Emlid Caster Terms of Service
Last updated: December, 2021
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").
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.
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.
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:
- your submissions and their contents will automatically become the property of Emlid, without any compensation to you;
- Emlid may use or redistribute the submissions and their contents for any purpose and in any way;
- there is no obligation for Emlid to review the submission; and
- 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.
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).
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.
For more information, or to make a complaint, the User may send an email to the following address: email@example.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.
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.