xBloom Complete Set Moonlight White

Subscription Terms and Conditions 

Last Updated January 23, 2026

When subscribing to a product or service with xBloom Thailand (the “Operator”), you as the subscriber (“You” or “Your”) represent, warrant, and covenant that you understand, accept, and agree to be bound to these Subscription Terms and Conditions and to your order form or digital order summary page (each, an “Order Form,” and collectively with these Subscription Terms and Conditions, the “Agreement”). Operator and you are referred to collectively as the “Parties.” 

Your Order Form, which is part of this Agreement, contains information about your subscription, including

(i) the physical products, and the condition thereof (e.g., new, refurbished, etc.), that you will receive on a rental basis as part of this Agreement (the “Rental Devices”);

(ii) any additional services you are entitled to receive (the “Added Services”);

(iii) any additional consumable products you are entitled to receive (the “Added Consumables”);

(iv) the monthly payment amount to be paid by you to Operator, which is subject to fluctuations in government fees or taxes (the “Recurring Payment”);

(v) any one-time setup fees (the “Setup Fee”);

(vi) the minimum commitment period, which could be as short as one month on a month-to-month basis (the “Commitment Period”);

(vii) the applicable merchant or manufacturer, if any, with whom Operator has engaged to provide an offering of the Services; and

(viii) if your subscription is for a fixed-term, the end date of the subscription (the “Subscription End Date”), or if no Subscription End Date is provided, the subscription will continue on a month-to-month basis until terminated.

Items (i) through (iii) of this paragraph are referred to collectively as the “Services.” “Designated Carrier” means Kerry, unless Operator specifies a different national common carrier or other means specified by Operator in a Return Instruction Notice. 

1. Order and Acceptance 

Operator has the right to review a subscription and terminate the subscription prior to the fulfillment of any Services, including prior to shipping the rental device to you. To the extent permitted by law, Operator may in its sole discretion reject any subscription. Neither you, nor any third party, shall have the right to appeal Operator’s determination, except as required under law. Operator may place a temporary authorization hold on your payment method before approving a subscription. If the subscription is not approved, the authorization will be released, and no charge will be captured. Rental equipment is intended to be primarily used at the delivery address listed on your Order Form. 

2. Term & Termination 

2.1. Term. This Agreement shall be effective from the date you submit your Order Form (the “Commencement Date”). The duration of a subscription under this Agreement shall be calculated from the date the Rental Device is delivered (the “Rental Device Delivery Date”), and it shall continue until the Subscription End Date. 

2.2. Termination. Termination of a subscription may be initiated through one of the following: 

(a) Automatic Termination. If a subscription is a fixed-term subscription for which a Subscription End Date is provided, then termination of the subscription shall automatically occur upon the Subscription End Date (or upon any modified Subscription End Date to which the Parties might agree). 

(b) Operator Termination. Operator may, at any time, with or without reason, provide written notice, including via email, text, Your customer portal, mail, or otherwise, to you that Operator is terminating a subscription, and the subscription shall terminate on the date specified by Operator, or immediately if no such date is specified. 

(c) Your Termination. You may provide notice to Operator via your subscription customer portal, telephone at 093-578-9082 or email at support@xbloom-thailand.com, expressly stating that you request to terminate a subscription, and the subscription shall terminate on the date provided by you, or at the end of the current billing period if no such date is specified. 

2.3 Effect of Termination; Survival. Upon termination of a subscription, Operator shall no longer be responsible for providing any Services related thereto, and you shall return all Rental Devices in a manner consistent with Section 3 of this Agreement. Upon termination of a subscription, the subscription, as well as any lease and/or rental associated with it, shall be deemed to have expired at the exact date and time of termination of the subscription. This Agreement shall terminate only upon the termination of all subscriptions, your return of all Rental Devices, and your full payment of all unpaid balances due to Operator. When termination is initiated, Operator shall no longer be responsible for providing any services to Subscriber, and Subscriber shall return any and all Rental Devices which Operator provided to Subscriber as prescribed under this Agreement. 

