.00 in Overage Charges, for a total of $4.99, plus Taxes.

    5. Failure to connect Your printer to the Internet may result in delays in charging Your Payment Method for portions of Your Monthly Fee due. HP will continue to charge Your Payment Method on a monthly basis for Your Monthly Fees until Your Instant Ink Service is canceled by You or HP. 

    6. In the event that HP is unable to collect payment from Your Payment Method at the time payment becomes due, HP may temporarily cease your access to the Instant Ink Service, and the Instant Ink–activated Cartridges will stop functioning, until payment can be collected; if HP is unable to collect payment from You, HP will cancel Your Instant Ink Service and terminate this Agreement pursuant to Section 9 (“Cancellation”). 

    7. You may access Your billing information on Your Account Page. You are responsible for all pages printed on Your printer while using the Instant Ink Service, whether or not You specifically authorized the printing of those pages.

  1. Price Increases. HP may increase or otherwise change the Service Plan Fee and Overage Fee, and add additional fees, for any Service Plan, or otherwise change or add Service Plans at any time in HP’s sole discretion with prior notice to You in accordance with Section 3 (“Changes to this Agreement and to the Instant Ink Service”). Any such changes to Service Plan Fees and Overage Fees and the addition of other fees will become effective no earlier than the beginning of Your next Month Period commencing thirty (30) days from HP’s announcement of those changes or additions in accordance with Section 3.

  2. Payment Processor. HP uses a third-party payment processor to process payment for the Instant Ink Service. The processing of payments is subject to any additional terms, conditions, and policies of the payment processor. HP reserves the right to change or add third-party payment processors at its discretion.

  1. MANAGING YOUR INSTANT INK SERVICE
  1. Your Dashboard.  The details of Your Instant Ink Service will be displayed on Your Dashboard. Your Dashboard will provide You with, among other items, the current status of your Instant Ink Service printers, number of pages used, and payment status.

  2. Customer Support Center. If You need assistance with the Instant Ink Service or Your Service Account, or have questions regarding Your Monthly Fees or the billing process, please contact Service customer support representatives at the HP Customer Support Telephone number noted at the beginning of this Agreement or www.hp.com/go/instantinksupport.

  3. Changing Your Service Plan. You may change Your choice of Service Plan by following the directions on Your Dashboard. Downgrading Your Service Plan will become effective as of the beginning of Your next Month Period and will not retroactively apply. Upgrading the plan will be effective, at Your discretion, either (1) immediately, and the changes retroactively applied to the current billing cycle, or (2) from the beginning of the next billing cycle. To view Your current Service Plan and other details, go to Your Dashboard.

  1. CANCELLATION. 
  1. Cancellation by You. You may cancel Your Instant Ink Service at any time online at www.hpinstantink.com or by calling the HP Customer Support at the HP Customer Support Telephone number noted at the beginning of this Agreement, and Your Instant Ink Service will then be cancelled effective as of the last day of Your current Month Period. For example, if Your current Month Period runs from January 15th to February 15th, and You submit a cancellation request to HP on January 30th, Your Instant Ink Service will be cancelled as of February 15th. Your Payment Method will be charged in full for Your last Month Period, and no refunds will be provided for Service Plan Pages or Rollover Pages that You did not print during that last Month Period. Simply removing the Instant Ink Program Cartridges from Your printer, not printing, and/or not connecting Your printer to the Internet does not cancel Your Instant Ink Service or otherwise stop the Billing Cycles.

  2. Cancellation by HP. Notwithstanding the foregoing, in addition to HP’s rights under Section 3 (“Changes to this Agreement and to the Instant Ink Service”), HP may cancel Your Instant Ink Service at any time in its sole discretion for any or no reason upon thirty (30) days notification to You at the email address or, if applicable, the text number listed on Your Dashboard. Such reasons for cancelling your Instant Ink Service may include, but not be limited to HP ceasing to provide the Instant Ink Service or a particular version, part or feature of the Instant Ink Service. Cancellation by HP as per the above may entitle you to refund of advance payments made. In addition, HP may cancel Your Instant Ink Service and this Agreement at any time in its sole discretion immediately upon notification to You at the email address or, if applicable, the text number listed on Your Dashboard if (i) You breach the terms of this Agreement (including but not limited to failing to pay for the Instant Ink Service or no longer having a valid Payment Method); or (ii) HP in its sole discretion believes that You otherwise abused the Instant Ink Service or engaged in any other action that merits termination of Your use of the Instant Ink Service. Any cancellation by HP pursuant to subsections (i) and (ii) immediately above may be without any refund to You of advance payments made.

