Date last modified: July 9, 2025
This document outlines the Terms of Service governing the sale and usage of Devices and Services provided by Airtame ApS or Airtame Inc. (“Airtame”) and includes the terms applicable to the user’s access to and use of the Services.
All Customers are required to accept the Terms of Service when creating an Airtame Cloud account, which is a prerequisite for using Airtame’s Devices and Services. The applicability of specific provisions of the Terms of Service may vary depending on whether the Customer has acquired the Device or Service directly from Airtame or through a Reseller. Any provision that is intended to apply only to a specific category of Customer will be clearly specified in the relevant Clause of the Terms of Service.
1.1 “Airtame Cloud” means the online platform where the Customer registers the Device and has a dedicated account from which to control the Services and administer the Subscription Plan.
1.2 “Customer” means a professional entity or individual with a valid VAT or similar business-ID number, authorized to purchase the Device and/or the Service either directly from Airtame or through a Reseller. Airtame and its Resellers and do not accept orders from consumers (B2C). By purchasing the Device and/or the Service, the Customer represents and warrants that it is acting in a professional capacity and has full legal authority to enter into binding agreements without the need for additional approvals or consent. Unless explicitly stated otherwise, references to the “Customer” in these terms include both Direct Customers and Reseller Customers.
“Direct Customer” means a Customer who purchases the Device and/or Service directly from Airtame, either via Airtame’s website or by submitting a purchase order accepted by Airtame.
“Reseller Customer” means a Customer who purchases the Device and/or Service through an authorized third-party Reseller.
1.3 “Device” means a supported Airtame device, manufactured by Airtame.
1.4 “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. If the Customer registers for a Free Trial of a Service, the applicable provisions of the Terms of Service will also govern such a Free Trial.
1.5 “Scope of Work” means an analog or digital document that sets out the commercial terms agreed between Airtame and the Direct Customer, regardless of whether the purchase was made online via Airtame’s website or as a direct purchase based on a purchase order submitted by the Direct Customer and accepted by Airtame. The Scope of Work includes key commercial terms, including but not limited to the Direct Customer’s name, contact details, the Subscription Fees, the Subscription Period, and the applicable Subscription Plan. Each Scope of Work is subject to and governed by these Terms of Service.
1.6 “Reseller” means a third-party company which, in accordance with an agreement with Airtame, has the right to sell a Device and the related Subscription Plan, or a standalone Subscription Plan for a defined Subscription Period.
1.7 “Service” means the software and functionality made available online by Airtame as a “Software-as-a-Service” product.
1.8 “Limited Services” means the software and functionality which remains active for a Customer upon cancelling the Subscription Plan or after the end of the Subscription Period when the Service falls into an unlicensed state.
1.9 “Subscription Plan” means different software and functionality bundled in specific packages made available as a Service.
1.10 “Subscription Fee” means the fee for a Subscription Period.
1.11 “Subscription Period” means the period for which the Customer is granted a right to use the Service. The Subscription Period starts on the date the Customer sets-up a new Device for the first time upon which the initial Subscription Period automatically gets activated or when a Customer redeems a purchased license key in their Cloud Account. Unless otherwise agreed in writing, the Subscription Period continues for the duration specified depending on how the Service was acquired and is subject to renewal in accordance with these Terms of Service.
2.1 Orders
Direct Customers can purchase the Device either online through Airtame’s website or by submitting a purchase order directly to Airtame. Website purchases are available to Direct Customers located in the USA, Canada, Australia, Europe (EU and non-EU countries), and a number of other countries listed in the drop-down list of the order page. Airtame holds all the necessary certificates for distributing and selling the Device in the listed countries. If the Direct Customer’s country is not on the list, the Direct Customer is requested to send an email to sales@airtame.com.
2.2 Prices and Payment
2.2.1 All prices stated by Airtame do not include any shipment costs, VAT, levies, duties or other taxes, and Direct Customers are responsible for paying such costs associated with the purchase. If the payment is not made online by credit card when placing the order but instead invoiced by Airtame, full title and ownership to the purchased Device shall remain with Airtame until full payment has been received. Payment terms are net cash + fourteen (14) days from the invoice date, and Direct Customers cannot set off or deduct any amounts in the invoiced amounts.
