Privacy Policy

January 30, 2020

Section 1 – What data do we collect and why?

Purchase

When you purchase something from our store, as part of the buying and selling process, we collect the personal information, such as your name, address, telephone number and email address. As well as online identifiers, such as the internet protocol (IP), browser and operating system.

We collect the above mentioned data points in order to provide you with essential functionality of our third-party e-commerce platform. Additionally, we use your purchasing history in automated decision-making activities in order to provide you with the most relevant and best content and services possible.

Marketing offers

When signing up for any of our newsletter and other email submission offers we collect the personal information defined in the submission form, such as your name, telephone number and email address. As well as online identifiers, such as the internet protocol (IP), browser and operating system.

We collect the above mentioned data points in order to provide you with essential functionality of our service and to improve such. Additionally, we use your online behaviour in profiling activities in order to provide you with the most relevant and best content and services possible.

Account creation on Airtame Cloud

When signing up for an account for our remote management platform (“Airtame Cloud“) we collect the personal information email address. As well as online identifiers, such as the internet protocol (IP), browser and operating system.

We collect the above mentioned data points in order to provide you with essential functionality of our service and to improve such. Additionally, we use your online behaviour in profiling activities in order to provide you with the most relevant and best content and services possible.

Information from Integrated Sign-On Services

If you decide to register through or otherwise grant access to a third-party integrated service (what we call an “Integrated Service”), such as Google or similar single sign-on service, Airtame Aps may also collect Personal Information that is already associated with your Integrated Service account. You may also have the option of sharing additional information with Airtame Aps through an Integrated Service, as controlled through your settings on that Integrated Service. If you choose to provide such information, during registration or otherwise, Airtame Aps will treat the information as Personal Information and will use it in the ways described in our Terms of Service.

Internal analytics, product health and improvement

When using our devices we collect online identifiers, such as the internet protocol (IP), browser and operating system.

We collect the above mentioned data points in order to provide you with essential functionality of our service and to improve such.

Booking calls with Airtame

When booking a call with an Airtame employee through our third-party service we collect the personal information defined in the submission form, such as your name, telephone number and email address. As well as online identifiers, such as the internet protocol (IP), browser and operating system.

We collect the above mentioned data points in order to provide you with essential functionality of our service and to improve such. Additionally, we use your online behaviour in profiling activities in order to provide you with the most relevant and best content and services possible.

Email marketing

Any submission of email with us constitutes that you expressly agree to receive promotional content from Airtame, news about our product and its development, as well as relevant tips and insights by mail or email, from time to time. You will also be given an option to opt out of receiving our promotional materials.

Our mailing program allows us to see when you open our email and click and we use that information for automated decision making, profiling and performance monitoring and improvements.

Section 2 – Consent

How do you get my consent?

Website – If you choose to use the website, you indicate your consent to our use of the cookies any information about you that we collect using these cookies. If you do not consent to the use of these technologies, please do not use the website. Learn more about our Cookie Policy (“Cookie Policy“).

Purchases – When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

Marketing – If we ask for your personal information for a secondary reason, like marketing, we will ask you directly for your expressed consent. All of our marketing communications are on a opt-in basis and require a explicit action of you.

How do I withdraw my consent?

If after you opt-in you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at hello@airtame.com. To stop receiving our Newsletter just use the Unsubscribe button in the Newsletter from Airtame you have received, and in order to object to the use of cookies please follow the instruction at the bottom of our Cookie Policy to suppress cookies in your respective browser or please refrain from using the website.

Section 3 – Data subject rights of access

We have outlined the data subject rights that apply to Airtame’s data subjects below. If you at anytime, would like to exercise any of the below outlined rights or have questions regarding them please contact us at data@airtame.com.

Right of access

The controller shall take appropriate measures to provide any information relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child.

Right to erasure and to be forgotten

The data subject shall have the right to obtain from the controller the erasure of personal data concerning their without undue delay, unless otherwise required by law.

Right to rectification

The data subject has the right to have inaccurate personal data rectified. An individual may also be able to have incomplete personal data completed – although this will depend on the purposes for the processing. This may involve providing a supplementary statement to the incomplete data.

Right to data portability

The data subject has the right to receive personal data they have provided to a controller in a structured, commonly used and machine readable format. It also gives them the right to request that a controller transmits this data directly to another controller.

Right to restrict processing

The data subject has a right to restrict the processing of any personal data stored by Airtame. In most cases, this cannot be an indefinite restriction, only for a period of time.

Disclaimer

All of these rights include more detailed stipulations, which need to be assessed before complying with any requests based on the above mentioned rights. Additionally, we reserve the right to exercise reasonable measures to verify the identity of any data subject putting forward requests based on the above rights. This is to ensure the security of our existing data subjects and to minimize the risk of fraudulent behaviours. More information on the aforementioned stipulations can be found here (“EU GDPR information portal“).

Section 4 – Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

Section 5 – Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as it is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.

Section 6 – Third-party services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Section 7 – Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Section 8 – Cookies

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. We urge you to consult our Cookie Policy for further information.

Section 9 – Age of consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Section 10 – Changes to this privacy policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Section 11 – Cookie Policy

Section 1 – What are cookies?

Cookies are small text files that can be used by websites to make a user’s experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission. This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.