  3. Consequences of Cancellation. You agree that HP will not be liable to You for any cancellation of Your Instant Ink Service or refusal of access to the Instant Ink Service or Site. Upon cancellation of Your Instant Ink Service for any reason, any rights granted to You under this Agreement will terminate and You must immediately cease all use of the Instant Ink Service and return the Instant Ink Program Cartridges to HP as detailed in Section 5.e. (“Instant Ink Program Cartridges Must be Returned by You to HP”). Furthermore, any Program Incentives that you earned pursuant to the Refer-a-Friend Program will immediately expire upon termination of Your Instant Ink Service.

  1. INSTANT INK PROGRAMS. HP may, from time to time, offer Instant Ink Programs to Instant Ink Service subscribers that are in addition to the Instant Ink Service described in this Agreement. Unless otherwise described in the terms and conditions governing an Instant Ink Program, each such Instant Ink Program shall be governed by the terms and conditions contained in this Agreement.
  1. REFER-A-FRIEND PROGRAM. You and Your referrals (“Prospective Subscribers”) may be qualified to each receive one free month of Instant Ink Service (the “Referral Incentive”) through the Refer-a-Friend Program. You and Prospective Subscribers that wish to participate in the Refer-a-Friend Program must agree to the terms of this Agreement. HP is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations associated with the Refer-a-Friend Program.
    1. Referring Instant Ink. To make a referral and claim the Referral Incentive, You must provide to Prospective Subscribers the HP provided referral link or code that is personal to You (“Referral Link/Code”). The Prospective Subscriber must follow that link or enter the referral code during the enrollment process, and subscribe to the Instant Ink Service by providing the required personal and payment information and agreeing to the terms of this Agreement. A Referral Link/Code is personal to You; You may not transfer or sell Referral Links/Codes. HP reserves the right to immediately disable Your Referral Link/Code at any time for any reason. To participate in the Refer-a-Friend Program, Your Instant Ink Service Accounts must be in good standing, and You must comply with this Agreement in order to participate in the Refer-a-Friend Program.

    2. Qualified Referrals. Only qualified referrals to Prospective Subscribers will count toward Your receipt of Referral Incentives under the Refer-a-Friend Program. Qualified referrals consist of Prospective Subscribers that (i) use a Referral Link/Code, (ii) are not currently Instant Ink Service subscribers, (iii) meet the eligibility requirements to use the Instant Ink Service, stated herein, and (iv) complete the sign-up process for the Instant Ink Service with accurate personal and payment information. Prospective Subscribers that meet these qualifications are referred to herein as “Referred Subscribers.”

    3. Referral Incentive for Referred Subscribers. Each Referred Subscriber (i.e., one who has completed the Instant Ink Service enrollment process) will receive one free month of Instant Ink Service (the “Program Incentive”), equivalent to the Referred Subscriber’s chosen Service Plan. After the free month of Service expires, Referred Subscribers will be automatically enrolled in the plan selected during enrollment, and the payment card provided will be charged the relevant monthly rate until cancellation pursuant to this Agreement. Applicable taxes will be charged during the free month of Instant Ink Service, plus any overages if the number of allotted pages during the free period is exceeded. Plans can be changed or canceled according to the terms of this Agreement.

    4. Referral Incentive for Referring Subscribers. You are eligible to receive a Referral Incentive, equivalent to Your then-current Service Plan level. Each free month of Instant Ink Service will apply after any existing promotional credits have been used and/or the current billing cycle has ended. Applicable taxes will be charged during the free month of Instant Ink Service, plus any overages if the number of allotted pages during the free period is exceeded. There is no limit to the amount of Referral Incentives that You can earn under the Refer-a-Friend Program. Referrals are subject to review at any time; if a referral is deemed to be illegitimate, fraudulent, suspicious, in violation of the law or this Agreement, is determined by HP to impose potential liability on HP, or for any other reason as HP may deem appropriate, HP may refuse to credit the referring You with the free month of Instant Ink Service for that referral.

