1. General provisions

The following terms and conditions (the “Terms and Conditions”) govern all use of the emlid.com website and all content and services available at or through the website, including, but not limited to store.emlid.com, docs.emlid.com, community.emlid.com (taken together, the “Website”). The Website is owned and operated by Emlid Tech Kft., which has its registered address at Ráday utca 33/A 1st floor 3rd door, 1092, Budapest, Hungary, (hereinafter “Emlid”, "we", "us" or "our").

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, emlid.com’s Privacy Policy and Community Guidelines, in particular, located on https://community.emlid.com/faq ) and procedures that may be published from time to time on the Website by Emlid.

These Terms and Conditions are legally binding between you ("User", "you" or "your") and Emlid. By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms of these Terms and Conditions. If you are entering into these Terms and Conditions on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms and Conditions, you must not accept these Terms and Conditions and may not access and use the Website. You acknowledge that these Terms and Conditions are a contract between you and Emlid, even though it is electronic and is not physically signed by you, and it governs your use of the Website.

The Website may be temporarily partially or completely unavailable due to maintenance or other work, or for any other technical reasons. Emlid’s technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to Users.

You must be at least 18 years of age to use the Website unless otherwise is permitted by applicable local legislation. By using the Website and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age or age, which is permitted by applicable local legislation.

2. Your emlid.com account (“Account”)

If you create an account on the Website, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account. You must immediately notify Emlid of any unauthorized uses of your Account or any other breaches of security. Emlid will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Emlid may close or suspend access to the Website or Account in order to protect the registered User, Emlid, its partners, or any third party from identity theft or other fraudulent activity.

3. Suspension​/​Interruption​/​Amendments

Access to the Website may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required, or for any other reasons beyond Emlid’s reasonable control. Emlid also reserves the right to interrupt access to the Website at any time, including without prior warning, if these Terms and Conditions and/or the conditions for the access to the Website are breached. Nevertheless, Emlid shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of the Website.

Emlid shall make reasonable efforts to ensure that the information published on the Website is correct; although Emlid cannot make any guarantees that this information is accurate and complete. Emlid may change the content on the Website and/or the features available and any other aspect of the Website at any time, including without prior warning. Emlid shall not accept any obligations or commitments to update the content and material published on the Website.

4. User’s responsibility

Emlid does not own any data, information, or material (collectively, "User’s Content") that you submit on the Website in the course of its use. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted User’s Content. We may, but have no obligation to, monitor and review the User’s Content on the Website submitted or created by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the User’s Content of your user account solely as required for the purpose of providing the access to the Website to you and related services. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any User’s Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

By making User’s Content available, you represent and warrant that:

• the downloading, copying, and use of the User’s Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User’s Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the User’s Content, and have done all things necessary to successfully pass through to end users any required terms;
• the User’s Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
• the User’s Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the User’s Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your User’s Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
• your User’s Content is in compliance with all the applicable laws, regulations, and standards and does not contain anything illegal;
• your User’s Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
• you have, in the case of User’s Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Emlid or otherwise.

If you contribute your User’s Content on the Website, it is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License .

You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

You agree to indemnify and hold Emlid and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your User’s Content, your use of the Website or any willful misconduct on your part.

5. Unsolicited Ideas

Emlid or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, services or technologies, product or service enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (“submissions”) in any form to Emlid or any of its employees. The sole purpose of these provisions is to avoid potential misunderstandings or disputes when Emlid’s products or marketing strategies might seem similar to ideas submitted to Emlid. If despite our request that you do not send us your ideas, you still submit them, the following terms shall apply to your submissions.

You agree that:

1. your submissions and their contents will automatically become the property of Emlid, without any compensation to you;
2. Emlid may use or redistribute the submissions and their contents for any purpose and in any way;
3. there is no obligation for Emlid to review the submission; and
4. there is no obligation to keep any submissions confidential.

Emlid does, however, welcome your feedback regarding Emlid’s products and services. If you wish to send us your feedback, please provide only specific feedback on Emlid’s existing products, services, or marketing strategies; do not include any ideas that Emlid’s policy will not permit it to accept or consider.

Any feedback you provide at this site shall be deemed to be non-confidential. Emlid shall be free to use such information on an unrestricted basis.

6. Conditions and restrictions on use

The Website only gives a limited right of access to the Website and the license is non-exclusive and non-transferable. Except for the foregoing, no other right, title, or interest is transferred by virtue of these Terms and Conditions.

Usage of the Website, including all the associated functions and functionalities, is only permitted in accordance with the applicable laws, regulations, and standards, and with any other limitation on the use of the service or content on the Website. The content and any material purchased or used through the Website may not be kept, reproduced, distributed, modified, exhibited, published, granted under license, or utilized to generate derived works to be offered for sale or otherwise utilized. The protections on the Website may not be evaded, removed, altered, deactivated, impaired, or blocked; the use of robots, spiders, scrapers, or other automated tools to access the Website and/or the related service is prohibited; the decompilation, reverse engineering or de-assembly of any software or other product/work/process accessible through the service that makes the Website available, is prohibited; the insertion of any code or product or manipulation of the Website or the utilization of any data mining method, data harvesting or extraction method, is prohibited.

All users are strictly prohibited from uploading, posting, sending by email, or otherwise transmitting any material that is designed to interrupt, destroy or limit the functionality of any software, hardware, or telecommunications terminal associated with the Website, including viruses and any other code, file or program. Emlid may limit or interrupt the use of the Website in the event that these Terms and Conditions are breached, or if the Website is used illegally or fraudulently.

The quality of the Website may be influenced by a series of factors such as geographical location, available bandwidth, or Internet connection speed. All costs of accessing the Internet will be payable by the User. Users are asked to check with their Internet service provider, regarding the amount debited for the consumption of data. The time required to start viewing the Website may vary depending on a series of factors, including geographical location, available bandwidth, and the selected content.

The backend software used to serve and provide access to the Website has been developed or implemented by or on behalf of Emlid and is designed to allow the Website to be viewed on compatible devices. The view and functionality and functions may vary depending on the device. It is also possible that the use of the Website requires the use of third-party software which is subject to license conditions stipulated by third parties.

When receiving access to the Website the User agrees to automatically receive updates of the software of Emlid and of third parties.

Personal data is processed in accordance with the Privacy Policy of Emlid, which is available at: https://store.emlid.com/legal/.

7. Content posted on other websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Website links, and that link to Website. Emlid does not have any control over those non-Websites and webpages and is not responsible for their contents or their use. By linking to a non-Website or webpage, Emlid does not represent or imply that it endorses such a website or a webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Emlid disclaims any responsibility for any harm resulting from your use of non-Websites and webpages.

8. Intellectual property rights and licensing conditions

Unless specified otherwise under these Terms and Conditions or under certain conditions of the specific Website accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the content or aspects of the Website belong to Emlid or/and to its licensors. These works are protected by national and international copyright law and by existing international treaties. All rights over these works are expressly reserved. Any use is prohibited of the content of the Website which has not been expressly granted by these Terms and Conditions. If any of these Terms and Conditions are breached, Emlid reserves the right to ban the use of the Website and to request the immediate return or destruction of any material printed or downloaded from the Website or as a result of using the Website.

Subject to compliance with these Terms and Conditions and with any conditions for the provision of access to the Website, Users may print or download certain extracts from the Website strictly for personal use, provided that:

• no documents or graphics are altered in any way;
• no illustrations, photographs, videos, audio clips, or any other graphics are used separately from the reference text;
• the copyright declaration (copyright © Emlid) and the trademark declarations (® or ™) are attached to every copy made.

