Instant Ink Terms of Service

Instant Ink (the “Service”) is a subscription ink or toner cartridge supply service that allows the purchaser of the Service (“You” or “Your”) to print from your printer without purchasing cartridges, and instead paying a subscription fee on a monthly basis, calculated on number of pages available for print according to a selected plan. The monthly number of pages available for print will vary depending on the Service Plan chosen by You and the number of pages actually printed in the month (see section 6 – Choosing a Service Plan). Once You commence Your subscription, You will continue to be charged in accordance with this Agreement until You cancel the subscription for each printer enrolled.

ATTENTION: BEFORE PURCHASING THE SERVICE, PLEASE CAREFULLY READ THESE “Instant Ink TERMS OF SERVICE” (THE “AGREEMENT”) AND THE Instant Ink SERVICES DESCRIPTION AT THE “HOW IT WORKS” SECTION AT WWW.HPINSTANTINK.COM, AS THEY WILL GOVERN YOUR USE OF THE SERVICE. WE ENCOURAGE YOU TO PRINT OUT OR SAVE A PDF COPY OF THIS ENTIRE DOCUMENT AND REFER TO IT AS YOU USE THE SERVICE. YOU WILL ALSO RECEIVE THESE TERMS AND CONDITIONS BY EMAIL TO YOU UPON ACCEPTANCE.

THE SERVICE IS NOT AVAILABLE IN ALL LOCATIONS (SEE “WHERE IS INSTANT INK AVAILABLE” IN THE FAQ SECTION AT WWW.HPINSTANTINK.COM).

THIS AGREEMENT IS BETWEEN YOU AND THE FOLLOWING HP ENTITY OR ITS SUCCESSORS (“HP”):

HP CONTACT ADDRESS: HP Inc.

1501 Page Mill Road, Palo Alto, CA 94304

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

IN ORDER TO PURCHASE AND USE THE SERVICE, YOU MUST BEFORE READ AND ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING THE OVERAGE FEES TERMS, THE REQUIREMENT OF INTERNET CONNECTIVITY FOR YOUR PRINTER, HP’S RIGHT TO INCREASE PRICING, AND THE CANCELLATION TERMS.

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 SERVICE.

INDEX

1. DATA COLLECTION.

2. AGREEMENT TO CONTRACT ELECTRONICALLY.

3. CHANGES TO THIS AGREEMENT AND TO THE SERVICE.

4. YOUR REPRESNTATIONS AND OBILIGATION.

5. SERVICE REQUIREMENTS.

6. CHOOSING A SERVICE PLAN.

7. PAYING FOR YOUR SERVICE.

8. MANAGING YOUR SERVICE.

9. CANCELLATION.

10. HP INSTANT INK PROMOTIONS.

11. GENERAL TERMS AND CONDITIONS.

1. DATA COLLECTION.

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

2. Remote Monitoring. HP must be able to remotely monitor (1) Your printer page count and cartridges status, and (2) Your usage of the Service, in order to ensure that You are receiving the requested Service, to prevent unauthorized use of Your account and to improve Your experience with HP products and services. Remote monitoring may include provision to HP of one or more of: 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 cartridge 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 Service as may be added by HP from time to time.

3. Sharing of Personal Data. In order to provide You with the Service and optimize your experience, HP will also need to share Your personal data with either the HP retailer from which you obtained the Service enrolment key, pin, or promotional code or the HP 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, Province, email, printer model, printer serial number, enrollment card, pin, promotional code, serial number, the subscribed Service plan, date of the Service registration, and retailer store where the Service enrolment key or promotional code was distributed.

2. AGREEMENT TO CONTRACT ELECTRONICALLY.

You agree to contract electronically with HP. This means that when You click the button to complete Your purchase of the 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/or computer (“Service Account”) or by posting notices on www.hpinstantink.com. (the “Site”), or on Your 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 Service.