2.2.2 Direct Customers will be charged the full price of the Device, including any mandatory Subscription Fee (initial Subscription Period), in accordance with the payment method and terms applicable to their purchase.
2.2.3 When placing an order, including pre-order, cf. Clause 2.4, the Direct Customer will be required to provide certain information, such as address and billing information. The Direct 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 Direct Customer can update the information at any time prior to the ordered Devices being shipped by sending an e-mail to support@airtame.com.
2.3 Delivery
2.3.1 As soon as the order is placed Airtame will initiate the shipment of the purchased Device. The delivery time stated in the Scope of Work, is purely indicative and shall be deemed as non-essential for the purpose of the Terms of Service. 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 Direct Customer to cancel the order, nor to obtain any direct and/or indirect indemnity, damages or compensation for costs.
2.4 Special for Pre-orders
2.4.1 From time to time, some Devices, including possible Subscription Plans, will be available for pre-order.
2.4.2 Airtame will ship the Device according to the order in which pre-orders are received. If the Direct Customer cancels or forfeits a pre-order in accordance with the terms of the Terms of Service, this Direct Customer’s position will be taken by the next Direct Customer on the Device pre-order list.
2.4.3 Although Airtame will make efforts to begin delivering the Device as soon as reasonably possible, the Direct Customer understands and agrees that there may be delays. An estimated time of delivery (ETD) informed by Airtame in the Scope of Work is only an estimate and can be 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 the Terms of Service, to provide any discounts, refunds or credits due to any such delays. Airtame will provide the Direct Customer with periodic updates with respect to such delivery schedules.
2.5 Replacement of Faulty Devices
2.5.1 The Direct Customer should properly examine Devices immediately upon delivery and Devices (or items accompanying Devices) will only be replaced if they are defective or damaged at the time of delivery and Airtame has received the Direct Customer’s complaint within the applicable warranty period.
2.5.2 The default warranty period is one (1) year from delivery for Direct Customers based in the US and two (2) years for other Direct Customers. These default warranty periods apply unless a different warranty length has been explicitly granted in the Scope of Work. The Direct Customer can get a faulty Device replaced within the given period after the purchase from Airtame. If the Direct Customer has purchased an extended warranty period for a Device, that extended warranty will apply for the Device in question.
2.5.3 The Direct Customer shall report the issue to support@airtame.com within thirty (30) days after discovering the defect. Airtame does not accept any returns without the Direct Customer first contacting Airtame regarding the return, having received support from Airtame’s support team, and having received the guidelines for the return. The Direct Customer should describe the issue the Direct Customer is experiencing for possible clarification and initial assessment of whether the issue may be covered by the warranty. Airtame’s support team will also be able to identify if the Direct Customer’s issue can be solved over email, chat, or, in some cases, phone.
2.5.4 The Direct Customer is responsible for the return shipping of the defective Device, including the correct packaging. By contacting Airtame regarding the return, Airtame will issue a RMA number and may offer the Direct Customer a pre-paid return label covering the return shipment or require the Direct Customer to pay for the return shipment and Airtame will then refund the Direct Customer’s reasonable shipping costs (not e.g. express, registered or cash on delivery) against receiving a copy of the shipping bill.
2.5.5 Airtame will not issue a replacement for any Device purchased in countries to which Airtame does not currently have certifications to ship. If the Device originally was purchased using a forwarding address for shipping, the Direct Customer will need to use a forwarder again to receive the replacement Device.
2.6 Return Policy
2.6.1 Airtame has a thirty (30) day return policy starting on the date the Device is delivered to the Direct Customer at the address stated in the Scope of Work. To get instructions on how to process a refund, the Direct Customer should reach out to support@airtame.com. Airtame does not accept any returns without the Direct Customer contacting Airtame regarding the return and receiving guidelines for the return in advance. A refund can only be issued if the Device is returned in its original condition and packaging, including all accessories, manuals, and documentation. If any accessory or documentation is missing, no refund will be issued.
2.6.2 The Direct Customer is responsible for all return shipping charges and shall assume all risk of loss or damage to the product while in transit back to Airtame. Airtame recommends the use of a traceable method of shipping.
