Privacy Policy
Date last modified: May 1, 2022
Introduction
Airtame respects your privacy and is committed to protecting it. This notice explains how Airtame processes the Personal Data of customers and other individuals.
We will never sell your personal information to any third party.
We build a range of hardware and services that help people daily to explore and interact with each other through technology. Our services and products include:
- Airtame, Airtame 2, Airtame Hub
- Airtame Cloud Plus, Airtame Cloud Lite
This policy covers the use of and interaction with the Airtame Aps and Airtame Inc (“Airtame”, “us”, “we”, or “our”) website (“Site”) hosted on Airtame, and other properties under this domain. This document informs you of our policies regarding the collection, use and disclosure of Personal Data when you use the Site and the choices you have associated with such data.
This policy applies specifically where we are acting as a Data Controller with respect to Personal Data. For policies related to products offered by Airtame and where we act as Data Processor, please refer to the relevant terms, conditions, and agreements found here.
Section 1 – What data do we collect and why?
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 to provide you with the essential functionality of our service and improve such. Additionally, we use your online behavior in profiling activities to provide you with the most relevant and best content and services possible.
Purchase
When you purchase something from our store, we collect personal information, such as but not limited to your name, address, telephone number, and email address, as part of the buying and selling process and online identifiers, such as the internet protocol (IP) browser, and operating system.
We collect the above-mentioned data points to provide you with the essential functionality of our third-party e-commerce platform. Additionally, we use your purchasing history in automated decision-making activities to provide you with the most relevant and best content and services possible.
Contacting us through our website
When submitting a form on our website, we collect the personal information defined in the submission form, such as but not limited to 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 to provide you with the essential functionality of our service and improve such. Additionally, we use your online behavior in profiling activities 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 use it in the ways described in our Terms of Service.
Internal analytics, product health, and improvement
We collect online identifiers, such as the internet protocol (IP), browser, and operating system when using our devices.
We collect the above-mentioned data points to provide you with the essential functionality of our service and improve such.
Email marketing
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.
Web and App Activity
When you use our services, you’re trusting us with your information. We understand this is a big responsibility and work hard to protect your information and put you in control.
When you interact with us through our services and products, we may collect Personal Data and other information such as but not limited to your IP address, website behavior, and product usage to provide you with the essential functionality of our service and improve such. Additionally, we use your online behavior in profiling activities to provide you with the most relevant and best content and services possible.
Section 2 – Consent
We’ll ask for your consent before using your information for a purpose that isn’t covered in this Privacy Policy.
How we get your consent
Website – If you choose to use the website, you indicate your consent to our use of cookies and 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. We may limit or deny the use of these technologies if you do not provide your consent. 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.
Communications – Any submission of email with us constitutes that you expressly agree to receive promotional content from Airtame, news about Airtame, our product and its development, as well as relevant tips and insights by mail or email, from time to time. You are also be given an option to update your communication preferences and to opt out of receiving emails.
How you can withdraw your 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 any time, by contacting us at hello@airtame.com. To stop receiving our email communications, just use the Unsubscribe button at the bottom of an Airtame email you have received. 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 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 the data subject in a concise, transparent, intelligible, and easily accessible form, using clear and plain language, particularly for any information addressed specifically to a child.
Right to erasure and to be forgotten
The data subject shall have the right to obtain the erasure of personal data from the controller 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 preliminary, 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. However, in most cases, this cannot be an indefinite restriction, only for a period of time.
Disclaimer
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. More information on the stipulations mentioned above 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 an online e-commerce platform to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. In addition, they keep your information on a secure server behind a firewall.
Payment
If you choose a direct payment gateway to complete your purchase, 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 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 our store and its service providers’ secure handling of credit card information. 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 to understand how these providers will handle your personal information. In particular, remember that certain providers may be located in or have facilities in 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. For example, if you are located in Canada, and your transaction is processed by a payment gateway located in the United States, 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 webshop or website, 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 – 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 8 – Changes to this privacy policy
We change this Privacy Policy from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We always indicate the date the last changes were published. If changes are significant, we’ll provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).
Master Subscription Agreement
MASTER SUBSCRIPTION AGREEMENT
Date last modified: April 21, 2022
This Master Subscription Agreement contains the terms and conditions applicable for the online Services provided by Airtame ApS or Airtame Inc (Airtame) unless otherwise agreed in the Order Form. In the event of any conflict between the Order Form and this Master Subscription Agreement this agreement shall prevail.
If the Customer registers for a Free Trial of a Service, the applicable provisions of this Master Subscription Agreement will also govern such Free Trial.
1. DEFINITIONS
1.1 “Data Processing Addendum B” means the Airtame Data Processing Addendum B attached as Addendum B to this Master Subscription Agreement
1.2 “Device” means a supported Airtame device
1.3 “Free Trial” means a limited 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
1.4 “Order Form” means an analog or digital agreement (e.g. online purchase order on Airtame’s website) between the Customer and Airtame containing the Customers name etc., start date, Subscription Fees and Period, Service Packages included in the subscription, number of seats/licensers/Devices etc.
1.5 “Reseller” means a company which, in accordance with an agreement with Airtame, has the right to sell a Device and the related Service Packages for the first Subscription Period.
1.6 “Service” means the software and functionality made available online by Airtame as a “Software-as-a-Service” product covered by the subscription
1.7 “Service Package” means different software and functionality bundled in specific packages made available as a Service
1.8 “Subscription Fee” means the fee for a Subscription Period
1.9 “Subscription Period” means the period for which the Customer is granted a right to use the Service, starting at the commencement/start date stated in the Order Form, and if not stated then per default the date of the order confirmation. If no commencement date has been agreed upon, the start date shall be the time at which devices are registered in the cloud platform.
2. SUBSCRIPTION THROUGH A RESELLER
2.1 If the Customer acquires the subscription through a Reseller will (i) this Master Subscription Agreement constitutes the entire contractual relationship between the Customer and Airtame regarding the Service and Customers right to use the Service and the obligations of Airtame as set forth herein; and (ii) the terms and conditions of any purchase order or any other agreement between the Customer and the Reseller are not binding to Airtame. Furthermore, (iii) the Reseller 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 Service. The Customer further acknowledges (iv) that Airtame makes no representation or warranty, nor incurs an obligation in relation to any services or other products provided by any Reseller, or any actions or failure to act by any Reseller.
