Terms of service and End User Licence Agreement
Date last modified: June 26, 2019
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.
- 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
- Cloud” means the web-based control panel used to manage multiple Airtames.
- 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.
- User Content” means any and all information, text, graphics, photos or other materials uploaded or created using the Service by a User.
- Website” means our website located at https://www.airtame.com.
2. Purchase of Airtame Product
- 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-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 firstname.lastname@example.org.
- 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 email@example.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).
- 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.
- 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 and Homescreen web product used to manage multiple Airtames and to install application-like features.
- 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 limitauions 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. 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.
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 firstname.lastname@example.org, email@example.com or submit a request at support.airtame.com.
8. Customer Support
To get in touch with a member of our Customer Success Team, please send a message to firstname.lastname@example.org or submit a request at 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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
- 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.
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.
- 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.