NANO DC HVAC, INC.

NANO NEXT™ Early Adopter Protection Program
Terms and Conditions
 

Effective Date: September 3, 2026

Version: NANO NEXT™ Terms & Conditions v1.1E

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1. Introduction & Program Nature

1.1 Program Overview
The NANO NEXT™ Program (“Program”) is a voluntary, early-adopter customer protection and lifecycle support program offered by NANO DC HVAC, Inc. (“NANO”) for qualifying systems purchased through NANO or an authorized NANO sales channel.
The Program is designed to enhance the customer ownership experience by providing structured support for eligible system components, coordination of applicable service and manufacturer warranty processes, and a one-time lifecycle-based Replacement Credit opportunity, subject to the eligibility requirements, limitations, exclusions, and other terms of this Agreement.
The Program is intended to support an ongoing relationship between NANO and the customer throughout the ownership lifecycle of the originally enrolled system.

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1.2 Definition of “Eligibility Period”
For purposes of this Program, “Eligibility Period” refers to the period during which an originally enrolled Qualifying System remains eligible for Program benefits while owned by the original approved purchaser and located at the original approved installation address, subject to the eligibility requirements and other terms of this Agreement.
The Eligibility Period does not mean the physical life of the equipment or the life of the customer, and NANO NEXT™ does not create unlimited repair, replacement, or other benefits.
Program eligibility generally ends when the enrolled system is permanently removed or replaced, the system or property is transferred to a new owner without NANO’s written approval, the applicable Replacement Credit is redeemed, or another termination condition expressly provided in this Agreement occurs.
NANO may change or discontinue enrollment of new customers in the Program in accordance with this Agreement. Such changes or discontinuation will not, by themselves, terminate the Program eligibility of customers who were properly enrolled before the effective date of the change or discontinuation.

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1.3 Program Nature
The Program is intended as a customer protection and lifecycle support benefit administered by NANO. It is not intended to replace or assume the obligations of any applicable manufacturer warranty.
Nothing in this Agreement shall be construed as a guarantee of uninterrupted system operation, a guarantee that a particular repair, component, or replacement system will be available, an assumption of manufacturer warranty obligations, or a promise of unlimited repair or replacement.
The Program does not include routine maintenance unless expressly stated in the applicable Program benefit or otherwise agreed in writing by NANO.
 

1.4 Program Structure and Intent
The Program is structured to provide lifecycle support for eligible enrolled systems and may include:

• Coordination of applicable manufacturer warranty processes

• Evaluation of eligible system component issues under the Program

• Supplemental parts support for Covered Components, subject to applicable Program requirements

• A one-time Replacement Credit for qualifying systems that reach the end of their Practical Service Life

Program benefits are subject to eligibility verification, applicable coverage requirements, exclusions, system condition, and NANO’s reasonable good-faith evaluation of relevant technical, operational, and Program information.
The Program is intended to provide a continuing pathway for eligible customers to obtain support from NANO as their enrolled system ages and eventually reaches the end of its Practical Service Life.

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1.5 Fair Administration
NANO will administer the Program reasonably and in good faith in accordance with this Agreement.
Program decisions may take into consideration relevant factors including:

• Technical system information

• Diagnostic findings

• Maintenance and service history, where available and relevant

• Applicable manufacturer guidance

• System condition and installation history

• Program eligibility requirements

• Other reasonably relevant information necessary to evaluate the applicable claim or benefit

NANO may request reasonable documentation or additional information when necessary to evaluate eligibility, system condition, or a requested Program benefit. The absence of a particular maintenance or service record shall not, by itself, automatically establish that a customer is ineligible for a Program benefit where other reasonably sufficient information is available to evaluate the matter.

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1.6 Relationship to Manufacturer Warranties
The Program supplements, but does not replace, any applicable manufacturer warranties. Manufacturer warranties are independent obligations of the applicable equipment manufacturer. NANO does not assume, extend, or guarantee the performance of any manufacturer warranty.
Where applicable, NANO may assist the customer in coordinating manufacturer warranty processes as part of the Program. Any such assistance is provided as a customer support service and does not make NANO responsible for manufacturer decisions, warranty determinations, repair obligations, replacement obligations, or other manufacturer responsibilities.

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2. Definitions

For purposes of these Terms & Conditions, the following definitions shall apply throughout the NANO NEXT™ Program ("Program"):​

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2.1 NANO
"NANO" means NANO DC HVAC, Inc., together with its authorized representatives, administrators, successors, assigns, and approved service coordination partners, where applicable.

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2.2 Eligible Customer

"Eligible Customer" means the original purchaser of a Qualifying System who satisfies the Program's eligibility requirements, completes the required registration process, and is accepted for enrollment by NANO in accordance with these Terms & Conditions.
Eligibility is subject to verification of the Qualifying System, original purchaser, Installation Address, and other applicable Program requirements. NANO may request reasonable documentation when necessary to verify eligibility.
Once a customer has been properly enrolled, continued Program eligibility is governed by these Terms & Conditions and is not subject to NANO's discretionary approval of individual benefits.
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2.3 Qualifying System
"Qualifying System" means an HVAC system designated by NANO as eligible for participation in the Program that:

1. is purchased through NANO or an Authorized Channel;

2. is properly installed and commissioned;

3. is registered and approved for Program participation; and

4. satisfies applicable Program requirements.

Not all products sold by NANO are necessarily Qualifying Systems.

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2.4 Authorized Channel
"Authorized Channel" means a distributor, contractor, dealer, installer, sales partner, or other sales pathway authorized by NANO to sell, install, or support Qualifying Systems.

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2.5 Installation Address
"Installation Address" means the physical property location identified in NANO's enrollment records where the Qualifying System was originally installed and approved for Program participation.
Unless otherwise approved by NANO in writing, Program eligibility remains associated with the original Installation Address.