2.2 The Customer accepts that any renewal of a Subscription according to clause 6.2.2 will be made directly with Airtame.
3. SUBSCRIPTION SERVICE
3.1 The Customer is granted a non-transferable and non-exclusive right to use the Service for a limited period of time (the Subscription Period) subject to the provisions of this Master Subscription Agreement and on an “as is” basis, as the functionality and type of service made available is the standard services not customized to a specific customer.
3.2 The user-right is limited to the chosen Service Package and the number of active seats/Devices stated in the Order Form. If the number of active seats/Devices are not stated in the Order Form the user-right is limited to 1 seat/Device.
3.3 Some Service Packages are mandatory bundled with specific Devices and consist of more underlying Service Packages.
3.4 The use-right is granted to the Customer as the legal entity stated in the Order Form and the Customer is not entitled to sublicense the right to use the Service. Except for the express user-right granted, no other rights or license, express or implied, is granted by Airtame to the Customer.
3.5 The Service is only delivered online as a Software-as-a-Service operated by Airtame and requires access to the internet and can be accessed through a web browser supported by desktops and laptops and to some extent mobile devices. In order to use the Service, running the latest version of a common, generally acknowledged, web-browser is required, i.e. Microsoft Edge, Firefox, Chrome or Safari. Web-browsers not listed are not supported.
3.6 The Customer may be provided with an interface for the Service. Such an interface may be updated on a continuous basis. Updates will neither reduce or interfere with the quality of the Service nor the contractual obligations between the Customer and Airtame.
3.7 The Service is delivered with a user interface (UI) in the English language. Airtame provides no guarantee, warranty nor support for other languages than English.
3.8 Airtame is not obligated to provide or procure any specific updates to the Service, except such updates necessary to keep the Service available for Customers and in an operational state. This entails, inter alia, that Airtame is not obligated to update the functionality of the Service to cater to the Customer’s special needs or requirements, regardless of the Customer’s needs or requirements being a result of changes to national or international regulations or common practice.
3.9 Airtame can offer new Services or Service Packages, add-ons, modules etc. against separate payment. Unless otherwise specific stated these Terms will also apply for such future new Services, Service Packages, add-ons, modules etc.
4. RESTRICTED USE AND ACTIVITIES
4.1 The Customer is entitled to ordinary usage of the Service for its intended purpose, and the Customer shall not try to copy, modify, reverse engineer, decompile, hack or disassemble the Service or try to circumvent restrictions or limitations in the Service, except and only to the extent that such activity is expressly permitted by applicable mandatory law.
4.2 The Customer is obliged and responsible for that the use of the Service 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 libelous;
– 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.
4.3 The use of the Service does not impact on the rights to and/or restrictions applicable to the content provided or uploaded by the Customer. 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. Airtame is not granted any rights or obligations towards any content shared by the Customer and is not under any circumstances liable for any losses, damages, costs or expenses incurred by the Customer or third parties arising out of or in connection with the Customer or users’ use of any content provided by the Customer through the Service.
4.4 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 authorized by the Customer 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 Service and Airtame’s website or in respect of the network;
– not use Airtame’s website and/or the Service 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 reasonable instructions and policies at any and all times in respect of Airtame’s website and the use of the Service;
– 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 Service and on Airtame’s website at its own risk.
4.5 In the event that Airtame in its discretionary opinion deems that the Customer’s use of the Service is illegal or non-compliant with applicable rules and regulations entailing a legal risk for Airtame being investigated by public authorities, the Service being closed or restricted or Airtame deemed liable for the Customers use of the Service, Airtame shall be entitled to terminate this Master Subscription Agreement and Customer’s access to the Service without the Customer being entitled to any compensation whatsoever. To a reasonable extent and if possible Airtame will try to warn the Customer prior to termination giving the Customer a chance of remedying such problematic activities. The Customer shall without limitation indemnify Airtame for any costs, losses and damages resulting from the above-mentioned activities.
5. SERVICE LEVEL AND REMEDYING DEFECTS
5.1 The service levels are specified in the “Addendum A: Service Level Agreement” (SLA). The SLA must be complied with during the Subscription Period unless otherwise stated in the SLA.
5.2 Airtame will use reasonable endeavors to provide the service levels as stated in the SLA, and to remedy any material defects, malfunctions or lack of performance of the Service without undue delay based on the criticality and the circumstances causing the situation. Taking the Subscription Fees into consideration Airtame is however not offering any payment of penalties, service credits or other kinds of compensation for not observing the service levels as stated in the SLA.
6. PAYMENT AND RENEWAL
6.1 Purchase of the subscription from a Reseller.
Customers purchasing the subscription (first Subscription Period) from a Reseller, acknowledge that payment and delivery terms for the subscription must be established separately and independently between the Customer and the Reseller, see also clause 2 above in respect to purchases from a Reseller.
6.2 Purchase of the subscription from Airtame
6.2.1 Subscription Fee.
Customers will be charged the Subscription Fee for the first Subscription Period at the time of entering into the Order Form. Upon renewal, the subscription fee for the forthcoming year shall take into account devices activated automatically upon registration in the cloud platform, and thus applying a credit (prepaid amount) to the renewal invoices matching the period of unused service, if any.
6.2.2 Prices & Payment.
All prices stated by Airtame do not include any shipment costs, VAT, levies, duties or other taxes, and the Customer is responsible for paying such costs associated with the purchase. If the payment is not performed online by credit card when placing the order but instead invoiced by Airtame, Airtame may suspend access to the Service until full payment has been received. Payment terms are net cash + 14 days from the invoice date, and the Customer cannot set off or deduct any amounts in the invoiced amounts.
6.2.3 Automatic renewal
Renewal of subscriptions will always take place between the Customer and Airtame even if the subscription for the first Subscription Period originally was purchased through a Reseller.
Either party may cancel the automatic renewal by terminating the subscription in accordance with clause 10.
Automatic renewal (contract). Unless otherwise agreed in the Order Form, all subscriptions 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 original Subscription Period stated in the Order Form.
Automatic renewal (credit card payment). Unless otherwise agreed, all subscriptions signed will automatically be renewed (without the need to go through the services-interface “check-out”) for additional periods equal to the Subscription Period depending on Customers selected billing period.
