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Addendum to the Terms of Purchase and Service (Self-Installation)

ADDENDUM TO THE TERMS OF PURCHASE AND SERVICE

This Addendum to the Terms of Purchase and Service and other terms referenced therein (this “Addendum”) is entered into as of the date set forth below (the “Effective Date”) by the customer identified below (the “Customer”). Customer hereby elects to opt for self-installation of the Product in lieu of professional installation services.

The Terms of Purchase and Service located at https://amp.ai/terms, the Privacy Policy located at https://amp.ai/privacy-policy and the Cancellation, Return Policy and Limited Warranty made available with the Product (collectively, the “Agreement”) are hereby amended and supplemented as set forth below to permit Customer to self-install the Product.

1. Definitions.

1.1 Unless explicitly stated otherwise in this Addendum, all defined terms herein shall have the same meaning ascribed thereto in the Agreement. The term “Manual” shall mean the Installation Guidelines, as set forth in Exhibit A attached hereto.

2. Amendments.

2.1 Section 2.2 of the Terms of Purchase and Service (Installation)

is hereby amended and supplemented as follows:

“Notwithstanding the aforementioned, Customer is responsible for self-installation of the Product, or for facilitating installation using third-party providers separate from amp fit. Amp fit shall exert commercially reasonable efforts to provide guidance to Customer through the installation process but otherwise makes no guarantees about installation support provided to Customer.

Customer’s responsibility includes, but is not limited to: (i) reviewing and complying with any installation guidelines as set out under Exhibit A herein; (ii) identifying a suitable location for installation of the Product and moving and removing furniture or valuables from the work area, as the work area must be clear of obstacles; (iii) installing the Product securely so that it will not become dislodged due to weather or external factors.

Without derogating from the generality of the foregoing, Customer further confirms that amp fit will not be liable for any damage to Customer’s premises resulting from installation of the Product. For clarity, amp fit will not be providing any uninstallation services, nor will it disassemble, deconstruct or break down the Product even if necessary for removal.

If Customer chooses to uninstall the Product, amp fit shall not be responsible for repairing any damage or changes made to the premises. Customer hereby expressly releases, waives, discharges, covenants not to sue and holds harmless amp fit from and against any loss, liability or damage to Customer’s property, including, but not limited to, any changes or alterations to the premises (changes to walls, baseboards, floors, etc.) in connection with the installation or removal of the Product.”

2.2 Section 8 of the Terms of Purchase and Service (Disclaimers, Limitations of Liability and Indemnification)

is hereby amended and supplemented as follows:

“Notwithstanding any provision in Section 8 of the Terms of Purchase and Service, Customer acknowledges and agrees that by electing self-installation of the Product, Customer assumes all risks associated with the installation process and any consequences arising therefrom.

Customer expressly acknowledges that: (i) improper installation may result in personal injury, death, or property damage; (ii) Customer is solely responsible for ensuring that the installation location has adequate structural support, appropriate wall composition, safe and compliant electrical power supply, and otherwise meets all installation guidelines set forth in the Manual; (iii) Customer is solely responsible for determining the suitability and safety of the installation location; (iv) amp fit makes no representations or warranties regarding the suitability of any location for installation of the Product; and (v) any failure of the Product to function properly, or any damage or injury resulting from improper installation, shall not be covered by any warranty, return policy, or other remedy provided by amp fit.

Customer further agrees that the limitations of liability and disclaimers set forth in Section 8.1 and 8.2 of the Terms of Purchase and Service shall apply with full force and effect to any and all claims, damages, losses, or injuries arising out of or related to Customer’s self-installation of the Product, and that in no event shall amp fit or any amp fit Entity be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to self-installation.

Customer acknowledges that this assumption of risk and release of liability is a material inducement for amp fit to permit self-installation.”

2.3 Section 8 of the Terms of Purchase and Service (Disclaimers, Limitations of Liability and Indemnification)

is further amended to add the following provisions:

“(a) Customer agrees to defend, indemnify, and hold harmless amp fit and all amp fit Entities from and against any and all third-party claims, demands, actions, losses, damages, costs, expenses (including reasonable attorneys’ fees), liabilities, and judgments arising out of or related to: (i) Customer’s self-installation or third-party installation of the Product; (ii) any injury to person (including death) or damage to property caused by or arising from the installation; (iii) any failure of the installation to comply with applicable laws, codes, or regulations; and (iv) any structural failure, electrical malfunction, or other installation-related defect. This indemnification obligation shall survive termination of the Agreement.

(b) The disclaimers in Section 8.1 are supplemented to expressly disclaim any and all warranties, representations, or guarantees regarding:; (ii) the adequacy of structural support at Customer’s premises; (iii) the safety or compliance of Customer’s electrical system; (iv) the quality or qualifications of any third-party installer engaged by Customer; and (v) any remote installation guidance or support provided by amp fit.

(c) Customer acknowledges that amp fit has made no representations regarding whether self-installation is appropriate for Customer’s specific circumstances, premises, or skill level, and that Customer proceeds with self-installation entirely at Customer’s own risk and discretion.”