 

2.6 Covered Component
"Covered Component" means a component of a Qualifying System that is specifically designated by NANO as eligible for supplemental support under the Program.
Covered Components may be identified by product, system, component type, or other applicable Program documentation. A component may be covered by a Manufacturer Warranty without being a Covered Component under this Program.
Designation as a Covered Component does not, by itself, guarantee approval of a Claim, repair, replacement, or other Program Benefit.

 

2.7 Manufacturer Warranty
"Manufacturer Warranty" means any warranty, guarantee, or coverage obligation provided directly by the equipment manufacturer under the manufacturer's applicable published warranty terms.
Manufacturer Warranties are separate from the Program and remain the responsibility of the applicable manufacturer.

 

2.8 Claim
"Claim" means a request submitted by an Eligible Customer seeking evaluation of a system condition, component failure, or other issue for which a Program Benefit may be available.
Submission of a Claim does not constitute approval of coverage or entitlement to any Program Benefit.

 

2.9 Practical Service Life
"Practical Service Life" means the period during which a Qualifying System can reasonably be maintained or restored to reliable operation through commercially reasonable repair, replacement, parts, service, or other remediation options.
Determination of Practical Service Life shall be based on relevant technical, operational, availability, and economic information and shall not be determined solely by the age, usage, or time in service of the system.
A system may be determined to have reached the end of its Practical Service Life when continued repair or restoration is no longer reasonably practical based on the circumstances of the system and the Program.

 

2.10 Replacement Credit
"Replacement Credit" means the one-time lifecycle benefit available under the Program when an eligible Qualifying System reaches the end of its Practical Service Life, subject to the applicable eligibility requirements, credit amount or calculation method, limitations, and redemption requirements stated in these Terms & Conditions.
A Replacement Credit:

• has no cash value,

• is not transferable, and

• may be applied only toward an eligible NANO replacement system or other replacement offering expressly designated by NANO under the Program.

The Replacement Credit is a Program benefit and is not a promise of free replacement equipment or unlimited replacement coverage.

 

2.11 Program Benefits
"Program Benefits" means the support, services, evaluations, Claim coordination, component support, Replacement Credit opportunities, and other benefits expressly made available under the Program.
Program Benefits are subject to the eligibility requirements, limitations, exclusions, and other conditions stated in these Terms & Conditions.
 

3. Eligibility & Enrollment

3.1 Eligibility Requirements
Participation in the Program is limited to Eligible Customers who satisfy the applicable Program requirements and are properly enrolled with NANO.
To qualify for enrollment, the applicant must:

1. be the original purchaser of a Qualifying System;

2. have purchased the Qualifying System through NANO or an Authorized Channel;

3. have the Qualifying System installed at the approved Installation Address;

4. have the Qualifying System properly installed, commissioned, and operating in accordance with applicable manufacturer requirements, codes, and applicable industry standards;

5. complete the required Program registration process within the applicable enrollment period; and

6. provide information reasonably requested by NANO to verify eligibility.

Eligibility is not automatic and does not arise solely from the purchase, installation, or operation of a Qualifying System.

 

3.2 Enrollment Period
Unless otherwise specified by NANO in writing, Program registration should be completed within sixty (60) days following installation of the Qualifying System.
The registration period is intended to allow NANO to establish the customer's enrollment record, verify the Qualifying System and Installation Address, and administer Program Benefits.
A customer who does not complete registration within the applicable enrollment period may not be enrolled automatically and may be required to provide additional information or obtain NANO's written approval for late enrollment.
NANO may accept a late enrollment request when reasonably appropriate based on the circumstances and available verification information.

 

3.3 Registration and Verification
Applicants must provide information reasonably necessary for NANO to verify eligibility and establish an official Program enrollment record.
Such information may include customer and Installation Address information, installation and installer information, equipment model and serial numbers, proof of purchase or installation, system photographs, and other supporting documentation reasonably required by NANO.
NANO may review submitted information and request additional documentation or clarification to verify system eligibility, installation status, ownership, equipment identification, and compliance with applicable Program requirements.
NANO may update registration requirements from time to time as reasonably necessary for Program administration, fraud prevention, or eligibility verification. Updated requirements will generally apply to new enrollment applications and will not materially reduce the substantive benefits of customers who are already properly enrolled.
Submission of a registration application does not constitute acceptance into the Program.

 

3.4 Enrollment Approval
Enrollment becomes effective when NANO confirms the applicant's acceptance into the Program through an electronic, digital, physical, or other enrollment method designated by NANO.
NANO may complete reasonable eligibility verification before confirming enrollment. Program Benefits become available once enrollment is effective, subject to the eligibility requirements, coverage provisions, exclusions, and other terms of this Agreement.

 

3.5 Customer Responsibility and Acknowledgment
The applicant is responsible for ensuring that all information submitted to NANO is accurate, complete, and truthful.
NANO may deny enrollment, suspend participation, terminate Program eligibility, or deny a Program Benefit if enrollment or a Claim was obtained through materially inaccurate information, material omission, fraudulent documentation, or intentional misrepresentation of ownership, installation status, or system configuration.
As a condition of enrollment, NANO may require the applicant to acknowledge receipt and acceptance of these Terms & Conditions and applicable Program disclosures, limitations, exclusions, and other enrollment requirements.
Such acknowledgment may be obtained electronically, digitally, through click-through acceptance, electronic signature, written signature, checkbox confirmation, or another method designated by NANO.

 

3.6 Program Availability
The Program is an early-adopter offering and may be limited by enrollment period, geographic region, product type, installation volume, customer category, or other eligibility criteria established by NANO.
NANO may suspend or discontinue new enrollments at any time, provided that such action does not retroactively terminate previously approved enrollments except as otherwise permitted under these Terms & Conditions.
 