6.3 Refund and cancellation
If the Customer terminates this Master Subscription Agreement in accordance with clause 10, already paid Subscription Fees will not be refunded and already due Subscription Fees must be paid except for the first 30 days in accordance with the return policy in the general terms and conditions.
Ongoing subscriptions cannot be canceled and the Customer may only terminate this Master Subscription Agreement in accordance with clause 10 and by this way stopping future renewal.
6.4 Late Payment
Due date will be stated on the invoice.
If any invoiced amount is not received by the due date, then without limiting Airtame’s rights or remedies, those charges may accrue late interest at the rate of 2% of the outstanding balance per month, and Airtame may, without limiting Airtame’s other rights and remedies without further notice suspend Customers access to the Service until all such due amounts are paid in full.
7. CHANGE OF FUNCTIONALITY, SERVICE AND FEES
7.1 Airtame reserves the right, in its sole discretion to alter, introduce or delete any functionality contained in the Services and the different Service Packages at any time. In the event such changes materially reduce a core function Service, then Customer may terminate this Master Subscription Agreement with effect from the expiry of the following month, but any objection or termination under this clause may only be raised within thirty (30) days of receiving notice of such change. The Customer is based on such termination entitled to a proportional reimbursement of already paid Subscription Fees for the rest of the current Subscription Period.
7.2 Airtame may increase the then current Subscription Fee once a year with the effect of 1st of January according to the development in the US Producer Price Index (PPI). Furthermore, Airtame may increase the then current Subscription Fee at the start of each new renewal period by giving not less than 90 days’ prior written notice to the Customer, giving the Customer the possibility to terminate this Master Subscription Agreement if such increase cannot be accepted by the Customer.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 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 Service and underlying software and any copies thereof and any and all other rights to the Service and related documentation, except for third party components of software to which Airtame’s suppliers hold all rights. Any non-compliance with Airtame or its suppliers’ rights, including careless use of the Service which might render copying of the Service or underlying software possible for third parties, shall be deemed in breach of this Master Subscription Agreement.
8.2 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.
8.3 Airtame will defend Customer against any claim, demand, suit or proceeding made or brought against Customer by a third party alleging that the use of a Service in accordance with this Master Subscription Agreement and applicable Order Forms infringes or misappropriates such third party’s valid United States, United Kingdom or EU/EEA Member State copyright, trademark or patent (a “Claim Against Customer”), and will indemnify Customer from any damages, attorney fees and costs finally awarded against Customer as a result of, or for amounts paid by Customer under a settlement of, a Claim Against Customer, provided Customer (i) promptly gives Airtame written notice of the Claim Against Customer, (ii) gives Airtame sole control of the defense and settlement of the Claim Against Customer (except that Airtame may not settle any Claim Against Customer unless it unconditionally releases Customer of all liability), and (iii) give Airtame all reasonable assistance, at Airtame’s expense. If Airtame receives information about an infringement or misappropriation claim related to the Service, Airtame may in Airtame’s discretion and at no cost to Customer (i) modify the Service so that it no longer infringes or misappropriates such third party rights, (ii) obtain a license for Customer’s continued use of that Service in accordance with this Master Subscription Agreement, or (iii) terminate Customer’s obligations for that Service upon 30 days’ written notice and refund Customer any prepaid fees covering the remainder of the Subscription Period of the terminated subscriptions. The above defense and indemnification obligations do not apply to the extent a Claim Against Customer arises from a) Customer content b) use of Services with Non-Airtame devices and/or software or any other third party product or service not embedded into the Services; c) Customer’s breach of this Master Subscription Agreement or any Order Forms; or d) claims arising from the subsequent modification of the Services or devices by any party other than Airtame or its authorized contractors acting on its behalf. The foregoing remedies constitute the Customer’s sole and exclusive remedies and Airtame’s sole liability with respect to any third party infringement claim.
9. WARRANTIES
9.1 Airtame warrants that:
a) Airtame has the right to grant the Customer user-rights and access to the Service as set out in this Master Subscription Agreement; and
b) the Service and Service Packages substantially includes the functionality set out on Airtame’s website https://airtame.com/airtame-cloud/pricing and materially will perform in accordance with the descriptions of the Services, Services Packages and the SLA.
For any breach of warranty the Customers sole and exclusive remedy shall be to, within a commercially reasonable time, remedy or replacement of the defective or bad performing part of the Services.
9.2 The warranties set out in clause 9.1, shall not apply in the event that:
a) the Customer does not implement such updates as described in clause 3 or firmware updates made available for a Device or does not use a newer version or updated version of approved internet-browsers;
b) the Service, 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 Service, or any part thereof, is altered, modified or converted by any party other than Airtame;
d) an error in any other non Airtame supported software or device used with the Service which causes as a result the Service or a part thereof to not function properly; or
e) a malfunction in the Customer’s equipment results in the Service or any part thereof not functioning.
9.3 Disclaimer of warranties
9.3.1 Airtame does not warrant that the Service is compatible with all Devices and in case of lack of compatibility between the Device and a Service, 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 the Service.
9.3.2 AIRTAME DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT AIRTAME WILL CORRECT ALL SERVICE ERRORS. CUSTOMER ACKNOWLEDGES THAT AIRTAME DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. AIRTAME IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR PROVISION OF THE SERVICES IN ACCORDANCE WITH CUSTOMER INSTRUCTIONS AND THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY. TO THE EXTENT NOT PROHIBITED BY LAW, THE WARRANTIES AND ANY WARRANTIES IDENTIFIED AS AN EXPRESS WARRANTY IN THIS MASTER SUBSCRIPTION AGREEMENT ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY BREACH OF WARRANTY MUST BE REPORTED TO AIRTAME WITHIN ONE YEAR AFTER THE INITIAL PROVISION OF THE SERVICE.
10. TERMS AND TERMINATION
10.1 This Master Subscription Agreement shall commence as of the date stated in the Order Form, or upon registering devices in the cloud platform, and it will continue in effect and be automatically renewed, cf. clause 6.2.2, until terminated.
10.2 This Master Subscription Agreement and the subscriptions may be terminated before automatic renewal upon written notice to the other party at least ninety (90) 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 EAN number and Service-ID. Automatic renewal with automatic credit card payment. Under clause 6.2.2. may by the Customer be canceled 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.
