Terms and Conditions for Online Service and Apps
Last updated: December, 2021
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 Esztergomi út 31-39. HUB3. ép. 5. em. 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 hk.store.emlid.com/pages/emlid-privacy-policy. 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: hk.store.emlid.com/pages/emlid-privacy-policy.
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 hk.store.emlid.com/pages/contacts. Alternatively, the User can write by ordinary post to: Esztergomi út 31-39. HUB3. ép. 5. em., 1138 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.