Section 2 – What do we use the information for?

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Additionally, we use cookies to provide certain aspects of our services such as our website’s chat functionality.

Section 3 – What cookies do we use?

Please find the list of cookies that we use in this beginning of the page. We’ve listed them so you that you can choose if you want to opt-out of cookies or not.

Section 4 – How do i opt-out or object to the use of cookies?

If you wish to opt out of all Airtame cookie tracking then please refer to the following browser specific guides on how to disable cookies:

Questions and contact information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, see the bottom of this page for our contact information.

Terms and Conditions

Date last modified: April, 2020

These Terms of Service (this „Agreement“) and End User License Agreement set forth the terms, upon which Airtame Corporation (Airtame“ or, the Company“) sells, and you („the Customer“) purchase, the product of Airtame Aps through its website or Indiegogo campaign (the Product“), and governs your access to and use of our Website, mobile application, Platform, Product, software, and services (collectively, the Services“), and any Content. Your use of any software product, including the desktop and mobile application, provided by Airtame, and any accompanying services provided by Airtame to you, is subject to the terms of this Agreement. Certain features may be subject to additional guidelines, terms, or rules, which will be made available to you in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

Our Privacy Policy, available at airtame.com/privacy (the Privacy Policy“) is incorporated by reference into this Agreement. Our Cookie Policy is available at airtame.com/cookies (the „Cookie Policy“).

By purchasing the Product and accessing and using the Services, you agree to be bound by the terms of this Agreement and you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by us in accordance with the Privacy Policy. If you do not agree to be bound by the terms of this Agreement, including the Privacy Policy, you are not permitted to use the Services.

We may update and change the terms of this Agreement or the Privacy Policy from time to time. If we make any substantial changes, we will notify registered Users by email at the address on file with us and/or post a notice of the changes on the Website. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of this Agreement.

These Terms of Service (this “Agreement”) and End User License Agreement set forth the terms, upon which Airtame Corporation (Airtame” or, the Company”) sells, and you (“the Customer”) purchase, the product of Airtame Aps through its website (the Product”), and governs your access to and use of our Website, mobile application, Platform, Product, software, and services (collectively, the Services”), and any Content. Your use of any software product, including the desktop and mobile application, provided by Airtame, and any accompanying services provided by Airtame to you, is subject to the terms of this Agreement. Certain features may be subject to additional guidelines, terms, or rules, which will be made available to you in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

Our Privacy Policy, available at airtame.com/privacy (the Privacy Policy”) is incorporated by reference into this Agreement. Our Cookie Policy is available at airtame.com/cookies (the “Cookie Policy”).

By purchasing the Product and accessing and using the Services, you agree to be bound by the terms of this Agreement and you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by us in accordance with the Privacy Policy. If you do not agree to be bound by the terms of this Agreement, including the Privacy Policy, you are not permitted to use the Services.

We may update and change the terms of this Agreement or the Privacy Policy from time to time. If we make any substantial changes, we will notify registered Users by email at the address on file with us and/or post a notice of the changes on the Website. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of this Agreement.

1. Definitions

2. Purchase of Airtame Product

Orders

Pre-Orders

3. Eligibility

Eligibility. Minors are not allowed to purchase Products through our Website, and by purchasing Products you declare and represent that you are at least 18 years of age and that you have full legal capacity to complete such contractual action without need for any additional approvals or consents.

4. Services

5. Prohibited Uses

You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes:

6. Limitation of Liability

7. Indemnity

You agree to defend, indemnify and hold harmless Airtame and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Product, the Services, the Platform, and the Website; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Product, the Services, the Application or the Website.

8. General

Return policy

Returns for refunds

Airtame has a 30-day return policy. You can return the product for any reason within the 30-day period after you have received the device. The 30 day trial begins on the date your Airtame is delivered to you. If 30 days have passed since you received the device purchased on www.airtame.com, unfortunately we cannot offer you a refund or exchange.

To get instructions on how to process your refund, please reach out to hello@airtame.com or submit a request via our live chat. Please note that we do not accept any returns without the customer contacting Airtame regarding the return and receiving the guidelines for the return in advance.

There are certain situations where only partial refunds are granted (if applicable): any item not in its original condition, is damaged, or missing parts for reasons not due to our error.

You will be responsible for all return shipping charges and shall assume all risk of loss or damage to the product while in transit back to Airtame. For your protection, we recommend that you use a traceable method of shipping. Products must be packed in their original packaging, including all accessories, manuals, and documentation. If an accessory missing from the return, you will be subject to charges for these missing pieces, as defined here:

Deductions* in case of missing/damaged items:

Airtame 1 (see images of all items)

Airtame 2 (see images of all items)

*Currency is in EUR or USD depending on the original transaction.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you if the item met the conditions for the full refund. If the return is approved, then your refund will be processed within two weeks, and a credit will be applied to your credit card or original method of payment, within 2-7 days.

Late or missing refunds (if applicable)

If you haven’t yet received a refund two weeks after you have received a confirmation of your refund, double check your account and contact your credit card company. It may take some time before your refund is officially posted. Next, contact your bank.

There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund, please contact us at hello@airtame.com.