4. Program Scope & Covered Benefits

4.1 Program Benefits
Subject to the eligibility requirements, limitations, exclusions, and other conditions of these Terms & Conditions, Program Benefits may include:

1. Support coordination relating to Covered Components;

2. Assistance with applicable manufacturer warranty administration;

3. Evaluation of Claims relating to Covered Components;

4. Supplemental Covered Component support following expiration of applicable Manufacturer Warranty coverage;

5. Eligibility for consideration of a one-time Replacement Credit as described in Section 10; and

6. Other Program Benefits that NANO may introduce from time to time for enrolled participants.

Program Benefits are provided in accordance with these Terms & Conditions and are subject to applicable eligibility, coverage, availability, and Program requirements. Participation does not guarantee approval of a Claim, repair or replacement of any particular component or system, availability of a specific part or remedy, or eligibility for a Replacement Credit unless the applicable requirements for that benefit are satisfied.

Customer Support
When a customer reports an eligible issue, NANO may assist in identifying the appropriate next step, including reviewing available system information, coordinating with the manufacturer or service provider where applicable, identifying an applicable Covered Component, and determining whether a Program Benefit may be available.
NANO's role is intended to provide customers with a continuing point of contact and support pathway as the enrolled system ages. Program support does not include labor, installation, removal, travel, permits, routine maintenance, or other costs expressly excluded under these Terms & Conditions.

 

4.2 Manufacturer Warranty Coordination
The Program supplements, and does not replace, applicable Manufacturer Warranties.
Where a Manufacturer Warranty remains applicable, NANO may assist with documentation, communications, warranty administration, Claim coordination, or coordination with the manufacturer or an authorized service provider. Following expiration of applicable Manufacturer Warranty coverage, eligible participants may be considered for applicable Program Benefits, subject to these Terms & Conditions.
NANO does not assume responsibility for manufacturer warranty decisions, obligations, or determinations.

 

4.3 Covered Components
Program Benefits relating to component failures apply only to Covered Components designated by NANO for the applicable Qualifying System.
Covered Components may be identified by product, system, component type, or other applicable Program documentation. A component covered by a Manufacturer Warranty is not necessarily a Covered Component under this Program.
Program Benefits for Covered Components do not include labor, routine maintenance, consumables, installation, removal, freight, permits, diagnostics, or other excluded costs unless expressly stated otherwise in these Terms & Conditions.
Use of an independent contractor or other qualified service provider does not, by itself, terminate Program eligibility. Customers remain responsible for ensuring that service, repair, and maintenance work is performed appropriately and in accordance with applicable manufacturer requirements and applicable codes.

 

4.4 Parts Availability and Alternative Remedies
NANO does not guarantee the continued manufacture, availability, procurement, or supply of any specific component, replacement part, product platform, or equipment model.
If a Covered Component is no longer commercially available, NANO may satisfy an applicable Program Benefit through:

1. an equivalent replacement component;

2. an alternative commercially reasonable component or solution;

3. an applicable Replacement Credit under Section 10; or

4. another Program remedy reasonably consistent with the nature and value of the applicable benefit.

NANO will determine the applicable remedy based on the circumstances of the Claim, available equipment or components, technical compatibility, and the applicable Program requirements. No alternative remedy will create a cash payment obligation unless expressly provided elsewhere in these Terms & Conditions.

 

4.5 Customer Support Pathway
NANO NEXT™ is intended to provide enrolled customers with an ongoing support pathway as their Qualifying System ages.
When an eligible customer reports a system issue, NANO may help the customer understand the available service, warranty, component, or Program options based on the information reasonably available at the time.
Where appropriate, NANO may coordinate with manufacturers, distributors, contractors, or other qualified service providers to help identify an appropriate path toward restoring system operation.
Any coordination or assistance provided by NANO does not make NANO responsible for third-party labor, workmanship, installation, diagnostics, travel, permits, manufacturer obligations, or other costs not expressly covered by the Program.
 

5. Covered Components & Supplemental Coverage

5.1 Supplemental Component Coverage
Subject to these Terms & Conditions, Program Benefits may be available for eligible failures of Covered Components following expiration of applicable Manufacturer Warranty coverage.
For qualifying early-adopter customers, participation in the Program is included with the purchase of the Qualifying System during the applicable Program enrollment period and does not require a separate Program enrollment fee at the time of enrollment.
The Program is intended to provide supplemental support for eligible Covered Components after applicable Manufacturer Warranty coverage ends, subject to the requirements, limitations, exclusions, and Claim review procedures set forth in these Terms & Conditions.
Eligibility for Supplemental Component Coverage remains subject to continued Program eligibility and the applicable requirements of these Terms & Conditions.

 

5.2 Covered Component Failures
Program Benefits relating to Covered Components are intended to address eligible component failures occurring under normal operating conditions and consistent with applicable manufacturer specifications, where the failure is reasonably determined to be associated with a defect in materials or workmanship or another covered condition under the Program.
In evaluating a Claim, NANO may consider relevant information including:

1. diagnostic findings;

2. maintenance and service history;

3. manufacturer guidance;

4. operating conditions;

5. system condition;

6. installation and service history, where relevant; and

7. other relevant technical information reasonably available at the time of evaluation.

The existence of a component failure does not, by itself, establish eligibility for a Program Benefit or entitlement to a particular remedy.

 

6. Exclusions & Non-Covered Conditions

6.1 General Exclusion Principle
Program Benefits apply only to the circumstances and items expressly eligible under these Terms & Conditions.
Unless otherwise expressly provided in these Terms & Conditions, conditions, expenses, damage, services, repairs, replacements, losses, or other items not eligible for a Program Benefit are excluded from coverage.