10.3 Some Service Packages are bundled and cannot be terminated separately, and the Customer should be aware that after terminating the Master Subscription Agreement or a Service Package, the Customer will not have access to the Service and the functionality and usability of other Services and Devices will be reduced.
10.4 The Customer may re-enter into a subscription by entering into a new Order Form at the then current prices and terms.
11. BREACH AND REMEDIES FOR BREACH
11.1 Airtame may terminate this Master Subscription Agreement and thus the subscription and access to the Service upon fourteen (14) days written notice to the Customer if the Customer is in material breach of any of its obligations under or in relation to this Master Subscription Agreement.
11.2 The Customer may terminate this Master Subscription Agreement and thus the subscription forthwith by written notice to Airtame if Airtame is in material breach of any of its obligations under or in relation to this Master Subscription Agreement which has not been rectified within sixty (60) days of written notice of such breach being given to Airtame.
11.3 Where termination is due to material breach of the Master Subscription Agreement by the Customer the Customer shall immediately discontinue all use of the Service and terminate any integration with the Service.
11.4 Where termination is due to material breach of the Master Subscription Agreement by Airtime the Customer shall immediately discontinue all use of the Service and terminate any integration with the Service, and it entitled to a proportional reimbursement of already paid Subscription Fees for the rest of the current Subscription Period and the Customer is entitled damages and indemnification from Airtame in accordance with the limitations set out in this Master Subscription Agreement, see clause 12.
11.5 Material breach of this Master Subscription Agreement shall include, but not be limited to, (i) the Customer neglecting to pay any sums owed and due under this Master Subscription Agreement, or (ii) the Customer using or permitting any use of the Service that is contrary to the provisions of this Master Subscription Agreement.
11.6 The Customer is solely responsible and liable for all such Customer’s activities on the Service and the use of the Service. 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.
11.7 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.
11.8 The Customer warrants and represents that it owns, is authorized or otherwise has a right to use any and all intellectual property rights in relation to any content that has been submitted to the Service. The Customer agrees to indemnify and hold 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.
12. LIABILITY AND LIMITATION OF LIABILITY
12.1 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.
12.2 The Customer is solely responsible and liable for all such Customer’s activities on the Service and the use of the Service. 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.
12.3 IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR (i) ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY OR (ii) FOR ERROR OR INTERRUPTION OF USE, INACCURACY OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY, OR LOSS OF BUSINESS OR DATA, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIRTAME MAKES NO WARRANTY AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF A PARTY, INCLUDING WITHOUT LIMITATION CUSTOMER OR ITS AFFILIATES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED “AS-IS” WITH NO WARRANTIES WHATSOEVER AND AIRTAME SHALL NOT BE LIABLE FOR CUSTOMERS USE OF MATERIALS FURNISHED THROUGH THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT FOR ANY CLAIM ARISING FROM CUSTOMER’S INDEMNITY OBLIGATIONS, NEITHER PARTY’S AGGREGATE TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS MASTER SUBSCRIPTION AGREEMENT AND THE USE OF THE SERVICE WILL EXCEED THE SUBSCRIPTION FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE FIRST INCIDENT GIVING RISE TO THE CLAIM. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION X. WITH RESPECT TO EITHER PARTY’S OBLIGATIONS WITH RESPECT TO INDEMNITY, OR ACTS OF GROSS NEGLIGENCE OR WILFUL INTENT, FRAUD.
13. FORCE MAJEURE
13.1 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, epidemics, any measure taken by public authority, strike, lockout including strike among 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 outage of third party power and communication lines, 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.
13.2 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.
14. FAIR USE
14.1 Airtame reserves the right to close access to the subscription that violates the applicable terms and conditions, if there is reason to believe that the service is being over-used or misused. By over-consumption it means that conferencing usage per device exceeds 30.000 minutes per quarter.
15. ASSIGNMENT AND TRANSFER
15.1 The Customer may not assign or otherwise transfer this Master Subscription Agreement or any of its rights and obligations hereunder without the prior written consent of Airtame.
15.2Airtame may transfer and assign this Master Subscription Agreement and or the right to receive payments due under this Master Subscription Agreement to a third party by informing the Customer.
16. SECURITY, PRIVACY AND DATA PROTECTION
16.1 To protect the Customer’s data, Airtame takes reasonable precautions and follows industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. The most up-to-date version of Airtame’s posture on security, privacy and compliance will be available under Airtame’s Security website. https://airtame.com/legal/
16.2 Airtame collects and processes personal data in accordance with the enclosed “Addendum B: Data Processing” and is for some of Customers data used in the Service considered a Data Processor under the GDPR.
17. PUBLICITY
17.1 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.
18. EXPORT RESTRICTIONS AND COMPLIANCE
18.1 The Service and other technology Airtame makes available, and derivatives thereof may be subject to export laws and regulations of the United States, EU and other jurisdictions. Each party represents that it is not named on any U.S. government or EU denied-party list. Customers shall not permit its users to access or use any part of the Service in a U.S. or EU embargoed country (currently Cuba, Iran, North Korea, Russia, Sudan or Syria) or in violation of any U.S. or EU export law or regulation.
19. APPLICABLE LAW AND VENUE
19.1 This Master Subscription Agreement and any dispute or claim arising out of or in relation hereto and the use/performance of the Service shall be governed by and construed in accordance with Danish law without regard to its principles on choice of law. Notwithstanding the above if the Customer is domiciled in the United States the governing law shall instead be State of [New York].
19.2 All disputes arising between Customer and Airtame that are connected to this Master Subscription Agreement and/or the use of the Service, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules. Arbitration will be binding and will take place in Copenhagen. The arbitration will be conducted in the English language. Notwithstanding the above if the Customer is domiciled and the Device is shipped to an address in the United States the arbitration will take place in [New York] instead of Copenhagen.
March 2022
Airtame ApS
CVR no. 35478973
Danneskiold-Samsøes Allé 24, 1. tv
1434 Copenhagen K
Denmark
Airtame Inc
47-2270295
PENN 1, 3rd Floor, Ste 320
250 West 34th St
New York, NY 10119
United States
Terms and Conditions
Date last modified: April, 2022
These Terms and Conditions (Terms) set forth the terms, upon which Airtame ApS or Airtame Inc (“Airtame”) sells the hardware products of Airtame (“Devices”) and governs Customers and users access to and use of Airtame’s website, applications, and services (collectively the “Services”). “Content” means any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services.