3.1 License
3.1.1 The Customer is granted a terminable, non-transferable and non-exclusive right to download and use the Service subject to the provisions of the Terms of Service.
3.1.2 The Customer is not entitled to sublicense the right to use the Service. Except for the express rights granted, no other rights or license, express or implied, are granted by Airtame to the Customer.
3.1.3 The license is granted to the Direct Customer as the legal entity stated in the Scope of Work. The license is limited to the chosen Subscription Plan and the number of active Devices stated in the Scope of Work. If the number of active Devices are not stated in the Scope of Work the license is limited to one (1) Device. For Reseller Customer, such terms are governed by the agreement with the Reseller.
3.2 Access and Availability
3.2.1 The Service is available for the Customer on an “as is” and “as available” basis, as the functionality and type of service made available are standard services not customized to a specific Customer.
3.2.2 The Service is only delivered online as a Software-as-a-Service operated by Airtame and might require access to the internet and can be accessed through a web browser supported by desktops, laptops, interactive displays from SMART®, 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. Please see a list of supported devices and web-browsers here.
3.2.3 Some Subscription Plans are mandatorily bundled with specific Devices or can be bundled with selected third-party hardware.
3.2.4 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 nor interfere with the quality of the Service nor the contractual obligations between the Customer and Airtame.
3.2.5 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.
3.2.6 Airtame is not obligated to provide or procure any specific updates to the Service, except such updates necessary to keep the Service available for the Customer 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.
3.2.7 Airtame can offer new Services or Subscription Plans, add-ons, modules etc. against separate payment. Unless otherwise specifically stated, the Terms of Service will also apply to such future new Services, Subscription Plans, add-ons, modules etc.
3.3 Payment and Renewal
3.3.1 Purchase of the Subscription Plan from a Reseller
3.3.1.1 Reseller Customers purchasing the Subscription Plan (first Subscription Period) from a Reseller, acknowledge that payment and delivery terms for the Subscription Plan must be established separately and independently between the Reseller Customer and the Reseller.
3.3.1.2 Resellers are authorized to issue renewal license keys, which shall be valid solely for use on the Airtame Cloud for the renewal of Reseller Customers’ Subscription Plans.
3.3.1.3 In the event that a Reseller fails to facilitate the renewal of a Subscription Plan in a timely or adequate manner, Airtame reserves the right to offer the Reseller Customer a direct renewal. Such direct renewal shall be available solely via credit card registration and payment in the Airtame Cloud. By renewing the Subscription Plan directly with Airtame, the Reseller Customer will be considered a Direct Customer for the purposes of that renewal.
3.3.2 Purchase of the Subscription Plan from Airtame
3.3.2.1 The Subscription Fee for the initial Subscription Period shall be paid either on Airtame’s website when placing an order or no later than the payment date stated in invoice depending on the applicable purchase process. Upon renewal, the Subscription Fee for the forthcoming Subscription Period shall take into account Devices activated automatically upon registration in the Airtame Cloud, and may in some cases apply a credit (prepaid amount) to the renewal invoices matching the period of unused service, if any.
3.3.2.2 All prices stated by Airtame do not include VAT, levies, duties or other taxes, and the Direct Customer is responsible for paying such costs associated with the purchase. If the payment is not made 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 + fourteen (14) days from the invoice date, and the Direct Customer cannot set off or deduct any amounts in the invoiced amounts.
3.3.2.3 Automatic renewal (via invoice). Unless otherwise agreed in the Scope of Work all Subscription Plans will automatically be renewed (without the need to go through the service interface “check-out” or otherwise execute a renewal) for an additional Subscription Period of 1 year.
3.3.2.4 Automatic renewal (credit card payment). Unless otherwise agreed, all Subscription Plans signed will automatically be renewed (without the need to go through the service interface “check-out”) for additional Subscription Periods equal to the Subscription Period depending on the Direct Customer’s selected billing period, up to 1 year at a time.
3.3.3 Late Payment
3.3.3.1 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 Direct Customer’s access to the Service until all such due amounts are paid in full.