Notwithstanding the above, no part of the contents of the Website may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from Emlid.

Emlid name, Emlid logo, and any other Emlid’s logo and product or service name are or may be trademarks owned by Emlid (“Emlid Trademarks”) or by third parties. Using or displaying Emlid Trademarks without Emlid’s prior written consent is prohibited.

No property rights or any other owned or licensed rights are granted over extracts or any other material taken from the Website. With the sole exception of the above, all rights are reserved.

Any use of the Website other than that permitted under these Terms and Conditions, without prior written authorization, is expressly prohibited and shall result in the withdrawal of any licenses granted according to these Terms and Conditions. This unauthorized use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws, and other legislation on the communication or protection of personal data. We reserve the right to suspend the accounts and access of Users who we believe have breached applicable laws or regulations. Without prejudice to the express provisions of these Terms and Conditions or the conditions for the provision of access to the Website, under no circumstances should it be understood that licenses for intellectual property rights have been implicitly or conclusively granted. All licenses may be withdrawn at any time and on any grounds.

Emlid reserves the right to display attribution links such as ‘Powered by emlid.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the emlid.com toolbar may not be removed regardless of upgrades purchased.

9. Copyright Infringement and DMCA Policy

As Emlid asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Website violates your copyright, and if this Website resides in the USA, you are encouraged to notify Emlid in accordance with Emlid’s Digital Millennium Copyright Act (“DMCA”) Policy. Emlid will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Emlid will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Emlid or others. In the case of such termination, Emlid will have no obligation to provide a refund of any amounts previously paid to Emlid.

10. Liability restrictions

The Website and software used on the Website are provided by Emlid and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. Neither Emlid nor its suppliers and licensors make any warranty that the Website will be error-free or that cess thereto will be continuous or uninterrupted.

To the fullest extent permitted by applicable law, in no event shall Emlid (including its affiliates, directors, officers, employees, agents, suppliers, and licensors) or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software and Website, even if advised of the possibility of such damage. To the maximum extent permitted by applicable law, the aggregate liability of Emlid and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Website will be limited to an amount not greater than 500 (five hundred) dollars. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

11. Online communications

All information about the User’s Account and Website will only be sent in electronic format, to the email address used at the time of registration on the Account.

12. Amendments to conditions of use

Emlid may vary these Terms and Conditions. We reserve the right to modify these Terms and Conditions or its terms relating to the Website at any time, effective upon posting of an updated version of these Terms and Conditions on the Website.

13. Forces beyond Emlid's control

Emlid is not liable for failure to fulfill its obligations under these Terms and Conditions due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of User, operational disruptions, man-made or natural disasters, epidemic medical crises, materials, or goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or goods through regular sources).

14. Applicable law. Competent Court

The formation, interpretation, and performance of these Terms and Conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Budapest, Hungary, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms and Conditions.

15. Communications

For more information, or to make a complaint, the User may send an email to the following address: info@emlid.com or contact Emlid at store.emlid.com/contacts/. Alternatively, the User can write by ordinary post to: Emlid Tech Kft., Ráday utca 33/A 1st floor 3rd door, 1092, Budapest, Hungary.

16. Miscellaneous

Emlid may assign, transfer or otherwise dispose of its rights and obligations under these Terms and Conditions, in whole or in part, at any time without notice to you. The User may not assign or transfer any rights hereunder.

If any part of these Terms and Conditions is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.

If you wish to terminate these Terms and Conditions or your Account (if you have one), you may simply discontinue using the Website. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

1. Introduction

These terms and conditions of sale (hereinafter - “Terms and Conditions”) govern the offer and sale of the goods (hereinafter - “Goods”) between Emlid Tech Kft., which has its registered address at Ráday utca 33/A 1st floor 3rd door, 1092, Budapest, Hungary, (hereinafter the “Vendor”) and the customer (hereinafter the “Buyer”) sold by the Vendor on the e-commerce channel of the website store.emlid.com (hereinafter - “Platform”). The term “Goods” includes such services related to the Goods and requested by the Buyer unless the context requires otherwise.

If the Buyer is interested in the purchase, they are invited to read these Terms and Conditions carefully before buying the Goods on the Platform. When buying the Goods on the Platform, the Buyer declares that they have read and expressly approved these Terms and Conditions. The description of the Goods is contained in the technical sheet for each good, which is published on the Platform. If the person is acting on behalf of a legal entity-Buyer, the Vendor assumes that this person is authorized and entitled to accept these Terms and Conditions on behalf of such entity represents. It is recommended to save a file with a copy of these Terms and Conditions for future reference.

The Vendor may use subcontractors to fulfill the transport, delivery, installation of the Goods and/or other services or products ordered.

These Terms and Conditions shall apply exclusively. Any conflicting or deviating terms and conditions are not accepted. These Terms and Conditions shall apply to deliveries even in the event that the conflicting or deviating terms have not been contradicted by Vendor. If any of the Vendor’s employees or representatives promise the Buyer something that is conflicting or deviating from these Terms and Conditions, the Vendor is not bound by such promises.

The Buyer can place an order on the Platform 24 hours a day, 7 days a week, except for periods of routine maintenance or technical failures.

The Platform may be temporarily partially or completely unavailable due to maintenance or other work, or for any other technical reasons. The Vendor’s technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to Buyers.

2. Formation of contract

The Goods presentation on the Platform does not represent an offer but shall be understood as a non-binding invitation for the Buyer to place a purchase order.

By confirming a purchase order on the Platform, the Buyer declares that they have reached the age of legal majority, that they have the necessary legal capacity, and that they are legally authorised to enter into purchase contracts. By sending a purchase order, the Buyer sends the Vendor a binding offer for the conclusion of a purchase contract, and the Buyer confirms that they have read, understood, and accepted all these Terms and Conditions.

The Buyer will receive an automatic reply from the Vendor with order confirmation to the email address supplied by the Buyer during the online purchase process on the Platform. The Buyer expressly accepts this form of communication for the exchange of information regarding the formation and fulfillment of the purchase contract. The Vendor may, at its discretion, reject/cancel the purchase order within 7 (seven) calendar days after sending the automatic reply with order confirmation to the Buyer. The rejection/cancellation of the purchase order may be made for various reasons (restrictions to delivery to certain countries, absence of certain Goods etc.) and the Vendor shall not be liable for any direct or indirect damages in this case before the Buyer. In case of purchase on advance payment, the purchase contract is subject to the condition of and shall become binding for Vendor only upon receipt of the respective payment for the purchase.

The Buyer is fully responsible for providing incorrect information, which resulted in the inability of the Vendor to properly fulfil its obligations to the Buyer.

3. Price and terms of payment

The prices for the Goods on sale on the Platform are in USD net, excluding taxes or charges that may apply to the particular case. The delivery and other applicable costs will additionally apply to the Goods at the time of purchase on the Platform. The transport and other applicable costs will be calculated separately, and the Buyer will be notified of them before the order is confirmed.

The Buyer should calculate additional costs related to the state fees (for example, taxes, customs charges, etc.), and such costs are not displayed on the Platform.

The price of the Goods purchased on the Platforms is the price published from time to time on the Platform. These prices may be subject to changes, which will not however affect the orders already accepted by the Vendor when the changes are introduced.

Any additional custom taxes, duties, fees, imposts, tariffs, and charges that may be raised by particular countries or authorities related to the conclusion or execution of Buyer’s purchase order shall be borne by the Buyer. In the event Vendor is required to pay such charges to any authority, the Buyer shall indemnify and hold harmless Vendor for any such payments.

