Aqua Drones Ltd operates a service which uses multiple UK suppliers, we adhere fully to their import responsibilities as the respective UK product owners.

Products sold by Aqua Drones are subject to the respective manufacturer / importer inspection upon return.

Respective Terms and Conditions are listed below:

Returns Policies

Returns TNS

These terms and conditions of sale (“Terms”) set forth the terms and conditions that apply to all purchases and orders by Buyer and sales by TNS of products and services by means of a purchase order or similar document (“Order”) issued by Buyer to TNS.

THESE STANDARD TERMS AND CONDITIONS OF SALE WILL REMAIN IN FORCE UNTIL A MASTER AGREEMENT IS EXCUTED BY THE PARTIES. THE MASTER AGREEMENT SHALL SUPERSEDE THESE TERMS AND CONDITIONS OF SALE.

1. DEFINITIONS

A. “Buyer” means the party listed on the Order and placing the order;

B. “Incoterms” means an Incoterm as defined by the International Chamber of Commerce in its publication, Incoterms 2010; ICC Official Rules for the Interpretation of Trade Terms.

C. “Order” means a written or electronically transmitted purchase order from Buyer to TNS for Products that has been accepted by TNS and includes a description of the Products; and

D. “Products” means the products and/or services requested by Buyer pursuant to the Order.

E.“Designated Location” means the TNS facility at Unit 5 Keypoint Business Park, Rosemount Industrial Estate, Ballycoolin Road, Dublin 11 Ireland or such other location as TNS indicates in writing to Buyer in advance of delivery or proposed return;

F. “Specifications” means the manufacturer specifications included with the Product.

G. TNS” means TNS Connect with its registered office located at Unit 5 Keypoint Business Park, Rosemount Industrial Estate, Ballycoolin Road, Dublin 11 Ireland;

H. “Terms” means these terms and conditions of sale;

I. “Quotation” means pricing quotations in writing provided by TNS to the Buyer from time to time, with such quotations being exclusive of value added tax and duties unless otherwise stated and being valid for a period of 5 days after first provided.

2. QUOTATIONS, ORDERS AND TERMS

2.1 TNS accepts Orders on these Terms and no others. These Terms set out all of the rights and obligations of the Buyer and TNS. An Order, confirmation or other response or communication from Buyer which contains any additional, different or inconsistent terms will be considered only as an acceptance of the Terms; and such additional, different or inconsistent terms shall not be binding on TNS without TNS’s express written consent.

2.2 No Order is binding on TNS until it is accepted by TNS. Acceptance shall occur on the earlier of (i) written confirmation from TNS confirming that the Order has been accepted and (ii) the delivery of the Order. A Quotation or the advertisement of the Products is not an offer to sell but an invitation to the Buyer to order. Once an Order is accepted by TNS it may not be cancelled by the Buyer.

2.3 Where the price of the Product is specified online, such price is only valid as of the time of publication and is subject to change until the Order is accepted by TNS.

2.4 From time to time certain Products, despite being advertised as available on the TNS website or despite an Order being accepted by TNS, may not in fact be available to TNS for sale to the Buyer. TNS will use all reasonable endeavors to supply all Orders it has accepted however reserves the right to cancel an Order or deliver part only of an Order notwithstanding that TNS has accepted the Order. TNS will inform the Buyer in advance in the event it can only deliver part of an Order and Buyer reserves the right to cancel the Order where the quantity TNS proposes to deliver is over fifty percent (50%) less than the original quantity that TNS accepted on the Order.

2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acknowledgement of order, invoice or other document or information issued by TNS shall be subject to correction without any liability on the part of TNS.

2.6 Any statement or information including (without limitation) any specification, application, technical advice or other advice given by TNS in respect of the Products prior to, at the time of or after an Order has been placed, is given without responsibility and where the Buyer issues an Order for Products the Buyer expressly warrants to TNS that it has taken and relied upon independent professional advice as to the matters provided for herein (even if as a matter of fact, it has not taken any such advice).

2.7 Buyer agrees that it will purchase and pay for the specified minimum Product quantities, if any, as specified on the Quotation.

3. PRICE AND PAYMENT

3.1 Buyer agrees to pay the price stipulated in the Quotation or advertised on the TNS website and confirmed by TNS on acknowledgement of the Order. Unless expressly agreed otherwise in writing by TNS, all prices are exclusive of applicable taxes, duties, all storage fees, shipping charges, handling charges, taxes and duties. Unless otherwise expressly agreed in writing by TNS, all Product delivery is based on Incoterms DAP to the Buyer location specified. Delivery charges from TNS to Buyer will be charged for providing delivery. Where TNS expressly agrees in writing to deliver the Products otherwise than on a DAP basis to Buyer agreed location, the Buyer shall be liable to pay TNS additional charges for transport, packing, handling, customs duties and insurance. Additional expenses may, at TNS’s discretion, be invoiced separately and will be subject to these Terms.

3.2 TNS will invoice for the Products in advance of delivery and require payment in full prior to delivery. Where TNS expressly agrees in writing that payment does not have to occur in advance of delivery, payment terms are thirty days (30) net from the date on the invoic

e.

3.3 The Buyer may not withhold any payment for any reason and may not withhold or apply any set off or counterclaim no matter how it arises.

3.4 The Buyer agrees to pay a charge on all amounts past due at a rate of 1.5% per month (18% annually) of the outstanding amount or the maximum lawful rate, whichever is less. If the Buyer fails to make payment when due, TNS reserves the right to suspend performance of delivery of Products.

3.5 TNS may demand immediate payment of all outstanding invoices, whether due or not, if any payment for any Order is overdue or if any of the events in section 13(Insolvency/Breach) of these Terms occurs. TNS may without further liability to the Buyer also cancel outstanding Orders and/or further deliveries.