Refunds for devices ordered via crowdfunding

A 30-day return policy is applied as well to all Airtame Backers on Indiegogo. According to the policy, you may return the device within 30 days after you have received it. See section RETURNS FOR REFUNDS for further guidelines.

Replacement of faulty devices

Items are only replaced if they are defective or damaged. If you have ordered the product to one of the countries in the EEA (European Economic Area), you are entitled to a 2-year warranty.

If you ordered the device to the United States or another country outside of the EEA, you are entitled to a 1-year warranty. According to the warranty, you can get your faulty device replaced within the given period after the purchase from Airtame or from an authorised reseller, or via crowdfunding on Indiegogo.

If you have bought Airtame from a private seller, the seller’s warranty is transferred to you along with the seller’s proof of purchase and is valid within the 2 years after the seller purchased the device from Airtame or an authorised reseller in the EEA, and 1 year in other countries. You are responsible for the return shipping of the defective Airtame device.

We will not issue a replacement for any devices purchased within countries that we currently do not have certifications to ship to. If you originally purchased and used a forwarding address for shipping, you will need to use a forwarder again to send the defective Airtame device back to us and to receive the replacement Airtame device.

You should report the issue within 30 days after the defect has been discovered.

Please note that we do not accept any returns without the customer first contacting Airtame regarding the return, having received support from the Customer Experience Team, and having received the guidelines for the return.

Customers within the US are eligible to obtain a prepaid return shipping label for purchases made directly on our website. All other webshop customers must pay for the return shipping, provide us with proof of shipment payment by sending it to hello@airtame.com, and we will reimburse your order up to $30/€30 for these costs. Once the faulty unit has been received at the Airtame location, please allow 3-5 business days for a replacement unit to be processed.

Reach out to hello@airtame.com describing the issue you are experiencing. The Customer Experience Team will identify if your issue can be solved over email, chat, or, in some cases, phone.

Warranty Disclaimer

Except as expressly provided herein and where prohibited by law, the Product, the Services, the Application and the Website are provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

We make no warranty that the Services, the Application or the Website (i) will meet your requirements; (ii) will be available on an uninterrupted, timely, secure, or error-free basis; or (iii) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We further make no warranties or representations regarding the accuracy or completeness of the content on any sites linked to the Website.

Shipping Expenses

You will be responsible for paying for your own shipping costs. Shipping costs are non-refundable.

For full refunds, you should consider using a trackable shipping service or purchasing shipping insurance. We will only process the refund when we have received the order at the destination. You can return the order to one of our warehouses in the USA, Australia, or Denmark.

If you are returning the device for a replacement, have contacted the Customer Experience Team and received an RMA number, we will refund your shipping costs. You need to provide us with the copy of your shipping bill to get the reimbursement. We recommend using regular post.

Master Subscription Agreement (February 20, 2020 – present)

MASTER SUBSCRIPTION AGREEMENT

This Master Subscription Agreement contains the terms and conditions in relation to the Subscription unless otherwise agreed in the order form.
If the Customer registers for a Free Trial of Airtame Cloud, the applicable provisions of this Master Subscription Agreement will also govern such Free Trial.
This Agreement was last updated on February 20, 2020

1. DEFINITIONS

1.1 “Airtame”, “we” and “us” means Airtame ApS
1.2 “Airtame Plus” means the paid plan for screen management and digital signage
1.3 “Airtame Lite” means the free plan for device management
1.4 “Customer”, “you”, “your” or similar terms means the person or legal entity utilizing or accessing the Software
1.5 “Data Processing Addendum B” means the Airtame Data Processing Addendum B attached as Addendum B to this Master Subscription Agreement
1.6 “Device” means a supported Airtame device
1.7 “Free Trial” means a one-time free trial for a given period set out on Airtame’s website from time to time providing an opportunity to try out the Software for free
1.8 “License” has the meaning set forth in clause 2.1
1.9 “Licensor” means the person selling a License to the Customer, i.e. either Airtame, Airtame Inc., a Partner or any other entitled hereto
1.10 “Master Subscription Agreement” means this agreement
1.11 “Partner” means a company which, in accordance with the Partner Agreement, has sold the Customer a License to the Software
1.12 “Partner Agreement” means the agreement between the Partner and Airtame, which grants the Partner the right to license the Software to third parties, including, but not limited to, the Customer
1.13 “SLA” means the Airtame Service Level Agreement attached as Addendum A to this Master Subscription Agreement
1.14 “Software” means Airtame Cloud as specified at ​https://airtame.com/airtame-cloud/pricing/
1.15 “Subscription Fee” means the fee for the License
1.16 “Subscription Period” means the period for which the Customer is granted a License to the Software

