Terms of service and End User Licence Agreement

Date last modified: April 27, 2016

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 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 www.airtame.com/privacy (the “Privacy Policy”) is incorporated by reference into this Agreement.

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 e-mail 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

  1. “Content” means any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services.
  2. “Desktop Application” means the application installed on the computer of the User.
  3. “Mobile Application” means the application installed on a mobile device of the User
  4. “Cloud” means the web-based control panel used to manage multiple Airtames.
  5. “Airtame”, “we”, “us” or similar terms means Airtame ApS.
  6. “User”, “you”, “your” or similar terms mean the person or legal entity utilizing or accessing the Services.
  7. “User Content” means any and all information, text, graphics, photos or other materials uploaded or created using the Service by a User.
  8. “Website” means our website located at https://www.airtame.com.

2. PURCHASE OF AIRTAME PRODUCT

  1. Orders
    1. 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 and on https://world.shop.airtame.com/cart from Europe, 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.
    2. By performing the online order, you agree to be charged for your order on confirmation.
    3. 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.
  2. Returns and Refunds. For details on returns and refunds please refer to our Return Policy.
  3. Limited Product Warranty and Warranty Disclaimer. For details on returns and refunds please refer to our Return Policy.

3. ELIGIBILITY

  1. 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

  1. 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 (iii) the Cloud the web-based control panel used to manage multiple Airtames.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Intellectual Property Rights.
    1. 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.
    2. 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.

5. PROHIBITED USES.

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

  1. 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.
  2. 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.
  3. 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. BACKUP AND STORAGE

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information or User Content for improper purposes. By using the Services, you acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.

7. FEEDBACK

We welcome your feedback or suggestions regarding the Website and the Platform. If you give us feedback or suggestions, you agree that you assign to us all rights to such feedback or suggestions and that we can use such feedback or suggestions in any manner we deem appropriate. Send us your feedback to hello@airtame.com, support@airtame.com or submit a request at support.airtame.com.

8. Customer Support

To get in touch with a member of our Customer Experience Team, please send a message to hello@airtame.com or submit a request at support.airtame.com.

9. YOUR AIRTAME ACCOUNT

In order to use some Airtame services you will have to create an account through our Website and become a registered User. Unauthorized use of someone else’s account is expressly prohibited hereunder. The following terms apply to your Airtame account:

  1. User Responsibilities. You are solely responsible for the activity that occurs on your account, including your conduct on the Application and any content you may submit, post or share via your account.
  2. Ownership of User Content. You represent and warrant that you have the right, power, and authority to post your User Content and to grant the license specified below. You further represent and warrant that by posting such User Content, you will not violate third party rights of any kind. To the extent that your User Content may be copyrightable, you represent and warrant, that you are the owner of all copyright rights to such User Content and that Airtame may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.
  3. License to Airtame. You maintain all your ownership rights in any User Content you submit to Airtame. You grant Airtame a royalty-free, sub-licensable, transferable, perpetual, irrevocable, worldwide license to use such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in connection with the Website, the Platform, and the Services, including without limitation for promoting the Website, the Application and the Services in any media formats and through any media channels.
  4. Removal of User Content. We reserve the right to review any User Content and decide, in our sole discretion, whether User Content is appropriate and complies with this Agreement. We may remove any User Content and/or terminate a User’s access for uploading User Content at any time without prior notice and in our sole discretion.
  5. Security. You are responsible for maintaining the security of your account and User Content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the Platform. You agree to immediately notify Airtame in writing of any unauthorized uses of your account or any other breaches of security. Airtame cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. Your representation to us. By using the Services, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 13 years of age or older; and (iv) your use of the Services does not violate any applicable law or regulation.
  7. Promotion Materials. When registering an account with us, you may expressly agree to receive promotional content from Airtame, by mail or email, from time to time. You will also be given an option to opt out of receiving our promotional materials. If you wish to change your election with respect to promotional materials, you may do so on the Website at any time.

10. THIRD PARTIES

Third Party Service Providers. You acknowledge that the Services may allow you to access and use content and services offered by third party service providers. You agree to comply with the relevant terms and conditions of any such third party service provider. Links to Third Party Sites. The Website may include links to other websites. We do not control or endorse any third party site. You agree that we are not responsible for the availability or contents of any such third party sites. Your use of third party sites is at your own risk.

11. LIMITATION OF LIABILITY

  1. 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.
  2. 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.
  3. 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.

10. 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.

12. GENERAL

  1. Entire Agreement. This Agreement, together with the Privacy Policy, shall constitute the entire agreement between you and Airtame concerning the Product, the Website, the Platform, and the Services.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

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