3.6 Time for payment shall be of the essence.

4. DELIVERY

4.1 TNS shall have no liability for any claim in respect of any defect in the Products which is made after delivery. The Buyer shall be responsible for complying with any legislation or regulation governing the importation of the Products into the country of destination and paying any duties on them. The Buyer or a third party appointed by the Buyer shall be the “importer of record” for the Products and is responsible for all legal obligations arising therefrom.

4.2 Dates quoted for delivery of the Products are approximate only and TNS shall not be liable for any early or delay in delivery, however caused.

4.3 Unless otherwise expressly agreed in writing by TNS, all Product delivery is based on Incoterms DAP to the Buyer location specified. Delivery charges from TNS to Buyer will be charged for providing delivery.

4.4 If the Buyer fails to take delivery of the Products or fails to give TNS adequate delivery instructions at the time stated for delivery then (each a “Failed Delivery Date”), without prejudice to any other right or remedy available to TNS, TNS may at its sole discretion, store the Products until actual delivery and charge Buyer for the reasonable costs including, but not limited to, insurance, storage and finance fee. In the event that TNS cannot successfully deliver within 7 days of the Failed Delivery Date, TNS at its option may rescind the sale of the Products and prior to refunding the Buyer for any amounts paid, may deduct a handling charge for 50% of the price paid together with any other costs incurred by TNS.

5. NON-DELIVERY

5.1 The quantity of Products as recorded by TNS upon delivery shall be evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence to the satisfaction of TNS proving the contrary. Any dispute related to the quantity of Products delivered must be notified in writing to TNS within 48 hours of delivery. If notification is not received by TNS within this time period, the Buyer may not raise any claim thereafter.

5.2 Any liability of TNS for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or refunding any amount paid by the Buyer for such Products.

6. RISK AND TITLE

6.1 Risk of damage to or loss of the Products shall pass to Buyer on the earlier of the time of delivery and the Failed Delivery Date.

6.2 Notwithstanding delivery and the passing of risk in the Products, title to the Products will not pass to the Buyer until TNS has received in cash or cleared funds, payment in full of the price of the Products and all other Products agreed to be sold by TNS to Buyer for which payments is then due.

6.3 Until title to the Products passes to the Buyer, the Buyer may use or sell the Products in the ordinary course of its business. Until the Products are used or sold, the Buyer must keep them separate from its own property, protected, stored and insured and identified as TNS’s property.

6.4 Until such time as the title to the Products passes to the Buyer (and provided the Products are still existence and have not been resold), TNS shall be entitled at any time to require the Buyer to deliver up the Products to TNS, and if Buyer fails to do so forthwith, TNS may go into any place where the Buyer has stored them and retrieve them.

6.5 The Buyer may not pledge or use as security any Products where title has not passed to Buyer.

7. WARRANTIES

7.1 Buyer warrants that all Goods sold are new (unless otherwise notified to the Buyer in writing). TNS is a distributor and not a manufacturer and makes no independent warranties other than those set forth herein.

7.2 Except as provided in these terms, all warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or any implied warranty arising from course of performance, course of dealing or usage of trade).

7.3 Any claim by the Buyer under this Section 7 shall be notified in writing to TNS within seven days from the date of delivery. If delivery is not refused and the Buyer does not notify TNS accordingly, the Buyer shall not be entitled to reject the Products and TNS shall have no liability for such warranty breach.

7.4 Where any valid claim in respect of any of the Products under this Section 7 is notified to TNS in accordance with these Terms, TNS shall be entitled to replace such Products free of charge or refund to the Buyer the price of such Products (or proportionate part of the price).

8. RETURNS

8.1 Save as is expressly provided otherwise in these Terms, all sales by TNS to the Buyer are final and no returns will be accepted.

8.2 TNS will only accept returns where the Products are faulty or defective, as determined by TNS. Following notification by the Buyer to TNS, TNS will examine the Product to determine whether it is faulty or defective. In the event TNS determines the Product is faulty or defective, the Buyer will be required to issue a return materials authorization number in respect of the Products TNS has determined are eligible for return (“Returns”). All Returns must be in the original packaging. In the event the Buyer delivers Products to TNS which TNS determines are not eligible as Returns, TNS will notify Buyer and the Buyer must arrange collection of such ineligible Products from the TNS Designated Location within 10 days. In the event the Buyer does not arrange collection TNS may in its sole discretion destroy such Products and shall have no liability of any nature to the Buyer or End User.

8.3 The Returns must be delivered to the TNS Designated Location. The Buyer will be responsible for freight charges, taxes and all other costs associated with the Returns.

9. INDEMNITY

9.1 The Buyer shall defend, indemnify and hold harmless TNS, its affiliates and their respective directors, officers, employees, contractors, successors, assigns and agents from any third party allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorney fees and expenses) arising out of or related to (i) infringement of any third party’s Intellectual Property Rights (including infringement by any End User) (ii) bodily injury (including death) or damage to any property which arises in relation to End Users use of the Products, and (iii) a breach by the Buyer of the Terms.

9.2 TNS shall promptly notify the Buyer of any claim or liability described in this Section 9 for which indemnification is sought (a “Claim”); provided, however, that the failure to give such notice shall not relieve the Buyer of its obligations hereunder except to the extent that the Buyer was actually and materially prejudiced by such failure. The Buyer’s duty to defend is independent of its duty to indemnify. The Buyer will use counsel reasonably acceptable to TNS and TNS will cooperate (at the Buyer’s expense) with the Buyer in the defense. TNS may, at its option and expense, participate and appear with the Buyer in the defense of any Claim that is conducted by the Buyer as set forth herein, but the Buyer will control the defense of any such Claim. The Buyer may not settle any Claim or consent to the entry of any judgment without the prior written approval of TNS, which approval shall not be unreasonably withheld or delayed.

10. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL TNS BE LIABLE TO THE BUYER UNDER ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR (EXCEPT FOR BREACH OF CONFIDENTIALITY) CONSEQUENTIAL DAMAGES, OR COSTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA, ARISING OUT OF, OR RELATING IN ANY WAY TO, THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION DOES NOT LIMIT ANY PARTY’S LIABILITY FOR BODILY INJURY (INCLUDING DEATH) RESULTING FROM ITS NEGLIGENCE TO THE EXTENT THAT SUCH LIABILITY CANNOT BY LAW BE LIMITED OR EXCLUDED. IN NO EVENT SHALL TNS’S LIABILITY UNDER THESE TERMS OR ANY ORDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID OR PAYABLE BY THE BUYER TO TNS UNDER THESE TERMS IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. FORCE MAJEURE

Any delay or failure in performance (other than payment obligations) by either party shall be excused if and to the extent caused by an event of force majeure. If there is an event of force majeure, the party delayed or prevented from performing shall promptly notify the other party and use its reasonable efforts to mitigate the effect of the event of force majeure on its performance. An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected, provided that such event or circumstance is limited to the following: (a) riot, war, invasion, act of foreign enemies, hostilities, acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority, (b) radiation, nuclear disaster, explosion or chemical contamination, (c) earthquakes, floods, fires or other natural disaster, (d) plague, epidemic or the fear of any plague or epidemic, (e) strikes, industrial action or other labor dispute by labor not employed by the affected party or (f) changes in law, regulation or policy of any governmental authority or any act, ruling, decree, announcement or order of any governmental authority.

12. INSURANCE

The Buyer and TNS each represent that it has and will maintain (i) broad form commercial general liability insurance including premises or operations, broad form property damage covering its obligations hereunder for bodily injury and property damage, including all property for which it holds title, and (ii) general workers’ compensation insurance covering its employees, and employer’s liability insurance. All insurance required hereunder shall be carried with insurance companies licensed to do business in the country where operations are maintained. Either party may request a certificate of insurance and upon such request, the other party will provide such certificate of insurance as soon as practicable.

13. INSOLVENCY OR BREACH

13.1 If the Buyer commits a breach of any of its obligations under these Terms or otherwise, or becomes insolvent, or enters into a voluntary arrangement with its creditors, has a receiver appointed over the whole or any part of its business or assets or is the subject of any administration order or any petition of bankruptcy, liquidation or winding up or passes a resolution for voluntary winding up (other than for the purpose of a bona fide amalgamation or reconstruction) or anything with a similar effect or if in the reasonable opinion of TNS there are doubts as to the solvency of the Buyer then TNS, acting in its sole discretion, may immediately cancel any Order or suspend any further deliveries of Products without any liability to the Buyer and all money that the Buyer owes to TNS will immediately become due and payable, notwithstanding any prior agreement or arrangement to the contrary.

14. GENERAL

14.1 Should any provision of this Agreement be found to be illegal or unenforceable, the other provisions will nevertheless remain effective and enforceable to the greatest extent permitted by law.

14.2 The Buyer may not assign or delegate its rights obligations under these Terms without the other party written consent of TNS; TNS may assign all of its debts and rights to receive payments under these Terms without the Buyer’s consent. These Terms be binding upon successors, representatives and administrators of the parties.

14.3 No waiver by TNS or any breach of any of these Terms by the Buyer will operate as a waiver of subsequent breach of the same or any other provision.

14.4 Any notice given by either party to the other under these Terms must be in writing and delivered by post, fax or email to the principal place of business of the recipient and will be deemed to be given 2 days after the date it was sent if not acknowledged sooner.

14.5 These Terms are the complete, final, and exclusive agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements between them relating to the subject matter hereof. These Terms may not be varied, modified, altered, or amended except in writing and signed by the Buyer and TNS. Notwithstanding the foregoing, these Terms will remain in force only until a master distribution agreement is signed by both parties and covers the same subject matter as these Terms or its related Order.

15 GOVERNING LAW/ JURISDICTION

15.1 The formation, existence, construction, performance, validity and all aspects of these Terms shall be governed by the laws of Ireland (excluding Northern Ireland). The Buyer and TNS expressly waive any application of the Convention on International Sale of Goods. If there is a dispute between the parties related to these Terms or any Product, the parties agree that they will first attempt in good faith to resolve the dispute through one senior management member of each party. If they are unable to do so within 30 days after the complaining party’s written notice to the other party, all disputes may be settled under the rules of arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. The arbitration shall take place in Ireland and shall be conducted in English.

Returns policy – Scream wholesale

Faulty Goods can be returned to us within 6 months from date of invoice for replacement. Returns will not be accepted without prior authorisation number (RMA NUMBER). Defective goods will be replaced with equivalent products should the original product be out of stock.

1. The Return must be returned within 14 days from the date of issue of the RMA number, otherwise the RMA number will be void and the product will not be accepted. Once you have a returns number please return the product back to:

Scream Wholesale

Hanger 1 Ollerton Business Park

Childs Ercall

TF9 2EJ

Returning product to any other address we have will delay your retun by upto a week.

2. Any shipping costs incurred in returning product to Scream Wholesale are the reseller’s responsibility.

3. Goods will not be accepted from the carrier unless clearly marked with a Screams RMA number.

4. Please try and return in original packaging

5. Failure to input the fault description will result in the request being rejected. “Faulty” will not be accepted. Only genuine manufacturing faults will be accepted, Products that are returned due to customer abuse will be rejected.

6. The RMA number is only issued for the goods stated above

7. Returned goods will only be credited if they cannot be repaired or replaced by a similar product.

8. All products will be inspected for shortages; these will be noted and deducted in the case of a credit.

9. All products will be inspected for damage, in the case of a credit; no credit will be given for damaged goods caused by customer abuse.

10. “No Fault Found” goods will be held for 14 days awaiting your collection after this point Scream Wholesale reserve the right to dispose of any unclaimed un collected items.