2. SUBSCRIPTION SERVICE

2.1 The Customer is granted a non-transferable and non-exclusive license to use the Software for a limited period of time (the Subscription Period) subject to the provisions of this Master Subscription Agreement and on an “as is” basis (the „​License​“).
2.2 The License is limited to the number of active seats/Devices agreed with the Licensor in the order form. If the number of active seats/Devices are not agreed with the Licensor in the order form the License is limited to 1 seat/Device.
2.3 The Software is delivered as an online Software-as-a-Service operated by Airtame and can be accessed through a web browser only supported by desktops and laptops and not mobile devices. In order to use the Software, running the latest version of a common, generally approved, web-browser is required, i.e. Microsoft Edge, Firefox, Chrome or Safari. Web-browsers not listed are not supported.
2.4 The Customer may be provided with an interface for the Software. Such an interface may be updated on a continuous basis. Updates will neither reduce or interfere with the quality of the Software nor the contractual obligations between the Customer and Airtame.
2.5 The Software is delivered with a user interface (UI) in the English language. Licensor provides no guarantee, warranty nor support for other languages than English.
2.6 The License only entitles the Customer to ordinary usage of the Software, and the Customer shall not copy, modify, reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.7 The Licensor is not obligated to provide or procure any updates to the Software, except such updates necessary to keep the Software in an operational state. This entails, inter alia, that the Licensor is not obligated to update the functionality of the Software to cater to the Customer’s changing needs or requirements, regardless of the Customer’s changing needs or requirements being a result of changes to national or international regulation.
2.8 The Customer is not entitled to sublicense the License.
2.9 Except for the express License granted, no other license, express or implied, is granted by the Licensor to the Customer.
3. SERVICE LEVEL GOALS
3.1 The service level goals are specified in the “Addendum A Service Level Agreement”
3.2 Airtame Service Level Agreement (SLA). The service level goals must be complied with during the Subscription Period unless otherwise stated in the “Addendum A Airtame Service Level Agreement” (SLA).

4. PAYMENT

4.1 Purchase of the service from a Partner
4.1.1 If you purchased the License from a Partner, you acknowledge that payment and delivery terms for the License must be established separately and independently between you and the Partner, see also clause 11.1 below in respect to purchases from a Partner.
4.2 Purchase of the service from Airtame
4.2.1 Subscription Fee
4.2.1.1 You will be charged the Subscription Fee at the time of placing the order. Airtame may increase the then current Subscription Fee at the start of each new renewal period by giving not less than i) 90 days’ prior written notice to the Customer in case of a contract or ii) 30 days’ prior written notice to the Customer in case of credit card payment.
4.2.2 Automatic renewal
4.2.2.1 Automatic renewal (​contract​)
Unless otherwise agreed in the order form, all subscriptions signed with Airtame will automatically be renewed (without the need to go through the services-interface “check-out” or execute a renewal order form) for an additional period equal to the period stated in the order form or the preceding term, whichever is shorter. Either party may cancel the automatic renewal in accordance with clause 7.
4.2.2.2 Automatic renewal (​credit card payment​)
Unless otherwise agreed, all subscriptions signed with Airtame will automatically be renewed (without the need to go through the services-interface “check-out”) for additional periods equal to either one (1) month or one (1) year, depending on your selected Billing Period. Either party may cancel the automatic renewal in accordance with clause 7
4.2.3 Refund and cancellation
4.2.3.1 If the Customer terminates this Master Subscription Agreement in accordance with clause 7, already paid Subscription Fees will not be refunded.
4.2.3.2 Subscriptions to Airtame Cloud cannot be cancelled and the Customer may only terminate this Master Subscription Agreement in accordance with clause 7.1.

5. I​NTELLECTUAL​ P​ROPERTY​ R​ IGHTS

5.1 Airtame retains all rights, title and interest, including, but not limited to, all intellectual property rights, trademarks, know-how and copyrights, in and to the Software and any copies thereof and any and all other rights to the Software and related documentation, except for third party components of the Software to which Airtame’s suppliers hold all rights. Any non-compliance with Airtame or its suppliers‘ rights, including careless use of the Software which might render copying of the Software possible for third parties, shall be deemed in breach of this Master Subscription Agreement.
5.2 If the Customer becomes aware of any infringement or threatened infringement by a third party of the Software, the Customer shall promptly notify Airtame ApS by email: support@airtame.com​.

6. W​ARRANTIES

6.1 Licensor’s warranties 6.1.1 The Licensor warrants that:
a) the Licensor has the right to grant the License; and
b) the Software substantially includes the functionality set out on Airtame’s website
https://airtame.com/airtame-cloud/pricing
6.1.2 The warranties set out in Clause 5.1.1, shall not apply in the event that:
a) the Customer does not implement such updates as described in clause 2;
b) the Software, or any part thereof, is used other than in accordance with the documentation, manuals and other written material provided to the Customer therewith;
c) the Software, or any part thereof, is altered, modified or converted by any party other than Airtame ApS;
d) an error in any other software program used with the Software which causes as a result the Software or a part thereof to not function properly; or
e) a malfunction in the Customer’s equipment results in the Software or any part thereof not functioning.
6.2 Airtame does not warrant that Airtame Cloud is compatible with all Airtame’s Devices and in case of lack of compatibility between the Device and Airtame Cloud, it is the sole responsibility of the Customer to upgrade the Device or buy a new Device in order to get the full benefit of Airtame Cloud.
6.3 Disclaimer of warranties
6.3.1 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS MASTER SUBSCRIPTION AGREEMENT, LICENSOR, AIRTAME APS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF THE VALIDITY OR ENFORCEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY THIRD PARTY PATENTS OR PROPRIETARY RIGHTS.