2.4 The Cancellation, Return Policy and Limited Warranty

referenced in the Terms of Purchase and Service is hereby amended to add the following:

“Notwithstanding any other provision in the Cancellation, Return Policy and Limited Warranty, Customer acknowledges and agrees that if Customer elects self-installation, Customer’s right to return the Product or receive a refund may be limited or voided if: (i) the Product has been improperly installed; (ii) the Product has been damaged during Customer’s installation process; (iii) the installation has resulted in modifications to the Product that prevent its resale; or (iv) Customer is unable to properly package the Product for return.

amp fit reserves the right, in its sole discretion, to inspect any returned Product and assess restocking fees or deny returns based on the condition of the Product.”

3. General Provisions.

3.1 This Addendum is effective as of the Effective Date and shall continue to be valid for as long as the Agreement is valid. This Addendum shall expire automatically upon termination or expiration of the Agreement.

3.2 This Addendum constitutes an integral part of the Agreement and shall be incorporated into the general terms and conditions thereof.

3.3 All provisions of the Agreement which are not amended herein shall continue to be valid and in full force and effect. In case of any discrepancy between this Addendum and the Agreement in relation to the subject matter dealt with in this Addendum, the provisions of this Addendum shall prevail.

3.4 This Addendum, together with the Agreement and the documents referenced herein, constitutes the entire agreement between the Parties and supersedes all prior agreements, undertakings, negotiations, and discussions between the Parties, whether oral or written, with respect to such subject matter.

3.5 If any provision of this Addendum is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

By accepting these terms, Customer acknowledges that they have read, understood, and agree to be bound by this Addendum, including all risk assumptions, releases, and indemnities herein. Customers proceed with self-installation at their own risk.

EXHIBIT A

INSTALLATION GUIDELINES

1. Locate two (2) studs on the wall using a stud finder. Can also be installed on a solid surface like poured concrete, cinderblock, or solid wood panels if 2 studs aren’t available.

2. Using the mounting template out of the box, rest the bottom of the template on the floor. Line up the 6 holes on the center of the right stud and ensure the template is perfectly plumb and level. Mark 6 holes with a pencil. With the template still in place, find the left stud and make a mark on the center of the stud at each slot in the template.

3. Drill a 5/32” pilot hole at each of the 8 marks on the wall for wood studs.

  • For metal studs, drill up to a 1/2” hole.
  • For concrete/cinder block, drill up to a 3/8” hole.

4. Attach the lower wall bracket with two (2) 1/4” lag bolts and washers for wood studs.

  • For metal studs, attach with two (2) 1/4” Togglers and toggle bolts.
  • For concrete/cinder block, insert Fischer plug into 3/8” hole and hammer it in so that it is flush with the wall. Attach with two (2) 1/4” lag bolts and washers.

Ensure the lower wall bracket is plumb, level and secured tightly.

5. Attach the upper wall bracket with two (2) 1/4” lag bolts and washers for wood studs.

  • For metal studs, attach with two (2) 1/4” Togglers and toggle bolts.
  • For concrete/cinder block, insert Fischer plug into 3/8” hole and hammer it in so that it is flush with the wall. Attach with two (2) 1/4” lag bolts and washers.

Ensure the upper wall bracket is plumb, level and secured tightly.

6. Attach the shelf with four (4) 1/4” lag bolts and washers. Do NOT fully tighten these yet.

  • For metal studs, attach with four (4) 1/4” Togglers and toggle bolts. Do NOT fully tighten these yet.
  • For concrete/cinder block, insert Fischer plug into 3/8” hole and hammer it in so that it is flush with the wall. Attach with four (4) 1/4” lag bolts and washers. Do NOT fully tighten these yet.

7. Place a towel or microfiber cloth over the metal portion of the right side of the shelf to protect the machine while mounting it.

8. Lift the amp machine and hang it on the upper and lower wall brackets. The machine should sit flush on the upper and lower brackets.

9. Ensure the machine is plumb and level, then tighten the M8 bolt that attaches the machine to the upper bracket (hole on the top of the machine).

10. Attach the four (4) M6 bolts that secure the shelf to the side of the machine. Get these threaded about half way so the shelf can still move a bit - do NOT fully tighten yet.

11. Place level onto the wooden shelf. Ensure it is perfectly level, and then fully tighten the four (4) 1/4” lag bolts that go into the wall/stud and then fully tighten the four (4) M6 bolts that attach the shelf to the side of the machine.

12. Plug in the wireless charging cable into the port on the side of the machine (right where the M6 bolts attach). Then place the small plastic cover over the bolts - the cutout/notch goes closest to the wall and is held on by magnets.

13. Slide the back plastic cover onto the shelf, ensuring that it sits flush against the wall.

14. Plug in the power cord underneath the machine and flip the power switch on.

15. Test the machine by moving the arm up and down (pulling out on the knob) and changing the angle of the arm (pushing in on the knob). Attach one of the 5 attachments, turn the dial on the front of the machine to increase the weight, and do some reps/pulls to ensure the machine is secured properly on the wall - the machine shouldn’t move on the wall or make any loud noises.

To get full instructions on installing the amp device visit the app “Bilt”, search for “ampfit” & you will find full instructions.