Website Terms and Conditions

Last updated: December, 2021

 

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 Esztergomi út 31-39. HUB3. ép. 5. em. 1138, 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 eu.store.emlid.com/pages/contacts/. Alternatively, the User can write by ordinary post to: Emlid Tech Kft., Esztergomi út 31-39. HUB3. ép. 5. em. 1138, 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.