In the event of obvious errors on the Platform or made in connection with a Buyer’s purchase order, the Vendor reserves the right to correct the error and charge the correct price. In such a situation, the Vendor shall contact the Buyer and offer the Buyer the option of purchasing the Goods at the correct price or canceling the Buyer’s purchase order.

The price is to be paid by PayPal in a single amount in advance as a part of placing a purchase order unless other options are provided by the Vendor. Alternatively, if this option is expressly provided by the Vendor on the Platform or individually the payment may be made using a bank transfer or credit card. Details of the terms of payment that apply at the time the purchase order is made are contained in the “Checkout” page on the Platform. The Vendor reserves the right to exclude or include particular payment methods at any time.

The Goods will remain the property of the Vendor until full payment of all sums due in relation to the sale contract, including, for all Buyers, any interest on arrears and expenses incurred by the Vendor to recover amounts outstanding, unless this is not directly prohibited by the applicable law and cannot be excluded by these Terms and Conditions.

The Buyer may not set off any amounts due whatsoever from the Vendor against amounts due to the Vendor unless expressly allowed and cannot be prohibited by applicable law.

In case of payment by bank transfer or other payment, which was not made in advance, if the prepayment has not been made within 14 days upon receipt of the invoice, the Vendor will have the right to terminate the contract; the right of the Vendor to raise claims for damages on such grounds shall not be affected thereby. In the event of any payment delay, the Vendor shall have the right to charge default interest in the amount of 5% above the base interest rate of the European Central Bank valid at the time. In addition, the Buyer shall be obliged to compensate any reminder costs and collection expenses that have been incurred due to the delayed payment.

4. Promotion and Discounts terms

Unless otherwise directly provided by the certain promotion campaign, the following rules shall be applied for the promotions, discounts, promotional vouchers, and other special approaches for prices (the “Campaign”). The Campaign is:

1. subject to change at any time without prior notification by the Vendor and Vendor reserves the right to at its sole discretion vary, delete or add to any of the terms and conditions contained herein and/or cancel, terminate (including the right to cease the Campaign) or suspend any Campaign, and, in this case, revised Campaign terms (its termination) shall be posted on the emlid.com website in due time;
2. valid for Goods are only available while in stock;
3. valid for a limited time specified in the Campaign and transactions made during this period only (if period is not specified, the Campaign is valid for 24 hours);
4. valid for the limited number of transactions specified in the Campaign (if number is not specified the Campaign shall be applicable for one purchase of one item only);
5. valid for the specified in the Campaign Goods only;
6. valid if the Campaign is published on the emlid.com website only;
7. applicable for the full price Goods only, and
8. applicable on first come first serve basis. The Vendor will only accept transactions that fulfill the Campaign terms.

The Campaign is not valid with any other Campaign, in other words, any promotions, discounts, promotional vouchers, and other special approaches for prices cannot be used in conjunction with any other promotions, discounts, promotional vouchers, and other special approaches for prices. If the Campaign is for a specific Buyer only, it cannot be transferred or applied for another Buyer. Any benefits under the Campaign are non-exchangeable and no cash alternative is offered to the Buyer.

Transactions that are incomplete or fail to abide by the Campaign terms will be automatically disqualified without any further notice. The Vendor reserves the right to disqualify any Discount Offer to the Buyer, in the event that the Vendor believes that the Buyer may have contravened, will contravene, or has contravened any of these terms and/or may bring the Vendor into disrepute.

The Vendor will not be liable and/or be required to offer replacement offers, discounts, credits, cash, or otherwise compensate the Buyer for their inability to benefit from the Campaign.

The Buyer agrees to hold harmless, defend and fully indemnify the Vendor from and against all losses (including loss of opportunity and consequential loss arising therewith), damages, expenses, and all third party actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision, the legal cost of each other, personal injuries, death, loss or destruction of property, rights of publicity or privacy, defamation), awards and damages that may arise as a result of the Campaign.

The Buyer shall be personally responsible for all taxes, rates, government fees, or any other charges that may be levied against the Buyer under applicable laws, if any, in relation to this Campaign.

In the event of inconsistency between the terms in this section of Terms and Conditions and other provisions or terms specified in writing in the certain Campaign, terms and provisions of the respective Campaign shall prevail, except the rule that the Campaign is valid only if the Campaign published on the emlid.com website.

5. Delivery and transport

Unless communicated otherwise by the Vendor, the Goods will be delivered at the Buyer’s address at Buyer’s costs and the Buyer must receive the Goods there. The Goods must be delivered to the Buyer’s address mentioned in the purchase order. The Vendor's obligation to deliver the Goods is considered fulfilled and risk of accidental loss or damage to the Goods passes to the Buyer when the Vendor hands the Goods to a delivery service company, which shall hand the Goods to the Buyer or to a third party specified in the purchase order as the recipient. Buyer or a third party specified in the purchase order as the recipient are collectively referred to as the "Recipient".

The shipping cost of Goods is calculated individually based on the following specification of the ordered Goods: the weight of the Goods, the place of delivery and delivery method, etc. The shipping cost is indicated on the Platform during ordering.

The delivery date and delivery period specified by the Vendor are purely indicative and are not of the essence. It is the date/period indicated in the order confirmation or date/period indicated on the Platform, or, if no delivery date/period has been indicated, the delivery will be fulfilled within a reasonable period from the date of contract formation, except in cases of force majeure, and after the Vendor has received all the documents proving that payment has been made.

If the delivery of the Goods is made within the agreed terms, but the Goods were not delivered to the Buyer for reasons that depend on the Buyer, the subsequent delivery is made within the new terms agreed with the Vendor, after the Buyer pays the cost of delivery services again.

The Vendor does not deliver the Goods in the following countries: Afghanistan, Argentina, Brazil, China, India, Iran, Iraq, Lebanon, Libya, North Korea, Russia, Somalia, South Sudan, Syria. Please note, that the Vendor does not deliver to the above countries due to material external circumstances and reasons. The Buyer understands that the list of countries to which the Vendor does not deliver the Goods is approximate and can be changed from time to time by the Vendor without prior notice to Buyers. The Vendor may reject/cancel the automatically confirmed purchase order if the delivery cannot be made to a certain country (as described in the section “Formation of contract”). The Buyer shall always check with the Vendor whether the delivery of the Goods can be made to the specific country.

In order to avoid cases of fraud, as well as to fulfill the obligations assumed, when delivering prepaid Goods, the person delivering the Goods has the right to request a document proving the identity of the Recipient, as well as specify the type and number of the document provided by the Recipient on the purchase order receipt.

The Recipient checks the appearance and completeness of the Goods, as well as the completeness of the entire purchase order at the time of delivery. The Recipient must immediately inform the Vendor of the apparent defects found in the Goods or incompleteness of the purchase order, otherwise, the Buyer cannot refer to such apparent defects or incompleteness.

The Vendor shall transfer the Goods to the Buyer with the relevant accessories, as well as documents related to the Goods (user manual, etc.).

The Goods may be subject to customs, export control, and other public laws, regulations, and procedures. The Buyer is obliged to comply with the regulations and obligations resulting from these export or import control and other public laws. The Vendor shall not be liable for any and all limitations with regard to the delivery of the Goods resulting from such regulations and reserves the right to withdraw from the purchase contract based on these grounds. The Buyer shall provide the Vendor and delivery service company with all necessary assistance required for customs procedures, export control, and other applicable procedures that may occur, including (but not limited to) provision of necessary documents and information by the Buyer. The Vendor shall not be liable for any delays or unsuccessful results of customs, export control, or other similar proceedings, even if they caused that the Buyer cannot receive the Goods.