3. Rental Device Returns and Holdover Accrual and Charges 

Rental Devices must be returned in a condition similar to that in which they were received and returned in Operator’s original or Operator-provided replacement or approved packaging, with all associated parts, accessories, dongles, cables, instruction manuals, and other components. You shall take all reasonable efforts to package, secure, and return Rental Devices in a way designed to avoid damage, alteration, and theft. If you no longer have Operator’s original packaging or Operator’s original packaging is damaged after receipt by you, you must notify Operator. 

If you are obligated to return a Rental Device, or Operator requests you to return a Rental Device, you shall return such Rental Device in accordance with Operator’s instructions, and take all necessary steps to complete such return within seven (7) calendar days of Operator’s provision of a return method (the “Return Deadline”). More precisely, the date and time for the return of the Rental Device shall presumptively be Midnight UTC+7 Time seven calendar days from the date on which Your Subscription was terminated and therefore expired in the event of Operator Termination or Automatic Termination, and the date and time for the return of the Rental Device shall presumptively be Midnight UTC+7 Time seven calendar days from the last day of your current billing period under Your Subscription in the event that you elect to cancel your subscription under Section 2.2(c). The location and return address for the return of the rental device shall be at CentralwOrld store or delivery to address 187 Jaymart Tower Ramkhamhaeng Road, Krung Thep Maha Nakhon, 10240, TH, or as otherwise indicated to You by Operator in written notice, including via email, text, Your customer portal, mail, or otherwise. Presumptively, the method of return for Your Rental Device is that you will affix the return label provided to you by Operator to the return packaging containing the Rental Device and then take the package to an authorized carrier drop-off location, or other comparable parcel delivery location of Your choosing, or as indicated to You by Operator in written notice, including via email, text, Your customer portal, or otherwise. Operator shall be responsible for providing a method of return that is similar to that which you used to receive the Rental Device. If no such method is available, Operator shall be responsible for providing a reasonable alternative method of return. When Operator provides the method of return, the Rental Device will be deemed returned upon being duly placed by you into possession of Operator’s carrier for transport to Operator. If you are unable to complete your return using a method provided by Operator, you shall be responsible for, and bear all financial burden and associated liability with, procuring your own reasonable methods and means to promptly and securely return the Rental Device. When you do not use a method of return provided by Operator, the Rental Device will be deemed returned upon delivery to Operator by your carrier. 

If (i) you fail to meet the Return Deadline (other than as a result of Operator’s negligence); (ii) you return a Rental Device to Operator which is damaged or altered, either in form or function, from how it was provided to you (except normal wear and tear); or (iii) Operator has a reasonable, good-faith belief that you no longer have possession of a Rental Device, or that a Rental Device has been damaged or altered, either in form or function, from how it was provided to you (except normal wear and tear), then Operator may use all legal methods and remedies available to recover such Rental Device (or its replacement cost), including repossession, private investigation, third-party collection companies, civil litigation, and referral to law enforcement. 

You shall be immediately and fully liable to Operator for the cost to repair or replace the Rental Device or components thereof, which will not exceed the full replacement cost for the Rental Device. You shall be liable for any and all costs incurred by Operator, Operator’s affiliates, or third parties involved in the recovery of the Rental Device (or its cost) or collection of related costs, including actual attorneys’ fees (or reasonable attorneys’ fees, if actual attorneys’ fees are unavailable under relevant law), filing costs, and investigation and collection company fees. 

Ongoing Possession Fees. If your subscription for a Rental Device is terminated or cancelled and you fail to return that Rental Device by the Return Deadline following the effective date of termination and expiration of the subscription, you shall owe Ongoing Possession Fees for your continued possession of the Rental Device after cancellation (the “Possession Period”). The Possession Period begins one day after the Return Deadline. The Ongoing Possession Fees will be charged in a full amount of product retail price. The Parties agree these Fees constitute a reasonable estimate of Operator’s losses from loss of use, redeployment delay, and administrative burden, and are not a penalty. 