3. CHANGES TO THIS AGREEMENT AND TO THE SERVICE.

HP may modify this Agreement or any part, version, or feature of the Service (including without limitation the Service Plans, Service Plan Fees and Promotions, all as defined below) at any time to:

1. reflect changes in HP technology / other systems;

2. reflect changes in regulatory requirements, legislative changes or ombudsman decisions,

3. implement new Service offerings, promotions, or programs being made available;

4. implement minor adjustments and improvements. These changes will not affect Your use of the Service;

5. reflect changes in HP’s costs; and

6. any other valid reason,

with thirty (30) days prior notice to You by posting a notice of such modification on the Site. HP may also send notification of such modification to You to the email and/or telephone number listed on Your Dashboard. Your continued use of the 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 Service and cancel it by following the directions inSection 9(“Cancellation”) below. In addition, HP may suspend the Service to You, refuse to provide the Service to You or cancel Your use of the Service, and may modify, suspend or discontinue the Service (or any version, part or feature thereof) in accordance with the terms in Section 9.b (“Cancellation by HP”).

We will endeavor to post prior versions of this Agreement, if any, for the preceding 36-month period.We will also send you an email confirming registration and containing the terms and conditions.

4. YOUR REPRESENTATIONS AND OBLIGATIONS.

By purchasing the Service, You hereby represent that:

1. Age and Residency.You are at least eighteen (18) years old, have the legal right, capacity and authority to enter into this Agreement with HP and to be legally bound by its terms, and, if applicable, You are duly authorized by Your employer to enter into this contract on behalf of Your employer;

2. No Public Sector.You are not purchasing the Service in Your capacity as a public sector employee or otherwise intend to use the Service for any government or public sector-related use;

3. Any and all information provided by You to HP or HP authorized Resellers ("HP resellers") in connection with the 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 reseller as applicable of any change to such information;

4. The Service is purchased by You for Your individual purpose, not for resale, redistribution or to otherwise share with other parties and you represent that You will not use the 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 Service or otherwise engage in illegal activities with respect to the Service, and you represent that You, and not HP, are responsible for anything printed on Your printer while using the Service;

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

7. You are responsible for all usage of Your Service Account and 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 Service, the Subscription 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.

5. SERVICE REQUIREMENTS.

1. E-mail and HP Smart Account 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 Service. In order to purchase and receive the Service, You must create and maintain an HP Smart account (“HPS Account”). You will manage and pay for your Service through your Dashboard. You may access Your Dashboard through Your HPS Account at https://hpinstantink.com/signin.

2. Service-Compatible HP Printer required.In order to use the Service, You must have a Service-compatible HP printer. For a list of 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 remotely, without notice to You, in order to provide the 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 Service is provided pursuant to the software licensing terms that accompanied Your printer or pursuant to the HP Smart terms of use as applicable.

3. Your Printer needs to be connected to the Internet. In order to be able to use the 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 Service.If Your printer is not connected to the Internet, then the Subscription Cartridges (as defined in section d. below) will be disabled, and You will not be able to use them to print; however, You will continue to be charged for the Service as described in Section 7 (“Paying for Your Service”).In order to reactivate disabled cartridges, You will need to reconnect Your printer to the Internet and keep it connected. If you need help, 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 inSection 7 (“Paying for Your Service”) and will impact the timeliness of Your being billed for the Service.

4. Subscription Cartridges provided to You.

   1. HP may communicate with You by e-mail, by text message, messages on Your printer and computer (“Service Account”). The status of the HP cartridges included as part of a printer purchase does not change unless and until You activate Your Service Account. When you have created Your Service Account, the Service will automatically recognize and activate your HP cartridge as a “Subscription Cartridge”. If the printer You purchased came with Subscription Cartridges, carefully review the included written materials. Activated Subscription Cartridges may only be used in conjunction with the Service. HP will thereafter send You additional Subscription Cartridges to allow for Your continued printing through the Service. If no regular HP cartridges or Subscription Cartridges were included with the Service-compatible printer that You purchased, then HP will send Subscription 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 Subscription Cartridges to You through the Service. You remain fully responsible for Subscription Cartridges sent to mailing addresses that appear in Your Service Account that You have failed to update, and You must reimburse HP for any costs associated with the failure. 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 Subscription Cartridges. HP provides the Subscription Cartridges available to You solely to enable Your use of the Service. The Subscription Cartridges will work only with the corresponding printer designated in Your Service Account; You are not allowed to (i) use the Subscription Cartridges with any other printer (including but not limited to other printers that You may have enrolled under the Service), (ii) use the Subscription Cartridges outside the scope of the Service (unless HP expressly permits otherwise), or (iii) sell the Subscription Cartridges or otherwise provide them to others.

   4. While using the Service, You agree not to remove a Subscription Cartridge from Your printer and replace it with another Subscription Cartridge until prompted to do so 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 Subscription Cartridges to HP so that HP knows when to deliver replacement Subscription Cartridges to You.