6. Warranty and support for Goods.
Limitations and forfeiture. Safety instructions

For Buyers the Vendor's warranty is strictly limited to the replacement or repair, at the sole discretion of the Vendor, of components of the Goods that have material or manufacturing defects and the Buyer thus waives all action for termination or reduction of the price. The warranty on new Goods is 60 days for Navio2 and Reach M+/M2, and 1 year for Reach RS+/RS2 from the date of delivery. Only the parts will be provided free of charge, with the exception in any case of parts subject to wear.

The foregoing is in lieu of any other warranty express, implied or statutory, including the implied warranties or merchant ability and fitness for a particular purpose, all of which other warranties are hereby expressly disclaimed.

In no event shall the Vendor be liable to the Buyer for loss of profits, loss of use, or damages of any kind based upon a claim for breach of warranty.

Warranty applies for Goods that become defective or fail to meet the specifications during the warranty period, provided that the Vendor will not be liable under this warranty unless: (i) the Vendor is promptly notified in writing by the Buyer upon discovery of defects or failure to meet specification within the warranty period, (ii) the Vendor examination of such unit (including remote examination or testing) shall disclose, to its satisfaction, that such defects or failures have not been caused by misuse, neglect, improper installation, repair, alteration, or accident. Examination of Goods may take up to one month. After that, the Vendor provides the Buyer with the answer whether the Goods are subject to warranty or not and instructions in this regard.

If the Goods are subject to warranty and the Vendor decides to replace the Goods, a new unit will be sent by the Vendor within 1 month after the end of the examination free of charge. The time period within which the new unit will be received by the Buyer depends on the delivery service company. The type of delivery will be the same as the Buyer specified when they ordered initial Goods. The type of delivery can be improved by the Buyer for additional fees paid by the Buyer. Any additional custom taxes, duties, fees, imposts, tariffs, and charges that may be raised by particular countries or authorities related to the conclusion or execution of Buyer’s purchase order shall be borne by the Buyer. In the event Vendor is required to pay such charges to any authority, the Buyer shall indemnify and hold harmless Vendor for any such payments.

If the Goods are subject to warranty and the Vendor decides to return the money for the Goods (if replacement is not possible), the money will be sent by the Vendor within 1 month after the end of the examination. The time period within which the money will be credited to the Buyer’s account depends on the Buyer’s bank.

Upon the request of the Vendor, the defective unit shall be returned to the Vendor, transportation prepaid by the Buyer. In such case, the defective units shall be sent by the Buyer to the Vendor no later than four (4) weeks following the day of the Vendor’s request to return the defective Goods. The Buyer must pay themselves for delivery to the Vendor and arrange the shipping process in relation to the return of the Goods received by the Buyer. The Vendor shall not be obliged to compensate any costs and expenses that have been incurred due to such a shipping process.

If the Goods are subject to warranty and the Vendor decides to repair it, it may take up to 1 month. The warranty period will be extended for the period during which the repair was carried out by the Vendor.

At the sole discretion of the Vendor, it may provide other instructions in writing to the Buyer in such warranty case to follow.

The Goods are shipped with a manual containing instructions for their correct use and maintenance unless the specific of the product does not require such manuals. Additional instructions can be found at docs.emlid.com and must be read carefully by the Buyer, too. The warranty provided in this Section will be invalidated in the event of faults, failures, or deficiencies in the Goods that result from the use and/or maintenance that is improper and/or does not conform to the instructions in the manual.

If the Goods are directly installed by the Buyer or by third parties that are not authorized by the Vendor, the Vendor is not liable for damages arising from the incorrect installation of the Goods or installation which does not conform to indications in the user and installation manual or in any other document sent with the Goods or placed at docs.emlid.com.

The Vendor does not carry out the services under warranty in the following countries: Afghanistan, Argentina, Brazil, China, India, Iran, Iraq, Lebanon, Libya, North Korea, Russia, Somalia, South Sudan, Syria. Please note, that the Vendor does not carry out the services in the above countries due to material external circumstances and reasons. The Buyer understands that the list of countries in which the Vendor does not carry out the services under warranty is approximate and can be changed from time to time by the Vendor without prior notice to Buyers. The Buyer shall always check with the Vendor whether the warranty service can be provided in the specific country.

Warranty services only extend to the restoration of the functionality of the Goods, except where the Vendor, at its sole discretion, considers it more convenient to fully replace the Goods or return the money if replacement is not possible.

The Buyers should use the following contacts for warranty and quality issues: email at info@emlid.com or use the contact form at store.emlid.com/contacts/.

7. Vendor’s responsibility

The Vendor guarantees the conformity of the Goods to all the mandatory safety standards imposed by laws, provisions, and regulations in force in Hong Kong.

The Vendor declines all liability for any damage to property and/or injury to persons arising from any use of the Goods that do not conform to the indications in the user manual, instructions, or any other document or notice attached to the Goods/published at docs.emlid.com, as well as damage to property and/or injury to persons arising from the fulfillment of the delivery and/or other services provided by third parties, even if carried out by subcontractors of the Vendor (in such case third parties are liable for any damage in this regard). The Buyer or any other user is expressly asked to read the user manual of the Goods carefully before use, to ensure that it is used correctly, and to strictly comply with the safety regulations displayed.

The Vendor shall not be liable for any indirect damage caused by the Goods (including loss of profits or goodwill). Limitations on the liability of the Vendor do not apply: (a) in the event of the death of or harm to the person caused by gross negligence of the Vendor; (b) in the case of wilful misconduct or gross negligence by the Vendor; (c) in any other circumstance which, according to law, does not allow for limitations on liability.

The Buyer must carefully read the description of the Goods and ask additional questions (if any) before the purchase. The Vendor is not responsible for any discrepancy between the provided Goods and the Buyer's expectations and/or subjective evaluation. The mismatch of the Buyer’s expectations and/or negative subjective evaluation is not grounds to consider Goods as inappropriate or defective and not subject to warranty terms.

The Vendor does not oblige to pay for any of the costs or arrange any part of the shipping process in relation to the return of the Goods received by the Buyer, including cases subject to warranty.

In case of any disputes regarding the Goods or their quality, such Goods are subject to expert evaluation.

To the maximum extent permitted by applicable law, the aggregate liability of the Vendor and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Goods will be limited to an amount of the purchase order, but in any way, the aggregate liability may not be greater than 500 (five hundred) dollars.

8. Right of cancellation of Buyers

Money will be refunded by the Vendor and the purchase contract terminated if the Buyer cancels its purchase order during the first 2 hours after it was made. Such cancellation can be made by the Buyer for no reason. In other cases, the Buyer cannot cancel the purchase order or terminate the purchase agreement.

9. Forces beyond the Vendor's control

The Vendor is not liable for failure to fulfill its obligations under these Terms and Conditions due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of Buyer, operational disruptions, man-made or natural disasters, epidemic medical crises, materials or Goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or Goods through regular sources).

10. Applicable law. Competent Court

These Terms and Conditions are governed by the laws of England and Wales. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. In the event of any inconsistency between these Terms and Conditions and the applicable local laws, that cannot be excluded (for example, in case of regulation as know as “public order clauses”) compliance with the local laws prevails to the extent which is obligatory and cannot be excluded by these Terms and Conditions.

