Terms and Conditions of Pre-Order and Sale

THESE TERMS AND CONDITIONS OF PRE-ORDER AND SALE (“AGREEMENT”) SET FORTH THE TERMS UPON WHICH SMARTMISSMIO TECHNOLOGIES PTE LTD (“SMARTMISSIMO” OR, THE “COMPANY”) SELLS, AND YOU PRE-ORDER AND PURCHASE, THE PowerDot Product OFFERED BY SMARTMISSIMO THROUGH ITS WEBSITE (THE “PRODUCT”). BY PURCHASING THE PRODUCT, YOU ARE AGREEING TO THIS AGREEMENT, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. DO NOT PRE-ORDER THE PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT. THE TERM “YOU” MEANS BOTH THE INDIVIDUAL PLACING THE PRE-ORDER AND THE ENTITY ON WHOSE BEHALF SUCH INDIVIDUAL IS ACTING, IF ANY.

IF YOU LIVE IN THE UNITED STATES OF AMERICA: YOU UNDERSTAND THAT THE PRODUCT IS NOT CLEARED WITH U.S. FOOD AND DRUG ADMINISTRATION (the “FDA”) AT THIS TIME, AND WILL NOT BE SHIPPED TO YOU UNTIL IT RECEIVES THE NECESSARY FDA REGULATORY CLEARANCE. IF THE COMPANY IS UNABLE TO COMMENCE SHIPPING THE PRODUCT ON OR BEFORE THE ONE-YEAR ANNIVERSARY OF YOUR PLACING THE PRE-ORDER, THE COMPANY SHALL PROCESS A FULL REFUND TO YOU.