3.3.4 Fee Adjustment
3.3.4.1 Airtame may adjust the Subscription Fee. The adjustment will take effect from the start of the Customers next Subscription Period, provided that the Customer is given at least ninety (90) days’ prior written notice before the end of the current Subscription Period. The Customer has the right to terminate the Subscription Plan if the price increase is not accepted, provided that termination is effected within fifteen (15) days of receiving the notice of the price adjustment, notwithstanding the notice period in Clause 7.2. Such notice of termination must be submitted in accordance with the procedure set out in Clause 7.2.
3.4 Change of Functionality and Service
3.4.1 Airtame reserves the right, in its sole discretion, to alter, introduce or delete any functionality contained in the Service and the different Subscription Plans at any time. In the event such changes materially reduce a core function of the Service, then Customer may terminate the Subscription Plan 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.
3.5 Free Trials and Special Pricing
3.5.1 Airtame offers differentiated pricing for education and corporate Customers. The determination of whether a Customer qualifies for education or corporate prices is at the discretion of Airtame. A Free Trial is an opportunity for a company or organization to use Services free of charge for an agreed time period. The Free Trial will begin on the date set by Airtame regardless of whether the Customer uses the Service, and will expire at the end of the Free Trial period.
3.5.2 An organization or company defined as a legal entity is only eligible for one Free Trial period. Airtame has the right to close down the Service associated with any additional Free Trial.
4.1 Airtame retains title, interest and ownership of all rights, including, but not limited to, trademarks, know-how and copyrights, in and to the Device and the Service and underlying software, as well as any copies thereof, along with any and all other rights to the Service and related documentation, except for third party software components to which Airtame’s suppliers hold all rights. Any non-compliance with Airtame or its suppliers’ rights, including careless use of the Service that enable third parties to copy the Service or underlying software, shall be deemed a breach of this Terms of Service.
4.2 If the Customer becomes aware of any infringement or threatened infringement by a third party of the Device or the Service, the Customer shall promptly notify Airtame ApS by email: support@airtame.com.
4.3 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 in accordance with the Terms of Service 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
4.4 If Airtame receives information about an infringement or misappropriation claim related to the Device or the Service, Airtame may in Airtame’s discretion and at no cost to Customer
4.5 The above defense and indemnification obligations do not apply to the extent a Claim Against Customer arises from
4.6 The foregoing remedies constitute the Customer’s sole and exclusive remedies and Airtame’s sole liability with respect to any third-party infringement claim.
5.1 The Customer is entitled to ordinary usage of the Service for its intended purpose, and the Customer – and its end users – shall not, without Airtame’s prior written permission
5.2 The Customer is obliged and responsible for ensuring that the use – including the Customer’s end users’ use – of the Device and the Service, as well as any content shared via the Service, is not offensive, illegal or inappropriate, and does not
This restriction also includes any use that interferes with or attempts to interfere with the normal operation of the Services, including by hacking, deleting, augmenting, or altering the Services, access to the Service, or any content, i.e. any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services.
5.3 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. If 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 end users’ use of any content provided by the Customer through the Service.
5.4 Furthermore, the Customer is obliged to ensure that any end user does
5.5In 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 Customer’s use of the Service, Airtame shall be entitled to terminate the Subscription Plan and the Customer’s access to the Service, without the Customer being entitled to any compensation whatsoever. Furthermore, Airtame reserves the right to suspend the Airtame Cloud account of any Customer and/or the Customer’s end users at any time for failure, or perceived failure, to comply with the Terms of 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.
6.1 Airtame warrants that:
6.2 The warranties set out in Clause 6.1 shall not apply in the event that:
6.3 Disclaimer of warranties
6.3.1 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.
6.3.2 Notwithstanding the express warranty set out in Clause 2.5.2 or explicitly set forth in the Terms of Service, or otherwise expressly required by mandatory law, the Service and the Device are provided “as is” and “as available”, without warranties of any kind. To the maximum extent permitted by applicable law, Airtame, on behalf of itself, its affiliates, licensors, Resellers, and their respective employees, officers, directors, contractors and agents, disclaims all express, implied, and statutory warranties, including, but not limited to, warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, title, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.