The Court of Arbitration of the Hungarian Chamber of Commerce shall have sole jurisdiction in respect of any dispute between the Buyer and the Vendor in relation to these Terms and Conditions or to any contract made between said parties.

11. Communications

For more information, or to make a complaint, the Buyer may send an email to the following address: info@emlid.com or contact the Vendor at store.emlid.com/contacts/. Alternatively, the Buyer can write by ordinary post to: Emlid Tech Kft., Ráday utca 33/A 1st floor 3rd door, 1092, Budapest, Hungary.

12. Miscellaneous

The Vendor may assign, transfer or otherwise dispose of its rights and obligations under the purchase contract with the Buyer, in whole or in part, at any time without notice to the Buyer. The Buyer may not assign the purchase contract or transfer any rights hereunder.

If any part of these Terms and Conditions is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.

The Vendor reserves the right to amend these Terms and Conditions at any time, effective upon posting of an updated version of these Terms and Conditions on the emlid.com website. Changes shall apply to new purchase contracts only concluded after such changes.

1. Introduction

These terms and conditions (hereinafter - “Terms and Conditions”) govern all use of apps and related online services between Emlid Tech Kft., which has its registered address at Ráday utca 33/A 1st floor 3rd door, 1092, Budapest, Hungary, (hereinafter the “Emlid”) and the user of the apps and related online services provided by Emlid (hereinafter the “User”).

On the Google Play Store or Apple Store, the User or its representative can download and/or use the ReachView app or other Emlid’s app (hereinafter collectively - “App”). The App is a mobile Software-as-a-Service (SaaS) solution, that helps users to navigate the goods sold by Emlid (hereinafter – “Goods”) and to capture data. App operates on a smartphone or tablet of the User, which downloads the App.

The App may provide the opportunity for registration in the App, the registered User remains registered until the registered User decides to unregister in the App.

The App gives the Users access to the services, which help to work with the Goods (hereinafter – “Service”). Access to the Service requires the use of a compatible Emlid’s product or a device for accessing the mobile or landline network (tablet, smartphone, PC, Emlid’s Goods connected to the Internet, etc.). The Service and the App can only be used with compatible Goods.

The App used to deliver the Services remotely will be managed in accordance with the Privacy Policy, which can be accessed here store.emlid.com/legal. It will be submitted to the User for acceptance, upon first access of the App activated by the User.

The Service allows access to Emlid’s content in the App or to content, services, and subscription plans offered by third parties in addition to Emlid’s content. Certain subscription plans, or access to third-party content, may involve conditions or limitations. These will be made known at the time of activation, or through another form of communication. Emlid does not have any control over those non-Emlid software, apps, content, products, or services and is not responsible for their contents or their use. By using non-Emlid software, apps, content, products, or services, Emlid does not represent or imply that it endorses such software, apps, content, products, or services. The User is responsible for taking precautions as necessary to protect themselves and their computer systems from viruses, worms, Trojan horses, and other harmful or destructive content or products. Emlid disclaims any responsibility for any harm, damages, or other liability resulting from their use of non-Emlid software, apps, content, products, or services.

2. Suspension​/​Interruption​/​Amendments

Access to the Service and App may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required, or for any other reasons beyond Emlid’s reasonable control. Emlid also reserves the right to interrupt access to the Service and App at any time, including without prior warning, if these Terms and Conditions and/or the conditions for the provision of the Service are breached. Nevertheless, Emlid shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of Service or access to the App.

Emlid shall make reasonable efforts to ensure that the information published in the App and/or provided as part of the Service is correct; although Emlid cannot make any guarantees that this information is accurate and complete. Emlid may change the content or the descriptions of products and/or the Service and/or the features available and any other aspect of the App and/or Service at any time, including without prior warning. Emlid shall not accept any obligations or commitments to update the content and material published on the App or provided as part of the Service.

3. User’s responsibility

All Users are responsible for activating and maintaining all the agreements and services that enable access to the App and/or Service. All Users accept all obligations and responsibilities for any adaptation of their hardware, software, or other equipment, or for the repair, maintenance, or correction of this equipment necessary to use the features of the Service provided by Emlid.

4. Password and access to the account

The registered User has control of and access to their data and the devices compatible with Goods used to access such data and is responsible for all the activities carried out on the account. Each registration in the App and Service is only valid for one registered User. Some functions of the App and Service are available without registration of the account. In this case, the User is also responsible for all the activities carried out by the User. To maintain control of the account and prevent anyone else from accessing it (or from accessing personal or sensitive data), the account holder must keep control of Emlid-compatible devices used to access the Service, and must not disclose the password to anyone else, nor the details of the payment method associated with the account. It is the responsibility of the registered and unregistered Users to update the information supplied in relation to the Service and App, and to make sure that the details are up-to-date and accurate. Emlid will not be liable for any acts or omissions by User, including any damages of any kind incurred as a result of such acts or omissions. Emlid may close or suspend access to the Service in order to protect the registered or unregistered User, Emlid, its partners, or any third party from identity theft or other fraudulent activity.

5. Price and methods of payment

Basic functions of the Service and App are provided free of charge. At the same time, Emlid may establish a fee for the additional options in the course of using Service or App (hereinafter “paid options”). In such case, the User may either do not buy additional options and use the basic functions only OR agree, pay the established by Emlid fees, and receive access to such paid options (hereinafter “paid subscription”).

On activating the paid subscription, the User must indicate one or more “methods of payment”. “Method of payment” means a valid method of payment that is accepted in the App. The method of payment may be modified during the course of the paid subscription. Unless the User terminates the paid subscription before expiry, Emlid is authorized to debit the paid subscription charge for the following month, using the chosen payment method. The available methods of payment may also be updated according to the data and instructions of the payment services providers. Following each update, Emlid is authorized to utilize the available payment methods to debit the paid subscription charge, and the User remains responsible for any unpaid charges. If a debit is unsuccessful, for example, due to lack of funds or for any other reason, and if the subscription is not properly terminated, access to the paid options of the Service may be blocked until such time as the debit is successfully completed using a valid payment method. The issuer may charge a commission, for certain payment methods. The taxes levied may vary, depending on the payment method used. For more details, check with the provider of the chosen payment service.

The paid subscription charge for accessing the paid options of the Service and any other costs relating to the use of the paid options of the Service, for example, taxes or commission will be charged monthly, via the chosen payment method, on the day corresponding to the start of the payment period or on the day immediately following, if there is no corresponding day at the time of renewal.

Any paid subscription may be terminated at any time. Where permitted by law, payments may not be refunded and no reimbursements or credits will be granted in respect of partial use of paid options of the Service, or unused paid options. To view the details of their subscription or to terminate it, the User must visit the personal billing area of their account.

Emlid may vary the paid subscription plans or paid subscription prices; however, any changes will only take effect after at least 30 days’ notice has been given. Notification will be sent to the email registered for the account.

6. Conditions and restrictions on use

To use the App and Service, the User must have reached the age of legal majority.

The App only gives a limited right of access to the Service which is non-exclusive and non-transferable. Except for the foregoing, no other right, title, or interest is transferred by virtue of these Terms and Conditions.