 

6.2 Labor, Service, and Related Costs
Program Benefits do not include labor or service-related expenses.
Excluded costs include, without limitation, diagnostic charges, service calls, labor, installation, removal, reinstallation, travel, disposal, crane or lifting services, permitting, inspection, shipping, freight, administrative fees, and contractor charges.
Unless expressly approved by NANO in writing, all labor and service-related expenses remain the responsibility of the customer.

 

6.3 Maintenance, Consumables, and Normal Wear
Program Benefits do not apply to routine or preventive maintenance, consumable items, or normal wear items.
Examples include filters, cleaning materials, lubricants, refrigerant top-offs, batteries, routine adjustments, calibration, maintenance supplies, and similar items.
The customer remains responsible for maintenance reasonably required for proper operation of the Qualifying System.

 

6.4 Installation, Modification, Misuse, and Neglect
Program Benefits do not apply to failures, damage, or performance issues to the extent they are caused by or materially attributable to:

1. improper installation or commissioning;

2. installation defects or workmanship deficiencies;

3. code violations or failure to follow applicable manufacturer requirements;

4. unauthorized modification, alteration, repair, upgrade, or reconfiguration;

5. use of non-approved components, controls, firmware, software, electrical systems, or procedures;

6. neglect, misuse, abuse, or improper operation;

7. deferred maintenance; or

8. operation outside applicable manufacturer specifications, environmental limits, or electrical requirements.

Responsibility for conditions arising from improper installation or workmanship remains with the installer, contractor, manufacturer, or other responsible party, as applicable.
A condition that is unrelated to the claimed failure or Program Benefit will not, by itself, make the entire Qualifying System ineligible for Program Benefits.

 

6.5 Environmental Conditions and External Events
Program Benefits do not apply to damage or failure caused by external events or environmental conditions outside applicable manufacturer design parameters, including flooding, fire, smoke, lightning, earthquakes, extreme weather events, freezing conditions, corrosion, salt-air exposure, water intrusion, power surges, utility disturbances, acts of God, or force majeure events.

 

6.6 Cosmetic Conditions
Program Benefits do not apply to cosmetic conditions that do not materially affect system operation, including scratches, dents, discoloration, fading, surface corrosion, cosmetic wear, or other appearance-related concerns.

 

6.7 Relocated Systems
Program Benefits do not apply to a Qualifying System that has been removed from the original Installation Address, relocated, reinstalled at another location, or transferred to another property, unless expressly approved by NANO in writing.

 

6.8 Manufacturer Warranty and Regulatory Conditions
Manufacturer warranty exclusions do not automatically determine eligibility for Program Benefits. NANO may consider applicable manufacturer warranty terms, exclusions, determinations, and guidance when evaluating a Claim.
Program Benefits do not include additional costs or obligations arising directly from changes in law, regulatory actions, governmental restrictions, permitting requirements, utility requirements, code changes, import restrictions, tariffs, sanctions, or other applicable trade or regulatory restrictions, except as otherwise expressly provided under these Terms & Conditions.
Manufacturer bankruptcy, insolvency, restructuring, liquidation, acquisition, discontinuation of product lines, or cessation of operations does not create additional obligations for NANO beyond those expressly provided under the Program.

 

6.9 Commercial and Consequential Losses
Program Benefits do not include compensation for loss of use, loss of comfort, business interruption, lost revenue or profits, lost rental income, increased utility costs, loss of anticipated energy savings, property damage, personal injury, or other consequential, incidental, or indirect damages.
The scope and enforceability of these exclusions are subject to applicable law.
 

7. Maintenance & Customer Responsibilities

7.1 Customer Maintenance Responsibility
The customer is responsible for maintaining the Qualifying System in accordance with applicable manufacturer recommendations, applicable laws and codes, and reasonable HVAC maintenance practices.
The customer is responsible for routine maintenance, servicing, inspections, repairs, consumable items, and other upkeep reasonably necessary for proper operation of the Qualifying System.

 

7.2 Maintenance Standard
The Qualifying System should be reasonably maintained in a manner consistent with applicable manufacturer recommendations, accepted HVAC industry practices, and applicable codes.
Maintenance may include periodic inspections, cleaning, replacement of consumable items, performance verification, preventive maintenance, and servicing of mechanical and electrical components, as reasonably appropriate for the system.
Maintenance requirements may vary based on system type, operating conditions, usage, manufacturer recommendations, and other relevant circumstances.

 

7.3 Maintenance Records and Claim Review
The customer should maintain reasonable records relating to material maintenance, inspections, repairs, service visits, component replacements, and system modifications.
Acceptable documentation may include service invoices, maintenance logs, contractor reports, inspection records, receipts, photographs, or other information reasonably demonstrating the system's maintenance or service history.
NANO does not require routine submission of maintenance records or ongoing maintenance reporting as a condition of continued enrollment.
When reviewing a Claim, NANO may request reasonable documentation or other information relevant to the maintenance history, operating history, service history, system condition, or circumstances of the Claim.
Failure to provide a particular maintenance record does not, by itself, automatically establish ineligibility for a Program Benefit where other reasonably sufficient information is available to evaluate the Claim.

 

7.4 Qualified Service and System Integrity
Maintenance, repairs, modifications, and technical work affecting the Qualifying System should be performed by properly qualified service providers in accordance with applicable laws, codes, and manufacturer requirements.
Where licensing is required by law, applicable work should be performed by appropriately licensed contractors.
The Qualifying System should remain substantially consistent with its originally installed and registered configuration. Unauthorized or material modifications, alterations, integrations, or reconfigurations may affect eligibility for Program Benefits where they are reasonably related to the claimed failure or condition.
Routine maintenance or replacement of a component with an appropriate equivalent or manufacturer-approved component, when performed in accordance with applicable requirements, does not by itself constitute a disqualifying modification.