The seller of Devises and provider of Services is Airtame ApS, unless the Customer is situated in the United States and the purchased Devices are shipped to an US-address in which case the seller and provider is Airtame Inc. For Airtame contact information see bottom of the Terms or www.airtame.com.
Customer’s use of any software, including embedded software and the desktop, mobile and cloud application, provided by Airtame, and any accompanying services provided by Airtame, is subject to these Terms.
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.
Airtames Privacy Policy and Cookie Policy for visiting Airtimes website are incorporated by reference into this Agreement, and the latest version is always available at www.airtame.com/legal.
By purchasing the Devices and accessing and using the Services, including downloading any of Airtame’s applications, you as a Customer agree to be bound by these Terms. If you do not agree to be bound by these Terms, including the Privacy Policy, you cannot use the Devices or Services.
1. MANDATORY SERVICES
Some Devices cannot be purchased without the Customer also entering into specific mandatory subscriptions for certain Services or package of Services called “Subscription Services” (made available as a “Software-as-a-Service”), and the Airtame Master Subscription Agreement (available at www.airtame.com/legal) will apply for such Subscription Services. Mandatory subscriptions for certain Services etc. are stated on the product page for the specific Device and when purchasing the Device.
2. PURCHASE OF AIRTAME DEVICE
Airtame is not accepting orders from private consumers (B2C) and a VAT or similar business-ID number is required for purchasing Devices from Airtame. By purchasing Devices you declare and represent that you represent a professional customer and you have full legal capacity to complete such contractual action without need for any additional approvals or consents.
2.1 Orders
Placing an online order. Customers can purchase Devices by performing a prepayment on Airtame’s website from the USA, Canada, Australia, Europe (non-EU countries), EU-countries and a number of other countries listed in the drop-down list of the order page. Airtame has all the necessary certificates for distributing and selling the Devices in the listed countries. If your country is not on the list please send an e-mail to sales@airtame.com.
By performing the online order, the Customer agrees to be charged for the order on confirmation.
Customer onboarding communications. By placing an order you agree to receive communications from Airtame by email with regards to the successful delivery and payment of the order, reminders, implementation and proper use of the Devices and future invoices for Subscription Services.
2.2 Prices & Payment
All prices stated by Airtame do not include any shipment costs, VAT, levies, duties or other taxes, and the Customer is responsible for paying such costs associated with the purchase. If the payment is not performed online by credit card when placing the order but instead invoiced by Airtame, full title and ownership to the purchased Devices shall rest with Airtame until full payment has been received. Payment terms are net cash + 14 days from the invoice date, and the Customer cannot set off or deduct any amounts in the invoiced amounts.
2.3 Delivery
As soon as the order is placed Airtame will initiate the purchased Devices to be shipped. The delivery timing, as shown on the Order confirmation, are purely indicative and shall be deemed as non-essential for the purpose of this Agreement. Any delay and/or interruption in delivery attributable to causes beyond the reasonable control of Airtame, will not give rise to any right of the Customer to cancel the Order, nor to obtain any direct and/or indirect indemnity, damages or compensation of costs.
2.4 Special for pre-orders
Pre-order reservation. From time to time some Devices including possible Subscription Services will be available for pre-order. When placing a pre-order, the Customer will be required to provide certain information, such as address and billing information. The Customer represents and warrants that all such information is accurate, and shall ensure that such information is kept current. Airtame shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to control or determine the correct contact or shipping information. The Customer can update the information at any time prior to the pre-ordered Devices being shipped by sending an e-mail to sales@airtame.com.
Price.
The purchase price (“Price”) does not include taxes and other government charges, which are the Customer’s responsibility. If the Price drops after placing a pre-order, Airtame will refund the Customer the difference. If the Price goes up, the Customer’s pre-order is secure at the low Price. The pre-order Price is valid from the moment the pre-order is placed right up to 10 days after the Device has been shipped. To claim a refund for the difference, email us at sales@airtame.com.
Payment.
Customers will be charged the full price of the Device including any mandatory Subscription Services (initial subscription period) at the time of placing the pre-order. The initial subscription period will however not commence before the pre-ordered Device is activated.
Priority.
Airtame will ship Devices according to the order in which the pre-order is received. If the Customer cancels or forfeit a pre-order in accordance with the terms of this Agreement, this Customers position will be taken by the next Customer on the Device pre-order list.
Delivery schedule.
Although Airtame will make efforts to begin delivering Devices as soon as reasonably possible, the Customer understands and agrees that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Airtame does not represent or warrant that it will be able to ship the Device by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Airtame is not responsible for any damages or loss that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. Airtame will provide the Customers with periodic updates with respect to such delivery schedules. If for any reason the Customer decides that the Customer does not wish to continue to wait for pre-ordered Devices the Customer may cancel the pre-order reservation as provided below.
Cancellation of pre-orders.
The Customer or Airtame may cancel this reservation by terminating the pre-order at any time for any or no reason prior to the notice to Customer that the Device is ready for delivery. If the Customer cancels prior to the notice of delivery, the Customer will obtain a refund of the purchase Price without interest with deduction of a processing fee if stated when placing the pre-order. If Airtame cancels reservation the Customer will receive a full refund of the purchase Price without interest (and no processing fee will be deducted). No other compensation of any kind is paid.
Return policy.
Airtame has a 30-day return policy starting on the date your Airtame is delivered to you. To get instructions on how to process your refund, please reach out to hello@airtame.com. 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. You can only receive a refund, if the device is in its original condition.
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 is missing from the return, no refund will be given.
3. OEM LICENSE TO APPLICATIONS FROM AIRTAME
3.1The Customer is granted a terminable, non-transferable and non-exclusive license only to download and use applications made available by Airtame on Airtame’s website or app-stores operated by third parties. The license and applications are available for Customers on an “as is” basis and without any kind of warranties, as the functionality is standard for all customers and not customized to a specific customer.
3.2The license is restricted and can only be used together with the purchased Devices in Customers possession.