6.3.3 Airtame does not warrant that the Service or the Device will be uninterrupted, error-free, or free from harmful components, or that all errors or defects will be corrected. Customer acknowledges that Airtame does not control the transfer of data over communications facilities, including the internet or third-party networks, and that the Service may be subject to limitations, delays, interruptions, or other problems inherent in the use of such systems.
6.3.4 Airtame makes no warranty that the Service or the Device will operate in combination with Customer’s networks, systems, or third-party applications not specified in Airtame’s documentation or outside of Airtame’s control, nor that the operation of the Service or the Device will be error-free or uninterrupted.
6.3.5 Airtame disclaims all warranties and liability relating to third-party services, content, integrations, or data accessed through or used in connection with the service or the device, including any third-party alerts, notifications, or emergency content. No oral or written information or advice given by Airtame or its representatives shall create any warranty.
6.3.6 Any warranty claims must be notified in writing to Airtame within the applicable warranty period as set out in Clause 2.5.2 or as otherwise agreed in writing, from the initial delivery of the device or provision of the service, whichever occurs first.
6.3.7 Nothing in Clause 6.3 shall exclude or limit any warranty or liability to the extent such exclusion or limitation is not permitted under applicable law.
7.1 Term of the Terms of Service
7.1.1 For Direct Customers, the Terms of Service shall enter into force upon the earliest of (i) the Direct Customer’s express acceptance of the Terms of Service, provided that the terms were made available to the Direct Customer prior to placing an order online, (ii) the Direct Customer’s receipt of the Terms of Service together with a Scope of Work or other written agreement, or (iii) the Direct Customer’s electronic acceptance of the Terms of Service when presented prior to account setup or Device registration in the Airtame Cloud.
7.1.2 For Reseller Customers, the Terms of Service shall enter into force when Reseller Customers electronically accept the Terms of Service in connection with the registration of a Device or the creation of an account in the Airtame Cloud.
7.1.3 The Terms of Service remain in effect as long as the Customer uses any Device, Service or Limited Services. Once all such use ceases, the Terms of Service automatically terminate.
7.2 Termination of the Subscription Plan
7.2.1 A Subscription Plan shall commence as of the date specified in the applicable Scope of Work.
7.2.2 The Subscription Plan may be terminated before automatic renewal by providing written notice to the other party no later than ninety (90) days before the end of the current Subscription Period. Ongoing Subscription Plans cannot be canceled with immediate effect and will remain active until the end of the current Subscription Period.
7.2.3 Termination by the Direct Customer must be made by email to support@airtame.com and must include, at minimum the Direct Customer’s legal name, registered email address, VAT or similar business-ID number, and Airtame Cloud Organization ID.
7.2.4 For Subscription Plans paid by credit card, the Direct Customer may cancel automatic renewal by unsubscribing via self-service option in the account section of Airtame Cloud before the end of the current Subscription Period.
7.2.5 Upon termination or expiry of the Subscription Plan, access to the specific Service covered by the Subscription Plan will cease on the effective date of the termination or expiry. However, unless otherwise agreed in writing, Limited Services will remain available to the Customer.
8.1 Certain provisions of these Terms of Service shall remain in effect even after the termination or expiry of a Subscription Plan and any use of Devices, Services and Limited Services has ceased. This applies in particular to provisions which, by their nature or context, are intended to survive such termination. These include, but are not limited to, Clauses 4 (Intellectual Property Rights) 5, (Restricted Use and Activities), 6 (Warranties) 10 (Liability and Limitation of Liability) and 17 (Applicable law and Venue).
9.1 Airtame may terminate the Subscription Plan, and thus the access to the Service upon four (4) days written notice to the Customer if the Customer is in material breach of any of its obligations under or in relation to the Terms of Service.
9.2 The Customer may terminate the Subscription Plan, 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 the Terms of Service which has not been rectified within sixty (60) days of written notice of such breach being given to Airtame.
9.3 Where termination is due to material breach of the Terms of Service by the Customer the Customer shall immediately discontinue all use of the Service and terminate any integration with the Service and shall not be entitled to any reimbursement of already paid Subscription Fees for the rest of the current Subscription Period, nor to any damages or indemnification.
