Terms and Conditions

15 min read

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