4. WARRANTY DISCLAIMER
4.1Except as expressly provided herein and where prohibited by law, the Device and the Services are provided “as-is” and “as available” and Airtame 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.
4.2Airtame makes no warranty that the Services (i) will meet the Customers 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 defective code or complete. Airtame further makes no warranties or representations regarding the accuracy or completeness of the Content on any sites linked to the Website.
5. REPLACEMENT OF FAULTY DEVICES
5.1Customers should properly examine Devices immediately upon delivery and Devices (or items accompanying Devices) will only be replaced if they are defective or damaged by the time of delivery and Airtame has received the Customers complaint within the warranty period as stated below. The Customer shall report the issue within 30 days after the defect has been discovered to hello@airtame.com.
5.2The default warranty period is 1 (one) year from delivery for customers based in the US and 2 (two) years for other customers . The Customer can get a faulty device replaced within the given period after the purchase from Airtame or from an authorized reseller. If the Customer has purchased an additional longer warranty period for a Device such longer warranty will apply for the specific Device covered by the longer warranty.
5.3If you have bought Airtame from a non- authorized reseller, the seller’s remaining warranty is transferred to you along with the seller’s proof of purchase.
5.4Airtame does not accept any returns without the Customer first contacting Airtame regarding the return, having received support from the Customer Success Team, and having received the guidelines for the return. The Customer should reach out to hello@airtame.com describing the issue the Customer is experiencing for possible clarification and initial assessment whether the issue may be covered by the warranty. The Customer Experience Team will also be able to identify if the Customer’s issue can be solved over email, chat, or, in some cases, phone.
5.5The Customer is responsible for the return shipping of the defective Airtame device, including the correct packaging. By contacting Airtame regarding the return, Airtame will issue a RMA number and may offer the Customer a pre-paid return label covering the return shipment or require the Customer to pay for the return shipment and Airtame will then refund the Customers reasonable shipping costs (not e.g. express, registered or cash on delivery) against receiving a copy of the shipping bill.
5.6Airtame will not issue a replacement for any Device purchased within countries that Airtame currently does not have certifications to ship to. If the Device originally was purchased using a forwarding address for shipping, the Customer will need to use a forwarder again to receive the replacement Device.
6. SERVICES
6.1Services. Airtame Services consist of (i) the connection to a screen via the HDMI® port of the TV, projector, monitor, (ii) the application that facilitates the monitoring and analysis of the information collected by the Device and whereas limited use of Airtame Services do not require internet, full use of the Services requires Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors.
6.2Right to use Services. Airtame hereby grants the Customer a permission to use the Services solely as set forth in these Terms and in the manner set forth on the Website and in guidelines and manuals. Any use of the Services other than as set forth in these Terms or in violation of any term of these Terms will result in suspension or revocation of the Customer’s license and use privileges in Airtame’s sole discretion.
6.3Airtame is committed to use reasonable endeavors to ensure that the Services are useful and perform as described. For that reason, Airtame reserves the right to make changes to the Services or in the future to charge for its services, at any time and for any reason.
6.4Right to terminate or suspend use of Services. Airtame reserves the right to suspend or terminate the account of any Customer or user at any time for failure, or perceived failure, to comply with these Terms.
7. INTELLECTUAL PROPERTY RIGHTS
7.1All Rights Reserved. Airtame retains title to and ownership of all rights (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Devices and the Services, and the Content. The Customer acquires no rights whatsoever to all or any part of the Services or Content except for the limited use rights and license granted by these Terms. All rights not expressly granted to the Customer are reserved to Airtame.
7.2Do Not Reproduce. The Customer agrees to not engage in the use, copying, or distribution of any part of the Services or Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the application for any purpose. The Customer agrees not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any part of the Services or Content or enforce limitations on use of the Services or any of the Content therein.
7.3Publicity. Unless otherwise stated in special terms, 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 the Airtame Sites, blog and/or in marketing materials, including case studies and as press references, to identify the Customer as a customer of Airtame.
8. PROHIBITED USE
8.1The Customer is expressly prohibited from using the Services in any of the following ways or for any of the following purposes:
- Illegal Purpose. The Customer shall not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in Customers country or otherwise applicable to the Customer.
- Tampering. The Customer shall not use the Devices or Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. The Customer will not upload or transmit viruses, worms or any other destructive code. The restriction in this clause applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services, access to the Service or any Content.
8.2Permission Required. The Customer may not, without Airtame’s prior written permission (A) copy, distribute, modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit any part of the Services; (B) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; (C) make derivative works of the Services; or (D) modify another website so as to falsely imply that it is associated with the Services, Airtame or any other Airtame products or services.
9. LIMITATION OF LIABILITY
9.1In no event shall Airtame, its officers, directors, employees, or agents, be liable to Customers or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either these terms, or use of the devices, services or Content. Airtame’s total and aggregate liability to customers for any damages arising from or related to these agreements and the use of Devices and/or Service, will at all times be limited to the amount the customer has paid to Airtame in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9.2Airtame does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Airtame will not be a party to or in any way be responsible for monitoring any transaction between the Customer and third-party providers of products or services.
9.3Airtame makes no representations or guarantees that the Services EW appropriate or available for use in all locations. Those who access or use the Services or Website from jurisdictions prohibiting such use, do so solely at their own risk and are solely responsible for compliance with local law.
10. INDEMNITY
10.1 Customer’s indemnification
The Customer agrees 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 or costs (including but not limited to attorney’s fees) arising from: (a) the Customers use of and access to the Devices, the Services and the Content; (b) the Customers violation of these Terms; (c) The Customers violation of any third party right, including without limitation any copyright, property, or privacy right in relation to using the Device and Services; or (d) any claim that the Customers use of the Device or Services caused damage to a third party.