    5. Other Important Terms. Referred Subscribers may only use one Referral Link/Code per subscription. Referral Incentives (i.e. free months of Instant Ink Service under the Refer-a-Friend Program) may be combined with other offers provided by HP; see the terms of the other offer for applicable terms and conditions. Referral Incentives will be redeemed after all other promotional free service offers have been used. All unused Referral Incentives will expire immediately upon termination of the Instant Ink Service for any reason. Your Referral Links/Codes will be automatically deactivated upon termination of the Instant Ink Service. If you have a suspended Instant Ink Service Account, You may continue to refer Prospective Subscribers, but the Referral Incentives, if any, will only be applied to Your Instant Ink Service Account if and when the suspended account is re-activated. Referral Incentives are non-refundable and cannot be transferred to new printer purchases or other Instant Ink Service Accounts. Where HP Customer Support provides a printer replacement, all earned Referral Incentives will be restored on the replacement printer.

    6. Changes and Termination. HP reserves the right to change, modify, disqualify You, Prospective Subscribers, or Referred Subscribers, as well as, suspend, terminate, or discontinue the Refer-A-Friend Program in its entirety at any time with thirty (30) days’ notice to You according to Sections 3 (“Changes to this Agreement and to the Instant Ink Services”) and 9.b (“Cancellation by HP”).

  1. FIFTEEN (15)-FREE-PAGES-PER-MONTH PROGRAM. The Fifteen (15)-Free-Pages-Per-Month Program (the “15-Free Program”) is a plan that offers You the opportunity to print fifteen (15) pages per month free of charge (“Free Pages”) through the Instant Ink Service. To participate in the 15-Free Program You must agree to the terms of this Agreement. HP is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations associated with the 15-Free Program. The 15-Free Program is subject to the following parameters:
    1. Rollover Pages. If, during any Month Period, You do not print all of Your Free Pages, then the unused Free Pages for that Month Period will not rollover and will not be available for use in subsequent Month Periods.

    2. Charges for additional pages. Unless otherwise specified, if You print more than the number of Free Pages in any Month Period, then HP will charge You overage fees in the amount of $1.00 (“Excess Fees”) for each additional block of ten (10) pages (“Overage Pages”). HP may, but is not obligated to, send You a communication when You are approaching the end of the Free Pages during a Month Period and are about to incur Excess Fees. Even if You do not receive any such communication or notice from HP, You will be liable for all Excess Fees incurred.

    3. Availability. The 15-Free Program is available only on select printer models (“Eligible Printers”). A current list of Eligible Printers is available at www.hpinstantink.com/freeplaninfo. The 15-Free Program may not be available in all countries. A current list of countries where the 15-Free Program is available may also be found at www.hpinstantink.com/freeplaninfo.

    4. Multiple Printers. You may enroll more than one Eligible Printer per household in the 15-Free Program. An enrolled Eligible Printer shall be referred to herein as an “Enrolled Printer.”

    5. No Downgrades. If You upgrade an Enrolled Printer from the 15-Free Program to a paid Service Plan (an “Upgraded Printer”), You may not subsequently downgrade the Upgraded Printer in order to return to the 15-Free Program. Additionally, You may not downgrade a printer from a paid Service Plan to the 15-Free Program.

    6. No Re-Enrollments. If You enroll an Eligible Printer in the 15-Free Program and then subsequently cancel or otherwise terminate the enrollment for such Eligible Printer, that Eligible Printer may not be re-enrolled in the 15-Free Program.

    7. Welcome Kits. You may not receive Your 15-Free Program welcome kit immediately. Welcome kits will be mailed at a later date, based on Your level of usage.

    8. No Combinations or Banking. The 15-Free Program may not be combined with other promotions or offers provided by HP. You may not accumulate free months from promotion codes for a future upgrade from the 15-Free Program.