   5. When Your Service is cancelled for any reason, HP will remotely disable the Subscription Cartridges and You will no longer be able to print with the Subscription Cartridges. In such a case, you will need to purchase a regular HP cartridge compatible with your printer, in order to continue printing.

5. Subscription Cartridges must be returned by You to HP. You must return to HP all used Subscription Cartridges by following instructions for return and using the materials provided to You by HP (if any). Without limiting the foregoing, You must return the Subscription Cartridges to HP when (i) the Subscription Cartridges have been removed from the printer or You otherwise cease using them, (ii) Your Service is cancelled for any reason, or (iii) HP otherwise directs You to return the Subscription Cartridges to HP. You agree to not include items other than the Subscription Cartridges in any HP-provided postage prepaid return envelopes that You send back to HP. You assume any and all 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 cartridges not returned to HP are handled in accordance with applicable environmental law.

6. Damaged Subscription Cartridges. Contact HP at the phone number listed at the top of this page if a Subscription Cartridge is damaged, leaking its contents or otherwise appears to require special handling, and HP will provide You with special instructions regarding how to return that cartridge and obtain a replacement.

6. CHOOSING A SERVICE PLAN.

1. Selection of a Service Plan. When You create Your Service Account You will select one of the offered 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”). Additional pages printed will be charged in blocks of available pages as described in Your Service Plan (“Additional Sets”). The first Month Period begins on the day that Your printer detects an activated Subscription Cartridge for the first time (“First Use”), and each subsequent Month Period begins on the same calendar day in the respective month. If Your first Month Period began in a month on a day not contained in a subsequent month, then Your Month Period in any such subsequent month will begin on the last day of such month. Your Service will continue on a month to month basis until Your Service is cancelled as described in Section 9 ’Cancellation‘.

2. Printed Page. A “PRINTED PAGE” IS A PAGE UPON WHICH ANY AMOUNT OF PRINTING IS PERFORMED 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 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 Service‘ for billing details.

4. Rollover Pages. When You do not print all of Your Service Plan Pages allocation (or pages in an Additional Set purchased) in a Month Period (“Included Pages”), then the unused Included Pages will roll-over (“Rollover Pages”) and be available for Your subsequent use, provided that the total number of Rollover Pages that you can carry over at the beginning of each Month Period is limited to three times for ink and two times for toner of Your monthly Service Plan Pages allocation for that Month Period. Any additional unused pages that You may have that exceed this limit would not become Rollover Pages and are forfeited at the end of the Month Period. Consequently, the total number of pages You can have available at the beginning of a Month Period is 4 times for ink and 3 times for toner of Your Service Plan Page allocation at that time (i.e. Your Service Plan allocation plus 3 times for ink and 2 times for toner the Service Plan pages allocation as Rollover Pages.) Promotions may vary treatment or availability of Rollover Pages in the applicable terms and conditions for the Promotion.

5. No transfer of Service. You cannot transfer Your Service to another individual or legal entity.

6. Replacement Printers. You can only transfer Your Service to another printer through the HP Instant Ink printer replacement process. The HP 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 Code. If You purchased or received an enrolment key or a pin code for the 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/pre-paid card to purchase the Service. HP is not responsible for a lost or stolen 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 Service account and applied to your Service Plan fee, after which Your credit or debit card will be charged for subsequent months.

7. PAYING FOR YOUR SERVICE.

1. Commencement of Charges for the Service and Billing Cycles. Unless otherwise specified in a Promotion described in Section 10 (“Instant Ink Plans Promotions”) 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 Service, such as a valid debit or credit card (“Payment Method”);

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

   3. Beginning one month after Your First Use, Your Payment Method will be charged on a Monthly Period (as defined in section 6.a above) basis for (i) the amount of Your Service Plan Fee, and (ii) any charges for additional pages over and above your Service Plan (“Overage Fees”), (collectively, “Your Monthly Fee”) plus taxes.
      
      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.

   5. Unless otherwise separately specified, for each month that You print more than the number of Your Service Plan Pages plus any applicable Rollover Pages, Your Payment Method will be charged for the Overage Fee associated with those additional pages, plus applicable Taxes. For example, for ink, if Your Service Plan entitles You to print fifty (50) pages for a Service Plan Fee of $2.99 and thereafter to 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 where you had no Rollover Pages available, 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.