Automatic recurring subscription billing ceases immediately upon cancellation or termination of the subscription. However, if you do not return the Rental Device by the Return Deadline, Operator may, at its discretion and until the Rental Device is deemed returned, automatically charge your primary (and, if needed, non-primary) payment methods on file for accrued Ongoing Possession Fees or on another reasonable schedule selected by Operator, to the extent permitted by law. The Ongoing Possession Fees are in addition to any other amounts due and other obligations owed under this Agreement, including recovery of the Rental Device or its cost/replacement value, past-due balances, repair or missing-parts costs, investigation, collection costs, and actual attorneys’ fees (or reasonable attorneys’ fees, if actual attorneys’ fees are unavailable under relevant law).

The combination of unpaid and owed Recurring Payments, Ongoing Possession Fees, and any other amounts owed by you to Operator by virtue of this Agreement constitute your “Balance Due.” 

Holdover Compliance. Ongoing Possession Fees shall apply only where permitted by and consistent with applicable law and regulation, and shall not be assessed in any jurisdiction or circumstance where such assessment would be unlawful or unenforceable. 

Authorization for Partial Charges. If Operator is unable to collect the full amount due, You authorize Operator, to the extent permitted by law, to capture one or more partial or fractional payments (including multiple transactions in the same billing cycle) to any payment method on file until the total outstanding balance is paid in full. Any partial collection will be applied to Your outstanding balance and will not constitute a waiver, settlement, or accord and satisfaction of remaining amounts due. 

4. Rental Device Usage and Restrictions 

You agree to use the Rental Devices and other Services in compliance with law. You agree to read and comply with all Rental Device instruction manuals. If you do not receive an instruction manual with your Rental Device, you agree that You will immediately contact Operator for assistance and prevent use of the Rental Device until you have received and read an instruction manual. Furthermore, you agree to read and abide by any terms of service, usage agreements, health and safety warnings, or other such agreements in connection with the Services provided to you. 

YOU ACKNOWLEDGE THAT A FAILURE TO READ AND ABIDE BY ALL INSTRUCTIONS, WARNINGS, MANUALS, AND OTHER SUCH MATERIALS IN CONNECTION WITH SERVICES PROVIDED UNDER THIS AGREEMENT MAY RESULT IN SERIOUS INJURY OR DEATH TO YOU OR OTHER PERSONS OR DAMAGE TO PROPERTY. 

YOU ACKNOWLEDGE THAT RENTAL DEVICES PROVIDED MAY BE IN REFURBISHED CONDITION, IF SO INDICATED ON THE ORDER FORM. 

YOU SHALL INSPECT ANY RENTAL DEVICE PRIOR TO USE FOR ANY DEFECTS OR DAMAGE, AND IF ANY ARE IDENTIFIED, IMMEDIATELY REPORT THEM TO OPERATOR AND DISCONTINUE USE OF SUCH RENTAL DEVICE. 

YOU WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE RENTAL DEVICES AND OTHER SERVICES TO PROTECT ALL PERSONS AND PROPERTY FROM DEATH, INJURY, OR DAMAGE. 

You agree to take due care of all Rental Devices received in connection with this Agreement, including reasonable measures to prevent damage, alteration, and theft. You will not damage or perform any alterations of Rental Devices, including to form or function. You will not, and will not attempt to, circumvent, block, disable, remove, modify or reverse engineer any activation, licensing, theft-prevention or similar technological mechanism on any Rental Device. You will use Rental Devices only in the manner which they are intended to be used. You will prevent any third party from using a Rental Device or the other Services. 

You agree that You shall within forty-eight (48) hours report in writing to Operator: (i) any injuries or deaths incurred by you or others in connection with the Services; (ii) any damage or alterations, including to form or function, to Rental Devices; or (iii) any damage to other property caused in connection with the Services. If any of the foregoing occurred in connection with criminal conduct, including if a Rental Device was vandalized or stolen, you agree that You shall file a police report in the jurisdiction in which such conduct occurred within twenty-four (24) hours of such occurrence, or if not practicable within such time, then as soon as reasonably practicable thereafter. 

5. Payment; Subscription and Automatic Renewal 

5.1 On the Commencement Date, You agree that You shall pay Operator the first Recurring Payment. You also agree that You shall subsequently pay Operator the Recurring Payment every month after the Delivery Date of the Rental Device. All Recurring Payments shall be due and payable in advance of or during the month to which they apply, unless Operator expressly authorizes payment during such month, in which case payment shall be made in accordance with a schedule mutually agreed by the parties. 