11. Scream Wholesale do not opertate any sale or return policy’s.

The buyer is responsible for return shipping expenses under all circumstances.

Some goods are supplied with a manufacturer’s warranty. The reseller may need to contact the manufacturer directly with warranty claims. Scream Wholesale will use reasonable endeavours to assist the reseller with warranty claims.

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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE OPENROV WEB SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE OPENROV WEB SITES/SERVICES AND TO THE INFORMATION THEREIN. OPENROV AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE OPENROV WEB SITES/SERVICES AT ANY TIME, ADVICE RECEIVED VIA THE OPENROV WEB SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. OPENROV AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE OPENROV WEB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. OPENROV AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

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IN NO EVENT SHALL OPENROV AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WI IATSOEVER INCLUDING, WITHOUT I IMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OPENROV WEB SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE OPENROV WEB SITES/SERVICES OR RELATED SERVICES, THE PROVISION Of OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OPENROV WEB SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE OPENROV WEB SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPENROV OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OPENROV WEB SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OPENROV WEB SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that OpenROV may establish limits concerning use of any OpenROV Service offered on an OpenROV Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any OpenROV Service, the maximum number of e-mail messages that may be sent from or received by an account on any OpenROV Service, the maximum size of an e-mail message that may he sent from or received by an account on any OpenROV Service, the maximum disk space that will be allotted on OpenROV’s servers on your behalf, and the maximum number of times and duration you may access any OpenROV Service In a given period of time.

You agree that OpenROV has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any OpenROV Service. You acknowledge that OpenROV reserves the right to log off accounts that are inactive for an extended period of time.

OPENROV MAKES NO WARRANTY THAT ANY OPENROV SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

OpenROV reserves the right, in its sole discretion, to terminate your access to any or all OpenROV Web Sites/Services and the related services or any portion thereof at any time, without notice.

OpenROV may also terminate or suspend your access to OpenROV Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by OpenROV. Upon termination of the OpenROV Site/Service, your right to use the OpenROV Site/Service Immediately ceases.

OpenROV shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

OpenROV will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay OpenROV liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay OpenROV’s actual damages, to the extent such actual damages can be reasonably calculated.

SUBSCRIPTION-BASED CONTENT

Some contents and/or services on the OpenROV Web Sites/Services may be offered to you conditioned on your purchase of a subscription or a membership (collectively, a “Subscription”). If you elect to purchase Subscription-based content/services and transmit to OpenROV a Subscription purchase request, you warrant that all Information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all Subscription fees you incur plus all applicable taxes. Your Subscription Is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your Subscription without refund and in additional charges based on unauthorized use.

GENERAL

This agreement is governed by the laws of the State of California, without regard to conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco, California, in all disputes arising out of or relating to the use of the OpenROV Web Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OpenROV as a result of this agreement or use of the OpenROV Web Sites/Services. You agree to indemnify and hold OpenROV, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the OpenROV Web Sites/Services. OpenROV reserves the right to disclose any personal information about you or your use of the OpenROV Web Sites/Services, including its contents, without your prior permission if OpenROV has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of OpenROV or Its affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others. OpenROV’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OpenROV’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the OpenROV Web Sites/Services or information provided to or gathered by OpenROV with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OpenROV with respect to the OpenROV Web Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OpenROV with respect to the OpenROV Web Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

iBubble Returns Policy & FAQs

1. PURCHASING AND SHIPPING

Where do you ship to? We will ship to anywhere in the world reachable by a carrier.

How much is shipping? Shipping is not included for perks including iBubble. Worldwide shipping is $75, regardless of your country. Shipment does not include extra fees from customs, or additional costs associated with your country. For the 25 dollars perk, shipping is included.

Who is responsible for any additional taxes, duties or VAT? Prices do not include importation taxes. The backer is responsible for them, please check your country’s import duties before purchasing.

How does the iBubble deposit perk work? You simply have to pay $699 now, and the balance before shipping (in June 2017).

I preordered an iBubble, but I didn’t get a confirmation email. How can I check the status?

Please refer to this article on How to Check if Your Contribution is Successful. If there is still an issue, you may contact us at indiegogo@ibubble.camera.

There was an error with my contribution. What happened?

Please refer to this article on common contribution errors and steps to resolve: Common Contribution Errors.

2. FILMING ANGLES, USES AND MODES

What will iBubble do?

iBubble will follow divers underwater, filming quality images autonomously. Several filming modes will be available, including moves impossible for a diver to perform (such as rapid vertical climbs). Divers will easily switch between modes thanks to a convenient control bracelet. iBubble will also feature a manual mode for close-ups. Back to the surface, the divers will produce movies with minimal editing, share them with friends or use them to improve their technique.

Where will iBubble be positioned when filming the diver?

The location of the drone will depend on the location of the diver and the filming mode selected.

iBubble’s first version will analyze the best angle, keeping the bracelet at the center of the shot. But its wide angle will also capture the surroundings.

Which filming modes will be available?

Follow me: the camera remains near the diver and records what he sees. Marine life, corals, shipwrecks…

360° selfie: the drone completes a full circle around the diver, keeping the person at the center of the shot.

Zoom in / Zoom out: smooth transitions between wide-angle views and macro vision.

Manual mode: the diver takes a hold of iBubble, to record close-up images for instance.

What can I use it for?

iBubble will be useful to:

bring back memories from your underwater adventures

share your passion with people on land

create stunning movies

analyze your dives and improve your technique

scout a diving location before your group goes in the water

3. ABOUT iBUBBLE: ORIGINS, COST, TIMELINE…

How did you come up with this idea?

iBubble is the brainchild of Kevin Delfour and Xavier Spengler, keen divers, photographers and technology enthusiasts. They were looking for a way to film quality underwater videos without having to deal with heavy and cumbersome equipment. The idea of an autonomous wireless underwater camera imposed itself.