   6. 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 Service is cancelled by You or HP.

   7. 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 Service, and the Subscription Cartridges will stop functioning, until payment can be collected; if HP is unable to collect payment from You, HP will cancel Your Service and terminate this Agreement pursuant to Section 9 (“Cancellation”).

   8. You can access Your billing information on Your Dashboard. You are responsible for all pages printed on Your printer while using the Service, whether or not You specifically authorized the printing of those pages.

2. 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 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 (“Changes to this Agreement and to the Service”).

3. Payment Processor. HP uses a third-party payment processor to invoice and process payment for the 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.

8. MANAGING YOUR SERVICE.

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

2. Customer Support Center. If You need assistance with the Service or Your Service Account, or have questions regarding Your Monthly Fees or the billing process, please contact HP Customer Support at the 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. When you have changed Your Service Plan, the cap on Rollover Pages will be calculated based on the new Service Plan for the first Month Period of the new Service Plan. To view Your current Service Plan and other details, go to Your Dashboard.

9. CANCELLATION.

1. Cancellation by You. You may cancel Your 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 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 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 or otherwise. Simply removing the Subscription Cartridges from Your printer, not printing, and/or not connecting Your printer to the Internet does not cancel Your Service or otherwise stop the Billing Cycles.

2. Cancellation by HP.

   1. Cancellation upon reasonable notice. In addition to HP’s rights under Section 3 (“Changes to this Agreement and to the Service”), HP may cancel Your Service at any time due toin its sole discretion for any or no reason upon thirty (30) days notification to You. Such reasons for cancelling Your Service may include, but not be limited to HP ceasing to provide the Service in general or a particular version, part or feature of the Service upon at least thirty (30) days prior notification to You at the email address or, if applicable, the text number listed on Your Dashboard. HP may cancel Your Service and this Agreement at any time in its sole discretion immediately upon notification to You if (i) You breach the terms of this Agreement (including but not limited to failing to pay for the Service or no longer having a valid Payment Method); or (ii) HP in its sole discretion believes that You otherwise abused the Service or engaged in any other action that merits termination of Your use of the Service.
      
      Cancellation by HP as per the above will entitle you to refund of advance payments made.

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

10. HP INSTANT INK PROMOTIONS.

HP may, from time to time, offer HP INSTANT INK promotions (“Promotions”) to Service subscribers that are in addition to the Service described in this Agreement. Each Promotion may be subject to additional terms and conditions made available to You prior to participation in the Promotion. Unless otherwise stated in the terms and conditions governing a Promotion, each such Promotion shall be governed by the terms and conditions contained in this Agreement. Additional Terms and Conditions for Promotions will be updated in the Promotions Schedule attached.

11. GENERAL TERMS AND CONDITIONS

1. No warranty.You agree that, to the fullest extent permitted by law, the service, Subscription Cartridges, promotions, 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 service, subscription cartridges, promotions, 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 service, subscription cartridges, promotions, 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 Service, Subscription Cartridges, Promotions, Dashboard 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 Service, Subscription Cartridges, Promotions, Dashboard and the Site. Instant Ink Plans, HP, and any other product or service name, slogan or logo contained in or on the Service, Subscription Cartridges, Promotions, Dashboard 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 SERVICE OR ANY PART THEREOF INCLUDING, BUT NOT LIMITED TO, A SERVICE PLAN, PROMOTION OR THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND/OR THE APPLICABLE HP SERVICE PLAN. 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 SERVICE, SUBSCRIPTION CARTRIDGES, HP INSTANT INKS, 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 SERVICE AND/OR AN SERVICE PLAN FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE OR SUCH AMOUNT AS IS THE MINIMUM AMOUNT ALLOWABLE AS SUCH A LIMIT ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, 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 Service, the Subscription 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 Service, the Subscription 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 AND WEBSITES.Certain content, offers, products, services and other materials made available via the 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 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 AND ONLINE DISPUTE RESOLUTION.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 in force in the jurisdiction in which You currently reside without regard to its conflict-of-law principles (the “Governing Law”).

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 Service or Service Plan that You have agreed to, constitute the entire understanding between You and HP relating to the Service and will supersede any previous communication, representation or agreement whether oral or written. In the event of any conflict between this Agreement and (i) any Service Description Terms; (ii) the HP Smart terms of use (www.hpsmart.com/tou); or (iii) the terms, conditions and policies of a third-party invoicing and order processor, 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 Service, Subscription 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 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 Service, and Your obligation to return Subscription Cartridges to HP in the manner designated) will survive termination.