7. T​ERM​ ​AND​ ​TERMINATION

7.1 Term and Termination
7.1.1 This Master Subscription Agreement shall commence as of the date agreed with the Licensor, and it will continue in effect and be automatically renewed, cf. clause 4.2.2.
7.1.2 Notwithstanding clause 7.1.1, this Master Subscription Agreement and thus the License may be terminated before automatic renewal. Automatic renewal under clause 4.2.2.1 may be cancelled by either party upon written notice to the other party at least sixty (60) days before the end of the Subscription Period. The written notice from the Customer must be an e-mail to ​support@airtame.com​, and the e-mail shall include the following information: Legal customer name, VAT or EIN number and Airtame Cloud-ID. Automatic renewal under clause 4.2.2.2 may by the Customer be cancelled by unsubscribing through self-service under Account, Your plan in ​https://airtame.cloud/login at least one (1) day before the end of the Subscription Period.
7.2 Breach and remedies for breach
7.2.1 Airtame may terminate this Master Subscription Agreement and thus the License upon fourteen (14) days written notice to the Customer if (a) the Customer fails to make any payment to Airtame, the Partner or any other relevant third-party relating to the License under this Master Subscription Agreement when due, or if (b) the Customer is in breach of any of its obligations under or in relation to this Master Subscription Agreement.
7.2.2 The Customer may terminate this Master Subscription Agreement and thus the License forthwith by written notice to Airtame if Airtame is in breach of any of its obligations under or in relation to this Master Subscription Agreement which has not been rectified within 90 days of written notice of such breach being given to Airtame.
7.2.3 Where termination is due to material breach of the Master Subscription Agreement by the Customer pursuant to clause 7.2.1, the Customer shall discontinue all use of the Software and terminate any integration with the Software. At the Licensor’s or Airtame ApS’s request, the Customer shall confirm in writing that the Customer has fulfilled its undertaking according to this clause.
7.2.4 Material breach of this Master Subscription Agreement shall include, but not be limited to, (i) the Customer neglecting to pay any sums owed under this Master Subscription
Agreement, or (ii) the Customer using or permitting any use of the Software that is contrary to the provisions of this Master Subscription Agreement.
7.2.5 Upon termination of this Master Subscription Agreement due to material breach by the Licensor, the Customer is entitled damages and indemnification from the Licensor in accordance with the limitations set out in this Master Subscription Agreement, see clause 8.
7.2.6 The Customer is solely responsible and liable for all such Customer’s activities on Airtame’s Software and the use of the License. The Customer will thus be liable for any breach of the obligations by any of the Customer’s users as if the Customer had breached the Customer’s obligations.
7.2.7 Furthermore, the Customer is responsible for the user’s passwords and all activity carried out in relation to the user’s Software account, including any potential use by third parties that take place through the user’s account. The Customer and the user must keep logins and passwords confidential, and the Customer undertakes to immediately shut down accounts of users that are no longer employed with the Customer. The Customer must notify Airtame immediately in case of any possible misuse of user login or passwords or any security incident related to the Software. Airtame is not responsible in any way regarding the creation of such logins.
7.2.8 The Customer warrants and represents that it owns, is authorised or otherwise has a right to use any and all intellectual property rights in relation to any content that has been submitted to the Software. The Customer agrees to indemnify and hold the Licensor and Airtame harmless against any and all damages, losses, costs and expenses (including reasonable legal expenses) incurred or suffered by Airtame as a consequence of or in connection with any claim made against Airtame by a third-party arising out of or in connection with the Customer’s use or possession of any content.
7.3 Restricted activities etc.
7.3.1 The Customer is obliged and responsible for that the use of the License and any content shared is not deemed to be offensive, illegal, inappropriate or that in any way:
– promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– harasses or advocates harassment of another person;
– displays pornographic or sexually explicit material;
– promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
– promotes any illegal activities;
– provides instructional information about illegal activities, including violating someone
else’s privacy or providing or creating computer viruses;
– promotes or contains information that You know or believe to be inaccurate, false or
misleading;
– engages in the promotion of contests, sweepstakes and pyramid schemes without
Airtame’s prior written consent;
– contains any virus or device etc., which may prevent, impair or otherwise adversely affect
the operation of Airtame’s website; or
– infringes any intellectual property rights or any other proprietary rights of any third
party.
7.3.2 The use of the Software does not impact on the rights to and/or restrictions applicable to the content. In case that any content is owned by somebody other than the Customer, the Customer will be solely responsible for ensuring observance of the relevant license rights and restrictions applicable to any content. Neither the Licensor nor Airtame is under any circumstances liable for any losses, damages, costs or expenses incurred by the Customer arising out of or in connection with the Customer or users’ use of any content through the Software.
7.3.3 Furthermore, the Customer is obliged to ensure that any user does:
– not use login details with the intent of impersonating another individual;
– not allow any person other than users to use the login details;
– not do anything that likely can impair, interfere with or damage or cause harm or
distress to any person using the Software and Airtame’s website or in respect of the
network;
– not use Airtame’s website and/or the Software or the content therein if it will infringe
any intellectual property right or other rights of any third party and neither do anything
that will infringe on such rights;
– comply with all Airtame’s instructions and policies at any and all times in respect of
Airtame’s website and the use of the Software;
– co-operate with any reasonable security or mandatory legal checks or requests for
information made by Airtame from time to time; and
– use the information that has been made available when using the Software and on
Airtame’s website at its own risk.
7.3.4 In the event that Airtame ApS in its discretionary opinion deems that the Customer’s use of the Software is illegal or non-compliant with applicable rules and regulations, Airtame ApS shall be entitled to terminate the Customer’s access to the Software without the Customer being entitled to any compensation whatsoever. The Customer shall without limitation indemnify Licensor and Airtame ApS for any losses resulting from the above-mentioned activities.
7.4 Publicity
7.4.1 Unless otherwise stated in the order form, the Customer agrees to allow Airtame, and hereby does provide Airtame with the necessary rights and licenses, to use the Customer’s name and logo on Airtame’s sites, blog and/or in marketing materials, including case studies and press references, to identify the Customer as a customer of Airtame.
7.5 Derogation
7.5.1 Airtame will comply with all the mandatory information requirements for online service providers set out in the Danish E-commerce Act (Act No. 227 of 22 April 2002). However, in accordance with Section 13(2) of the Danish E-commerce Act, the Customer and Airtame agree to derogate from section 10 – “Information to be provided”.