Delfour and Spengler turned to Startup Maker, the startup studio behind Hexo+ (1.3M$ on Kickstarter in 2014). The studio provided a complete business development and marketing support team.

Today, Nicolas Gambini and Benjamin Valtin are respectively CEO and Marketing&Sales Manager of Notilo+, the company created to support iBubble.

When will iBubble be in customers’ hands?

iBubble units will be shipped to customers in June 2017.

Is there already a functioning product?

Between July and December 2015, we’ve developed two technical prototypes to validate the positioning technology closed to the diver. It works well, even if it does not have its final design. By the end of the year, a prototype will integrate the same technology to the design final look, thanks to the funds raised in April.

What’s the extend of Guillaume Nery and Julie Gautier’s involvement in the project?

Guillaume Néry is a professional filmmaker as well as a world-class athlete. His partner, Julie Gautier, directed Gravity and other stunning underwater films. We’ve submitted our idea to them early on. They were taken by it and immediately started contributing to the project. Today, Guillaume Nery is acting as iBubble’s ambassador but also helps define technical characteristics, along with Julie Gautier.

4. TECHNICAL SPECS

Which cameras are compatible with iBubble ?

For our first version, we are working with GoPro Hero versions 3 and 4.

Tell me about the engines

iBubble is equipped with 8 propellers

4 engines sit in the nozzles, at a 45° angle from the central axle. They propulse the drone forward and backward.

4 other engines enable upward and downward movements, as well as rotations. They also stabilize the drone.

Each engine is made of three 2.5” blades which can rotate in both directions.

You say that iBubble will be quiet, can you explain further?

iBubble doesn’t rely on a ballast system, so there are no actual bubbles! In addition to that, the engines are positioned inside the drone, where we’re trying to contain the noise. Our goal is for iBubble to be as discreet as possible. iBubble adapts to the marine environment, not the other way around.

Will iBubble film in low light conditions?

Thanks to integrated LED lights, iBubble will capture quality video, with brightened colors.

How will iBubble react to underwater currents?

This is one of the areas we’re focusing on at the moment (along with environmental impact and obstacle avoidance). iBubble is equipped with 8 engines and an inertial unit in order to counteract turbulences. It should be able to go to 3.2 ft/s max and 1.9 knots.

How will the batteries work?

iBubble is equipped with a battery pack of 2 LiPo (lithium) batteries lasting up to 1h in standard conditions (10 to 30°C / 50 to 86°F, 15 min lights usage, 1 m/s – 3.2 ft/s max. current)

Battery packs can easily be swapped

The batteries are encased in a waterproof box

What happens if iBubble runs out of battery?

We are aiming for a 1-hour battery life. When the battery will be nearly empty, iBubble will alert the diver with a set of LED lights. The diver will call iBubble back and hook it on his back. This will be particularly useful for drift dives. Another option will be for iBubble to resurface and send its GPS coordinates to the boat, while flashing a bright beacon. This could be useful for longer dives.

What if iBubble loses power or if there is an electrical failure in the water?

A CO2 cartridge will set off, automatically sending the drone to the surface.

How does the signal work underwater?

iBubble “speaks” to the diver via a control bracelet, using Ultra Short Baseline (USBL). This is the same low-frequency positioning system used by submarines. We use low power, low frequency signal, which presents no danger to divers or fishes.

How does one carry iBubble on land?

We’re really proud of our design, which takes in consideration feedback from our community of divers. With convenient handles and weighing only 5kg (less than 11lbs), the drone is a breeze to transport on land.

How will you ensure filming quality?

iBubble’s IMU (inertial measurement unit) is very precise and will allow for great stability.The 8 engines also help stabilize the droneWill the images be filtered?iBubble will provide an automatic filter system adapted to the conditions of the dive (depth, headlights on…).

Will the images be filtered?

iBubble will provide an automatic filter system adapted to the conditions of the dive (depth, headlight on…).

Will I be able to turn iBubble on and off at will?

iBubble will start swimming when the diver will put the button “ON” on the connected bracelet. It can be interrupted and restart recording underwater. Our aim is to free you from having to worry about your filming equipment, and let you enjoy your dive.

5. AFTER THE DIVE

I’m done recording. What now?

You will connect your phone, tablet or computer to your iBubble via Wifi or Bluetooth to upload and edit your video!

How should I take care of my iBubble?

Rinse it thoroughly with clear water after each dive and keep it in its case.

6. ENVIRONMENT AND SAFETY

What will be iBubble’s impact on the marine ecosystem?

Like most divers, we love our underwater world. Therefore, preserving it is high on our priority list. We’re crafting a drone that will be surprisingly quiet. This way, it won’t disturb and scare away marine life. The communication between iBubble and the diver works on a frequency and intensity marine mammals can’t be disturbed. The camera uses a sonar (also harmless) to avoid obstacles, be they fishes, corals or shipwrecks.

And what about corals?

Used in normal conditions, our drone will be able to avoid obstacles, i.e. corals, fish, shipwrecks, etc.

What if a shark bites iBubble?

The drone’s colors are picked so that they don’t attract predators (i.e. by avoiding strong contrast).

What if 3 divers in the same group have an iBubble?

Each drone responds to its own bracelet. One diver won’t be able to control another diver’s iBubble.

7. WARRANTY

Will iBubble come with a warranty?

Yes, there will be a 1 year warranty for some parts. It won’t include the propellers, the dome, the handles, the beacons and improper use of the drone (such as depth).

Who would I send my iBubble to for repairs?

Certified iBubble resellers will be listed on our website. Look for the one nearest you.