Usage of the Service and App, including all the associated functions and functionalities, is only permitted in accordance with the applicable laws, regulations, and standards and with any other limitation on the use of the service or content. The content and any material purchased or used through the Service and/or with the App may not be kept, reproduced, distributed, modified, exhibited, published, granted under license, or utilized to generate derived works to be offered for sale or otherwise utilized. The protections on the App may not be evaded, removed, altered, deactivated, impaired, or blocked; the use of robots, spiders, scrapers, or other automated tools to access the Service and/or the related service is prohibited; the decompilation, reverse engineering or de-assembly of any software or other product/work/process accessible through the service that makes the Service available, is prohibited; the insertion of any code or product or manipulation of the App or the utilization of any data mining method, data harvesting or extraction method, is prohibited.

All users are strictly prohibited from uploading, posting, sending by email, or otherwise transmitting any material that is designed to interrupt, destroy or limit the functionality of any software, hardware, or telecommunications terminal associated with the App and/or to the Service, including viruses and any other code, file or program. Emlid may limit or interrupt the use of the Service in the event that these Terms and Conditions are breached, or if the service is used illegally or fraudulently.

The quality of the Service may be influenced by a series of factors such as geographical location, available bandwidth, or Internet connection speed. All costs of accessing the Internet will be payable by the User. Users are asked to check with their Internet service provider, regarding the amount debited for the consumption of data. The time required to start viewing the Service may vary depending on a series of factors, including geographical location, available bandwidth, and the selected content.

The software used to provide the Service has been developed by or on behalf of Emlid and is designed to allow the Service to be viewed on compatible devices by the App. The software may vary depending on the device, and the functionality or functions may be different, depending on the device. It is also possible that the use of the Service requires the use of third-party software which is subject to license conditions stipulated by third parties. The User shall always check whether the User’s device is compatible with the App. However, even in this case App due to some specific technical aspects may not work properly and Emlid shall not be liable for such cases.

When receiving access to the Service, the User agrees to automatically receive updates of the software of Emlid and of third parties.

Personal data is processed in accordance with the Privacy Policy of Emlid, which is available at: store.emlid.com/legal

7. Discontinuation of Services

Emlid has the right to discontinue any Service (or associated material functionality) at any time after prior notification. In this case, Emlid shall notify the User about this at least 1 month before discontinuing any Service (or associated material functionality) unless Emlid replaces such discontinued Service or functionality with a materially similar Service or functionality. Nothing in this Section (Discontinuation of Services) limits Emlid's ability to make changes required to comply with applicable law, address a material security risk, or avoid a substantial economic or material technical burden. Emlid shall be released from all liability for any damage or loss, including loss of data, resulting from such discontinuation of Services.

8. Intellectual property rights and licensing conditions

Unless specified otherwise under these Terms and Conditions or under certain conditions of the specific Service accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the content or aspects of the App and/or Service belong to Emlid or/and to its licensors. These works are protected by national and international copyright law and by existing international treaties. All rights over these works are expressly reserved. Any use is prohibited of the content of the App and/or Service which has not been expressly granted by these Terms and Conditions or by a specific purchase order of the Service. If any of these Terms and Conditions are breached, Emlid reserves the right to ban the use of the App and Service and to request the immediate return or destruction of any material printed or downloaded from the App or as a result of using Service.

Subject to compliance with these Terms and Conditions and with any conditions for the provision of the Service, Users may print or download certain extracts from the App strictly for personal use, provided that:

• no documents or graphics are altered in any way;
• no illustrations, photographs, videos, audio clips, or any other graphics are used separately from the reference text;
• the copyright declaration (copyright © Emlid) and the trademark declarations (® or ™) are attached to every copy made.

Notwithstanding the above, no part of the contents of the App or Service may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from Emlid.

Emlid name, Emlid logo, and any other Emlid’s logo and product or service name are or may be trademarks owned by Emlid (“Emlid Trademarks”) or by third parties. Using or displaying Emlid Trademarks without Emlid’s prior written consent is prohibited.

No property rights or any other owned or licensed rights are granted over extracts or any other material taken from the App or Service. With the sole exception of the above, all rights are reserved.

Any use of the Service or App other than that permitted under these Terms and Conditions or the relative conditions for the provision of the Service, without prior written authorization, is expressly prohibited and shall result in the withdrawal of any licenses granted according to these Terms and Conditions. Such unauthorized use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws, and other legislation on the communication or protection of personal data. Emlid reserves the right to suspend the accounts of Users who are believed to have breached applicable laws or regulations. Without prejudice to the express provisions of these Terms and Conditions or the conditions for the provision of the Service, under no circumstances should it be understood that licenses for intellectual property rights have been implicitly or conclusively granted. All licenses may be withdrawn at any time and on any grounds.

9. Liability restrictions

The software used in the App and related to the Service is provided by Emlid and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Emlid or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. To the maximum extent permitted by applicable law, the aggregate liability of Emlid and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Service will be limited to an amount of the ordered Service, but in any way, the aggregate liability may not be greater than 500 (five hundred) dollars. The limitations and exclusions also apply if this remedy does not fully compensate the User for any losses or fails of its essential purpose.

10. Online communications

All information about the User’s account (such as payment authorizations, invoices, password changes, changes of payment method, confirmations, or notifications) will only be sent in electronic format, to the email address used at the time of registration on the account.

11. Amendments to conditions of use

Emlid may vary these Terms and Conditions. Emlid reserves the right to modify these Terms and Conditions or its terms relating to the Service or Apps at any time, effective upon posting of an updated version of these Terms and Conditions on the website.

12. Forces beyond Emlid's control

Emlid is not liable for failure to fulfill its obligations under these Terms and Conditions due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of User, operational disruptions, man-made or natural disasters, epidemic medical crises, materials, or goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or goods through regular sources).

13. Applicable law. Competent Court

The formation, interpretation, and performance of these Terms and Conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Budapest, Hungary, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms and Conditions.

14. Communications

For more information, or to make a complaint, the User may send an email to the following address: info@emlid.com or contact Emlid at store.emlid.com/contacts/. Alternatively, the User can write by ordinary post to: Emlid Tech Kft., Ráday utca 33/A 1st floor 3rd door, 1092, Budapest, Hungary.

15. Miscellaneous

Emlid may assign, transfer or otherwise dispose of its rights and obligations under these Terms and Conditions, in whole or in part, at any time without notice to you. The User may not assign or transfer any rights hereunder.

If any part of these Terms and Conditions is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.

If you wish to terminate these Terms and Conditions or your account (if you have one), you may simply discontinue using the App and Service and delete your account. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

1. General provisions

The following terms and conditions (the “Terms of Service”) govern all use of the Caster Cloud Service and all content and services available at or through the Caster Cloud Service and related to its services and products (taken together, the “Services”) on the Emlid’s website caster.emlid.com (the “Platform”). The Services are owned and operated by Emlid Tech Kft., which has its registered address at Ráday utca 33/A 1st floor 3rd door, 1092, Budapest, Hungary, (hereinafter the “Emlid”, "we", "us" or "our").

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, emlid.com’s Privacy Policy and Community Guidelines in particular located on https://community.emlid.com/faq) and procedures that may be published from time to time on the Emlid’s websites.

These Terms of Service are legally binding between you ("User", "you" or "your") and Emlid. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of these Terms of Service. If you are entering into these Terms of Service on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms of Service, you must not accept these Terms of Service and may not access and use the Services. You acknowledge that these Terms of Service are a contract between you and Emlid, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

The Services may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. Emlid’s technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to Users.

You must be at least 18 years of age to use the Services unless otherwise is permitted by applicable local legislation. By using the Services and by agreeing to these, unless otherwise is permitted by applicable local legislation you warrant and represent that you are at least 18 years of age or age which is permitted by applicable local legislation.