    9. Changes and Termination. HP reserves the right to change, modify, suspend, terminate, or discontinue the 15-Free Program in its entirety, and to disqualify you from participation, at any time with thirty (30) days’ notice to You according to Sections 3 (“Changes to this Agreement and to the Instant Ink Services”) and 9.b (“Cancellation by HP”).

    10. Other Provisions. By participating in the 15-Free Program, You agree to receive email marketing communications from HP, including personalized offers from HP, HP partners or other third parties that may be based on actual usage data.

  1. FREE PHOTOS FROM YOUR SMART PHONE OR TABLET PROGRAM. The Free Photos From Your Smart Phone or Tablet Program (“Free Photo Program”) is an Instant Ink Program that offers Instant Ink Service customers the opportunity to print five inches by seven inches (5" x 7") or smaller photos free of charge (”Free Photos") from your smart phone or tablet through Your Instant Ink Service.

    HP is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations associated with the Free Photo Program.

    1. Availability. The Free Photo Program is available only on HP TANGO consumer printers (“Eligible Printers”) and in certain countries. A current list of Eligible Printers and countries where the Free Photo Program is available may be found at www.hpinstantink.com/freephotos.

    2. Free Photo Program Requirements. In addition to Your obligations and duties set forth in the Agreement, the following elements are required for Your use of the Free Photo Program: (i) An Active Ink subscription; (ii) An Eligible Printer; (iii) Android or iOS mobile device; and (iv) HP Smart App installed on your mobile device.

    3. Free Photo Limitations. Free Photos are limited to printed photos that are no larger than five inches by seven inches (5" x 7"). Any photos printed to paper larger than 5x7 will count against Your monthly plan pages and will not be counted as a Free Photo. You will be provided thirty (30) days notice of any changes or modifications to the number or size of Free Photos to you via email or text message, and any such details will be posted to Your Dashboard.

    4. Managing Your Free Photo Program through the Free Photo Meter. Your Dashboard will have a separate “Free Photo Meter” that will track the total number of Free Photos that You have printed. The Free Photo Meter will begin tracking Your Free Photos after you have (a) enrolled your Eligible Printer under an Instant Ink Service Plan and enrolled in the Free Photo Program.

    5. Changes and Termination. HP reserves the right to change, modify or disqualify You from participation, as well as, suspend, terminate, or discontinue the Free Photo Program in its entirety at any time with thirty (30) days’ notice to You according to Sections 3 (“Changes to this Agreement and to the Instant Ink Services”) and 9.b (“Cancellation by HP”).

  1. GENERAL TERMS AND CONDITIONS
  1. NO WARRANTY. YOU AGREE THAT THE INSTANT INK SERVICE, INSTANT INK READY CARTRIDGES, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK PROGRAMS, AND THE SITE ARE PROVIDED BY HP ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, HP DOES NOT PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE INSTANT INK SERVICE, INSTANT INK READY CARTRIDGES, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK PROGRAMS, AND THE SITE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) RELATED THERETO, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HP DOES NOT WARRANT THAT THE INSTANT INK SERVICE, INSTANT INK READY CARTRIDGES, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK PROGRAMS, OR THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED, AND MAKES NO WARRANTIES REGARDING THEIR TIMELINESS, ACCURACY OR RELIABILITY. Some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to You in their entireties, but will apply to the maximum extent permitted by applicable law.

  2. Intellectual Property Rights. You will not gain by virtue of this Agreement any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by HP. HP will retain exclusive ownership of the Instant Ink Service, Instant Ink Program Cartridges, Instant Ink Ready Cartridges, Instant Ink Programs, and the Site and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the Instant Ink Service, Instant Ink Program Cartridges, Instant Ink Ready Cartridges, Instant Ink Programs, and the Site. Instant Ink, HP, and any other product or service name, slogan or logo contained in or on the Instant Ink Service, Instant Ink Program Cartridges, Instant Ink Ready Cartridges, Instant Ink Programs, or the Site are trademarks of HP or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of HP or the applicable trademark owner. You may not use any metatags or any other hidden text utilizing any trademark of HP without HP’s prior written permission.