9.4 Where termination is due to material breach of the Terms of Service by Airtame, the Customer shall immediately discontinue all use of the Service and terminate any integration with the Service, and is entitled to a proportional reimbursement of already paid Subscription Fees for the rest of the current Subscription Period and the Customer is entitled to damages and indemnification from Airtame in accordance with the limitations set out in the Terms of Service, see Clause 10.
9.5 Material breach of the Terms of Service shall include, but not be limited to, (i) the Customer neglecting to pay any sums owed and due under the Subscription Plan, or (ii) the Customer using or permitting any use of the Service that is contrary to the provisions of the Terms of Service.
9.6 The Customer is solely responsible and liable for the use of the Service and/or Device, including all of the Customer’s end users’ activities. The Customer will be liable for any breach of the Terms and Service, by any of the Customer’s end users – whether authorized or unauthorized – as if the Customer had breached the Customer’s obligations.
9.7 Furthermore, the Customer is responsible for the end user’s passwords and all activity carried out in relation to the end user’s Airtame Cloud account, including any potential use by third parties that take place through the end user’s Airtame Cloud account. The Customer and the end user must keep logins and passwords confidential, and the Customer undertakes to immediately shut down accounts of end users that are no longer employed with the Customer. The Customer must notify Airtame immediately in case of any possible misuse of end user login or passwords or any security incident related to the Service. Airtame is not responsible in any way regarding the creation of such logins. Airtame reserves the right to suspend access to the Service in the event of suspected or confirmed misuse of credentials or a security breach.
9.8 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.
10.1 The Customer agrees that any claim or cause of action arising out of or related to the Device or the Service must commence within one (1) year after the cause of action occurs. Otherwise, such claim or cause of action shall be permanently barred.
10.2 For Customers not domiciled in the United States, 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 in Clause 10.
10.3 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 the Customer and third-party providers of products or services.
10.4 Airtame makes no representations or guarantees that the Service are appropriate or available for use in all locations. Those who access or use the Service or website from jurisdictions prohibiting such use, do so solely at their own risk and are solely responsible for compliance with local law.
10.5 To the maximum extent permitted by applicable law, in no event shall either party, including, without limitation, itself, its affiliates, licensors, Resellers, and their respective employees, officers, directors, contractors and agents, be liable to the other party for
10.6 To the maximum extent permitted by law, Airtame and its affiliates, licensors, Resellers, and their respective employees, officers, directors, contractors and agents shall have no liability for any failure or delay in performance of the services to the extent caused by: Customer’s network, internet connectivity, or other communications infrastructure; any third-party hardware, software, integrations, or services used in conjunction with the service; or Customer’s failure to follow Airtame’s technical requirements or guidelines for implementation or use.
10.7 The Customer acknowledges that use of the Services in combination with third-party systems or in an unsupported environment is at the Customer’s own risk. Emergency alerts require a stable connection between Airtame Cloud and the Customer’s Devices. The Customer is solely responsible for maintaining a continuous and functional connection between Airtame Cloud and its Devices, including ensuring proper configuration, maintaining internal network and internet connections, and performing regular tests in accordance with its own internal policies. To the maximum extent permitted by law, neither Airtame nor its affiliates, licensors, Resellers, or their respective employees, officers, directors, contractors and agents shall be liable for any false, erroneous, compromised, missed, or delayed alerts, regardless of the cause. This includes, but is not limited to, network failures, system outages, third-party issues, misconfiguration, or events beyond their reasonable control.
10.8 Airtame shall not be liable for Customer’s use of materials furnished through the Service. Notwithstanding anything to the contrary in the Terms of Service, except for any claim arising from Customer’s indemnity obligations, neither party shall, at any time, have a total aggregate liability exceeding the greater of (i) the amount the Customer has paid to Airtame in the twelve (12) months prior to the event giving rise to the claim, or (ii) USD 1,000 in connection with the use of the Device and/or the Service.
10.9 The existence of more than one claim will not enlarge the liability limit set forth in Clause 10.
10.10 To the fullest extent permitted by applicable law, each party waives the right to participate in any class or representative action related to the Terms of Service or any Scope of Work.
10.11 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. With respect to either party’s obligations with respect to indemnity, or acts of gross negligence or willful intent or fraud. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply in whole or in part to the Customer.