GoPro Returns & Terms of Use

Last Updated Date: February 10, 2015

GoPro, Inc. d/b/a GoPro (“GoPro”) provides its services through our websites accessible at gopro.com, www.goprocamera.com and any other website for which GoPro owns the domain registration (the “Site”), its proprietary video viewing platform and the services made available by GoPro therein, including the “GoPro Network,” and certain mobile applications or game system platforms that allow you to access the GoPro services (collectively, the “Service”). These detailed Terms of Use, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 22, and which incorporate our Privacy Policy, Copyright Policy, and Trademark Policy (collectively “TOU”), govern your use of the Service. It is therefore important that you read and understand these TOU.

1. Acceptance of the TOU

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY UPLOADING OR POSTING ANY CONTENT (AS DEFINED BELOW) ON THE SERVICE, YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. IF YOU DO NOT AGREE TO THESE TOU, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR CONTENT. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Certain areas of the Service, including, but not limited to, the areas of the Service through which you may purchase GoPro products, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.

2. Eligibility

The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.

3. Account Registration

In order to access or use certain features of the Service you may be required to create an account (“Account”) and become a “Registered User” of the Service. During the registration process you will be required to provide certain information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when you use the Service and to update such information to keep it accurate, current and complete. GoPro reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. GoPro reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify GoPro of any unauthorized use of your Account.

4. Privacy

See GoPro’s Privacy Policy here for information and notices concerning GoPro’s collection and use of your personal information.

5. Ownership and Intellectual Property

The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these TOU, GoPro and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

All trademarks, service marks, logos, trade names and any other proprietary designations of GoPro used herein are trademarks or registered trademarks of GoPro. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

6. Your License to Use the Services

“Content” on the Service means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Service. Subject to your compliance with these TOU, GoPro grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service, and to access, use, view and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these TOU. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GoPro or its licensors, except for the licenses and rights expressly granted in these TOU..

7. User Submitted Content

We may, in our sole discretion, permit you to submit, post, upload, publish, email, send or transmit Content on or through the Service or in response to or in connection with Content previously provided via the Service. We may occasionally ask you to resubmit Content to us in a different form. Unless otherwise agreed in writing, GoPro does not claim any ownership rights in your Content and nothing in these TOU will be deemed to restrict any rights that you may have to use and exploit your Content. By making available any Content through the Service, you hereby grant to GoPro a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content on and through third-party distribution channels selected by, but not affiliated with, GoPro, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes, subject to any limitations on use of your private Content, if applicable, in the GoPro Privacy Policy; you also grant GoPro the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Content. You agree that neither GoPro nor any third party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that GoPro does not guarantee any confidentiality with respect to Content you submit. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these TOU.

Notwithstanding the above, if you submit Content to GoPro for GoPro, in its sole discretion, to consider using for its own purposes, you may be asked to agree to a separate license agreement that will supersede this provision with respect to such Content. You acknowledge and agree that GoPro has no obligation to use any Content that you submit and that you have no obligation to agree to license terms other than those presented in this TOU.

You acknowledge and agree that you are solely responsible for all Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Service or you have all rights, licenses, permissions, consents and releases that are necessary to grant to GoPro the rights in such Content, as contemplated under these TOU; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or GoPro’s use of the Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

8. Idea or Proposal Submissions/Feedback

For any proposals or ideas that you submit to GoPro, in addition to any other representations or warranties in these TOU, you represent and warrant that you have the right to disclose such ideas or proposal to GoPro and that such disclosure does not violate the rights of any other person or party. You will indemnify and hold harmless and defend GoPro from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.

By submitting your idea or proposal you acknowledge and recognize that GoPro has a number of well-established product lines and is continually busy working on new products, services and technologies, and as such, GoPro may currently or in the future be internally developing proposals, ideas or information or receiving proposals, ideas or information from others that are likely to be similar to the proposals or ideas provided by you. Accordingly, nothing in this TOU shall be construed as a representation or inference that GoPro will not independently develop or authorize the development of products, services or ideas, for itself or for others, that may compete with or be similar to the proposals or ideas you submit. Moreover, GoPro assumes no fiduciary or confidential obligation of any kind with respect to any proposals, ideas or suggestions made by you that relate to GoPro product lines or services. You understand we cannot and do not agree to treat as confidential your ideas, proposals, products, improvements or any other information you may decide to submit or disclose to us, even if the documents are marked as confidential or you indicate the confidential nature of the information, except to the extent covered by a separate written nondisclosure agreement, if any, we may choose to enter into with you. You also understand and agree that GoPro’s willingness to review any proposals or ideas is not an admission by GoPro of novelty, priority, or originality and does not impair GoPro’s right to contest existing or future patents or copyrights claiming the ideas. You agree that GoPro assumes no liability in reviewing these proposals or ideas and agree to rely solely upon such protection as may be afforded under the Patent and Copyright Statutes of the United States of America.

If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of GoPro and you hereby irrevocably assign to GoPro and agree to irrevocably assign to GoPro all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.

9. Copyright Policy

GoPro respects copyright law and expects its users to do the same. GoPro has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see GoPro’s Copyright Policy here, for further information.

10. General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Service, or any individual element within the Service, GoPro’s name, any GoPro trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GoPro’s express written consent;

Access, tamper with, or use non-public areas of the Service, GoPro’s computer systems, or the technical delivery systems of GoPro’s providers;

Attempt to probe, scan, or test the vulnerability of any GoPro system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GoPro or any of GoPro’s providers or any other third party (including another user) to protect the Service or Content;

Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GoPro or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a GoPro trademark, logo URL or product name without GoPro’s express written consent;

Use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these TOU;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

GoPro will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GoPro may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOU. You acknowledge that GoPro has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. GoPro reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that GoPro, at its sole discretion, considers to be objectionable for any reason, in violation of these TOU or otherwise harmful to the Service.

11. Links

The Service contains links to other websites and online resources and you understand that by using the Service and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that GoPro is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GoPro of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12. Sweepstakes and Contests

GoPro may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Service. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Service, as they may contain additional important information about GoPro’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these TOU, the terms and conditions of such Official Rules will control.

