Last updated: November 27, 2023

1. Introduction

This Hardware Agreement (“Hardware Agreement”) is a binding legal agreement between you and Boulevard Labs, Inc. (“Boulevard”) that governs your purchase and use of our payment-enabling hardware and similar equipment (our “Hardware”). By placing an order for our Hardware, you accept and agree to the terms of this Hardware Agreement. 

In order to use our Hardware, you must be at least 18 years old, must have a Customer Account in good standing in accordance with the Main Services Agreement (“MSA”), and must keep your payment and personal information accurate and complete. Our Hardware may only be used for business purposes and is subject to our Acceptable Use Policy.

The MSA separately governs your use of the Boulevard Services. If you see an undefined term in this Hardware Agreement, it has the same definition as in the MSA. You acknowledge that this Hardware Agreement is hereby incorporated into and made part of the MSA. Except as expressly provided herein, this Hardware Agreement supplements the Parties' rights and obligations under the MSA. In the event of any conflict between the MSA and this Hardware Agreement, this Hardware Agreement will apply with respect to the purchase and use of our Hardware. This Hardware Agreement may be updated by Boulevard from time to time upon reasonable notice, which may be provided via Customer’s Account, email, or by posting an updated version of this Hardware Agreement at https://www.joinblvd.com/legal/hardware-agreement.

2. Availability and Shipping

Every effort is made to maintain sufficient stock of all the Hardware we offer. Potential inventory shortages at our distributor or other fulfillment issues may impact our ability to fulfill an Order or cause delays. We reserve the right to delay fulfillment or cancel an Order if we are, for any reason, unable to fulfill the Order requirements. If we delay an Order or are unable to fulfill an Order, we will notify you by email.

Your order is shipped using a carrier that we have selected. Once you place your order on our online store, we will provide you with an estimated delivery time. Every effort is made to facilitate the delivery of your order on time. Once your order is fulfilled and placed in the hands of our selected shipping carrier, we cannot guarantee any delivery date indicated by the carrier.

You acknowledge and agree that change of title and ownership, and risk of loss, of any ordered Hardware shall transfer to you at the point of shipment.

3. Returns and Refunds

You may return most Hardware within 30 days of it being shipped to you, as long as it is in new condition and has the original packaging. No returns are accepted over 30 days. We only accept returns of the Hardware we sell directly to you. Please contact Boulevard support at support@blvd.co to initiate a return. If we suspect you’re abusing the return policy (for example, by returning products on multiple occasions or on a seasonal basis), we reserve the right to refuse your return.

4. End-users and resellers

We reserve the right to refuse to sell and ship any Hardware to you if we have reason to believe you are not a Boulevard Customer. Likewise, customer support and the Limited Warranty described below in Section 5 is only available to the original Hardware purchaser. We do not currently sell to or work with resellers.

5. Limited Warranty

We sell a combination of our own and third-party Hardware to create a modern point-of-sale. Our Hardware comes with a 1-year warranty covering defects in manufacturing discovered while using the product as recommended by the manufacturer. Boulevard will replace such defective Hardware at no cost to you as described below.

The warranty does not cover damage caused by misuse, abuse, unauthorized modification, improper storage conditions, lightning, or natural disasters. Boulevard will determine, in its sole discretion, if your warranty claim is valid. Please contact Boulevard support at support@blvd.co to initiate a warranty claim. We will inform you whether your claim is accepted. Once accepted, we will send you a replacement Hardware unit and ask that you return the original Hardware unit. 

Your replacement Hardware unit may be a new unit or a refurbished unit, at Boulevard’s discretion.  As a courtesy, we do not require that you first send the original Hardware unit back to us before we issue you a replacement unit. However, receipt of the original Hardware unit is important to us; we test those units to improve future hardware and/or are able to refurbish them. We ask that you return the original Hardware unit within 30 days of receipt of the replacement Hardware unit. If we do not receive the original unit within 30 days, we reserve the right to charge your primary payment method on file on your Customer Account for the full price of the replacement Hardware unit without prior notice or consent, or otherwise offset, debit, or charge such amounts from funds: (i) due to Customer under this Agreement, including from Customer’s Payout Account or in Customer’s Reserve (as described in the Payment Terms) or (ii) from other Customer payment instruments or accounts registered with Boulevard. 

The 1-year warranty begins on the original unit’s fulfillment date. A replacement unit does not extend the 1-year warranty. All third-party products resold by us are covered by their original manufacturers’ warranties. Please check with the manufacturer directly for further information.

6. Additional Disclaimer & Limitation of Liability

In addition to Boulevard’s, Disclaimer, and Limitation of Liability described in Section 7 of the MSA, we make the following Disclaimer and Limitation of Liability in connection with the Hardware:

Boulevard does not accept liability for the purchase, use or return of the Hardware or other products beyond the remedies set forth herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY DESCRIBED IN SECTION OF THIS AGREEMENT IS PROVIDED IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY BOULEVARD OR THIRD-PARTY PRODUCT. ACCORDINGLY, BOULEVARD EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMER, BOULEVARD LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION AND REMEDY OF THE LIMITED WARRANTY. IN NO EVENT WILL BOULEVARD BE LIABLE FOR ANY LOSS OR DAMAGE OR FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES HOWEVER CAUSED ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY BOULEVARD OR THIRD PARTY PRODUCTS, INCLUDING AVAILABILITY FOR USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTED DATA OR SOFTWARE, LOSS OF GOODWILL, OR LOSS OF REPUTATION.