 

7.5 Proper Operation
The Qualifying System must be operated within applicable manufacturer specifications, including applicable environmental, temperature, electrical, load, and other operating requirements.
Operation outside applicable manufacturer specifications may result in denial or limitation of a Program Benefit where such operation materially contributed to the claimed failure or condition.

 

7.6 Inspection, Access, and Cooperation
As part of Claim review or Program administration, NANO may request reasonable inspection, diagnostic review, verification, or technical evaluation of the Qualifying System.
Such evaluation may be performed through documentation review, remote diagnostics, manufacturer technical support, qualified contractors, or qualified third-party service providers.
The customer agrees to reasonably cooperate with reasonable requests for information, documentation, diagnostic participation, communication, or physical access that are reasonably necessary to evaluate eligibility for the specific Program Benefit or Claim under review.
NANO will make reasonable efforts to identify the information, access, or evaluation needed before requesting additional cooperation from the customer.
Failure to provide reasonable cooperation or access may delay or affect processing of the Claim under review.
 

8. Claims Submission & Evaluation Process

8.1 Claim Submission
To request Program Benefits, an Eligible Customer must submit a Claim through a claim submission method designated by NANO. Claims should be submitted promptly after discovery of a system issue, component failure, or condition for which Program Benefits may be requested.
Claims may be submitted through online portals, electronic communications, customer service channels, authorized representatives, or other methods designated by NANO. Submission of a Claim does not constitute approval of Program Benefits.

 

8.2 Claim Information and Initial Review
NANO may request information reasonably necessary to evaluate a Claim, including customer and Installation Address information, equipment information, a description of the issue, photographs, service or maintenance records, diagnostic reports, contractor evaluations, manufacturer communications, or other relevant documentation.
Upon receipt of a Claim, NANO may review enrollment status, eligibility, Claim completeness, potential applicability of Program Benefits, and whether additional information or evaluation is required.
Failure to provide information reasonably necessary for Claim evaluation may delay or affect processing.

 

8.3 Diagnostic Evaluation
NANO may require reasonable diagnostic evaluation before determining eligibility for Program Benefits.
Evaluation may include documentation review, remote diagnostics, contractor assessments, manufacturer technical review, site inspections, third-party evaluations, or other reasonable technical review methods.
Diagnostic evaluation may consider the root cause of the claimed issue, component condition, system condition, maintenance and service history, operating conditions, and other information relevant to determining eligibility and an appropriate resolution.

 

8.4 Manufacturer Warranty Coordination
Where Manufacturer Warranty coverage may be available, NANO may assist with documentation, communications, claim coordination, warranty administration, or other reasonable interactions with the manufacturer or an authorized service provider. NANO may require applicable Manufacturer Warranty review to occur before, concurrently with, or as part of the overall Claim evaluation process.
Manufacturer Warranty obligations remain the responsibility of the applicable manufacturer.

 

8.5 Claim Evaluation and Determination
NANO will evaluate Claims reasonably and in good faith based on these Terms & Conditions and information reasonably available at the time of review.
Relevant considerations may include:

1. Program eligibility requirements;

2. applicable limitations and exclusions;

3. diagnostic findings;

4. maintenance and service history;

5. manufacturer guidance;

6. technical information;

7. documentation provided by the customer; and

8. other reasonably relevant information.

Following evaluation, NANO may determine that a Claim:

1. qualifies for Program Benefits;

2. qualifies for limited Program Benefits;

3. requires additional information or evaluation;

4. should be coordinated through applicable Manufacturer Warranty processes; or

5. does not qualify for Program Benefits.

A Claim approved for one Program Benefit does not necessarily establish eligibility for another Program Benefit.

 

8.6 Available Resolution Pathways
Where a Claim qualifies for Program Benefits, NANO will work with the customer to determine the applicable resolution pathway based on the circumstances of the Claim.
Resolution may include one or more of the following:

1. Manufacturer Warranty coordination;

2. Covered Component support;

3. replacement component support;

4. procurement assistance;

5. another commercially reasonable remediation;

6. Replacement Credit consideration under Section 10; or

7. another Program Benefit available at the time of review.

The applicable resolution pathway may depend on system condition, technical feasibility, component availability, manufacturer support, Program requirements, and other relevant circumstances.
NANO does not guarantee the availability of a particular part, product, remedy, or resolution pathway.

 

8.7 Claim Processing Timeframes
NANO will make reasonable efforts to administer Claims in a timely manner.
NANO will generally:

1. acknowledge receipt of a Claim within five (5) business days;

2. identify reasonably necessary additional information or documentation, when applicable, within fifteen (15) business days after initial review; and

3. provide a Claim determination or status update within thirty (30) business days after receiving the information reasonably necessary to complete the applicable evaluation.

These timeframes are administrative targets and may be extended when reasonably necessary due to Claim complexity, diagnostic requirements, customer response time, contractor or manufacturer availability, parts availability, shipping conditions, or other circumstances beyond NANO's reasonable control.
No specific repair, replacement, shipping, procurement, manufacturer response, or final resolution timeframe is guaranteed.

 

8.8 Verification, Inspection, and Cooperation
NANO may verify information relevant to a Claim, including system ownership, enrollment status, Installation Address, maintenance or service history, system condition, component condition, and other information reasonably necessary for Claim evaluation.
NANO may request reasonable inspection, diagnostic review, technical evaluation, documentation, or physical access to the Qualifying System when reasonably necessary to evaluate the specific Claim under review.
The customer agrees to reasonably cooperate with such requests.
Failure to provide reasonable cooperation or access may delay or affect processing of the Claim under review.