The essence of the Services is data exchange between different User’s devices and access to data from different devices. All this data is required for the Services to function and for us to improve and administer its work. Once you agree and want to use our Services, you allow us to process data and other information according to these Terms of Service and Privacy Policy. The legal ground for data processing is these Terms of Service under which you use the Services.

2. Your emlid.com account (“Account”)

If you create the Account, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and content you upload. To maintain control of the Account and prevent anyone else from accessing it (or from accessing personal or sensitive data), the account holder must keep control of the to access the Service, and must not disclose the password to anyone else, nor the details of the payment method (if applicable) associated with the Account. You must immediately notify Emlid of any unauthorized uses of your account or any other breaches of security. Emlid will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Each registration to the Services is only valid for one registered User. It is the responsibility of the registered User to update the information supplied in relation to the Services and to make sure that the details are up-to-date and accurate. Emlid may close or suspend access to the Account in order to protect the registered User, Emlid, its partners, or any third party from identity theft or other fraudulent activity.

3. Price and methods of payment

Basic functions of the Services are provided free of charge on the Platform. At the same time, Emlid may establish a fee for the additional options in the course of using Services (hereinafter “paid options”). In such case, you may either do not buy additional options and use the basic functions only OR agree, pay the established by the Emlid fees, and receive access to such paid options (hereinafter “paid subscription”).

On activating the paid subscription, you must indicate one or more “methods of payment”. “Method of payment” means a valid method of payment that is accepted on the Platform. The method of payment may be modified during the course of the paid subscription. Unless you terminate the paid subscription before expiry, Emlid is authorized to debit the paid subscription charge for the following month, using the chosen payment method. The available methods of payment may also be updated according to the data and instructions of the payment services providers. Following each update, Emlid is authorized to utilize the available payment methods to debit the paid subscription charge, and you remain responsible for any unpaid charges. If a debit is unsuccessful, for example, due to the lack of funds or for any other reason, and if the subscription is not properly terminated, access to the paid options of the Services may be blocked until such time as the debit is successfully completed using a valid payment method. The issuer may charge a commission, for certain payment methods. The taxes levied may vary, depending on the payment method used. For more details, check with the provider of the chosen payment service.

The paid subscription charge for accessing the paid options of the Services and any other costs relating to the use of the paid options of the Services, for example, taxes or commission will be charged monthly, via the chosen payment method, on the day corresponding to the start of the payment period or on the day immediately following, if there is no corresponding day at the time of renewal.

Any paid subscription may be terminated at any time. Where permitted by law, payments may not be refunded and no reimbursements or credits will be granted in respect of partial use of paid options of the Services, or unused paid options. To view the details of your subscription or to terminate it, visit the personal billing area of your account.

Emlid may vary the paid subscription plans or paid subscription prices; however, any changes will only take effect after at least 30 days’ notice has been given. Notification will be sent to the email registered for the Account.

4. Suspension​/​Interruption​/​Amendments

Access to the Services may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required, or for any other reasons beyond Emlid’s reasonable control. Emlid also reserves the right to interrupt access to the Services at any time, including without prior warning, if these Terms of Service and/or the conditions for the access to the Services are breached. Nevertheless, Emlid shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of access to the Services.

Emlid shall make reasonable efforts to ensure that the information published on the Platform related to the Services is correct; although Emlid cannot make any guarantees that this information is accurate and complete. Emlid may change the content on the Platform and/or the features available and any other aspect of the Services at any time, including without prior warning. Emlid shall not accept any obligations or commitments to update the content and material published on the Platform.

5. Discontinuation of Services

Emlid has the right to discontinue any Services (or associated material functionality) at any time after prior notification. In this case, Emlid shall notify the User about this at least 1 month before discontinuing any Services (or associated material functionality) unless Emlid replaces such discontinued Services or functionality with a materially similar Services or functionality. Nothing in this Section (Discontinuation of Services) limits Emlid's ability to make changes required to comply with applicable law, address a material security risk, or avoid a substantial economic or material technical burden. Emlid shall be released from all liability for any damage or loss, including loss of data, resulting from this discontinuation of Services.

6. User’s responsibility

Emlid does not own any data, information, or material (collectively, "User’s Content") that you submit on the Platform or otherwise in the course of using Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted User’s Content. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any User’s Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

By uploading, submitting, or transferring the User’s Content in the course of using Services, you represent and warrant that:

• uploading, copying, and use of the User’s Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to upload the User’s Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the User’s Content, and have done all things necessary to successfully pass through to end users any required terms;
• the User’s Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
• the User’s Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the User’s Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your User’s Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
• your User’s Content is in compliance with all the applicable laws, regulations and standards and does not contain anything illegal;
• your User’s Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
• you have, in the case of User’s Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Emlid or otherwise.

You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

You agree to indemnify and hold Emlid and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your User’s Content, your use of the Services or any willful misconduct on your part.

7. Unsolicited Ideas

Emlid or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, services or technologies, product or service enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Emlid or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Emlid’s products or marketing strategies might seem similar to ideas submitted to Emlid. If, despite our request that you not send us your ideas, you still submit them, the following terms shall apply to your submissions.

You agree that:

1. your submissions and their contents will automatically become the property of Emlid, without any compensation to you;
2. Emlid may use or redistribute the submissions and their contents for any purpose and in any way;
3. there is no obligation for Emlid to review the submission; and
4. there is no obligation to keep any submissions confidential.

Emlid does, however, welcome your feedback regarding Emlid’s products and services. If you wish to send us your feedback, please provide only specific feedback on Emlid’s existing products, services or marketing strategies; do not include any ideas that Emlid’s policy will not permit it to accept or consider.

Any feedback you provide at this site shall be deemed to be non-confidential. Emlid shall be free to use such information on an unrestricted basis.

8. Conditions and restrictions on use

The Platform only gives a limited right of access to the Services and license is non-exclusive and non-transferable. Except for the foregoing, no other right, title or interest is transferred by virtue of these Terms of Service.

Usage of the Services, including all the associated functions and functionalities, is only permitted in accordance with the applicable laws, regulations and standards, and with any other limitation on the use of the service or content. The content and any material purchased or used through the Services may not be kept, reproduced, distributed, modified, exhibited, published, granted under licence or utilised to generate derived works to be offered for sale or otherwise utilised. The protections on the Platform may not be evaded, removed, altered, deactivated, impaired or blocked; the use of robots, spiders, scrapers or other automated tools to access the Services and/or the related service is prohibited; the decompilation, reverse engineering or de-assembly of any software or other product/work/process accessible through the service that makes the Platform or Services available, is prohibited; the insertion of any code or product or manipulation with the Platform or Services or the utilisation of any data mining method, data harvesting or extraction method, is prohibited.

All Users are strictly prohibited from uploading, posting, sending by email or otherwise transmitting any material that is designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications terminal associated with the Services or Platform, including viruses and any other code, file or program. Emlid may limit or interrupt the use of the Services in the event that these Terms of Service are breached, or if the Services are used illegally or fraudulently.

The quality of the Services and Platform may be influenced by a series of factors such as geographical location, available bandwidth, or Internet connection speed. All costs of accessing the Internet will be payable by the User. Users are asked to check with their Internet service provider, regarding the amount debited for the consumption of data. The time required to start viewing the Platform may vary depending on a series of factors, including geographical location, available bandwidth and the selected content.