When completing the Order Form, You agree that You shall designate a primary method of payment which Operator shall use to collect payment from you, and any non-primary payment methods as Operator requires. You agree to keep adequate funds available on such payment methods for Operator at all times, including following the termination of Your Subscription, to the extent You owe a Balance Due to Operator at any time. You authorize Operator to automatically collect authorized payments under this Agreement from you by means including: (i) charging your credit or debit cards; and (ii) direct debiting your bank accounts. 

You agree to pay Operator the amount of such monthly Recurring Payment that is specified in the Order Form in accordance with the terms of this Agreement. You hereby authorize Operator to charge your primary payment method identified on the Order Form for all amounts due under this Agreement, including without limitation: (i) each Recurring Payment on its respective due date, and (ii) any Balance Due at any time, whether such Balance Due arises during or after the termination of your subscription. If Operator is unable to collect payment from your primary payment method, you authorize Operator to charge any non-primary payment methods you have provided for the same purposes. You acknowledge and agree that Operator may charge your primary and non-primary payment options after your subscription has been terminated or canceled, including for amounts owed described in Section 3 (Rental Device Returns and Holdover Charges). Notwithstanding the foregoing, Operator is not obligated to collect payment from any method other than your primary payment method. You will promptly notify Operator if you seek to change your primary payment method, or if you are unable to meet your payment obligations. Operator reserves its discretion and all legal rights not to change or delete the payment methods that You have provided to Operator or others as part of Your subscription. Via this Agreement, You agree that You hereby provide ongoing consent for Operator to charge any payment method provided by You. Amounts due are calculated net of any applied Account Credits or accepted Concessions as reflected in Your portal. 

You shall not provide any payment information to Operator which you do not have full legal authorization to use. You shall be responsible for any government fees or taxes in connection with your subscription, including those taxes and fees that may fluctuate from time to time. If Operator fails to collect any applicable government taxes or fees, Operator shall have one (1) year to charge you for any such amounts. If you are charged in excess of the amount permissible under this Agreement, you shall notify Operator in writing of any billing or payment discrepancies within one (1) year of the discrepant charge, otherwise you shall be considered to have accepted any such charges as being in accordance with this Agreement and no longer disputable to the extent permitted by law. 

If you accrue an unpaid balance, Operator may use all legal methods and remedies available to collect such unpaid balance, including selling such balance to third-party collection companies and civil litigation. You shall be liable for any and all costs incurred by Operator, Operator’s affiliates, or third parties involved in the collection of your unpaid balance, including actual attorneys’ fees (or reasonable attorneys’ fees, if actual attorneys’ fees are unavailable under relevant law), filing costs, and collection company fees. 

5.2 Communications Consent; Automated and AI-Assisted Outreach. You consent and agree that Operator and its service providers may contact You for lawful purposes related to Your subscription, including account servicing, billing, scheduling, and recovery of Rental Devices or other property. Such communications may occur by email, text, telephone, Line-chat, at any contact point You provide or that is lawfully obtained by Operator. Some of these communications may be automated or generated with the assistance of artificial intelligence or similar technologies to help deliver timely notices and support. All communications will clearly identify Operator or its service providers as the sender. Consent to receive automated or AI-assisted communications is not a condition of obtaining the Services, and You may request non-automated alternatives or opt out of text messages. Operator will handle such communications in accordance with applicable law and its Privacy Notice.  

5.3 Account Credits, Concessions, and Charge Reversals. Operator may remedy service issues (e.g., delayed shipment, device downtime, erroneous billing) by, in its discretion, (i) issuing an “Account Credit,” (ii) offering a “Concession,” or (iii) processing a “Charge Reversal.” An “Account Credit” reduces future amounts that become due under this Agreement and will appear in Your portal as a negative balance; it does not reverse or cancel previously posted charges and is not redeemable for cash or transferable, except where required by law. A “Concession” is a one-time settlement offer presented with terms; if You accept it (including via a click-through or e-signature flow provided by Operator), it applies as stated and includes a limited release of claims relating to the described issue, without modifying this Agreement or constituting an admission of liability by Operator. A “Charge Reversal” is an adjustment voiding a specific charge; when applied, the underlying charge is treated as not owed. Unless expressly stated otherwise in writing by Operator, Account Credits and Concessions offset future charges and do not waive or retroactively negate posted Recurring Payments. Operator may choose among these remedies and will act in good faith and in accordance with applicable law. Nothing in this 5.3 limits statutory rights that cannot be waived.  