1. REFER-A-FRIEND PROMOTION. You and Your referrals (“Prospective Subscribers”) may be qualified to each receive one free month of the Service (the “Referral Incentive”) through the Refer-a-Friend Promotion. You and Prospective Subscribers that wish to participate in the Refer-a-Friend Promotion must agree to this Additional Promotional Terms and Conditions (“Promotions Terms”). HP is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations associated with the Refer-a-Friend Promotion.

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 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 Promotion, Your Service Accounts must be in good standing, and You must comply with this Agreement.

2. Qualified Referrals. Only qualified referrals to Prospective Subscribers will count toward Your receipt of Referral Incentives under the Refer-a-Friend Promotion. Qualified referrals consist of Prospective Subscribers that (i) use a Referral Link/Code, (ii) are not currently Service subscribers, (iii) meet the eligibility requirements to use the Service stated herein, and (iv) complete the sign-up process for the 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 Service enrollment process) will receive one free month of Service (the “Promotion Incentive”), equivalent to the Referred Subscriber’s chosen Service Plan. After the free month of Service expires, Referred Subscribers will remain enrolled in the Print 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 the Service, plus any Overage Fees 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 the Service will apply after any existing promotional credits have been used and/or the current billing cycle has ended. Any Overage Fees plus applicable taxes will be charged during the free month of the Service 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 Promotion. 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 Referral Incentive 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 Service under the Refer-a-Friend Promotion) 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 Service for any reason. Your Referral Links/Codes will be automatically deactivated upon termination of the Service. If you have a suspended Service Account, You may continue to refer Prospective Subscribers, but the Referral Incentives, if any, will only be applied to Your 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 Service Accounts. Where HP Customer Support provides a printer replacement, all earned Referral Incentives will be restored on the replacement printer.

2. TANGO - FREE PHOTOS FROM YOUR SMART PHONE OR TABLET PROMOTION. The Tango - Free Photos From Your Smart Phone or Tablet Promotion (“Free Photos Promotion”) is a Promotion that offers Instant Ink Service customers the opportunity to print photos of a size specified below, free of charge (”Free Photos") from your smart phone or tablet through Your Instant Ink Service.

1. Availability. The Free Photos Promotion is available only on HP TANGO consumer printers (“Eligible Printers”) and in certain countries.

2. Promotion Requirements.In addition to Your obligations and duties set forth in the Agreement, the following elements are required for Your use of the Free Photos Promotion: (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 the size specified below. Maximum Size of Free Photos five inches by seven inches (5" x 7“) thirteen by eighteen centimeters (13x18 cm) Any photos printed on paper larger than that size will count against Your Service Plan Pages and will not be counted as a Free Photo.

4. Managing Your Free Photo Promotion 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 a Service Plan and (b) enrolled in the Free Photos Promotion.

5. HP’s Liability. HP is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations associated with the Free Photos Promotion.

6. The Free Photos Promotion is not refundable or redeemable for cash, unless otherwise required by applicable law.

3. “Pause” Vacation Mode: The “Pause” feature is offered on a limited basis in select countries, including in UK, France, Germany, and North America, to customers based on criteria which are current plan, printing level, page limit, printer, age of printer, and number of shipments per year. “Pause” will be available only to those customers with no free months remaining and not currently on a freemium plan who select “cancelling temporarily” as their cancellation reason. Such customers may be offered a temporary pause of one month to three months.The “Pause” shall begin on the next billing cycle after selection. Customers may use this “Pause” option at most two times a year.

4. VIP Support: HP offers VIP Support to eligible customers on the 500-page and above plans. HP shall use commercially reasonable efforts to route customers who reach out to VIP Support to an experienced agent more promptly. In order to be provided VIP Support, Customers must use a separate number provided by HP to reach out to VIP Support, or allow their phone number to be recognized by callerID.

5. VIP Pantry: Through the Virtual Agent in US, UK, IE, CA, FR, and DE, customers on the 500 and above plans may request a spare cartridge once in their printer’s lifetime. HP may offer this feature based on the virtual agent availability in one of the listed countries and current enrolment in the 500 plan.

6. 500/1500 Plan: 500/1500 plans may not be available to all customers. You must be an existing customer to be eligible for 500 or 1500 plans.