 

8.9 Written Determination
Upon completion of Claim evaluation, NANO will provide written notice of the Claim determination.
Where a Claim is denied or limited, NANO will provide a general explanation identifying the primary basis for the determination, including applicable eligibility requirements, exclusions, documentation deficiencies, maintenance concerns, diagnostic findings, or other material factors relevant to the decision.
NANO's determination will be made in accordance with these Terms & Conditions and applicable law.

 

8.10 Claim Reconsideration
If a Claim is denied or limited, the customer may request reconsideration by providing additional information, documentation, technical findings, or other material information relevant to the Claim.
NANO will reasonably review information timely submitted for reconsideration and may revise the Claim determination where the additional information supports a different determination.
A reconsideration request does not guarantee a change in the original determination and does not create eligibility for a Program Benefit that is otherwise excluded under these Terms & Conditions.
 

9. Manufacturer Warranty Coordination

9.1 Coordination Role
NANO NEXT™ is intended to simplify the customer ownership experience by providing a centralized point of contact for Program-related support and, where reasonably practical, coordination of applicable Manufacturer Warranty processes.
NANO may assist with communications, documentation, claim administration, equipment identification, warranty status, technical information, and coordination with manufacturers, distributors, authorized service providers, or other relevant parties.
The availability and scope of such assistance may vary based on system type, manufacturer requirements, service provider availability, and other circumstances.

 

9.2 No Assumption of Manufacturer Obligations
NANO does not assume, replace, guarantee, or insure any obligation that belongs to an equipment manufacturer under a Manufacturer Warranty.
Manufacturer warranty determinations, including approval, denial, repair authorization, replacement authorization, limitations, and other warranty decisions, remain the responsibility of the applicable manufacturer.
NANO does not guarantee manufacturer claim approval, response times, repair or replacement decisions, parts availability, warranty performance, or continued manufacturer operations.

 

9.3 Relationship to Program Benefits
The existence of a Manufacturer Warranty does not automatically eliminate eligibility for Program Benefits.
Where Manufacturer Warranty coverage or remedies are available, NANO may reasonably coordinate those remedies before, concurrently with, or as part of the evaluation of supplemental Program Benefits, where appropriate.
The Program is intended to supplement, not duplicate, applicable Manufacturer Warranty coverage.
Where Manufacturer Warranty remedies are unavailable, denied, exhausted, impractical, or insufficient to address a qualifying situation, NANO may evaluate whether supplemental Program Benefits are available under these Terms & Conditions.

 

9.4 Customer Cooperation
Customers will reasonably cooperate with Manufacturer Warranty review and coordination when such cooperation is reasonably necessary to evaluate or administer a Claim or Program Benefit.
Such cooperation may include providing documentation, photographs, diagnostic information, maintenance or service records, or reasonable access to the Qualifying System.
NANO may coordinate applicable warranty processes on the customer's behalf where reasonably practical. The customer remains responsible for providing information and taking reasonable actions that are necessary to establish or preserve applicable Manufacturer Warranty rights.
 

10. One-Time Replacement Credit (Lifecycle Benefit)

10.1 Purpose and Eligibility
The One-Time Replacement Credit ("Replacement Credit") is a lifecycle benefit available to Eligible Customers enrolled in the Program.
Subject to these Terms & Conditions, an Eligible Customer may qualify for a Replacement Credit when the Qualifying System reaches the end of its Practical Service Life and the applicable eligibility requirements for the Replacement Credit are satisfied.
The Replacement Credit is intended to provide a meaningful customer lifecycle benefit and support continued participation within the NANO ecosystem when replacement of the Qualifying System becomes appropriate.
Eligibility for a Replacement Credit will be evaluated in accordance with the objective requirements, limitations, and procedures established under these Terms & Conditions.

 

10.2 Practical Service Life
A Qualifying System may be determined to have reached the end of its Practical Service Life when it can no longer reasonably be restored to reliable operation through commercially available components, standard repair methods, manufacturer-supported service pathways, or other commercially reasonable remediation options.
NANO will evaluate Practical Service Life reasonably and in good faith based on available technical and operational information.
The age of a system alone does not establish that it has reached the end of its Practical Service Life.

 

10.3 Replacement Credit Evaluation
In evaluating eligibility for a Replacement Credit, NANO may consider relevant factors including:

1. system age and condition;

2. maintenance, operating, and repair history;

3. component availability;

4. technical feasibility and cost of continued repair;

5. manufacturer support availability;

6. the Qualifying System's Program participation history;

7. replacement equipment being considered; and

8. other reasonably relevant technical, operational, or Program factors.

No single factor shall control the determination.

 

10.4 Replacement Credit Determination and Valuation
If a Qualifying System satisfies the eligibility requirements for a Replacement Credit, the credit amount will be calculated based on the documented original NANO equipment purchase price for the Qualifying System.

The standard Replacement Credit will equal fifteen percent (15%) of the original Qualifying System equipment purchase price, subject to a standard maximum credit of five thousand dollars ($5,000).

For purposes of this calculation, the original Qualifying System equipment purchase price means the documented amount paid for the NANO equipment comprising the originally enrolled Qualifying System through NANO or an Authorized Channel, excluding installation labor, permits, taxes, freight, financing charges, service charges, and other non-equipment costs.
Where the original Qualifying System was purchased as a package or configured with multiple NANO components, the equipment purchase price will be based on the documented amount actually paid for the complete Qualifying System equipment at the time of the original purchase, regardless of whether the purchase was made at promotional, preorder, standard, dealer, or other authorized pricing.