13. Modification

GoPro reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these TOU, at any time and without prior notice. If we modify these TOU, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these TOU. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TOU. You may also be asked to re-acknowledge and re-accept the TOU following any material changes. If the modified TOU are not acceptable to you, your only recourse is to cease using the Service.

14. Termination and Account Cancellation

If you breach any of these TOU, GoPro will have the right to suspend or disable your Account or terminate these TOU, at its sole discretion and without prior notice to you. GoPro is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service.  Your rights under these TOU will terminate immediately and automatically, with or without notice in GoPro’s sole discretion, if GoPro ceases to support the Service. GoPro reserves the right to revoke your access to and use of the Service and Content at any time, with or without cause. You may cancel your Account at any time by contacting GoPro Support.

15. Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOPRO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GOPRO MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GOPRO MAKES NO WARRANTY THAT GOPRO WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND GOPRO RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICE AND ANY SOFTWARE WITHOUT NOTICE TO YOU. GOPRO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOPRO OR THROUGH THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.

16. Indemnity

You agree to defend, indemnify, and hold GoPro, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Content, or your violation of these TOU.

17. Limitation and Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. NEITHER GOPRO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOPRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL GOPRO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TOU OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOPRO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

18. Controlling Law and Jurisdiction

These TOU and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

19. Entire Agreement

These TOU constitute the entire and exclusive understanding and agreement between GoPro and you regarding the Service and Content, and these TOU supersede and replace any and all prior oral or written understandings or agreements between GoPro and you regarding the Service and Content.

20. Assignment

You may not assign or transfer these TOU, by operation of law or otherwise, without GoPro’s prior written consent. Any attempt by you to assign or transfer these TOU, without such consent, will be null and of no effect. GoPro may assign or transfer these TOU, at its sole discretion, without restriction. Subject to the foregoing, these TOU will bind and inure to the benefit of the parties, their successors and permitted assigns.

21. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these TOU, will be in writing and given by GoPro (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

22. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

You and GoPro agree that any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and GoPro are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and GoPro otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these TOU.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and GoPro otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GoPro submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. GoPro will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, GoPro will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if GoPro changes this “Dispute Resolution” section after the date you first accepted these TOU (or accepted any subsequent changes to these TOU), you may reject any such change at GoPro Support within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of GoPro’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and GoPro in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these TOU (or accepted any subsequent changes to these TOU).

23. General

The failure of GoPro to enforce any right or provision of these TOU will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GoPro. Except as expressly set forth in these TOU, the exercise by either party of any of its remedies under these TOU will be without prejudice to its other remedies under these TOU or otherwise. If for any reason a court of competent jurisdiction finds any provision of these TOU invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these TOU will remain in full force and effect.

24. Contacting GoPro

If you have any questions about these TOU, please contact GoPro Support

Returns CPC

3. Prices

Prices for Supplies are in £ sterling, exclusive of VAT, which will be added at the time of despatch. The Company has used all reasonable endeavours to ensure that the prices for the Supplies applicable as at the date of issue of these Conditions are accurately set out in the Catalogue but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. Where Supplies are to be made in instalments (‘Scheduled Delivery’) the price payable for them will be that applicable at the time of despatch of the first batch of Supplies but, where Scheduled Delivery may continue for a period of 60 days or more, the Company reserves the right to charge the Customer further amounts if the price of the Supplies increases before the end of that period.

4. Payment

Payment is usually due not later than the end of the month following the month of despatch, without any deductions, withholding or set off. The Company reserves the right to request payment in advance in relation to any order. For customers in the ROI, payment may be made by (i) Sterling or Euros bankers draft or cheque drawn on a bank in Eire or the UK; (ii) BACS – electronic payment; (iii) Visa or Mastercard; or (iv) I.B.A.N. Please contact the CPC export department for further details. Time for payment is of the essence. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, the Company shall be entitled to:

i. cancel the order or suspend any further deliveries or performance;

ii. appropriate any payment made by the Customer to such of the Supplies (or the Supplies made under any other contract) as the Company may think fit; and

iii. charge interest (both before and after any judgement) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment is made in full. Customers in the ROI will be charged at a rate of 2% per month (subject to a minimum charge of £1.00) until payment is made in full.

The Company reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Customer. If legal action is taken to recover monies due to the Company then the Company reserves the right to charge the Customer statutory compensation in accordance with the Late Payment of Commercial Debts Regulations 2002. For customers in the ROI, the Company reserves the right to charge an administrative fee of £50 plus VAT (if applicable) to cover any or all administration costs incurred. The statutory compensation shall become payable immediately when legal action is commenced, whether demanded or not, and may be claimed within the legal action.

5. New accounts

A Customer wishing to open a credit account must furnish such information as may be requested by the Company and the Company may make a search with a credit reference agency. The Company reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities or reduce or suspend any credit limit at any time.

6. Orders

The Company reserves the right to decline to trade with any company or person or to impose reasonable conditions prior to accepting any order (such as, by way of example, the provision of a valid landline phone number or the prior receipt of cleared funds by the Company) where the Company considers it reasonably necessary for security or fraud prevention purposes. To avoid duplication, written confirmation of telephone orders must be clearly marked ‘Confirmation only’. The Company will not accept liability for orders not so marked and duplicate orders will be charged accordingly.Once accepted, no order may be cancelled without the prior written agreement of a director of the Company.Orders for Goods are accepted by the Company by despatching the Goods provided, however, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order. At the date of issue of these Conditions, the following Small Order Handling Charges apply for customers in the UK including all Direct Ship orders:

i Orders up to £29.99 (ex VAT) – charge £5.95 (ex VAT);

ii. Orders between £30 and £39.99 (ex VAT) – charge £ 4.25 (ex VAT)

iii. Orders between £40 and £44.99 (ex VAT) – charge £ 1.99 (ex VAT)

iv. Orders over £45.00 (ex VAT) – no charge.