10.2 Airtame’s indemnification
Airtame will defend Customer against any claim, demand, suit or proceeding made or brought against Customer by a third party alleging that the Device, Service or Customer’s use hereof infringes or misappropriates such third party’s valid United States, United Kingdom or EU/EEA Member State copyright, trademark or patent (a “Claim Against Customer”), and will indemnify Customer from any damages, losses, liability and attorney fees and costs finally awarded against Customer as a result of, or for amounts paid by Customer under a settlement of, a Claim Against Customer, provided Customer (i) promptly gives Airtame written notice of the Claim Against Customer, (ii) gives Airtame sole control of the defense and settlement of the Claim Against Customer (except that Airtame may not settle any Claim Against Customer unless it unconditionally releases Customer of all liability), and (iii) give Airtame all reasonable assistance, at Airtame’s expense. If Airtame receives information about an infringement or misappropriation claim related to the Devices or Services, Airtame may in Airtame’s discretion and at no cost to Customer (i) modify the Device or Services so that it no longer infringes or misappropriation such third party rights, (ii) obtain a license for Customer’s continued use of the Device or that Services, or (iii) terminate Customer’s purchase of the Device and Services upon 30 days’ written notice and refund Customer the purchase Price for the infringing Device and any prepaid fees covering the remainder of the Subscription Period of the terminated subscriptions. The above defense and indemnification obligations do not apply to the extent a Claim Against Customer arises from a) Customer misusing the Device or Services b) use of Device or Services with Non-Airtame devices and/or software or any other third party product causing the infringement; c) Customer’s breach of these Terms; or d) claims arising from the subsequent modification of the Device or Services by any party other than Airtame or its authorized contractors acting on its behalf.
11. GENERAL
11.1Any rights and licenses granted under these Terms, may not be transferred or assigned by the Customer without prior acceptance from Airtame, but may be assigned by Airtame without restriction or limitations.
11.2The Customer agrees that any claim or cause of action arising out of or related to the Device or the Services must commence within one (1) year after the cause of action occurs. Otherwise, such claim or cause of action shall be permanently barred.
12. EXPORT RESTRICTIONS AND COMPLIANCE
12.1The Device, Service and other technology Airtame makes available, and derivatives thereof may be subject to export laws and regulations of the United States, EU and other jurisdictions. Each party represents that it is not named on any U.S. government or EU denied-party list. Customers shall not permit its users to access or use any part of the Service in a U.S. or EU embargoed country (currently Cuba, Iran, North Korea, Russia, Sudan or Syria) or violate any U.S. or EU export law or regulation.
13. APPLICABLE LAW AND VENUE
13.1These Terms and any dispute or claim arising out of or in relation hereto and the use/performance of the Devices or Service shall be governed by and construed in accordance with Danish law without regard to its principles on choice of law. Notwithstanding the above if the Customer is domiciled and the Device is shipped to an address in the United States the governing law shall instead be State of New York.
13.2All disputes arising between Customer and Airtame shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules. Arbitration will be binding and will take place in Copenhagen. The arbitration will be conducted in the English language. Notwithstanding the above, if the Customer is domiciled and the Device is shipped to an address in the United States the arbitration will take place in New York instead of Copenhagen.
March 2022
Airtame ApS
CVR no. 35478973
Danneskiold-Samsøes Allé 24, 1. tv
1434 Copenhagen K
Denmark
Airtame Inc
47-2270295
PENN 1, 3rd Floor, Ste 320
250 West 34th St
New York, NY 10119
United States
Master Subscription Agreement – Iceland
MASTER SUBSCRIPTION AGREEMENT
Date last modified: October 25, 2021
This Master Subscription Agreement contains the terms and conditions in relation to the Subscription unless otherwise agreed in the order form.
1. DEFINITIONS
1.1 “Airtame”, “we” and “us” means Airtame ApS
1.2 “Airtame Haas” means Airtame Hardware as a service
1.3 “Airtame Platform” accredits the service of using the Airtame hardware along with including the Airtame Cloud and support that goes with it.
1.4 Airtame owns the hardware. If a customer cancels the subscription you need to return the hardware.
1.5 “Customer”, “you”, “your” or similar terms means the person or legal entity utilizing or accessing the Airtame Platform.
1.6 “Data Processing Addendum B” means the Airtame Data Processing Addendum B attached as Addendum B to this Master Subscription Agreement
1.7 “Device” means a supported Airtame device
1.8 “The Airtame Platform” has the meaning set forth in clause 2.1
1.9 “Licensor” means the person selling the Airtame Platform 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 the Airtame Platform to the Software
1.12 “Partner Agreement” means the agreement between the Partner and Airtame, which grants the Partner the right to the Airtame Platform 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 “Subscription Fee” means the fee for the Airtame Platform
1.15 “Subscription Period” means the period for which the Customer is granted a License to the Airtame Platform
2. SUBSCRIPTION SERVICE
2.1 The Customer is granted a non-transferable and non-exclusive license to use the Airtame Platform 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 Airtame Platform”).
2.2 The Airtame platform 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 Airtame Platform is limited to 1 seat/Device.
2.3 The Airtame Platform is delivered as a combination of an online Software-as-a-Service and hardware-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. The hardware will be physically installed on site and managed through the software aforementioned.
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 Airtame Platform 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 Airtame Platform.
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 Airtame Platform from a Partner, you acknowledge that payment and delivery terms for the Airtame Platform 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 Platform cannot be cancelled and the Customer may only terminate this Master Subscription Agreement in accordance with clause 7.1.
4.2.3.3 Airtame owns the hardware. If a customer cancels the subscription you need to return the hardware.
4.2.3.4 If the customer does not return the Hardware upon cancelling you will be invoiced 200 EUR per Airtame device and an additional 50 EUR per Airtame PoE adapter if that applies.
4.2.3.5 If the customer does not prolong their subscription to the Cloud and the services offered will be deactivated/discontinued.
5. INTELLECTUAL PROPERTY RIGHTS
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. WARRANTIES
6.1 Licensor’s warranties 6.1.1 The Licensor warrants that:
a) the Licensor has the right to grant the Airtame Platform
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.
f) the customer maliciously breaks the Airtame hardware
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. TERM 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 Airtame Platform 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 Airtame Platform 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 Airtame Platform 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 Airtame Platform 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 Airtame Platform. 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 Airtame Platform 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. LIABILITY AND LIMITATION 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 Airtame Platform. 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. FORCE 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. ASSIGNMENT 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. PARTNER SALES
11.1 If the Airtame Platform is acquired from a Partner will (i) this Master Subscription Agreement constitutes the entire contractual relationship between you and Airtame regarding the Software and the Airtame Platform 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 Airtame Platform. 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. PRIVACY AND DATA PROTECTION
12.1 Airtame collects and processes personal data in accordance with our enclosed “Addendum B
Data Processing”
13. APPLICABLE 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. INTRODUCTION
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. PERSONAL 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. SECURITY
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. DATA 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. EXTERNAL DATA PROCESSORS
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. AGE 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. CHANGES
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.