6. Refunds 

You are not entitled to any full or partial payment refunds. However, if your subscription is terminated by the Operator under Section 2.2(b), and you have paid or accrued an amount covering a period that extends beyond the effective termination date, Operator may refund or credit to your balance the prorated value of the unused days remaining in the Commitment Period. For clarity, Account Credits are not redeemable for cash and apply prospectively to future amounts due, except where cash refund is required by law or expressly agreed by Operator. 

7. DISCLAIMER: THIS IS NEITHER A RENTAL-PURCHASE AGREEMENT NOR WILL YOU ACQUIRE ANY OWNERSHIP IN THE RENTAL DEVICE AS A RESULT OF THIS AGREEMENT OR THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT; DISCRETIONARY SALES. 

YOUR SUBSCRIPTION IS NOT A RENT-TO-OWN PROGRAM OR AN INSTALLMENT SALE PROGRAM. AT NO POINT WILL YOU ACQUIRE OWNERSHIP OF A RENTAL DEVICE OR OTHER SERVICE BECAUSE OF THIS AGREEMENT. YOU ARE NOT ACQUIRING EQUITY OR ANY OTHER OWNERSHIP STAKE IN THE RENTAL DEVICE BY MAKING THE RECURRING PAYMENTS OR OTHERWISE PURSUANT TO THIS AGREEMENT, EVEN IF YOUR PAYMENTS EQUAL OR EXCEED THE RETAIL PRICE FOR THE RENTAL DEVICE OR SERVICE. 

HOWEVER, NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO MEAN THAT OPERATOR CANNOT SELL ITS OWN PROPERTY AT ITS DISCRETION SHOULD IT CHOOSE TO DO SO, MERELY THAT YOU NEITHER RECEIVE A RIGHT TO PURCHASE THE RENTAL DEVICE NOR OWNERSHIP IN IT BY VIRTUE OF THIS AGREEMENT. FROM TIME TO TIME AND IN ITS SOLE DISCRETION, OPERATOR MAY OFFER TO SELL DEVICES. ANY SALE WILL BE UNDER A SEPARATE WRITTEN PURCHASE AGREEMENT AT A SEPARATELY STATED PRICE, AND NO PRIOR RENTAL PAYMENTS WILL BE CREDITED TOWARD THE PURCHASE PRICE. 

8. Service Suspension 

If you accrue any unpaid balance or are otherwise in breach of this Agreement, Operator may, where permitted by law, immediately suspend Services. Where prior written notice is required by law, Operator will provide such notice before suspension. Operator may take all actions necessary to effect such suspension, with or without notice except where prohibited or where notice is required by applicable law, including by: (i) using technological methods to reduce functionality or disable Rental Devices; and (ii) cease delivery of any current or future Added Services or Added Consumables. You shall not be entitled to any prorated refund or delivery of regularly scheduled Services that you did not receive as a result of suspension. Operator may charge you any reasonable costs associated with effectuating and reinstating a service suspension, including labor time incurred by Operator. 

9. Insurance 

To the extent your jurisdiction requires you to obtain and maintain insurance for your rental, possession, or use of a Rental Device, you shall obtain and maintain all such required insurance from the Rental Device Delivery Date through the date that you return the Rental Device in a manner consistent with Section 3 of this Agreement. 

10. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, OPERATOR AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH PRODUCTS OR SERVICES OR OTHERWISE UNDER THIS AGREEMENT. IF PERMITTED UNDER PREVAILING LAW, THE MAXIMUM AGGREGATE AMOUNT OF DIRECT DAMAGES THAT OPERATOR WILL PAY YOU FOR CLAIMS UNDER THESE TERMS IS THE TOTAL FEES PAID TO OPERATOR BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 

11. Ownership and Licenses 

Operator’s and its service providers’ trademarks, service marks, logos, designs and trade dress may not be used in any form without the prior written consent from such party. All trademarks, services marks, logos, designs and trade dress not owned by Operator that appear in connection with these Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Operator. Operator reserves all rights in its intellectual property not expressly granted to you in this Agreement. 