8. L​IABILITY​ ​AND​ L​IMITATION​ ​OF​ ​LIABILITY

8.1 The Parties are liable for damages in accordance with the general rules of Danish law for any loss that the other Party may suffer subject to the limitations set out below. Airtame ApS shall not be liable for any loss of the Customer (unless Airtame ApS is Licensor).
8.2 The Customer is solely responsible and liable for all such Customer’s activities on Airtame’s Software and the use of the License. The Customer will thus be liable for any breach of the obligations by any of the Customer’s users as if the Customer had breached the Customer’s obligations.
8.3 Neither of the Parties nor Airtame ApS shall be liable for any indirect loss, including any operating loss, loss of time, costs related to investigations of a defect, loss or damage related to effects on other software, loss or damage caused by the incorrect use of the Software or incorrect results generated by the Software, loss of data, loss of profit or other consequential losses of the other parties. Airtame ApS‘ suppliers shall have no liability towards the
Customer for any lost profits, or direct, indirect, special, consequential, punitive, or exemplary damages, even if advised of the possibility of these types of damages.
8.4 The Licensor accepts product liability only to the extent that it cannot be contractually waived. The Licensor disclaims product liability on any other basis.
8.5 The Licensor’s liability shall in any case be limited to an amount corresponding to the fee paid by the Customer for the current Subscription Period.

9. F​ORCE​ ​MAJEURE

9.1 If either of the Parties (the „​Claiming Party​“) is prevented from carrying out its obligations (other than payment obligations) under this Master Subscription Agreement (or such are delayed) by circumstances beyond such Party’s reasonable control and which could not reasonably be foreseen at the time this Master Subscription Agreement was entered into („​Force Majeure Circumstances​“) then the Claiming Party shall not be deemed to be in breach of this Master Subscription Agreement, and shall not be obliged to carry out such obligations until the Force Majeure Circumstances cease to exist. Force Majeure Circumstances include (but are not limited to) natural disaster, terrorism, riots, war, any measure taken by public authority, strike, lockout including strike and lockout among Airtame’s employees and potential subcontractors, default in or delay of supplies from subcontractors, issues that are related to external apps or third parties, any products or features identified as alpha, beta or similar, external network or equipment problems outside of our reasonable control, including our third party hosting provider(s), physical impossibility of performance, disruption or similar conditions in the communication infrastructure and circumstances where proper performance will cause disproportionate costs to Airtame and/or the Licensor.
9.2 In the event that Force Majeure Circumstances continue for a period greater than three (3) months, the non-Claiming Party shall be entitled to terminate this Master Subscription Agreement. Such termination shall be without prejudice to the accrued rights and liabilities of the Parties at the date of the termination.

10. A​SSIGNMENT​ ​AND​ ​TRANSFER

10.1 Without limiting clause 10.3 and subject to clause 10.2 below, neither Party may assign or otherwise transfer this Master Subscription Agreement or any of its rights and obligations hereunder without the prior written consent of the other Party.
10.2 The Licensor may transfer to any third party whatsoever the right to receive payments due under this Master Subscription Agreement without the Customer’s consent
10.3 If the Licensor’s right to license the Software to the Customer pursuant to the Partner Agreement is terminated, expired or otherwise no longer valid, regardless of the cause hereof, Airtame ApS shall by giving notice to the Customer have the right to either:
a) assign the Agreement from Licensor to Airtame ApS on unchanged terms. Any existing claims or subsequent claims relating to the period prior to Airtame ApS assigning the Agreement, shall not be assumed by Airtame ApS;
b) assign the Agreement from Licensor to a third party (the „​Assignee​“) of Airtame ApS’s choice, in which case the terms and conditions of the Agreement shall apply between the Customer and the Assignee. Any existing claims or subsequent claims relating to the period prior to the Agreement being assigned, shall not be assumed by the Assignee; or
c) terminate the Agreement in accordance with the terms of clause 7.