10.12 The Customer understands and agrees that absent the Customer’s agreement to the limitation of liability in Clause 10, we would not provide the Service to the Customer.
10.13 The limitations in Clause 10 shall apply to the fullest extent permitted and only to the extent not prohibited by applicable law. Nothing in Clause 10 shall exclude or limit liability for matters that cannot be excluded or limited under applicable law, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by applicable law.
11.1 If either of the Parties (the “Claiming Party”) is prevented from carrying out its obligations (other than payment obligations) under the Terms of Service or any applicable Scope of Work, (or such are delayed) by circumstances beyond such Party’s reasonable control and which could not reasonably be foreseen at the time of commencement of the Terms of Service (“Force Majeure Circumstances”) then the Claiming Party shall not be deemed to be in breach 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.
11.2 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 the Subscription Plan. Such termination shall be without prejudice to the accrued rights and liabilities of the Parties at the date of the termination.
12.1 Airtame reserves the right to close access to the Service, if there is reason to believe that the Service is being over-used or misused. Conferencing usage per Device exceeding 30.000 minutes per quarter is considered over-use or misuse.
13.1 Each party shall comply with all applicable data protection legislation and regulations, including, without limitation, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and any laws or regulations implementing or supplementing it. Such compliance includes, but is not limited to, ensuring that any processing of personal data under the Terms of Service is lawful, transparent, and secure, that data subjects’ rights are respected, and that appropriate technical and organizational measures are in place to protect personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
13.2 Airtame acts as a data controller insofar as it independently determines the purposes and means of processing personal data. This includes, for instance, personal data that Airtame collects and processes for its own business purposes, such as end user account administration, billing, and compliance with legal obligations.
13.3 To the extent Airtame processes personal data solely on behalf of the Customer and in accordance with the Customer’s instructions, Airtame acts as a data processor. This may apply, for example, to personal data uploaded or otherwise submitted by the Customer through the Service, where Airtame neither determines the purpose of nor the means for such processing.
13.4 Whenever Airtame acts as a data processor, the Data Processing Agreement (DPA) set forth in Addendum B shall apply, which sets out the respective obligations and rights in accordance with applicable data protection legislation, including the GDPR. The Customer remains responsible for ensuring that the processing of personal data carried out through the Customer’s use of the Service is lawful and consistent with the intended purpose.
13.5 Whenever Airtame acts as the data controller, the Customer shall ensure that all data subjects covered by the Terms of Service are presented with, or otherwise given easy access to, Airtame’s always-applicable Privacy Policy, which can be found on Airtame’s website, https://airtame.com/legal/#privacy-policy, to ensure compliance with articles 13 and 14 of the GDPR.
13.6 Whenever the Customer acts as data controller, the Customer shall be responsible for fulfilling the GDPR’s information obligations for the data processing, including providing data subjects with any relevant privacy notices and references to the Customer’s own privacy policies. This includes providing clear and timely information regarding Airtame’s role, the nature and purpose of any data processing activities, and the rights of data subjects under the GDPR.
14.1 The Customer may not assign or otherwise transfer the Terms of Service or any of its rights and obligations hereunder without the prior written consent of Airtame.
14.2 Airtame may transfer and assign the Terms of Service or any of its rights and obligations hereunder, including but not limited to the right to receive payments due under the Terms of Service to a third party by informing the Customer.
15.1 Unless otherwise stated in the Scope of Work or explicitly agreed with the Reseller in relation to Reseller Customers, the Customer grants Airtame 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.
16.1 The Device, the Service and other technology made available by Airtame, including any derivatives thereof, may be subject to export laws and regulations of the United States, the European Union, the United Nations, and other relevant jurisdictions. Each party represents and warrants that it is not listed on any U.S., EU or other applicable government list of prohibited or restricted parties.
16.2 Customers shall not, and shall not permit any third party to, access use, export, re-export, transfer or otherwise distribute any part of the Service or Device:
16.3 Any breach of this clause shall be deemed a material breach of these Terms of Service and shall be handled in accordance with the provisions set out in Clause 9.
17.1 The Terms of Service and Scope of Work and any dispute or claim arising out of or in relation hereto and the use/performance of the Device or 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.
17.2 All disputes arising between the 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 the State of New York instead of Copenhagen.