Operator grants you a limited term, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services, which includes use of Rental Devices. Upon the termination of this Agreement, such license shall be immediately revoked. Operator may also revoke this license if Operator determines that you have breached this Agreement. 

You agree that Operator will process and use your information in accordance with Operator’s Privacy Policy. Operator’s current Privacy Policy is hereby incorporated by reference as part of these Subscription Terms. 

12. Representations 

By entering into this Agreement, you represent and warrant that you (i) are at least eighteen (18) years of age; (ii) have the authority to enter into this Agreement; (iii) are not entering into this Agreement under any false pretenses or malicious intent; and (iv) have not provided any false or fictitious information to Operator or its service providers. 

13. Limited Warranties 

YOUR RENTAL DEVICE WILL MEET OR EXCEED THE DESCRIPTIONS AND SPECIFICATIONS DISPLAYED TO YOU ON THE ORDER FORM FROM OPERATOR FOR YOUR RENTAL DEVICE. OPERATOR IS NOT RESPONSIBLE FOR DESCRIPTIONS OR SPECIFICATIONS OF RENTAL DEVICES OR SERVICES FROM ANY OTHER PARTY. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING YOUR ORDER FORM BEFORE YOU SUBMIT IT TO OPERATOR. YOUR SOLE REMEDY FOR A RENTAL DEVICE OR SERVICE BEING INACCURATELY DESCRIBED OR SPECIFIED IS TO RETURN IT IN A MANNER CONSISTENT WITH SECTION 3 OF THIS AGREEMENT WITHIN FIFTEEN (15) DAYS OF ITS DELIVERY TO YOU IN UNUSED CONDITION, OR IN MINIMALLY USED CONDITION TO THE EXTENT NECESSARY TO ASCERTAIN THE FOREGOING. OTHERWISE, THE SERVICES AND RENTAL DEVICES ARE PROVIDED “AS-IS,” AND OPERATOR AND ITS SERVICE PROVIDERS MAKE NO, AND TO THE EXTENT PERMITTED BY LAW HEREBY DISCLAIM ALL, EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REPRESENTATIONS, OR GUARANTIES REGARDING THE RENTAL DEVICES AND OTHER SERVICES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND SELECTING PRODUCTS AND DETERMINING WHETHER EACH PRODUCT IS FIT FOR A PARTICULAR PURPOSE AND SUITABLE FOR YOUR USE. PRODUCTS ARE NOT MANUFACTURED TO ANY INDIVIDUAL REQUIREMENTS OR SPECIFICATIONS. NO LICENSE UNDER ANY OF OPERATOR’S OR ANY SERVICE PROVIDER’S INTELLECTUAL PROPERTY RIGHTS IS GRANTED OR IMPLIED WITH ANY PRODUCT INFORMATION. 

14. Your Responsibilities; Assumption of Risk; Release of Claims 

Through your use of the Services and the Rental Devices, you agree that you will exercise due care and diligence in your possession, use and maintenance of the Rental Devices. Prior to your use of the Rental Devices, you agree that you shall carefully read and adhere to all warnings and instructions provided in any materials accompanying the Rental Devices, including any user manual that may accompany your Rental Device. You shall take all reasonable precautions to prevent damage, misuse, and mishandling of the Rental Devices while in your possession. You further agree to promptly notify the Operator if you become aware of or suspect any defects, malfunctions, or damages to the Rental Devices. In the event that the Rental Devices in your possession are damaged or defective, you shall promptly contact the Operator and follow the Operator’s instructions regarding your damaged or defective Rental Device. You agree that you shall not otherwise attempt to fix or have fixed any such Rental Device without the Operator’s prior written authorization. 