These Small Order Handling Charges won’t apply to any Online Orders which are despatched to UK addresses and where delivery is to either (a) the main account holders registered address; or (b) the Customer’s standard account delivery addresses. At the date of issue of these Conditions the following Special Timed Delivery Charges apply. These Special Timed Delivery Charges will apply in addition to the Small Order Handling Charges above:

i. Before Noon – £8.99 (ex VAT)

ii. Before 10.30am – £9.99 (ex VAT)

iii. Before 9am – £19.99 (ex VAT)

iv. Saturday delivery – £19.99 (ex VAT)

v. Express Courier – priority despatch usually next working day delivery £2.99 (ex VAT)

The Company reserves the right to increase or re-classify these charges at any time, including in the event that its costs of delivery increase.

All online credit / debit / purchase card orders will be subject to a £10 (inc VAT) minimum order value.

7. Delivery

Save as set out below, the Company will use all reasonable endeavours to despatch Goods ordered before 7pm Monday to Friday or 5pm on Saturdays on the same day. Such deliveries are usually offered free of charge but may be subject to the handling charges referred to in condition 6 above. The Company reserves the right generally to change its policy on charges for delivery (including imposing charges on orders not yet placed and accepted by the Company) at any time and to pass on any fuel surcharges imposed on it. The Company reserves the right to levy a delivery and/or handling charge in the amount notified to the Customer prior to despatch for delivery of heavy or bulky items. For urgent deliveries the Company offers a special next day delivery service, the details and cost of which are referred to in condition 6 above. The Customer may request delivery or performance by instalments for up to 12 months from the date of order. The Company reserves the right to deliver or perform by instalments. Failure to meet a delivery or performance date where deliveries or performance are by instalment shall not prevent or restrict the Company from making further deliveries or rendering subsequent performance under the relevant Contract by instalment.Delivery will be made to the address specified by the Customer. The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in 8 below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.The Company reserves the right to delay despatch for a number of reasons, including to perform any necessary credit or anti-fraud checks or procedures or to ensure that payment has been received in cleared funds in full. Where despatch is delayed for such reasons the Company will use reasonable endeavours to inform the Customer.

8. Inspection, defects and non delivery

The Customer must inspect the Supplies as soon as is reasonably practicable after delivery or, in the case of Services, performance and, except as set out in Conditions 10 and 15 below, the Company shall not be liable for any defect in the Supplies unless written notice is given to the Company within 10 days of such date. The Company does not write software comprised in the Goods and it is the Customer’s responsibility to check for the presence of computer viruses before the Goods are used. The quantity of any consignment of Goods, as recorded by the Company upon despatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Company within 5 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events. Subject to 16(i) below, any liability of the Company for non-delivery or non performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition 8 will be limited to replacing the Goods or re-performing the Services within a reasonable time or to refunding the price then paid in respect of such Supplies.

9. Returns

For customers in the UK, except as detailed in Condition 10 below, no order can be cancelled or accepted for credit without the prior written agreement of the Company. If cancellation/credit is accepted by the Company, the Customer must obtain a returns authorisation number from the Company prior to returning the Goods. Goods must then be returned, at the Customer’s risk and expense, for receipt by the Company within 7 days of their delivery by the Company and must be undamaged, in re-saleable condition and in original packaging (which shall include any of the Company’s outer packaging). The Customer should return the Goods to “The Returns Department, CPC, Component House, Faraday Drive, Preston, PR2 9PP” quoting the Customer’s account number and order number. The Customer is responsible for returning Goods to the Company and for providing proof of delivery of such return. Certain Goods are excluded from this right of return, including software, manuals which have been opened and specially constructed items. Goods returned after 7 days as ‘unwanted’ or ‘incorrectly ordered’ may be accepted at the discretion of the Company but will be subject to a restocking fee of 30% of the invoice value of the Goods. Goods that consist of software, are specially constructed or contain any of the hazardous substances referred to in the Directive 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances in Electrical or Electronic Equipment may not be returned under this Condition 9. Any Goods which are not in the catalogue or are nonstock items may not be returned under this Condition 9. Any static-sensitive Goods supplied in sealed packaging may not be returned if the blister or ‘peel’ packs in which they are supplied have been opened, tampered with or damaged.

10. Consumer Contracts Regulations

If the Customer is buying as a “consumer” (as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Customer may, within 14 days after the day of delivery of the Goods, cancel its contract for the Goods by notifying the Company (by completion of a cancellation form provided by the Company or by otherwise informing the Company in writing). Provided the Customer has cancelled its contract in accordance with this Condition 10, the Customer may return the Goods and be repaid the price paid by the Customer in respect of the Goods (less any deduction required in the event that there is a loss in value of the Goods if the loss is the result of unnecessary handling by the Customer). Goods should be returned to “The Returns Department, CPC, Component House, Faraday Drive, Preston, PR2 9PP” quoting the Customer’s account number and order number. The Customer is responsible for the payment of all costs of returning the Goods. In respect of certain Goods, the Company may prefer to arrange collection itself in which case the Customer will: (i) allow the Company to collect the Goods, (ii) assist in the arrangements for the Goods’ collection and (iii) bear all reasonable costs of collection of the Goods. The Customer is responsible for the care and custody of the Goods pending return or collection. The Company will refund to the Customer the price paid in respect of the Goods (less any deduction for loss in value of the Goods as described in this Condition 10) no later than 14 days after receipt of Goods in accordance with this Condition 10 or receipt of evidence that the Customer has sent back the Goods (whichever is the earliest).This Condition 10 and the cancellation rights herein shall not apply:

in the case of sealed computer software, if the software becomes unsealed after delivery;

to Goods that are made to the Customer’s specification or are personalised.