11. P​ARTNER​ S​ALES

11.1 If the License is acquired from a Partner will (i) this Master Subscription Agreement constitutes the entire contractual relationship between you and Airtame regarding the Software and License and the obligations of Airtame as set forth herein and is controlling; and (ii) the terms and conditions of any purchase order or any other agreement between you and the Partner are not binding to Airtame. Furthermore, (iii) the Partner is not authorized to alter, amend or modify this Master Subscription Agreement or to otherwise grant any license or other rights or any obligations relating in any way to the License. The Customer further acknowledges that Airtame makes no representation or warranty, nor incurs an obligation in relation to any services or other products provided by any Partner, or any actions or failure to act by any Partner.

12. P​RIVACY​ ​AND​ D​ATA​ ​PROTECTION

12.1 Airtame collects and processes personal data in accordance with our enclosed “Addendum B
Data Processing”

13. A​PPLICABLE​ ​LAW​ ​AND​ ​VENUE

13.1 This Master Subscription Agreement and any dispute or claim arising out of or in relation hereto shall be governed by and construed in accordance with Danish law without regard to its principles on choice of law.
13.2 Any dispute arising out of or in connection with this Master Subscription Agreement, including any disputes regarding the existence, validity, or termination hereof, shall be settled by the courts of Denmark.
13.3 The City Court of Copenhagen shall be the court of first instance.

ADDENDUM A: SERVICE LEVEL AGREEMENT

This Airtame Service Level Agreement (SLA) constitutes an appendix to the Master Subscription Agreement. Airtame provides an uptime commitment for customers on the Airtame Cloud Paid plan and above. At any time you can see historical uptime and scheduled maintenance here. Important to note: It is important to pinpoint that if Airtame Cloud is down this ​does not ​mean that your Airtame devices are not functioning for screen sharing. The only implication is that the Airtame Cloud management portal will not be accessible.

1. SLA ​BREAKDOWN

1.1 Downtime
1.1.1 Downtime is the overall number of minutes Airtame Cloud was unavailable during the calendar year. Downtime is measured based on server-side error rate.
1.1.2 Downtime excludes the following:
– Slowness or other performance issues
– Issues that are related to external apps or third parties
– Any products or features identified as alpha, beta or similar
– External network or equipment problems outside of our reasonable control, including our third-party hosting provider(s), cf. below
– Scheduled Downtime for maintenance, cf. below
– Downtime caused by events amounting to Force Majeure (as defined in the Master Subscription Agreement))
1.1.3 We are not obligated to investigate and correct all incidents or faults regardless of whether or not such incidents or faults entail Downtime.
1.2 Uptime Commitment
1.2.1 Uptime is the percentage of total possible minutes Airtame Cloud was available during a calendar year. Our commitment is to maintain at least 99% Uptime (“Monthly Uptime Percentage”) as of this SLA version but we intend to increase our commitment. Monthly Uptime Percentage means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
1.2.2 We are solely liable for Uptime directly related to our services and are not liable for Downtime caused by circumstances outside of our control, including i) our third-party hosting providers, ii) you or your company, or iii) the individuals who use your products and services.
Check Airtame Cloud historical status right here:
https://status.airtame.com/?_ga=2.197526439.986783771.1580293315-523478996.1560783462
1.3 Scheduled Downtime
1.3.1 Sometimes we need to perform maintenance to keep Airtame Cloud working smoothly. If scheduled Downtime is necessary, we will give you at least 1-week advance notice. We will make our best efforts to limit scheduled Downtime during work hours, i.e. weekdays from 8 a.m. – 5 p.m. in North American and European time zones
1.4 Changes to Uptime Commitment
1.4.1 Adjustments of the Service Level Agreement can be made by us without your consent at all times in accordance with the notice of termination in the applicable Master Subscription Agreement. You cannot request, delete or modify the Service Level Agreement.
1.4.2 We shall provide an e-mail notification to alert you whenever the Service Level Agreement is updated.

2. CUSTOM SLA

2.1 For larger Enterprises and Schools we are offering custom SLAs. Please reach out to your account manager for more information.

ADDENDUM B: DATA PROCESSING

1. I​NTRODUCTION

This data processing addendum is part of the Master Subscription Agreement, cf. section 14 of the Agreement. The addendum describes how Airtame collects and processes the End User’s personal data through Airtame Cloud in connection with the Master Subscription Agreement.
Airtame is the data controller regarding the data processed under the Master Subscription Agreement and Airtame determines the “purposes and means of processing the personal data” in this regard. Airtame collects and processes your (the data subject) personal data as stated below.