NANO may, in its discretion, provide a Replacement Credit greater than the standard amount calculated under this Section, including an amount exceeding five thousand dollars ($5,000), based on the circumstances of the customer, Qualifying System, replacement equipment, prevailing Program conditions, or other factors NANO determines appropriate. Any additional amount provided above the standard Replacement Credit is discretionary and does not establish a guaranteed minimum, entitlement, or precedent for other customers or future Claims.

NANO may require reasonable documentation of the original equipment purchase price and other information reasonably necessary to verify the applicable Replacement Credit amount.
The applicable Replacement Credit amount will be stated in the written Claim determination and will be administered in accordance with these Terms & Conditions.
The Replacement Credit methodology stated in this Section applies to Qualifying Systems properly enrolled in the Program. NANO may update the Replacement Credit methodology for Qualifying Systems enrolled after the effective date of any updated methodology. An updated methodology will not materially reduce the Replacement Credit applicable to a Qualifying System that was properly enrolled before the effective date of the change.
The Replacement Credit is subject to the applicable redemption requirements in these Terms & Conditions. Any discretionary amount provided above the standard Replacement Credit remains subject to the limitations of liability and other applicable provisions of these Terms & Conditions.

 

10.5 Application of Credit
An approved Replacement Credit may be applied toward the purchase of qualifying NANO replacement equipment designated by NANO at the time of redemption.
Unless expressly approved by NANO in writing, the Replacement Credit may not be applied toward:

1. labor or installation;

2. permits, taxes, freight, shipping, or other non-equipment charges;

3. service agreements or maintenance plans;

4. financing costs; or

5. other charges not expressly designated as eligible by NANO.

 

10.6 One-Time and Non-Cash Benefit
Only one Replacement Credit may be redeemed for each originally enrolled Qualifying System.
The Replacement Credit:

1. has no cash value;

2. is not redeemable for cash;

3. is not refundable or transferable;

4. may not be sold, assigned, pledged, or exchanged for other consideration; and

5. may be used only in accordance with applicable Program requirements.

Once a Replacement Credit has been successfully redeemed, no additional Replacement Credit may be issued or redeemed for that Qualifying System.

 

10.7 Lifecycle Conclusion of Original System
Successful redemption of a Replacement Credit concludes the Program benefits associated with the original Qualifying System.
Following successful redemption, no further Program Benefits will be available for that Qualifying System, except for any rights or obligations that expressly survive under these Terms & Conditions.

 

10.8 Replacement System and Future Program Participation
Replacement equipment purchased using a Replacement Credit is subject to the pricing, terms, conditions, eligibility requirements, and equipment availability applicable at the time of redemption.
The Replacement Credit may be redeemed without requiring enrollment in a separate paid service, protection, care, subscription, or successor program, unless the customer separately elects to participate in such a program.
Any future NANO program may include separate fees, eligibility requirements, services, coverage, and terms. Participation in any future program is voluntary and separate from the customer's original Program enrollment.

 

10.9 Replacement Credit Redemption
An approved Replacement Credit must be redeemed in connection with the purchase of an eligible NANO replacement system or other qualifying replacement offering within a commercially reasonable period following issuance, as specified in the written Claim determination or redemption documentation.
NANO will make reasonable efforts to provide the customer with sufficient information regarding the available replacement options and applicable redemption requirements at the time the Replacement Credit is issued.
If an eligible NANO replacement system is not reasonably available when the customer seeks to redeem an approved Replacement Credit, NANO will work with the customer to identify a commercially reasonable alternative or other available redemption pathway consistent with the nature and value of the approved Replacement Credit.
An approved Replacement Credit will not expire solely because a qualifying replacement system is temporarily unavailable, provided the customer remains otherwise eligible and reasonably cooperates with NANO regarding redemption.
Once an approved Replacement Credit is redeemed, the credit is considered fully used and no further Replacement Credit will be available for the original Qualifying System.
 

11. Termination, Suspension & Eligibility Revocation

11.1 Program Modification or Suspension
NANO may modify, suspend, temporarily restrict, or discontinue aspects of the Program, including enrollment, Claims intake, or specific Program Benefits, where reasonably necessary due to operational constraints, supply chain limitations, manufacturer availability, safety considerations, fraud prevention, technical issues, regulatory requirements, business continuity needs, or other circumstances materially affecting Program administration.
NANO intends to administer material Program changes prospectively and in a manner that reasonably preserves substantive Program benefits applicable to customers who were properly enrolled before the effective date of the change.
Temporary suspension or restriction of a Program process or benefit will not, by itself, terminate the Program eligibility of a properly enrolled customer unless termination or revocation is otherwise permitted under these Terms & Conditions.

 

11.2 Program Termination
NANO may discontinue the Program for new enrollments in whole or in part. Program termination will generally apply prospectively and will not, solely because of termination, cancel or materially reduce the substantive Program benefits applicable to customers who were properly enrolled before the termination effective date.
Termination will not, solely because of termination, cancel:

1. Claims approved before the termination effective date;

2. Replacement Credits already issued; or

3. the Program eligibility or substantive benefits of a customer who was properly enrolled before the termination effective date, subject to the eligibility requirements, limitations, exclusions, and other terms of these Terms & Conditions.

Where reasonably feasible, NANO may provide transition guidance or alternative Program offerings for enrolled customers.

 

11.3 Eligibility Revocation
NANO may suspend or revoke Program eligibility for a specific customer or Qualifying System where NANO reasonably determines that continued eligibility is affected by:

1. fraud, material misrepresentation, or intentional omission of material information;

2. unauthorized modification, alteration, or reconfiguration of the system;

3. use of non-approved or incompatible components that materially affect system integrity;

4. misuse or abuse of Program Benefits;

5. material failure to comply with applicable Program requirements; or

6. relocation or transfer of the Qualifying System in violation of these Terms & Conditions.