The software used to provide the access to the Services and Platform has been developed by or on behalf of Emlid and is designed to allow the Services to be viewed on compatible devices. The software may vary depending on the device, and the functionality or functions may be different, depending on the device. It is also possible that the use of the Services and Platform requires the use of third-party software which is subject to licence conditions stipulated by third parties. The User must always check the technical requirements prior to receiving access to the Services that the Services will be worked properly with compatible devices, hardware and software. Even if technical requirements are in compliance with User’s devices, hardware and software, Emlid does not guarantee that Services and Platform will always work properly, because there are a lot of technical aspects of the User’s devices, hardware and software that may prevent to receive Services correctly and in this case Emlid does not bear any responsibility.

When receiving access to the Services the User agrees to automatically receive updates of the software of Emlid and of third parties.

Personal data is processed in accordance with the Privacy Policy of Emlid, which is available at: https://emlid.com/legal/.

9. Content posted in other websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Services and Platform to which the Platform links, and that link to Platform. Emlid does not have any control over those non-Platform websites and webpages, and is not responsible for their contents or their use. By linking to a non-Platform website or webpage, Emlid does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Emlid disclaims any responsibility for any harm resulting from your use of non-Platform websites and webpages.

10. Intellectual property rights
and licensing conditions

Unless specified otherwise under these Terms of Service or under certain conditions of the specific section of the Services accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the content or aspects of the Services and Platform belong to Emlid or/and to its licensors. These works are protected by national and international copyright law and by existing international treaties. All rights over these works are expressly reserved. Any use is prohibited of the content of the Services and Platform which has not been expressly granted by these Terms of Service. If any of these Terms of Service are breached, Emlid reserves the right to ban the use of the Services and Platform and to request the immediate return or destruction of any material printed or downloaded from the Platform or as a result of using Services and Platform.

Subject to compliance with these Terms of Service and with any conditions for the provision of the access to the Services, Users may print or download certain extracts from the Platform strictly for personal use, provided that:

• no documents or graphics are altered in any way;
• no illustrations, photographs, videos, audio clips or any other graphics are used separately from the reference text;
• the copyright declaration (copyright© Emlid) and the trademark declarations (® or ™) are attached to every copy made.

Notwithstanding the above, no part of the contents of the Platform may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from Emlid.

Emlid name, Emlid logo, and any other Emlid’s logo and product or service name are or may be trademarks owned by Emlid (“Emlid Trademarks”) or by third parties. Using or displaying Emlid Trademarks without Emlid’s prior written consent is prohibited.

No property rights or any other owned or licensed rights are granted over extracts or any other material taken from the Services. With the sole exception of the above, all rights are reserved.

Any use of the Services and Platform other than that permitted under these Terms of Service, without prior written authorization, is expressly prohibited and shall result in the withdrawal of any licenses granted according to these Terms of Service. This unauthorized use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws, and other legislation on the communication or protection of personal data. We reserve the right to suspend the accounts and access of Users who we believe have breached applicable laws or regulations. Without prejudice to the express provisions of these Terms of Service or the conditions for the provision of the access to the Services and Platform, under no circumstances should it be understood that licenses for intellectual property rights have been implicitly or conclusively granted. All licenses may be withdrawn at any time and on any grounds.

Emlid reserves the right to display attribution links such as ‘Powered by emlid.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the emlid.com toolbar may not be removed regardless of upgrades purchased.

11. Liability restrictions

The software used on the Platform and/or related to the Services is provided by Emlid and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. Neither Emlid nor its suppliers and licensors make any warranty that the Services and/or Platform will be error-free or that cess thereto will be continuous or uninterrupted.

To the fullest extent permitted by applicable law, in no event shall Emlid (including its affiliates, directors, officers, employees, agents, suppliers, and licensors) or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software and Services and/or Platform, even if advised of the possibility of such damage. To the maximum extent permitted by applicable law, the aggregate liability of Emlid and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services and/or Platform will be limited to an amount of the ordered Services (paid options), but in any way, the aggregate liability may not be greater than 500(five hundred) dollars. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

12. Online communications

All information about the User’s Account and Services will only be sent in electronic format, to the email address used at the time of registration on the account.

13. Amendments to conditions of use

Emlid may vary these Terms of Service. We reserve the right to modify these Terms of Service or its terms relating to the Services at any time, effective upon posting of an updated version of these Terms of Service on the Platform.

14. Forces beyond Emlid's control

Emlid is not liable for failure to fulfill its obligations under these Terms of Service due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of User, operational disruptions, man-made or natural disasters, epidemic medical crises, materials or goods shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or goods through regular sources).

15. Termination

The User may stop using the Services at any time. The User may terminate these Terms of Service at any time by deleting the Account. In this case, all information linked to this Account will be deleted by Emlid and cannot be recovered.

If the Terms of Service are terminated, then all rights and access to the Services will terminate (including access to User’s data and content, if applicable), unless otherwise described in these Terms of Service. The User shall take into account consequences related to the paid subscription in case of termination (see Section ”Price and methods of payment”). All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Applicable law. Competent Court

The formation, interpretation, and performance of these Terms of Service and any disputes arising out of it shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Budapest, Hungary, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms of Service.

17. Communications

For more information, or to make a complaint, the User may send an email to the following address: info@emlid.com or contact Emlid at store.emlid.com/contacts/. Alternatively, the User can write by ordinary post to: Emlid Tech Kft., Ráday utca 33/A 1st floor 3rd door, 1092, Budapest, Hungary.

18. Miscellaneous

Emlid may assign, transfer or otherwise dispose of its rights and obligations under these Terms of Service, in whole or in part, at any time without notice to you. The User may not assign or transfer any rights hereunder.

If any part of these Terms of Service is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. In this case, the invalid or ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or ineffective provision.

1. Agreement

By signing up to be an Affiliate in the Emlid Store Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Emlid Store reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

2. Account Terms

• you must not be a dealer of Emlid;
• you must be 18 years or older to be part of this Program;
• you must be a human. Accounts registered by “bots” or other automated methods are not permitted;
• you must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process;
• your login may only be used by one person – a single login shared by multiple people is not permitted;
• you are responsible for maintaining the security of your account and password. Emlid Store cannot and will not be liable for any loss or damage from your failure to comply with this security obligation;
• you are responsible for all Content posted and activity that occurs under your account;
• one person or legal entity may not maintain more than one account;
• you may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
• you may not use the Affiliate Program to earn money on your own Emlid Store product accounts.

3. Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We can provide you with guidelines, link styles, and graphical artwork to use in linking to Emlid Store. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Emlid Store. You must ensure that each of the links between your site and the Emlid Store properly utilizes such special link formats. Links to the Emlid Store placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.”

You will earn referral fees only with respect to sales on a Emlid Store product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

4. Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to store.emlid.com and complete an order for a product during that session.

We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

5. Identifying yourself as a Emlid Store Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Emlid Store or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

6. Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following monht after you’ve crossed the threshold.

7. Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

8. Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.

For example, you will be solely responsible for:

• the technical operation of your site and all related equipment;
• ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site);
• the accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links);
• ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
• ensuring that materials posted on your site are not libelous or otherwise illegal;
• ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

9. Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

10. Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to store.emlid.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Emlid Store reserves the right to end the Program at any time. Upon program termination, Emlid Store will pay any outstanding earnings accrued above $20.

11. Termination

Emlid Store, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Emlid Store service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Emlid Store reserves the right to refuse service to anyone for any reason at any time.

12. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

13. Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

14. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Emlid Store will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

15. Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

16. Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

17. Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Emlid Store to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Emlid Store and govern your use of the Service, superceding any prior agreements between you and Emlid Store (including, but not limited to, any prior versions of the Terms of Service).