Apprentice Terms of Service

  1. Lease.  Subject to the terms and conditions of the Agreement, Apprentice hereby leases to Customer, and Customer hereby leases from Apprentice, the Devices identified in the applicable order form for the subscription term.  Devices are the property of Apprentice.
  2. Delivery. Shipping terms are FOB Origin, Apprentice’s place of business. Risk of loss of the Devices will pass from Apprentice to Customer when Apprentice makes the Devices available to a shipping carrier selected by Apprentice or Customer (with the consent of the other party). Delivery will be deemed made upon transfer of possession to the carrier. Apprentice will have no obligation to deliver the Devices until the applicable fees have been paid.
  3. Customer Obligations. Customer may use the Devices solely with the Software and in compliance with the Agreement and the Documentation. The Devices may only be used for Customer’s internal business purposes. Customer will only use the Devices in a careful and proper manner for which they are intended and described in the Documentation. Customer will, at Customer’s sole expense, keep and maintain the Devices clean and in good working order and repair during the subscription term in accordance with the Documentation. If any Device is lost, stolen, or damaged, Customer will pay Apprentice the replacement cost of such Device.
  4. Device Management.

    (a)The IT administration and management of Devices will be conducted by Apprentice according to standards described in Apprentice’s Quality Management System (QMS) and Information Security Management System (ISMS).

    (b) Devices will be replaced at no cost to Customer if (a) there is a catastrophic Device failure resulting in inability for Customer to use such Device or (b) Apprentice determines that the Device needs to be rotated, as communicated to Customer with reasonable advance notice. Devices will be replaced at Customer’s cost due to non-normal wear and tear, including, but not limited to, drops, environmental impact or any unplanned replacement request. Replacement Devices will be procured, configured and shipped ready for use by Customer.

    (c) Notwithstanding the foregoing, future product versions and releases may require adjustment to Device management, Device make and model, and operator interface hardware by Apprentice without prior notice to Customer.
  5. Device Return. Customer will promptly return the Devices to Apprentice upon the first to occur of (i) Apprentice’s written request and (ii) upon any termination or expiration of the Agreement.