Master Subscription Agreement (February 20, 2020 – April 20, 2022)
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. INTELLECTUAL PROPERTY 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. WARRANTIES
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. TERM 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. LIABILITY AND LIMITATION 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. FORCE 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. ASSIGNMENT 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. PARTNER SALES
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. PRIVACY AND DATA PROTECTION
12.1 Airtame collects and processes personal data in accordance with our enclosed “Addendum B
Data Processing”
13. APPLICABLE 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. INTRODUCTION
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. PERSONAL 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. SECURITY
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. DATA 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. EXTERNAL DATA PROCESSORS
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. AGE 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. CHANGES
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.
Privacy Policy (January 30, 2020 – May 1, 2022)
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 (April, 2020 – April 20, 2022)
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
- Content” means any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services.
- Desktop Application” means the application installed on the computer of the User.
- Mobile Application” means the application installed on a mobile device of the User
- Airtame”, we”, us” or similar terms means Airtame ApS.
- User”, you”, your” or similar terms mean the person or legal entity utilizing or accessing the Services.
- Website” means our website located at https://www.airtame.com.
2. Purchase of Airtame Product
Orders
- Secure checkout. By entering our secure checkout you agree to receiving cart recovery emails and for us & Shopify to store any pre-sale entered data points in order to persist your shopping cart.
- Placing an online order. You can purchase the product by performing a pre-payment on https://america.shop.airtame.com/cart from the USA and Canada, on https://world.shop.airtame.com/cart from Europe and a number of other countries listed in the drop-out list of the order page and https:/oceania.shop.airtame.com/cart from Australia and a number of other countries listed in the drop-out list of the order page. Airtame has all the necessary certificates for selling, purchasing and using the product in the listed countries.
- By performing the online order, you agree to be charged for your order on confirmation.
- As soon as the order is placed online, it will take you approximately 2 to 10 working days to receive the order depending on your location.
- Customer Onboarding communications. By performing the online order you agree to receiving communications from Airtame with regards to the successful implementation and proper use of the Airtame products, including complimentary services and products.
- Returns and Refunds. For details on returns and refunds please refer to our Return Policy.
- Limited Product Warranty and Warranty Disclaimer. For details on returns and refunds please refer to our Return Policy.
Pre-Orders
- Pre-Order Reservation. When placing a Pre-Order for Airtame Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Airtame shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to sales@airtame.com.
- Payment. You will be charged the full Price of the Products at the time of placing the Pre-Order. If Airtame is unable to commence shipping the Products on or before the one-year anniversary of your placing the Pre-Order, Airtame shall process a full refund to you. Your placing of a pre-order constitutes your express agreement to Airtame of charging the full Price of the Products at such time.
- Priority. Airtame will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your Pre-Order in accordance with the terms of this Agreement, your position will be taken by the next person on the Product pre-order list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our newsletter for more information about such events.
- Delivery Schedule. Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Airtame does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Airtame is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
- Price. The purchase price (“Price”) does not include taxes and other government charges, which are your responsibility. If the Price drops after you have pre-ordered, we will refund you the difference. If the Price goes up, your order is secure at the low Price. The Pre-Order Price is valid from the moment you place the Pre-Order right up to 10 days after you receive the item. To claim a refund for the difference, email us at sales@airtame.com.
- Cancellation. You or Airtame may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Airtame cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
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
- Services. Airtame Services consist of (i) the Dongle that plugs directly into the HDMI® port of your TV, projector, monitor, (ii) the Application that facilitates the monitoring and analysis of the information collected by the Dongle device and (Whereas Limited use of Airtame services do not require internet, full use of the Airtame Services requires Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors.
- Right to Use Services. Airtame hereby grants you permission to use the Services solely as set forth in this Agreement and in the manner set forth on the Website. In the event of any conflict between the terms of this Agreement and the Website, the terms of this Agreement shall prevail. Any use of the Application other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your use privileges in our sole discretion.
- Airtame is committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
- Right to Terminate Use of Services. We reserve the right to suspend or terminate the account of any User at any time for failure, or perceived failure, to comply with this Agreement, or for any other reason in our sole discretion.
- Intellectual Property Rights.
All Rights Reserved. We retain title to and ownership of all rights (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Product, the Services, the Website, the Platform, and the Content. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by this Agreement. All rights not expressly granted to you are reserved to us.
Do Not Reproduce. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Application for any purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Application or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Application or any of the Content therein. - Publicity. Unless otherwise stated in the special terms, 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 the Airtame Sites, blog and/or in marketing materials, including case studies and as press references, to identify the Customer as a customer of Airtame.
5. Prohibited Uses
You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes:
- Illegal Purpose. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in your country or applicable to you.
- Tampering. You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. You will not upload or transmit viruses, worms or any other destructive code. The restriction in this Section 3(f)(ii) applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
- Permission Required. You may not, without Airtame’s prior written permission (A) copy, distribute, modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (B) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; (C) make derivative works of the Services; or (D) modify another website so as to falsely imply that it is associated with the Services, Airtame or any other Airtame products or services.
6. Limitation of Liability
- Limitation of Liability. In no event shall Airtame, its officers, directors, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of the Product, the Services, the Application or the Website. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the amount you have paid to us in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- Third Party Products and Services. Airtame does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Airtame will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
- Other Jurisdictions. We make no representations that the Services, the Application or the Website are appropriate or available for use in all locations. Those who access or use the Services, the Platform, or Website from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
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
- Entire Agreement. This Agreement, together with the Privacy Policy and Cookie Policy, shall constitute the entire agreement between you and Airtame concerning the Product, the Website, the Platform, and the Services.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Airtame without restriction or limitations. - No Personal Jurisdiction. You agree that: (i) the Services shall be deemed solely based in the region of Denmark; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Airtame, either specific or general, in jurisdictions other than the region of Denmark. This Agreement shall be governed by the internal substantive laws of the region of Denmark, without respect to its conflict of laws principles.
- Claims. You agree that any cause of action arising out of or related to the Product, the Services, the Platform, or the Website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action shall be permanently barred.
- Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Airtame’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.