2. P​ERSONAL​ ​DATA

2.1 Consent
By agreeing to the Master Subscription Agreement (and creating an Airtame Cloud account) you are consenting to the processing of your personal data as stated in this data processing addendum.
If you wish to withdraw your consent, you can at any time contact Airtame at ​hello@airtame.com 2.2 Personal Data You Deliver
2.2.1 General
● Airtame Cloud profile information​, such as your display name, email, hashed profile password, role/title, and preferences;
● Feedback and correspondence​, such as information you provide when you respond to surveys, participate in market research activities, report a problem with, receive customer support or otherwise correspond with us;
● Usage information​, such as information about how you use the service and interact with us; and
2.2.2 Information Automatically Collected
Airtame’s servers may automatically record certain information about how you use the service, such as your Internet Protocol (IP) address, device and browser type, operating system, the pages or features of the service that you browsed and the time spent on those pages or features, the frequency with which you use the service, search terms, the links that you click on or use, and other statistics. We collect this information in server logs and by using cookies and similar tracking technologies to analyze trends, administer the service, track users’ movements around the service.
2.2.3 Information from Integrated Sign-On Services
If you decide to register through or otherwise grant access to a third-party integrated service (what we call an “Integrated Service”), such as Google or similar single sign-on service, Airtame may also collect personal data that is already associated with your Integrated Service account. You may also have the option of sharing additional information with Airtame through an Integrated Service, as controlled through your settings on that Integrated Service. If you choose to provide such information, during registration or otherwise, Airtame will treat the information as personal data and will use it in the ways described in this addendum and the Master Subscription Agreement.
2.3 How Airtame Uses Your Personal Data
We use your personal data for the purpose of fulfilling the Master Subscription Agreement and provide the service.
2.4 To Provide the Service
If you have an Airtame Cloud account, we use your personal data:
– to operate, maintain, administer and improve the service;
– to manage and communicate with you regarding your service account if you have one, including by sending you Service announcements, technical notices, updates, security alerts, and support and administrative messages;
– to process payments you make through the service;
– to better understand your needs and interests, and personalize your experience with the service;
– to respond to your service-related requests, questions and feedback
2.5 For Security, Compliance, Fraud Prevention and Safety
We may use your personal data as we believe appropriate to (a) investigate or prevent violation of the law or the Master Subscription Agreement; (b) secure the service; (c) protect our, your or others’ rights, privacy, safety or property; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
2.6 Cloud Functionality
The data utilized for the functionality of the cloud is stored in separate instances on Amazon Web Service (AWS) servers, cf. section 5. These instances are requested any time a given action is taken, such as change settings, user login, grouping, etc. This data is backed up daily and the backup is kept for seven days. This allows us to restore functionality and recover data.
2.7 Enhanced Service and Business Tracking
We utilize the third-party system Segment to collect data on product usage and events happening within our cloud solution, cf. section 5. These data are collected with the purpose of enhancing our customers’ user experience, developing our platform in accordance with implicit requests, and for the purposes of business goal tracking.

3. S​ECURITY

To protect your personal data, Airtame takes reasonable precautions and follows industry best practices
to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
To protect file data in transit between an instance and Airtame’s front-end platform, an encrypted connection is negotiated to ensure secure delivery. These connections are encrypted using Transport Layer Security (TLS) to create a secure tunnel protected by 128-bit or higher Advanced Encryption Standard (AES) encryption.

4. D​ATA​ ​SUBJECT​ ​RIGHT​ ​OF​ ​ACCESS

We have outlined the data subject rights that apply to the data subjects below. If you at any time would like to exercise any of the below-outlined rights or have questions regarding them please contact us at data@airtame.com.
● Right of access
The controller shall take appropriate measures to provide any information relating to processing of the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child.
● Right to erasure and to be forgotten
The data subject shall have the right to obtain from the controller the erasure of personal data concerning them without undue delay, unless otherwise required by law.
● Right to rectification
The data subject has the right to have inaccurate personal data rectified. An individual may also be able to have incomplete personal data completed – although this will depend on the purposes for the processing. This may involve providing a supplementary statement to the incomplete data.
● Right to data portability
The data subject has the right to receive personal data they have provided to a controller in a structured, commonly used and machine readable format. It also gives them the right to request that a controller transmit this data directly to another controller.
● Right to restrict processing
The data subject has a right to restrict the processing of any personal data stored by Airtame. In most cases, this cannot be an indefinite restriction, only for a period of time.
● Disclaimer
All of these rights include more detailed stipulations, which need to be assessed before complying with any requests based on the above-mentioned rights. Additionally, we reserve the right to exercise reasonable measures to verify the identity of any data subject putting forward requests based on the above rights. This is to ensure the security of our existing data subjects and to minimize the risk of fraudulent behaviors.

5. E​XTERNAL​ D​ATA​ P​ROCESSORS

Airtame is using the following data processors regarding the Master Subscription Agreement:
5.1 Amazon
Using AWS unlocks the control and confidence needed to securely run a business with the most flexible and secure cloud computing environment available today. As an AWS customer, we benefit from AWS data centers and a network architecture to protect your information, identities, applications, and devices. With AWS, we ensure our ability to meet core security and compliance requirements, such as data locality, protection, and confidentiality with AWS’s comprehensive services and features.
5.1.1 Links and files
https://aws.amazon.com/security/
https://aws.amazon.com/rds/features/security/ https://d1.awsstatic.com/whitepapers/compliance/GDPR_Compliance_on_AWS.pdf
5.2 Segment
In alignment with Segment’s commitment to the privacy and protection of customer and corporate data, we have developed a comprehensive Information Security and Privacy Program (ISPP). The Segment ISPP is structured in alignment with ISO 27001 and 27018 guidance and is continually enhanced to align with new and evolving regulatory requirements such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
5.2.1 Links and Files
https://segment.com/security/
https://segment.com/security/how-we-approach-security/
Security_Essentials_Overview.pdf
https://www.privacyshield.gov/welcome

6. A​GE​ ​OF​ ​CONSENT

By creating an Airtame Cloud account and agreeing upon the Master Subscription Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

7. C​HANGES

Airtame reserves the right to modify this data processing addendum. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it, and in some cases, we may ask for a renewed consent.