Where the applicable condition is reasonably capable of being corrected, NANO may provide the customer with reasonable notice and an opportunity to cure the condition before permanently revoking Program eligibility.
NANO may immediately suspend or revoke eligibility where reasonably necessary to address fraud, intentional misconduct, safety concerns, or other circumstances requiring immediate action.
Eligibility revocation will apply to the affected customer or Qualifying System and will not, by itself, affect unrelated systems or separate enrollments.

 

11.4 Good Faith Administration
NANO will administer Program modifications, suspensions, terminations, and eligibility decisions reasonably and in good faith based on these Terms & Conditions and information reasonably available at the time of the decision.

 

11.5 Notice
Where reasonably practicable, NANO will provide reasonable notice of material Program modifications, suspensions, or termination affecting enrolled customers or access to Program Benefits.
Notice may be provided through electronic communications, customer account notices, the NANO website, or other reasonable communication methods designated by NANO.
 

12. Limitation of Liability

12.1 Limitation of Liability
To the maximum extent permitted by applicable law, NANO's total aggregate liability arising out of or related to the Program, including any Program Benefit, Claim, service, or related activity, shall not exceed the documented original Qualifying System equipment purchase price for the Qualifying System giving rise to the claim.
This limitation applies regardless of the form of action or legal theory asserted, including contract, tort, negligence, strict liability, or otherwise.

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12.2 Exclusion of Certain Damages
To the maximum extent permitted by applicable law, NANO shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to the Program, including loss of profits, revenue, business opportunities, use, data, business interruption, or other similar losses.
Nothing in these Terms & Conditions is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.

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12.3 Third-Party and System-Related Conditions
NANO is not responsible for the acts, omissions, decisions, delays, failures, or obligations of manufacturers, distributors, installers, contractors, utilities, or other third-party service providers, except to the extent expressly required by applicable law or expressly assumed by NANO under these Terms & Conditions.
The Program does not guarantee uninterrupted system operation, system performance, availability of equipment or components, or any particular repair or replacement outcome.

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12.4 Survival
The limitations and exclusions set forth in this Section shall survive termination, expiration, or completion of the Program to the maximum extent permitted by applicable law.

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12.5 No Double Recovery
A customer may not recover more than once from NANO for the same loss or damage arising from the same event or Claim. Any recovery received from NANO, a manufacturer, installer, contractor, insurer, or other responsible third party for the same loss will not create an additional right to duplicate recovery from NANO for that same loss.
This provision does not limit any separate Program Benefit to which an Eligible Customer is otherwise entitled under these Terms & Conditions.
 

13. Dispute Resolution & Arbitration

13.1 Informal Resolution
NANO encourages customers to first contact NANO to attempt to resolve any dispute, claim, or concern informally. The parties will make reasonable efforts to resolve disputes through direct communication or administrative review before initiating formal proceedings where practicable.

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13.2 Agreement to Arbitrate
To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to the Program or these Terms & Conditions shall be resolved through final and binding arbitration rather than in court, except for matters that applicable law permits or requires to be resolved through other means.
The agreement to arbitrate is mutual and applies equally to NANO and the customer with respect to disputes subject to arbitration.
Nothing in this Section prevents either party from pursuing an eligible claim in small claims court where permitted by applicable law and the applicable court's jurisdiction.
This agreement applies to disputes arising under contract, tort, statute, or other applicable legal theory.

 

13.3 Arbitration Rules and Administration
Arbitration shall be administered by JAMS under its applicable consumer arbitration rules and procedures in effect when the arbitration is initiated, including the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness where applicable, except to the extent a different requirement is imposed by applicable law.
The arbitrator shall have authority to award any remedy that would otherwise be available under applicable law, subject to the limitations and exclusions expressly provided in these Terms & Conditions and applicable law.

 

13.4 Governing Law and Location
These Terms & Conditions shall be governed by the laws of the State of California, without regard to conflict of law principles, except where applicable law requires otherwise.
Arbitration may be conducted remotely, by telephone, by video conference, or at another reasonably accessible location designated in accordance with the applicable JAMS rules and applicable law. The arbitration process will not be conducted at a location that unreasonably prevents the customer from participating.

 

13.5 Individual Proceedings
To the maximum extent permitted by applicable law, disputes subject to arbitration shall be resolved on an individual basis and shall not be consolidated with claims involving unrelated parties.
To the maximum extent permitted by applicable law, the customer and NANO each waive the right to participate in a class action, class arbitration, collective action, or representative proceeding involving claims subject to this arbitration agreement.
Any limitation on class, collective, or representative proceedings shall apply only to the extent enforceable under applicable law.

 

13.6 Fees and Costs
Arbitration fees and costs shall be allocated in accordance with applicable law and the applicable JAMS rules and consumer standards.
To the extent the JAMS Consumer Arbitration Minimum Standards apply, a consumer initiating arbitration will be responsible only for the consumer fee required under those standards, and NANO will be responsible for the remaining JAMS filing, case management, and arbitrator fees as required by those standards.
Nothing in this Section limits either party's right to recover attorneys' fees or costs where authorized by applicable law or contract.

 

13.7 Severability
If any provision of this Section is found to be unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by applicable law.
If any limitation on class, collective, or representative proceedings is found to be unenforceable, that limitation shall be severed or modified only to the extent necessary to permit the remaining arbitration provisions to remain enforceable, unless applicable law requires otherwise.

 

13.8 Survival
This Section shall survive termination or expiration of the Program to the maximum extent permitted by applicable law.

 

13.9 Non-Waivable Rights
Nothing in this Section is intended to waive, restrict, or eliminate any right, remedy, claim, or protection that cannot lawfully be waived or restricted under applicable law.​​​