YOU ACKNOWLEDGE THAT THE RENTAL DEVICES PROVIDED UNDER THIS AGREEMENT MAY BE REFURBISHED, USED OR NOT OTHERWISE IN NEW CONDITION AND ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. YOU ASSUME ALL RISKS ASSOCIATED WITH THE POSSESSION, USE AND OPERATION OF SUCH RENTAL DEVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THERE IS A RISK OF LOSSES, INJURIES, DEATH, OR DAMAGES ARISING FROM OR RELATED TO THE POSSESSION, USE, OR MISUSE OF THE RENTAL DEVICES OR OTHER SERVICES OR A BREACH OF THESE TERMS, AND YOU ASSUME ALL RISK OF SUCH LOSSES, INJURIES, DEATH, OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE OPERATOR FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR SUCH LOSSES, INJURIES, DEATH, OR DAMAGES WHICH YOU OR OTHERS MAY EXPERIENCE ARISING FROM OR RELATED TO YOUR OR OTHER’S POSSESSION, USE, OR MISUSE OF THE RENTAL DEVICES OR OTHER SERVICES OR A BREACH OF THESE TERMS, INCLUDING WITHOUT LIMITATION WHERE SUCH LOSSES, INJURIES, DEATH, OR DAMAGES OCCUR AS A RESULT OF OR ARE RELATED TO THE CONDUCT OR ACTIONS OF THE MANUFACTURER OR MERCHANT OF THE RENTAL DEVICE; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR THE OPERATOR’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED OR EXCLUDED UNDER APPLICABLE LAW. 

15. Indemnification 

You shall indemnify, defend, and hold harmless Operator, its service providers, and their respective officers, directors, employees and agents (each, an “Indemnified Party”) from and against any and all damages, judgments, penalties, fines, losses, liabilities, costs and expenses (including actual attorneys’ fees, or reasonable attorneys’ fees, if actual attorneys’ fees are unavailable under relevant law), injuries or death to persons or damage to property, and payments for injuries or death to persons or damage to property, caused or claimed to be caused by you or by any Rental Devices or Services in connection with this Agreement, arising from any claim, action, or demand made or brought against any Indemnified Party by a third party arising from (i) your use of the Services or Rental Devices (including the payment of fines and other fees in Section 5 above), (ii) your breach or violation of any provision of this Agreement or law, or (iii) your violation of the rights of any third party; except in each case where arising from the sole gross negligence or willful misconduct of Operator. You will immediately notify Operator of any such claim, action, or demand. Operator reserves the right to assume the exclusive defense of any claim, action, or demand, and you agree not to settle any of the foregoing without Operator’s prior written consent. The obligations in this Section 16 shall survive any termination of this Agreement, remaining in full force and effect for five (5) years following the termination of this Agreement. 

16. Governing Law 

Except to the extent preempted by Thai law, the law shall govern this Agreement, the interpretation and enforcement of its terms, and any claim or cause of action (in law or equity), controversy, or dispute arising out of or related to it or its negotiation, execution or performance, whether based on contract, tort, statutory or other law, in each case without giving effect to any conflicts-of-law or other principle requiring the application of the law of any other jurisdiction. 

17. Miscellaneous 

This Agreement (which, for clarity, includes the Order Form) constitutes the entire agreement between you and Operator relating to your access and use of the Services, your subscription, and the Rental Devices, and supersedes any prior agreements between you and Operator with respect to the Services, your subscription, or the Rental Devices. Please note that you also may be subject to additional terms and conditions of third parties when you use the Services, Rental Devices, third-party content, or third-party software. Operator may assign this Agreement or any of Operator’s rights or obligations under this Agreement to third parties. Operator may also engage third parties to perform any of its obligations under this Agreement. You may not assign this Agreement or any of your rights or obligations under this Agreement without Operator’s prior written consent. Any attempted assignment by you without Operator’s prior written consent is and will be void. A failure to exercise or enforce any right or provision that Operator or any of its service providers is entitled to under this Agreement shall not constitute a waiver of such right or provision. All rights and remedies of Operator and its service providers shall be cumulative. If any provision or any portion of any provision under this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision or portion of the provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. As used in this Agreement, all references to “include,” “includes,” or “including” shall be deemed to be followed by the words “without limitation.”