  3. LIMITATIONS OF LIABILITY AND REMEDIES. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE INSTANT INK SERVICE OR ANY PART THEREOF INCLUDING, BUT NOT LIMITED TO, AN INSTANT INK PROGRAM OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INSTANT INK SERVICE AND/OR THE APPLICABLE INSTANT INK PROGRAM. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HP, ITS SUCCESSORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS, LOST PROFIT, LOST REVENUE OR LOST DATA OR OTHER CONTENT) OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE INSTANT INK SERVICE, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK READY CARTRIDGES, INSTANT INK PROGRAMS, OR THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF HP, ITS SUCCESSORS, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT HP, ITS SUCCESSORS, OR AFFILIATES ARE HELD LEGALLY LIABLE TO YOU, HP'S, ITS SUCCESSORS’, AND AFFILIATES’ AGGREGATE MAXIMUM LIABILITY TO YOU IS LIMITED TO THE AMOUNT OF YOUR MONTHLY FEE PAID BY YOU TO HP FOR THE INSTANT INK SERVICE AND/OR AN INSTANT INK PROGRAM FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. Some jurisdictions do not allow the exclusion or limitation of particular types of damages, so the above limitation or exclusions may not apply to You in their entireties, but will apply to the maximum extent permitted by applicable law.

  4. Compliance with Laws, Including Export Laws. You agree to comply with all applicable laws and regulations. Without limiting the foregoing, You are responsible for compliance with U.S. and other applicable countries’ export control laws and regulations (“Export Laws”). You will comply with all Export Laws to ensure that the Instant Ink Service, the Instant Ink Program Cartridges, Instant Ink Ready Cartridges, and any related materials, including but not limited to technical data, are not (1) exported or re-exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including without limitation nuclear, chemical or biological weapons proliferation. Without limiting the foregoing, You agree that the Instant Ink Service, the Instant Ink Program Cartridges, Instant Ink Ready Cartridges, and related materials may not, in violation of any Export Laws or other applicable laws or regulations, be exported or re-exported (i) into any U.S. embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

  5. No Responsibility for Third Party Materials or Websites. Certain content, offers, products, services and other materials made available via the Instant Ink Service to You are from third parties (“Third Party Materials”), and You agree that HP is not liable for Third Party Materials. Your use of Third Party Materials is at Your own risk and may be subject to additional terms. In addition, links from the Instant Ink Service and the Site to third party websites (“Third Party Websites”) may be provided, and HP is not liable for Third Party Websites or Third Party Materials made available through them. The HP Privacy Statement is not in effect on Third Party Websites and HP is not liable for any use of Your information by them.

  6. Governing Law. Any disputes arising out of or otherwise relating to this Agreement, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of the state in which You currently reside without regard to its conflict-of-law principles.

  7. Entire Agreement; Order of Precedence. The terms of this Agreement, together with the Service Description Terms and other HP terms expressly referenced in this Agreement or applicable to the Instant Ink Service or an Instant Ink Program that You have agreed to, constitute the entire understanding between You and HP relating to the Instant Ink Service and will supersede any previous communication, representation or agreement whether oral or written. In the event of any conflict between this Agreement and any Service Description Terms, the terms of this Agreement shall control. In the event of any conflict between this Agreement and the HP Connected terms of use, the terms of this Agreement shall control. In the event of any conflict between this Agreement and any other separate terms applicable to the Service (i.e. promotional offer terms), the conflicting separate terms shall control.

  8. Miscellaneous:  HP’s failure to exercise any right under this Agreement will not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of the Agreement will remain in full force and effect. You may not assign this Agreement by operation of law or otherwise; HP may assign this Agreement. The section titles in this Agreement are for convenience only and have no legal effect. This Agreement will be interpreted without application of any strict construction in favor of You or against HP. Without limiting any other provision in this Agreement, HP shall not be liable for any failure of the Instant Ink Service, Instant Ink Program Cartridges, Instant Ink Ready Cartridges, or the Site which results from acts or events beyond its reasonable control. All terms in this Agreement that by their nature would survive termination of this Agreement upon cancellation of Your Instant Ink Service (including but not limited to those terms related to limits on HP’s and its affiliate’s liability, Your liability, applicable law, Your payment obligations for the Instant Ink Service, and Your obligation to return Instant Ink Program Cartridges to HP in the manner designated) will survive termination.